THE CONCEPT OF HUMAN RIGHTS IN CONTRAST TO THE POPULAR UNDERSTANDING Many of us, though Asians, come from a Judeo-Christian

tradition, through Western-oriented education, religious belief and observance, and also hold highly self-centered individualistic value system. We tend to view human rights as evidenced at the point of deprivations and violations of fundamental civil liberties. The bodily harms, disappearances and deaths without accountability disturbs and hurts our conscience, insults our sense of intelligence and justice. In our abhorrence of cruelty beyond reason from whom we entrust the enforcement of justice, we invariably involve ourselves in the cause of the individual to free him from suffering and threat to his life. We urge respect of constitutional rights, the rule of law and the accordance of justice. We work towards the cause of human rights aiming at nation-building, conflict resolution and state-people reconciliation. We appeal to the regime to grant amnesty to those condemned or incarcerated especially with whom we identify and whom we believe to be innocent of alleged political crimes. Such work, is very much appreciated and need to be continued. In Asia today, such views and actions are considered to be narrow and isolated to explain Asian realities and the material conditions experienced by the majority of our Asian people that lead to conflicts between the ruling regime and the people and to the continued violations of human rights. Such views of human rights at the point of violations and suffering cannot be accepted especially by those people who are articulate in the injustices seen and the plight of the oppressed masses and deeply committed to social transformation. It is not just politics alone but the socio-economic conditions of Asian realities and the experience of the oppressed people that provide for the emergence of leaders and change motivators who find political articulation, forms and actions that lead to situations of conflicts. The majority of our people who suffer deprivation, dispossesion or disinheritance, subordination and marginalization, and the articulate among them who suffer political repression or incarceration for their commitment are not naive nor innocent. They have a cause. Precisely because of that cause and their deep-rooted commitment to the aspirations and social transformation for a just, dignified and democratic society, they have staked their lives and suffered the price. To this effect, we are called not to simply join them as leaders or followers but to share their aspirations and struggles. When the West speaks of human rights, as is seen in Carter's human rights campaign, it is basically aimed at asserting the continued US domination of the world having to its exclusion geographical areas of political, economic and cultural influence. The campaign was never intended by Carter or the US to stop the violations and restore respect for human rights by the most violent of repressive regimes in Asia whom the US propped and considered them as the staunchest allies. The campaign was directed against the USSR continuation of the ideological cold war between capitalism and communism. It was also aimed at recovering from the downward decline of US economy and its standing in

international politics following its shameful defeat and retreat from Indochina. It is the struggle of the Asian people and other Third World people against US imperialist oppression and domination that brought attention to violations of human rights in South Korea, Taiwan, the Philippines, Thailand and Indonesia, and the US involvement. The struggles of our people in Asia today are not limited to upholding individual rights as enshrined in our national constitutions and international covenants, but toward establishing a socio-economic order that accords justice and equality. We need therefore to situate the struggles of our Asian people within the context of politics of the region and the historical forces, both internal and external, that have shaped and continued to shape the region. Human rights in Asia, possesses not only several dimensions but also certain characteristics. This can be fully appreciated when viewed from the historical origins and development in a particular setting and circumstance. In the Third World, the concept of human rights necessarily acquire a broader meaning. Human rights is an out-growth of the peoples' collective struggle for independence and self-determination to be free from colonial domination, oppression and exploitation. It is from this experience that we speak of the collective rights of the people. All the more so today, the Asian peoples struggle for their collective rights in the face of realities: poverty and hunger, gross maldistribution of productive assets and income, backwardness and underdevelopment, unequal terms of trade or exchange, and the rise of the military technocratic state that has neo-fascist tendencies.

Human rights
From Wikipedia, the free encyclopedia Human rights are "basic rights and freedoms that all people are entitled to regardless of nationality, sex, age, national or ethnic origin, race, religion, language, or other status."[1] Human rights are conceived as universal and egalitarian, with all people having equal rights by virtue of being human.[1][2] These rights may exist as natural rights or as legal rights, in both national and international law.[3] The doctrine of human rights in international practice, within international law, global and regional institutions, in the policies of states and the activities of nongovernmental organisations has been a cornerstone of public policy around the world. It has been said that: "if the public discourse of peacetime global society can be said to have a common moral language, it is that of human rights."[4] Despite this, the strong claims made by the doctrine of human rights continue to provoke considerable skepticism, debates about the content, nature and justifications of human rights continue to this day. Many of the basic ideas that animated the movement developed in the aftermath of the Second World War and the atrocities of the Holocaust, culminating in the adoption of the Universal Declaration of Human Rights in Paris by the United Nations General Assembly in 1948. The

