Towards Excellence
(ISSN No. 0974-035X)
(An indexed refereed & peer-reviewed journal of higher education)
UGC-MALAVIYA MISSION TEACHER TRAINING CENTRE GUJARAT UNIVERSITY
Ramesh Raut
The concept of human rights is the
root of the concept of natural rights. Every human being is born with certain
rights. These assumptions are based on human rights. “The concept appears to
have been coined by Greek and Roman thinkers as well as by Christian
philosophers and jurists such as Thomas Aquinas.”[1] “It is based on the writings of
Hugo Grossius, known as the father of international law in the seventeenth
century”[2] and
later by Milton and Locke. “In England, a law known as the Magna Carta was
passed in 1215.”[3] Since
then, the idea that there should be restrictions on state power has spread.
This was further clarified by the "Petition of Rights"[4] in 1628
and the “Bill of Rights”[5] in
1689. The protection of human rights was the main objective of American
Independence 1776 and the American Declaration of Fundamental Independence of
1791. The French Revolution and the subsequent Declaration of the Rights of the
Freedom of the People and the Civil Rights were an important milestone. In
England, the monarchy was completely overthrown and the sovereignty of the
representative body (Parliament) was established, a victory for democracy. The
culmination of that sovereignty is the establishment of the 'rule of law'.
Human rights were the driving force behind the French Revolution. The same was
true of American independence and the Constitution. The same is true of the
fundamental rights enshrined in the Constitution of India. "The Russian
constitution also promises to free the individual from economic and social
exploitation. But it does not provide for the release of the individual from
the extreme control of the government. The Russian Constitution places special
emphasis on the social and economic rights of individuals."[6] Without
social and economic rights, political freedom alone does not make sense. But
these two kinds of freedoms are complementary. The constitution of the Western
nations was intended to protect individual freedom from political power, while
the 1936 constitution of Soviet Russia emphasized the provision of all the
facilities required for the enjoyment of these freedoms.
[1] Foundation, support CRF,St.Thomas Aquinas
Natural law and the common good. (1962) Natural and Human Law,Retrieved Jan.1
2022,From https://www.crf-usa.org/
[2] Hugo Grotius, University Leiden.(1575)
Research program.Law, Retrieved Jan.2 2022,From https://www.unversiteitleide.nl/en
[3] United Kingdom, constitutional law of United
Kingdom, 1874 &1999, Marga Carta bill of rights Retrieved Jan.2 2022,From https://www.legalserviceindia.com/
[4] Petition of Rights,Britannica.(1628)
Petition-of-Right-British-history,Retrieved
Jan.1 2022,From https://www.britannica.com/
[5] Bill
of Rights, Parliament of England, (1689) Bill-of-Right-British-history,Retrieved Jan.3 2022,From https://en.wikipedia.org/
[6] The
Russian constitution,Chapter 2 right and freedom of man and citizen (1906) The
constitution of Russian freedom, Retrieved
Jan.3 2022,From,http://www.constitution.ru/en/
Human Right, United Nation,
Declaration, challenges
VOL.16, ISSUE No.4, December 2024