35. Human rights. The birth of the concept and its history.

 

35. Human rights. The birth of the concept and its history. Problematical aspects of the “Universal Declaration of human rights” of 1948. The reception of this concept in the social teaching of the Church.

 

Introduction:

Human Rights are commonly understood as „inalienable fundamental rights‟ to which a person is inherently entitled simply because she or he is a human being. Human Rights are thus conceived as universal and egalitarian. At the international level human rights have become a movement. It can be studied through many ways which is called as the constituents of Human Rights. They may be civil rights, political, economic, cultural, social rights. They are also called somewhere Fundamental Rights. Being a humankind one must have some rights from birth and hence they are the birth rights of every human being. They are also the rights of freedom to everyone irrespective of caste, creed, sex, region, color, profession, etc.

Human Rights:

The Term "Human Rights" denotes all those rights which are inherent in their nature and without which we cannot live as human beings. The Human Rights being eternal part of the nature of human beings are essential for the development of individual personality and human qualities, the intelligence, talent and consciences and to enable them to satisfy the spiritual and other higher demands. Human Rights are derived from the principle of Natural Law. They are neither derived from the social order nor conferred upon the individual by the society. Human rights are the rights that a human being has in virtue of whatever characteristics he has that are both specifically and universally human.

Human rights are the rights a person has simply because he or she is a human being. Human rights are held by all persons equally, universally, and forever. “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”[1] Kant said that human beings have an intrinsic value absent in inanimate objects. To violate a human right would therefore be a failure to recognize the worth of human life.[2] Human right is a concept that has been constantly evolving throughout human history. They have been intricately tied to the laws, customs and religions throughout the ages. Most societies have had traditions similar to the "golden rule" of "Do unto others as you would have them do unto you." The Hindu Vedas, the Babylonian Code of Hammurabi, the Bible, the Quran (Koran), and the Analects of Confucius are five of the oldest written sources which address questions of people’s duties, rights, and responsibilities.

Human rights refer to the "basic rights and freedoms to which all humans are entitled." Examples of rights and freedoms which have come to be commonly thought of as human rights include civil and political rights, such as the right to life and liberty, freedom of expression, and equality before the law; and social, cultural and economic rights, including the right to participate in culture, the right to food, the right to work, and the right to education. “A human right is a universal moral right, something which all men, everywhere, at all times ought to have, something of which no one may be deprived without a grave affront to justice, something which is owing to every human simply because he is human.”

Classification:

Human rights have been divided into three categories.
1. First generation rights which include civil and political rights.
2. Second generation rights such as economic, social and cultural rights.
3. Third generation rights such as the right of self-determination and the right to participate in the benefits from mankind’s common heritage.

The birth of the concept and its History:

Ancient peoples did not have the same modern-day conception of universal human rights. The true forerunner of human-rights discourse was the concept of natural rights which appeared as part of the medieval natural law tradition that became prominent during the European Enlightenment. From this foundation, the modern human rights arguments emerged over the latter half of the 20th century.

17th-century English philosopher John Locke discussed natural rights in his work, identifying them as being "life, liberty, and estate (property)", and argued that such fundamental rights could not be surrendered in the social contract. In Britain in 1689, the English Bill of Rights and the Scottish Claim of Right each made illegal a range of oppressive governmental actions. Two major revolutions occurred during the 18th century, in the United States (1776) and in France (1789), leading to the United States Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen respectively, both of which articulated certain human rights. Additionally, the Virginia Declaration of Rights of 1776 encoded into law a number of fundamental civil rights and civil freedoms.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. Many groups and movements have managed to achieve profound social changes over the course of the 20th century in the name of human rights.

Universal Declaration of Human Rights:

The Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the United Nations General Assembly in 1948, partly in response to the barbarism of World War II. The UDHR urges member states to promote a number of human, civil, economic and social rights, asserting these rights are part of the "foundation of freedom, justice and peace in the world". The declaration was the first international legal effort to limit the behavior of states and press upon them duties to their citizens following the model of the rights-duty duality.

