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The Code of Hammurabi was among the first written instances of rules and principles. Originating in Babylon, the Code of Hammurabi dates to approximately 1754 B.C. The reason it is such a unique document is that it contains legal principles that we still see in modern day society. It was composed of 282 laws that covered a variety of topics related to Babylonian society, such as property, trade, and families. Although it did not constitute a declaration of human rights in the modern sense, it did set forth some standards of justice and fairness in society. It included provisions, for example, the protection of property, the prohibition of murder and the presumption of innocence (LW2207, L.1, 2023).

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Philosophical writings from ancient times, particularly those by influential figures such as Plato and Aristotle, explored the idea of natural rights. These early works examined the notion that people are born with rights and entitlements that are fundamental to their humanity. They advocated for something they called "the natural equality of humanity" (LW2207, L.1, 2023). This fundamental idea paved the way for the evolution of contemporary human rights doctrine and the acknowledgement of fundamental liberties that are irrespective of particular legal or social frameworks.

The historical document known as the Magna Carta of 1215 in England established the concepts of limited government and the rule of law. Seen as precursors of contemporary human rights, these ideas highlighted limits on state authority and the significance of fair and equal legal structures.

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Philosophers of the Enlightenment period, such as John Locke and Jean-Jacques Rousseau, outlined concepts of individual rights, such as the rights to life, liberty, and property. "Every man has a property in his own person. This nobody has a right to, but himself" (Locke, 1690).

In 1776, the American Declaration of Independence declared certain "unalienable rights," such as the freedom to live one's own life and pursue happiness (LW2207, L.1, 2023).

The Declaration of the Rights of Man and of the Citizen, which established fundamental individual rights, was introduced during the French Revolution (1789).

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The outlawing of the transatlantic slave trade helps towards progressing an end to slavery throughout several nations.

International attempts to abolish slavery include the British Empire's 1833 Slavery Abolition Act and the Congress of Vienna in 1815.

In the Ottoman Empire in 1827, Britain, France, and Russia launch a "humanitarian intervention." (LW2207, L.1, 2023).

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Adopted in 1864, the First Geneva Convention was a ground-breaking international agreement that established fundamental guidelines for the treatment of sick and injured soldiers in combat. It also laid the groundwork for humanitarian law by introducing the Red Cross symbol as a symbol of protection for medical staff and facilities.

In order to give humanitarian relief during violent conflicts and to promote impartiality and care for the injured and sick, regardless of their nationality or religion, the International Red Cross (1863) and Red Crescent (1868) organisations were founded.

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Following World War I:

The League of Nations (1920) recognized the right to self-determination and the protection of minorities in a clause of its Covenant (LW2207, L.1, 2023).

Post WWII:

Nazi leaders were tried by military tribunals for war crimes and crimes against humanity following World War II, known as the Nuremberg Trials. Their contribution to modern human rights and humanitarian law resides in their establishment of individual accountability, definition of war crimes, advancement of universal jurisdiction, and promotion of the international rule of law (LW, L.1, 2023).

The United Nations (UN) was established in 1945, with the promotion and protection of human rights as one of its central purposes.

The UN General Assembly adopted the Universal Declaration of Human Rights (UDHR) in 1948, which outlined the essential concepts of human rights.

The European Convention on Human Rights (1950) and the Genocide Convention (1948) were founded.

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Significant progress was made toward equality and civil rights was made in the United States during the 1950s and 1960s Civil Rights Movement.

There was the signing of several international agreements pertaining to human rights, including the 1966 International Covenant on Civil and Political Rights and the 1966 International Covenant on Economic, Social, and Cultural Rights.

The setting up of regional commissioners and courts for human rights was set up establishing the Inter-American Court of Human Rights (1979) and the European Court of Human Rights (1959).

There is also ongoing efforts to address problems like migrant and refugee rights, indigenous rights, gender equality, and LGBTQ+ rights.

