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Human Rights - Odt - 0.odt
Human Rights - Odt - 0.odt
Introduction:
Human rights are as old as human civilization; but their use and
relevance have been well defined during the recent years. It has
gathered more importance in the post-second-world war period,
particularly after the United Nation’s Declaration of Human Rights
(UNDHR) in 1948.
Meaning:
There is no precise definition of Human Rights. The Oxford Power
Dictionary (1993) defines human rights as the ‘basic freedom that all
people should have’. The human rights ‘basically emerge out of
human needs and capabilities. In a simple language, human rights are
meant for human beings to satisfy their basic needs.
In a broader sense, the human rights are “those rights to which every
man and woman inhabiting any part of the world should be deemed
entitled by virtue of having been born a human being” (Kashyap). In
other words, human rights are those rights which are essential for a
dignified and a decent human living as well as human existence and
adequate development of human personality.
Human rights are held by all human beings and human rights exist as
long as human beings exist. Both are inalienable and cannot be
separated. Precisely, human rights imply availability of “Such
conditions which are essential for the fullest development and
realization of the innate characteristics which nature has bestowed
him/her with, as a human being”. They are essential to ensure the
dignity of every person as a human being’.
Man is gregarious and he loves staying together. Every human being,
as a social being, lives in a group in the society. As an individual, he
has a right to life and right to a decent living. As a social being, and an
inseparable part of the society/community, he too has other rights,
like: right to freedom of speech, expression, thought, belief and faith
and right to move freely. Thus, human rights are essential for the
development of the human personality in society, where he lives.
Types of Human Rights:
(a) Rights which are essential for the dignified and decent human
existence, and
(b) Rights which are essential for adequate development of human
personality.
Rights under the first category include right to fulfillment of basic
human needs like food, shelter, clothing, health and sanitation,
earning one’s live-hood and the like.
The second category of human rights comprises of right to freedom of
speech and expression, cultural and educational rights.
Characteristics of Human Rights:
Human rights possess the following characteristics:
1. Inalienability:
Both human beings and human rights are inalienable and inseparable.
One can not stay without the other.
2. Comprehensiveness:
Human rights are comprehensive. They include socio-economic, civil,
political and cultural rights which are relevant for a decent human
living.
3. Universality:
Human rights are universally applicable to one and all. These are
meant for all individuals of all nations, without there being any
discrimination on grounds of caste, class, colour, sex, creed, language
and religion.
4. Justice ability:
These rights are also justiciable.
5. Non-absoluteness:
These rights are not absolute and there can be restriction imposed on
these.
Art. 55 of the united Nations Charter (1945) provides that the world
body ‘shall promote universal respect for and observance of human
rights and fundamental freedom for all’. In pursuance of the UN’S
Charter, which provided for setting up of a Commission for promotion
of human rights, a Commission, headed by Mrs. Eleanor Roosvelt was
constituted in 1946.
The Commission worked hard and finally presented before the U.N’s
General Assembly the draft declaration of human rights in September,
1948. After several modifications in the draft, the Universal
Declaration of Human Rights (UDHR) was finally adopted unanimously
on 10 December, 1948 by 48 member-states (with the abstention of
eight states including the then Soviet block nations. South Africa and
Saudi Arabia).
Thus 10th day of December every year is being ceremoniously
observed as the Universal Declaration of Human Rights Day, all over
the world. The Universal Declaration of Human Rights which has been
described as the ‘Magnacarta of mankind’, runs into 30 Articles and it
ensures every citizen of the world “social security and a decent
standard of living”.
In totality, the Declaration represents various cultural,
traditional and religious values which are stated below:
(1) Respect for human rights and dignity, tolerance, importance of the
criteria applicable to individual and group relations in social life.
(2) Observance and safeguarding of these criteria including
contractual obligations and so on. (Final Report of the Round Table
Meeting on Human Rights-reproduced in the UNESCO-Teaching of
Human Rights-Vol. IV, 1985, P-76)
Thus, U.N’s Declaration of Human Rights has ensured human rights
and fundamental freedom for all without distinction of race, colour,
religion and sex. ‘
The UNDHR is based on the following four promises:
1. Individual is the bearer of rights
2. The State acts as the promoter and protector of rights
3. The rights include civil, political, economic, social and cultural
aspects of all human beings
4. The rights are universal.
In 1966, the U.N adopted two other instruments as supplements to the
U.N’s Human Rights Declaration of 1948. One is known as the
‘International Covenant on Economic, Social and Cultural Rights
(ICESCR)’ and the other one is known as the ‘International Covenant
on Civil and Political Rights (ICCPR)’. More than two-third member-
states of the UN have already ratified these two covenants.
There is also a third one the Optional Protocol to the International
Covenants on Civil and Political Rights on the basis of which an
aggrieved person is entitled to enjoy the right to appeal. Thus, the
UNDHR (i) accompanied by two other covenants and the protocol as
described is the International Bill of Rights.
The highlights of the objectives of the UNDHR have been
stated in the opening line of the Declaration which reads as
follows:
‘Recognition of the equal and inalienable rights of all members of the
human family is the foundation of freedom, justice and peace all over
the world”. In brief, every individual has been ensured of “a dignified
living free from brutality”.
A few other documents have also supplemented the UNDHR
and those are:
(1) International convention on prevention of Punishment on crimes of
Genocide (1948),
(2) Supplementary convention on abolition of slavery, Slave trade,
institutes and practices (1956),
(3) Convention on Political Rights for women (1952),
(4) UNESCO convention against discrimination in Education,
(5) International convention on elimination of the forms of
Discrimination (1965) and
(6) Convention on suppression and punishment of Crimes of the
apartheid (1973).
Two Broad Categories of Human Rights Existing Under UNDHR:
The Universal Declaration of Human Rights has guaranteed two broad
categories of rights — such as: (1) Civil and Political Rights (2) Socio-
economic and Cultural Rights.
The details are given below:
1. Civil and Political Rights include the following:
(i) Right to life, liberty and security of persons
(ii) Right to freedom from slavery and servitude
(iii) Right to freedom from inhuman torture or punishment
(iv) Right, without decimation, to Equality of Persons before law, equal
protection of law, right to judicial remedies, and right to freedom from
arbitrary arrest, detention or exile.
(v) Right to fair trial
(vi) Right to freedom of thought, expression, belief, faith, conscience
and religion
(vii) Right to freedom of speech and expression and peaceful assembly
(viii) Right to take in Government affairs, and equal access to Public
Service, right to vote
(ix) Right to freedom of movement and right of asylum
(x) Right to Nationality
2. Socio-economic and Cultural Rights cover the following:
(i) Right to work, equal pay for equal work and right to form trade
unions.
(ii) Right to social security during old age, sickness, widowhood and
unemployment.
(iii) Right to marry and have family and right to property.
(iv) Right to preserve and propagate one’s culture.
(v) Right to food, health and adequate standard of living.
(vi) Right to rest and leisure.
(vii) Right to participate in cultural life.
The Vienna Conference of 1993:
An International Conference on Human Rights was held in Vienna in
June, 1993 to deal with new emerging issue like, (a) Universality of
human rights and (b) Application of non-selective standard.
An extract from the document agreed upon in the Vienna
Conference is given below for reference:
“All human beings are universal, indivisible, interdependent and