Preamble to the Universal Declaration of Human Rights, 1948

The UDHR was framed by members of the Human Rights Commission, with Eleanor Roosevelt as Chair, who began to discuss an International Bill of Rights in 1947. The members of the Commission did not immediately agree on the form of such a bill of rights, and whether, or how, it should be enforced. The Commission proceeded to frame the UDHR and accompanying treaties, but the UDHR quickly became the priority. Canadian law professor John Humprey and French lawyer Rene Cassin were responsible for much of the cross-national research and the structure of the document respectively, where the articles of the declaration were interpretative of the general principle of the preamble. The document was structured by Cassin to include the basic principles of dignity, liberty, equality and brotherhood in the first two articles, followed successively by rights pertaining to individuals; rights of individuals in relation to each other and to groups; spiritual, public and political rights; and economic, social and cultural rights. The final three articles place, according to Cassin, rights in the context of limits, duties and the social and political order in which they are to be realized.

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.

Some of the UDHR was researched and written by a committee of international experts on human rights, including representatives from all continents and all major religions, and drawing on consultation with leaders such as Mahatma Gandhi.

The onset of the Cold War soon after the UDHR was conceived brought to the fore divisions over the inclusion of both economic and social rights and civil and political rights in the declaration. Capitalist states tended to place strong emphasis on civil and political rights (such as freedom of association and expression), and were reluctant to include economic and social rights (such as the right to work and the right to join a union). Socialist states placed much greater importance on economic and social rights and argued strongly for their inclusion.

Church teaching on human rights/Social teaching of the Church:

1. Dignity of human person that all are image of God and preeminent of Social order. 2. Global solidarity that we belong to one human family. 3. Option for the Poor and 4. Love and Justice are linked.

Catholics believe that all humans are made in the image and likeness of God, and so everyone deserves to be treated fairly and equally. The Catechism (1929) states, What is at stake is the dignity of the human person, whose defense and promotion have been entrusted to us by the Creator...

The dignity of the human person refers to the unique and immeasurable value that all life has. It declares that all life is sacred and therefore should be treated as so.

The human body is also believed to be a vessel of the Holy Spirit. Catholics therefore believe that the body must be cared for and looked after, as it contains the Holy Spirit. A Catholic should not abuse their bodies for their own wants or desires. They should treat their bodies with respect.

The Catechism also goes on to state that it is the responsibility and duty of humanity to ensure that everybody has what they need not just to survive, but to protect their value and dignity. Each time a Catholic comes into contact with another human, they are challenged to see themselves reflected in that person and, if needed, to help as Christ taught, I tell you, whenever you refused to help one of these least important ones, you refused to help me. (Matthew 25:45)

The Church’s response to human rights and social justice around the world is based on the Catholic belief about the dignity of the human person. To care and protect the dignity of one indvidual is linked to the common good. The common good can be described as creating and providing the right social conditions, so that individuals and communities can reach their full potential and live a full human life. (CCC 1906)

Discord with the Social Teaching of the Church: The main discord of UDHR with the social teaching is found in three areas:

1. There is only one mention of duties in UDHR and it is a reference to social duties, not individual duties.
2. There is a complete absence of environmental rights in the UDHR.  It was only in 1964 with the publication of Rachel Carsen’s book that everyone was made aware of the abuse of environmental rights.
3. c. Some rights are not defined sufficiently so that different opinion can be held. For example, the right to life and what about the unborn babies. The right to abortion is held by many because they say at an unformed stage the embryo is not human and may be killed.    

Conclusion: Human rights is moral principles or norms that describe certain standards of human behaviour, and are regularly protected as legal rights in municipal and international law. Everyone born in this world have human rights that must be protected by the law. Human rights are fundamental to the stability and development of countries all around the world. The impact of several changes in the world today on human rights has been both negative and positive. In particular, the risks posed by advancements in science and technology may severely hinder the implementation of human rights if not handled carefully. In the field of biotechnology and medicine especially there is strong need for human rights to be absorbed into ethical codes and for all professionals to ensure that basic human dignity is protected under all circumstances.