NAME: - POOJA PRASAD

REGISTRATION NO: -205211260018

STUDENT OF 3RD YEAR 5TH SEMESTER
DURGAPUR INSTITUTE OF LEGAL STUDIES
KAZI NAZRUL UNIVERSITY

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 HUMAN RIGHTS: A UNIVERSAL STANDARD FOR DIGNITY
AND JUSTICE

ABSTRACT

In the realm of human existence, human rights stand as the bedrock of a just and equitable
society, upholding the inherent worth and fundamental entitlements of every individual.
These universal principles, enshrined in international treaties and conventions, encompass a
comprehensive framework of freedoms, protections, and opportunities essential for human
dignity and well-being.

At the heart of human rights lies the concept of inherent dignity, recognizing the inherent
worth and value of each person, regardless of background, circumstance, or affiliation. This
principle forms the foundation for a world where all individuals are treated with respect and
compassion, free from discrimination and abuse.

The Universal Declaration of Human Rights (UDHR), adopted in 1948 by the United
Nations General Assembly, serves as a beacon of human rights principles. This landmark
document outlines a comprehensive set of rights, providing a framework for international
and domestic law.

The spectrum of human rights encompasses civil, political, economic, social, and cultural
entitlements. Civil and political rights safeguard fundamental freedoms, including the right
to life, liberty, freedom of expression, and freedom of assembly. Economic, social, and
cultural rights ensure access to essential necessities such as education, healthcare, and
social security, fostering a life of dignity and opportunity.

Despite the universal recognition of human rights, violations persist worldwide. Torture,
arbitrary detention, extrajudicial killings, discrimination, and denial of basic services
remain prevalent, casting a shadow over the lives of countless individuals.

The protection and promotion of human rights require a concerted effort from
governments, civil society organizations, and individuals. Governments bear the primary
responsibility to uphold human rights, enacting and enforcing laws that safeguard these
fundamental entitlements. Civil society organizations play a crucial role in monitoring
human rights violations, advocating for reform, and empowering communities to demand
accountability.

KEYWORDS: Human rights, dignity, equality, freedom, Universal Declaration of Human

Rights, violations, protection, promotion, governments,

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INTRODUCTION
Human rights are the inherent and universal rights that belong to every human being regardless
of their identity, status, or situation. They are based on the principles of dignity, equality, and
justice, and they
aim to protect and promote the well-being and development of all people. Human rights are
not a new concept, but they have evolved and expanded over time in response to the changing
needs and
aspirations of humanity. The idea of human rights can be traced back to ancient civilizations
and
religions, such as the Code of Hammurabi, the Vedas, the Analects, the Torah, the Bible, and
the Quran, which all contain some notions of human dignity and moral values . However, the
modern conception of human rights emerged after the Second World War, when the
atrocities and horrors of the Holocaust and other crimes against humanity shocked the
conscience of the world and prompted the need for a universal declaration of human rights .
The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations
General Assembly on 10 December 1948, as a common standard of achievement for all
peoples and all nations.
The UDHR consists of 30 articles that proclaim the basic rights and freedoms of every person,
such as the right to life, liberty, and security, the right to equality and non-discrimination, the
right to education and health, the right to work and social security, the right to freedom of
expression and religion, and the
right to participate in political and cultural life. The UDHR is considered as the foundation
and inspiration of the international human rights law and system, which consists of various
treaties, conventions, covenants, protocols, committees, courts, and mechanisms that aim to
protect and promote human
rights at the global, regional, and national levels .
Human rights are not only legal and political obligations, but also moral and ethical
responsibilities. They reflect the common values and aspirations of humanity, and they
require the cooperation and solidarity of all actors, such as states, international organizations,
civil society, media, academia, and individuals.
Human rights are also dynamic and interrelated, which means that they can adapt to the
changing
circumstances and challenges of the contemporary world, and that they are indivisible,
interdependent, and mutually reinforcing, which means that the violation or realization of
one right affects the others .
Therefore, human rights are not only a matter of law and policy, but also a matter of
awareness and action. They are not only a goal to be achieved, but also a process to be
followed. They are not only a declaration to be proclaimed, but also a practice to be lived.

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CONCEPT AND HISTORY OF HUMAN RIGHTS

The idea of human rights is not a new concept, but it has evolved and expanded over time in
response to the changing needs and aspirations of humanity. The idea of human rights can be
traced back to ancient civilizations and religions, such as the Code of Hammurabi, the Vedas,
the Analects, the Torah, the Bible, and the Quran, which all contain some notions of human
dignity and moral values ¹. However, the
modern conception of human rights emerged after the Second World War, when the atrocities
and horrors of the Holocaust and other crimes against humanity shocked the conscience of the
world and prompted the need for a universal declaration of human rights ².

