HUMAN RIGHTS

Unit - I

Meaning and Definations of Human Rights

Human Rights are the rights that all people have by virtue of being human beings.
Human Rights are derived form the inherent dignity of the human person and are
defined internationally, nationally and locally by various law making bodies.

Human rights can be generally defined as those rights which are inherent in our nature and
without which we cannot live as human beings. Human rights and fundamental freedoms allow
us to fully develop and use our human qualities, our intelligence, our talents and our conscience
and to satisfy our spiritual and other needs. They are based on mankind s increasing demand
for a life in which the inherent dignity and worth of each human being will receive respect and
protection. “Human rights are sometimes called fundamental rights or basic right or natural
rights. As fundamental or basic rights they are those which must not be taken away by any
legislature or any act of government and which are often set out in a constitution. As natural
rights they are seen as belonging to men and women by their very nature. Another way to
describe them would be to call them common rights , for they are rights which all men or
women in the world country. Human rights are nor created by any legislation, they assume the
position of nature! Rights. Any civilized country to body like the U.N must recognize them. They
connot be subjected to the process of amendment even. The legal duty to protect human rights
included the legal duty to respect them. Members of the U.N have committed themselves to
promote respect for and observance of human right and fundamental freedom. International
concern with human rights as enshrined in the United Nations Charter is not a modern
innovation. Human rights are, therefore, those rights which belong to an individuals a
consequence of being human. They are based on elementary human needs as imperatives.
Some of these human needs are elemental for sheer physical survival and health. Others are
elemental for physic survival and health. Thus, human rights can be

perceived and enumerated. These rights are associated with the traditional concept of natural
law. Rights being immunities denote that there is a guarantee that certain things cannot or
ought not be done to a person against his will. According to this concept, human beings, by
virtue of their humanity, ought to be protected against unjust and degrading treatment. In
other words, human rights are exemptions from the operation of arbitrary power. An individual
can seek human rights only in an organized community, i.e., a state, or in them in a state or
anarchy wherethere is hardly any just power to which a citizen can appeal against the isolations
of rights. Thus, the principle of the 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 individual in the society be necessary protected and be made available to all
the individual. 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 because of inevitable increase in the control over men s action by the
governments which by no means can be regarded as describe. There are several States where
fundamental standards of human behavior are not observed. The consciousness on the part of
the human beings as to their rights has also necessitated the protection by the States. It has
been realized that the functions of all the laws whether they are the rules of municipal law or
that of function allow should be to protect them in the interest of the humanity. One of the
achievements of the contemporary international law is to recognize human dignity and honour.
The individual has come of age in International Law. It has been also realized that the
international protection of the individual against the state should no longer be entrusted to the
State as his guardian in Litem. This is clearly reflected from a number of conventions of varying
scope which have been adopted under the auspispices of the United Nationals organization in
the last six decades or so. A number of declarations adopted by the United Nations and its
specialized agencies also got toprove that their members have pledged themselves to achieve
the promotion of universal respect for and observance of human rights and fundamental
freedoms. State themselves are conscious of the rights of the human beings. They in order to
protect the rights, have made regional arrangements by making conventions. On national level
too, they have taken measures to protect the rights of the individuals by incorporating the
provisions relating to it in their Constitutions. Non-governmental organizations on national,
regional and international level are also devoted in bringing the cases of violations of human
rights in lime light and finding out ways and mean to prevent their occurrence. Presently, there
is a wide spread acceptance of the importance of human rights in the international structure
because it has legal, more and political bearing. Human rights are legal because it involves the
implementation of rights and obligation sectioned in international relatives. It is moral because
human rights are a value-based system to preserve human dignity and it is political in the larger
sense of the word. They also operate to limit the power of Governments over individuals.
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.

