1.
Discuss definition, origin and international Human
Rights/Laws. OR
What is the legal status of UDHR and the role in the
development of human rights framework?
Introduction:
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.
Interpretation of term Human Rights:
Human rights have been promoted since 1946 by the
United Nations as part of its mandate. But since the human
rights standard setting has been continuously developing,
new concepts have also been adopted by the international
community and made part of human rights obligations of
the states.
Definition of Human Rights:
Human rights are the basic rights and freedoms that belong
to every person in the world, from birth until death. They
apply regardless of where you are from, what you believe
or how you choose to live your life.
According to Stanford Encyclopedia of Philosophy:
Human rights are norms that aspire to protect all people
everywhere from server political, legal and social abuses.
Examples of human rights are the right to freedom of
religion, the right to a fair trial when charged with a crime
the right not to be tortured and the right to education.
According to the United Nations:
Human rights are the 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.
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 Declaration of Human
Rights: “All human beings are born free and equal in
dignity and rights.” They are not a monopoly of any
privileged class of people. They are universal in nature,
without consideration, and without exception.
Human Rights are Inherent:
Human Rights are inherent in all individuals irrespective of
their caste, creed, religion, sex, and nationality. Human
rights are enforceable without a national border.
Human Rights are Inalienable:
Human rights are conferred on an individual due to the very
nature of his existence, and even after his death. The
different rituals in different religions bear testimony to this
fact. Human rights are inalienable because, they cannot be
rightfully taken away from a free individual, 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.
Human Rights are Indivisible:
Human Rights are not capable of being divided. They
cannot be denied even when other rights have already been
enjoyed. Irrespective of their relation with civil, cultural,
economic, political, or social issues, human rights are
inherent to the dignity of every human person.
Consequently, all human rights have equal status, and
cannot be positioned in a ranked order.
Ideas of Human Rights:
a) Era of Democratic Revolution:
The idea of human rights lay at the center of the American
and French revolutions which started an ear of democratic
revolution throughout the nineteenth century paving the
way for the advent of universal suffrage/rights to vote.
b) World wars of the twentieth century:
The wold wars of the twentieth century led to the Universal
Declaration of Human Rights. The post-war era saw human
rights movements for special interest groups such as
feminism/doctrine and the civil rights of African -
Americans.
c) Human Rights of members of the Soviet Bloc:
The Human rights of members of the Soviet Bloc emerged
in the 1970s along with worker’s rights in the West. The
movement quickly set as social activism and political style
in many nations put it high on the world agenda.
d) 21 st Century
Samuel Moyn, has argued the human rights movement
expanded beyond its original anti monocracy to include
numerous causes involving doctrine and social and
economic development in the Development World.
The Universal Declaration of Human Rights (UDHR),
UDHR was 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 (ICCPR) the
International Covenant for Civil and Political Rights, and
(ICESCR) the International Covenant for Economic, Social
and Cultural Rights - make up the International Bill of
Rights.
Conclusion:
Human rights the basic rights and freedoms that belong to
every person in the world, from birth until death and it has
been promoted since 1946 by the United Nations. Human
rights 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.
However, human rights can be restricted to an extent.
Human rights are the pathway to getting justice. The are the
protective laws. There are thirty Human rights that are
described in The Universal Declaration of Human Rights
(UDHR).
