Human Rights

The Concept and its Meaning

 Meaning of Human Rights Human Beings are
rational beings. They by virtue of their being human
possess certain basic and inalienable rights which are
commonly known as human rights.
definition: all those rights which are essential for
the protection and maintenance of dignity of
individuals and create conditions in which every
human being can develop his personality to the fullest
extent may be termed as human rights. Human rights
become operative with the birth of an individual.
Human rights, being the birth right, are inherent in all
the individuals irrespective of their caste, religion, sex
and nationality. Because of their immense significance to
human beings ; human rights are also sometimes
referred to as fundamental rights, basic rights,
inherent rights, natural rights and birth rights.
 The World conference On Human
Rights held in 1993 in Vienna
stated in the Declaration that all
human rights derive from the
dignity and worth inherent in the
human person , and that the
human person is the central subject
of human rights and fundamental
rights.
 NTRODUCTION Even though the origin of human
rights is ancient, the international concern with human
rights may be said to be of comparatively recent origin.
The UN Charter marks the advent of systematic human
rights protection within the International system. The
idea of human rights is as old as humanity, its
systematic proclamation and declaration are more
recent. The worlds first bill of human rights was
discovered on a clay tablet dating back from the reign of
Cyrus the Great (555- 529 BC) The documents which
form the historical foundation of modern human rights
jurisprudence are the English Bill of Rights (1689), the
American Declaration of Independence (1776) and the
French Declaration of Rights of Man (1789).The legal
process in the universality of human rights effectively
commenced with the Universal Declaration of Human
Rights 1948 (UDHR).
Cyrus Cylinder
backed clay
 2nd sentence of the Am. Declaration
of Independence
We hold these truths to be self-
evident, that all men are created
equal, that they are endowed by
their Creator with certain unalienable
Rights, that among these are Life,
Liberty and the pursuit of Happiness.
 MODERN HUMAN RIGHTS Human rights
is one of such rights which has been conferred
to individuals by the states in the modern
International Law. The modern perspective
to human rights is reflected in the Vienna
Declaration adopted by the World conference
on Human rights in June 1993. The declaration
categorically states that all human rights are
universal, indivisible and interdependent
and inter-related and that democracy,
development and respect for human rights
and fundamental freedoms are
interdependent and mutually reinforcing.
The conference reaffirmed the right to
development as a universal inalienable right
and an integral part of the fundamental
human rights. The legal process in the
universality of human rights effectively
 Through a long process of evolution , modern human
rights jurisprudence has crystallized into three basic
principles: 1. The principle of universal inherence:
Every human being has certain rights, capable of being
enumerated and defined which are not conferred on
him by any ruler, nor earned or acquired by purchase,
but which inhere in him by virtue of his humanity alone.
2. The principle of inalienability: no human being can
be deprived of any of those rights by the acts of any
ruler or even by his own act or in a democracy even by
the will of the majority of the sovereign people. 3. The
rule of Law : Where rights conflict with each other, the
conflicts must be resolved by the consistent,
independent and impartial application of just laws in
accordance with just procedures.
 An individual can seek human rights only in an
organized community, i.e. a state , or in other words
where the civil social order exists. Thus the principle
of protection of human rights is derived from the
concept of man as a person and his relationship with
an organized society which cannot be separated
from universal human nature. Human rights being
essential for all- round development of the
personality of the individuals in the society be
necessarily protected and be made available to all
the individuals. They must be preserved, cherished
and defended if peace and prosperity are to be
achieved . Human rights are the very essence of a
meaningful life and to maintain human dignity is the
ultimate purpose of the government.
 KINDS OF HUMAN RIGHTS There are two kinds of
human rights : 1. civil and political rights. 2.
economic social and cultural rights 1. Civil and
political rights: Civil rights and liberties are referred
to those rights which are related to the protection
of the right to life and personal liberty . They are
essential for a person so that he may live a
dignified life. such rights include right to life, liberty
, right to privacy, freedom from torture and right to
own property. These rights also known as (freedom
from). Whereas political rights may be referred to
those rights which allow a person to participate in
the government of a state. For e.g. right to vote,
right to be elected and right to take part in conduct
of public affairs.
