Human Rights

What are Human Rights?

Human rights are moral principles or norms that describe certain
standards of human behaviour, and are regularly protected as legal
rights in municipal and international law. They are commonly understood
as inalienable fundamental rights "to which a person is inherently entitled
simply because she or he is a human being, and which are "inherent in
all human beings" regardless of their nation, location, language, religion,
ethnic origin or any other status. They are applicable everywhere and at
every time in the sense of being universal, and they are egalitarian in the
sense of being the same for everyone. They require empathy and
the rule of law and impose an obligation on persons to respect the
human rights of others. They should not be taken away except as a
result of due process based on specific circumstances, and require
freedom from unlawful imprisonment, torture, and execution.
What are the substantives of rights?
Rights

Clarification

Right to life

Every human being has the

inherent right to life. This right
shall be protected by law. No one
shall be arbitrarily deprived of
his life.Article 6.1 of the
International Covenant on Civil
and Political Rights

The
right
to
life
is
the
essential right that
a
human
being has the right not to be
killed by another human being.
The concept of a right to life is
central to debates on the issues
ofabortion, capital

punishment, euthanasia, self

defense and war. According to
many human rights activists,
the death penalty violates this
right.[74] The United Nations has
called on states retaining the
death penalty to establish a
moratorium
on
capital
punishment with a view to its
abolition.[75] States which do not
do so face considerable moral
and political pressure.

Freedom
torture

from

Throughout history, torture has

been used as a method of
political re-education,
interrogation, punishment, and
coercion. In addition to statesponsored torture, individuals or
groups may be motivated to
inflict torture on others for
similar reasons to those of a
state; however, the motive for
torture
can
also
be
for
the sadistic gratification of the
torturer,
as
in
the Moors
murders.
Since the mid-20th century,
torture
is
prohibited
under international law and the
domestic laws of most countries.
It is considered to be a violation
of human rights, and is declared
to be unacceptable by Article 5
of the UN Universal Declaration
of Human Rights. Signatories of

the Geneva
Conventions
of
1949 and
the Additional
Protocols I and II of 8 June 1977
officially agree not to torture
captured
persons
in armed
conflicts, whether international
or internal. Torture is also
prohibited by the United Nations
Convention
Against
Torture,
which has been ratified by 157
countries.[76]
National and international legal
prohibitions on torture derive
from a consensus that torture
and similar ill-treatment are
immoral, as well as impractical.
[77]
Despite these international
conventions, organizations that
monitor abuses of human rights
(e.g., Amnesty
International,
the International Rehabilitation
Council for Torture Victims)
report widespread use condoned
by states in many regions of the
world.[78] Amnesty International
estimates that at least 81 world
governments currently practice
torture, some of them openly

Freedom
torture

from

Throughout history, torture has

been used as a method of
political re-education,
interrogation, punishment, and
coercion. In addition to statesponsored torture, individuals or

groups may be motivated to

inflict torture on others for
similar reasons to those of a
state; however, the motive for
torture
can
also
be
for
the sadistic gratification of the
torturer,
as
in
the Moors
murders.
Since the mid-20th century,
torture
is
prohibited
under international law and the
domestic laws of most countries.
It is considered to be a violation
of human rights, and is declared
to be unacceptable by Article 5
of the UN Universal Declaration
of Human Rights. Signatories of
the Geneva
Conventions
of
1949 and
the Additional
Protocols I and II of 8 June 1977
officially agree not to torture
captured
persons
in armed
conflicts, whether international
or internal. Torture is also
prohibited by the United Nations
Convention
Against
Torture,
which has been ratified by 157
countries.[76]
National and international legal
prohibitions on torture derive
from a consensus that torture
and similar ill-treatment are
immoral, as well as impractical.
[77]
Despite these international
conventions, organizations that
monitor abuses of human rights

(e.g., Amnesty
International,
the International Rehabilitation
Council for Torture Victims)
report widespread use condoned
by states in many regions of the
world.[78] Amnesty International
estimates that at least 81 world
governments currently practice
torture, some of them openly.[79]
Freedom
slavery

from Freedom
from
slavery
internationally recognized as
human right. Article 4
the Universal
Declaration
Human Rights states:

is
a
of
of

No one shall be held in slavery or

servitude; slavery and the slave
trade shall be prohibited in all
their forms.[80]
Despite this, the number of
slaves today is higher than at
any point in history,[81] remaining
as high as 12 million[82] to 27
million,[83][84][85] Most
are debt
slaves, largely in South Asia,
who
are
under debt
bondage incurred
by lenders,
sometimes even for generations.
[86]
Human trafficking is primarily
for
prostituting women and children
into sex industries.[87]
Groups such as the American
Anti-Slavery

Group, Anti-Slavery
International, Free the Slaves,
the Anti-Slavery Society, and the
Norwegian Anti-Slavery Society
continue to campaign to rid the
world of slavery.

