Human Rights – Basic

Concepts
Dr. Supriya Pattanayak
Defining Human Rights
• Those rights which are essential for the protection and maintenance
of dignity of individuals and create conditions in which every human
being can develop their personality to the fullest extent.
• Human rights become operative at birth. Human rights are inherent in
all individuals irrespective of their caste, religion, sex and nationality.
• Because of their immense significance to human beings, they are also
referred to as fundamental rights, basic rights, inherent rights, natural
rights and birth rights.
Universal Declaration of Human Rights
• On December 10, 1984, the General Assembly of the United Nations
adopted and proclaimed the Universal Declaration of Human Rights.
Following this historic act, the Assembly called upon all member
countries to publicize the text of the Declaration and ‘to cause it to be
disseminated, displayed, read and expounded principally in schools
and other educational institutions, without distinction based on the
political status of countries or territories’.
• Adopted by 56 member nations and now 192
• Was drafted by the UN Commission on Human Rights, chaired by the
then First Lady of US, Eleanor Roosevelt
Articles
29 Articles of the Universal Declaration of Human Rights
Right to Equality
Freedom from Discrimination
Right to life, liberty and personal security
Freedom from Slavery
Freedom from torture and degrading treatment
Right to recognition as a person before the law
Right to remedy by competent Tribunal
Freedom from arbitrary arrest
Right to be considered innocent until proven guilty
Freedom from interference with privacy, family, home
and correspondence
Right to free movement in and out of the country
Right to asylum in other countries from persecution
Right to a Nationality and the freedom to change it
Right to marriage and family
Right to own property
Freedom of Belief and Religion
Freedom of opinion and information
Right to peaceful assembly and association
Right to participate in government and in free
elections
Right to Social security
 Articles of the Universal Declaration of Human Rights
Freedom of Speech
Right to desirable work and to join trade unions
Right to rest and leisure
Right to adequate living standard
Right to Education
Right to participate in the cultural life of the community
Right to social order that articulates this document
Community Duties essential to free and full development
Two kinds of Human Rights
• Civil and Political Rights – Civil Rights and Liberties refer to rights
belonging to a person by reason of citizenship. They are those rights
which relate to the protection to the right to life and personal liberty.
They are essential for a person to lead a dignified life. Such rights include
right to life and liberty, right to freedom from discrimination, right to
equality before the law, right to privacy, freedom from torture and right
to own property.
• Political rights refer to the rights which allow a person to participate in
the government of a State. For example: right to vote, right to get
elected and right to take part in the conduct of public affairs.
• The nature of both of these may be different but they are interrelated
and it does not appear logical to differentiate them.
• Economic, Social and Cultural Rights – These are based fundamentally on the concept
of social equality (also called ‘freedom to’) and are related to the guarantee of
minimum necessities for life.
• Economic rights pertain to access to resources such as land, labour, physical and
financial capital – that are essential for the creation, legal appropriation, and market
exchange of goods and services. For eg: right to work, right to own property, right to
adequate standard of living, etc.
• Social rights relate to living together or enjoying life in communities or organised
groups. For eg: right to social security, right to social welfare, etc.
• Cultural rights ensures the well being of the individual and foster the preservation,
enrichment and dynamic evolution of arts, manners and way of living of a group with
principles of unity in diversity of expression. For eg: right to take part in the cultural life,
right to enjoy the benefits of scientific progress and its applications.
• In the absence of these rights the existence of human being is likely to be endangered.
Also called positive rights and require active intervention and not abstentions from
states. Requires major commitment of resources and therefore their realization cannot
be immediate as in civil and political rights.
• These two sets of rights are recognised by two separate Covenants –
The International Covenant on Civil and Political Rights (ICCPR) and
the International Covenant on Economic, Social and Cultural Rights
(ICESCR) – but there is close relationship between them.
• Civil and political rights can have no meaning unless they are
accompanied by Economic, Social and Cultural Rights.
• Therefore both categories of rights are equally important.
Four Characteristics of Human Rights
• Inherent – essential or intrinsic part of our lives
• Universal – all have human rights no matter who they are or where
they are
• Indivisible – human rights have to be enjoyed by all in its full range
• Inalienable – cannot be taken away or transferred (but can be limited
when the exercise of the same is an affront to the rights of others)