Origins Of Human Rights Research Articles

The Islamic Origins of Human Rights: Alignments with Bangladesh’s Legal Framework and Policy Suggestions for Legislators

Islamic source of human rights is one of the most basic sources. Throughout the paper researchers tried to focus on the basic aspects of human rights along with the three generation rights. Islam has fairly mentioned about Human Rights that, Islam is interrelated with humanity through Islamic Sharia. Universal Declaration of Human Rights has a great significance in recent times because it is the first document of human rights together. Right to life, right to freedom, right to justice, equality of human beings has been interpreted with the law of human rights. Human rights have also been resembled with Bangladesh legal system and it includes the law of crimes, Code of Civil Procedure, Code of Criminal Procedure and Constitutional law as well. Without the law of human rights it might not be possible to protect our human dignity and human life as well. The researchers also tried to explore the parallels between Islamic principles and Bangladesh's legislative framework regarding human rights, and to provide actionable recommendations for policymakers to integrate these principles effectively into policy-making processes, ensuring a harmonious alignment between religious values and legal norms.

The Islamic Origins of Human Rights: Alignments with Bangladesh's Legal Framework and Policy Suggestions for Legislators

The Islamic Origins of Human Rights: Alignments with Bangladesh's Legal Framework and Policy Suggestions for Legislators

Human Rights In Islamic Law

Many scholars write about textbooks on human rights both on a global scale and in Indonesia, but we find incompleteness on how human rights become practical and have value, a phrase in the book Human Rights Law. slightly) from the historical development of the birth of an understanding of human rights. And from an Islamic perspective we will read and see in the understanding of Islamic law itself. The problems inherent in human beings are something that attracts scientists, philosophers and also legal experts. Because in the human being itself is stored the will, rights and freedom that are inherent in him. Human rights (HAM) are rights that are owned by all people in accordance with humane conditions. Human problems are a matter of complexity, if the rights inherent in themselves are not fought for and protected, there will be social slavery, human colonization, and regulation. monolithic life. So that freedom and the will for independence should be restrained in the shackles of outside forces who "colonize". In history, the origin of human rights is from the theory of natural rights (Natural Rights theory). The natural theory of rights originates from the theory of natural law (natural law theory), the latter of which can be traced back all the way back to ancient times with stoic philosophy to modern times through the natural law writings of Saint Thomas Aquinas

Discovering and Rediscovering Human Rights History

ABSTRACT This article surveys one historian’s experience in researching and teaching about the role of religion in the development of modern human rights in the era of the two world wars and the Holocaust. The first part focuses on the so-called Catholic human rights revolution. It examines transformations in Catholic political thought and social action as a process rather than a revolution—a gradual, incremental, and often contested dynamic that was neither linear nor inevitable. The second part pivots to explain how research on the contested origins of human rights in Catholic thought and social action have stimulated a broader teaching interest in the origins and contemporary meaning of human rights. The article argues that this dynamic of contestation is critical to understanding human rights history in order to lay bare why we have been arguing for decades and even centuries about the nature and application of human rights, and why those arguments matter to the political and moral force that the idea of human rights claims in our world.

دور حقوق الإنسان في التحكيم الاستثماري: نحو تكامل أوثق

This article examines the role of human rights in international investment arbitration. A review of the historical origins of human rights and international investment law shows that the two fields are inextricably connected and share significant similarities, particularly in terms of their norms and principles. However, their separate origins and development has also given rise to ambiguities and tensions as to how human rights considerations can be invoked in international investment arbitration and by whom. The article examines the various contexts of such invocations and analyzes human rights references in investment treaties. It argues that ambiguities and tensions are especially problematic because they carry not merely theoretical but practical implications. It shows that the trend of convergence and overlap between the two fields is growing and concludes by arguing that greater integration of human rights law into international investment law and arbitration is not only desirable but essential for the unification of public international law and addressing many of its ambiguities.

