Human Rights Meaning

Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity,
language, religion, or any other status. Human rights are the basic rights and freedoms that belong
to every person in the world, from birth until death. 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.

Importance of Human Rights

Human rights are important because no one should be abused or discriminated against, and
because everyone should have the chance to develop their talents.

#1: Human rights ensure people have basic needs met

Everyone needs access to medicine, food and water, clothes, and shelter. By including these in a
person’s basic human rights, everyone has a baseline level of dignity. Unfortunately, there are still
millions of people out there who don’t have these necessities, but saying it’s a matter of human
rights allows activists and others to work towards getting those for everyone.

#2: Human rights protect vulnerable 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 powerholders, instead of ignoring
them.

#3: Human rights allow people to stand up to societal corruption

The concept of human rights allows people to speak up when they experience abuse and
corruption. This is why specific rights like the right to assemble are so crucial because no society is
perfect. The concept of human rights empowers people and tells them that they deserve dignity from
society, whether it’s the government or their work environment. When they don’t receive it, they can
stand up.

#4: Human rights encourage freedom of speech and expression

While similar to what you just read above, being able to speak freely without fear of brutal reprisal is
more expansive. It encompasses ideas and forms of expression that not everybody will like or agree
with, but no one should ever feel like they are going to be in danger from their government because
of what they think. It goes both ways, too, and protects people who want to debate or argue with
certain ideas expressed in their society.

#5: Human rights give people the freedom to practice their religion (or not practice any)

Religious violence and oppression occur over and over again all across history, from the Crusades
to the Holocaust to modern terrorism in the name of religion. Human rights acknowledges the
importance of a person’s religion and spiritual beliefs, and lets them practice in peace. The freedom
to not hold to a religion is also a human right.

#6: Human rights allows people to love who they choose

The importance of freedom to love cannot be understated. Being able to choose what one’s
romantic life looks like is an essential human right. The consequences of not protecting this right are
clear when you look at countries where LGBT people are oppressed and abused, or where women
are forced into marriages they don’t want.

#7: Human rights encourage equal work opportunities

The concept of human rights provides a guide for how workers should be treated and encourages
equality.

#8: Human rights give people access to education

Education is important for so many reasons and is crucial for societies where poverty is common.
Organizations and governments concerned with human rights provide access to schooling, supplies,
and more in order to halt the cycle of poverty. Seeing education as a right means everyone can get
access, not just the elite.

#9: Human rights protect the environment

The marriage between human rights and environmentalism is becoming stronger due to climate
change and the effects it has on people. We live in the world, we need the land, so it makes sense
that what happens to the environment impacts humanity. The right to clean air, clean soil, and clean
water are all as important as the other rights included in this list.

#10: Human rights provide a universal standard that holds governments accountable
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.

Characteristics of Human rights

1. Human rights are universal in nature which means that they are given to every individual
irrespective of his/her caste, creed, race, religion, nationality and place of birth.

2. These are inalienable rights. Many philosophers believe that these are natural rights given by
God and cannot be taken away or changed by anyone.

3. These are indivisible and interdependent rights. If a government gives one right then it has to
protect the other rights of its citizens. For example, it is the duty of government to protect the
right of fair hearing and provide food, shelter and clean environment to its citizens in order to
protect the right to life of its citizens.

4. They are inherent to each person and available since birth.

5. They are not lost if the man is not familiar with his rights or if he does not use his rights. For
example if a person is not aware of his right to consult the advocate then it does not mean
that his right is finished. It is then the duty of authorities to provide him with free legal aid or
tell him his rights.

6. They protect the dignity and personality of humans. Rights like right to life, right to liberty,
right against arbitrary arrest and punishment etc protect the dignity of a person.

Sources of Human Rights

 International treaties

These are the most important sources of human rights. There are multiple treaties on human rights
which are binding on the states who are party to such treaties. For example, the European
Convention on Human Rights, the American Convention, the African Charter on Human Rights,
and People’s Rights.
  International customs

These rights have acquired the status of customary international law by their practice and, thus, are
binding on all the states irrespective of their consent. Many of these rights are a part of customary
international law and thus known as a source of human rights.

 International instruments

There are several declarations, resolutions, and recommendations related to human rights that have
been adopted by the United Nations as a source of such rights. Some of these are the Universal
Declaration of Human Rights (1948), declarations adopted at the Tehran Conference (1968) and
the Vienna Conference (1993).

 Judicial decisions

The International Court of Justice serves as another important source of human rights by setting up
precedents and decisions in various disputes and case laws relating to violations of human rights.

 Official documents

Documents and journals like Human Rights Law Journal, Human Rights Review, European Law
Review, and other collective official work under the United Nations serve as the source of human
rights.

