Introduction to Human Rights

The Wrongs that Made Rights Possible: From Rights to Human Rights

HUQUQ Research Team Introduction to Human Rights, Education, Teaching Atrocities, Declarations, Treaties, UDHR 0

The concept of human rights has undergone a profound transformation over centuries, evolving from the notion of rights granted by royal decree and national constitutions to the declaration of universal rights most of which were eventually enshrined in international law in the form of treaties and conventions. This transition reflects both humanity’s growing understanding of inherent human dignity and the egregious abuse that forced human beings to aspire to do better. The journey from citizen or subject rights to universal human rights has been shaped by historical events, philosophical thought, and the need to address egregious atrocities that have occurred throughout human’s existence. Historically, rights were often tied to subjecthood or citizenship within a specific country or nation-state. In ancient civilizations, such as Greece and Rome, rights were granted to citizens but excluded slaves, women, and foreigners. Similarly, in feudal Europe, rights were hierarchical, with monarchs and nobility enjoying privileges denied to most of the population. From ancient royal decrees, like the one that produced the code of Hammurabi (1754 BCE) to the Magna Carta (1215 CE) and the English Bill of Rights (1689 CE) marked early steps toward limiting arbitrary power and recognizing certain rights, but these were still confined to specific groups within a kingdom or a country. Spurred by the abuses at the hands of the Crown and Cross, thinkers of the Western world educated themselves about the achievements of ancient civilizations during the Renaissance and began to emerge out of the Dark Ages. The Enlightenment era […]

Perspectives on Human Rights

HUQUQ Research Team Teaching, Education, Introduction to Human Rights, Teaching HUQUQ 0

The foundational idea of human rights is the notion of rights. When the very existence of a being is dependent on other things, such a being may claim that they have the right to these things. For instance, the human being is dependent on breathable air (oxygen), therefore, no power in the world should delay, limit, or enumerate access to air to any human being. This kind of proposition is so universal that it cuts across time and across cultures, and did not need to be made into a negotiated social contract of any jurisdiction. It is taken for granted that humans must share the air they breathe and no one, no matter how powerful they might be, can interfere with every individual’s right to breathe the air. The same can be said about access to drinkable water: every human being, regardless of ability and capacity, have an absolute right to water to the extent that throughout history, and all cultures, access to water was guaranteed even when such access infringed on claims other persons might claim like right over land that has the only spring or stream on which other people depend on for drinking water. However, even basic and logical claims of rights to air and water can be challenged under certain circumstances and that created a context for competing claims of rights. For example, what should be done if one person undertakes some activity within a space they claim to be theirs, in their farm or residence, for example, that […]

Sovereignty and Human Rights

HUQUQ Research Team Introduction to Human Rights, Systems Thinking Framework Indigeneity, R2P, Sovereignty, Systems Thinking 0

Sovereignty is a fundamental concept in international relations and law, defining the authority of a state to govern itself without external interference. However, in the modern era, sovereignty is increasingly discussed in relation to human rights. This article explores the concept of sovereignty in the context of human rights and its significance in ensuring—or hindering—the protection of fundamental rights. Sovereignty refers to the right and power of a governing body to regulate its own affairs without outside interference. Traditionally, sovereignty has been understood in two primary ways: (1) The authority of a state to govern itself, make laws, and enforce policies within its borders, and (2) The recognition of a state’s independence and autonomy by other states and international organizations. Historically, sovereignty was considered absolute, meaning that states had the unrestricted power to decide their internal matters without outside interference. However, with the rise of international law and globalization, the notion of sovereignty has evolved, particularly in relation to human rights. The expectation is that a sovereign state has the duty to protect the rights and freedoms of its citizens. Governments create laws, enforce justice, and establish institutions that uphold human rights, such as freedom of speech, equality before the law, the right to education, freedom from state-sanctioned or state-tolerated torture. The principle of sovereignty allows states to adopt and implement human rights frameworks that align with their social, cultural, and historical contexts. Moreover, sovereignty enables states to resist external forces that may threaten their citizens’ rights. For example, a […]