Definition Of Human Rights

Durgadas Bassu “Human Rights are the absolute rights that every citizen of society
should have against the state or government without any consideration”.
World Conference on Human Rights “ All Human Rights are symbols of a persons self
esteem and capability”.
Human rights have been defined differently, some writers even question the expression.
Human rights, because, to them, it is a exits version since human is marked by the
presence of man, so a person. Thus, Baxi prefers the word huper, in place of “human”.
Therefore, human rights become “huper rights”. Some definitions are given below.
According to Boutros BoutrosGhali, the former Secretary General of the UN, human
rights constitute a common language of humanity. Milne argues that human rights are
simply what every human being ovens to every other human being and as such
represent universal moral obligations. These rights can be summarized as the right to
life, to freedom from unproved violence and arbitrary coercion, to be dealt with
honestly, to receive aid in distress, and to be respected as a human person
Susan Moller okin states that a human rights is a claim to something (whether a
freedom, a good, or a benefit) of crucial importance of human life.”. As per Basu, human
rights are those minimum rights is to be found in the protection of Human Rights Act,
1993 enacted by our Parliament, Under section 2(1) (d), human rights mean 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. This Act was amended in 2006 and this definition has been further extended.
Now, beside the two covenant –Economic, Social and cultural Rights and Civil and
Political Right6s adopted by the UN General Assembly on 16 December 1966, “Such
other covenants or conventions adopted by the General Assembly of the UN as the
Central the Definition of human rights. Thus, for example, CEDAW adopted by the UN in
1979 and ratified by India stands included in the definition given in Section 2(I) (d) of the
Protection of Human Rights Act.In his Tagore Law Lecture, Krishna Iyer a former
outstanding judge of the Supreme Court of India, has defined human rights as under:
A.K. Ganguli J of the Supreme Court in Ram DeoChauhan v. Bani Kant Das7 has rightly
observed: “Human right is a broad concept and cannot be straitjacketed within narrow
confines. Any attempt to do so would truncate its all-embracing scope and reach, and
denue it of its vigour and vitality.” “Human right”, thus, “reflect what a person needs in
order o live a meaningful and dignified existence”, Human rights, as such, are those
rights which an individual, being an individual, is entitled to and which in a civilized
society are recognizes and enforced. The core element of such rights is universal and
consists of freedom, equality and liberty. In internationals law, this core content is
evidence in the Charter of UN. The “peoples of the UN” have reaffirmed faith in
fundamental human rights, in the dignity and worth of the human person, in the4 equal
rights of men and women and of nations large and small.
Louis Henkin, in his „The Age of Rights defines: “Human rights are rights of individuals
in society. Every human being has legitimate, valid, justified claims upon his or her
society… to various “goods and benefits … they are defines, particular claims listed in
international instruments…… deemed essential for individual well-being, dignity, and
fulfillment, and that reflect a common sense of justice, fairness, and decency.” Jack
Donnelly s definition is limited mainly to „functional aspects. He defines what rights are
humans as follows: “Right are titles that ground claims of special force. To have a right
to X is to be specially entitled to have and enjoy. The right thus governs the relationship
between right-holder and duly-bearer insofar as that relationship rests on the right. In
addition, to have a right is to be empowered to press rights claim, which ordinarily
“trump … other grounds for action… the duties correlative to rights „belong to the
right-holder, who is largely free to dispose of those duties as he sees fit. Thus individual
rights are political trumps held by individuals…… “Human rights are those individual
right entered the language of political discourse only three centuries ago. This does not
mean, of course, that what we call human rights did not exits before than or that they
were never respected. They were often respected in practice for a wide variety of
religious, cultural, and social reasons only vaguely related to the reasons we usually cite
for observing rights today. Throughout antiquity and the Middle Ages the language of
politics was caste in the terms of obligation (duty) rather than rights.” Section 2 (1) (d)
of the Protection of Human Rights Act, 1993 defines „human rights : Human rights
means 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. The definition given in the Section 2 (1) (d) is not
exhaustive. It should be read with the rights enunciated in various international
covenants, such as the Universal declaration of Human Rights 1948, the Geneva Red
cross Conventions 1949, Helsinki Declaration 1975, the international Covenants on Civil
and Political Rights, 1966, etc.
Manorama Year Book “A right may be defined as something to which an individual has a
just claim Human rights are those that individuals have by virtue of their existence as
human beings. the right to life itself and the basic necessities of food and clothing may
be considered fundamental human rights .Human rights traditionally have been put in
two categories , natural rights and civil rights, Natural rights are those rights traditionally
have been put I two categories, natural rights and civil rights. Natural rights are those
that belong to individuals by virtue of their humanity: the right to remain alive, to
sustain life with food and shelter, and to follow the dictates, and to follow the dictates
of their conscience.”
Nature and Characteristics of Human Rights

Following are the characteristics of human rights:

1. 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.

2. 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 material and moral upliftment of the people.

