Author: Swastik suvam swain
Human rights did not evolved at once , they have evolved over centuries and decades as the world changed , ideas progressed and people started demanding greater freedom , equality and dignity. This slow and gradual development of is also known as ( generations of human rights) reflecting how new types of rights have evolved in response to different historical circumstances. The 1st generation is termed as civil and political rights , arose in 17th and 18th centuries in duration of revolutionary movements in America and France . These rights focused on personal individual liberty and protection against state interference, right to life , liberty, free speech , religion, and fair trial which formed the foundation of modern world democratic system.
industrialization brought new types of inequality in 9th and 20th centuries, the 2nd generation of rights took place as economic, social and cultural rights , which emphasised equality and social justice. These human rights to work , education, basic healthcare and a decent standard of living, to ensure that freedom has real meaning in people’s day to day lives. After the 2nd world war and continuous decolonisation among the globe , the 3rd generation of rights came in to light , recognising that nations and communities also deserves protection. These rights includes right to self determination, peace , development and a healthy environment. These principles are meant to promote global cooperation and mutual progress.
In the 21st century, as technology reshapes how people live and connect, scholars speak of a fourth generation of digital and technological rights. These focus on safeguarding privacy, personal data, and ethical use of artificial intelligence. Altogether, the generations of human rights show how humanity’s understanding of dignity and justice has expanded — from securing individual liberty to promoting equality, solidarity, and now, digital security in an increasingly interconnected world.2
First generation
The first generation of human rights, also called civil and political rights, marks the beginning of modern human rights thinking. These rights developed in the 17th and 18th centuries, during the Enlightenment and major revolutions in America (1776) and France (1789). Thinkers like John Locke, Rousseau, and Montesquieu argued that every person has natural rights simply by being human, and that a government’s legitimacy depends on its ability to protect those rights.
1 The author is LLM final year of KIIT school of law
2 Locke, John. Two Treatises of Government. 1689. Locke’s work laid the philosophical foundation for civil and political rights, emphasizing natural rights and the limitation of state power.
Rousseau, Jean-Jacques. The Social Contract. 1762. Rousseau argued that legitimate government authority derives from the consent of the governed and must protect individual liberty.
Montesquieu, Charles de. The Spirit of the Laws. 1748. Montesquieu introduced the idea of separation of powers to safeguard personal freedoms and prevent tyranny.
These are mainly “negative rights,” meaning they require the state to not interfere in people’s freedoms rather than to take action. Their main reason is to limit govt arbitrariness and to safeguard personal liberty. Rights such as life , liberty, security, freedom of speech , religion and right to fair trial are central issues . These ideas were first seen in Bill of rights (1689) , US bill of rights (1791) , and in the French declaration of rights of man and citizen (1789) . Later they were recognised globally through the UDHR (1948) and ICCPR (1966).
In legal point of view first generation rights can be enforced through courts , making them the foundation of rule of law and democracy. They saw the state as a necessary evil which is needed but must be restricted. It shall protect the individuals not control them . However critics like Marxists and post colonial scholars argued these particular rights focused too much on the political aspects rather than the economic and social inequalities. Despite such criticisms the 1 st generation rights remain the core concept and backbone of modern day human rights , which formed the base upon which later gens like social , collective and digital rights were built . In brief they redefined the relationship between the individual and the state , focusing personal dignity, autonomy and freedom from oppression .
Second generation
The 2nd generation of human rights like economic social and cultural rights came into existence in the 19th and 20th centuries as a reaction to harsh conditions of industrialisation and the growth of gap between the rich elites and poor. The 1st generation focused on liberty and limiting government interference while the 2nd generation emphasised on equality, social welfare and the states duty to act . These are considered to be the positive rights which means they required active Govt’s involvement to ensure people’s well being.
This includes the right to work and fair compensation, healthcare, education, social security, adequate housing and a basic standard of living . The concept is true freedom is not possible if people are chained to poverty and poor standard of living . These rights were recognised in key international documents such as the UDHR, ICCPR .
Philosophy wise this generation was influenced by socialist and welfare state ideas which argued that human dignity not just depends on political freedom but also social and economic equality. In essence 2nd generation rights aim to create a fairer society where everyone has the means to live a of life full of opportunity and dignity. 2
Third generation
2 Marx, Karl. Critique of the Gotha Program. 1875. Marx emphasized that true human freedom requires social and economic equality, influencing the philosophical foundations of second-generation rights.
