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Human Rights

RAISA HOSSAIN ESHNA

LECTURER

DEPARTMENT OF LAW AND HR

VARENDRA UNIVERSITY
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Introduction
ÿHuman rights gained attention at the international level following the Second World War,
where millions of people lost their lives.

ÿHorrified by the devastation of life caused by the Second World War, members of the United
Nations (UN) took a pledge to take measures for the achievement of universal respect for
and observance of human rights and fundamental freedoms for all.

ÿAfter the adoption of the Universal Declaration of Human Rights (UDHR) on December 10,
1948 by the United Nations, it was seen by many as a sign of optimism for the better
protection,promotion and enforcement of human rights.
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Definition of Human Rights

ÿThe UN defined human rights as those rights which are inherent in our state of nature
and without which we cannot live as human beings.

ÿShree P. P. Rao said human rights are the inherent dignity and inalienable rights of all
members of the human family recognizing them as the foundation of freedom, justice and
peace in the world.

ÿIn the context of the present study, human rights can be defined as those rights without
which human beings cannot live with dignity, freedom (political, economic, social and
cultural) and justice in any nation or state regardless of colour, place of birth, ethnicity,
race, religion or sex or any other such considerations.
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Important Characteristics of Human Rights

Human Rights are Universal:

Human rights 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.
The universality of human rights is encompassed in the words of Article 1 of the Universal Declarationof
Human Rights: “All human beings are bornfree and equal in dignity and rights.”

Human Rights are Inherent:

Human Rights are inherent because they are not granted by any person or authority. Human rights do not have to be
bought, earned, or inherited; they belong to people simply because they are human.
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Human Rights are Fundamental:

Human Rights are fundamental rights because,without them, the life and dignity of manwill be meaningless.

Human Rights are Imprescriptible:

Human Rights do not prescribe and cannot be lost even if a man fails to use or assert them, even by a long passage of time.

Human Rights are Inalienable:

Human rights are conferred to an individual even after his death. The different rituals in different religions bear testimony to this fact. Human rights are
inalienable. Human Rights are inalienable because: they cannot be rightfully taken away from a free individual and they cannot be given away or be forfeited.
They should not be taken away, except in specific situations and according to due process. For example, the right to liberty may be restricted if a person is
found guilty of a crime by a court of law.
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Human Rights are Indivisible:

Human Rights are not capable of being divided. Consequently, all human rights have equal status,
and cannot be positioned in a hierarchical order. Denial of one right invariably impedes the enjoyment
of other rights. Thus, the right of everyone to an adequate standard of living (say right of healthor right
of education)cannotbe compromisedatthe expense of otherrights.

Human Rights are Participative and Inclusive:

All people have the right to participate in and access information relating to the decision-making
processes that affect theirlives andwell-being.
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Human Rights are Never Absolute:

Man is a social animal and he lives in a civic society, which always put certain restrictions on the
enjoyment of his rights and freedoms. Human rights as such are those limited powers or claims, which
are contributory to the common good and which are recognized and guaranteed by the State, throughits
laws to the individuals.As such each right has certain limitations.

Human Rights are Dynamic:

Human rights go on expanding and changing with socio-eco-cultural and political developments within the State. Judges have
to interpret laws in such ways as are in tune with the changed social values.
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Human Rights Limit State Power:

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.So humanrights limitthe state’s power.
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Who created the UDHR?

UDHR In 1948, representatives from the 50 member states of the United Nations came

(Universal together, with Eleanor Roosevelt (First Lady of the United States) chairing the
Human Rights Commission.

Declaration of
Human Rights) Her famous 1958 speech captures why human rights are for every one of us, in
all parts of our daily lives:

Time of Creating UDHR ‘Where, after all, do universal human rights begin? In small places, close to home
- so close and so small that they cannot be seen on any maps of the world. Yet
On 10 December 1948, the General Assembly of the
United Nations announced the Universal Declaration of
they are the world of the individual person; the neighbourhood he lives in; the
Human Rights (UDHR) - 30 rights and freedoms that school or college he attends; the factory, farm, or office where he works.
belong to all of us. Seven decades on and the rights
they included continue to form the basis for all
Such are the places where every man, woman, and child seeks equal justice,
equal opportunity, equal dignity without discrimination.’
international human rights law.
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Hansa Mehta was the delegate of India, and the only other female delegate to the
Commission. She is credited with changing the phrase "All men are born free and
equal" to "All human beings are born free and equal" in the Declaration.
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Importance of UDHR
a) The UDHR marked an important shift by daring to say that all human beings are free and equal,
regardless of colour, creed or religion.

b) For the first time, a global agreement put human beings, not power politics, at the heart of its
agenda.

c) Although it is not legally binding, the protection of the rights and freedoms set out in the Declaration has been incorporated into
many national constitutions and domestic legal frameworks.

d) All states have a duty, regardless of their political, economic and cultural systems, to promote
and protect all human rights for everyone without discrimination.
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Universal: It applies to all people, in all countries around

3 Principles of the world. There can be no distinction of any kind:

UDHR including race, colour, sex, sexual orientation or gender

identity, language, religion, political or any other opinion,
national or social origin, of birth or any other situation

ÿ universality,
Indivisible: This means that taking away one right has a
ÿ indivisibility and negative impact on all the other rights

ÿ interdependency
Interdependent: This means that all of the 30
articles in the Declaration are equally
important and dependent on each other.
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Summary of 30 articles of the Universal

Declaration of Human Rights
Article 1: We are all born free and equal

We are all born free. We all have our own thoughts and ideas and we should all be treated
the same way.

