Unit 1-2 Flashcards
history of human rights in india = colonial times
the British colonial period remains the lndian equivalent of the ‘Dark Ages’. Lord Macaulay rejected the ancient lndian legal political system and condemned ancient legal heritage and its inner core as an ‘immense apparatus of cruel absurdities’. The English East India Company debarred lndians from high offices and deprived them of their political, social and economic rights.
Mahatma Gandhi organised the people of lndia under his leadership and launched his
non-violent struggle to achieve self-government and fundamental rights for themselves.
Lokmanya Tilak advocated that “freedom was the birth right of lndians for which they will
have to fight.”
Motilal Nehru Committee
In 1925 the lndian National Congress finalised the draft of Declaration of Rights and demanded fundamental rights be included in the constitutional framework
The rights emphasised by the Motilal Nehru Committee report were:
a) Personal liberty, inviolability of dwelling place and property
b) Freedom of conscience, and of profession and practice of religion
c) Expression of opinion and the right to assemble peaceably without arms and to form
associations
d) Free elementary education
e) Equality for all before the law and rights
f) Right to the writ of Habeas Corpus
g) Protection from punishment under ex-post facto laws
h) Non-discrimination against any person on grounds of religion, caste or creed in the matter of
public employment
i) Equality of right in the matter of access to and use of public roads, wells, etc.
j) equality of rights for man and woman
UDHR and India
India and the Universal Declaration India was a signatory to the UDHR. A number of fundamental rights guaranteed to the individuals in Part III of the Indian Constitution are similar to the provisions of theUDHR
Keshavananda Bharati v. State of Kerala, SC observed thagt while UDHR may not be legally binding, it still shows how india understood the nature of human rights when the constitution was adopted
in Golak Nath v. State of Punjab had rightly observed, “Fundamental rights are the modern
name for what have been traditionally known as natural rights.”
Part III of the lndian Constitution may be characterised as the “Magna Carta of India”.
The Judiciary in lndia plays a significant role in protecting human rights.
GREECE – THE HAMMURABI CODE and the persian CYRUS Cylinder
- HAMMURABI: The roots for the protection of the rights of humans may be traced as far back as in the Babylonian laws- king hammurabi issued set of laws called the hammurabi code= establishing fair wages, protection of property, and required charges to be proved at trial.
- Cryus of Persia- conquored parts of greece and stated people had the right to choose their own religion. He repatriated displaced people, restored temples and cult sanctuaries. He also established racial equality.the Cyrus cylinder is also understood to be the world’s first human rights charter
USA- THE AMERICAN DECLARATION OF INDEPENDENCE
John Locke, “father of liberalism”, influenced the American War of independence. He advocated for freedom to contract theory, social contract, role of consent, empiricism and individualism. He believed individual rights should not be sacrificed for the larger public good (as against the Latin maxim “salus populi est suprema lex”).
Bill of American
Rights was adopted. It was known as the First Ten
Amendments to the US Constitution. It protects rights of all citizens, residents and visitors in American territory. The Bill of Rights protects freedom of speech, freedom of
religion, right to keep arms, the freedom of assembly and freedom to petition. It also prohibits unreasonable search and seizure, cruel and inhuman punishment and compelled self incrimination.
UK Magna carta
The English Bill of Rights (1689) was an Act passed by the English
Parliament that set out the basic civil and Constitutional rights of citizens as
well as set out who would be next to inherit the Crown. It remains as a
complementary document to the uncodified British Constitution.
The Bill
included setting limits to powers of the monarch/ruler, free elections,
parliamentary privileges, prohibition of cruel and inhuman punishment,
right not to pay taxes levied without the approval of Parliament.
he French Declaration of the Rights of Man and of the Citizen
- Individual Liberty: The Declaration emphasizes the importance of individual liberty and the right to freedom from arbitrary arrest and detention.
- Equality: It affirms the principle of equality before the law and the right to equal protection under the law.
- Property Rights: The Declaration recognizes the right to property, although it also acknowledges the need for social reforms.
- Freedom of Expression: It protects the right to freedom of speech, press, and assembly.
- Rule of Law: The Declaration promotes the rule of law and the principle that laws must be just and applied equally to all citizens.