Property between Natural and Acquired Right

The main objective of this study is to discuss the bases of why some philosophers assume that property is an essential part of human rights based on accepting it as a “natural” right, and to assess the credibility of such an assumption. In order to deal with such problematic issue, we contrast John Locke and Georg Hegel with Friedrich Engels; Locke posited that privet property right is part of natural rights, while Hegel claimed that privet property is a right granted by the state. In contrast, Engels thought that the origin of property, during the early stages of humanity, was that of communal or public property, which later changed to privet property due to the division of labour and the emergence of class societies and class straggle. The study draws a comparison between Hegel and Engels on several points: family, society, social contract, and the state. The study concluded that property, be it privet or public, is not a right but a means for a right, because it is based on the ability to be transferred and exchanged, whilst the natural right ought to be nun-transferable. The only right the state have is to put forward policies of property that would not inflect the natural origin of human rights.

ДИАЛЕКТИКА ДУХА ЗАКОНОВ ОТ ШАРЛЯ ЛУИ МОНТЕСКЬЁ ДО НАСТОЯЩЕГО ВРЕМЕНИ

Montesquieu’s legacy has not lost its relevance, so it is important to understand the development of his original ideas in contemporary conditions. Especially in terms of understanding the natural origin of human rights, the priority of justice over the law, the need to find a just solution in the stated conditions and circumstances. The present article highlights the main problems connected with the opposition of positive understanding of law to its naturallegal sense, the differences in the models of legal proceedings arising from this opposition. The author does not exclude the coincidence of the sense of law and law, but it does not happen very often. The reasons for the discrepancies stem from the fact that the legislator does not keep pace with the development of social relations, cannot regulate all the relations that give rise to judicial disputes, cannot anticipate within the walls of the legislature the palette of features that may be claimed in a particular case. Absolutization of the role of the law, its deification has no basis. The development of legislation in the direction of maximum filling the existing gaps seems to be deliberately unpromising, since the attempt to apply general norms containing prescriptions, to special social relations can lead to negative consequences. Therefore, the development of law is seen on the way of its supremacy, free of positivism.

Religion and International Relations Theory: The Case of “New” Historiography of Human Rights

International relations theory (IRT) often ignores or has difficulty accounting for religion. Thus, the choice of “new” historians of human rights to focus on religious actors in the lead-up to the Universal Declaration of Human Rights (UDHR) is a noteworthy development. One important finding of this stream of scholarship is the crucial role played by Christian personalists in the cultivation of “human rights” discourse in the 1930s and 1940s. However, new school historiography carries assumptions consistent with IRT liberalism that weaken its analysis of religion in the origins of human rights. Most problematic is its dichotomous framework that pits liberal secularism against reactionary religion, which tends to minimize interpretive possibilities. By contrast, IRT constructivism is attuned to the emergence and socialization of norms as different cultures, religious traditions, and value systems interact. Various actors and social networks create, inter-subjectively, pragmatic consensus from positions of fundamental ideological difference. As such, this paper, following a constructivist impulse, uses the case of new school historiography of human rights to better understand the weakness and the promise of IRT in explaining the role of religion in international relations.

An Intimate Yet Anglo-Centric Account of a Renaissance Human Rights Man

In his well-researched biography, Mike Chinoy chronicles Kevin Boyle's life and career as a scholar, activist and lawyer, bringing to light his under-appreciated role in the civil rights movement in Northern Ireland and the efforts to find a peaceful solution to the conflict, as well as his contributions to human rights movements in the United Kingdom, Europe and the world. Are You With Me? is an important contribution to the literature on the actors who have shaped the norms, institutions and operations of human rights. In its efforts to shed light on one man, the book offers a fresh alternative to state-centric accounts of the origins of human rights. The book offers a portrait of a social movement actor turned legal scholar who used the law to contest the social inequalities against the minority community to which he belonged and to push for a solution to the underlying political conflict, as well as revelations of the complex power dynamics between human rights lawyers and the social movements they represent. In these respects Are You With Me? also provides valuable insights for socio-legal scholars, especially those focusing on legal mobilisation. At the same time the book could have provided a fuller and more complex biographical account had Chinoy been geographically and linguistically comprehensive in selecting his interviewees. The exclusion of Kurdish lawyers and human rights advocates is noticeable, particularly in light of the inclusion of Boyle's local partners in other contexts, such as South Africa.

