Concept of Human Rights

Advocate Shachita Kuikel

Lecturer
Tribhuvan University
[email protected]
 Concept of Rights
• Rights are legal, social, or
ethical principles of freedom or entitlement; that is,
rights are the fundamental normative rules about
what is allowed of people or owed to people,
according to some legal system, social convention,
or ethical theory.
• Rights are interrelated to the philosophy of the
justice and equality .s
• “Right is the capacity residing on one man of controlling,
with the assent and assistance of the state, the actions
of others (Curzon, 1993) .
• Right is regarded as the fundamental principle of law
which is essential for the development of human
personality.
• Rights are concerned with the interests and indeed have
been analyzed as interests protected by rules of right
which is bounded by moral or legal rights.
• There are some essential rights necessary for the
existence of the human beings. These are rights to life,
liberty and property. A man deserves a right to be
brought into existence while he is in the womb and to be
free from hate and despite after death.
 Concept of Human Rights
• Human being is only one rational being in this universe.
• By the virtue human being possess certain basic and
inalienable rights with them which are commonly known
as human rights.
• Every human being has the right to live with human
dignity i.e. live not only for being alive but live with the
dignity with equal protection of your self respect and
your life.
• Human right is that concept which deals with due
respect of an individual to live with dignity as a human
being with out any threat and surveillance.
• Human rights are fundamental and inalienable
rights which are essential for life as human being.
• These rights are possessed by every human being
irrespective of their nationality, race, religion, sex
etc.
• These rights are inherent rights of human being
which are basic rights to live as a human being.
• Human rights declares that every individual has
legitimate claims upon his/her own society for
certain freedoms and benefit. They are prima facie
rights i.e. right to life, liberty and property. (Fawcett,
1968)
• The notion of human right is a political idea with
moral foundations. It is an expression of the political
relationship between the state and people.
• Human rights are bedrock principles which underpin
all societies where there is rule of law and democracy.
• The concept of human rights are indeed a legal, moral
and political phenomenon which binds state to
protect rights of the people with limited governance.
• Coined the word Human Rights instead of Rights of
Man by Eleanor Roosevelt in 1948 which got universal
acceptance. (Delegate from USA to draft UDHR)
Concept of human Rights relates with:
a. promotion of human dignity
b. Applicable to all human beings beyond their
nationality, religion, caste, race and gender.
c. It is a common language of humanity
d. equally entitled to all the human beings. (equality
before the law and equal protection by the law)
e. Ground for non-discrimination to the people
f. Rule of law and democracy
g. Human rights are indivisible and interrelated with
each other.
 Human Rights Defined
• Human rights are universal rights which can not be
deprived to any citizens of the state in universe. These
are the rights by virtue of his/ her human dignity.
• Universal, absolute and fundamental moral claims which
belongs to all human beings.
• These are basic rights of the people which advocates
fairness, equality, freedom and respect to all human
being.
• These are derived from the inherent dignity of human
person and are defined internationally, nationally and
locally by various law making bodies.
 Scholarly views on Human Rights
• “Human Rights are based on mankind’s increasing demand
for a civilized life in which the inherent dignity of each human
being is well respected and protected”-( Anand, 1997).
• RJ. Vincent: “ human rights are the rights that everyone
equally has by virtue of his/her very humanity and also by
virtue of his/her being grounded in appeal to our human
nature” (Vincent, 1986)
• D.D. Basu : “human rights are those rights, which even –
individual must have against the state or public authority by
virtue of his/her being a member of the human family
irrespective of any other considerations” (Basu, 1994).
• “ All human rights are universal, indivisible,
interdependent and interrelated”. World
Conference on Human Rights, 1993 Vienna
• “Recognition of the inherent dignity and of the
equal and inalienable rights of all members of the
human family is the foundation of freedom, justice,
and peace in the world…” Preamble of Universal
Declaration of Human Rights, 1984
• “Human rights and fundamental freedoms are
birth right of all human beings” Vienna Declaration
1993
• So, human rights can be defined as the supreme,
inherent and inalienable rights to life, to dignity and
to self-development.
• It is concerned with issues in both areas of civil and
political rights and economic, social and cultural
rights founded on internationally accepted human
rights obligation.
• Thus, human rights are more than legal concepts
i.e. they are an essence of man kind which make
man human.
 Characteristics of human Rights
• Universal application
• Nationally and internationally guaranteed
• Focus on the inherent dignity and equal worth of all
human beings
• Impose obligations upon states and state actors to
respect, protect and fulfill human rights
• Inalienable
• Indivisible
• Interdependent
 Principle of human rights
• The principle of universal inherence
• The principle of inalienability
• The principle of rule of law
 Human Rights v. Fundamental Rights

• Basic rights for all human being v. primary rights of

the citizens which is provided by the constitution of
the state.
• basic and absolute rights only
• Universal rights v. it is specific to the state.
• Constitutional remedies v. international instrument
 Five Categories of Human Rights
• Civil rights : right to life, right to religion, right to equality,
right against preventive detention, Freedom of speech
and expression
• Political rights : right to caste vote, right to involve in
politics,
• Economic Rights: right to participate in economy, right to
desirable work (opportunity)
• Social Rights : right to education, health, food, shelter and
social security
• Cultural rights : right to religion, right to language and
culture
 Sources of human Rights
• Religion
• Natural law: individual autonomy
• Positivism : The authority of the state
• International Instruments
• Public interest