Right to a fair
trial

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.[88]
The right to a fair trial has been
defined in numerous regional
and international human rights
instruments. It is one of the most
extensive human rights and all
international
human
rights
instruments enshrine it in more
than one article.[89] The right to a
fair trial is one of the most
litigated human rights and
substantial case law has been
established on the interpretation
of this human right.[90] Despite
variations
in
wording
and
placement of the various fair
trial rights, international human
rights instrument define the
right to a fair trial in broadly the
same terms.[91] The aim of the
right is to ensure the proper
administration of justice. As a
minimum the right to fair trial

includes the following fair trial

rights
in civiland criminal proceedings:
[92]

Freedom
speech

of

the right to be heard by a

competent, independent and
impartial tribunal

the right to a public hearing

the right to be heard within

a reasonable time

the right to counsel

the right to interpretation[92]

Freedom of speech is the

freedom to speak freely without
censorship. The term freedom of
expression is sometimes used
synonymously, but includes any
act of seeking, receiving and
imparting information or ideas,
regardless of the medium used.
In practice, the right to freedom
of speech is not absolute in any
country
and
the
right
is
commonly subject to limitations,
such as on libel, slander,
obscenity, incitement to commit
a crime, etc. The right to
freedom
of
expression
is
recognized as a human right
under Article 19 of the Universal
Declaration of Human Rights and

recognized
in
international
human
rights
law
in
the
International Covenant on Civil
and Political Rights (ICCPR).
Article 19 of the ICCPR states
that "[e]veryone shall have the
right to hold opinions without
interference"
and
"everyone
shall have the right to freedom
of expression; this right shall
include freedom to seek, receive
and impart information and
ideas of all kinds, regardless of
frontiers, either orally, in writing
or in print, in the form of art, or
through any other media of his
choice".

Freedom
of
thought,
conscience
and religion

In 2014, Saudi Arabian writerRaif

Badawi was sentenced to 10
years in prison and 1000 lashes
for 'insulting Islam'.
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 18 of the International
Covenant on Civil and Political
Rights

Freedom of thought, conscience

and religion are closely related
rights
that
protect
the freedom of an individual or
community, in public or private,
to
think
and
freely
hold
conscientious beliefs and to
manifest religion or belief in teac
hing,
practice, worship,
and
observance; the concept is
generally recognized also to
include the freedom to change
religion or not to follow any
religion.[93] The
freedom
to leave or
discontinue
membership in a religion or
religious
groupin
religious
terms called "apostasy"is also
a fundamental part of religious
freedom, covered by Article 18
of the Universal Declaration of
Human Rights.[94]
Human rights groups such
as Amnesty
International organises
campaigns to protect those
arrested and or incarcerated as
a prisoner of conscience because
of their conscientious beliefs,
particularly
concerning
intellectual, political and artistic
freedom of expression and
association.[95] In
legislation,
a conscience
clause is
a
provision in a statute that
excuses a health professional

from complying with the law (for

example legalising surgical or
pharmaceutical abortion) if it is
incompatible with religious or
conscientious beliefs.[96]

Freedom
movement

of

Freedom of movement asserts

that a citizen of a state in which
that citizen is present has the
liberty to travel, reside in, and/or
work in any part of the state
where one pleases within the
limits of respect for the liberty
and rights of others,[1] and to
leave that state and return at
any time.

Rights debates
Events and new possibilities can affect existing rights or require
new ones. Advances of technology, medicine, and philosophy
constantly challenge the status quo of human rights thinking.

