Understand the Importance and features of human right

INTRODUCTION

Human rights are freedoms established by custom or international agreement that impose standards of conduct on all nations. Human rights are distinct from civil liberties, which are freedoms established by the law of a particular state and applied by that state in its own jurisdiction. 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." Human rights are thus conceived as universal (applicable everywhere) and egalitarian (the same for everyone). These rights may exist as natural rights or as legal rights, in both national and international law[1].

Human rights include the right to personal liberty and Due Process of Law; to freedom of thought, expression, religion, organization, and movement; to freedom from discrimination on the basis of race, religion, age, language, and sex; to basic education; to employment; and to property. Human rights laws have been defined by international conventions, by treaties, and by organizations, particularly the United Nations. These laws prohibit practices such as torture, Slavery, summary execution without trial, and arbitrary detention or exile.

Human rights can be classified and organized in a number of different ways, at an international level the most common categorization of human rights has been to split them into civil and political rights, and economic, social and cultural rights.

Civil and political rights are enshrined in articles 3 to 21 of the Universal Declaration of Human Rights (UDHR) and in the International Covenant on Civil and Political Rights (ICCPR).

Economic, social and cultural rights are enshrined in articles 22 to 28 of the Universal Declaration of Human Rights (UDHR) and in the International Covenant on Economic, Social and Cultural Rights (ICESCR).[2]

 

Importance of Human Right

Human rights hold various significances to the society which makes it valuable. Some of them are:

It gives access to the basic needs

Through human right, basic needs such as , food and water, clothes, and shelter are easily accessed. By including these in a person's basic human rights, everyone has a baseline level of dignity.

It protect Disabled groups from abuse

The Declaration of Human Rights was created largely because of the Holocaust and the horrors of WII. During that time in history, the most vulnerable in society were targeted along with the Jewish population, including those with disabilities and LGBT. Organizations concerned with human rights focus on members of society most vulnerable to abuse from power holders, instead of ignoring them.

It set a worldwide standard and norms that enforce accountability of the government

When the UDHR was released, it had a two-fold purpose: provide a guideline for the future and force the world to acknowledge that during WWII, human rights had been violated on a massive scale. With a standard for what is a human right, governments can be held accountable for their actions. There's power in naming an injustice and pointing to a precedent, which makes the UDHR and other human right documents so important.

Main body

The following are the basic characteristics of human rights:

1. It is inherent by nature,The most outstanding characteristics of Human Rights are that it is inherent and natural. None acquires it by any special quality of reputation. It is not the charity of any person or any social system. Every man is by born entitled to these rights. Thus it do not have to be bought, earned or inherited; they belong to people simply because they are human. Human rights are inherent to each individual. The idea that people have inherent rights has its roots in many cultures, and traditions. We can see from numerous examples of revered leaders and influential codes of practice that the values embodied in human rights are neither a "Western creation" nor a 20th-century invention. They are a response to universal human needs and for the search for justice. All human societies have had ideals and systems of ensuring justice, whether in their oral or written traditions, although not all of these traditions have survived.[3]

 

2. It is a fundamental right, Human Rights are fundamental rights because without them, the life and dignity of manwill be meaningless.

 

3. It is Not Exchangeable: Human Rights cannot be handed over, exchanged or transferred. It is excessive to all. It could neither be given away, nor could be stolen or taken away by snatching. no one has the right to deprive another person of them for any reason. People still have human rights even when the laws of their countries do not recognize them, or when they violate them - for example, when slavery is practiced, slaves still have rights even though these rights are being violated. Human rights are inalienable. Human Rights are inalienable because:
4. They cannot be rightfully taken away from a free individual.
5. They cannot be given away or be forfeited.

 

4. Imprescriptibly - Human Rights do not prescribe and cannot be lost even if man failsto use or assert them, even by a long passage of time.
5. Human rights are indivisible, interdependent and interrelated.