The First Geneva Convention
Key Provisions:
Protection of Wounded Soldiers: The primary purpose of the First Geneva Convention is to protect wounded soldiers during armed conflict. It establishes rules for the treatment of wounded soldiers, regardless of their nationality or affiliation.
Medical Personnel: The Convention also protects medical personnel and facilities, ensuring that they can carry out their humanitarian duties without hindrance.
Medical Neutrality: It grants medical personnel and facilities a neutral status, meaning that they should not be targeted or attacked.
Marking of Medical Units:
foundation of human rights in chronological order
HAMMURABI CODE
1. The Cyrus Cylinder (539 B.C.): This ancient Babylonian clay cylinder is often considered one of the earliest examples of a human rights declaration. It was issued by King Cyrus the Great of Persia, who declared the freedom of slaves and the religious tolerance of different peoples.
2. Magna Carta (1215): This English charter was a significant step towards limiting the power of the monarch and establishing the rights of individuals. It included provisions related to the right to a fair trial, the right to property, and the prohibition of arbitrary imprisonment.
3. French Declaration of the Rights of Man and of the Citizen (1789): This document, adopted during the French Revolution, outlined the fundamental rights of individuals, including the right to liberty, equality, and property. It had a profound influence on the development of human rights principles.
4. United States Declaration of Independence (1776): This document declared the independence of the United States from Great Britain and outlined the principles of self-government and individual rights. It was heavily influenced by Enlightenment ideas and the French Declaration of the Rights of Man.
5. The Bill of Rights (1791): This amendment to the United States Constitution guarantees certain fundamental rights to individuals, including freedom of speech, religion, press, assembly, and petition. It is considered a cornerstone of American democracy.
6. The First Geneva Convention (1864): This treaty established rules for the treatment of wounded soldiers during armed conflict, marking a significant step towards the protection of civilians and medical personnel in wartime.
First Generation Rights: Civil and Political Rights
Core Rights: These are fundamental rights that are essential for individual liberty and dignity.
Examples: The right to life, liberty, and security of person; the right to freedom from torture, slavery, and arbitrary detention; the right to freedom of expression, religion, and assembly; the right to a fair trial; and the right to vote.
Historical Context: These rights were primarily recognized in the 18th and 19th centuries, during the Enlightenment and the struggle for political and legal equality.
SEEN IN: Magna Carta, Bill of rights, UDHR
aka negative rights- prevent a state from interfering w individuals
Second Generation Rights: Economic, Social, and Cultural Rights
Collective Rights: These rights are essential for the well-being of individuals and groups within society.
Examples: The right to work, the right to education, the right to health, the right to adequate housing, and the right to food.
Historical Context: These rights emerged in the 20th century, as societies began to focus on social and economic justice.
SEEN IN: UDHR, ICESCR
Red rights, because they depend upon government resources, these may be recognized on a progressive basis,
Third Generation Rights: Solidarity Rights
Group Rights: These rights are associated with the collective well-being of groups and nations.
Examples: The right to peace, the right to development, the right to a clean environment, and the right to cultural heritage.
Historical Context: These rights have become more prominent in recent decades, as global challenges such as climate change, environmental degradation, and economic inequality have become more pressing.
SEEN IN: Rio Declaration on environment and development.
They are aspirational. They are also known as green rights.
Universalism versus Cultural Relativism
Universalism
Core Belief: Universalism holds that there are certain moral principles that are universally valid, regardless of cultural or societal differences. These principles are believed to be inherent in human nature or derived from a higher authority.
Examples: The belief in the inherent dignity and worth of all human beings, the prohibition of torture, and the right to freedom of expression are often considered universal values.
Criticisms: Critics argue that universalism can be ethnocentric, imposing Western values on other cultures. They also contend that it may ignore the importance of cultural diversity and context.
Cultural Relativism
Core Belief: Cultural relativism asserts that moral values are relative to specific cultures and societies. There is no single, objective standard of morality, and what is considered right or wrong can vary significantly from one culture to another.
Examples: Cultural relativism might be used to justify practices such as female genital mutilation or the death penalty if these practices are accepted within a particular culture.
Criticisms: Critics argue that cultural relativism can lead to moral relativism, making it difficult to condemn harmful practices or human rights abuses. They also contend that it can undermine the possibility of progress and universal human rights.
