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LECTURE-3

[SQ-2019]
[SQ-2017]
[LQ-2015]
INTRODUCTION:
• Human rights reflect human aspirations and can also be described as values that affect and
direct individual and collective actions.
• They are the underlying principles on the basis of which states legislate and pass judgments.
• In terms of values, human rights have represented an ideal and a supreme goal, which,
(although may have never be fully achieved) have given meaning to life to societies throughout
the history of humanity.
• Such values are universal across cultures. Cultures and societies may differ in their overt
practices and for this reason these values take up varying forms. However, diversity cannot
affect inalienability of these values as being at the core of human rights.
• Human rights have been defined and understood with reference to the values that are named
as Four Fundamentals in Human Rights, i.e., Freedom, Equality Justice and Human
Dignity. These may be explained as follows:
1. Freedom
• Freedom is defined by Merriam Webster as the quality or state of being free, such as: the
absence of necessity, coercion, or constraint in choice or action. It can also be defined as
liberation from slavery or from the power of another.
• Moreover, freedom can be called a state of mind where one has the right and freedom of
doing what one can think off. One can feel freedom from within.
• There are three types of freedom. The first kind of freedom is “freedom from,” a freedom
from the constraints of society. Second, is “freedom to,” a freedom to do what one wants to
do. Thirdly, there is “freedom to be,” a freedom to be who one wishes to be.
• Freedom is both a principle and a value.
• The concept of human rights cannot be complete without considering basic freedoms as basis
of them. It is a value to be attained and made real for a peaceful world.
• The fundamental freedoms significant here are freedom of opinion, conscience, association
and movement etc.
• These freedoms are also defined in legal terms, such as the right of assembly, the right to
freedom of movement and public freedoms. These mean fundamental freedoms that are
protected by the state/government.
• Since the fundamental freedoms which are the practical expression of this principle are not
enjoyed by all human beings, it may be concluded that basic human freedom is yet to be
achieved and it is the main ideal towards which the global society must work in order to
have a humane environment.
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2. Equality

[LQ-2021]
• One important underlying value of human rights is equality. It is a value, an ideal for
individuals and communities who live and face different forms of inequalities such as,
economic, social and cultural, for example, inequalities concerning unemployment, sweat-
shops and child labour.
• Social inequalities are also grounded in cases where privileges are enjoyed by some at the
expense of others, for example, inequality of educational opportunity and discrimination
against women.
• It has been witnessed throughout the human history that the aspect of human rights which
was most fought for was the aspect of equality, for example women’s rights and civil rights
movement in America etc.
• Equality forbids any form of discrimination on the grounds of race, sex, religion,
nationality, age or language.
• Equality stands for 3 Basic Features:
(a) Absence of special privileges in society. (b) Presence of adequate and equal
opportunities for development for all. (c) Equal satisfaction of basic needs of all.
• There are different types of equality such as political, social, legal, natural, and economic
equality.
• In order to maintain a humane and democratic society, freedom and equality are both
fundamental prerequisites. Violation of such values and principles, results in dictatorship,
abuse of power by some human beings over other human beings.
• Equality is a principle that maintains balance of power among and between different
communities in a society/state.
• The rights of minorities and anti-slavery laws stem out of this principle.
• As a universal value, equality is concerned with the freedoms and rights of each individual,
that is to say, other people are different but are equals, and one must respect others
freedom as much as one’s own freedom. One’s ability to decide, to choose values and to
participate in the making of laws –that is, one’s independence depends on the recognition of
other people.
3. Justice
• Justice means giving each person what he or she deserves or, in more traditional terms,
giving each person his or her due. Justice and fairness are closely related terms that are often
today used interchangeably.
• justice can be defined as acting according to the ideal of fair-doing recognized in a
particular society, and treating a person or their doings in accordance to this ideal and
state laws.
• Justice has four major dimensions: Social Justice, Economic Justice, Political Justice and
Legal Justice. All these forms are totally inter-related and interdependent. Justice is real only
when it exists in all these four dimensions.
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i. Social Justice:
• Social justice is fairness as it manifests in society. That includes fairness in healthcare,
employment, housing, and more.
• In a socially-just society, human rights are respected and discrimination is not allowed to
flourish.
ii. Economic Justice: Economic justice is the idea that the economy will be more
successful if it is fairer, and that prosperity and justice go hand-in-hand rather than
in opposition to one another. The goal is to create opportunities for all to thrive.
• It also relates to the study of how the global economic system both drives inequality
that undermines human rights and enables private actors to harm communities, workers,
and the environment.
iii. Political Justice: Political justice means giving equal political rights and opportunities
to all citizens to take part in the administration of the country. Citizens should have
the right to vote without any discrimination on the basis of religion, color, caste, creed,
sex, birth or status.
iv. Legal Justice: Having equal rights, human beings are all accountable for their actions
including the action of denying others their freedom and rights.
• However, one can be responsible for one’s actions in a just way only when judgments are
given in the framework of democratically established laws, courts and commonly
agreed value system.
• Enormous emphasis is placed on access to justice as a fundamental right and the right of
opposing groups/parties to be heard prior to judgment.
• Conflicts must be resolved by means of peaceful negotiation and dialogue strengthened
by the principle of justice. This makes a humane society a possibility: a combination of
individual and collective character along with the laws that govern social, political, and
cultural relationship based on the principle of justice.
4. Human Dignity

[SQ-2015]

• Human dignity is the recognition that human beings possess a special value intrinsic to
their humanity and as such are worthy of respect simply because they are human beings.
• Each individual, regardless of family, social or cultural background, must be recognized
as a representative of human kind.
• Human dignity must be respected and acknowledged in action and practice.
• Human dignity includes all the social and collective aspects of individuals and their
legitimate place in the natural environment.
• Respect for other people, the conscience to make one’s own action congenial with the whole
range of human rights making social relationships just and civil. Moreover, civic responsibility
having a legal and ethical basis needs to be established. This facilitates a peaceful and just
individual and collective existence.