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Philosopher James Griffin mentions that "Human rights are a safeguard against the arbitrary exercise of power and stand as the ethical standards by which societies and governments should be judged" (Griffin, 2001). A human right is a fundamental and inalienable entitlement or freedom that every individual possesses simply by virtue of being human. All people are said to be born with certain rights, regardless of their gender, race, nationality, or any other attribute. Human rights are safeguards for people's freedom, dignity, and general well-being that are commonly enshrined in laws and international treaties. Examples include right to life, freedom of speech and right to education (LW2207, L.2, 2023).

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The controversial topic of the future of human rights is difficult to predict. As there are many ongoing conflicts surrounding the world in modern day society, there is a need for action and change. The idea of universal human rights grows apart as we are seeing numerous different countries clash with one another, which would make a universal decision on rights near impossible in the coming years, as many countries are separated by religion, beliefs, customs etc. Philosopher James Griffin believes each of us need "a substantive account of human rights" (Griffin, 2001), Our own understanding on what a human right means to ourself. Griffin also says "In deliberating about what is and what is not a human right, one cannot do anything but appeal to one’s own understanding of human dignity" (Griffin, 2001).
The evolving nature of human societies and cultures will lead to ongoing debates about the specifics of human rights. Different cultures and communities may have varying interpretations of what constitutes human dignity, and this will shape the development of new rights and the modification of existing ones.

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In the context of human rights, a source refers to the origin or foundation from which human rights are derived, justified, and articulated. Sources of human rights help establish the principles and values that underlie the recognition and protection of these rights. Legal obligations are enforceable through the law and can lead to legal consequences for non-compliance, for example, International treaties and Enforcement. Non-legal obligations are then often matters of conscience, ethics, and societal expectations. Both legal and non-legal obligations contribute to the protection and promotion of human rights, with legal obligations providing a more formal and enforceable framework. Examples of these include advocacy and public pressure (LW2207, L.4, 2023).

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International and regional treaties serve as the primary source of international human rights legislation. These treaties can go by various names, such as, convention, treaty, charter, covenant, protocol, agreement, or statute (Moeckli, 2022). States usually become parties to treaties through ratification or accession, formally depositing an instrument of ratification with the relevant treaty body (LW2207, L.4, 2023). Treaties on human rights are not like other treaties in that states do not reciprocate each other's rights and obligations. States that ratify these accords, on the other hand, consent to legal restrictions on how they treat people who reside on their territory (Moeckli, 2022).

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The Universal Declaration of Human Rights (UDHR), the International Covenants on Civil and Political Rights (ICCPR), and the Economic, Social, and Cultural Rights (ICESCR) are the main treaties governing international human rights law. These constitute the International Bill of Rights collectively. In order to meet particular rights and obligations, various additional protocols and regional human rights systems were developed.

Treaty bodies provide interpretations and direction on treaty provisions through broad feedback or suggestions. Although they are not considered authoritative, they do advance knowledge of the fundamentals of human rights (Mutua, 2001).

Updating existing treaties or creating additional protocols is a common practice to address evolving normative changes and maintain the relevance of human rights law as it is especially relevant in modern day society seeing conflicts between different countries rise in occurrence, for example, Israel and Palestine.

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Article 38 (1) International Court Of Justice (ICJ) Statute is the origin point of the sources of international law. It would be highly regarded as the starting point for any discussion regarding the sources of international law and international human rights law (LW2207, L.4, 2023).

Article 38(1) is important because it establishes the framework for the ICJ to derive its legal decisions from a well-defined set of sources, ensuring consistency, legitimacy, and fairness in its role as the principal judicial organ of the United Nations.

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The idea of dignity is among the fundamental ideas guiding human rights. Jeremy Waldron is a scholar who defines dignity in two ways. First, every human being has inherent dignity, which is the source of human rights. We have specific rights because of our inherent dignity, including the freedom from torture and cruel treatment. He also mentions communal dignity as another sense of dignity. The term "communal dignity" describes the moral responsibilities and duties to protect the interests and well-being of society at large. It acknowledges the interdependence of people's rights and our shared obligation to uphold and advance human rights for the benefit of society as a whole (LW2207, L.2, 2023).