The origins of human rights legal doctrine: the influence of global historical events.

Currently, there are trends of significant change, which covers almost all countries. The changes are due to the processes of globalization, scientific and technological progress. Large-scale socially significant historical events are also the source of significant changes in the legal sphere. These circumstances indicate the relevance of the study of the general provisions of doctrinal sources of law, which is also important in relation to the development of the legal system of Ukraine. The aim of the article is to study the origins of changes in the legal sphere, ensuring human rights and freedoms as one of the main directions of development of doctrinal sources of law and determining the role of global socially significant historical events in this process. It is noted that in the scientific literature the definition of "legal doctrine", its main elements, features and classification may differ from each other. When the sources of law go beyond individual national legal systems, they may belong to different legal families. Such sources include the doctrine of human rights, which is now recognized by most countries. The origins of the doctrine of human rights and freedoms have non-state origin. This, in our opinion, is the main feature of the doctrine of human rights and freedoms, which is common to all countries. In Recent history, the origins of human rights have been the historical events of the mid-twentieth century. The Universal Declaration of Human Rights was the first document of a universal nature and a defining act in the field of human rights protection. On the European continent, on the basis of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the international institute, the European Court of Human Rights, operates. After Ukraine's accession to the Council of Europe and ratification of the European Convention, the provisions of these institutions are in force in the country. Thus, in relation to the observance of human rights and freedoms, the principle of legal responsibility of the state to the individual has acquired special significance. The conclusions are as follows: the main feature of the doctrine of human rights is that it has a common character for all countries and is manifested in the interaction of national entities within a single world system, interaction and convergence of positivist and case law systems, creating common legal standards in the field human rights; a consequence of historical events of the mid-late twentieth century. there were changes in the field of human rights, which led to the improvement of the institution of legal responsibility of the state to the person.

Universal declaration of human rights as a source of universal international legal standards of human rights

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.

The South, the West, and the meanings of humanitarian intervention in history

AbstractAs it has been written, the history of humanitarian intervention is all too Whiggish and all too white. By conceptualising humanitarian intervention in the way that they do, orthodox histories should be seen as entangled in debates about the origins of human rights but also, perhaps more crucially, debates about the various formations and reinventions of human rights. Alternative codifications of rights reveal the historical possibility of a Southern practice of what we would almost certainly call ‘humanitarian intervention’. The record of a radical Third World practice to save strangers from the atrocities of colonialism and extreme racism is also a record of Western states playing staunchly sovereigntist roles, of the West's late devotion to Westphalia. To sketch out such a counterhistory is to argue the following: at a threshold moment in the international-political life of the Responsibility to Protect, it is the terms, range, and domain of the intervention debate that must be re-formulated and re-evaluated.

Human Rights as a ‘Substitute Utopia’? Questionable Assumptions in Samuel Moyn’s Work

ABSTRACT Samuel Moyn surprises, provokes and polarises. In his widely read monographs on historical facets of human rights, he deconstructs heroic narratives and challenges traditional assumptions on the origins of human rights. Human rights need critical accompaniment. Without systematic scrutiny, human rights practice can slip into political arrogance and moralistic complacency. Moreover, there is the ever-lurking danger that human rights organisations become self-serving rather than working on the issues they are supposed to foster. The concept of human rights itself can be turned into a modern humanitarian quasi-religion, whose tenets might claim absolute superiority over all other forms of ethos. In short: there are many reasons why a thorough critique of human rights – ‘their claims, their norms and their practices –’ is useful and indeed imperative.

AN APPROACH TO JOHN WITTE ON THE REFORMATION OF RIGHTS AND RELIGION

This article focuses on the insight of Professor John Witte Jr., (b. 1959) in relation to human rights and religion. Witte has a distinctive theological path with vast scholarly works in connection to ethics, law and human rights at the Emory University in Atlanta. Although the origin of human rights has been interpreted differently by many authors in the past. However, Witte's exposure to the emergence of modern human rights gives attention to its religious roots and the establishment of the 1948 Universal Declaration of Human Rights. The concept of religious freedom and individual rights was paramount in Calvinism, while the Papacy also tried in the reformation of its Canon Law. The 1948 United Nations Human Rights Charter came at a time when the project of human rights became inevitable after the mass atrocities caused by World War II. This article will, therefore, give a unique understanding of the emergence of modern human rights through a religious dialogue.

