JAGANNATH UNIVERSITY

DHAKA

DEPARTMENT OF LAW

Course Title: Human Rights Law.

Assignment on: “How do human rights benefit the society?

Course Code: LAW-3204

Submitted To: Khair Mahmud

Assistant Professor, Department of Law.
Jagannath University, Dhaka

Submitted By: Shanto Deb Roy

B-170501033
Session: 2017-18

Date of Submission: 30 August 2021

Starting with the preamble of the Universal Declaration of Human Rights adopted on december
1948 emphasises that ‘ Recognition of the inherent dignity and of the equal and inalienable rights
of all members of the human family is the foundation of freedom, justice and peace in the
world’1.

Human rights are the tools we use to fight for the basic rights and freedoms that should be
protected in relation to every person in the world, from birth until death, no matter our race,
gender, religion, abilities, political belief, sexuality, age or any other characteristic. Human
Rights is one of the most fundamental rights individuals should have in society.2 As individuals,
it’s our natural right to have the right to life. No one should be executed or discriminated because
they do not fit in certain characteristics that those that are superior have outlined as fit for
society.3 Protecting our human rights ensures that we are treated fairly and equally.

Ahmadou Sadio Diallo case ICJ held that “Human rights are only enforceable when they are
protected in law. A Human Rights Act is the tool we can use to ensure people treat others as they
wish to be treated, or face meaningful consequences. When human rights are expressed and
guaranteed by law, those laws help to ensure that we are all treated fairly, and with dignity,
equality and respect.” 4
when we're not treated fairly we can complain, make the unfair treatment stop and feel confident
that there will be a consequence when our human rights are denied or ignored.

If we had a Human Rights Act, parliament would be required to consider how laws impact on
human rights and our politicians would need to respect human rights when developing policy.5
Bangladesh government also implemented human right in the constitution as a fundamental
rights in our constitution.

1
UN General Assembly, Universal Declaration of Human Rights, 10 December 1948, 217 A (III)
2
Keller, J. (1994). Charting Global Responsibilities: Legal Philosophy and Human Rights. Ohio: University Press
of America.
3
Donnelly, J. (2003). Universal Human Rights in Theory & Practice. London: Cornell University Press.
4
Case Concerning Ahmadou Sadio Diallo (Republic of Guinea vs Democratic Republic of the Congo)
case 103.judgement, judgement, at para 9-15.
5
'Impact of the Human Rights Act' (Lawteacher.net, August 2021)
<https://www.lawteacher.net/free-law-essays/administrative-law/impact-of-the-human-rights-act-administr
ative-law-essay.php?vref=1>
Human rights in the constitution of Bangladesh:

18 fundamental rights have been enumerated in the Constitution commencing from Article 27 to
44. All of those rights are civil and political rights. These 18 fundamental rights may be firstly
divided into two groups.

1. Rights granted to all persons- citizens and no citizens alike. These are six rights
enumerated in Articles 32, 33, 34, 35, 41 and 44 of the Constitution.
2. Rights granted to citizens of Bangladesh only. These are 12, rights enumerated in Articles
27, 28, 29, 30, 31, 36, 37, 38, 39, 40, 42 and 436.

Fundamental Principles Relating to Social Ideal

1. Raising of the level of nutrition and the improvement of public health (Art. 18).
2. Prevention of consumption, except for medical purposes or for such other
purposes as may be prescribed by law, of alcoholic and other intoxicating drinks
and of drugs which are injurious to health.
3. Prevention of prostitution and gambling.
4. Free and compulsory education for all children (Art. 17).
5. Removing illiteracy.
6. Emancipation of peasants and workers from all forms of exploitation (Art. 14).
7. To ensure equality of opportunity to all citizens (Art. 19)7.

Tunkin wrote that the content of the principle of respect for human rights may be expressed in
the three propositions:
(1) All states have a duty to respect the fundamental rights and freedom of all persons within
their territories (2) states have a duty not to permit discrimination by reason of sex,race,

6
Constitution of the People's Republic of Bangladesh [Bangladesh], 4 November 1972
7
ibid.
 religion or language, and (3) states have a duty to promote universal respect for human
rights and to co-operate with each other to achieve this objectives.8

Interest and awareness of human rights has grown in recent decades. In 1948, the United Nations
released the Universal Declaration of Human Rights, which has become the most important
document of what should be considered the standard for basic equality and human dignity. Why
do human rights matter? there are ten specific reasons9. These are:
1: Human rights ensure people have basic needs met

Everyone needs access to medicine, food and water, clothes, and shelter. By including these in a
person’s basic human rights, everyone has a baseline level of dignity. Unfortunately, there are
still millions of people out there who don’t have these necessities, but saying it’s a matter of
human rights allows activists and others to work towards getting those for everyone.

