Human Rights And Sociology
Human rights are the basic rights that are available to every individual around
the globe that initiates from the time one takes birth and lasts till death.
Human rights basically include dignity, fairness, equality, respect and so on.
According to Merriam-Webster, human rights are the rights that are available to
all individuals fundamentally. These rights are conferred upon an individual
from the time he/she enters this world.
Ensuring human rights to every human is the key aspect of a society and to
safeguard this around the globe various measures have been adopted, one such
measure is the Universal Deceleration of Human Rights (UDHR), 1948. After the
establishment of UDHR in 1948 more than 50 international institutions concerning
human rights, protection was or have been adopted. Even the Constitution of
India affirms the provision for human rights and provides measures to safeguard
Sociology is a very familiar term as it was first coined by a writer or a jurist
called Comte, he described sociology as a positive concept of social life.
Sociology or its various schools determines the law as a social phenomenon and
analyse the law in relation to society.
Sociology is been explained in various ways by various jurists in their ways,
like Spencer, a famous sociological jurist explained it using Darwin's theory of
evolution in society. Inhering, Ehrlich, Leon Duguid and Roscoe Pound are a few
famous sociological schools' expounders.
According to sociology and its schools, the law is considered a social
institution that may be advanced or improved by appropriate efforts. Most
importantly, the main purpose or objective of sociology is to ensure that the
work of the law is to serve and fulfil the requirements of society.
Human Rights and Sociology
One of the basic issues concerning human rights is that the people do not frame
their issues and grievances according to the language of the rights enshrined.
There is a similar instance where, whenever Canadians believe that there is
something wrong and what restitution they recite to the institution's democracy,
Christian values, British justice and socialism.
According to sociologists' point of view, human rights is protection or an
entitlement that is initiated by the community itself that inculcates:
non-governmental organisations (NGOs), social movement organisations (SMOs),
intergovernmental organisations, etc. The method of demarcating Asians in the
school from the non-Asian was deplored by Andrew. It was stated that such
demarcation is not only a violation of fundamental doctrines of the British
justice system rather of the Christian principles also.
The sociological approach towards human rights is that these rights have been
evolved or developed through society and the state itself, not by mere
principles. A clear demarcation is there between human rights and laws, on the
first part it is codified law while on the other hand, it symbolises competing
moral claims, and hence human rights cover within its ambit both sociological as
well as legal aspects.
Griffin stated that human rights should be understood from the perspective of
social life. The scope of human rights shall be augmented and it shall be looked
beyond the ambit of universalism and shall accept the fact that each society has
its rights that are established socially. The insertion of universalism in human
rights confuses the way in which it is utilized as a well-defined social
The legal aspect that is imposed or put forward concerning human rights is that
human rights have been derived fem a pre-social individual that has the right by
virtue of humanity. Different theories have defined human rights in their own
way, if we look at human rights from the perspective of a sociological approach,
it defines human rights as anything that is linked or connected to the scope of
the state and the society that assure enjoyment or realisation of these rights.
Human rights are a specific category of social practice. Sociology plays an
important role in determining what is a human right n its real sense, and it
also aids in determining how and why human rights across the globe have emerged
as a strong social force. More ever, it helps in determining how human rights
are utilized, how society redresses the competing rights and also helps in
determining the actual reason behind the emergence of human rights in historical
The founder and expounders of the sociological approach namely Emile Durkheim,
Karl Marx and Max Weber believed that rights are nothing except a philosophical
notion. Sociologists recognized the influence of human rights in society a nit
later. Several attempts have been made to understand the popularisation of human
rights through so ictal requirements that comprise democracy and capitalism.
It was mentioned that human rights have emerged through mutual understanding and
shared belief in the society that forces state authority to enact a specific law
in this regard. Hence, each and every society has its own different culture of
rights. Though human rights are universally applicable, they do not share a
universal common understanding. It is the organisations, institutions, history
and state practices that shape the rights culture in a society.
The sociologist aspect of human rights includes the examination of social
origins and their impacts on human rights standards, practices, doctrines,
producers and institutions. The concept of sociology of human rights has
recently emerged after the industrial revolution in the 19th century. The
classical jurists namely Karl Marx, Max Weber and Emile Durkheim casts a cynical
light on the concept of Human rights while the current sociological jurists have
contributed to the advancement and recognition of the notion of human rights.
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