What Are Human Rights?
Human rights are rights inherent to all human
beings, regardless of race, sex, nationality, ethnicity,
language, religion, or any other status. Human rights
include the right to life and liberty, freedom from
slavery and torture, freedom of opinion and
expression, the right to work and education, and
many more. Everyone is entitled to these rights,
without discrimination.
International Human Rights Law
International human rights law lays down the
obligations of Governments to act in certain ways or
to refrain from certain acts, in order to promote and
protect human rights and fundamental freedoms of
individuals or groups.
One of the great achievements of the United Nations
is the creation of a comprehensive body of human
rights law—a universal and internationally protected
code to which all nations can subscribe and all
people aspire. The United Nations has defined a
broad range of internationally accepted rights,
including civil, cultural, economic, political and social
rights. It has also established mechanisms to
promote and protect these rights and to assist states
in carrying out their responsibilities.
The foundations of this body of law are
the Charter of the United Nations and the Universal
Declaration of Human Rights, adopted by the
General Assembly in 1945 and 1948, respectively.
Since then, the United Nations has gradually
expanded human rights law to encompass specific
standards for women, children, persons with
disabilities, minorities and other vulnerable groups,
who now possess rights that protect them from
discrimination that had long been common in many
societies.
Universal Declaration of Human Rights
The Universal Declaration of Human
Rights (UDHR) is a milestone document in the
history of human rights. Drafted by representatives
with different legal and cultural backgrounds from all
regions of the world, the Declaration was proclaimed
by the United Nations General Assembly in Paris on
10 December 1948 by General Assembly resolution
217 A (III) as a common standard of achievements
for all peoples and all nations. It sets out, for the first
time, fundamental human rights to be universally
protected. Since its adoption in 1948, the UDHR has
been translated into more than 500 languages - the
most translated document in the world - and has
inspired the constitutions of many newly
independent States and many new democracies. The
UDHR, together with the International Covenant on
Civil and Political Rights and its two Optional
Protocols (on the complaints procedure and on
the death penalty) and the International Covenant
on Economic, Social and Cultural Rights and
its Optional Protocol, form the so-called International
Bill of Human Rights.
Economic, social and cultural rights
The International Covenant on Economic, Social and
Cultural Rights entered into force in 1976. The
human rights that the Covenant seeks to promote
and protect include:
the right to work in just and favourable
conditions;
the right to social protection, to an adequate
standard of living and to the highest attainable
standards of physical and mental well-being;
the right to education and the enjoyment of
benefits of cultural freedom and scientific
progress.
Civil and political rights
The International Covenant on Civil and Political
Rights and its First Optional Protocol entered into
force in 1976. The Second Optional Protocol was
adopted in 1989.
The Covenant deals with such rights as freedom of
movement; equality before the law; the right to a fair
trial and presumption of innocence; freedom of
thought, conscience and religion; freedom of opinion
and expression; peaceful assembly; freedom of
association; participation in public affairs and
elections; and protection of minority rights. It
prohibits arbitrary deprivation of life; torture, cruel or
degrading treatment or punishment; slavery and
forced labour; arbitrary arrest or detention; arbitrary
interference with privacy; war propaganda;
discrimination; and advocacy of racial or religious
hatred.
Human Rights Conventions
A series of international human rights treaties and
other instruments adopted since 1945 have
expanded the body of international human rights
law. They include the Convention on the Prevention
and Punishment of the Crime of Genocide (1948),
the International Convention on the Elimination of All
Forms of Racial Discrimination (1965),
the Convention on the Elimination of All Forms of
Discrimination against Women (1979),
the Convention on the Rights of the
Child (1989) and the Convention on the Rights of
Persons with Disabilities (2006), among others.