2: Human rights protect vulnerable groups from abuse

The Declaration of Human Rights was created largely because of the Holocaust and the horrors
of World War II. During that time in history, the most vulnerable in society were targeted along
with the Jewish population, including those with disabilities. Organizations concerned with
human rights focus on members of society most vulnerable to abuse from powerholders, instead
of ignoring them.10

3: Human rights allow people to stand up to societal corruption

The concept of human rights allows people to speak up when they experience abuse and
corruption. This is why specific rights like the right to assemble are so crucial because no society
is perfect. The concept of human rights empowers people and tells them that they deserve dignity
from society, whether it’s the government or their work environment. When they don’t receive it,
they can stand up.

8
G. Turkin, Theory of international Law, London, 1974 P.83
9
D.Driscoll, ‘The Development of the Human Rights in International Law’ in laquer and Rubin, Human
Rights Reader, p41-43
10
New Tactics in Human Rights: http://www.newtactics.org/
4: Human rights encourage freedom of speech and expression

While similar to what you just read above, being able to speak freely without fear of brutal
reprisal is more expansive. It encompasses ideas and forms of expression that not everybody will
like or agree with, but no one should ever feel like they are going to be in danger from their
government because of what they think. It goes both ways and protects people who want to
debate or argue with certain ideas expressed in their society.

5: Human rights give people the freedom to practice their religion (or not practice any)

Religious violence and oppression occur over and over again all across history, from the
Crusades to the Holocaust to modern terrorism in the name of religion. Human rights
acknowledges the importance of a person’s religion and spiritual beliefs, and lets them practice
in peace. The freedom to not hold to a religion is also a human right.

6: Human rights allows people to love who they choose

The importance of freedom to love cannot be understated. Being able to choose what one’s
romantic life looks like is an essential human right. The consequences of not protecting this right
are clear when you look at countries where people are oppressed and abused, or where women
are forced into marriages they don’t want.

7: Human rights encourage equal work opportunities

The right to work and make a living allows people to flourish in their society. Without
acknowledging that the work environment can be biased or downright oppressive, people find
themselves enduring abuse or insufficient opportunities. The concept of human rights provides a
guide for how workers should be treated and encourages equality.

8: Human rights give people access to education

Education is important for so many reasons and is crucial for societies where poverty is common.
Organizations and governments concerned with human rights provide access to schooling,
supplies, and more in order to halt the cycle of poverty. Seeing education as a right means
everyone can get access, not just the elite.

9: Human rights protect the environment

We live in the world, we need the land, so it makes sense that what happens to the environment
impacts humanity. The right to clean air, clean soil, and clean water are all as important as the
other rights included in this list.

10: Human rights provide a universal standard that holds governments accountable

When the UDHR was released, it had a two-fold purpose: provide a guideline for the future and
force the world to acknowledge that during WWII, human rights had been violated on a massive
scale. With a standard for what is a human right, governments can be held accountable for their
actions. There’s power in naming an injustice and pointing to a precedent, which makes the
UDHR and other human right documents so important.

In the span in history, humankind remembers many crises, when one’s basic liberties have been
suffering from repression by power, greed, and cruelty. Dividing humans into classes marks our
history.
There are many examples of people being limited in their liberties, only because they somehow
appear different from others. Slavery, genocide, deprivation of major privileges by religion and
ethnic origin or gender are typical examples of classification of people11.
After World War II, the world saw how barbarous and cold-blooded people can be. The extreme
numbers of the victims, the overall shock, and the huge losses drove The United Nations to adopt
the Universal Declaration of Human Rights in 194812. This is the most important step ever taken
to maintain a normal living and constitute the natural freedoms of people.
It is crucial for every person to recognize his rights so he can oppose injustice. No matter what
are our beliefs, how we look, where we come from we are the same as everyone else because

11
William Korey, NGOs and the Universal Declaration of Human Rights: A Curious Grapevine, pp. 7-8.
12
Peoples Movement for Human Rights Learning: http://www.pdhre.org/
everyone is a person. we need to know our freedoms to be an integral part of any society. To
fight when another person, institution or regime is trying to steal away what is naturally ours.

These significant liberties defend four main aspects of our lives. They assure our normal living
as free people and affect the quality of our lives. Ignorance of this basic knowledge can indirectly
cause harm to your living status13.
Personal life
Giving us control over our personal space and free choice. They are protecting us from an
unrighteous pressure of the state over our lives. Such freedoms are the chance of individual
survival and having property.
Social life
Allowing us to speak our minds freely, express our thoughts and opinion regarding political
issues. Some of these liberties are free speech, right of defense in court and protest.
Work
You will be protected from exploitation or different types of violence at your workspace. It also
refers to the right of labor under safe conditions.
Life quality
Every person deserves to live a quality life and to have access to education, healthcare, and
cultural activities.

