Evaluate The Historical Evolution Of Individual Rights Into The Modern Concept Of International Human Rights

QUESTION

 

Instruction For the assignment bellow For Reseat -1

Questions NO -1:

Critically evaluate the historical evolution of individual rights into the modern concept of international human rights, considering the role of international law before and after World War II.

Words 1500 words  never exceed 1500 words otherwise I will be punished ( you can write between (1450-1500)

Reading and details instructions are given below,

1. Introduction

• Give the definition human rights , what laws says about human rights with academic opinion. give an nice overview of the whole

2. Body paragraph ,

• Briefly discuss the history of the evolution human rights into modern international Human rights.

Special Note:  (Please must look power  point slides , give your arguments , relevant case law, academic opinions( Goggle scholar), get idea from online journal. Must reference from book, cases, online journal)

• Discuss the Role of international law before and after World War II.

Special note; (please must make argument between both side before and after second world war.  Discuss all the event nicely, take reference from books, case law, online journal as per relevant)

3. Conclusion,

• Give a nice conclusion

Note: The  assignment should written with OSCOLA referencing style Arial Front –11  please Include a bibliography end the work mention the name of the sources

 

ANSWER

 

Introduction

Human rights are defined as basis rights that a human being must have regardless of gender, caste, religion, nationality, and language. It is the right that gives freedom to human beings in making any choice in their life. Human rights can never be taken away; however, it can be restricted to some extent. It facilitates in eliminating any sort of discrimination among human beings which is supported by guaranteed law. In the ancient time human rights were not much regularized and people had limited rights towards enjoying basic needs in life. Over the years human rights have evolved into modern human rights which included a long process and determination of many activists. This assignment shed light on critical evolution of human rights into modern concept of international human rights.

Evolution of human rights into modern international human rights

The concept of human rights has been evolved based on the fact that all human beings are subjected to having equal rights and dignity. In the ancient times people have acquired their rights through membership for being a part of group, religion, nation, or a community. There have been various written sources published such as hindu vedas, babylonian code of hammurabi, and the bible which talked about peoples’ rights and responsibilities[1]. In the 18th century, all societies that may be a part of written and oral tradition has addressed the issue related to human rights as well as framed a system in order to grow welfare of human being. Evolution of modern human rights started during the enlightenment period where two most significant records have been established which was United States declaration of independence in 1776 and French declaration of rights of man and citizen in 1789. Under these two records the main focus was given to liberty law and equality law. In addition to liberty and equality law other democratic concepts were also considered such as freedom of speech, right to own property, and freedom to organise in order to establish systematic human rights. With the inclusion of such philosophies and democratic concepts first generation human rights were formed. However, in this phase of human rights there were various groups of people who did not have equal basic human rights like others[2]. That group of people included women, some religious group, political party, and backward caste people. With the societal progress and migration of people from rural to urban areas, policies have revised the first generation human rights principles which included equal basic human rights for women, and other group of people. At this phase of time increased event of unemployment emerged the need of labour law which focused on providing rights and respect to workers[3].

Prior to 20th century, there has been formation of various provisions around the world which asserted the need of individual rights in a form of written document. Some of those provisions included English bills of rights Act 1689, US Constitutions and bills of right Act 1791, and French declaration of civil rights act 1789 which mentioned basic civil rights that can be enjoyed by individuals[4]. All these provisions have acted as a base to form human rights documents in today’s scenario. However, these ancient provisions or written documents did not include rights for women, certain religion group, political groups, and people with different colour. The evolution of human rights into modern human rights has included participation of various scholars, activists, and political party who have worked vigorously to form modern human rights. In the late 19th century, prohibition of slavery has introduced the establishment of International labor organisation which focused on providing equal rights and respect to workers[5].

Main idea of modern human rights has emerged after world war ‖ with the birth of United Nations. Under United Nations there were some member states who pledged to protect human rights for all individuals. In order to achieve this goal the united nations have formed a Commission on Human rights which addressed the meaning of human rights and their freedom that was documented in the charter. In the 21st century, governments around the world have constituted human rights law in their constitution in order to uplift the welfare of the society by providing equal basic human rights to citizen of their country[6]. In UK, Human rights Act 2000 have been incorporated to provide rights and liberty to UK citizens. Universal declaration of human rights act 1948 was the foundation for building modern human rights in UK and all over the world. After the completion of Second World War, international organisations identified the need for collective human rights and regularised the policy for human rights across various nations[7].

Role of international law before and after world war ‖

Human rights have been evolved based on the philosophy that every individual should live with dignity and peacefully in the human society. International human rights are being established on the basis of century old written documents that have addressed the human rights issue[8]. Prior to Second World War the international law related to human rights was not that much strong. It did not provide facilities to various minority group of people such as women, children, backward caste people, and specific religious group. After the First World War League of nation showed concern for minority group of people have severely urged for making policies and regulations in order to support human rights for minority group. League of nation was established in order to maintain international peace and cooperation by European allies who could not achieve its goal to protect basic human rights for minority group[9]. League of nation could not flourished because of not getting support from various powerful nations such as united states. In addition to this, policies related to human rights prior to second world war was not implemented extensively by league of nation due to China’s invasion in 1931, and attack on Ethiopia by Italy in 1935. The organisation had to see its end at the start of Second World War.

