UNDERSTANDING

THE HUMAN RIGHTS

Private Law Institutions - English

Student: Buran Stefania Madalina,

Master of Law - Private Law

Institutions
 ntroduction
What does human rights means?

This is a concept that enthralled the minds of jurists and activists for justice from all times.
And it has a different meaning depending on the person you ask.

For a slave it means freedom , for a prisoner it means justice, for a victim of war

the right to live in peace

it means and so on. The meaning of human rights it based on

everyone’s need. But does this concept have a general meaning?

This project intends to expound, in a general concept, the notion of human rights
Human rights :

freedom

justice

live in peace
“To deny people
their human rights

is to challenge their
very humanity”

Nelson Mandela
The concept of human rights
Human rights are at the core of humanity and must be respected by everybody
worldwide.
There are a lot of definitions for this concept like:

“Human rights are commonly understood as inalienable fundamental rights to

which a person is inherently entitled simply because she or he is a human being”
1.

“Human rights constitute a set of norms governing the treatment of individuals

and groups by states and non-state actors on the basis of ethical principles
regarding what society considers fundamental to a decent life. ”2.

“ The human rights regime consists of

a set of interlocking claims, practices, and institutions that seek freedom,
equality, and human dignity, codified in a set of core treaties that establish
a normative consensus on minimal standards.”3.
The concept of human rights
The most significant definition ever given to the notion of human rights is the
one noted from United Nations. This definition represents the foundation on
which the universal declaration of human rights was drawn up:

“ 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.”4.

But is this enough to really understand the true meaning of this concept of human rights? To
have an overall picture, I propose to delve into history, because “Those who forget their
history are condemned to repeat it.” (George Santayana)
A SHORT HISTORY OF HUMAN RIGHTS
This concept of human rights and the idea that those rights are related to the person and the person acquire
them by birth is a quite new idea. Throughout history, those rights were divided unequally based on origins, state,
skin color, fortune etc.

Some human rights are as old as civilization. For example rights like protection of the law, special protection
of vulnerable groups like children, women, minorities, elderly, the right to free and fair justice can be found on
some laws from 1750 BC from decreed by king Hammurabi of Babylon. In fact in Babylon happened first
manifestation of human rights, when Cyrus the Great, after conquering the city of Babylon, did something totally
unexpected—he freed all slaves to return home. Moreover, he declared people should choose their own religion.
That was an example for other countries too, so the concept of human rights spread quickly to India, Greece and
eventually Rome.5

Let’s have a quick preview of the period when some of the rights begin to be visible:
A SHORT HISTORY OF HUMAN RIGHTS
The idea that equality of rights applies to all people is found in the Greek philosophy of the
Equality Stoics, around 3th century BC. They considered man and woman to be equal. Some stoics
considered slaves on equal footing as well.

People’s representation From the 12th century, small parliaments were established in Scotland, Poland, the kingdom
of León and Paris and started to develop the practice that government owes a responsibility to
representatives of the people. More clear was when it was introduced the English Magna
Carta of 1215, a contract between the monarch and the citizens who formed a ‘parlamentium’

Individual freedom Around 18th century was the era in which the American Declaration of Independence (1776)
and the French Declaration of Human Rights and Citizen (1789) were adopted.

A British national trade union was founded in 1830. Under pressure from within and outside
Socio-economic rights and of parliament, the British Empire abolished the slave trade in 1807 and slavery in 1833. Only
abolition of slavery decades later was slavery abolished in countries such as Russia (1861), the Netherlands
(1863) and the United States (1865).

Equal rights for women and Women’s suffrage was introduced in New Zealand (1893), later in countries including The
Netherlands and Russia (1917), the United States (1920) and the United Kingdom (1928). 5
men
Human rights around the world
Even if this concept of human right become a normality of the contemporary world, not all the countries in the
world has the same respect for its values.
Progress indeed exist, but the situation of human rights around the world known some serious human rights
abuses as it can be seen below7

1. 2. 3. 4.
At least 113 Armed groups committed human At least 156 human rights At least 55% of countries conducted
countries arbitrarily rights abuses in at least 36 defenders died in detention unfair trials where justice is not served
restricted freedom of countries or were killed for the accused, the victim of the crime
expression and the press or the public.

