Introduction

 Conceptual and theoretical understanding of human rights;

# Concept:
A right is a claim that we are justified in making. I have a right to the goods in
my shopping basket if I have paid for them. Citizens have a right to elect a
president, if the constitution of their country guarantees it, and a child has a right
to be taken to the zoo, if her parents have promised that they will take her. These
are all things that people can be entitled to expect, given the promises or
guarantees that have been undertaken by another party.
Human rights are super claims with a difference. They are not dependent on
promises or guarantees by another party. Someone's right to life is not dependent
on someone else promising not to kill him or her. Their right to life is dependent
on only one thing that they are human. They are rights we have simply because
we exist as human beings - they are not granted by any state.
Human rights are the basic rights and freedoms that belong to every person in the
world, from birth until death. They are rights inherent to all human beings,
regardless of race, sex, nationality, ethnicity, language, religion, or any other
status. Human rights include the right to life and liberty, freedom from slavery
and torture, freedom of opinion and expression, right to privacy, the right to work
and education, right to trial and many more.
--Human rights are the basic rights and freedoms that belong to every person in
the world, from birth until death. They apply regardless of where you are from,
what you believe or how you choose to live your life. They can never be taken
away, although they can sometimes be restricted – for example if a person breaks
the law, or in the interests of national security. These basic rights are based on
shared values like dignity, fairness, equality, respect and independence. These
values are defined and protected by law.
The Universal Declaration of Human Rights (UDHR), adopted by the UN
General Assembly in 1948, was the first legal document to set out the
fundamental human rights to be universally protected.
The UDHR and other documents lay out five kinds of human rights: economic,
social, cultural, civil, and political.
# Types of HR
Human Rights are the integrated, broad and covered a wide range of rights. On
the basis of Universal Declaration of Human Rights, 1948 there are following
classification-
 Civil rights & Political rights
Known as Fundamental rights, Guaranteed by Article (27-44) part (III) of
Bangladesh Constitution.
 Economic rights & Social and Cultural rights
Bangladesh constitution, part (II) Article (8-25) not guaranteed.
 Solidarity rights
that is
I) right to development
II) right to self-determination.
The total numbers of Human Rights are 27, from which 25 is described by the
Universal Declaration of Human Rights, 1948.
#Features of Human Rights
The evident characteristics of Human Rights make them different from other
rights. The unique features are as follows
1. Inherent: The most outstanding characteristics of Human Rights are that it
is inherent and natural. None acquires it by any special quality of
reputation. It is not the charity of any person or any social system. Every
man is by born entitled to these rights.
2. Not Exchangeable: Human Rights cannot be handed over, exchanged or
transferred. It is excessive to all. It could neither be given away, nor could
be stolen or taken away by snatching.
3. Universality: Universality stands out as the basic value of human rights.
Everyone is entitled to all the rights and freedoms set forth in this
Declaration.
4. Equality: Human Rights refer to equal enjoyment of opportunities and
resources to all. Justice, rule of law and indiscrimination are the philosophy
of Human Rights.
5. Feasibility: The important characteristics of Human Rights are its
feasibility or effectiveness. That is Human Rights should never be viewed
as a hypothetical or abstract concept. It is shaped by the social values,
norms, culture and institutions.
# Principles of HR
Human rights are inalienable.
This means that you cannot lose them, because they are linked to human
existence, they are inherent to all human beings. In particular circumstances
some may be suspended or restricted. For example, if someone is found guilty of
a crime, his or her liberty can be taken away or in times of national emergency, a
government may declare this publicly and then derogate from some rights, for
example in imposing a curfew restricting freedom of movement. The universality
of human rights is encompassed in the words of Article 1 of the Universal
Declaration of Human Rights: “All human beings are born free and equal in
dignity and rights.”
Human rights are indivisible, interdependent and interrelated.
Human rights are interdependent and interrelated. Interdependent because all
rights – political, civil, social, cultural and economic – are equal in importance
and none can be fully enjoyed without the others. The enjoyment of one right
depends on the enjoyment of many other rights and no one right is more
important than the rest.
Human rights are universal
Which means that they apply equally to all people everywhere in the world, and
with no time limit. Every individual is entitled to enjoy his or her human rights
without distinction of "race" or ethnic background, color, sex, sexual orientation,
disability, language, religion, political or other opinion, national or social origin,
birth or other status.
#Human Rights vs Fundamental Rights
Fundamental Rights
FR means primary rights of the citizens
which are justified and written in the
Constitution.
It includes basic rights only
Country specific
Protected by the Constitution
Implemented by the local judiciary
The govt. will be bounded
It is constitutionally guaranteed
They are given to build a civilized society.
Ex. Right to liberty and freedom
Right to freedom of movement
Right to freedom of thought
Right to freedom of expression
Right to freedom of religion
Right to due process of law
# Historical Perspective
Human Rights
HR are the basic rights that all human
beings can enjoy, no matter where they live,
what they do and how they behave
It includes basic and absolute rights
Universal
Protected by internationally
Promoted and applied by the United
Nations, International laws and other
specialized organization
The govt. will not be bounded
It is internationally guaranteed
They are given to build a democratic
society.
Ex. Right to equality
Right to freedom
Freedom from torture
Freedom from slavery
Freedom of speech
Right to fair trial