Defining Human Rights:
Human rights are inherent, inalienable, and universally entitlement that belong to
every human being—regardless of race, religion, sex, nationality, ethnicity,
language, status, or any other distinction—by virtue of being human (birth
right) , ipso facto (by the very fact). They are the moral and legal foundation
for dignity, freedom, equality, and justice, binding both governments and
non-state actors to respect, protect, and fulfill( no- third party violations) , these
rights across all spheres of life enshrined in international treaties (e.g., ICCPR,
ICESCR, ECHR), national constitutions, and court precedents.
Right-holder (human being) vs Duty-bearer (state)
Characteristics:
1. Inherent & Inalienable: Human rights are not granted by the state;
they exist naturally naturae iure (by the law of nature), and cannot be
taken away, even in times of emergency, except in narrowly defined legal
situations (e.g., derogation under Article 15 ECHR during war Silent leges
inter arma" — In times of war, the laws fall silent.).
"All human beings are born free and equal in dignity and rights. They
are endowed with reason and conscience and should act towards one
another in a spirit of brotherhood. "
– Article 1, Universal Declaration of Human Rights (UDHR), 1948
2. Interdependent & Indivisible
Human rights are interconnected. One right cannot be fully realized without the
others.
Example: The right to education (Art. 26 UDHR) enhances the right to
political participation (Art. 21 UDHR).
Example: Freedom from torture (Art. 5 UDHR) is linked to the right to a fair
trial (Art. 10 UDHR).
Nemo potest esse simul actus et iudex in propria causa.
(No one can be judge in their own cause.
Natural Law Theory (Locke, Aquinas):
"Ius gentium" – Law of nations grounded in shared human reason.
Linkage of concept of state to the right of security and other protections
guaranteed.
Categories of Human Rights
Category Examples
Right to life, freedom of speech, right to
vote (ICCPR) : "Audi alteram partem" —
Civil & Political Rights Let the other side be heard.
A foundation for due process and fair
trial rights.
Right to education, health, housing, work
(ICESCR) "Salus populi suprema lex esto"
— The welfare of the people shall be the
Economic, Social &
supreme law.
Cultural Rights
Justifies positive obligations on the
state.
Right to development, peace, clean
environment Communis error facit ius" —
Collective / Solidarity
Common belief creates law.
Rights ( 3rd- Generation
Often invoked in evolving rights
rights
norms, especially in international soft
law.
Right to privacy online, data protection,
Digital/Emerging Rights
internet access
Sources of Human Rights
1. International Law:
a. Universal Declaration of Human Rights (1948)
b. International Covenant on Civil and Political Rights (ICCPR)
c. International Covenant on Economic, Social and Cultural Rights
(ICESCR)
d. Regional Conventions: ECHR (Europe), ACHPR (Africa), ACHR
(Americas)
2. National Constitutions and Laws:
a. UK: Human Rights Act 1998
b. Pakistan: Constitution of 1973 – Articles 8–28
c. India: Fundamental Rights – Articles 12–35
3. Customary International Law & Jus Cogens Norms
a. Rights like freedom from torture, slavery, and genocide are non-
derogable and binding on all states.
Challenges to Human Rights Today
Authoritarianism, surveillance, digital censorship
Armed conflict, displacement, statelessness
Discrimination based on race, gender, sexuality
Climate change as a human rights issue
Origin of HR:
The human rights discourse originated as a form of resistance with the aim of
liberation from oppression
