Definition, Characteristics and Significance of Human Rights

The concept of human rights is susceptible of variety of interpretations, as such, the

issue of definition has become the most controversial. Different philosophers and
thinkers define the concept in their own perceptions. For example, Joel Feiberg
considers human rights as 'moral claims based on primary human needs'. Tiber
Macham defines human rights as 'universal, irrevocable elements in the
administration of justice'. J.E.S. Fawatt describes human rights as 'fundamental,
basic, natural or common rights'.
However, from a legal standpoint, human rights can be defined as 'the sum of
individual and collective rights recognized by sovereign States and enshrined in their
constitutions and in international law'. In addition to this stand point let us look at two other
definitions, one that is given by bible of modern Human rights the Universal
Declaration of Human Rights (UDHR), 1948, itself and the other one represents the
view point of legal scholars in India.

The Universal Declaration of Human Rights defines human rights as “rights

derived from the inherent dignity of the human person.” Human rights when they are
guaranteed by a written constitution are known as “Fundamental Rights” because a
written constitution is the fundamental law of the state.

Durga Das Basu defines “Human rights are those minimal rights, which
every individual must have against the State, or other public authority, by virtue of
his being a member of human family irrespective of any consideration”.

Coming specifically to the Indian context, the Protection of Human Rights

Act 1993 defines Human Rights 'as the rights relating to life, liberty, equality and
dignity of the individual guaranteed by the Constitution or embodied in the
International Covenants and enforceable by courts in India'. So far as Indian
Constitution concerned, only rights enumerated in the Part III of the Constitution are
enforceable.
Justice Krishna Iyer observed: “Human rights are writ on a large canvass, as large as the sky. The law-
makers, lawyers, and particularly judge, must make the printed text vibrant with human values.”

In Ram Deo Chauhan v. Bani Kant Das, AIR 2011 SC 615 case, the Supreme Court observed: “The
term ‘human rights’ is a broad concept and cannot be straight-jacketed in narrow confines. any
attempt to do so would truncate its all-embracing scope and reach, and denude it of its vigour and
vitality.”
Human Rights are Universal:
Human rights are universal because everyone is born with and possesses the same rights, regardless of
where they live, their gender or race, or their religious, cultural, or ethnic background. 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.” They are not a
monopoly of any privileged class of people. They are universal in nature, without consideration, and
without exception. They are inherent in all individuals irrespective of their caste, creed, religion, sex,
and nationality. Human rights are enforceable without a national border.
Human Rights are Inherent:
Human Rights are inherent because they are not granted by any person or authority. Human rights do
not have to be bought, earned, or inherited; they belong to people simply because they are human.
Human Rights are Fundamental:
Human Rights are fundamental rights because, without them, the life and dignity of man will be
meaningless.
Human Rights are Imprescriptible:
Human Rights do not prescribe and cannot be lost even if a man fails to use or assert them, even by a
long passage of time.
Human Rights are Inalienable:
Human rights are conferred on an individual due to the very nature of his existence. They are inherent
in all individuals irrespective of their caste, creed, religion, sex and nationality. Human rights are
conferred to an individual even after his death. The different rituals in different religions bear
testimony to this fact. Human rights are inalienable. Human Rights are inalienable because: they
cannot be rightfully taken away from a free individual and they cannot be given away or be forfeited.
They should not be taken away, except in specific situations and according to due process. For
example, the right to liberty may be restricted if a person is found guilty of a crime by a court of law.
Human Rights are Indivisible:
Human Rights are not capable of being divided. They cannot be denied even when other rights have
already been enjoyed. Irrespective of their relation with civil, cultural, economic, political, or social
issues, human rights are inherent to the dignity of every human person. Consequently, all human
rights have equal status, and cannot be positioned in a hierarchical order. Denial of one right
invariably impedes the enjoyment of other rights. Thus, the right of everyone to an adequate standard
of living (say right of health or right of education) cannot be compromised at the expense of other
rights.
Human Rights are Essential and Necessary:
In the absence of human rights, the moral, physical, social, and spiritual welfare of an individual is
impossible. Human rights are also essential as they provide suitable conditions for the material and
moral upliftment of the people. Human rights are necessary for the fulfillment of the purpose of
human life.
Human Rights are in Connection with Human Dignity:
All individuals are equal as human beings and by virtue of the inherent dignity of each human person.
There should not be any discrimination on the grounds of race, colour, ethnicity, gender, age,
language, sexual orientation, religion, political or other opinion, national, social or geographical
origin, disability, property, birth or other status. Human dignity should be maintained. For e.g. In
1993, India has enacted a law that forbids the practice of carrying human excreta. This law is called
the Employment of Manual Scavengers and Dry Latrines (Prohibition) Act.
Human Rights are Interdependent and Interrelated:
Human Rights are interdependent because the fulfilment or exercise of one cannot be had without the
realization of the other. Each one contributes to the realization of a person’s human dignity through
the satisfaction of his or her developmental, physical, psychological and spiritual needs. The
fulfilment of one right often depends, wholly or in part, upon the fulfilment of others. For instance,
the fulfilment of the right to health may depend, in certain circumstances, on fulfilment of the right to
development, to education or to information.
Human Rights are Irrevocable:
Human rights are irrevocable. They cannot be taken away by any power or authority because these
rights originate with the social nature of man in the society of human beings and they belong to a
person simply because he is a human being. As such human rights have similarities to moral rights.
No government has the power to curtail or take away the rights which are sacrosanct, inviolable and
immutable.
Human Rights are Participative and Inclusive:
All people have the right to participate in and access information relating to the decision-making
processes that affect their lives and well-being.
Human Rights are Never Absolute:
Man is a social animal and he lives in a civic society, which always put certain restrictions on the
enjoyment of his rights and freedoms. Human rights as such are those limited powers or claims, which
are contributory to the common good and which are recognized and guaranteed by the State, through
its laws to the individuals. As such each right has certain limitations.
Human Rights are Dynamic:
Human rights go on expanding and changing with socio-eco-cultural and political developments
within the State. Judges have to interpret laws in such ways as are in tune with the changed social
values.
Human Rights Limit State Power:
States and other duty-bearers are answerable for the observance of human rights. In this regard, they
have to comply with the legal norms and standards enshrined in international human rights
instruments. So human rights limit the state’s power. Where they fail to do so, aggrieved rights-
holders are entitled to institute proceedings for appropriate redress before a competent court or other
adjudicator in accordance with the rules and procedures provided by law in form of writ petitions. For
eg. Six freedoms that are enumerated under the right to liberty forbid the State from interfering with
the individual. Individuals, the media, civil society and the international community play important
roles in holding governments accountable for their obligation to uphold human rights.