Human Rights Council
The Human Rights Council, established on 15 March
2006 by the General Assembly and reporting directly
to it, replaced the 60-year-old UN Commission on
Human Rights as the key UN intergovernmental
body responsible for human rights. The Council is
made up of 47 State representatives and is tasked
with strengthening the promotion and protection of
human rights around the globe by addressing
situations of human rights violations and making
recommendations on them, including responding to
human rights emergencies.
The most innovative feature of the Human Rights
Council is the Universal Periodic Review. This unique
mechanism involves a review of the human rights
records of all 193 UN member states once every four
years. The Review is a cooperative, state-driven
process, under the auspices of the Council, which
provides the opportunity for each state to present
measures taken and challenges to be met
to improve the human rights situation in their
country and to meet their international obligations.
The Review is designed to ensure universality and
equality of treatment for every country.
UN High Commissioner for Human Rights
The United Nations High Commissioner for Human
Rights exercises principal responsibility for UN
human rights activities. The High Commissioner is
mandated to respond to serious violations of human
rights and to undertake preventive action.
The Office of the High Commissioner for Human
Rights (OHCHR) is the focal point for United Nations
human rights activities. It serves as the secretariat
for the Human Rights Council, the treaty bodies
(expert committees that monitor treaty compliance)
and other UN human rights organs. It also
undertakes human rights field activities.
Most of the core human rights treaties have
an oversight body which is responsible for reviewing
the implementation of that treaty by the countries
that have ratified it. Individuals, whose rights have
been violated can file complaints directly to
Committees overseeing human rights treaties.
Human Rights and the UN System
Human rights is a cross-cutting theme in all UN
policies and programmes in the key areas of peace
and security, development, humanitarian assistance,
and economic and social affairs. As a result, virtually
every UN body and specialized agency is involved to
some degree in the protection of human rights.
Some examples are the right to development, which
is at the core of the Sustainable Development Goals;
the right to food, championed by the UN Food and
Agriculture Organization, labour rights, defined and
protected by the International Labour Organization,
gender equality, which is promulgated by UN
Women, the rights of children, indigenous peoples,
and disabled persons.
Human Rights Day is observed every year on 10
December.
Human rights are 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 Universal Declaration of Human Rights
(UDHR), adopted by the UN General Assembly in
1948, was the first legal document to set out the
fundamental human rights to be universally
protected. The UDHR, which turns 75 on 10
December 2023, continues to be the foundation of
all international human rights law. Its 30
articles provide the principles and building blocks
of current and future human rights conventions,
treaties and other legal instruments.
The UDHR, together with the 2 covenants - the
International Covenant for Civil and Political Rights,
and the International Covenant for Economic, Social
and Cultural Rights - make up the International
Bill of Rights.
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. This principle, as first emphasized in the
UDHR, is repeated in many international human
rights conventions, declarations, and resolutions.
Human rights are inalienable. 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.
Indivisible and interdependent
All human rights are indivisible and
interdependent. This means that one set of
rights cannot be enjoyed fully without the other.
For example, making progress in civil and political
rights makes it easier to exercise economic, social
and cultural rights. Similarly, violating economic,
social and cultural rights can negatively affect
many other rights.
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.
Both rights and obligations
All States have ratified at least 1 of the 9 core
human rights treaties, as well as 1 of the 9
optional protocols. Eighty per cent of States have
ratified 4 or more. This means that States have
obligations and duties under international law to
respect, protect and fulfill human rights.
The obligation to respect means that States
must refrain from interfering with or curtailing
the enjoyment of human rights.
The obligation to protect requires States to
protect individuals and groups against human
rights abuses.
The obligation to fulfill means that States must
take positive action to facilitate the enjoyment
of basic human rights.
Meanwhile, as individuals, while we are entitled to
our human rights – but, we should also respect
and stand up for the human rights of others.
Generally, people should be aware of their rights as
human beings. While in a democracy, these rights
are enjoyed to a great extent by the citizens, same
is not the case in many countries of the world.
The United Nations, through its Human Rights
Council has created a special office, known as the
office of the United Nations High Commissioner for
Human Rights(UNHCHR) to look into matters
relating to human rights.