- T.H. Marshall. Citizenship and Social Class. 1950. Marshall argued that full citizenship includes civil, political, and social rights, highlighting the importance of social welfare for individual dignity.
- Sen, Amartya. Development as Freedom. 1999. Sen underscored the link between social and economic rights and real freedom, showing that rights like education and healthcare are essential for human development.
The 3rd generation of human rights is often said to as collective rights which represented an expansion of human rights beyond individual groups , communities and even nations . These rights began to take shapes in mid 20th centuries, particularly after 2nd world war . The context of newly born independent states , inequality all over and need for collective cooperation gave rise to rights that are for well being and shared responsibility among nations.
Not like the first generation which only forced of the relationship between state and individual, the 3rd generation focused on all collective dimensions of human rights . They understood that certain rights can be realised through cooperative efforts at both national and international level . These are the rights of self determination, the right to development, right to peace , right to healthy environment and right to humanitarian assistance. Such rights reflects a basic understanding that humanity’s progress depends on global solidarity and equal resource distribution.
Philosophy wise these rights were rooted in the ideas of globalisation and interdependence. They understand that global challenges such as environmental degradation , poverty and conflict can’t be addressed by individual states acting alone . Instead they required coordinated action by international community. They prominent examples are the Rio declaration on environment and development and declaration on right to development.
The 3rd generation marks as a significant evolution in the concept of human rights . They move from individual entitlements to collective aspirations, focusing on the moral and political political duty of nations to work hand in hand for peace , justice and sustainable development. These rights emphasise on human dignity is inseparable from global cooperation and the preservation of a just world order .
Fourth generation
The newest phase of human rights evolution, known as the fourth generation, has been influenced by the development of artificial intelligence, the internet, and technology. Since digital tools have grown essential to modern life, new problems that impact people’s freedom, dignity, and privacy have surfaced. These rights are centred on safeguarding people online and making sure that technology is applied fairly and morally.
3 Adopted in the earth submit , this declaration has set of principles that recognize the right to development and the need for sustainable environmental practices .
This declaration focused on individuals to receive humanitarian assistance, particularly in scenarios of natural calamities and conflicts
These include the rights to information accessibility, web freedom , privacy and data protection , defence against cyber crime , online stalking and violation of personal information. According to the main fundamental of this age of human rights society has becomes increasingly digital . Together the 4 generations of human rights how idea of human rights and dignity has changed over time from individual to equality in society , well being of a social group and protection of a virtual digitaliazed information . By restricting the state power and ensuring civil , political freedom. From all the generations the 1 laid ground by guaranteeing the social , cultural and economic circumstances
required for respectable existence. The next generations expanded it . The 3rd generation focused on environment and countries , communities. The last generation ie 4th generation tackles the adversities of contemporary digital environment by safeguarding freedom, data and privacy online . These 4 generations all together collectively demonstrate a thorough awareness that human rights encompass not only liberty of individual but also equality, collaboration and fairness .artificial intelligence.
Conclusion
At last generations of human rights have changed over course of time , reflecting not only political and legal considerations but also the human awareness . By defending the individual and protecting citizens from the arbitrary state power , the 1st generation laid groundwork for everyone’s ability to ensure society as free entity . The 2nd generation expanded the vision by establishing true freedom also requires basic economic needs like education, healthcare and decent standard of living . The last generation concludes by addressing the difficulties of the digital age and focusing the need for rights to change in order to secure freedom , privacy and personal information in the society which is becoming more technologically forward . All together the 4 generations shows human rights as a dynamic idea that must change towards shifting social realities rather than static ideas . They ensure interdependence of freedom , equality and justice a strong requirement of legal framework and moral commitment that is shared by people , groups and countries. In the end story of human rights is the story of humanity itself an ungoing journey towards a world where every individual is safe free abd with opportunity to flourish where online or offline . 4
4 United Nations. Universal Declaration of Human Rights. 1948. Available at: https://www.un.org/en/aboutus/universal-declaration-of-human-rights
- United Nations. International Covenant on Civil and Political Rights. 1966. Available at: https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights
- United Nations. International Covenant on Economic, Social and Cultural Rights. 1966. Available at: https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social– andcultural-rights
