According to sec. 2(d) of the protection of human rights act,1993 ”human rights” means ”the rights relating to life, liberty, equality, the dignity of the individual guaranteed by the constitution or embodied in the international covenants and enforceable by the court in India”.
Human rights are those rights under which a person lives his life without any discrimination of creed, caste, gender, the economic status they belong to. Human rights can be defined as actions that involve principles or norms that are morally right and are governed by some kind of law or stature.
On the individual level, human rights are considered very important for the overall development of any country. the foundation of modern human rights is the universal declaration of human rights. the 30 articles of the declaration were adopted by the united nations general assembly in 1948.
Human rights are those rights that cannot be taken from others. human rights are rights that demand compassion and respect for others without discrimination.
Concept of human rights
Magna carte:
Magna Carta also known as ‘’great charter’’, is a charter of rights agreed to by king john in England, on 15th June 1215, to make peace between the unpopular King and a group of people, it promised the protection of the church rights.
Petition of rights,1628:
A statement of civil liberties sent by the English parliament o Charles 1. Human rights were improved or enhanced in the petition.
The bill of rights,1689:
Is a landmark act in the constitutional law of England that sets out certain basic civil rights.
The Virginia declaration,1776:
This declaration specified the number of fundamental rights of man. The Virginia declaration of rights affirmed that all men are by nature equally free and independent and have certain inherent rights.
Constitution of USA 1787:
Constitution of USA 1787 with amendments in 1789,1869 and 1919 Specified the number of fundamental rights of man.
The French declaration,1789: Inspired by the American declaration of independence, the newly formed national assembly proclaimed the declaration of the rights of men and citizens.
Universal declaration of human rights 1948:
This is a historic document that was adopted by the united nations general assembly, UDHR is a milestone document in the history of human rights, it sets out, for the first time, fundamental human rights to be universally protected.
International Covenants 1996:
The united nations general assembly adopted two covenants on 16th Dec. 1966, the international covenant on civil and political rights(ICCPR)and the International covenant on economic, social, and cultural rights( ICESCR)
Why are human rights considered so important?
In the year 539 BC, the United Nations points to the origin of human rights. When Cyrus’ army won the Battle of Babylon, Cyrus freed the slaves, said that everyone had the right to choose their religion, and established equality of race.
History is witness that not knowing how many cruel kings divided human beings into classes by giving them their religion, caste, creed. Because human rights did not exist at that time, at that time respect was given only to high people of society.
Many people were killed in the past time for to raise the voice of freedom. The oppressed people of that time gathered together and demanded human rights in 1948.
This is by far the most important step in maintaining a normal life and what constitutes the natural liberty of the people. If you are a part of society then you need to know your rights.
Human rights are essential to the people as they also guarantee to provide the necessary means for life and education so that they can take full advantage of all opportunities.
freedom of expression is considered the most important human right in the United States. The right to free schooling and low-cost healthcare is considered a priority in most countries.
In some countries, the right to vote is considered the most important human right. Here we are telling some such rights which we get under human rights.
- Human rights ensure that a person can fulfill his basic needs like clothes, water, food, and shelter.
- Human rights allow a person to live freely without any force.
- It encourages people in freedom of speech and expression.
- A person is free to follow his religion or follow anyone.
- Everyone has the right to education, irrespective of their religion, caste, or gender.
- Human rights help to protect vulnerable groups in society who have been affected in the past.
What happens if human rights are violated?
Human right is the boon of all persons by which a person can get justice, freedom without any discrimination. If any person feels that his fundamental rights are being violated, he/she can make a case by using Articles 32 and 226 of the Indian Constitution.
NATURE OF HUMAN RIGHTS
Human rights are inalienable
Human rights are inherent in all individuals irrespective of their caste, creed, religion and sex, and nationality.
Human rights are essential
Human rights are very necessary for our life because without human rights moral, physical, social, and spiritual welfare of an individual is impossible.
Human rights relation with human dignity
To treat another individual with dignity irrespective of the fact that the person is male or female, rich or poor, etc. is concerned with human dignity.
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.
Human rights are necessary for the fulfillment of the purpose of life
Human rights are real rights that can not take away by the government or any other person. human rights are sacrosanct, inviolable, and immutable.
Human rights are Universal
Human rights are not a monopoly of any privileged class of people. human rights are based on divinity, dignity, and equality which form the basis of their rights are inherent in human nature.
Human rights are dynamic
Human rights are not static, they are dynamic. human rights go on expanding with socio-eco-cultural and political development within the state.
Object of Human rights
- To develop individual self-respect
- human dignity
- To protect human beings
- To promote democracy, social justice, and friendship among people and nations.
- Evolution of human rights
Classification of human rights
Civil and Political rights
Rights contained in the covenants of civil and political come under this category that sees their origin in the 13th century in Magna Carta.
E,g: Right to life, liberty, right to privacy, right to freedom from torture and inhuman treatment.
Economic and social rights
These rights refer to economic and social rights which are considered to have been originated in the Russian revolution of 1917 and the Paris peace conference of 1919.
E.g: Food, clothes, a House and an adequate standard of living and freedom from hunger, etc.
Collective rights
Individuals are also members of such units, groups or communities, and states, therefore, international law not only recognizes the inalienable rights of individuals but also recognizes certain collective rights.
E.g: the Right to self-determination, rights to peace and development, etc.
Sources of Human rights
- Universal declaration of human rights
- Judicial decision
- Official documents
- International customs
- International treaties and conventions