The Ends of Human Rights in US Literary Studies

Abstract How has contemporary US literature responded to the rapid rise and subsequent decline of human rights in US political discourse? In this essay-review, I examine two recent works—James Dawes’s The Novel of Human Rights (2018) and Crystal Parikh’s Writing Human Rights (2017)—that each bring a critical human rights approach to the study of contemporary US literatures. The essay begins by describing the emergence of the subfield of literature and human rights and its original investment in methodologies of ideology critique. I then show how Dawes and Parikh each adopt a dialectical method to investigate the contradictory relationship between a subset of contemporary American novels and a US-centric, liberal conception of human rights, while also mapping the emergence of new generic forms. But can new kinds of stories transform human rights in practice? To address this question, the essay next examines the role of literature in recent historiographic debates about the origins of human rights in order to argue for a literary-historical turn in the subfield of literature and human rights. Calling for new work that grounds the subfield’s ongoing critique of human rights representations in specific historical practices of the human rights, I conclude by briefly considering Toni Morrison’s novel Beloved (1987) alongside her involvement with the human rights movement. Can a search for literary precursors help us imagine a different future for human rights?

From Selma to Moscow: How Human Rights Activists Transformed U.S. Foreign Policy Sarah B. Snyder

Reviewed by: From Selma to Moscow: How Human Rights Activists Transformed U.S. Foreign Policy Sarah B. Snyder Debbie Sharnak (bio) Sarah B. Snyder From Selma to Moscow: How Human Rights Activists Transformed U.S. Foreign Policy (New York: Columbia University Press, 2018), ISBN, 978-0-231-16947-9, 320 pages. The history of human rights, perhaps surprisingly, emerged relatively recently as a field of scholarly inquiry.1 Historians began publishing widely on the topic only in the past decade and, as historian Barbara Keys noted, scholars of US foreign relations have been "among the most avid" contributors to fill the void in this burgeoning field.2 Sarah Snyder became one such pioneer in 2011 when she published her first book, Human Rights Activism and the End of the Cold War: A Transnational History of the Helsinki Network.3 In that volume, Snyder examines how non-state actors used the passage of the Helsinki Act of 1975 to promote a human rights agenda as a central element in East-West diplomacy, which helped lead to the end of the Cold War. In her latest book, From Selma to Moscow: How Human Rights Activists Transformed U.S. Foreign Policy, Snyder looks again to nonstate actors to examine how human rights emerged—this time as a central part of the US foreign policymaking apparatus. Eschewing claims from Samuel Moyn in The Last Utopia that human rights' true rise can be traced to the 1970s, Snyder is part of a group of historians, which includes Steven L.B Jensen and Roland Burke, who are looking to the 1960s to locate the origins of [End Page 527] modern human rights.4 While Jensen and Burke are more concerned with global events in their analyses of the earlier decade, the former examining the impact of decolonization and the latter looking to the terminal years of liberal postcolonialism, Snyder focuses on how US nonstate actors and low level diplomats played a pivotal role in bringing human rights to the forefront of US policymaking, and how their actions continues to have lasting relevance. With this project, Snyder contests the prevailing emphasis on Jimmy Carter's presidential anointment that "our commitment to human rights must be absolute" to locate when human rights had finally arrived on the US foreign policy scene. Instead, Snyder shows how a diverse set of activists, missionaries, academics, and bureaucrats laid the groundwork for Carter's inaugural claims in the "long 1960s"—a period she defines as John F. Kennedy's inauguration in 1961 through the end of Gerald Ford's presidency in January 1977. By investigating various actors' personal connections, racial identity, and transnational ties in a diverse set of ideological and geographical case studies, she argues that the long 1960s set the stage for the "institutionalization of human rights in US foreign policy and the expansion of human rights activism" in subsequent decades.5 In reexamining the temporal origins of human rights in US foreign policy, Snyder also points to an important geographic shift that occurred, which re-centered human rights activism in the US from New York to Washington DC in the 1960s. As Snyder explains, this change is significant because it shows how activists who cared about global rights stopped appealing to the United Nations and foreign governments to advocate for moral claims abroad. Instead, their frustration and disillusionment with a UN-centered approach led them to see the US as an important arbiter that could marshal its power in support of human rights to effect change. These two important historiographical contributions are illustrated through diverse emblematic case studies. Chapter one examines how human rights became an issue in US-Soviet relations. According to Snyder, pressure on the US foreign policy establishment arose from personal ties—particularly Soviet-Jewish connections—that led to the formation of NGOs, student groups, and mass demonstrations around the issue. This mobilization ended in Senator Henry Jackson's push to pass the Jackson-Vanik amendment, which limited trade with communist countries that restricted freedom of emigration and other human rights abuses. In Chapter Two, Snyder focuses on Africa, studying American activism against Southern Rhodesia's minority-ruled, racially discriminatory government. In this context, US citizens...