International law for human rights emerged after Second World War with the establishment of United Nations. Idea for modern human rights was being formed due to existence of various wars and conflict among nations which enhanced the suffering of common people. As a consequence of this, government around the world pledged to form United Nations in order to bring international peace and cooperation by eliminating the conflict among them[10]. With the birth of United Nations, various nations became the member states and established policies for universal declaration of human rights. Universal declaration of human rights was being implemented in 56 member states with the aim to eradicate inequality treatment from the government’s end. As per the universal declaration, it has been mentioned that human rights of every individual should be indivisible and interdependent.

United Nations further drafted two treaties which focused on international human rights[11]. Furthermore, United Nations drafted 20 principle treaties in addition with international bill of human rights with explaining the fundamental human rights in more detail. These principles included convention to prohibit abuses in order to protect vulnerability of citizen of a country. One of the convention included status of refugees 1951 along with convention related to discrimination for women which was established in the year 1979. In order to protect the interest and rights of children, conventions of right to child 1989 was established[12]. Over the years, nations and individuals were able to solve cases on international human rights with the aid of stringent policies of united nation on international human rights. One such case was Croatia v. serbia, 2015 which was based on the violation on human rights and justice for genocide crime. Croatia filed a complaint regarding violation of convention act related to crime of genocide against Federal Republic of Yugoslavia. The international court of justice have supported the parties claim as per the convention of prevention of crime of genocide act 1997 section 2 as the defended party was found guilty for violating the regulations for convention related to crime of genocide.

Conclusion

Thus it can be concluded that human rights is essential in order to enjoy the basic need and desire in human life. Basic human rights are inherent to human beings regardless of any gender bias, religion, and caste. Human rights have been evolved over the centuries with the aid of policies and regulation made by government around the world. A human being is entitled to enjoy basis human rights otherwise it may lead to existence of conflicts and wars. Throughout the history, people were able to acquire rights and responsibilities for being a part of certain member group. Prior to second world war laws related to human rights was not being successfully implemented across various nations. With the aid of societal progress and need for human rights, governments around the nation had pledged to form an organisation which will protect the basic human rights of every individual. With this aim United nations were established that made rules and regulations related to international human rights. Further it can be concluded that, in order to combine the fundamental rights and freedom for each individual universal declaration of human rights were being implemented throughout the member states of United Nations.

 

 

Reference list

Bromley, Patricia, and Susan Garnett Russell. “The Holocaust as History and Human Rights: A Cross-National Analysis of Holocaust Education in Social Science Textbooks, 1970–2008.” As the Witnesses Fall Silent: 21st Century Holocaust Education in Curriculum, Policy and Practice. Springer, Cham, (2015), pp.299-320.

Cole, Mike. Education, equality and human rights: issues of gender,’race’, sexuality, disability and social class. Routledge, 2017.

Heasman, Lia. “Corporate Responsibility to Protect Human Rights: Evolution from Voluntarism to Human Rights Due Diligence.” (2018), pp.25-42

Heifer, Laurence R. “Overlegalizing human rights: International relations theory and the Commonwealth Caribbean backlash against human rights regimes.” International Law and Society. Routledge, (2017), pp.125-204.

Labonte, Melissa, and Ishmeal Alfred Charles. “8 The evolution of rights-based humanitarianism in Sierra Leone.” HPG (2016): 89.

McDougal, Myres S., Harold D. Lasswell, and Lung-chu Chen. Human rights and world public order: the basic policies of an international law of human dignity. Oxford University Press, (2018), pp.30-55

Peters, Julie Stone, and Andrea Wolper, eds. Women’s rights, human rights: International feminist perspectives. Routledge, 2018.

Richards, David A. J. “Sexual Autonomy and the Constitutional Right to Privacy: A Case Study in Human Rights and the Unwritten Constitution.” Sexual Orientation and Rights., (2017), pp. 71-132.

Shelton, Dinah. Remedies in international human rights law. Oxford University Press, USA, (2015), pp.42-53

Sikkink, Kathryn, and Ellen Lutz. “The justice cascade: the evolution and impact of foreign human rights trials in Latin America.” International Law and Society. Routledge, (2017), pp.319-351.

Stephens, Beth. “The amorality of profit: transnational corporations and human rights.” Human rights and corporations., (2017), pp.21-66.

Stroud, Philippa. The evolution of international human rights norms: From sexual orientation to gender identity. MS thesis. (2017), pp.18-32

Yamin, Alicia Ely, and Andrés Constantin. “A Long and Winding Road: The Evolution of Applying Human Rights Frameworks to Health.” Geo. J. Int’l L. 49 (2017): 191.