3. Human Rights are in connection with human dignity - To treat another individual with
dignity irrespective of the fact that the person is a male or female, rich or poor etc. is concerned
with human dignity. For eg. In 1993, India has enacted a law that forbids the practice of carrying
human excreta. This law is called Employment of Manual Scavengers and Dry Latrines
(Prohibition) Act.

4. 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.

5. Human Rights are Necessary for the fulfillment of purpose of life: Human life has a purpose.
The term “human right” is applied to those conditions which are essential for the fulfillment of
this purpose. No government has the power to curtail or take away the rights which are
sacrosanct, inviolable and immutable.

6. Human Rights are Universal – Human rights are not a monopoly of any privileged class of
people. Human rights are universal in nature, without consideration and without exception. The
values such as divinity, dignity and equality which form the basis of these rights are inherent in
human nature.

7. 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.

8. Human Rights are Dynamic - Human rights are not static, they are dynamic. Human rights go
on expanding 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. For eg. The right to
be cared for in sickness has now been extended to include free medical treatment in public
hospitals under the Public Health Scheme, free medical examinations in schools, and the
provisions for especially equipped schools for the physically handicapped.

9. Rights as limits to state power - Human rights imply that every individual has legitimate
claims upon his or her society for certain freedom and benefits. So human rights limit the
state’s power. These may be in the form of negative restrictions, on the powers of the State,
from violating the inalienable freedoms of the individuals, or in the nature of demands on the
State, i.e. positive obligations of the State. For eg. Six freedoms that are enumerated under the
right to liberty forbid the State from interfering with the individual.

Development of Human Rights

Human Rights and its Antecedents -Deliberations on these ideas can be recorded back to the
ancient civilization of Babylon, China and India. Human rights influenced the laws of Greek and
Roman society and were central to Buddhism, Christianity, Confucianism, Hinduism, Islam and
Judaism. The notion of moral code, equitableness, righteousness and self-respect were also
crucial even in those communities who have not left written records but the thoughts have
been handed down the generations through oral histories. Thus we can say that human rights
are not a recent invention.

The Magna Carta (1215)- was a British document that was an agreement stating that the
sovereign or king had to consult with the lords or barons of the kingdom in establishing certain
public policies. This was very important for the development of a constitutional or limited
government, but it was not a legitimate human rights documents. The Magna Carta is
acknowledged to be the originating document which influenced the drafting of the English
Liberties and American Liberties.

The first official document of human rights was signed by King John on June 15,1215. It was
called the ‘Articles of the Barons’ The barons then renewed the ‘Oath of Fealty of King John’ at
Runnymede on June 19,1215.Subsequently, the Royal Chancery produced a royal grant, based
on the agreements reached at Runnymede which came to be known as Magna Carta.
Archbishop Stephen Langton and the authoritarian Barons of England delineated the details of
the Magna Carta. Copies of the Magna Carta were distributed to bishops, sheriffs and other
important people throughout England.

Human Rights are primarily ethical in nature. The reality of human rights is an approach or
belief. It all depends on the circumstances and condition of human society. It was after World
War II that The first official document of human rights was signed by King John on June
15,1215. It was called the ‘Articles of the Barons’ The barons then renewed the ‘Oath of Fealty
of King John’ at Runnymede on June 19,1215.Subsequently, the Royal Chancery produced a
royal grant, based on the agreements reached at Runnymede which came to be known as
Magna Carta. Archbishop Stephen Langton and the authoritarian Barons of England delineated
the details of the Magna Carta. Copies of the Magna Carta were distributed to bishops, sheriffs
and other important people throughout England. 6 the phrase ‘human rights’ and the notion of
a person being entitled to rights that would be inalienable and basic in nature found
expression. Thomas Hobbes (1588-1679), John Locke (1632-1704) and Jean-Jacques Rousseau
(1712-1778) are the three main thinkers who developed the Natural Rights theory.