Right to keep and bear arms

The right to keep and bear arms for defense is described in the
philosophical and political writings of Aristotle, Cicero, John
Locke, Machiavelli, the English Whigs and others.[97]In countries
with an English common law tradition, a long-standing common
law right to keep and bear arms has long been recognized, as
pre-existing in common law, prior even to the existence of
national constitutions.[98]

Future generations

In
1997, UNESCO adopted
the Declaration
on
the
Responsibilities of the Present Generation Towards the Future
Generation. The Declaration opens with the words:
Mindful of the will of the peoples, set out solemnly in
the Charter of the United Nations, to 'save succeeding
generations from the scourge of war' and to safeguard the
values and principles enshrined in the Universal Declaration of
Human Rights, and all other relevant instruments of
international law.
Declaration on the Responsibilities of the Present Generation
Towards the Future Generation
Article 1 of the declaration states "the present generations
have the responsibility of ensuring that the needs and interests
of present and future generations are fully safeguarded." The
preamble to the declaration states that "at this point in history,
the very existence of humankind and its environment are
threatened" and the declaration covers a variety of issues
including
protection
of
the environment,
the human
genome, biodiversity, cultural heritage, peace, development,
and education. The preamble recalls that the responsibilities of
the present generations towards future generations has been
referred to in various international instruments, including the
Convention for the Protection of the World Cultural and Natural
Heritage (UNESCO 1972), the United Nations Framework
Convention on Climate Change and the Convention on
Biological Diversity(Rio de Janeiro, 1992), the Rio Declaration
on Environment and Development (UN Conference on
Environment and Development, 1992), the Vienna Declaration
and Programme of Action (World Conference on Human Rights,
1993) and a number of UN General Assembly resolutions
relating to the protection of the global climate for present and
future generations adopted since 1990.[99]

Sexual orientation and gender identity

Asia's first Genderqueer Pride Parade at Madurai with Anjali Gopalan. On
11 December 2013, homosexuality was criminalized in India by a Supreme
Court ruling.[100]

Sexual orientation and gender identity rights relate to the

expression of sexual orientation and gender identity based on
the right to respect for private life and the right not to be
discriminated against on the ground of "other status" as
defined in various human rights conventions, such as article 17
and 26 in the United Nations International Covenant on Civil
and Political Rights and article 8 and article 14 in the European
Convention on Human Rights.
As of 2011, homosexual behavior is illegal in 76 countries and
punishable
by
execution
in
seven
countries. [101] The
criminalization of private, consensual, adult sexual relations,
especially in countries where corporal or capital punishment is
involved, is one of the primary concerns of LGBT human rights
advocates.[102]
Other issues include: government recognition of same-sex
relationships, LGBT adoption, sexual orientation and military
service, immigration equality, anti-discrimination laws, hate
crime laws regarding violence against LGBT people, sodomy
laws, anti-lesbianism laws, and equal age of consent for samesex activity.[103][104][105][106][107][108]
A global charter for sexual orientation and gender identity
rights has been proposed in the form of the 'Yogyakarta
Principles', a set of 29 principles whose authors say they
apply International Human Rights Law statutes and precedent
to situations relevant to LGBT people's experience. [109] The
principles were presented at a United Nations event in New York
on
November
7,
2007,
co-sponsored
by Argentina,Brazil and Uruguay.
The principles have been acknowledged with influencing the
French proposed UN declaration on sexual orientation and
gender identity, which focuses on ending violence,
criminalization and capital punishment and does not include
dialogue about same-sex marriage or right to start a family. [110]
[111]
The proposal was supported by 67 of the then 192 member
countries of the United Nations, including all EU member states
and the United States. An alternative statement opposing the
proposal was initiated by Syria and signed by 57 member
nations, including all 27 nations of the Arab League as well
as Iran and North Korea.[112][113]

Trade
Although both the Universal Declaration of Human Rights and
the International Covenant on Economic, Social and Cultural
Rights emphasize the importance of a right to work, neither of
these documents explicitly mention free trade as a mechanism
for ensuring this fundamental right. And yet trade plays a key
role in providing jobs.[114]
Some experts argue that trade is inherent to human nature and
that when governments inhibit international trade they directly
inhibit the right to work and the other indirect benefits, like the
right to education, that increased work and investment help
accrue.[115] Others have argued that the ability to trade does not
affect everyone equallyoften groups like the rural poor,
indigenous groups and women are less likely to access the
benefits of increased trade.[116]
On the other hand, others think that it is no longer primarily
individuals but companies that trade, and therefore it cannot be
guaranteed as a human right . Additionally, trying to fit too many
concepts under the umbrella of what qualifies as a human right
has the potential to dilute their importance. Finally, it is difficult
to define a right to trade as either "fair" [117] or "just" in that the
current trade regime produces winners and losers but its reform
is likely to produce (different) winners and losers. [118]
See also: The Recognition of Labour Standards within the World
Trade Organisation and Investor state dispute settlement

