Human Rights

Human rights refer to the "basic rights and freedoms to which all
humans are entitled.

It is the inherent rights of a man.

"Inalienable fundamental rights to which a person is inherently

entitled simply because she or he is a human being.

Human rights include civil and political rights, such as the right to
life and liberty, freedom of expression, and equality before the law;
and social, cultural and economic rights, including the right to
participate in culture, the right to food, the right to work, and the
right to education.

Definitions of Human Rights

According to Jeremy Bentham, human rights refer to the basic

rights and freedoms that all humans should have the right to life and
liberty, freedom of thought and expression, equality before the law.

Admi Hedly points out that, Human rights are as simply those, most
political claims which by contemporary consensus, every human
being has deemed to have upon his society and government.

In the words of Abraham Lincoin, nation conceived in liberty, and

dedicated to the proposition that all man are created equal

Characteristics of Human Rights

Human Rights are universal legal guarantees protecting individuals and
groups against actions which interfere with fundamental freedoms and
human dignity. Some of the most important characteristics of human
rights are that they are:

Human Rights are Guaranteed by international standards and the

state

Human Rights are legally protected

Human Rights are focus on the dignity of the human being

Human Rights force states and state actors

Human Rights cannot be ignored or taken away

Human Rights are Interdependent and interrelated

Human Rights are universal

Human Rights are available not only to a few person but to all

Human Rights are not rigid and have a tendency to grow according
to the circumstances

Human Rights are not absolute to reasonable restrictions in the

larger interest of the society

A state does not create rights, it merely recognizes them.

Human Rights Principles

Human

rights

are

universal

and

inalienable;

indivisible;

interdependent and interrelated.

They 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.

Inalienable because peoples rights can never be taken away.

Indivisible and interdependent because all rights political, civil,

social, cultural and economic are equal in importance and none
can be fully enjoyed without the others.

They apply to all equally, and all have the right to participate in
decisions that affect their lives.

They are upheld by the rule of law and strengthened through

legitimate

claims

for

duty-bearers

to

be

accountable

to

international standards.

1. Universality and Inalienability: Human rights are universal and

inalienable. All people everywhere in the world are entitled to them. 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.

2. Indivisibility: Human rights are indivisible. Whether they relate to

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 enjoyment of other rights.
Thus, the right of everyone to an adequate standard of living cannot be
compromised at the expense of other rights, such as the right to health
or the right to education.
Interdependence and Interrelatedness: Human rights are interdependent
and interrelated. Each one contributes to the realization of a persons
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, fulfilment of the right to health may depend, in certain
circumstances, on fulfilment of the right to development, to education or
to information.

3. Equality and Non-discrimination: All individuals are equal as

human beings and by virtue of the inherent dignity of each human
person. No one, therefore, should suffer discrimination on the basis 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 as established by human rights
standards.

4. Participation and Inclusion: All people have the right to participate

in and access information relating to the decision-making processes that
affect their lives and well-being. Rights-based approaches require a high
degree of participation by communities, civil society, minorities, women,
young people, indigenous peoples and other identified groups.

5. Accountability and Rule of Law: 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. Where they fail to do so, aggrieved rightsholders 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. Individuals, the media, civil
society and the international community play important roles in holding
governments accountable for their obligation to uphold human rights.

Theories of Human Rights

The Theory of Natural Rights

One of the oldest theory having origins from the writings of Greek
and Roman

Natural rights are frequently described as God-given, and as such

provide a protection against governments tendency to become
authoritarian.

Natural rights have been seen as gifts of God, as correlative to

duties imposed on man by God, and as concomitants of human

nature or reason. We might distinguish: (1) natural rights; (2)

moral rights; and (3) legal rights.

Human beings are granted upon creation certain rights that they
are guaranteed regardless of what their government is, and they
are (always) life and liberty and usually property as well.

Historical Theory

The Historical theory of Human Rights deals with the creation

and development of the theories of human rights in different
periods.

The theory also speaks about the protection human rights in

Islam and Christian religions in ancient and middle ages periods.

According to the theory, human rights is a manifestation of

social history and it was long delayed

in the cultural history

of humanity for perceiving the social values of human rights.

Legal Theory

Legal rights are those bestowed onto a person by the law of a

particular political and legal system, and therefore relative to
specific cultures and governments.

