Article 30
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
Thus, the Universal Declaration of Human Rights stated that the common standard of achievements for the enjoyment and protection of human rights, it was not legally binding on the states. The fact is that it was not intended to be legally binding the commission on Human Rights in 1947, while considering the preliminary draft of an international Bill of Human Rights prepared by the drafting committee, decided to draw up a separate covenant which would b e covenant on such specific rights as would lend themselves to binding legal obligations. The documents were to be known as international covenant on Human Rights[44] . So, in this connection, the General Assembly on December 16, 1966 adopted the two covenants. International Covenant on civil and political rights, and Intentional covenant on Economic, Social and Cultural rights[45] . The covenant on civil and political rights consist of 53 Articles and is divided into six parts, while in part I, II and III various rights and freedoms are enumerated, the other three parts are devoted with implementation procedures for effective realization of those rights along with the final clauses. Article I which refers to the right of peoples to self-determination states that all peoples have the right freely to determine their political status and feely pursue their economic, social and cultural developments. These article further states, that the state parties shall promote the realization of the right of self determination and shall respect that right. Part II stipulated rights and obligations of the states parties to the covenant. It included the obligations of the state to take necessary steps to in co-operate the provisions of the covenant in the domestic laws and to adopt such legislative or other measures as may be necessary to give effect to the rights recognized in the covenant. The states parties ensure the equal rights of men and women to enjoyment of all civil and political rights. Part III deals with the specific rights of the individuals and the obligations of the States Parties.
1. The right to life (Article 6).
2. Freedom from inhuman or degrading treatment (Article 7).
3. Freedom from slavery, servitude and forced labour (Article 8).
4. Right to liberty and security (Article 9).
5. Right of detune to be treated with humanity (Article 10).
6. Freedom from imprisonment for inability to fulfill a contractual obligation (Article 11).
7. Freedom of movement and to choose his residence (Article 12).
8. Freedom of aliens from arbitrary expulsion (Article 13).
9. Right to a fair trial (Article 14).
10. Non-retroactive application of criminal law (Article 15).
11. Right to recognition as a person before the law (Article 16).
12. Right to privacy, family, home or correspondence (Article 17).
13. Freedom of thought, conscience and religion (Article 18).
14. Freedom of opinion and expression (Article 19).
15. Prohibition of propaganda of war (Article 20).
16. Right of Peaceful assembly (Article 21).
17. Freedom of association (Article 22).
18. Right to marry and found a family (Article 23).
19. Rights of the child (Article 24).
20. Right to take part in the conduct of public affairs, to vote and to be elected (Article 25).
21. Equality before the law (Article 26).
22. Rights of minorities (Article 27).
The above rights set forth in the Covenant are not absolute and are subject to certain limitations[46] .
The covenant on Economic, Social and cultural rights is consisted of 31 Articles which are divided in five parts. Part I deal with the rights of peoples to self-determination as provided in Article I of the Covenant of Civil and political rights. Other rights of the individuals are enumerated in Part III of the Covenant which included the following rights.
1. Right to work (Article 6).
2. Right to just and favourable conditions of work (Article 7).
3. Right to form and join trade unions (Article 8).
4. Right to social security (Article 9).
5. Right relating to motherhood and childhood, marriages and the family (Article 10).
6. Right to adequate food, clothing, housing and standard of living and freedom from hunger (Article 11).
7. Right to physical and mental health (Article 12).
8. Right to education including a plan for implementing compulsory primary education (Article 13).
9. Right relating to science and culture.
Part II of the Covenant laid down the undertakings of the States parties to the Covenant. Article II provided that each States Party undertakes to steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the Covenant by all appreciate means including particularly the adoption of legislative measures. Thus, the Covenant has set the standard which the States Parties are required to achieve in future[47] .
On the other hand, the evolution of International law related to the protection of war-victims and to the conduct of war, known as International Humanitarian Law has been strongly affected by the development of human rights legal protection after the Second World War. The adoption of important international instruments in the field of human rights such as the UDHR ( 1948), the International Covenant on Civil and Political Rights (1966), and the International Covenant International Covenant on Economic, Social and Cultural Rights (1966), Contributed to affirm the idea that everyone entitled to enjoyment of human rights , whether in time of peace or war[48] . International Humanitarian law, May in the traditional sense of the term, be defined as the human rights components of law of war[49] .
In other words, it can be said that International humanitarian law is that branch of human rights law which applies in International as well as Internal armed conflicts with the view to protect the human beings from the consequences of war. The major sources of International humanitarian law are the four Geneva Conventions of 1949 and two 1977 Protocols additional to these conventions and notably:
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, of August 12, 1949.
Geneva Convention for the Amelioration of the Condition of Wounded, sick, and shipwrecked Members of Armed Forces at Sea of August, 1912, 1949.