Thomas Hobbes was the first champion of the theory of ‘natural rights’. In his celebrated book,
‘Leviathan’, he advocated that no individual could ever be deprived of the right to life. He
asserted that all human beings were equal, without any consideration. The philosophical idea of
human rights has its roots in what is known as the European Enlightenment movement that
took place in the 18th century in western Europe. ‘Enlightenment’ thinkers developed the idea
of the right of man. Of course, an idea alone was not enough to establish human rights in the
world. Even after the Enlightenment, in the 19th century, citizens of the United States enslaved
Africans and massacred Native Americans. One of the first and most important of these
Enlightenment thinkers was the English philosopher John Locke. Locke was part of the Early
Enlightenment. Most of his writings were published in the late 1600s. He was among the first to
advocate the view that people have natural rights simply because they are human beings, and
that their natural rights should be protected by the government. Locke’s most important piece
of political philosophy is his Second Treatise of Civil Government. In his first creative, Locke
explicitly refuted the idea that kings ruled according to divine right (from God) and argued that
human beings had natural rights upon which the government could not infringe A significant
development in human rights took place in the 18th century, during a time of revolution and
emerging national identities.

Rousseau is regarded to be the greatest master of the natural law school. In his celebrated
book, ‘The Social Contract’, Rousseau states that “All men are born free but everywhere they
are in chains”. Rousseau proclaimed that men are bestowed with inalienable rights of liberty,
equality and fraternity. These concepts became the basis for the French Declaration of the
Rights of Man and of the Citizen.

Paine an American revolutionary thinker developed the doctrine of natural rights without
linking it to the social contract theory. He held that rights were natural, because they were
bestowed upon man by God himself. These rights existed, independent of the legal code of any
country.
The American Declaration of Independence (1776) was based on the understanding that
certain rights, such as ‘life, liberty and the pursuit of happiness’, were essential for all people.

The French Declaration of the Rights of Man and Citizen (1789) challenged the sovereignty of
the aristocracy and recognized the ‘liberty, equality and fraternity’ of individuals. These values
were echoed in the United States’ Bill of Rights (1791), which recognized freedom of speech,
religion and the press in its Constitution, as well as the right to peaceful assembly, private
property and a fair trial. Furthermore, the Virginia Declaration of Rights (1776) declared a
number of fundamental rights and freedoms. These were followed by development in
philosophy of human rights by Thomas Paine, Let’s Contemplate Cyrus the Great, was the first
king of ancient Persia (today’s Iran). In 539 B.C, after conquering the city of Babylon, he freed
the slaves, gave freedom of religion to his subjects and established racial equality. These and
other decrees issued by him were recorded on a baked-clay cylinder.(The language used was
the Akkadian and the script cuneiform.) . This decree issued by him is known as the Cyrus
Cylinder. It has now been recognized as the world's first charter of human rights. It is translated
into all six official languages of the United Nations and its provisions have been incorporated in
the first four articles of the Universal Declaration of Human Rights. Do you think that certain
incidents of history have become the source of human rights in the modern world? Think of
some more incidents that have changed the course of the human right movement. 8 John
Stuart Mill and Hegal during the 18th and 19th centuries. The term human rights probably came
into force sometime between the publishing of “Rights of Man” by Paine and “The liberator
“1831). by William Lloyd Garrison. In the arena of human rights, many groups and movements
brought about intense social changes during the 20th century. In Western Europe and North
America, movements of labour unions worked for the cause of rights to strike, establishment of
minimum working condition and regulation of child labour. 9 World Day Against Child Labour.

World Day Against Child Labour 2012: Human rights and social justice... Let's end child labour

The International Labour Organization (ILO) launched the World Day Against Child Labour in
2002 to focus attention on the global extent of child labour and the action and efforts needed
to eliminate it. Each year on 12 June, the World Day brings together governments, employers
and workers organizations, civil society, as well as millions of people from around the world to
highlight the plight of child labourers and what can be done to help them. The ILO’s adoption of
Convention No. 182 in 1999 consolidated the global consensus on child labour elimination.
Millions of child labourers have benefited from the Convention, but much remains to be done.
The latest figures estimated that 215 million children are trapped in child labour, and 115
million of these children are in hazardous work. The ILO’s member states have set the target for
eliminating the Worst Forms of Child Labour by 2016. To achieve this goal requires a major
scaling up of effort and commitment. A future without child labour is at last within reach.
Significant progress is being made worldwide in combating child labour. The new global
estimates of trends reinforce this message of hope. However, a strong and sustained global
movement is needed to provide the extra push towards eliminating the scourge of child labour.
This is no time for complacency. The 2012 World Day Against Child Labour will provide a
spotlight on the right of all children to be protected from child labour and from other violations
of fundamental human rights. In 2010 the international community adopted a Roadmap for
achieving the elimination of the worst forms of child labour by 2016, which stressed that child
labour is an impediment to children’s rights and a barrier to development. World Day 2012 will
highlight the work that needs to be done to make the roadmap a reality.