This theory deals with matters which are vital to life

It is more idealistic

Social Welfare Theory

The Social Welfare Theory holds that rights are conditions of social
welfare.

They are the creation of society, and law, customs, traditions and
the natural rights should all yield to what is socially useful or
socially desirable.

The Utilitarians, Bentham and Mill, are the real exponents of the
Social Welfare Theory of Rights. They set up the principle of the
greatest happiness of the greatest number and made it the
criterion of utility.

Idealist Theory

The Idealistic Theory of Rights is also known as the Personality

Theory.

According to this theory, rights are the external conditions

essential to mans internal and real development.

The Idealistic Theory of Rights appeals to the moral and

democratic mind of man, as it relates rights to morality rather
than legality.

Secondly, it does not subordinate the self-development of man to

the social whole. Both act and react upon each other.

Classification of Human Rights

Human rights can be classified in a number of different ways. One of the
most widely used classifications distinguishes two general categories:
They are (1) and (2) Legal Rights. The legal rights are further subdivided
into Civil and Political Rights.

Human
Rights

Moral
Rights

Legal
Rights

Civil Rights

Economic
Rights

Social
Rights

Cultural
Rights

Funda
mental
Rights

Political
Rights

1. Moral Rights
Natural rights, also called moral rights or unchallengeable rights, are
rights which are not dependent upon the laws, customs, or beliefs or a
particular society or government. These rights are based on the ethical
and moral section of the society and do not possess any legal backing.
This implies that they cannot be enforced through the law of courts.

2. Legal Rights
These rights are recognized by the state and can be enforced through the
law of courts. Legal rights or Statutory Rights are rights conveyed by a

particular government, codified into legal statutes by some form of

legislature, and as such are contingent upon local laws, customs, or
beliefs. Legal rights are culturally and politically relative. The legal rights
can be further divided into Civil and Political rights.
Civil and Political Rights
Civil and political rights are a class of rights ensuring things such as
the protection of peoples' physical integrity; procedural fairness in law;
protection from discrimination based on gender, religion, race, sexual
orientation, etc; individual freedom of belief, speech, association, and the
press; and political participation. Civil and political rights are included in
the Universal Declaration of Human Rights and elaborated upon in the
International Covenant on Civil and Political Rights.

2. (A). Civil Rights

It provides conditions of a civilized life and facilitates the all round
development of an individuals personality. Civil rights are considered to
be unquestionable and enforced by the law; deserved by all people under
all circumstances, especially without regard to race, creed, color or
gender.
2. (B) Political Rights
The political rights are the privileges of citizens when enable to
participate in the political affairs of the state. Mostly political rights are
available under democratic system of government.
Economic, Social and Cultural Rights
Economic, social and cultural rights are socio-economic human rights;
contrast with civil and political rights. Economic, social and cultural
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rights are included in the Universal Declaration of Human Rights and

elaborated upon in the International Covenant on Economic, Social and
Cultural Rights. Examples of such rights include the right to food, the
right to housing and the right to health.

Fundamental Rights
Fundamental Rights governs the relationship between the state and the
individuals. These Fundamental Rights are covered in Part III of the
Indian Constitution, in which Article 12 to 35 of the Indian Constitution
covers the Fundamental Rights of the citizen of the country. All these
Fundamental Rights indicate that all the citizens are equally treated by
the nation irrespective of caste, sex and creed. Some of the fundamental
rights are Right to Equality, Right to Freedom, Right against exploitation,
Right to Freedom of Religion.

The Universal Declaration of Human Rights (UDHR)

What is UDHR?

The Universal Declaration of Human Rights (Universal Declaration)

is an international document that states the basic rights and
fundamental freedoms to which all human beings are entitled.

The Universal Declaration is not a treaty, so it does not directly

create legal obligations for countries.

It is an expression of the fundamental values which are shared by

all members of the international community.

And it has had a profound influence on the development of

international human rights law and it has become binding as a
part of customary international law.

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The Universal Declaration has given rise to a wide range of other

international

agreements

which

are

legally

binding

on

the

countries that ratify them.

The Universal Declaration was adopted by the General Assembly of

the United Nations on 10 December 1948. Motivated by the
experiences of the preceding world wars, the Universal Declaration
was the first time that countries agreed on a comprehensive
statement of inalienable human rights.