The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations
General
Assembly on 10 December 1948, as a common standard of achievement for all peoples and all
nations ³. The UDHR consists of 30 articles that proclaim the basic rights and freedoms of
every person, such as the right to life, liberty, and security, the right to equality and non-
discrimination, the right to education and health, the right to work and social security, the
right to freedom of expression and religion, and the
right to participate in political and cultural life ³. The UDHR is considered as the foundation
and inspiration of the international human rights law and system, which consists of various
treaties, conventions, covenants, protocols, committees, courts, and mechanisms that aim to
protect and promote human rights at the global, regional, and national levels ⁴.

ASPECTS AND DIMENSIONS OF HUMAN RIGHTS

Human rights are not only legal and political obligations, but also moral and ethical
responsibilities. They reflect the common values and aspirations of humanity, and they
require the cooperation and solidarity of all actors, such as states, international organizations,
civil society, media, academia, and individuals.
Human rights are also dynamic and interrelated, which means that they can adapt to the
changing
circumstances and challenges of the contemporary world, and that they are indivisible,
interdependent, and mutually reinforcing, which means that the violation or realization of
one right affects the others ⁵. Therefore, human rights can be understood from various
aspects and dimensions, such as:

- Universalism vs. Relativism: This aspect refers to the debate on whether human rights are
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applicable to all people and cultures, or whether they are subject to different interpretations
and applications
according to the specific contexts and traditions of each society ⁶. For example, some critics
argue that human rights are a Western concept that imposes a certain worldview and values
on other cultures,
while some advocates contend that human rights are based on the common humanity and
dignity of all people, and that they can accommodate diversity and pluralism ⁶.
- Civil and Political vs. Economic, Social and Cultural: This aspect refers to the distinction
between two categories of human rights, which are often seen as having different levels of
importance and
enforceability ⁷. Civil and political rights, such as the right to vote, the right to a fair trial, and
the right to freedom of expression, are often considered as negative rights, which require the
state to refrain from interfering with the individual's autonomy and liberty ⁷. Economic,
social and cultural rights, such as the right to education, the right to health, and the right to
adequate housing, are often considered as positive rights, which require the state to provide
the necessary resources and services to enable the individual's well-being and development
⁷.
- Individual vs. Group: This aspect refers to the question of whether human rights are primarily
concerned with the rights of individuals, or whether they also recognize and protect the rights
of groups, such as minorities, indigenous peoples, women, children, and persons with
disabilities ⁸. For example, some proponents argue that human rights are based on the
individual as the basic unit of society, and that group rights may undermine the equality and
universality of human rights, while some opponents
argue that human rights are based on the social and cultural context of each person, and that
group rights may enhance the diversity and participation of human rights ⁸.
- Domestic vs. International: This aspect refers to the relationship between the national and the
international levels of human rights protection and promotion ⁹. For example, some
supporters argue that human rights are primarily a domestic matter, and that each state has
the sovereignty and responsibility to respect and fulfill the human rights of its people, while
some critics argue that human rights are primarily an international matter, and that each state
has the duty and accountability to comply with the human rights standards and obligations
set by the international community ⁹.

ISSUES AND IMPACTS OF HUMAN RIGHTS

Human rights are not only a matter of law and policy, but also a matter of awareness and
action. They are not only a goal to be achieved, but also a process to be followed. They are
not only a declaration to
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be proclaimed, but also a practice to be lived. However, human rights also face many issues
and impacts in the contemporary world, such as:

- Poverty and Inequality: Poverty and inequality are among the most pervasive and
persistent human rights challenges in the world, affecting millions of people in both
developed and developing countries [^10^]. Poverty and inequality not only deprive people
of their basic needs and opportunities, but also undermine their dignity and agency, and
expose them to various forms of discrimination and violence
[^10^]. Poverty and inequality also have negative impacts on the realization of other human
rights, such as the right to health, the right to education, and the right to participation [^10^].
- Conflict and Violence: Conflict and violence are among the most serious and widespread
human rights violations in the world, affecting millions of people in various regions and
contexts ¹¹. Conflict and
violence not only cause death, injury, and displacement, but also destroy the social fabric
and institutions, and create a climate of fear and insecurity ¹¹. Conflict and violence also have
negative
impacts on the protection and promotion of other human rights, such as the right to life, the
right to liberty, and the right to justice ¹¹.
- Terrorism and Counter-Terrorism: Terrorism and counter-terrorism are among the most
complex and controversial human rights issues in the world, affecting millions of people
in various countries and
situations ¹². Terrorism and counter-terrorism not only pose threats to the peace and security
of the world, but also raise questions about the balance and trade-off between the human rights
of the victims, the perpetrators, and the suspects ¹². Terrorism and counter-terrorism also have
negative impacts on the respect and fulfillment of other human rights, such as the right to
privacy, the right to a fair trial, and the right to freedom of expression ¹².
- Environmental Degradation and Climate Change: Environmental degradation and climate
change are
among the most urgent and emerging human rights challenges in the world, affecting
millions of people in various ways and places ¹³. Environmental degradation and climate
change not only damage the
natural resources and ecosystems, but also affect the livelihoods and health of the people, and
increase the risks of disasters and conflicts ¹³. Environmental degradation and climate change
also have negative impacts on the enjoyment and realization of other human rights, such as
the right to food, the right to water, and the right to development ¹³.
IMPLICATIONS AND RECOMMENDATIONS
Human rights are the inherent and universal rights that belong to every human being regardless
of their identity, status, or situation. They are based on the principles of dignity, equality, and