The Development of Human Rights: From Hammurabi to the Universal Declaration

Prof. Souaiaia Introduction to Human Rights, Journal Civil Rights, Human Rights, NGOs, UDHR 0

by Ahmed Souaiaia While the earliest appearance of the phrase “human rights” in written records can be traced back to the first half of the 19th century, the concept of “rights” as ethical and legal claims extends far beyond the modern era. Throughout history, organized societies with hierarchical governments have established norms and rules to protect life, safeguard property, and foster respect for the dignity of others. As early as 1760 BCE, the Babylonian king Hammurabi promoted the “wellbeing of the people” and enshrined this principle in a legal code known as the Code of Hammurabi. Around 539 BCE, when Babylon was conquered by the Persian king Cyrus, he issued a series of decrees granting people under his rule the right to choose their own religion, limiting enslavement, and establishing racial equality. More than 500 years later, the Roman Empire (27 BCE – 476 CE) developed concepts of natural law and the rights of citizens. Religious leaders also played a significant role in advocating for ethical norms and legal rules that promoted equality regardless of sex, ethnicity, or economic status. For example, during his ministry in Palestine (26–33 CE), Jesus Christ preached equality before God, declaring, “In Christ there is neither Jew nor Greek, slave nor free, male nor female.” Similarly, around 500 years later, Prophet Mohammed (613–632 CE) in the Arabian Peninsula challenged the rulers of Mecca, the Quraysh, in the name of principles such as equality, justice, and compassion, which he believed were revealed to him by God in […]

From Declaration to Binding Law

HUQUQ Research Team Introduction to Human Rights, Education, Teaching Declarations, Treaties 0

The Transformation of the Universal Declaration of Human Rights into Treaties and Conventions The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly on December 10, 1948, is a landmark document in the history of social rights. It was the first global expression of the inalienable rights to which all human beings are entitled. However, the UDHR is not a legally binding document; it is a declaration, a statement of principles and aspirations. To translate these principles into enforceable legal obligations, the international community embarked on a decades-long process of drafting and adopting treaties and conventions that codify the rights outlined in the UDHR. Here, we explore the processes that transformed the UDHR into binding international law and summarize the key treaties and conventions that emerged from this effort. Codification of the UDHR into Binding Instruments The UDHR served as the foundation for the development of international human rights law. Recognizing the need to create legally binding obligations, the United Nations Commission on Human Rights (now the Human Rights Council) began drafting treaties that would translate the UDHR’s principles into specific legal frameworks. This process involved extensive negotiations among member states, balancing diverse cultural, political, and legal perspectives. The UDHR, along with the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), came to be known in many circles as the International Bill of Human Rights. The two covenants, adopted in 1966 and entering into force […]

The Evolution of Adjudicating Human Rights Crimes

HUQUQ Research Team Introduction to Human Rights Courts and Tribunals, Universal Jurisdiction 0

From Temporary Tribunals to the International Criminal Court The adjudication of human rights crimes has undergone a significant transformation over the past century, evolving from temporary, single-use tribunals to the establishment of a permanent international criminal court. This evolution reflects the international community’s growing commitment to accountability, justice, and the rule of law in addressing atrocities such as genocide, war crimes, and crimes against humanity. The Era of Temporary Tribunals The modern history of prosecuting human rights crimes began after World War II with the establishment of the Nuremberg and Tokyo Tribunals. These ad hoc tribunals were created by the victorious Allied powers to hold Axis leaders accountable for war crimes, crimes against peace, and crimes against humanity committed during the war. The Nuremberg Trials (1945–1946) and the Tokyo Trials (1946–1948) were groundbreaking in that they established the principle that individuals, including heads of state, could be held personally responsible for violations of international law. However, these tribunals were criticized for being “victor’s justice,” as they only addressed crimes committed by the defeated powers. Moreover, they were temporary and lacked a broader framework for addressing future atrocities. Despite their limitations, they laid the groundwork for the development of international criminal law. In the 1990s, the international community once again turned to ad hoc tribunals in response to the atrocities committed during the conflicts in the former Yugoslavia and Rwanda. The International Criminal Tribunal for the former Yugoslavia (ICTY, established in 1993) and the International Criminal Tribunal for Rwanda (ICTR, established […]