ancient world did not possess the concept of universal human rights.[5] Ancient societies had "elaborate systems of duties... conceptions of justice, political legitimacy, and human flourishing that sought to realize human dignity, flourishing, or well-being entirely independent of human rights".[6] The modern concept of human rights developed during the early Modern period, alongside the European secularization of Judeo-Christian ethics.[7] The true forerunner of human rights discourse was the concept of natural rights which appeared as part of the medieval Natural law tradition, became prominent during the Enlightenment with such philosophers as John Locke, Francis Hutcheson, and Jean-Jacques Burlamaqui, and featured prominently in the political discourse of the American Revolution and the French Revolution. From this foundation, the modern human rights movement emerged over the latter half of the twentieth century. Gelling as social activism and political rhetoric in many nations put it high on the world agenda.[8] By the 21st century, Moyn has argued, the human rights movement expanded beyond its original anti-totalitarianism to include numerous causes involving humanitarianism and social and economic development in the Third World.[9]

The Concept of Human Rights

HOME || HRC September 29, 2011

Human Rights inhere in a person by virtue of his/her being a human. They comprise both civil and political rights as well as economic, social and cultural rights. Human rights and fundamental freedoms allow us to fully develop and use our human qualities, our intelligence, our talents and our conscience and to satisfy our spiritual and other needs. They are based on mankind's increasing demand for a life in which the inherent dignity and worth of each human being will receive respect and protection. The denial of human rights and fundamental freedoms not only is an individual and personal tragedy, but also creates conditions of social and political unrest, sowing seeds of violence and conflict within and between societies and nations. Citizens of certain Greek city-states enjoyed such rights as 'isonomia' (equality before the law), 'isotimia' (equal respect for all) and 'isogoria' (equal freedom of speech). These rights figure prominently in the modern human rights jurisprudence.

As the first sentence of the universal declaration of Human rights states, respect for human rights and human dignity "is the foundation of freedom, justice and peace in the world." Human rights issues in Asia are very different from those in a developed society. For a large number of people in this part of the world, human rights are related at once to food, shelter, education, employment and health. The greatest need today is to increase awareness about human rights because every aware individual ceases to be a potential violator and instead becomes a potential protector. It was with this is mind that RLEK, together with the National Human Rights Commission (NHRC) and the International Workgroup for Indigenous Affairs (IWGIA), organised an International workshop on "Human Rights of Marginalised and tribal communities and the role of the NHRC and NGOs in promoting human rights culture", from Oct 1-3, 1999 at Dehradun. The workshop proved to be an extremely positive step in the direction of inculcating and spreading a human rights culture. The Workshop focused on imparting information and educating participants on the need for a human rights culture. One of the most important objectives of the workshop was to equip the participants with the information and skills for educating the vulnerable sections of society about their basic human rights. Developing a strategy to induce officials/authorities to have respect for Human rights was another major aim of the exercise. The workshop was inaugurated by Mr. Justice M.N. Venkatachaliah, former Chief Justice of India and the then Chairman of the NHRC. It was attended by many national and international dignitaries including Mr. Justice R. N. Misra, former Chief Justice of India and presently Member of Parliament, Mr. Justice J. S. Verma, also former Chief Justice of India and the present chairman of the NHRC, Dr. Kamal Hossain, Former Foreign Minister of Bangladesh, Mr. Lokendra Bahadur Chand, former Prime Minister of Nepal, Mr. Mahinda Rajapaksa, Minister for Fisheries and Aquatic resources, Sri Lanka, Mr. Justice V. S. Malimath, Mr. Justice Mukulgopal Mukherhjee, Mr Justice S. N. Bhargava and many other legal luminaries. There was also a very good participation of representatives of NGOs and various National and International donor agencies. During the course of the workshop the "RLEK Human Rights Centre" was also inaugurated by Mr. Justice M.N. Venkatachaliah on 2nd October 1999. The Centre aims to inculcate and spread the human rights culture and usher in a just and equitable society. The Centre will act as an independent agency to create awareness about Human Rights and to supplement the initiatives of the National Human Rights Commission and the various State Commissions. It has already succeeded in making the Government activate the district level Human Rights courts in the state of Uttar Pradesh and will support similar steps in other parts of the country. In this direction the Centre took an ambitious stride by introducing a one year Post Graduate Diploma in Human Rights. The Post Graduate Diploma in Human Rights offered by the RLEK Human Rights Centre is affiliated with Visva-Bharati University, Santiniketan. The high esteem in which the VisvaBharati is held nationally and internationally, and the fact that the founder of Santiniketan,