Article 2: Freedom from Discrimination

The rights in the UDHR belong to everyone, no matter who we are, where we’re from,
or whatever we believe.

Article 3: Right to Life

We all have the right to life, and to live in freedom and safety.
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Article 4: Freedom from Slavery

No one should be held as a slave, and no one has the
right to treat anyone else as their slave.

Article 5: Freedom from Torture

No one has the right to inflict torture, or to subject
anyone else to cruel or inhuman treatment.

Article 6: Right to Recognition Before the Law

We should all have the same level of legal protection

whoever we are, and wherever in the world we are.

Article 7: Right to Equality Before the Law

The law is the same for everyone, and must treat us all
equally.

Article 8: Right to Remedy

The law is the same for everyone, and must treat us all
equally.
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Article 9: Freedom from Arbitrary Detention

Nobody should be arrested, put in prison, or sent away from our country unless there is
good reason to do so.

Article 10: Right to a Fair Trial

Everyone accused of a crime has the right to a fair and public trial, and those that try us
should be independent and not influenced by others.

Article 11: Presumption of Innocence and International Crimes

Everyone accused of a crime has the right to be considered innocent until they have fairly
been proven to be guilty.
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Article 12: Right to Privacy

Nobody has the right to enter our home, open our mail, or intrude on our families without good reason. We also have
the right to be protected if someone tries to unfairly damage our reputation.

Article 13: Freedom of Movement

We all have the right to move freely within our country, and to visit and leave other countries when we wish.

Article 14: Right to Asylum

If we are at risk of harm we have the right to go to another country to seek protection.
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Article 15: Right to Nationality

Article 16: Right to Marry and to Found a Family
We should have the right to marry and have a family as soon as we’re legally old enough.
Our ethnicity, nationality and religion should not stop us from being able to do this. Men
and women have the same rights when they are married and also when they’re separated.
We should never be forced to marry. The government has a responsibility to protect us
and our family.
Article 17: Right to Own Property
Article 18: Freedom of Religion or Belief
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Article 19: Freedom of Opinion and Expression

Everyone has the right to their own opinions, and to be able to express them freely. We should have the right to
share our ideas with who we want, and in whichever way we choose.

Article 20: Freedom of Assembly and Association

We should all have the right to form groups and organise peaceful meetings. Nobody should be forced to belong to
a group if they don’t want to.
Article 21: A Short Course in Democracy

We all have the right to take part in our country’s political affairs either by freely choosing politicians to represent us,
or by belonging to the government ourselves.

Article 22: Right to Social Security

The society we live in should help every person develop to their best ability through access to work, involvement in
cultural activity, and the right to social welfare.
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Article 23: Right to Work

Article 24: Right to Rest and Leisure

Everyone has the right to rest and leisure time. There should be limits on working hours, and
people should be able to take holidays with pay.
Article 25: Right to Adequate Standard of Living
Article 26: Right to Education
Article 27: Right to Cultural, Artistic and Scientific Life
If we are an artist, a musician, a writer or a scientist, our works should be protected and we should be able to benefit
from them.
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Article 28: Right to a Free and Fair World

Article 29: Duty to Your Community

We have duties to the community we live in that should allow us to develop

as fully as possible. The law should guarantee human rights and should
allow everyone to enjoy the same mutual respect.
Article 30: Rights are Inalienable
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ÿCultural relativism suggests that ethics, morals, values,

norms, beliefs, and behaviors must be understood within the
Cultural Relativism context of the culture from which they arise.

cultural
Expected ÿIt means that all cultures have their own beliefs and that there
is no universal or
absolute standard to judge those cultural
norms.

ÿThe concept of cultural relativism was introduced by

anthropologist Franz Boas in 1887.

ÿWhile he did not coin the term, it later became widely used
by his students to describe his anthropological perspective
and theories
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Beliefs of Cultural Relativism

Different societies have their own moral codes and practices.

No culture is objectively better than others; cultures and their customs and beliefs are not
objectively superior or inferior to any other culture.

Practices and behaviors considered acceptable or unacceptable vary from one culture to the next.

Cultural relativism aims to help promote acceptance, tolerance, and an appreciation for diverse
cultural beliefs and practices.

No universal ethical or moral truths apply to all people in all situations.

What is considered right and wrong is determined by society’s moral codes.

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Strengths of Cultural Limitations of Cultural

Relativism Relativism

ÿPromote cultural ÿFailure to Address Human

understanding Rights

ÿProtect cultural respect and autonomy ÿReducing Cultures to

Stereotypes

ÿFoster learning ÿIndividual Rights vs. Cultural Values