5. 6. 7. 8.
122 or more countries tortured or War crimes or other 30 or more countries illegally forced 61 or more countries locked up
otherwise ill-treated people. violations of the “laws of refugees to return to countries people who were simply exercising
war” were carried out in at where they would be in danger. their rights and freedoms
least 19 countries.
Human rights around the world
According to the statistic below , Arabian and On the opposite side, according to the following statistic, the
Asian countries have the Lowest Human Freedom leading countries for human rights and rule of law in 2022 are
Indexes in 2022, like Syria or North Korea 8 the countries from Europe, especially those from north and
west Europe, like Norway, Finland, Belgium and Luxembourg.
 BASIC PRINCIPLES OF HUMAN
RIGHTS
Based on standard sources of international law it can be identified the principles
of human right 9 . Whether
they rela
cultural, te to c
economic iv
Universality means that all people social issu , politica il,
es, huma l or
everywhere in the world are Universality and inherent
to the d
n rights
entitled to human rights. Indivisibility human p ignity of are
Human rights are inalienable Inalienability human r
erson. C
ights hav
onsequen
every
tly, all
insofar as no person may be and can e equal
not be status,
divested of his or her human rights, hierarchic positione
al order. d in a
save under clearly defined legal
circumstances.

Interdependence and HUMAN Equality and Non- hu All

m in
Interrelatedness discrimination
r
tes
i bu o f a
RIGHTS 10
th a n d i v
e i b id
hu nh ein ua
th ma eren gs a ls ar
er n t nd e
n t ef pe di
co ion b eq
o ne lizat n e di ore, rso gnit y v ual
ch ea ma th sc sh n. y ir a
rim o N of tu s
Ea the r ’s hu ugh is or in uld o o eac e of
to rson thro of h tal, cal at su ne h
pe nity tion men logi i o ff ,
n er
dig isfac elop ycho eds
sat r dev l, ps l ne States and other
he ysica ritua duty-bearers are
ph d spi Participation and Accountability answerable for
human rights. In
the observance
of
an this regard, they
All people have the right to
participate in and access
Inclusion and Rule of Law have to compl
y with the leg
al
norms and stand
ards enshrined in
information relating to the international
human rights
decision-making processes that instruments.
affect their lives and well-being.
LIMITATIONS OF HUMAN
RIGHTS
These rights do not provide absolute freedom, and certain limitations upon human rights must be considered. Limitations
on human rights are in fact restrictions on individual freedoms to ensure the protection of the rights and freedoms of
others, public order and general welfare, which are essential in maintaining and protecting the common interests of
society as a whole. 11.

Human rights courts and treaty bodies have developed a test to establish whether a measure limiting a non-absolute right is
legitimate. The following questions must be asked:
• Is there a legal basis for the measure limiting the right?
• Does the limitation on the right follows a legitimate aim such as respect of the rights or reputations of others, the
protection of national security, the maintenance of public order or public health or morals?
• If so, is the limitation necessary to achieve the legitimate aim?
•Does the restriction respect the principle of equality? Is it non-discriminatory? 12.

Only if all of these questions can be answered in the affirmative in a specific case will a restriction on a non-absolute right
be permissible under international human rights law.
 Three commonly recognized categories of limitations on human rights are:

 Derogations- Temporary measures that, in times of crisis or emergency, may suspend certain human
rights to protect the nation

 Permissible limitations
- Restrictions on certain human rights in normal circumstances to maintain
societal structure and protect others' rights.

 Non-derogable rights
- Certain core human rights, such as the right to life and the prohibition
of torture, that can never be limited or derogated from in any situation.