6
justice, and they
aim to protect and promote the well-being and development of all people. However, human
rights also face many challenges and violations in the contemporary world, and require urgent
and effective responses from all stakeholders. Therefore, some of the implications and
recommendations for further research, policy, and practice on human rights are:
- Research: Research is essential for advancing the knowledge and understanding of human
rights, as well as for informing and influencing the policy and practice of human rights.
Research on human rights should be interdisciplinary, participatory, and evidence-based,
and should address the various aspects and dimensions of human rights, such as the
universalism, the indivisibility, the interdependence, and the interrelatedness of human
rights. Research on human rights should also address the current issues and impacts of
human rights, such as the poverty, the conflict, the terrorism, and the environmental
degradation, and should explore the causes, consequences, and solutions of these human
rights challenges. Research on human rights should also be disseminated and communicated
widely and
effectively, and should engage and empower the various stakeholders and actors of human
rights, such as the states, the international organizations, the civil society, the media, the
academia, and the
individuals.
- Policy: Policy is crucial for establishing and implementing the norms and standards of
human rights, as well as for monitoring and evaluating the performance and progress of
human rights. Policy on human rights should be coherent, consistent, and comprehensive,
and should reflect and respect the principles and values of human rights, such as the dignity,
the equality, and the justice
CONCLUSION

The development of state institutions to promote and protect human rights is a critical
safeguard to ensure that people can obtain recourse and redress in the face of injustice. A
dynamic and autonomous human rights commission can play a role in this process. For that
reason, it is important that existing human rights commissions are encouraged to play an
active and central role in the upholding of human rights. In some cases, where the political
will is present, this task requires only training and funding opportunities. In other cases,
greater pressure on a government is required for it to allow formal and actual independence
of its human rights commission. Human rights commissioners also need to be supported and
pushed by the international community to push the limit of their boundaries and to withstand
the inevitable resistance from other government agencies. This is a process that can only be
achieved with sustained national and international attention over a period of time.

The success by a human rights commission can only be measured through its actions. Some
of the questions that need to asked are:

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12. Does it have the will and the means to perform the tasks given it by law?

13. Has it succeeded in gaining public as opposed to formal legitimacy?

14. What are

the conditions for it to become an effective and trusted part of the human rights
machinery?

15. How does it make itself accessible to the most vulnerable sections of society?

16. How far does its effectiveness derive from the bridges it is able to build with other
institutions in society, governmental and nongovernmental?

More importantly, are the individuals who serve within a human rights commission able to
institutionalize their contribution in a lasting fashion or does a dynamic commission fade
with the departure of the person heading it? Building an enduring human rights institution
that will become an integral part of government is the greatest challenge for human rights
commissioners and their proponents. That long-term contribution has yet to occur in Africa.
In many cases it is still too soon. In other cases, it is clear that the human rights commission
is falling short of achieving this goal. At this time, the independence and effectiveness of the
human rights commissions within Africa depend heavily on the personality of the
individuals heading the commission.

Another question that needs to be asked is whether the international community is playing as
constructive a role as it can in contributing towards strong and sustainable national human
rights institutions? It is a mistake to view the creation of a human rights commission, in and
of itself, as a contribution towards human rights. The ability of a national human rights
commission to function effectively is enhanced by independent judicial and legislative
branches as well as a vocal civil society. A more nuanced approach by the international
community is required.
International support should be based on the records of the commissions, and weak or
compliant institutions should be pushed to play a stronger role. A weak human rights
commission that seeks to absolve or shield a government of its abuses through inaction may
do more harm than its token or potential presence may justify. Additionally, international
support for human rights commissions should be given as part of an integrated system of
support for judicial independence and independent human rights NGOs.

Finally, it should be noted that a human rights commission is not a prerequisite for a
government to uphold the human rights of its citizens. Other state institutions, such as an
independent judiciary or a representative legislature, can equally provide oversight to ensure
recourse and redress to human rights abuses. In fact, many countries with strong records of
respect for human rights do not have such commissions. The creation of a national human
rights commission can be an important mechanism for strengthening human rights
protection, but it is not enough. It can never replace or diminish the safeguards inherent in
an independent legal system and disciplined law enforcement forces.²⁵
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