Importance of UDHR

The Universal Declaration creates a standard of human rights

respect that all the world's nations must uphold.

The Declaration broadly defines basic human rights, prohibiting

governments from resorting to certain actions in their efforts to
coerce or control people.

It also presents positive steps that governments should take to

advance people's well-being and to ensure that all people are able
to exercise their rights.

The Declaration prepared the way for two legally binding treaties,
the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights.
Together, the Declaration and the Covenants based on it constitute
the "International Bill of Rights."

The Universal Declaration continues to serve as a model for

national constitutions, laws, and policies. Provisions of some 90
national constitutions drafted since 1948 can be traced to the
Declaration.

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In addition, the principles of the Declaration are increasingly

evident

in

governments'

foreign

policy

decisions,

including

decisions on aid packages directed abroad. Violating human rights

can prove costly to governments.

Text of the Declaration

Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Article 30

Equality of Human Being

No Discrimination on any grounds
Right to life, liberty and security
No one shall be in slavery or servitude
No one shall be subjected to inhuman or degrading treatment or
punishment
Everyone has the right to recognition
All are equal before the law
Everyone has the right to an effective remedy
No one shall be subjected to arbitrary arrest, detention or exile.
Everyone is entitled in full equality to a fair and public hearing
Right to be presumed innocent until proved guilty
Right to privacy, family, home
Right to freedom of movement
Right to seek and to enjoy in other countries
Right to a nationality.
Rights to marriage
Right to own property
Right to freedom of thought, conscience and religion
Right to freedom of opinion and expression
Right to freedom of peaceful assembly and association
Right to take part in the government of his country
Right to social security
Right to work, to free choice of employment
Right to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay
Right to a standard of living
Right to education
Right to freely participate in the cultural life of the community
Rights and freedoms to realize this Declaration
Duties to the community in which alone the free and full
development of his personality is possible.
Promise to enforce this declaration

Significance and Legal Effect of the Universal Declaration of Human

Rights

Significance

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The Guinness Book of Records describes the UDHR as the "Most

Translated Document" in the world.

In the preamble, governments commit themselves and their people

to progressive measures which secure the universal and effective
recognition and observance of the human rights set out in the
Declaration.

It has also served as the foundation for a growing number of

national laws, international laws, and treaties, as well as regional,
national, and sub-national institutions protecting and promoting
human rights.

Legal effect
The Declaration was explicitly adopted for the purpose of defining
the meaning of the words "fundamental freedoms" and "human
rights" appearing in the United Nations Charter, which is binding
on all member states. For this reason the Universal Declaration is
a fundamental constitutive document of the United Nations.

Many international lawyers believe that the Declaration forms part

of customary international law and is a powerful tool in applying
diplomatic and moral pressure to governments that violate any of
its articles.

The 1968 United Nations International Conference on Human

Rights advised that it "constitutes an obligation for the members of
the international community" to all persons.

The declaration has served as the foundation for two binding UN

human rights covenants, the International Covenant on Civil
13

and Political Rights, and the International Covenant on

Economic, Social and Cultural Rights and the principles of the
Declaration are elaborated in international treaties such as the
International Convention on the Elimination of All Forms of Racial
Discrimination, the International Convention on the Elimination of
Discrimination Against Women, the United Nations Convention on
the Rights of the Child, the United Nations Convention Against
Torture and many more.

The Declaration continues to be widely cited by governments,

academics, advocates and constitutional courts and individual
human beings who appeal to its principles for the protection of
their recognized human rights.

Criticism on the Universal Declaration of Human Rights

1. Muslim countries

In 1948, Saudi Arabia did not sign the declaration, arguing it

violated Islamic law.

In 1982, the Iranian representative to the United Nations, said that

the UDHR was "a secular understanding of the Judeo-Christian
tradition", which could not be implemented by Muslims without
trespassing the Islamic law.

2. The Right to Refuse to Kill

14

Groups

such

as

Amnesty

International

and

War

Resisters

International have advocated for "The Right to Refuse to Kill" to be

added to the UDHR.