The Social Origins of Human Rights: Protesting Political Violence in Colombia's Oil Capital, 1919–2010

The Social Origins of Human Rights: Protesting Political Violence in Colombia's Oil Capital, 1919–2010

Globalisation, Human Rights and Islam: Competing Narratives and Discursive Practices in The Muslim World

Globalisation the growing interpenetration of ideas, states, and markets across borders has not only fostered the very blurring of distances but also growing avenues of appeal for citizens suppressed by their own states. There is no doubt that, in contemporary times, international norms and institutions for the protection of human rights are more developed than at any previous point in history. However, assaults on basic human rights continue, and the emergence of a global human rights regime may also be engendering new sources of human rights abuse. This paper examines how these developments have transformed the complex and mutable relationship between human rights and Islam and how this relationship is readjusting in response to the changing global situation. Focusing on the dramatic expansion of human rights discourse in the Muslim world, the paper argues that, for critics of Islam, the position on the incompatibility of Islam and human rights, which assumes two settled entities in an unstable relationship, is becoming hard to sustain as is the position on the Western origin of human rights. The main implication of this study is that human rights principles can be a binding international norm in a globalised world and that many normative conventions can play a pioneering role in promoting these rights and contribute to the emergence of a multicultural society.

The Myth of Universality: The UNESCO “Philosophers’ Committee” and the Making of Human Rights

This article reexamines one of the most enduring questions in the history of human rights: the question of human rights universality. By the end of the first decade after the end of the Cold War, debates around the legitimacy and origins of human rights took on new urgency, as human rights emerged as an increasingly influential rubric in international law, transnational development policy, social activism, and ethical discourse. At stake in these debates was the fundamental status of human rights. Based in part on new archival research, this article offers an alternative interpretation of the rediscovery by scholars in the late 1990s of a 1947 UNESCO survey that purported to demonstrate the universality of human rights through empirical evidence. The article argues that this contested intellectual history reflects the enduring importance of the “myth of universality”—a key cultural narrative that we continue to use to find meaning across the long, dark night of history.

The Universal Declaration of Human Rights and the Modern History of Human Rights

Beginning with the phrase “all human beings are born free and equal in dignity and rights,” the Universal Declaration of Human Rights (UDHR) proclaims its purpose of establishing global human rights from the outset. As a common standard of achievement for all signatory nations, the UDHR constitutes an essential cornerstone in the modern history of human rights by drawing upon ancient to contemporary philosophies, responses to the heinous crimes of World War II, and various visions for future human rights standards. Despite diverging viewpoints from many of the drafting parties and states, the UDHR eventually transcended conflict to form the underpinnings of a moral compass for all of humankind. This essay first explores how the UDHR came into formation by reviewing the historical origins of human rights, global dynamics prior to the UDHR, the drafting process and key debates involved, and finally its achieved compromise and ultimate unanimous adoption. Then, the essay examines ways in which the UDHR has evolved, from both a legal and moral angle, since its adoption in the context of past achievements and current challenges. From a historical point of view, I argue that the UDHR is a living document that has and is expected to change as our societies continue to evolve.