Factors That Influence Limitations

1.National laws and regulations: The legal framework of each country may impose limitations on human rights to varying
extents, depending on their own cultural, political and social values.
2.International laws and treaties: International human rights instruments often contain provisions that explicitly allow for
certain limitations in specific circumstances. Signatory states must abide by these rules while interpreting and implementing
their human rights obligations.
3.The type of right concerned: Some human rights are absolute and non-derogable, while others permit a certain level of
limitation.
4.Societal demands and circumstances: The needs of a society for public order, safety, and general welfare may justify
limitations on individual rights in certain situations.
 Human Rights Violations
Violations of human rights exist in every part of the world. For example, Amnesty
International’s 2009 World Report and other sources show that individuals are:
•Tortured or abused in at least 81 countries
•Face unfair trials in at least 54 countries
•Restricted in their freedom of expression in at least 77 countries 13.
Not only that, but women and children in particular are marginalized in numerous ways, the
press is not free in many countries, and dissenters are silenced, too often permanently

According to Borden Magazine here are some of worst human rights violations of all time:

» Child Slavery in the Lord’s Resistance Army (LRA) in northern Uganda

» Forced sterilization for disabled underage girls in Australia
» Forced vaginal examinations of Afghan women
» Uganda’s “Anti-Gay Bill” (crimes punishable by life in prison)
» Child Labour During the Industrial Revolution (worked up to 19 hours a day for little or no pay)
» Slavery in The United States
» The Holocaust
» Modern Sex Trafficking
» Taliban Crimes in Afghanistan 14.
THE UNIVERSAL DECLARATION THE EUROPEAN CONVENTION
OF HUMAN RIGHTS ON HUMAN RIGHTS
VS
o The Universal Declaration of Human o The
Rights (UDHR) is a statement of European Convention on Human Rights
fundamental rights, established by the (ECHR) was drawn up in response to the
United Nations, in response to the terrors atrocities of World War II.
of World War II. o It is an international treaty (a formal legal
o Is not a treaty itself, but defines the agreement between states).
words “fundamental freedoms” and o States which have signed up to the
“human rights” in the United Nations Convention are bound, as a matter of
Charter, which is binding on member international law, to secure to everyone
states. within their jurisdiction the rights and
o The UDHR has associated protocols that freedoms set out in the Convention.
urge countries to limit the use of the o Because the ECHR has a court and treaty
death penalty status, its clauses are subject to being
interpreted in the context of case law, and
to have binding implementations.
 Human Rights Institutions
National Human Rights Institutions (NHRIs) are state-mandated bodies, independent of government,
with a broad constitutional or legal mandate to protect and promote human rights at the national level.
Those institutions address the full range of human rights, including civil, political, economic, social and
cultural rights.
FUNCTIONS OF NATIONAL HUMAN RIGHTS INSTITUTIONS
 Advising on international legal compliance - Advising on the compliance of national laws and practices with all
international human rights norms
 Monitoring - Monitoring and investigating the human rights situation on the ground, such as freedom of expression and
assembly
 Advising - Advising government, parliament and other public bodies to address core human rights concerns, as well as to
eradicate all forms of discrimination
 Reporting - Reporting to the public, Parliament and international monitoring bodies such as the Council of Europe
 Complaints handling - Some institutions provide support for individuals to enforce their rights through complaints handling
 Legal assistance - Providing support for individuals to enforce their rights through legal assistance
 Research - Publishing research, recommendations and opinions
 Promotion - Promoting a culture of rights, through training and awareness raising activities on a variety of issues, such as the
right to adequate housing, health or education
 Supporting Human Rights Defenders - Supporting the work of Human Rights Defenders to combat issues related to all
areas of human rights
 The International Council on Human Rights Policy reported that NHRIs are established in three key ways: in countries that are
experiencing conflict (usually internal like South Africa, Ireland or Spain), or to respond to claims of serious human rights abuses. In some
member states those institutions work at the international and regional level (such as in the European Union).They may work as
preventative mechanisms for non-discrimination of minority groups or international crimes (such as torture). They are a useful tool in
assisting states to comply with international rights standards by providing a uniquely objective perspective and addressing and resolving
issues at the domestic level
Global Alliance of National Human Rights Institutions (GANHRI) -
(formerly known as the International Coordinating Committee of National Institutions for the Promotion and Protection of
Human Rights (ICC), is a representative body of institutions worldwide. Its goal is to develop and create effective and
independent NHRIs around the world

