Human Rights and Law: A Comprehensive Study

Posted on Feb 5, 2025 in Law & Jurisprudence

  • Law: Is what right-minded members of the community believe to be right or fair.
  • Jurisprudence encompasses the history of the law, its scope, and relationship with other disciplines and its interpretation.
  • Common Law is the law made by judges and it relies on the doctrine of precedent, while Civil Law is made by statutes passed by the Parliament or by subordinate bodies to which parliament has delegated legislative power.
  • Human rights have been defined as “inalienable fundamental rights to which a person is inherently entitled simply because he or she is a human being”.
  • Karel Vasak classified human rights into three generations:
    • First Generation: Civil & political rights.
    • Second Generation: Economic, social, and cultural rights.
    • Third Generation: Solidarity rights.
  • The Universal Declaration of Human Rights was the first international legal effort for states to acknowledge the rights of their citizens.
  • ICCPR stands for: International Covenant on Civil & Political Rights and ICESCR stands for International Covenant on Economic, Social & Cultural Rights, both were formed in 1966.
  • The expression ‘Human Rights’ was only used during & after World War II.
  • The concept of an individual having certain basic, inalienable rights as against a sovereign state had its origin in the doctrines of natural law.
  • Thomas Hobbes was the first champion of the theory of ‘natural rights’. He asserted that all human beings are equal, without any consideration.
  • John Locke argued that every human being has a natural right to life, personal liberty, and property.
  • Rousseau is regarded as the greatest master of natural law school; he is the author of the celebrated book, ‘The Social Contract’.
  • The Magna Carta, also known as the Great Charter, was granted to the English barons on 15th June 1215. The main theme of it was protection against the arbitrary acts by the King.
  • The English Bill of Rights was enacted on December 16, 1689, by the British Parliament. It codified the customary laws and clarified the rights and liberties of the citizens.
  • After World War I, the Institute of International Law adopted the Declaration of International Rights of Man in France on August 4, 1789.
  • The United Nations Charter was drafted, approved, and unanimously adopted by all the delegates of the 51 states who attended the United Nations Conference at San Francisco.
  • The Universal Declaration of Human Rights consists of thirty articles and covers civil, political, economic, social, and cultural rights for all men, women, and children.
  • 3 Functions of Law:
    1. Laws that establish and protect rights and privileges (Civil Law, Family Law, Labor Law).
    2. Laws that restrict rights through punishment (Criminal Law).
    3. Laws that provide the mechanisms for the control or enforcement of rights & privileges (Administrative Law).
  • Name the four different types of Courts in the Kingdom of Bahrain:
    • Inferior Courts
    • Grand Courts
    • Court of Appeal
    • Supreme Court
  • Characteristics of HR: Dynamic – Essential & Necessary – Connection with Human Dignity – Universal
  • There are many sources of modern human rights, mention four:
    • Universal Declaration of Human Rights
    • International Treaties
    • International Humanitarian Law
    • United Nations Charter
  • Why is it said that human rights are dynamic? Human rights are not static, but dynamic because they expand with socio-economic, cultural, and political developments within the state.
  • How do human rights limit state powers? Human rights imply that every individual has legitimate claims upon his or her society for certain freedoms and benefits.
  • What do we mean when we say that Human Rights are never absolute? Human rights are those limited powers and claims which are contributory to the common good and which are recognized and guaranteed by the state, through its laws, to individuals. What is the importance of the UN Charter, 1945? It is the first official document in which the term ‘human rights’ is used, and it recognized the importance of respecting fundamental freedoms.
  • What is the main negative point of the UDHR? It is not a legally binding document.
  • Why is it important to learn the history of Human Rights? It’s important so we can know how they developed.