The Basic

Principles of
Human Rights

By Dr Neel Mani Tripathi

(PhD and Post Doc in Law)
1. Introduction to Human Rights
Human Rights are the fundamental rights
and freedoms inherent to every
individual, irrespective of nationality, race,
gender, religion, or any other status.
Key Characteristics of Human Rights:
1. Inherent: Every person is born with
these rights.
2. Universal: Applicable to all
individuals globally.
3. Indivisible and Interdependent: All
categories of rights are equally
important and interconnected.
4. Inalienable: Cannot be taken away,
except in specific legal circumstances.
 5. Enforceable: States and
international bodies are obligated to
uphold them.

2. Basic Principles of Human Rights

A. Universality
• Definition: Human rights apply to
everyone, everywhere, without
exception.
• Legal Basis:
o Universal Declaration of Human
Rights (UDHR), 1948, Article 1: “All
human beings are born free and equal
in dignity and rights.”
 o International Covenant on Civil and
Political Rights (ICCPR), 1966,
Preamble.
• Example: Right to life is universally
recognized, regardless of cultural or
religious differences.
• Significance: Ensures that all
individuals, irrespective of their status,
are entitled to equal protection under
human rights law.
B. Inalienability
• Definition: Human rights cannot be
transferred, renounced, or revoked
except under legally defined situations
(e.g., imprisonment after due process).
 • Legal Basis:
o ICCPR, Article 9: Prohibits arbitrary
deprivation of liberty.
o ICESCR (International Covenant on
Economic, Social and Cultural
Rights), 1966, Article 8: Protects
workers’ rights to freedom of
association.
• Example: A state cannot arbitrarily
deprive a person of their freedom
without due process.
• Significance: Ensures that basic
human rights remain intact even in
adverse situations.
C. Indivisibility
• Definition: Civil, political, economic,
social, and cultural rights are equally
important and cannot be treated in
isolation.
• Legal Basis:
o Vienna Declaration and Programme
of Action, 1993, Paragraph 5.
o UDHR, Article 30: Protects against
actions undermining the rights of
others.
• Example: The right to education (social
right) supports the exercise of the right
to political participation (civil right).
 • Significance: Highlights the
interconnectedness of all rights for
holistic development.
D. Equality and Non-Discrimination
• Definition: All individuals are entitled to
enjoy human rights without
discrimination based on race, gender,
religion, or other factors.
• Legal Basis:
o UDHR, Article 2: Prohibits
discrimination in the enjoyment of
rights.
o ICERD (International Convention on
the Elimination of All Forms of
 Racial Discrimination), 1965, Article
1.
• Example: Equal pay for equal work as
per ICESCR, Article 7.
• Significance: Ensures fairness and
prevents marginalization of vulnerable
groups.
E. Participation and Inclusion
• Definition: Everyone has the right to
actively participate in decisions
affecting their lives and society.
• Legal Basis:
o ICCPR, Article 25: Right to
participate in public affairs.
 o UNDRIP (UN Declaration on the
Rights of Indigenous Peoples),
2007, Article 18.
• Example: Indigenous communities’
right to participate in governance
affecting their resources.
• Significance: Promotes democratic
governance and inclusivity.
F. Accountability and Rule of Law
• Definition: States and other entities are
held accountable for their actions and
must operate within the framework of
the law.
• Legal Basis:
 o UDHR, Article 8: Right to an effective
remedy for human rights violations.
o Convention Against Torture (CAT),
1984, Article 2.
• Example: Governments are held
accountable for arbitrary detentions
through legal remedies.
• Significance: Ensures justice and
prevents abuse of power.

3. Categories of Human Rights

A. Civil and Political Rights
• Definition: Rights that protect
individuals from state interference and
 ensure participation in the civil and
political spheres of society.
• Key Provisions:
o Right to life: ICCPR, Article 6.
o Freedom from torture: CAT, Article 1.
o Freedom of speech: ICCPR, Article
19.
• Example: The right to vote in free and
fair elections.
• Significance: Safeguards individual
freedoms and democratic values.
B. Economic, Social, and Cultural Rights
• Definition: Rights that ensure access to
essential resources and opportunities
for well-being.
 • Key Provisions:
o Right to education: ICESCR, Article
13.
o Right to health: ICESCR, Article 12.
o Right to work: ICESCR, Article 6.
• Example: Universal access to primary
education.
• Significance: Addresses basic human
needs and promotes socio-economic
development.
C. Collective Rights
• Definition: Rights belonging to groups,
especially marginalized or indigenous
communities.
• Key Provisions:
 o Right to self-determination: ICCPR,
Article 1.
o Rights of indigenous peoples:
UNDRIP, Articles 25-28.
• Example: Indigenous peoples’ right to
preserve their cultural heritage.
• Significance: Protects the identity and
rights of communities.

4. Key International Legal Instruments

A. Universal Declaration of Human
Rights (UDHR, 1948)
• Purpose: Established universal
standards for human rights.
• Key Articles:
 o Article 1: Equality and dignity.
o Article 3: Right to life, liberty, and
security.
• Significance: Non-binding, but serves
as the foundation for international
human rights law.
B. International Covenant on Civil and
Political Rights (ICCPR, 1966)
• Purpose: Protects civil and political
rights.
• Key Articles:
o Article 7: Prohibits torture.
o Article 19: Freedom of expression.
o Article 25: Right to political
participation.
 • Significance: Legally binding on
member states.
C. International Covenant on Economic,
Social, and Cultural Rights (ICESCR,
1966)
• Purpose: Ensures socio-economic
rights.
• Key Articles:
o Article 6: Right to work.
o Article 11: Right to adequate living
standards.
o Article 12: Right to health.
• Significance: Legally binding and
complementary to ICCPR.
D. Convention on the Elimination of All
Forms of Discrimination Against
Women (CEDAW, 1979)
• Purpose: Promotes gender equality.
• Key Provisions:
o Article 1: Defines discrimination.
o Article 16: Equal rights in marriage.
• Significance: Focuses on eliminating
systemic discrimination against
women.
E. Convention on the Rights of the Child
(CRC, 1989)
• Purpose: Protects children's rights.
• Key Provisions:
 o Article 6: Right to survival and
development.
o Article 28: Right to education.
• Significance: Establishes the legal
framework for children’s welfare.
F. Convention Against Torture (CAT,
1984)
• Purpose: Prohibits torture and ill-
treatment.
• Key Articles:
o Article 2: No justification for torture.
o Article 14: Victims’ right to redress.
• Significance: Strengthens global
mechanisms against torture.
G. Regional Mechanisms
• Examples:
o European Convention on Human
Rights (ECHR): Monitored by the
European Court of Human Rights.
o African Charter on Human and
Peoples’ Rights.
o Inter-American Commission on
Human Rights.

5. Enforcement Mechanisms
1. United Nations Human Rights
Council (UNHRC): Conducts Universal
Periodic Reviews (UPRs).
2. Office of the High Commissioner for
Human Rights (OHCHR): Provides
 technical support and monitors
compliance.
3. International Criminal Court (ICC):
Prosecutes individuals for crimes like
genocide and war crimes.
4. Regional Courts: Examples include
the European Court of Human Rights
and African Court on Human and
Peoples’ Rights.

6. Challenges to Human Rights

• Cultural Relativism: Clash between
universal norms and local traditions.
• State Sovereignty: Limits international
intervention.
• Economic Inequalities: Disparities
hinder equal rights.
• Weak Enforcement: Limited resources
for monitoring and accountability.

By Dr Neel Mani Tripatrhi