War

Resisters

International

has

stated

that

the

right

to

conscientious objection to military service is primarily derived

from, but not yet explicit in, Article 18 the UDHR: the right to
freedom of thought, conscience and religion.
International Bill of Human Rights
The International Bill of Human Rights is an informal name given to two
international treaties and one General Assembly resolution established
by the United Nations. It consists of the Universal Declaration of Human
Rights (adopted in 1948), the International Covenant on Civil and
Political Rights (1966) with its two Optional Protocols and the
International Covenant on Economic, Social and Cultural Rights (1966).
The two covenants entered into force in 1976, after a sufficient number of
countries had ratified them.

International Covenant (Agreement) on Economic, Social

and Cultural Rights

The International Covenant on Economic, Social and Cultural

Rights (ICESCR) is a multilateral agreement adopted by the United
Nations General Assembly on December 16, 1966, and in force from
January 3, 1976.

15

The International Covenant on Economic, Social and Cultural Rights

entered into force on 3 January 1976.

It commits states parties to promote and protect a wide range of

economic, social and cultural rights, including rights relating to work
in just and favourable conditions, to social protection, to an adequate
standard of living, to the highest attainable standards of physical and
mental health, to education and to enjoyment of the benefits of
cultural freedom and scientific progress.

It obliges states parties to respect and ensure that all individuals

subject to their jurisdiction enjoy all the rights included in the
ICESCR, without discrimination.

Important Aspects of the Covenant

This covenant describes the basic economic, social, and cultural rights of
individuals and nations, including the right to:

Self-determination

Wages sufficient to support a minimum standard of living

Equal pay for equal work

Equal opportunity for advancement

Form trade unions

Strike

Paid or otherwise compensated maternity leave

Free primary education, and accessible education at all levels

Copyright, patent, and trademark protection for intellectual

property

In addition, this convention forbids exploitation of children, and requires

all nations to cooperate to end world hunger. Each nation which has
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ratified this covenant is required to submit annual reports on its

progress in providing for these rights to the Secretary General, who is to
transmit them to the Economic and Social Council.
Origin
ICESCR has its roots in the same process that led to the Universal
Declaration of Human Rights. A "Declaration on the Essential Rights of
Man" had been proposed at the 1945 San Francisco Conference which
led to the founding of the United Nations, and the Economic and Social
Council was given the task of drafting it. Early on in the process, the
document was split into a declaration setting forth general principles of
human rights, and a convention or covenant containing binding
commitments.
The first document became the International Covenant on Civil and
Political Rights, and the second the International Covenant on Economic,
Social and Cultural Rights. The drafts were presented to the UN General
Assembly for discussion in 1954, and adopted in 1966

A) Summary of ICESCR
Article 2 guarantees to all individuals, within a State partys territory
and subject to its jurisdiction, that the rights enshrined in the ICCPR
will be respected and ensured 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;

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Article 3 guarantees the equal right of men and women to enjoy all the
civil and political rights contained in the Covenant.
Article 6 the right to life

Freedom from torture (article 7)

The right to liberty and security of person (article 9)
The rights of detainees (article 10)
The right to a fair trial (article 14)
The right to privacy (article 17)
Freedom of religion (article 18)
Freedom of expression (article 19)
The right to political participation (article 25)
Equality before the law (article 26)
And the protection of minorities (article 27)
If any of the rights or freedoms recognized within the ICCPR are
violated a person must have access to an effective remedy (article
2[3][a]).

B) Core Provisions of ICESCR

1. Principle of Progressive Realization
Article 2 of the Covenant is known as the principle of "progressive
realization". It acknowledges that some of the rights (for example, the
right to health) may be difficult in practice to achieve in a short period of
time, and that states may be subject to resource constraints, but
requires them to act as best they can within their means.

2. Labour Rights
Article 6 of the Covenant recognizes the right to work, defined as the
opportunity of everyone to gain their living by freely chosen or accepted
work. The right implies parties must guarantee equal access to

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employment and protect workers from being unfairly deprived of

employment. They must prevent discrimination in the workplace and
ensure access for the disadvantaged

3. The Right to Social Security

Article 9 of the Covenant recognizes "the right of everyone to social
security, including social insurance." It requires parties to provide some
form of social insurance scheme to protect people against the risks of
sickness, disability, maternity, employment injury, unemployment or old
age; to provide for survivors, orphans, and those who cannot afford
health care; and to ensure that families are adequately supported.