The International Ombudsman Institute -

provides support for the national ombudsman institutions for human rights who similarly protect and promote human rights.
They are more concerned with state administration processes and so receive and make complaints in regards to any
systematic or administrative human rights breaches or concerns

International Coordinating Committee of NHRIs –

organises an annual meeting and a biennial conference that facilitates and supports NHRI engagement with the United Nations
system.[20] At these gatherings NHRIs are able to share their expertise on specific topics and engage with the United Nations
Office of the High Commissioner for Human Rights (OHCHR), which acts as a Secretariat of the Coordinating Committee. In
order to facilitate NHRI dialogue with civil society the Coordinating Committee also holds an NGO forum.

Regional grouping: •European Group of National Human Rights Institutions

•International Ombudsman Institute •Network of National Institutions in the Americas
•Network of African National Human Rights Institutions (NANHRI) •Asia Pacific Forum of National Human Rights
Institutions (APF)
CONCLUSIONS
Human Rights are the basic rights which form the essential part of ones development as human being. Understanding
the very nature of the concept of human rights is a primal step on understanding the humanity in essence. No one
should be deprived by those essentials right. The sacredness of human values, freedoms, and rights must be
safeguarded and maintained. Human Rights Commissions need to be established in all countries to ensure the rights
and freedoms of human beings remain intact.
Even if there are a lot of countries where human rights is just a baseless notion is our responsibility, all of us, to
spread this idea around the globe so those rights would be understood as a part of everyone’s life. Nobody should
have the right of life and death over another human being.

HUMAN RIGHTS CAN BE THE BASIS FOR A FUTURE OF

HUMANITY THAT UNTIL NOW HAS BEEN AN APPARENTLY
IMPOSSIBLE DREAM.
Bibliography
1. Magdalena Sepúlveda, Theo van Banning, Gudrún D. Gudmundsdóttir, Christine Chamoun and Willem J.M. van
Genugten, Human rights reference handbook, University for Peace, Costa Rica, 2004,
2. Stephen P. Marks, Human Rights: A Brief Introduction, Harvard University, Cambridge U.S.A., 2016,
3. Alison Brysk and Michael Stohl, Expanding Human Rights, Edward Elgar Publishing Limited, Cheltenham UK, 2017
4. https://www.un.org/en/global-issues/human-rights
5. https://www.youthforhumanrights.org/what-are-human-rights/background-of-human-rights.html
6. https://www.amnesty.nl/a-brief-history-of-human-rights
7. https://www.amnestyusa.org/updates/what-is-the-state-of-human-rights-around-the-world/
8. https://www.statista.com/statistics/1362842/countries-least-free-world/
9. Inter-Parliamentary Union and the United Nations, Human Rights Handbook for Parliamentarians N° 26, Printed by
Courand et Associés, 2016
10. https://www.unfpa.org/resources/human-rights-principles
11. https://www.studysmarter.co.uk/explanations/law/human-rights-law/limitations-of-human-rights/
12. https://www.unodc.org/e4j/zh/terrorism/module-7/key-issues/limitations-permitted-by-human-rights-law.htm
13. https://www.humanrights.com/what-are-human-rights/violations-of-human-rights/
14. https://www.borgenmagazine.com/10-worst-human-rights-violations-time/