Water
The right to water has been recognized in a wide range of
international documents, including treaties, declarations and
other standards. For instance, the 1979 Convention on the
Elimination of All Forms of Discrimination Against Women
(CEDAW) requires State parties to ensure to women the right to
enjoy adequate living conditions, particularly in relation to []
water supply. The 1989 Convention on the Rights of the Child
(CRC) requires States parties to combat disease and
malnutrition through the provision of adequate nutritious foods
and clean drinking-water.
The most clear definition of the Human right to water has been
issued by the UN Committee on Economic, Social and Cultural

Rights. This treaty body interpreting legal obligations of State

parties to the International Covenant on Economic, Social and
Cultural Rights (ICESCR) issued in 2002 a non-binding
interpretation affirming that access to water was a condition for
the enjoyment of the right to an adequate standard of living
and inextricably related to the right to the highest attainable
standard of health (see ICESCR Art.11 & 12) and therefore a
human right:
The human right to water entitles everyone to sufficient, safe,
acceptable, physically accessible and affordable water for
personal and domestic uses.
United Nations Committee on Economic, Social and Cultural
Rights
On July 28, 2010, the United Nations General Assembly
declared water and sanitation as human rights. Today all States
have at least ratified one human rights convention which
explicitly or implicitly recognizes the right, and they all have
signed at least one political declaration recognizing this right.

Sexual and reproductive rights

Human rights include womens rights and sexual and
reproductive rights. Sexual and reproductive rights are part of a
continuum of human rights, which includes the rights to life,
health and education, the rights to equality and nondiscrimination, and the right to decide the timing, number and
spacing of ones children. [119][120]
Reproductive and sexual rights as part of human rights was
affirmed internationally at the Programme of Action of the
International Conference on Population and Development
(ICPD) in Cairo in 1994. [121] It was the first among international
development frameworks to address issues related to sexuality,
sexual and reproductive health, and reproductive rights. [122]
The ICPD Program of Action in paragraph 7.2 defines an
individuals sexual and reproductive health as complete wellbeing related to sexual activity and reproduction. Sexual and
reproductive health and rights (SRHR) encompass both
entitlements and freedoms. This includes the definition of
reproductive rights in paragraph 7.3 of the ICPD PoA, which
clarifies that these are not a new set of rights but human rights

in existing human rights instruments related to sexual and

reproductive autonomy and the attainment of sexual and
reproductive health. [123] Additionally, the 1995 Beijing Platform
for Action (PfA) expands this definition to cover both sexuality
and reproduction by affirming in paragraph 96 the right to
exercise control over and make decisions about ones sexuality,
including sexual and reproductive health, free of coercion,
discrimination and violence.[122]

World Health Organization

Reproductive rights were first established as a subset of human
rights at the United Nations 1968 International Conference on
Human Rights.[124] The sixteenth article of the resulting
Proclamation of Teheran states, "Parents have a basic human
right to determine freely and responsibly the number and the
spacing of their children."[124][125]
Reproductive rights may include some or all of the following
rights: the right to legal or safe abortion, the right to control
one's reproductive functions, the right to qualityreproductive
healthcare, and the right to education and access in order to
make reproductive choices free from coercion, discrimination,
and violence.[126]
Reproductive
rights
may
also
be
understood
to
include education about contraception and sexually transmitted
infections,
and
freedom
from coerced
sterilization and
contraception, protection from gender-based practices such
as female
genital
cutting (FGC)
and male
genital
[120][124][126][127]
mutilation (MGM).

Information
technologies

and

communication

In October 2009, Finland's Ministry of Transport and

Communications announced that every person in Finland would
have the legal right to Internet access. [128] Since July 2010, the
government has legally obligated telecommunications
companies to offer broadband Internet access to every
permanent residence and office. The connection must be
"reasonably priced" and have a downstream rate of at least 1
Mbit/s.[129]

In March 2010, the BBC, having commissioned an opinion poll,

reported that "almost four in five people around the world
believe that access to the internet is a fundamental
right."[130] The poll, conducted by the polling
company GlobeScan for the BBC World Service, collated the
answers of 27,973 adult citizens across 26 countries to find that
79% of adults either strongly agreed or somewhat agreed with
the statement: "access to the internet should be a fundamental
right of all people".[13