List of human rights which we may receive under International Law141516:

Group Rights:
1. Right to self-determination (Art. 1 of ICCPR)
2. Permanent sovereignty over natural resources
3. Right to enjoy one’s culture
4. Right to practice one’s religion
5. Right to speak one’s language

13
James W. Nickel, Making Sense of Human Rights, Malden, MA: Blackwell Pub., 2007.
14
UN General Assembly, Universal Declaration of Human Rights(UDHR), 10 December 1948, 217 A (III)
15
UN General Assembly, International Covenant on Civil and Political Rights(ICCPR), 16 December 1966, United
Nations, Treaty Series, vol. 999, p. 171
16
UN General Assembly, International Covenant on Economic, Social and Cultural Rights(ICESCR), 16 December
1966, United Nations, Treaty Series, vol. 993, p. 3
Civil and Political Rights (CPR)
1. Right to life (Art. 6 of ICCPR & Art. 3 of UDHR)
2. Freedom from torture ( Art.7 of ICCPR & Art. 5 of UDHR)
3. Freedom from slavery ( Art. 8 of ICCPR & Art. 4 of UDHR)
4. Freedom from arbitrary arrest/detention ( Art. 9 of ICCPR & Art. 9 of UDHR)
5. Right to humane treatment in detention ( Art. 7 of ICCPR & Art. 5 of UDHR)
6. Freedom of movement and residence ( Art. 12 of ICCPR & Art. 13 of UDHR)
7. Prohibition of expulsion of aliens ( Art. 13 of ICCPR)
8. Freedom of thought, conscience, and religious belief ( Art. 18 of ICCPR & Art. 18 of UDHR)
9. Freedom of expression ( Art. 19 of ICCPR & Art. 19 of UDHR)
10. Right to privacy ( Art. 17 of ICCPR & Art. 12 of UDHR)
11. Fair trial (sub-divided into 16 enumerated rights) ( Art. 14 of ICCPR & Art. 10 of UDHR)
12. Equality before the law ( Art. 14 of ICCPR & Art. 10 of UDHR)
13. Freedom of assembly ( Art. 21 of ICCPR & Art. 20 of UDHR)
14. Freedom of association ( Art. 22 of ICCPR & Art. 20 of UDHR)
15. Right to marry and found a family ( Art. 23 of ICCPR & Art. 16 of UDHR)
16. Rights of children ( Art.23 of ICCPR & Art. 25 of UDHR)
17. Right to practice a religion ( Art. 27 of ICCPR & Art. 18 of UDHR)
18. Prohibition of war propaganda and hate speech constituting incitement ( Art. 20 of ICCPR)
19. Right to hold office ( Art. 34 of ICCPR)
20. Right to vote in free elections ( Art. 25 of ICCPR & Art. 21 of UDHR)
21. Right to be elected to office ( Art. 34 of ICCPR)
22. Equal access to public service ( Art. 25 of ICCPR & Art. 21 of UDHR)

Economic, Social, and Cultural Rights (ESCR)

1. Right to gain a living by work freely chosen and accepted (Art 6 of ICESCR & Art 23 of
UDHR)
2. Right to just and favorable work conditions (Art 7 of ICESCR & Art 23 of UDHR)

3. Right to form and join trade unions (Art 8 of ICESCR)

4. Right to strike (Art 8 of ICESCR)
5. Social security (Art 9 of ICESCR & Art 22 of UDHR)
6. Assistance to the family, mothers, and children (Art 10 of ICESCR & Art 23 of UDHR)
7. Adequate standard of living (including food, clothing, and housing) (Art 11 of ICESCR & Art
25 of UDHR)
8. Right to the highest attainable standard of physical and mental health (Art 12 of ICESCR)
9. Right to education towards the full development of human personality (Art 13 of ICESCR &
Art 26 of UDHR)
10. Free and compulsory primary education (Art 13 of ICESCR)
11. Participation in cultural life (Art 15 of ICESCR & Art 27 of UDHR)
12. Protection of moral and material rights of creators and transmitters of culture (Art 15 of
ICESCR & Art 27 of UDHR)
13. Right to enjoy the benefits of scientific progress(Art 15 of ICESCR & Art 27 of UDHR)

To conclude, human rights are an important means of protection for us all, especially those who
may face abuse, neglect and isolation. Most importantly, these rights give us power and enable us
to speak up and to challenge poor treatment from a public authority.