The position of an individuals in a state can be defined through the rights only. Rights are necessary conditions for the personal, social, economic, political, mental and moral development of an individual. They are not only required for the development of man but are necessary for the development of society and social value. A right is a claim of an individual, and a political and social recognition. Rights have a moral character and are bound up with duties. One’s right implies one’s or other’s duty. Rights should be used for social good. Rights are broadly classified into Moral Rights, Legal Rights, Civil Rights, Political Rights, Economic Rights, and Human Rights.
Human Rights are defined as the rights which every human being is entitled to enjoy and to have protected. Some of the rights and principles are considered universal in nature. The idea of human rights came out of Natural Rights. Human Rights are the part of Old Natural Rights. Human rights do not make any discrimination about race, religion, sex, language, etc. Human rights are also known as Fundamental Rights. Human rights are related to peace, development, and humanitarianism. The purpose of rights are welfare and betterment of an individual.
Sec 2(d) of The Protection of Human Rights Act, 1993; defines Human Rights as, Rights relating to life, equality and dignity of the individual guaranteed by the Constitution or embodied in the international covenant and enforceable by courts in India.
HISTORY OF HUMAN RIGHTS
The history behind the concept of human rights is a long one. Throughout the centuries, religions and cultures have struggled for rights and justice. The treaty that established the UN gives as one of its purposes to reaffirm faith in fundamental human rights. In 1948, the UN General Assembly adopted the Universal Declaration of Human Rights. This document, written by an international committee chaired by Eleanor Roosevelt includes the basis for modern international human rights law. Human Rights Law are constantly evolving as are our views and definition of what the basic human rights should be.
United Nations has made the Universal Declaration of Human Rights in 1948. It is a document that talks about basic human rights, rights that all people have just because they are human. Before 1948, when there were no rights to human; there were many problems like –
1. War/ Conflict
3. Discrimination and Racism
4. Arbitrary Arrest
5. Dictatorship, I.e., Absence of Democracy
To get out of all these problems, Human Rights were developed. Human Rights includes, Right to Life, Right to freedom, right to justice & equality. All people are equal whatever their differences are. Right to health care, right to marry and have a family, right to education, right to work or have a job, right to home or shelter, right to freedom of expression, right to choose religion, right to own a property and right to vote. These all were some of the basic rights that belongs to every person in the world, from birth until death. They can never be taken away, although they can sometimes be restricted.
IMPORTANT CONCEPT OF HUMAN RIGHTS
MAGNA CARTA – It is also known as Great Charter. It is a charter of rights agreed by King John of England on 15th June, 1215. It was to make peace between unpopular kings and a group of people. It also promised the protection of church rights.
THE VIRGINIA DECLARATION, 1776 – This declaration specified number of fundamental rights. It also declared that all men are by nature equally free and independent and have certain inherent rights.
UNIVERSAL DECLARATION OF HUMAN RIGHTS, 1948 – It was adopted by United Nations General Assembly. It is a document that sets out for the first time, Fundamental Human Rights to be universally protected.
INTERNATIONAL COVENANTS, 1966 – The United Nations General Assembly adopted two convenants on 16 December, 1966
1. The international covenant on Civil and Political Rights (ICCPR)
2. International covenant on Economic, Social and Cultural Rights (ICESCR)
INTERNATIONAL BILL OF RIGHTS – The Universal declaration of Human Rights, The international covenant on Civil and Political Rights (ICCPR), International covenant on Economic, Social and Cultural Rights (ICESCR) and its two optional protocols collectively knowns as International Bill of Rights.
CHARACTERISTICS OF HUMAN RIGHTS: -
· Human Rights are essential and necessary
· Human Rights are inalienable
· Human Rights are in connection with human dignity
· Human Rights are irrevocable
· Human Rights are necessary for the fulfilment of purpose of life
· Human Rights are Universal
· Human Rights are absolute
· Human Rights are dynamic.
HUMAN RIGHTS DAY
Human Rights Day is celebrated annually across the world on 10 December every year. On this day the United Nations General Assembly adopted, in 1948, the Universal Declaration of Human Rights (UDHR).
The day proclaims the basic rights everyone is inherently entitled to as a human being irrespective of race, colour, religion, sex, language, political or other opinion, national or social origin, property, birth or other status. UN Human Rights generic call to action “Stand Up for Human rights”, they aim to engage the general public.
OBJECTIVE OF HUMAN RIGHTS
The object of Human Rights is to make people feel protected. To develop each individual’s identity, self-respect and value human dignity of all people. The main objective of giving people fundamental rights is to promote respect, understanding and appreciation of diversity. It also aims to promote Democracy and Social equality and Justice.
Author - KIRAN ISRANI
Student of BACL, Nagpur
Content Writer at LLF