 

This means that different human rights are intrinsically connected and cannot be viewed in isolation from each other. The enjoyment of one right depends on the enjoyment of many other rights and no one right is more important than the rest. To live in dignity, all human beings are entitled to freedom, security and decent standards of living concurrently. Human rights are indivisible. Human Rights are not capable of being divided. They cannot be denied even when other rights have already been enjoyed.

 

6. Universal  Universality stands out as the basic value of human rights. Everyone is entitled to all the rights and freedoms set forth in this Declaration. It is universal in application and they apply irrespective of one's origin, status, or condition or place where one lives. Human rights are enforceable without national border. Human rights are the same for all human beings regardless of race, sex, religion, political or other opinion, national or social origin. We are all born free and equal in dignity and rights human rights are universal.
7. Interdependent - Human Rights are interdependent because the fulfillment or exercise of one cannot be had without the realization of the other.

V.Feasibility: The important characteristics of Human Rights are its feasibility or effectiveness. That is Human Rights should never be viewed as a hypothetical or abstract concept. It is shaped by the social values, norms, culture and institutions[4]

 

The Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the United Nations General Assembly in 1948, partly in response to the barbarism of World War II. The UDHR urges member nations to promote a number of human, civil, economic and social rights, asserting these rights are part of the "foundation of freedom, justice and peace in the world". The UDHR was framed by members of the Human Rights Commission, with Eleanor Roosevelt as Chair, who began to discuss an International Bill of Rights in 1947. The members of the Commission did not immediately agree on the form of such a bill of rights, and whether, or how, it should be enforced. The Commission proceeded to frame the UDHR and accompanying treaties, but the UDHR quickly became the priority.[5]

Origin of the Universal Declaration of Human Rights

The philosophy of Human Rights began with the Enlightenment. In The Social Contract (I,4), Rousseau sought "a form of association … in which each, while uniting himself with all, may still obey himself alone, and remain as free as before."

The 1948 text of the Universal Declaration of Human Rights is inspired by the 1789 text of The Declaration of the Rights of Man and of the Citizen.

After the horrors of the Second World War, the international community decided to draw up an international charter of rights that would affirm the values put forward in the struggle against fascism et Nazism.

The drafting of such a charter was entrusted to a committee chaired by Eleanor Roosevelt and composed of members from 18 countries. The Charter was drafted by Canadian John Peters Humphrey, and then revised by Frenchman René Cassin.

 

Implication of Universal Declaration of Human rights 1948

• Human rights is the foundation of freedom and justice in the World
• Reaffirm natural law theory by using natural language that human right are inherit, and inalienable.
• It is binding and it sets standard to be observed by every nation in preserving and promotion of human rights.
• Inseparable by combining civil, social, cultural, economic, and political rights.
• It stipulate rights and duties oif people towards the society
• Stipulate characteristics of human rights such that universality, indivisibility, independent and interdependent.
• Raised awareness to human rights issues.

 

 

 

 

REFERENCES

Books

1. Guðmundur S. Alfreðsson, Asbjørn Eide,(1999) The Universal Declaration of Human Rights: A Common Standard of Achievement Kluwar Law International
2. Gordon DiGiacomo,,, Human Rights: Current Issues and Controversies, University of Toronto Press
3. Conor Gearty et al (2001) Can Human Rights Survive? Cambridge University Press
4. Makau Mutua (1998), Human Rights: A Political and Cultural Critique, University of Pennsylvania

Websites

1. https://www.equalityhumanrights.com/en/what-are-human-rights/what-universal-declaration-human-rights as accessed on 23th June 2020

[1] Guðmundur S. Alfreðsson, Asbjørn Eide,(1999) The Universal Declaration of Human Rights: A Common Standard of Achievement Kluwar Law International 18

[2]  Gordon DiGiacomo,,, Human Rights: Current Issues and Controversies, University of Toronto Press

[3] Conor Gearty et al (2001) Can Human Rights Survive? Cambridge University Press

[4] Makau Mutua (1998), Human Rights: A Political and Cultural Critique, University of Pennsylvania

[5] https://www.equalityhumanrights.com/en/what-are-human-rights/what-universal-declaration-human-rights