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Capabilities are another important aspect of human rights. They refer the variety of opportunities and freedom available to people to live lives that are important to them. One capacity that allows people to take part in decision-making processes is the power to vote. For example, the state has a duty to guarantee that people can exercise their right to vote without unwanted interference (LW2207, L.2, 2023).

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Legal philosopher Joseph Raz once proclaimed "Human rights serve as a moral compass that guides us in understanding our obligations to each other and to the larger community" (Raz, 2010). Obligations are closely tied to human rights. Raz also mentions that rights correspond to obligations. In order for something to be considered a human right, there must be effective enforcement mechanisms and institutions in place. The possibility of enforcing rights is essential in determining their status as human rights (Sen, 2006).

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Human rights theorists have focused a lot of attention on the question of whether human rights are universal, and scholars such as James Griffin and Abdullahi An-Na'im have made major contributions to this discussion (LW2207, L.3, 2023).
Prominent human rights scholar James Griffin makes the case that human rights should apply to everyone. According to him, there is a "human life standard," which is made up of a number of fundamental desires that all people have, like the desire to live long lives, to be free from violence, and to be able to reach their full potential (Griffin, 2001). Based on this fundamental criterion of human life, Griffin claims that human rights are in fact universal.

On the other hand, academics such as Abdullahi An-Na'im take a more nuanced stance when discussing the issue of universal human rights. An-Na'im highlights how crucial it is to take religious and cultural diversity into consideration while talking about human rights. He contends that respectful of the unique beliefs and customs of all cultures and religions, communication is necessary to advance the global acceptance of human rights (An-Na'im, 1991). This method, known as "contextual universalism," acknowledges the existence of universal human rights but allows for context-specific variations in how they are interpreted and applied (LW2207, L.3, 2023).

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Different views on universalism (continued).

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Different views on universalism (continued).

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Thus, considering the opinions of these philosophers, James Griffin's viewpoint is in favor of the concept of universal human rights since it is predicated on a shared standard of human existence.
Abdullahi An-Na'im's method then recognizes the value of respecting various cultural and religious backgrounds and promotes a more dialogical and culturally sensitive understanding of human rights.
The contrast between two points of view continues to influence current discussions in the field of human rights, and both remain relevant in modern day society with many conflicts going on in the world at the moment. I believe if they took advice from wise scholars such as Griffin and An-Na'im, there could be a possible path of resolution of conflicts in the future.

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I found this assignment to be enjoyable as it is very unlike practically all my assignments previously (essays). I found the more I read into the idea of human rights and where they came from, the more answers I was receiving. Previous to this module I was completely unaware that there were various different beliefs to how human rights sources have progressed and originated. Beliefs such as Natural Law Tradition, a moral and ethical framework that is inherent in the nature of human beings. Philosophers such as John Locke and Thomas Hobbes contributed to the development of this idea. Other contributions such as Historical Development seeing milestones like the Magna Carta, the Enlightenment, and various social justice movements contribute to the development of human rights.

The other question being "What are Human Rights"? John Locke, in his elegant statement, "The state of nature has a law of nature to govern it," established the foundation for the idea of natural rights and the conviction that some liberties are fundamental to every human being (Locke, 1662).

Expanding upon this quote, James Griffin promotes the use of a "human life standard" to define human rights, stressing their connection to shared values. We are reminded by Griffin's statement that "human dignity and the recognition of common interests transcend borders" (Griffin, 2001), telling us that human rights are for everyone, everywhere.

Abdullahi An-Na'im offers an insightful perspective when he highlights the value of communication and cultural awareness in comprehending human rights. He points out that we must "acknowledge the diversity of human experiences and traditions as we navigate the complex terrain of human rights" (An-Na'im, 1991). An-Na'im backs up the point Griffin makes that human rights should spread across the globe, fir all to have.