Successful Movements The women’s rights movement in England achieved the right to vote in
1928. National freedom movements in many countries succeeded in ousting colonial powers.
Movements by long-oppressed racial and religious minorities gained success during colonial
periods. Movements like the civil rights movements for minorities and women in United States
were successful. The two World Wars were responsible for huge losses of life and gross abuse
of human rights. They therefore became a driving force behind the development of human
right laws. The League of Nations which was established in 1919 at the negotiation at the Treaty
of Versailles, after the end of World War I, included disarmament, preventing war through
collective security, settling disputes between countries through negotiation, diplomacy and
improving global welfare as its main goal. Some of the rights which were enshrined in the
Charter of America and France as mentioned above were, later included in the Universal
Declaration of Human Rights. At the 1945 Yalta Conference, the Allied powers agreed to create
a new body to succeed the present League’s role. This body today is known as the United
Nations. Since its formation, the UN has been playing an important role in international human
rights law.

The United Nations Human Rights Council The United Nations Human Rights Council is a
functional council within the framework of United Nations provisions. It was a subsidiary body
of the UN Economic and Social council (EcoSoc). It was previously known as United Nations
Commission on Human Rights. In 2006, the nomenclature was changed and it was renamed as
the Human Rights Council. The Human Rights Council (UNHRC) provides assistance to fulfill the
objectives of the UN EcoSoc, It is the UN’s principal instrument and an international forum
which works towards the promotion and protection of human rights.

The Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) was framed by the member of the then
Human Rights Commission, with Eleanor Roosevelt as the Chairperson. It was adopted by the
United Nations General Assembly in 1948 by Members of the United Nations, including India. It
is a proclamation of basic principles on which to base a new world order so that the
annihilation that took place in World Wars I and II is not repeated. The statement of these
rights, at the national level is reflected in respective constitutions of different countries. The
UDHR covers two broad sets of rights. One set is known as ‘Civil and Political Rights’. The other
set of rights is known as ‘Economic, Social and Cultural Rights’. In the words of the UDHR, these
two sets of rights aim to give all people ‘freedom from fear and want’. Both sets of rights must
be protected as the ‘foundation of freedom, justice and peace in the world’. It is the
responsibility of the State to protect the human rights proclaimed by the UDHR. Under the
heading of civil and political rights, all governments are to protect the life, liberty and security
of their citizens. They should guarantee that no one is enslaved and that no one is subjected to
arbitrary arrest and detention or to torture. Everyone is entitled to a fair trial. The right to
freedom of thought, expression, conscience and religion are also to be protected. Under the
heading of economic, cultural and social rights, all governments are expected to progressively
improve the living conditions of their citizens and ensure equitable distribution of resources
and services. For example, they should ensure the right to food, water, clothing, housing and
medical care, the protection of the family and the right to social security, education and
employment. They are to promote these rights without discrimination of any kind. Although
UDHR is not legally binding, over the years its main principles have acquired the status of
standards which should be respected by all States. The civil and political rights as well as the
economic, social and cultural rights spelt out in the UDHR are included in Part III, Part IV and
Part IV A of the Constitution of India, which is the highest law of our land, in the form of
‘Fundamental Rights’, ‘Directive Principles of State Policy’ and ‘Fundamental Duties’. The UDHR
served as an inspiration and a means for the millions of people under the colonial rule to
achieve self-determination in the 1950s and 1960s and, as mentioned above, many countries
have incorporated its provisions in their constitutions. This is because it ‘constitutes a common
standard of achievement for all people and all nations’. Its preamble says that ‘recognition of
the inherent dignity and of the equal and inalienable rights of all members of the human family
is the foundation of freedom, justice and peace in the world’.

International Bill of Human Rights

The charter of Universal Declaration of Human Rights, concedes the basic human rights to all
human beings. It indeed is the most valuable document regarding human rights and has ever
since influenced the basis of many national and international laws for upholding human rights
all over the world.Interestingly, the content of the provisions contained in the UDHR elucidating
civil and political rights as well as economic, social and cultural rights, took many years to
complete. It was on 16 December 1966, the United Nations General Assembly adopted two
covenants – the International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights (ICESCR), and an Optional
Protocol to the ICCPR, allowing for complaints to be made by individuals on violations of their
rights embodied in the covenant. In adopting these instruments, the international community
not only agreed on the content of each right set forth within the Declaration, but also on
measures for their implementation. A further elaboration took place when, in December 1989,
the Second Optional Protocol to the ICCPR, aimed at abolishing the death penalty, was adopted
by the General Assembly. The UDHR, the ICESCR, the ICCPR and its two Optional Protocols
constitute the International Bill of Rights.

