Human rights

Introduction to Human rights

What are Human Rights?

Every person has dignity and value. One of the

ways that we recognise the fundamental worth
of every person is by acknowledging and
respecting their human rights.
Human rights are a set of principles
concerned with equality and fairness. They
recognise our freedom to make choices about
our lives and to develop our potential as
human beings. They are about living a life free
from fear, harassment or discrimination.
 HR
Human rights can broadly be defined as a number of
basic rights that people from around the world have
agreed are essential. These include the right to life,
the right to a fair trial, freedom from torture and
other cruel and inhuman treatment, freedom of
speech, freedom of religion, and the rights to health,
education and an adequate standard of living.
These human rights are the same for all people
everywhere – men and women, young and old, rich
and poor, regardless of our background, where we
live, what we think or what we believe. This is what
makes human rights ‘universal’.
Defination
Dr. Justice 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”
Durga Das Basu’s definition brings out the
essence of human rights
Defination
 The Universal Declaration of Human Rights
(UDHR), 1948, 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.
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.
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.
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.
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.
CHECK YOUR PROGRESS
1. Define Human Rights.
2. In what different ways are human rights
referred to?
3. Why is it said that human rights are
dynamic?