4. The Right to Family Life

Article 10 of the Covenant recognizes the family as "the natural and
fundamental group unit of society", and requires parties to accord it "the
widest possible protection and assistance." Parties must ensure that
their citizens are free to establish families and those marriages are freely
contracted and not forced

5. The Right to an Adequate Standard Of Living

Article 11 recognizes the right of everyone to an adequate standard of
living. This includes, but is not limited to, the right to adequate food,
clothing, housing, and "the continuous improvement of living conditions."
It also creates an obligation on parties to work together to eliminate world
hunger.

6. The Right to Health

Article 12 of the Covenant recognizes the right of everyone to "the
enjoyment of the highest attainable standard of physical and mental
health." "Health" is understood not just as a right to be healthy, but as a
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right to control ones own health and body (including reproduction), and
be free from interference such as suffering or medical experimentation

7. The Right to Education

Article 13 of the Covenant recognizes the right of everyone to education.
This is to be directed towards "the full development of the human
personality and the sense of its dignity" and enable all persons to
participate effectively in society. Education is seen both as a human right
and as "an indispensable means of realizing other human rights", and so
this is one of the longest and most important articles of the Covenant.

8. The Right to Participation in Cultural Life

Article 15 of the Covenant recognizes the right of everyone to participate
in cultural life, enjoy the benefits of scientific progress, and to benefit
from the protection of the moral and material rights to any scientific
discovery or artistic work they have created.

C) Optional Protocol

The term 'Protocol' is used for an additional legal instrument that

complements and adds to a treaty.

A protocol is 'optional' because it is not automatically binding to

States

that

have

ratified

the

original

treaty;

States

must

independently ratify or accede to a protocol.

The Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights is a side-agreement to the
Covenant which allows its parties to recognize the competence of
the Committee on Economic Social and Cultural Rights to consider

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complaints from individuals. The Optional Protocol was adopted by

the UN General Assembly on 10 December 2008

D) The Committee on Economic, Social and Cultural

Rights
The Committee on Economic, Social and Cultural Rights is a body of
human rights experts tasked with monitoring the implementation of the
Covenant. It consists of 18 independent human rights experts, elected for
four-year terms, with half the members elected every two years. Unlike
other human rights monitoring bodies, the Committee was not
established by the treaty it oversees. Rather, it was established by the
Economic and Social Council following the failure of two previous
monitoring bodies. The Committee typically meets every May and
November in Geneva

International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights (ICCPR) is

a United Nations treaty based on the Universal Declaration of
Human Rights.

It was created in 1966 and entered into force on March 23, 1976.

The International Covenant on Civil and Political Rights is

monitored by the Human Rights Committee, a group of 18
experts who meet three times a year to consider periodic reports
submitted by member States on their compliance with the treaty.

Members of the Human Rights Committee are elected by member

states, but do not represent any State.

The Covenant contains two Optional Protocols.

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o The

First

Optional

Protocol

creates

an

individual

complaints mechanism whereby individuals in member

States can submit complaints, known as communications, to
be reviewed by the Human Rights Committee.
o Its rulings under the first optional protocol have created the
most complex jurisprudence in the UN international human
rights law system.
o The Second Optional Protocol abolishes the death penalty.

Classification of International Covenant on Civil and

Political Rights
The Covenant is divided into six parts as follows:
I.
II.

reaffirms the right of self-determination

formulates countries' general obligations, mainly to put the
Covenant into effect as law, to give victims effective remedies and
to guarantee gender equality; it also restricts the possibility of
verbal or written abuse

III.

spells out the classical civil and political rights, including

the right to life

the prohibition of torture

the right to liberty and security of person

the right to freedom of movement

the right to a fair hearing

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the right to privacy

the right to freedom of religion, expression, and peaceful

assembly

the right to family life

the rights of children to special protection

the right to participate in the conduct of public affairs

the over-arching right to equal treatment, and

the special rights of members of ethnic, religious and

linguistic minorities

IV.

regulates the election of members of the Human Rights Committee,

the State reporting procedure and the inter-State complaints
mechanism

V.

says that nothing in the Covenant should be understood as

infringing on the inherent right of all peoples to enjoy and fully use
their natural resources

VI.

Provides that the Covenant shall extend to all parts of federal

States and sets out the amendment procedure.

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