Impertinency of Human Right

Interest and awareness of human rights has grown in recent decades. In 1948, the
United Nations released the Universal Declaration of Human Rights, which has become
the most important document of what should be considered the standard for basic
equality and human dignity. Why do human rights matter? Here are ten specific
reasons:

1: Human rights ensure people have basic needs met

Everyone needs access to medicine, food and water, clothes, and shelter. By including
these in a person’s basic human rights, everyone has a baseline level of dignity.
Unfortunately, there are still millions of people out there who don’t have these
necessities, but saying it’s a matter of human rights allows activists and others to work
towards getting those for everyone.

2: Human rights protect vulnerable groups from abuse

The Declaration of Human Rights was created largely because of the Holocaust and the
horrors of WII. During that time in history, the most vulnerable in society were targeted
along with the Jewish population, including those with disabilities and
LGBT. Organizations concerned with human rights focus on members of society most
vulnerable to abuse from powerholders, instead of ignoring them.
3: Human rights allow people to stand up to societal corruption
The concept of human rights allows people to speak up when they experience abuse
and corruption. This is why specific rights like the right to assemble are so crucial
because no society is perfect. The concept of human rights empowers people and tells
them that they deserve dignity from society, whether it’s the government or their work
environment. When they don’t receive it, they can stand up.

4: Human rights encourage freedom of speech and expression

While similar to what you just read above, being able to speak freely without fear of
brutal reprisal is more expansive. It encompasses ideas and forms of expression that
not everybody will like or agree with, but no one should ever feel like they are going to
be in danger from their government because of what they think. It goes both ways, too,
and protects people who want to debate or argue with certain ideas expressed in their
society.
5: Human rights give people the freedom to practice their religion (or not practice any)
Religious violence and oppression occur over and over again all across history, from the
Crusades to the Holocaust to modern terrorism in the name of religion. Human rights
acknowledges the importance of a person’s religion and spiritual beliefs, and lets them
practice in peace. The freedom to not hold to a religion is also a human right.
6: Human rights allows people to love who they choose
The importance of freedom to love cannot be understated. Being able to choose what
one’s romantic life looks like is an essential human right. The consequences of not
protecting this right are clear when you look at countries where LGBT people are
oppressed and abused, or where women are forced into marriages they don’t want.

7: Human rights encourage equal work opportunities

The right to work and make a living allows people to flourish in their society. Without
acknowledging that the work environment can be biased or downright oppressive,
people find themselves enduring abuse or insufficient opportunities. The concept of
human rights provides a guide for how workers should be treated and encourages
equality.

8: Human rights give people access to education

Education is important for so many reasons and is crucial for societies where poverty is
common. Organizations and governments concerned with human rights provide access
to schooling, supplies, and more in order to halt the cycle of poverty. Seeing education
as a right means everyone can get access, not just the elite.

9: Human rights protect the environment

The marriage between human rights and environmentalism is becoming stronger due to
climate change and the effects it has on people. We live in the world, we need the land,
so it makes sense that what happens to the environment impacts humanity. The right to
clean air, clean soil, and clean water are all as important as the other rights included in
this list.

10: Human rights provide a universal standard that holds governments accountable
When the UDHR was released, it had a two-fold purpose: provide a guideline for the
future and force the world to acknowledge that during WWII, human rights had been
violated on a massive scale. With a standard for what is a human right, governments
can be held accountable for their actions. There’s power in naming an injustice and
pointing to a precedent, which makes the UDHR and other human right documents so
important.

Classifications of Human Rights Or generations of Human Rights.

