Human Right is relating to human. Nature of human right is different. It belong with the human being. It is inseparable with human being. It does not require any state recognition, any legitimacy from the state and any enforcement. Human rights are older than states. History of human rights can be traced back to man itself. When there was only human being human right was there. When there was not state, natural law etc there was human right. History of human rights starts with the history of man itself. Different names were given to human rights. It is inherent rights as the child from the womb of the mother acquires it.
Right to own and use property emerged as first human right as Proprietary Rights. Initially human right assumed proprietary right called Easement Rights which was legally recognised rights. The law of trust emerged as Universal Law. After that Natural Law emerged.
We have different phases of Natural Law Theory-
- Super Natural
- God
- Dictate of Reasons.
In this era Natural Law known as Human Rights. There were social contract theories propounded by Thomas Hobbes, John Locke and J.J. Rousseau in the period of Renaissance. The theory was developed called Leviathan. The Reserved Rights became fundamental rights in the modern period which was called Human Right of First Generation. In first stage it was known as Easement Right. In the second stage it was called Civil and Political Rights. It is called human rights which continued till Industrial Revolution. It is available against the state only. It developed according to the state. The mid 19th century led to the right of workers. International Labour Organisation (1850-1925) was not made by any authority but by Labour Organisation.
Nature of human rights changed with Industrial Revolution. Human rights in this era was considered as social rights. Human rights changed with Russian Revolution 1916. The outcome of this was making of first constitution of USSR in 1916. It was the first constitution of the modern states guaranteed Social and Economic Rights in its Constitution itself. This led to dawn of Second Generation Human Rights.
After that large new groups emerged demanding different rights. In later half of 20th century led to the recognition of rights of Groups more than rights of Individuals. Human rights of first generation limited to the Individuals.
Lastly, Human rights of Third Generation concerned with Rights of Groups less concerned with Individual Rights.
Second World War led to the drastic effects to Human Rights. There was total destruction. It was necessary and compulsive to state to change or transform from leissez- faire to welfare state. It felt necessary for the uniform standard of human rights that led to the Declaration of UDHR, 1948. The situation demanded the Universalisation of Human Rights. Thereafter almost fifty countries became independent within ten years. Most of the countries drafted own constitutions and the fundamental rights were there.
Post Contributed By:
Laxmi khawas
Indian Institute of Legal Studies
