Human Rights and Jurisprudence

1. Introduction

Human Rights Jurisprudence deals with the philosophical, legal, and moral foundations of human rights. It explores the origin, nature, justification, and enforcement of rights that are inherent to all individuals regardless of race, gender, nationality, or status. Jurisprudence provides the theoretical framework for understanding how these rights are recognized and implemented in legal systems.

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2. Meaning of Human Rights

Human Rights are the basic rights and freedoms to which all human beings are entitled. These rights are universal, inalienable, and inherent.

Core Features:

• Universal (apply to all humans)
• Inalienable (cannot be taken away)
• Indivisible and Interdependent
• Protected by national and international law

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3. Philosophical Foundations

A. Natural Law Theory

• Human rights arise from natural law—rights exist by virtue of being human.
• Thinkers: John Locke, Cicero
• Example: Right to life, liberty, and property

B. Positivist Approach

• Rights are those which are recognized and protected by law or statute.
• Thinkers: Bentham, Austin
• Critique: Ignores moral basis of rights if not legally codified

C. Historical and Sociological School

• Rights evolve with society’s customs, needs, and historical progress.
• Rights are contextual and shaped by cultural and social factors.

D. Marxist Theory

• Human rights are bourgeois constructs that ignore economic inequalities.
• Emphasizes collective rights over individual liberty.

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4. Evolution of Human Rights Jurisprudence

• Ancient & Religious Sources: Concepts of dharma (India), Confucian ethics, and Islamic law had early elements of human rights.
• Magna Carta (1215): Early step toward limiting arbitrary state power.
• French Declaration of the Rights of Man (1789)
• American Bill of Rights (1791)
• Universal Declaration of Human Rights (1948): First global expression of fundamental rights.

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5. Legal Recognition of Human Rights

International Instruments:

• Universal Declaration of Human Rights (1948)
• International Covenant on Civil and Political Rights (ICCPR)
• International Covenant on Economic, Social and Cultural Rights (ICESCR)
• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

Indian Constitutional Framework:

• Fundamental Rights (Part III of the Constitution)
• Directive Principles of State Policy (Part IV)
• Judicial Interpretation: Expands the scope of Article 21 and others (e.g., Right to privacy, Right to clean environment)

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6. Important Indian Case Laws

• Maneka Gandhi v. Union of India – Expanded Article 21 to include the right to live with dignity.
• Vishaka v. State of Rajasthan – Laid down guidelines on sexual harassment at the workplace.
• Francis Coralie Mullin v. Administrator, Union Territory of Delhi – Right to life includes the right to live with human dignity.
• Justice K.S. Puttaswamy v. Union of India – Declared right to privacy as a fundamental right.

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7. Enforcement Mechanisms

National:

• NHRC (National Human Rights Commission)
• Judiciary (through PILs and constitutional remedies)
• State Human Rights Commissions

International:

• UN Human Rights Council
• International Criminal Court (ICC)
• European Court of Human Rights

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8. Contemporary Issues in Human Rights Jurisprudence

• Rights of refugees and asylum seekers
• Digital privacy and surveillance
• Environmental degradation and climate justice
• Gender and LGBTQ+ rights
• Death penalty and custodial torture
• Access to health and education

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9. Criticisms of Human Rights Jurisprudence

• Western-centric values dominate global rights discourse
• Enforceability and state compliance remain weak
• Conflicts between civil-political and economic-social rights

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10. Conclusion

Human Rights Jurisprudence is a dynamic and evolving field that bridges law, morality, and social justice. It serves as a framework to protect human dignity and limit state power. The role of judiciary, legal philosophy, and international cooperation remains vital in shaping and enforcing human rights in modern democracies.