BY- Divejeshan G V
1st Sem BA LLB(Hons)
25SLLL418018
INTRODUCTION: Human fundamental rights refer to the basic and
inalienable rights that every person is entitled to, regardless of
nationality, gender, ethnicity, or religion. These rights protect
human dignity and promote justice, peace, and equality in society.
They include the right to life, freedom of expression, belief, and
protection from discrimination or arbitrary punishment
HISTORICAL CONTEXT: The concept of human rights dates back to 539
B.C. when Cyrus the Great of Persia issued the Cyrus Cylinder,
regarded as the first charter of human rights. The idea spread
through ancient India, Greece, and Rome, where the notion of
“natural law” developed. Important milestones include the Magna
Carta (1215), the Petition of Right (1628), the U.S. Declaration of
Independence (1776), the French Declaration of the Rights of Man
(1789), and the Universal Declaration of Human Rights
(UDHR) in 1948, which formally recognized 30 rights
applicable to all humans globally
CHARACTERISTICS OF HUMAN RIGHTS: Human rights possess several
defining characteristics
UNIVERSAL: They apply equally to all individuals without discrimination
INHERENT: They belong to every person by birth, not conferred by authority
INALIENABLE: They cannot be taken away or surrendered
EQUAL: Every person has the same set of rights without hierarchy
INTERDEPENDENT: The enjoyment of one right often depends on the
fulfillment of others.
CATEGORIES OF HUMAN RIGHTS: Human rights are generally classified
into three main categories:Civil and Political Rights: These protect
individual freedoms and ensure participation in public affairs (e.g.,
right to life, freedom of speech, equality before the law).Economic,
Social, and Cultural Rights: These guarantee access to essential
resources and opportunities (e.g., right to work, education, health,
and a decent standard of living).Collective or Solidarity Rights: These
concern the rights of communities or groups, such as the right to
self-determination, development, and a healthy environment
PROTECTION AND ENFORCEMENT: Human rights are protected both
nationally and internationally. The Universal Declaration of Human
Rights (1948) and the UN Human Rights Council serve as global
frameworks. In India, they are legally guaranteed under
Articles 12–35 of the Constitution, which enshrine six fundamental
rights including equality, freedom, and constitutional remedies.
The Protection of Human Rights Act, 1993 established bodies like
the National Human Rights Commission (NHRC) and State Human
Rights Commissions (SHRCs) to address violations and enforce
accountability
CONCLUSION: Human fundamental rights form the moral backbone of
modern civilization. They ensure that every individual lives with
dignity, freedom, and equality. Upholding and protecting these rights
is the collective responsibility of governments, institutions, and
individuals, forming the basis of a just and humane global society