 The nature of both civil and political rights may be different but
they are inter-related and therefore it does not appear logical to
differentiate them. This reason led to the formulation of one
covenant covering both civil and political rights into one covenant
i.e. International Covenant on civil and political rights. 2.
Economic, social and cultural rights: Economic, social and cultural
rights are based fundamentally on the concept of social
equality( also called freedom to) are related to the guarantee of
minimum necessities of the life to human beings . In the absence
of these rights the existence of human beings is like to be
endangered. Right to adequate food, clothing, housing and
adequate standard of living and freedom from hunger, right to
work , right to social security, right to physical and mental health
and right to education are included in this category of rights.
These rights sometimes called positive rights require active
intervention, not abstentions on the part of the states. The
enjoyment of these rights requires a major commitment of
resources and therefore their realization cannot be immediate as
in the case of civil and political rights.
 Although the United Nations has recognized the
above two sets of rights in two separate Covenants
i.e. International covenant on civil and political
rights ( ICCPR) and International covenant on
economic social and cultural rights ( ICESCR) there
is a close relationship between them. It has been
rightly realized especially by the developing
countries that civil and political rights can have no
meaning unless they are accompanied by social,
economic and cultural rights. Thus both categories
of rights are equally important and where civil and
political rights do not exist, there cannot be full
realization of economic, social and cultural rights
and vice versa.
 International Human Rights Law International human
rights law has been developing extensively since the
creation of the United Nations. The most fundamental point
about human rights law is that it establishes a set of rules
for all the people of all the states. Human rights is
international in the sense of it being universal, applying to
all the individual. However, international human rights law
refers mainly to the obligations of states to individuals
within their jurisdiction. When states fail to assure
realization of human rights to the individuals within their
jurisdiction international obligation arises. Thus, obligations
to provide human rights individuals is mainly intra-national
and in some cases international. Thus a state is not free to
treat its nationals as it pleases despite the fact that it is
sovereign. The greatest impact of human rights law has
been to erode the absolute control which a state had in the
classical period.
 The efforts for the creation of an international
organization, in order to establish peace, were being
made even when the World War II was in progress. Many
declarations adopted by the conference laid down the
importance of human rights. The declaration of the
United Nations signed on January 1,1942 at Washington
was the first document which used the term human
rights. Thus, human rights became a matter of
International concern with the end of World War II and
the founding of the United Nations. Since then
international human rights law has been developing in an
unprecedented way and has become a very substantive
part of International law as a whole. Although there is no
global government as such to protect human rights, it is
being protected by the various bodies of the United
Nations and the inter- governmental organizations.
 Promotion and Protection of Human Rights by the United Nations The
prime responsibility for the promotion of human rights under the U.N
Charter rests in the General Assembly, in the Economic and Social
Council and its subsidiary body i.e. the council on human rights. The
term protection of human rights which may mean implementation and
enforcement action does not find place in the U.N Charter. When human
rights violations assume massive dimensions, the General Assembly
and other organs of the UN can initiate discussion and action. Among
the United Nations agencies only the Security Council and the
International Court of Justice can engage in enforcement action; only
they have a competence to pass a binding resolution or issue a binding
judgment. Enforcement is thus the authoritative application of human
rights. The United Nations in the past has been able to promote and
protect human rights by certain ways which are as follows: 1. Human
Rights Consciousness- the first and the most important role which the
United Nations has played is that it has made the people and the states
conscious about the human rights and fundamental freedoms. 2.
Codification of the law of human rights- The United Nations has codified
the different rights and freedoms by making treaties for all sections of
the people such as women, child, workers, refugees, etc.