Geneva Convention relative to the Treatment of Prisoners of War, of August 12, 1949.
Geneva Convention relative to the Protection of Civilian Persons in Times of War, of August 12, 1949.
The two Protocols Additional to the Geneva Conventions are:
Protocol Additional to the Geneva Convention of 12 August 1949, relating to the Protection of Victims of International Armed Conflicts (Protocol I).
Protocol Additional to the Geneva Conventions, of 12 August 1949 relating to the Protection of Victims of Non-internal Armed Conflicts (Protocol II)[50] .
Conclusion
Withstanding this fact, the modern concept of human rights is comprehensive in its nature and content. In fact, the catalogue of rights is expanding every day. It must be noted that no catalogue elaborating specific human rights will ever be exhaustive or final, being man made laws. Its content goes hand in hand with the state of moral consciousness, or development of civilization at any given time in history. By and large, the concept of human rights is very much the product of history and of human civilization. Being as such, it is always subject to evolution and change and that the human rights concept is not static but subject to innovation and change. The historical happenings and evolutionary developments made radical changes on the idea of human rights.
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Notes
[1] H.O.Agarwal, Human Rights, Universal Book Traders, New Delhi,2002, p.2
12 H.O.Agarwal, Human Rights, p.2
[3] J. Maritain, The Rights of man and natural law, Macmillan, 1951, p.65.
[4] D.D. Raphael. “Human Rights Old and New”, In D.D. Raphael, ed. Political theory and the Rights of Man, Macmillan,1967, p.55.
[5] “Human Rights old and new”, In D.D. Raphael, ed. Political theory and the Rights of Man, Macmillan, p.57.
[6] Eddy Asirvatham, “Political theory”, quoted in Dr.U.Chandra, Human rights, law agency, Allahabad, 1999, p 16.
[7] Dr.U.Chandra, Human rights, law agency, Allahabad, 1999, cited from Thomas Hobes, p 16.
[8] Dr.U.Chandra, Human rights, p 16.
[9] D.G.Ritichie, Natural Rights (Philsophical Series), Allen and Unwin, London, p( 66-82).
[10] For Instance, right to freedom of speech is not absolute but rather regulated in accordance with the requirements of social expediency. Dr.U.Chandra, Human rights, p 17.
[11] R. Devorkin, Taking Rights seriously, Mass publications Cambridge 1977 ,pp 79-92.
[12] R. Devorkin, Taking Rights seriously , p 18.
[13] .Thomas Buergenthal, ‘Codification and Implementation of international Human Rights’, Human Dignity- The Internationalization of Human Rights, Ed. By Alice H.Hankim, Oceana Publication 1979, p 16.
[14] Dr. Gokulesh Sharma, Human Rights and Legal Remides, Deep and Deep Publications , New Delhi, p 70 ,published………
[15] DR. V.K. Anand. Human Rights, Allahabad law Agency. Mathhra Road U.P, pp 1-2 .year………
[16] According to the Roman jurist Ulpian natural law was that which nature and the state assure to all human beings. This meant that foreigners are requested to be dealt in the same way as one deals with one’s compatriots. It also implied conducting of wars in a civilized fashion. The Republic ( C. 400BC) proposed the idea of Universal truths that all must be recognized people were to work for the common good. Aristotle (384-322 B.C) wrote in Politics that Justice, virtues and rights change in accordance with different kinds of constitutions and circumstances. Cicero (106-43 BC), a Roman statesman laid down the foundations of natural law and human rights in his work. The laws (52 B.C), Cicero believed that there should be Universal Human rights laws that would transient customary and civil laws. Sophocles (495-406 BC) was one of the first to promote the idea of freedom of expression against the state. Stoces employed the ethical concept of natural law to refer to a higher order of law that corresponds to nature and which was to serve as a standard for the laws of civil society and government. Later, Christianity, especially, St. Thomas Aquininas (1225-1274) rooted this ‘natural law’ in a divine law which was revealed to man in part discoverable by man through his God-given right reason. The city state of Greece gave equal freedom of speech, equality before law, right to vote, right to be elected to public officer, right to trade and the right to access to justice to their citizen similar rights were secured to the Roman’s by the Jus Civilie of the Roman law. Thus the origins of the concept of Human rights are usually agreed to be found in the Greco-Roman natural law doctrines of Stoicisin ( the school of philosophy founded by Zeno- and Citium) which held that a Universal force pervades all creation and that human conduct should therefore be judged according to the law of nature. S.J. Henle, A Catholic view of Human Rights, A Thomistic reflection in Alan S. Rosenbaum, ‘The Philosophy of Human Rights’, International perspectives’ (1980). See also H.O. Agarwal ‘ Human Rights’, Universal book traders Delhi 2002, p 7-8
[17] Vijay Kumar, Human Rights Dimensions and Issues, Vol I, Anmol Publications .Pvt. Ltd. New Delhi ,p 42 . year…………………………..