The following are the basic human rights which
need implementation by countries which have
adopted the protocol:
1.EQUALITY AND NON-DISCRIMINATION
This implies equality of the sexes and non-
discrimination against women.
2. RIGHT TO LIFE, LIBERTY AND SECURITY OF THE
PERSON
This refers to civil and political rights, protection
against police brutality, indiscriminate arrests and
use of coercion and violence by the police to obtain
confessions.
3. ADMINISTRATION OF JUSTIOCE AND THE RULE
OF LAWS
It is imperative that criminal cases reach trial within
reasonable time and that criminals are not kept in
custody over long periods.
4.RIGHT TO PRIVACY, MARRIAGE AND FAMILY LIFE
These are basic to all societies and are important
for the welfare of the human race.
5. FREEDOM OF RELIGION OR BELIEF, expression,
association and peaceful assembly and, right to
participate in public and political life.
6. RIGHT TO WORK AND TO JUST AND FAVOURABLE
CONDITIONS OF WORK
This is a protection against sexual harassment at
work which often go unreported because women
are afraid of losing their jobs. This also provides
protection to migrant workers who face very
difficult living conditions in many countries.
7. RIGHT TO SOCIAL SECURITY AND TO AN
ADEQUATE STANDARD OF LIVING
Economic, social and cultural rights must exist, and
it is the duty of the state to provide proper living
conditions to its citizens. To this effect, the United
Nations has drafted guiding principles on Human
Rights and Extreme Poverty.
8. RIGHT TO EDUCATION AND TO PARTICIPATE IN
THE CULTURAL LIFE OF THE COMMUNITY
These are important tools of socialisation which
ensure the progress of human beings in society.
ESSAY QUESTION
WHAT ARE THE FUNDAMENTAL HUMAN RIGHTS AND TO WHAT EXTENT ARE
THEY SAFEGUARED ACCORDING TO YOU?
INTRODUCTION
Definition and brief elaboration of HUMAN RIGHTS
Address the key words of the question/target the specific issue of the question
FROM A BROAD STATEMENT, WE SHOULD COME TO A SPECIFIC IDEA/OPEN A
DEBATE
PARAGRAPH ONE
FOCUS ON ONE FREEDOM/HUMAN RIGHT-DEBATE WHETHER THIS FREEDOM IS
BEING SAFEGAURDED OR NOT?
BACK UP WITH RELEVANT EXAMPLES (International as well as national)/elaboration must
be done/ give details/ facts & figures to support the argument
PARAGRAPH TWO
FOCUS ON ONE FREEDOM/HUMAN RIGHT-DEBATE WHETHER THIS FREEDOM IS
BEING SAFEGAURDED OR NOT?
BACK UP WITH RELEVANT EXAMPLES (International as well as national)/elaboration must
be done/ give details/ facts & figures to support the argument
PARAGRAPH THREE
FOCUS ON ONE FREEDOM/HUMAN RIGHT-DEBATE WHETHER THIS FREEDOM IS
BEING SAFEGAURDED OR NOT?
BACK UP WITH RELEVANT EXAMPLES (International as well as national)/elaboration must
be done/ give details/ facts & figures to support the argument
PARAGRAPH FOUR
DEBATE on how and which human rights are safeguarded to a reasonable extent -State which
one and How?
PARAGRAPH FIVE
DEBATE on how and which human rights are safeguarded to a reasonable extent -State which
one and How?
CONCLUSION
ADDRESS THE ISSUE OF THE QUESTION DIRECTLY-MAKE A GENERAL
STATEMENT ON THE NEED TO SAFEGUARD HUMAN RIGHTS
[DO NOT ADD A NEW ELEMENT OF INFORMATION IN THE CONCLUSION]
CAN THE FUNDAMENTAL HUMAN RIGHTS BE SAFEGUARDED FULLY OR NOT?
