Human Rights – Detailed Explanation
Written By Dr Syed Raza shah Gilani
Human rights are fundamental rights and freedoms inherent to all human beings by virtue of
being human. They are universal, inalienable, and legally protected under international and
domestic law.
1. Definition of Human Rights
Human rights are rights that belong to every person regardless of nationality, race, religion,
gender, or status. They protect individual dignity, freedom, equality, and justice.
The foundation of modern human rights law is the Universal Declaration of Human Rights
(UDHR), adopted after World War II.
Article 1 of the UDHR states:
“All human beings are born free and equal in dignity and rights.”
2. Historical Development of Human Rights
(1) Early Foundations
Magna Carta – limited the powers of the King and recognized certain legal rights.
Bill of Rights – strengthened parliamentary democracy and civil liberties.
(2) Post–World War II Era
After the atrocities of the Holocaust, the international community developed a global human
rights system under the United Nations:
Universal Declaration of Human Rights
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Together these are known as the International Bill of Rights.
3. Characteristics of Human Rights
(1) Universality
Human rights apply to everyone everywhere.
(2) Inalienability
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They cannot be taken away except in limited lawful circumstances.
(3) Indivisibility
Civil, political, economic, social, and cultural rights are equally important.
(4) Interdependence
The enjoyment of one right often depends on others. For example, the right to education supports
freedom of expression.
4. Categories of Human Rights
A. Civil and Political Rights
Protected mainly under the International Covenant on Civil and Political Rights.
Examples:
Right to life
Freedom of speech
Freedom of religion
Right to a fair trial
Freedom from torture
Case example:
In Soering v United Kingdom, the court held that extradition exposing a person to inhuman
treatment violates human rights.
B. Economic, Social and Cultural Rights
Protected under the International Covenant on Economic, Social and Cultural Rights.
Examples:
Right to work
Right to education
Right to health
Right to adequate housing
These rights require progressive realization by States.
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C. Collective or Third-Generation Rights
These include:
Right to development
Right to self-determination
Right to a healthy environment
Self-determination was affirmed in cases such as the Western Sahara Advisory Opinion.
5. Regional Human Rights Systems
(1) European System
Based on the European Convention on Human Rights, enforced by the European Court of
Human Rights.
(2) Inter-American System
Based on the American Convention on Human Rights.
(3) African System
Based on the African Charter on Human and Peoples' Rights.
6. Enforcement of Human Rights
(1) International Level
UN Human Rights Council
Treaty monitoring bodies
International courts
(2) Domestic Level
States incorporate treaties into national law. For example, the Human Rights Act 1998
incorporates the European Convention into UK law.
7. Limitations on Human Rights
Human rights are not absolute (except some like prohibition of torture).
Certain rights can be limited for:
National security
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Public order
Public health
Morality
However, limitations must be lawful, necessary, and proportionate.
8. Universalism vs Cultural Relativism
A major debate in human rights law concerns whether rights are universally applicable or
culturally dependent.
Universalists argue rights apply equally worldwide.
Cultural relativists argue rights must reflect cultural and religious traditions.
This debate is particularly relevant in pluralistic societies.
9. Contemporary Challenges
1. Terrorism and security laws
2. Digital privacy and surveillance
3. Refugee crises
4. Climate change and environmental rights
5. Gender equality and minority protection
10. Conclusion
Human rights form the moral and legal foundation of modern international law. They aim to
protect human dignity, equality, and freedom at both domestic and international levels.
In summary:
Human rights are universal, legally protected freedoms and entitlements that safeguard human
dignity against abuse by the State or others.
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