 Council on Human Rights 1. 2. 3. 4. The Economic and
Social Council (ECOSOC) , a principal organ of the United
Nations was most directly concerned with the question of
human rights. The Council under Article 68 of the U.N
Charter was empowered to set up commissions for the
promotion of human rights and such other commissions as
may be required for the performance of its functions. The
council may also meets annually in Geneva for six weeks
beginning in March. The commission may also meet
between annual sessions to deal with urgent human rights
situations. The council as determined by its terms of
reference was directed to prepare recommendations and
reports on the following items: On international bill of rights
International declarations and conventions on civil liberties,
the status of women, freedom of information . The
protection of minorities. The prevention of discrimination
on grounds of race, language or religion
 Universal Declaration of Human Rights The idea for the
protection for human rights and fundamental freedoms was
conceived in the Atlantic Charter (1941) and in the Declaration of
the United Nations (1942). The Universal Declaration of Human
Rights was adopted in 1948 with an aim to enumerate human rights
for all the people. The UDHR has inspired a rich body of legally
binding international human rights treaties. It continues to be an
inspiration to all whether in addressing injustices, in times of
conflicts and in our efforts towards achieving universal enjoyment
of human rights. The Preamble of the Universal Declaration
proclaims the declaration as a common standard of achievement of
all people and all nations. The Universal Declaration contains 30
Articles . It enumerate the basic principles of human rights in a
most comprehensive manner. Out of 30 articles , while 21 articles
enumerated civil and political rights, 6 articles cover economic and
social rights. It is to be noted that the Universal Declaration does
not permit a state to derogate from their obligations in public
emergency which threatens the life of the nation. Thus even in such
cases the rights cannot be suspended.
 Legal Effect of the Declaration The Universal
Declaration set for the International community a common
standard of achievement. It recognized the inherent dignity
and the equal and inalienable rights of all people in all
nations. It is the duty of the States regardless of their social,
political and economic systems to promote and protect
human rights. The Universal Declaration was not intended to
be legally binding and therefore it did not impose any legal
obligations on the States to give effect to its provisions. In
other words from the legal point of view, the declaration was
only recommendation and not strictly binding on the states.
The declarations addresses right to all people and all nations
whether they are members of the United Nations or not. The
main object of the Declaration was to present the ideas of
human rights and freedoms in order to inspire everybody to
work for their progressive realization. The message conveyed
is one of hope, equality, liberation and empowerment.
 International Humanitarian Law International humanitarian
law is a branch of International Law which provides protection to
human beings from the consequences of armed conflicts.
Humanitarian Law deals with those matters which have an
impact of armed conflicts on the life ,personal integrity and
liberty of human beings. Thus humanitarian law may be referred
to that body of law which defines those principles and rules
which limit the use of violence in times of war. These rules are
inspired by principles of humanity and they are meant to avoid
human sufferings and brutality in armed conflicts. However,
those rules of war which are based on humanitarian
considerations or motivations are called humanitarian law.
International Humanitarian Law has much in common with the
law of human rights since both is concerned with the protection
of the individuals nevertheless there are important differences
between the two. First difference is that International
humanitarian law is applied during the time of armed conflicts
whereas the law of human rights is applied in peace time.
 The second difference is that the state which becomes
a party to a human rights treaty assumes an obligation
to treat all person within the jurisdiction in accordance
with the provisions of the treaty .Humanitarian Law is
primarily made up of treaties, agreements between
states intended to have binding legal effect between
the parties that have agreed to them and are binding
only between States which are parties to those treaties.
International humanitarian law applies to all armed
conflicts, i.e. international armed conflicts as well as
non-international armed conflicts. International conflicts
may mean an armed clash between two or more states
whereas non-international armed conflicts which take
place in the territory of a state between its armed
forces. e.g.. civil war are included in non-international
armed conflicts.
 CONCLUSION Presently there is a
widespread acceptance of the importance
of human rights in the international
structure. However, one will not hesitate to
admit that there is a confusion prevailing
as to its precise nature and scope and the
mode of International Law as to the
protection of these rights. One valuable
lesson that the history of human rights
teaches us is that they are not static but
are developed in response to new modes
of political thought and changes in the
international environment.