When human rights are being discussed, they are often divided up into three categories
called generations. A reflection of the three generations of human rights can be seen in
the popular phrase of the French Revolution: liberté, egalité, fraternité. These
generations of human rights were first formally established by Karel Vasak, a Czech
jurist, in 1979. This division of the types of human rights helps improve conversations
about rights, especially those involving legislation and the role that governments play in
human rights.
The First Generation: Liberté
The first generation of human rights encompasses an individual’s civil and political
rights. First generation rights can be divided into two sub-categories. The first sub-
category relates to norms of “physical and civil security.” This includes not committing
acts of torture, slavery, or treating people inhumanely. The second sub-category relates
to norms of “civil-political liberties or empowerments.” This includes rights such as
freedom of religion and the right to political participation.

First generation rights are based around the rights of the individual person and are often
the focus of conversations about human rights in western countries. They became a
priority for western nations during the Cold War. Some documents that focus on first
generation rights are the United States Bill of Rights and Articles 3 through 21 of
the Universal Declaration of Human Rights (UDHR).
The Second Generation: Égalité
The second generation of human rights encompasses socio-economic rights. Second
generation rights can also be divided into two sub-categories. The first sub-category
relates to norms of the fulfillment of basic needs, such as nutrition and healthcare. The
second sub-category relates to norms of the fulfillment of “economic needs.” This
includes fair wages and sufficient standards of living.

Second generation rights are based on establishing equal conditions. They were often
resisted by western nations during the Cold War, as they were perceived as “socialist
notions.” The International Covenant on Economic, Social, and Cultural Rights and
Articles 22 through 27 of the UDHR focus on these rights.
Prior to the fall of the Berlin Wall, first and second generation rights were considered to
be divided by the responsibility they place on governments. First generation human
rights were looked at as being a “negative obligation,” which means that they place a
responsibility on governments to ensure that the fulfillment of those rights is not being
impeded. Second generation human rights were viewed as being a “positive
obligation,” which means that they place a responsibility on governments to actively
ensure that those rights are in fact fulfilled. After the Berlin Wall fell, perspectives
shifted to see governments as having the responsibility to “respect, protect, promote
and fulfill” these rights.
The Third Generation: Fraternité
The third generation of human rights encompasses broad class rights. Third generation
rights can be divided into sub-categories as well. The first sub-category relates to “the
self-determination of peoples” and includes different aspects of community development
and political status. The second sub-category is related to the rights of ethnic and
religious minorities.

Third generation rights are often found in agreements that are classified as “soft law,”
which means they are not legally binding. Some examples of these agreements include
the UDHR and the 1992 Rio Declaration on Environment and Development. This
generation of rights is challenged more often than the first and second generations, but
it is being increasingly acknowledged on an international level. These rights started
gaining acknowledgement as a result of “growing globalization and a heightened
awareness of overlapping global concerns” such as extreme poverty.
Overall, recognizing the differences between each generation of rights can help us to
better understand how broad the field of human rights is and how varied the issues
involved truly are. Each kind of right is best fulfilled through the use of different forms of
legislation, and recognizing the different generations of rights can improve our ability to
identify the what type of legislation is best suited for dealing with a particular issue.

Unit-II
Universal Declaration of Human Rights

Preamble
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have
outraged the conscience of mankind, and the advent of a world in which human beings shall
enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the
highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to
have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights
should be protected by the rule of law, Whereas it is essential to promote the development of
friendly relations between nations, Whereas the peoples of the United Nations have in the
Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the
human person and in the equal rights of men and women and have determined to promote social
progress and better standards of life in larger freedom, Whereas Member States have pledged
themselves to achieve, in cooperation with the United Nations, the promotion of universal
respect for and observance of human rights and fundamental freedoms, Whereas a common
understanding of these rights and freedoms is of the greatest importance for the full realization of
this pledge, Now, therefore, The General Assembly, Proclaims this Universal Declaration of
Human Rights as a common standard of achievement for all peoples and all nations, to the end
that every individual and every organ of society, keeping this Declaration constantly in mind,
shall strive by teaching and education to promote respect for these rights and freedoms and by
progressive measures, national and international, to secure their universal and effective
recognition and observance, both among the peoples of Member States themselves and among
the peoples of territories under their jurisdiction.