Bibliography

Bromley, Patricia, and Susan Garnett Russell. “The Holocaust as History and Human Rights: A Cross-National Analysis of Holocaust Education in Social Science Textbooks, 1970–2008.” As the Witnesses Fall Silent: 21st Century Holocaust Education in Curriculum, Policy and Practice. Springer, Cham, (2015), pp.299-320.

Cole, Mike. Education, equality and human rights: issues of gender,’race’, sexuality, disability and social class. Routledge, 2017.

Gilbert, Jérémie. Indigenous peoples’ land rights under international law: from victims to actors. Brill Nijhoff, 2016.

Heasman, Lia. “Corporate Responsibility to Protect Human Rights: Evolution from Voluntarism to Human Rights Due Diligence.” (2018), pp.25-42

Heifer, Laurence R. “Overlegalizing human rights: International relations theory and the Commonwealth Caribbean backlash against human rights regimes.” International Law and Society. Routledge, (2017), pp.125-204.

Labonte, Melissa, and Ishmeal Alfred Charles. “8 The evolution of rights-based humanitarianism in Sierra Leone.” HPG (2016): 89.

Lupu, Yonatan. “Legislative veto players and the effects of international human rights agreements.” American Journal of Political Science 59.3 (2015): 578-594.

McDougal, Myres S., Harold D. Lasswell, and Lung-chu Chen. Human rights and world public order: the basic policies of an international law of human dignity. Oxford University Press, (2018), pp.30-55

Peters, Julie Stone, and Andrea Wolper, eds. Women’s rights, human rights: International feminist perspectives. Routledge, 2018.

Richards, David A. J. “Sexual Autonomy and the Constitutional Right to Privacy: A Case Study in Human Rights and the Unwritten Constitution.” Sexual Orientation and Rights., (2017), pp. 71-132.

Shelton, Dinah. Remedies in international human rights law. Oxford University Press, USA, (2015), pp.42-53

Shestack, Jerome J. “The philosophic foundations of human rights.” Human Rights. Routledge, 2017. 3-36.

Sikkink, Kathryn, and Ellen Lutz. “The justice cascade: the evolution and impact of foreign human rights trials in Latin America.” International Law and Society. Routledge, (2017), pp.319-351.

Stephens, Beth. “The amorality of profit: transnational corporations and human rights.” Human rights and corporations., (2017), pp.21-66.

Stroud, Philippa. The evolution of international human rights norms: From sexual orientation to gender identity. MS thesis. (2017), pp.18-32

Yamin, Alicia Ely, and Andrés Constantin. “A Long and Winding Road: The Evolution of Applying Human Rights Frameworks to Health.” Geo. J. Int’l L. 49 (2017): 191.

[1] Bromley, Patricia, and Susan Garnett Russell. “The Holocaust as History and Human Rights: A Cross-National Analysis of Holocaust Education in Social Science Textbooks, 1970–2008.” As the Witnesses Fall Silent: 21st Century Holocaust Education in Curriculum, Policy and Practice. Springer, Cham, (2015), pp.299-320.

[2] Stephens, Beth. “The amorality of profit: transnational corporations and human rights.” Human rights and corporations., (2017), pp.21-66.

[3] Sikkink, Kathryn, and Ellen Lutz. “The justice cascade: the evolution and impact of foreign human rights trials in Latin America.” International Law and Society. Routledge, (2017), pp.319-351.

[4] McDougal, Myres S., Harold D. Lasswell, and Lung-chu Chen. Human rights and world public order: the basic policies of an international law of human dignity. Oxford University Press, (2018), pp.30-55

[5] Richards, David A. J. “Sexual Autonomy and the Constitutional Right to Privacy: A Case Study in Human Rights and the Unwritten Constitution.” Sexual Orientation and Rights., (2017), pp. 71-132.

[6] Heifer, Laurence R. “Overlegalizing human rights: International relations theory and the Commonwealth Caribbean backlash against human rights regimes.” International Law and Society. Routledge, (2017), pp.125-204.

[7] Yamin, Alicia Ely, and Andrés Constantin. “A Long and Winding Road: The Evolution of Applying Human Rights Frameworks to Health.” Geo. J. Int’l L. 49 (2017): 191.

[8] Heasman, Lia. “Corporate Responsibility to Protect Human Rights: Evolution from Voluntarism to Human Rights Due Diligence.” (2018), pp.25-42

[9] Stroud, Philippa. The evolution of international human rights norms: From sexual orientation to gender identity. MS thesis. (2017), pp.18-32

[10] Labonte, Melissa, and Ishmeal Alfred Charles. “8 The evolution of rights-based humanitarianism in Sierra Leone.” HPG (2016): 89.

[11] Peters, Julie Stone, and Andrea Wolper, eds. Women’s rights, human rights: International feminist perspectives. Routledge, 2018.

[12] Cole, Mike. Education, equality and human rights: issues of gender,’race’, sexuality, disability and social class. Routledge, 2017.