Gurudev Rabindranath Tagore, was one of the foremost humanitarians in the world, has inspired us to seek association of our endeavor with the University. The recognition of our effort by Visva-Bharati will give an exclusive dimension to this course. Visva-Bharati is situated in the Eastern part of the country, while Dehradun is in the Northwestern part of the country. Thus, a linkage across the country will be symbolic of National Integration. Dehradun is situated in the state of UP, where maximum Human Rights violation cases have been reported i.e., 42% of the total number of violations in the country are recorded and reported to NHRC, thus this state has become a focal point of Human Rights violations. The course looks at Human Rights from a global perspective. It aims to be dynamic and innovative through initiation of participatory processes between the students and the faculty. It will provide a strong theoretical background on the developing debates along with hands on experience of issues being tackled by Non-Governmental Organisations and other institutions. This course will provide organisations and institutions with people who are dedicated and committed to protecting Human Rights and are also technically qualified in the field. These professionals will not only ensure themselves jobs in their area of interest but will also contribute to promoting Human Rights culture in the Indian subcontinent. The RLEK Post-Graduate Diploma Course in Human Rights will be a full time residential course. The first six months will consist of lectures and classroom discussions, after which the students will take an examination. Each student will then spend three months gaining practical experience working with an NGO or other institution in the field of Human Rights. In addition to the permanent faculty, leading jurists, sitting Supreme Court Judges, several former chairpersons of the NHRC and officials of the United Nations will deliver lectures on a regular basis. The course is open to all members of SAARC countries.

The Concept of Human Rights: The History and Meaning of Its Politicization

Joy Gordon
Fairfield University

Brooklyn Journal of International Law, Vol. 23, P. 689

Abstract: This article discusses how the concept of human rights has been configured in international law and diplomacy in the second half of the twentieth century, looking specifically at the priority of political rights, and the secondary role of economic rights. If by "human rights" we mean those rights which are essential or paramount in human life, then this prioritization seems to make little sense. The article suggests that this problematic concept of human rights emerged in this form because it is rooted in two very different (and, in some sense, conflicting) traditions within the history of political philosophy: Just War doctrine, dating back to Augustine; and Enlightenment political thought. The article offers an alternative model of human rights which would offer greater logical coherence, as well as providing a grounding for more consistent and humane human rights policies and enforcement. Accepted Paper Series

History
Human rights is a concept that has been constantly evolving throughout human history. They been intricately tied to the laws, customs and religions throughout the ages. One of the first examples of a codification of laws that contain references to individual rights is the tablet of Hammurabi. The tablet was created by the Sumerian king Hammurabi about 4000 years ago. While considered barbaric by today's standards, the system of 282 laws created a precedent for a legal system . This kind of precedent and legally binding document protects the people from arbitrary persecution and punishment. The problems with Hammurabi's code were mostly due to its cause and effect nature, it held no protection on more abstract ideas such as race, religion, beliefs, and individual freedoms. It was in ancient Greece where the concept of human rights began to take a greater meaning than the prevention of arbitrary persecution. Human rights became synonymous with natural rights, rights that spring from natural law . According to the Greek tradition of Socrates and Plato, natural law is law that reflects the natural order of the universe, essentially the will of the gods who control nature. A classic example of this occurs in Greek literature, when Creon reproaches Antigone for defying his command to not bury her dead brother, and she replies that she acted

under the laws of the gods. This idea of natural rights continued in ancient Rome, where the Roman jurist Ulpian believed that natural rights belonged to every person, whether they were a Roman citizen or not. Despite this principle, there are fundamental differences between human rights today and natural rights of the past. For example, it was see as perfectly natural to keep slaves, and such a practice goes counter to the ideas of freedom and equality that we associate with human rights today. In the middle ages and later the renaissance, the decline in power of the church led society to place more of an emphasis on the individual, which in turn caused the shift away from feudal and monarchist societies, letting individual expression flourish. The next fundamental philosophy of human rights arose from the idea of positive law. Thomas Hobbes, (1588-1679) saw natural law as being very vague and hollow and too open to vast differences of interpretation . Therefore under positive law, instead of human rights being absolute, they can be given, taken away, and modified by a society to suit its needs. Jeremy Bentham, another legal positivist sums up the essence of the positivist view: Right is a child of law; from real laws come real rights, but from imaginary law, from "laws of nature," come imaginary rights.Natural rights is simple nonsense. (J.Bentham, Anarchichical Follies,
quotes in N.Kinsella, "Tomorrow's Rights in the Mirror of History" in G. Gall, ed., Civil Liberties in Canada (Toronto:Butterworths, 1982), p.17.)

This transfer of abstract ideas regarding human rights and their relation to the will of nature into concrete laws is exemplified best by various legal documents that specifically described these rights in detail: