Human Rights

“Recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.” 

-Preamble, Universal Declaration of Human Rights

Introduction:

Human Rights are those rights which are intrinsic to all the individuals, irrespective of their nationality, sex, place of residence, religion, color, language or any other status. These rights are equally conferred upon every individual around the world without any kind of discrimination. Such rights are considered to be interrelated, interdependent and indivisible in nature. The concept of human rights cannot be laid down in a water-tight compartment as it is an ongoing development. The conclusion of World War II saw various countries and international organizations around the world coming forward to join hands in order to promote these basic rights for all.

Universally recognised human rights are articulated and guaranteed by law, in the context of treaties, customary international law, general principles and other sources of international law. As per the International Human Rights law, it is the Government’s liability to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or different groups. Human rights is a key component, to secure the dignity of an individual and to give a recognition to their life. In other words, human rights enable an individual to live with dignity, freedom, peace, equality, peace and justice.

Human rights aim to provide full advantage to individuals by accessing them to fulfil their basic necessities like food, shelter, clothes, education, et al. Human rights help them to perceive opportunities and to build up to their potential as an individual. Individuals are tied in with carrying on with an actual existence liberated from dread, provocation, or separation. 

Indian Legal Provisions:

The Constitution of India gave essential significance to human rights. To cite Guha

The interest for a statement of central rights emerged from four factorsAbsence of common freedom in India during the British guideline; Woeful social conditions, especially influencing the untouchables and ladies; Presence of various strict, etymological, and ethnic gatherings energized and misused by the Britishers; Misuse of the inhabitants by the proprietors” 

The Constituent Assembly incorporated the substance of the rights announced and received by the General Assembly in the Universal Declaration of Human Rights. Furthermore on 10th December 1948, when the Constitution of India was taking shape, the General Assembly broadcasted and embraced the Universal Declaration of Human Rights, which without a doubt affected the confining of India’s Constitution. Seen from the Indian point of view, human rights have been synthesized, as it were, not as a coordinated texture by the preliminary guarantees and different constitutional conditions of the National Charter of 1950.

The Constitution of India which came into force on 26th January 1950 with 395 Articles and 8 Schedules, is one of the most detailed crucial legal documents at any point received. The Preamble of the Constitution pronounces India to be a Sovereign, Socialist, Secular, and Democratic Republic. The term ‘equitable’ means that the Government gets its position from the desire of the individuals. It gives an inclination that they all are equivalent “independent of the race, religion, language, sex, and culture.” The Preamble to the Constitution edges social, economic and political justice; liberty, equality and fraternity. On the basis of these provisions and the comprehensive interpretation by Hon’ble Supreme Court of India, the country has emerged as a champion of human rights.

International Legal Dimensions

According to the United Nations, human rights secures an individual to be able to fully develop and use their abilities like intelligence, talent and conscience to satisfy his or her spirits as well as the others. The Universal Declaration of Human Rights is a pivotal resolution in this regard adopted by the UN General Assembly in the year 1948. As per the definition provided by International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights, 1966, human rights indicate freedom from the bondage, from fear, from all the norms which lead to incarceration of the individual and relishing their lives with recognition to their civil, political, social, economic as well as cultural rights. Further, Vienna Declaration and Programme of Action, World Conference on Human Rights, 1993, defined human rights as ‘universal, indivisible and interdependent and interrelated.’ The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis.

Worldwide human rights law, which applies consistently including during circumstances of crisis and strife, sets out the fundamental insurances that all people are qualified for. States must regard, guarantee, and satisfy these rights. 

Global human rights law is the assortment of worldwide law planned to advance and secure human rights at the universal and household levels. As a type of global law, universal human rights law consists of an arrangement that is a lawfully authoritative understanding between State parties and standard worldwide law. 

The Human Rights Council is made out of 47 United Nations Member States, engaged to forestall misuses, disparity and discrimination. The Council set up Special Procedures (or components) to address either explicit nation circumstances or topical issues over the globe. Extraordinary Procedures are either an individual  who can be a unique rapporteur or agent or autonomous master or a working gathering. They are noticeable, autonomous specialists chipping away at a deliberate premise and are designated by the Human Rights Council. There are presently 30 topical commands and eight-nation orders. All of them report to the Human Rights Council on their discoveries and suggestions. 

Apart from this framework, there are provincial frameworks of global human rights law that supplement national and worldwide human rights law by ensuring and advancing human rights in explicit regions of the world. There are three key local human rights instruments: the African Charter on Human and Peoples’ RightsThe American Convention on Human Rights; and the European Convention on Human Rights.

Conclusion:

Since fundamental rights are constituted to all citizens under the Constitution of India., all the human rights are not fundamental rights. Primarily, fundamental rights are awarded to all citizens as per the legal system of the country without any conditions. These rights and freedoms are enjoyed by the citizens of the country into the certain determination of boundaries. While human rights are universally recognized rights, that protect an individual from inhuman behavior of other individuals as well as provide protection to an individual’s physical, mental and emotional health. The right to speak freely of discourse, the right to follow any religion and its religious practices, and the rights to wellbeing, instruction, and a satisfactory way of living are some of the human rights. 

The reason of human rights being globally recognized is due to the non-discrimination. The purpose of human rights is the same for every individual: to be free from all inhumanity and live with basic human dignity. Human Rightscontemplate an individual’s minimum standard of living with freedom and dignity. It provides a scope to individuals to express themselves in front of others in the society. It is a right that guarantees an individual a safe and secure environment where they can live with freedom and honour.

In ongoing decades, there has been a colossal development by the way we consider and apply human rights principle that has positively impacted the society. Additionality, information about human rights can engage people and offer answers for their explicit issues. Human rights are significant postulates that govern individuals’ interface with others at all levels including in the family, network, schools, working environment, legislative issues, and international relations. These rights indeed ensure that basic human dignity is conferred upon all human beings. Summarily, when individuals better comprehend human rights, it is simpler for them to advance equity and the prosperity in the society.

Shreya


Author
Shreya Srivastava, 3rd year, Symbiosis Law School, Hyderabad

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