[18] Nayyar Shamsi, Human Rights and Islam, Reference press, New Delhi-2003, pp 20-21.
[19] Nayyar Shamsi, Human Rights and Islam, p 25.
[20] Nayyar Shamsi, Human Rights and Islam, Reference press, New Delhi-2003 ,p 24.
[21] Nayyar Shamsi, Human Rights and Islam, p 28.
32 H.O. Agarwal, Human Rights, p 6.
[23] Dr.V.K. Anand, Human Rights, Allah abad law agency, p 2.
[24] Yaju (36-38), quoted in Dr.V.K. Anand, Human Rights, p 2.
[25] Dr.Gokulesh Sharma, Human Rights and Legal Remedies, Deep and Deep Publication, New Delhi, p 70.
[26] Human Rights and Legal Remedies ,p 71.
[27] A.A. Mawdudi. Human Rights in Islam, Markazi Maktaba Islamic Delhi, 1982, p 56.
[28] Teaching Human Rights , United Nations, New york, 1989, p 5.
[29] Karel Vasak, “Human Rights a legal Reality”. The International Dimensions of Human Rights, vol I,English Ed.by Phillip Alston, UNESCO .pp, 4-10.
[30] In this play , Sophocles describes describes that Antigone’s brother, while he was rebelling against the kind, was killed and his burial was prohibited by the kind Creon. In defiance of the order Antigone buried her brother. When she was arrested for violating the order. She pleaded that she had acted in accordance with the immutable, “un written laws of heaven” which even the kind could not override. Sophocles Antigon, The Unwritten, Unchanging laws of the gods, see also Dr. U. Chandra, “Human Rights”, p 1-2.
[31] P.N. Bhagwati, Human rights, International law association Allabad Centre 1980, p 7.
[32] Galus Eezejoffor, Protection of Human Rights under the law, Butter worth London -1964 ,p 3.
[33] Khwaja. A. Muntaqim, Protection of Human Rights ( National and International Perspectives), Law Publishers, India-2004, p 5.
[34] Protection of Human Rights ( National and International Perspectives), p 5.
[35] For instance, the Declaration of Independence of the thirteen United States of America in 1776. (The Virginia Declaration, 1776): the constitution of the United States of 1778 with amendments in 1789, 1865, 1869 and 1919 specified a number of rights of man. The Virginia Declaration of rights affirmed that all men are by nature equally free and impendent and have certain inherent rights. The French Declaration of the Rights of man and of the citizens of 1789 led other European countries to include the provisions in their laws for the protection of human rights. H. O. Agarwal. Human Rights, Universal Book Traders New Delhi 2002 , p 9.
[36] H. O. Agarwal. Human Rights, p 9.
[37] H. O. Agarwal. Human Rights, p 9.
[38] H.O. Agarwal, Human Rights, p 11.
[39] For instance, see Declaration of ST. James Palace (1941); Atlantic Charter (1941); United Nation Declarations (1942); Moscow Declaration (1943); Tehran Declaration (1943); Dumbarton Oak’s conference (1944); Sun Francisco Conference (1945); etc.
[40] H.O. Agarwal, Human rights, p 11.
[41] General Assembly resolution 217,(III), December 10.1948, C.F. H.O.Agarwal , Human Rights, p 30.
[42] The following eight states abstained; Byelorussian, Czechoslovakia, Poland, Saudi Arabia, Ukrainian, USSR, Union of South Africa and Yugoslavia, while the representative of the soviet bloc abstained because of disagreement over the narrow treatment of economic and social rights, the South Africa delegate abstained because as he argued, these matters were solely within domestic jurisdiction of his nations. H.O. Agarwal. Human Rights, p 30.
[43] Universal Delectation of Human Rights 1948 (Resolution 217 A III).
[44] H.O. Agarwal, Human Rights. C.F. Report of the Commission on Human Rights, Second Session, See E/600.
[45] General Assembly Resolution 2200 A (XXI) December 16, 1966.
[46] H.O. Agarwal, Human Rights, pp 41-42.
[47] H.O. Agrawal, Human Rights, p 43 C.f Dr. U. Chandara Human Rights Allahabad Law agency publication , June 1999 , pp184-185.
[48] Dr.U. Chandra, Human Rights, p 432.
[49] Thomas Buergenthat, Internal Human Rights, 1995, p 49.
[50] DR. U. Chandra, Human Rights, p 305. In addition to these documents, international humanitarian law also consists of some earlier declarations and conventions for instance, The Declaration of Paris 1856. The Declaration of Petersburg of 1868, the Hague conventions of 1899 and 1907. The Geneva Gas and Bacteriological warfare protocol of 1925.