The phrase, “human rights” refers to the inherent rights of every individual around the world, irrespective of caste, class, sex or any other grounds of discrimination. This refers to the innate right of every human being to live, to earn a livelihood, to express their opinions and develop a voice of their own – so as to develop into fully functional members of the civilized society. While the concept of human rights is prevalent today, with almost every child aware of what the term actually entails, it is equally important to understand how the concept came about. The question arises as to what led to the birth of human rights, as a concept which governs the way countries and states around the world function. The following essay attempts to understand when and why exactly the concept of human rights emerged and its present day implications.
The belief in the sanctity of human life has been prevailing since time immemorial, in different religions around the world. However, it was during the renaissance humanism period in history when the idea of human rights first emerged. The civil wars and the European religion wars in the seventeenth centuries which comprised widespread devastation and desolation aroused a philosophy of liberalism within the people, which also recognized the birth of human rights. It can be ascertained that it was the notions of human rights, freedom and liberalism which formed the core foundations of the French and American revolutions in the late seventeenth and eighteenth centuries. The world saw massive suffrage and complete destruction in the twentieth century, with the advent of the two World Wars. The bloodshed and massacre of the World Wars ignited a fire for rebellion within the hearts of humans around the world – humans whose birth rights had been brutally snatched away. The intense desire for peace led to the Universal Declaration of Human Rights in 1948.
The concept of human rights and the fact that every individual is entitled to certain basic human rights is relatively new. However, the roots of such a concept have been around for ages. The second world war acted as a catalyst, which propelled the concept of human rights as a global issue. The idea of human rights was thus stronger than ever. Atrocities against the minority populations, the extermination and the torture of Jewish populations by the Nazis and other such instances were examples of crimes against humanity and crimes against peace. It was during such a tumultuous time that the governments around the world insisted on the development of United Nations. The main purpose of the establishment of the United Nations was bolstering of international peace and promotion of human rights. The United Nations was a way of ensuring the people around the world that they would not be denied of their basic human rights to life, food, freedom, shelter and nationality. It was President Franklin Roosevelt’s State of the Union Address in 1941 which first highlighted the need for human rights. It was during this speech that Roosevelt spoke of four essential human rights – the right to freedom of speech and religion, freedom from fear and want. In 1945, the United Nations Charter was formulated which stated that every government is obligated to protect its citizens from abuse and ensure a definite standard of living.
The year 1948 can be said to be a starting point for human rights, or the era when the concept of human rights finally gained shape. Once the United Nations was formed, a commission under the capable leadership of Eleanor Roosevelt was formed, named the Commission on Human Rights. This Commission was entrusted with the definition and establishment of the fundamental freedoms and rights. On December 10th, 1948, the Universal Declaration of Human Rights (or UDHR) was adopted by all fifty six members of the United Nations. The Declaration was passed with almost a unanimous vote. The UDHR is commonly known as the Magna Carta and focuses mainly on how a government treats and serves its own people. The UDHR claimed that the fundamental human rights were indivisible and interdependent.
The question arises as to why the human rights emerged or the various factors which contributed to the development of the human rights. The Second World War was considered to be one of the most atrocious violations of human rights. In fact, it was believed that the sole purpose of the Second World War was vindication of the rights of man. In 1945 -1948, it was stated by the United Nations that every nation is obligated to protect the birth rights of every citizen, irrespective of religion, sex, caste, creed, race or language. In the 1930s – 40s, more than six million people, which included Jews, homosexuals, Romanis, disabled people and so on were brutally murdered by the Nazis, with the ultimate aim of world domination. Under Hitler’s fascist regime, the basic human rights to live and survive were violated – owing to mass killings and savage persecutions. The policies of Hitler, along with the cruelty and systematic genocide during the Second World War shocked people around the world. By the time the war ended, citizens had almost been entirely stripped of their dignities. It was during this time that the world united with one agenda in mind – to restore peace and to ensure a minimum standard of living to every citizen. This minimum standard of living came to be known as human rights.
