Human rights are the fundamental freedoms and entitlements inherent to every individual, regardless of nationality, race, gender, religion, or any other status. These rights are based on the principles of dignity, equality, and respect, and they are considered universal and inalienable, meaning they cannot be taken away or denied. The concept of human rights emerged from the recognition that all people deserve to live in freedom and security, with access to basic necessities and opportunities for personal development. These rights encompass a broad range of protections, including civil, political, economic, social, and cultural rights, and they are essential for the flourishing of individuals and societies alike. The promotion and protection of human rights are central to achieving peace, justice, and sustainable development worldwide.
Table of Contents
Universal Declaration of Human Rights
The Universal Declaration of Human Rights was adopted by the UN General Assembly in 1948. This declaration represents the first international expression of human rights to which all human beings are entitled. It is described as the “International Magna Carta”.
The declaration consists of 30 articles which can be divided into four parts. These are explained below. The first two articles contain the basic principles underlying all human rights. Thus, they state as follows:
- Article 1 : All human beings are born free and equal in dignity and rights.
- Article 2 : Everyone is entitled to all the human rights and freedoms, without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Civil and Political rights
- Article 3 : Right to life, liberty and security
- Article 4 : Freedom from slavery and servitude
- Article 5 : Freedom from torture and inhuman punishment
- Article 6 : Right to recognition as a person before the law
- Article 7 : Right to equality before the law
- Article 8 : Right to judicial remedy
- Article 9 : Freedom from arbitrary arrest or exile
- Article 10 : Right to a fair trial and public hearing
- Article 11 : Right to be presumed innocent until proved guilty
- Article 12 : Right to privacy and reputation
- Article 13 : Right to freedom of movement
- Article 14 : Right to seek asylum
- Article 15 : Right to a nationality
- Article 16 : Right to marriage and family protection
- Article 17 : Right to own property
- Article 18 : Freedom of thought, conscience and religion
- Article 19 : Freedom of opinion, expression and information
- Article 20 : Freedom of peaceful assembly and association
- Article 21 : Right to participate in government and equal access to public service
Economic, Social and Cultural rights
- Article 22 : Right to social security
- Article 23 : Right to work and equal pay for equal work
- Article 24 : Right to rest and leisure
- Article 25 : Right to adequate standard of living for health and well-being including food, clothing, housing, medical care, social services and security.
- Article 26 : Right to education
- Article 27 : Right to participate in cultural life of community
The last three articles specify the context within which all the human rights are to be enjoyed. Thus, they state as under:
- Article 28 : Everyone is entitled to a social and international order in which the above rights and freedoms can be fully realised.
- Article 29 : The exercise of the above rights and freedoms shall be limited for the purpose of securing recognition and respect for the rights and freedoms of others and for meeting the requirements of morality, public order and general welfare.
- Article 30 : No state, group or person has any right to engage in any activity aimed at the destruction of the above rights and freedoms.
International Bill of Human Rights
Later, the Universal Declaration of Human Rights was divided into two distinct covenants: the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). These covenants further develop and elaborate on the human rights and freedoms initially outlined in the Universal Declaration. Both covenants were adopted by the UN General Assembly in 1966 and came into force in 1976.
In addition to these covenants, the UN General Assembly also adopted two Optional Protocols to the ICCPR. The First Optional Protocol, adopted in 1966, allows individuals to submit complaints about human rights violations by a State party. The Second Optional Protocol, adopted in 1989, focuses on the abolition of the death penalty.
The Universal Declaration of Human Rights, the ICCPR and its two Optional Protocols, and the ICESCR together form what is commonly known as the “International Bill of Human Rights.”
Other International Conventions
The International Bill of Human Rights has been further supplemented by various other international treaties, conventions and declarations. They are usually regarded as “human rights instruments”. They are specialised in nature and related to either a particular human right or to a specific vulnerable
group. The important among them are as follows:
- Convention on the Elimination of All Forms of Racial Discrimination (1966)
- Convention on the Elimination of All Forms of Discrimination Against Women (1979)
- Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (1984)
- Declaration on the Right to Development (1986)
- Convention on the Rights of the Child (1989)
- Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (1990)
- Convention on the Rights of Persons with Disabilities (2006)
Human Rights in India
The Constitution of India has a rich content of human rights. The Preamble, the Fundamental Rights and the Directive Principles of State Policy reflect the principles and provisions of the Universal Declaration of Human Rights (1948).
The four ideals of the Preamble are aimed at the promotion of human rights. They are as under:
- Justice in social, economic and political spheres
- Liberty of thought, expression, belief, faith and worship
- Equality of status and opportunity
- Fraternity assuring the dignity of the individual
The Fundamental Rights under Part-III of the Constitution contain an elaborate list of civil and political rights divided into six categories:
- Right to equality
- Right to freedom
- Right against exploitation
- Right to freedom of religion
- Cultural and educational rights
- Right to constitutional remedies
The Directive Principles of State Policy in Part-IV of the Constitution comprise economic, social and cultural rights. They can be classified into three broad categories, viz.,
- Socialistic Principles
- Gandhian Principles
- Liberal-Intellectual Principles
In addition to the Fundamental Rights outlined in Part-III of the Indian Constitution, other rights are found in various parts of the Constitution, such as the right to property in Part-XII. Over time, the Supreme Court has expanded the scope of human rights under the Fundamental Rights, recognizing several rights as integral even though they are not explicitly mentioned in Part-III. Examples of such unenumerated fundamental rights include the right to health, the right to a speedy trial, the right against torture, the right to privacy, the right to travel abroad, and the right to free legal aid.
Moreover, various laws enacted by Parliament and State Legislatures protect human rights, especially for vulnerable groups. Examples include the Bonded Labour System (Abolition) Act, the Protection of Civil Rights Act, the Persons with Disabilities Act, and the Minimum Wages Act.
The Protection of Human Rights Act of 1993 defines human rights in India as the rights relating to life, liberty, equality, and dignity, guaranteed by the Constitution or embodied in International Covenants and enforceable by Indian courts. It identifies the International Covenants as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights, adopted by the UN General Assembly on December 16, 1966, and any other Covenant or Convention specified by the Central Government. India acceded to these two Covenants on April 10, 1979.
The Indian Constitution and laws passed by Parliament and state legislatures not only encompass various human rights but also provide for the establishment of national and state commissions to protect and promote these rights.
National Commissions Related to Human Rights
State Commissions Related to Human Rights
Conclusion
Human rights are the essential freedoms and protections that belong to every person simply because they are human. These rights are universal, meaning they apply to all individuals regardless of their background, nationality, or identity. They are based on principles of dignity, equality, and respect, and they cover a broad spectrum of issues, including the right to life, freedom of expression, access to education, and fair treatment under the law. The recognition and protection of human rights are fundamental to ensuring justice, peace, and well-being in societies. They serve as a framework for promoting social progress and protecting individuals from abuses, thereby fostering environments where people can live with dignity and pursue their potential. The global commitment to human rights is enshrined in documents like the Universal Declaration of Human Rights and various international treaties and conventions, highlighting the shared responsibility to uphold these principles for the benefit of all.
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