Significance Of Human Rights:

The significance of human rights lies in their essential role in promoting and protecting the inherent
dignity and worth of every individual. Human rights are fundamental rights and freedoms that are
inherent to all human beings, regardless of race, nationality, religion, gender, or any other status. They
are universal, inalienable, and indivisible, meaning they apply to every person and cannot be taken
away or separated from one another.
Here are some key aspects of the significance of human rights:
1. Dignity and Equality: Human rights acknowledge the equal value and dignity of all human
beings, ensuring that everyone is treated with respect and fairness, irrespective of their
background or circumstances.
2. Freedom and Autonomy: Human rights protect individual freedoms and autonomy, allowing
people to make choices about their lives, beliefs, and associations without undue interference
from the state or other individuals or entities.
3. Justice and Accountability: Human rights serve as a basis for establishing justice and holding
individuals, organizations, and governments accountable for actions that violate these rights.
4. Peace and Stability: Respecting and protecting human rights are essential for fostering
peaceful and stable societies, as it reduces tensions and promotes cooperation among
individuals and nations.
5. Development and Prosperity: Human rights are linked to development and prosperity since
societies where human rights are upheld tend to be more inclusive and conducive to economic
growth and progress.
6. Empowerment and Participation: Human rights empower individuals and communities,
enabling them to participate in decision-making processes and advocate for their own well-
being and interests.
7. International Cooperation: Human rights provide a shared framework for international
cooperation and diplomacy, fostering collaboration between countries to address global
challenges.
8. Protection of Vulnerable Groups: Human rights play a crucial role in safeguarding the rights
of vulnerable and marginalized groups, including women, children, minorities, refugees, and
persons with disabilities.
9. Prevention of Abuse and Atrocities: Upholding human rights helps prevent human rights
abuses, discrimination, and atrocities, promoting a more just and compassionate world.
10. Rule of Law: Human rights are essential for the rule of law, ensuring that laws and policies
are consistent with international human rights standards and that justice is applied fairly and
impartially.
In summary, the significance of human rights lies in their capacity to uphold human dignity, foster
equality, promote justice, and contribute to a more peaceful, prosperous, and compassionate global
community. They form the basis of a just and equitable society that respects and protects the rights of
all individuals, fostering a world where everyone can live with freedom, respect, and dignity.