Article I
All human beings are born free and equal in dignity and rights. They are endowed with reason
and conscience and should act towards one another in a spirit of brotherhood.
Article 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration, 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. Furthermore, no distinction shall be made
on the basis of the political, jurisdictional or international status of the country or territory to
which a person belongs, whether it be independent, trust, non-self-governing or under any other
limitation of sovereignty.
Article 3
Everyone has the right to life, liberty and the security of person.
Article 4
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all
their forms.
Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6
Everyone has the right to recognition everywhere as a person before the law.
Article 7
All are equal before the law and are entitled without any discrimination to equal protection of
the law. All are entitled to equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.
Article 8
Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by law.
Article 9
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial
tribunal, in the determination of his rights and obligations and of any criminal charge against
him.
Article 11
1.Everyone charged with a penal offence has the right to be presumed innocent until proved
guilty according to law in a public trial at which he has had all the guarantees necessary for his
defence
2. No one shall be held guilty of any penal offence on account of any act or omission which did
not constitute a penal offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time
the penal offence was committed.
Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.
Article 13
 1. Everyone has the right to freedom of movement and residence within the borders of each
State. 2. Everyone has the right to leave any country, including his own, and to return to his
country.
Article 14
1. Everyone has the right to seek and to enjoy in other countries asylum from persecution. 2.
This right may not be invoked in the case of prosecutions genuinely arising from non-political
crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15
1. Everyone has the right to a nationality. 2. No one shall be arbitrarily deprived of his
nationality nor denied the right to change his nationality.
Article 16
1. Men and women of full age, without any limitation due to race, nationality or religion, have
the right to marry and to found a family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution. 2. Marriage shall be entered into only with the free and full
consent of the intending spouses. 3. The family is the natural and fundamental group unit of
society and is entitled to protection by society and the State.
Article 17
1. Everyone has the right to own property alone as well as in association with others. 2. No one
shall be arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in teaching, practice, worship and
observance.
Article 19
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold
opinions without interference and to seek, receive and impart information and ideas through any
media and regardless of frontiers.
Article 20
1. Everyone has the right to freedom of peaceful assembly and association. 2. No one may be
compelled to belong to an association.
Article 21
1. Everyone has the right to take part in the government of his country, directly or through freely
chosen representatives. 2. Everyone has the right to equal access to public service in his country.
3. The will of the people shall be the basis of the authority of government; this will shall be
expressed in periodic and genuine elections which shall be by universal and equal suffrage and
shall be held by secret vote or by equivalent free voting procedures.
Article 22
Everyone, as a member of society, has the right to social security and is entitled to realization,
through national effort and international co-operation and in accordance with the organization
and resources of each State, of the economic, social and cultural rights indispensable for his
dignity and the free development of his personality.
Article 23
1. Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment. 2. Everyone, without any
discrimination, has the right to equal pay for equal work. 3. Everyone who works has the right to
just and favourable remuneration ensuring for himself and his family an existence worthy of
human dignity, and supplemented, if necessary, by other means of social protection. 4. Everyone
has the right to form and to join trade unions for the protection of his interests.
Article 24
Everyone has the right to rest and leisure, including reasonable limitation of working hours and
periodic holidays with pay.
Article 25
1. Everyone has the right to a standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, housing and medical care and necessary
social services, and the right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his control. 2.
Motherhood and childhood are entitled to special care and assistance. All children, whether born
in or out of wedlock, shall enjoy the same social protection
. Article 26
1. Everyone has the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory. Technical and professional
education shall be made generally available and higher education shall be equally accessible to
all on the basis of merit. 2. Education shall be directed to the full development of the human
personality and to the strengthening of respect for human rights and fundamental freedoms. It
shall promote understanding, tolerance and friendship among all nations, racial or religious
groups, and shall further the activities of the United Nations for the maintenance of peace. 3.
Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27
1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the
arts and to share in scientific advancement and its benefits. 2. Everyone has the right to the
protection of the moral and material interests resulting from any scientific, literary or artistic
production of which he is the author.
Article 28
Everyone is entitled to a social and international order in which the rights and freedoms set forth
in this Declaration can be fully realized.
Article 29
1. Everyone has duties to the community in which alone the free and full development of his
personality is possible. 2. In the exercise of his rights and freedoms, everyone shall be subject
only to such limitations as are determined by law solely for the purpose of securing due
recognition and respect for the rights and freedoms of others and of meeting the just
requirements of morality, public order and the general welfare in a democratic society. 3. These
rights and freedoms may in no case be exercised contrary to the purposes and principles of the
United Nations.
Article 30
Nothing in this Declaration may be interpreted as implying for any State, group or person any
right to engage in any activity or to perform any act aimed at the destruction of any of the rights
and freedoms set forth herein.