The Nature of
Human Rights
Aarthi Raju
IV Sem LLB
Introduction
Fundamental to the existence and dignity of every human being
Universal, Inalienable, Indivisable
Not priveleges granted by govts, intrinsic to all
Essential for personal freedom
Irrespective of race, nationality, gender, status
Critical to preserving rule of law in a democracy
Foundational nature of national and international legal frameworks
Definition & Legal Recognition
Justice Durga Das Protection of Human Universal Declaration
Basu Rights Act 1993 of Human Rights
1948
“Those minimal rights that “The rights relating to life,
every individual must have by liberty, equality & dignity of “Rights derived from the
virtue of his being a member of the individual guaranteed by inherent dignity of the human
the human family irrespective the Constitution & enforceable person”
of any other consideration” in Courts in India”
These definitions underscore that human rights are not conferred by legislation, but are
recognized and safeguarded through it.
Nature & Characteristics of
Human Rights
EQUALITY & MORAL &
UNIVERSALITY NON- LEGAL
INALIENABILITY DISCRIMINATION INDIVISIBILITY DIMENSIONS
Universal in nature
By virtue of being a Have dual
Cannot be taken Uphold principles of
human Civil, political, characteristics
away or transferred, equal treatment
Foundational to economic, social Ethical
even by consent Discrimination based
instruments like are imperatives &
Cannot give up their on gender, caste,
UDHR interconnected legally recognized
rigth to be treated religion etc is Independent & entitlements
with dignity inconsistent with the inherent Gain traction
May be limited at nature of Human
through legal
certain times - Rights
mechanisms
emergencies Articles 14-18 of the
Core essence - Constitution
invoidable
Evolution & Generations of
Human Rights
First Generation Second Generation Third Generation
Civil & Political Rights Economic, Social & Collective or Solidarity
which evolve from Cultural rights. Rights
liberal democratic Right to work, Right to healthy
revolutions. education, health & environment,
Right to life, liberty, housing development & peace
expression and Access to social Transnational in
participation benefits Nature
Categorization proposed by Karl Vasak, indicating expanding scope of human rights
Human Rights in the Indian
Constitutional Framework
Part III, Articles 12-35 | Articles 14, 19, 21 - Equality before law,
Fundamental Rights
Speech & Expression, Life & personal Liberty
Not enforceable, reflect human rights ideals | Economic &
DPSP (Part IV)
Social Rights (Articles 38-39, 41-46)
SC expanded Article 21 to include:
Right to Privacy (K.N. Puttuswamy vs Union of India, 2017)
Judicial Interpretation Right to Shelter (Chameli Singh vs State of Up, 1996)
Right to clean Environment (Subhash Kumar vs State of Bihar,
1991)
International Universal Declaration of Human Rights (UDHR)
1948
Human Rights International Covenant on Civil and Political
Framework Rights (ICCPR) 1966
International Covenant on Economic, Social &
Cultural Rights (ICESCR) 1966
Convention on the Elimination of all forms of
Discrimination against Women (CEDAW)
These instruments have shaped India’s domestic legal framework and judicial
approach, particularly through Article 51 c of the constitution
National Human Rights Commission NHRC
Established under Protection of Human Rights Act to investigate
violations and provide remedies
State Human Rights Commission SHRC
Function at State level
Courts
Role of Play an active role through PIL and Constitutional Interpretation
Institutions
Civil Society & Media
Serve as watchdogs to ensure accountability
Conclusion
The nature of Human Rights lies in their intrinsic value to human existence
They are essential conditions for a just society | Not optional
Legal enforcement, societal awareness and political commitments are
essential for realizing these rights
Uphold the spirit of human dignity, equality & justice
Thank you!