Classification of Human Rights

The Universal Declaration of Human Rights did not precisely categorise human rights but mentioned
2 kinds:

 Civil and political rights

 Economic, social, and cultural rights

1. Civil and political rights

The rights that protect the life and personal liberty of a person are called civil rights. They are
necessary to maintain the dignity of a person. Political rights are such rights that allow a person to
participate in governmental activities. These include rights like the right to vote and the right to be
elected. Both these rights are covered in the International Covenant on Civil and Political Rights.
These rights are also called first-generation rights and are derived from 17th and 18th-
century theories related to the American, English, and French Revolutions. These form a
part of negative rights because the government abstains from doing such activities or
forming policies that violate these rights. The following civil and political rights are
recognised in the declaration of human rights by the United Nations:

 Right to life, personal liberty, and security (Article 3)

 Freedom from slavery (Article 4)

 The prohibition against torture and inhuman treatment (Article 5)

 Equality before the law and equal protection (Article 7)

 Remedy before national tribunals (Article 8)

 Freedom from arrest, which is arbitrary in nature (Article 9)

 Right to a fair trial and public hearing by an impartial tribunal (Article 10)

 Freedom from ex-post-facto laws (Article 11)

 Right to privacy (Article 12)

 Right to nationality (Article 15)

 Right to own property (Article 17)

 Right to freedom of religion and conscience (Article 18)

 Freedom of expression (Article 19)

 Freedom to conduct a peaceful assembly (Article 20)

 Take part in government activities (Article 21)

 2. Economic rights, cultural Rights and social rights

These rights are also called freedoms and guarantee a person the minimum necessities of
life. These are also included in the International Covenant on Economic, Social and Cultural
Rights. These form a part of positive rights as the state is required to frame policies and
provisions to implement such rights. These rights are based on the concept of social
equality and are second-generation rights. These rights include the right to work, social
security, physical and mental health, and education. The various economic, cultural, and
social rights recognised by the Universal Declaration of Human Rights are as follows:

 Right to social security (Article 22)

 Right to work and choice of employment (Article 23)

 Right to rest (Article 24)

 Right to standard living and health (Article 25)

 Right to education (Article 26)

 Freedom to participate in cultural life (Article 27)

 Right to social and international order (Article 28)

Significance of the Universal Declaration of Human Rights

 The UDHR is widely regarded as a groundbreaking document that provides a

comprehensive and universal set of principles in a secular, apolitical document that is
beyond cultural, religious and political ideologies The Declaration was the first
instrument of international law to use the phrase “rule of law”, thereby establishing
the principle that all members of all societies are equally bound by the law regardless
of the jurisdiction or political system.

 In International law, a declaration is different from a treaty in the sense that it

generally states aspiration or understanding among the parties, rather than binding
obligations. For this reason, the Universal Declaration of Human Rights is a
fundamental constitutive document of the United Nations and, by extension, all 193
parties of the UN Charter

European Convention on Human Rights

The European Convention on Human Rights, was opened for signature in Rome on 4 November
1950 and came into force on 3 September 1953. The European Convention on Human Rights (ECHR)
protects the human rights of people in countries that belong to the Council of Europe. All 47 Member States
of the Council, including the UK, have signed the Convention. Its full title is the ‘Convention for the
Protection of Human Rights and Fundamental Freedoms’

The Convention consists of numbered ‘articles’ protecting basic human rights. The
UK made these rights part of its domestic law through the Human Rights Act 1998.

What rights and freedoms does the Convention protect

As amended by Protocol 11, the Convention consists of three parts. The main rights and freedoms
are contained in Section I, which consists of Articles 2 to 18. Section II (Articles 19 to 51) sets up the
Court and its rules of operation. Section III contains various concluding provisions.

Before the entry into force of Protocol 11, Section II (Article 19) set up the Commission and the
Court, Sections III (Articles 20 to 37) and IV (Articles 38 to 59) included the high-level machinery for
the operation of, respectively, the Commission and the Court, and Section V contained various
concluding provisions.

Many of the Articles in Section I are structured in two paragraphs: the first sets out a basic right or
freedom (such as Article 2(1) – the right to life) but the second contains various exclusions,
exceptions or limitations on the basic right (such as Article 2(2) – which excepts certain uses of
force leading to death).
The Convention secures:

 the right to life (Article 2)

 freedom from torture (Article 3)

 freedom from slavery (Article 4)

 the right to liberty (Article 5)

 the right to a fair trial (Article 6)

 the right not to be punished for something that wasn’t against the law at the time (Article 7)

 the right to respect for family and private life (Article 8)

 freedom of thought, conscience and religion (Article 9)

 freedom of expression (Article 10)

 freedom of assembly (Article 11)

 the right to marry and start a family (Article 12)

 the right not to be discriminated against in respect of these rights (Article 14)

 the right to protection of property (Protocol 1, Article 1)

 the right to education (Protocol 1, Article 2)

 the right to participate in free elections (Protocol 1, Article 3)

 the abolition of the death penalty (Protocol 13)

The European Court of Human Rights

The European Court of Human Rights applies and protects the rights and guarantees set out in the
European Convention on Human Rights.