It started with discrimination by the Nazis, who deprived the Jews of their basic rights, which included rights to live, to earn a livelihood or the right to freedom of religion. In response to the grave injustice that had been committed against certain religions, the Universal Declaration of Human Rights consists of a right to the freedom of thought, conscience and religion. This right claims that every individual has the inherent right to practice the religion of their choice, without fear of being discriminated against. During the wars and the Nazi regime, people around the world had been subjected to brutal torture and humane treatment. As a consequence, the UDHR includes the right to liberty and security and the right to a fair trial. Additionally, the laws imposed by the Germans had forbidden inter caste marriage and also regulated family life amongst the oppressed Jews. The UDHR thus ensured a right to private and family life in order to protect and promote a minimum standard of living and family life for citizens around the world. In short, it can be said that the atrocities of the Second World War followed by the massacre which rocked the world were triggers which gave rise to the need for human rights.
In 1776, the US Declaration of Independence emphasized on the rights of the American colonies to gain freedom from the colonizers, the British Empire and establish a state of their own. The Declaration of the Rights of Man and of the Citizen which was upheld during the French Revolution in the year 1789 was based on a policy of freedom and liberalism. The main reasons behind such declarations were the inalienable, innate human rights to liberty, to life, to happiness and to protection for abuse and oppression from the government. These principles were also the first instances of why a universal need for human rights was felt. The underlying principle behind the promulgation of modern human rights was the protection of human dignity, security and justice. The Declaration of Human Rights ushered in a brand new era of human rights, which also led to an emerging consciousness of human dignity and security. The growth of consciousness amongst the colonized nations was another major cause for the development of human rights. The fact that the British, Dutch, French or North American colonizers had exerted their superiority over comparatively weaker nations for a prolonged period of time, by completely draining their resources and exploiting their people, was one of the major factors which led to the development of human rights. After the end of the wars, there was a widespread process of global democratization which led to the formation of a number of international organizations and civil society organizations. These organizations collectively led to the denouncement of human security and the lack of protection by the respective governments. This was evident from the widespread poverty, destruction, hunger, violence and man made disasters. The need for human security and protection was felt across the world, which further propelled into a full blown movement for human rights.
As far as modern human rights are concerned, the influence of the United States cannot be ignored. The history of the US, right up to the Declaration of Independence ensured that the idea of human rights was upheld and protected at any cost. It was believed that enforcement of human rights was the only way to ensure a restructuring of civilized society following the horrors of the Second World War. The UDHR emphasized that freedom referred to the “supremacy of human rights everywhere” and extended support to governments around the world so as to ensure the protection of the same.
The Universal Declaration of Human Rights is thus a non binding document, which does not have legal implications, yet is accepted universally across the globe. The barbarism of the world wars was primarily responsible for the adoption of the UDHR. Each member nation is encouraged to promote a number of social economic, civil and human rights which are the “foundation of freedom, justice and peace in the world”. However, there has been significant debate on whether the enforcement of human rights should be made legal or not. The fact that the UDHR is not legally binding leaves scope for error. According to some, human rights should be protected by law so as to rebel against prevalent tyranny and oppression. It was only in the 1970s that Jimmy Carter, the 39th President of the United States, made human rights an integral aspect of the US foreign policy. It was believed that such a measure would promote overall social and economic development, a greater degree of personal freedom and liberty, equality of opportunity and enhancement of human dignity.
In conclusion, it can be said that although the idea or notion of human rights is relatively new, the need for human rights can be traced back to the renaissance period, during the Age of Enlightenment. The atrocities against various communities, on the basis of caste, religion, gender or even skin color, have led to widespread devastation and despair. The advent of the two World Wars had nearly stripped people across the world of their dignity and had deprived them of basic standards of living. In other words, people had been deprived of their basic birth rights. It was during this time that the United Nations was formed, with an aim to promote human rights and a minimum standard of living for people around the world. The Universal Declaration of Human Rights of 1948 can thus be defined as the first major step in the development of human rights.
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