Human Right

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INTRODUCTION

A well-ordered social life would not be conceivable without the State's application of numerous laws,
which uphold the framework of social order. Many proponents of the social contract theory believe that
the goal of state establishment is to uphold and defend each person's rights. Aristotle believed that the
state was founded on the most basic needs of life and that it persists now to ensure a decent quality of
life for everybody.1. According to Prof. Laski, a state is recognized by the rights it upholds. In a similar
vein, Locke believed that the goal of the state should be to eliminate any barriers to an individual's
personal growth.3Thus, the primary goal of the state is to preserve individual rights and liberties, which
is how its existence is acknowledged.

Ensuring the protection of an individual's dignity is crucial for maintaining social cohesion, since its
violation can have serious consequences for both the individual and society at large. Every person has
some rights that are inalienable to human existence. These rights—known as human rights—should not
be infringed upon because of a person's gender, race, caste, ethnicity, religion, or any other factor.
Other names for human rights include inherent, natural, basic, and fundamental rights. Although the
name "human rights" dates back to the 20th century, the idea behind them is as old as mankind itself.

The advancement and development of a person's personality ultimately contributes to the development
of the country as a whole, and this requires the protection of human rights. It is a problem
acknowledged globally, and several international instruments were created in order to defend human
rights.

At international level various efforts have been made for the protection of human rights. The United
Nations through its charter represents a significant advancement in the direction for the promotion as
well as protection of human rights. International bill on human rights has been incorporated in the UN
Charter. The UN Charter contains various provisions for the promotion of human rights and
fundamental freedoms in the Preamble and in various Articles 1, 13(b), 55, 56, 62 (2), 68 and 76(c).6
The United Nations has established four international instruments known as the International Bill of
Human Rights, in addition to the UN Charter. These include the The International Covenant on Civil
and Political Rights, the International Covenant on Economic, Social, and Cultural Rights, the 1948
Universal Declaration of Human Rights, and the 1966 Optional Protocol to the International Covenant
on Civil and Political Rights.7 The governments of every country must endeavor to advance the
welfare of the populace by doing away with all forms of discrimination and guaranteeing everyone's
right to equality and justice.

WHAT IS HUMAN RIGHT?


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.
The Univesal Declaration Human Right ,1948, define human right as rights we have simply because we
exist as human beings - they are not granted by any state. These universal rights are inherent to us all,
regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other status.
They range from the most fundamental - the right to life - to those that make life worth living, such as
the rights to food, education, work, health, and liberty.

The International Bill of Rights is composed of the UDHR and the two covenants, the International
Covenant for Civil and Political Rights and the International Covenant for Economic, Social, and
Cultural Rights.

SOME CHARACTERISTIC OF HUMAN RIGHTS


Human rights are universal and inalienable.The principle of universality of human rights is the
cornerstone of international human rights law. This means that we are all equally entitled to our human
rights.Human rights are inalienable. They should not be taken away, except in specific situations and
according to due process.

All human rights are indivisible and interdependent. This means that one set of rights cannot be
enjoyed fully without the other.

All human rights are equal and non-discriminatory.Article 1 of the UDHR states: “All human beings
are born free and equal in dignity and rights.” Freedom from discrimination, set out in Article 2, is
what ensures this equality.

Non-discrimination cuts across all international human rights law. This principle is present in all major
human rights treaties. It also provides the central theme of 2 core instruments: the International
Convention on the Elimination of All Forms of Racial Discrimination, and the Convention on the
Elimination of All Forms of Discrimination against Women.

LANDMARK DEVELOPMENT IN HUMAN RIGHTS

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