The Origin, Development and Significance of Human Rights

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HUMAN RIGHTS

INTRODUCTION

Human Rights are rights that belong to an individual or group of individuals as a consequence of being human. They refer to a wide continuum of values or capabilities thought to enhance human agency and declared to be universal in character, in some sense equally claimed for all human beings.

It is a common observation that human beings everywhere demand the realization of diverse values or capabilities to ensure their individual and collective well-being. It also is a common observation that this demand is often painfully frustrated by social as well as natural forces, resulting in exploitation, oppression, persecution, and other forms of deprivation. Deeply rooted in these twin observations are the beginnings of what today are called "human rights" and the national and international legal processes that are associated with them.

HISTORICAL DEVELOPMENT

The expression "human rights" is relatively new, having come into everyday parlance only since World War II, the founding of the United Nations in 1945,and the adoption by the UN General Assembly of the Universal Declaration of Human Rights in 1948. It replaced the phrase "natural rights," which fell into disfavour in part because the concept of natural law (to which it was intimately linked) had become a matter of great controversy; and it replaced as well the later phrase "the rights of Man," which was not universally understood to include the rights of women.

ORIGINS IN ANCIENT GREECE AND ROME

Most students of human rights trace the origins of the concept to ancient Greece and Rome, where it was closely tied to the doctrines of the Stoics, who held that human conduct should be judged according to, and brought into harmony with, the law of nature. A classic example of this view is given in Sophocles' play Antigone, in which the title character, upon being reproached by King Creon for defying his command not to bury her slain brother, asserted that she acted in accordance with the immutable laws of the gods.

In part because Stoicism played a key role in its formation and spread, Roman law similarly allowed for the existence of a natural law and with it--pursuant to the jus gentium ("law of nations")--certain universal rights that extended beyond the rights of citizenship. According to the Roman jurist Ulpian, for example, natural law was that which nature, not the state, assures to all human beings, Roman citizens or not.

It was not until after the middle Ages, however, that natural law became associated with natural rights. In Greco-Roman and medieval times, doctrines of natural law concerned mainly the duties, rather than the rights, of "Man." Moreover, as evidenced in the writings of Aristotle and St. Thomas Aquinas, these doctrines recognized the legitimacy of slavery and serfdom and, in so doing, excluded perhaps the most important ideas of human rights as they are understood today--freedom (or liberty) and equality.

For the idea of human rights qua natural rights to gain general recognition, therefore, certain basic societal changes were necessary, changes of the sort that took place gradually, beginning with the decline of European feudalism from about the 13th century and continuing through the Renaissance to the Peace of Westphalia (1648). During this period, resistance to religious intolerance and political and economic bondage; the evident failure of rulers to meet their obligations under natural law; and the unprecedented commitment to individual expression and worldly experience that was characteristic of the Renaissance all combined to shift the conception of natural law from duties to rights. The teachings of Aquinas and Hugo Grotius on the European continent, and the Magna Carta (1215), the Petition of Right of 1628, and the English Bill of Rights (1689) in England, were proof of this change. Each testified to the increasingly popular view that human beings are endowed with certain eternal and...
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