Overview on Universal Human Right

 

Veena Devi

Shanti Niketan, College of Pharmacy, Malther, Mandi-175008 (H.P.), India

 

ABSTRACT:

In this review we present the theoretical background of human rights. Human Rights are the moral rights of highest order. The idea of human rights is one of the most pervasive features of our political reality. The concept is in vogue and perhaps all the modern nation-states have tried to formulate their own institutional rights, which may not or may relate to human rights. Environmental protection is first ascertained as a universal concern which warrants consideration within a human rights context. The author recalls the foundation on which is grounded the concept of human rights, namely the human dignity, irrespective of culture, race, religion or gender. Finally, in concluding remarks, the paper considers the actual trend of recognizing human rights norms and condemning their abuses.

 

 

INTRODUCTION:

All human beings are born with equal and inalienable rights and fundamental freedoms. The United Nations is committed to upholding, promoting and protecting the human rights of every individual. This commitment stems from the United Nations Charter, which reaffirms the faith of the peoples of the world in fundamental human rights and in the dignity and worth of the human person^1,2. The United Nations adopted human rights after the end of the Second World War. The human rights prepared for the protection of human beings. The United Nation form community with members of different country^3,4.

 

The United Nations has clearly mentioned the philosophy of human rights. The development of the nation of objective right, the idea of a natural law determining right behaviour which stood above the people of the world and ordered their conduct, found expression through the intellectual work done in the dominant states and institutions of the early medieval period; the close connection between these writers and the centres of contemporary power has been such that their influence has continued to be felt.

 

The power of the Roman Catholic Church may have been severely affected by schism and secularism but its hold on the Global North remains sufficiently strong for the writings of St Paul, St Augustine and St Thomas Aquinas to have entered into and to have remained embedded within that culture’s mainstream^5,6. 

 

But opposite to this trend, there has been a sort of resistance in many parts of the world, where human rights norms are seen as western matter. During the Cool War period, countries of the Soviet block used to consider them as linked to ‘capitalist bourgeoisie’ while young independent nations of the South saw the focus on human rights as a threat to their newly acquired sovereignty. Both sides claimed their right to difference. This raises the issue whether human rights standards should be considered differently because of cultural or differences among peoples. To put it another way, “are human rights of universal viability and applicability or are they better understood and evaluated within specific social and cultural contexts? What level of social accountability can be accommodated within the emerging global human rights regime to accord it cultural legitimacy within various societies?” Voices from the West have pointed out that differences among people did not permit them to meet the Western standards of human rights. It is believed that some cultures are more likely to commit human rights abuses, and for a series of reasons, there are people elsewhere to cover them or to keep silent because of their interest, thus ‘excusing the inexcusable’ which they claim being ‘part of their culture’⁷. 

Human rights are sometimes referred to as fundamental rights, basic rights, inherent rights, natural rights and birth rights. They are essential for all individuals to protect themselves against the State or public authority or against members of its own class. Human rights are characterized as inalienable, connection with human dignity and necessary for the purpose of fulfillment of human life⁸. The aim of this paper is to produce details about the role, nature and concept of human rights, meanwhile legislation and violation of human rights. 

 

Perspective of Rights and Duties 

From a historical point of view, `right' in its objective sense is described as right or just actions that individuals have to discharge to maintain harmonious relationships between themselves. In the modern or subjective sense, its definition is long and divisive. Whatever may be the controversy, and scholarly discussion that surrounds the historical origins, and the different meanings that `Right' has, in general rights mean- a legal sanction or normative value⁹.  

 

Nature and Concept of Duties

Human rights are conferred on an individual due to the very nature of his existence. They are inherent in all individuals irrespective of their caste, creed, religion, sex and nationality. Human rights are conferred to an individual even after his death. The different rituals in different religions bear testimony to this fact⁹.  

 

Protection and Promotion of Human Rights

Human rights belong to everyone irrespective of one’s cast, class, race, age, gender, religion etc. In democratic societies fundamental human rights and freedom are put under the guarantee of law and therefore, their protection becomes an obligation of government authorities. It is the responsibility of every state that the people living there should be able to enjoy their freedom, they should not be deprived of their basic human rights These rights are broadly classified into civil and political rights on the one hand and economic, social and cultural rights on the other. If these rights are protected then only the progress and development will become possible. All these human rights are meaningless if they are not protected. There protection requires certain mechanism which will promote these rights. In this chapter we are going to study the prescribed mechanism for protection and promotion of human rights in India. For this purpose various commissions have been established in our country which we are going to study. According to Justice T K Thommen, the National Human Rights Commission was meant to highlight the pressing problem that endangers human rights. Its main function is to be the watchdog of human rights¹⁰. 

 

Role of Non-Government Organizations in Protecting Human Rights

Non government Organizations (NGO's) are voluntary organizations. They are formed by people who want to work for the welfare of people in general and the less privilege and help less in particular.  Human Rights have to be claimed and exercised. This is essential for mans self respectful life. But in some situations Human Rights pertaining to liberty, security etc cannot be exercised. They are suppressed and violated. Of course there are constitutional safeguards for the exercise and protection of Human Rights. It is the constitutional duty of the government to protect the Human Rights of people. There are several national and state commissions for the purpose of protecting the Human Rights. But these commissions have certain limitations in the protection of Human Rights. Non – Government organizations (NGO’S) work for the welfare of people. These organizations also fight for the protection of Human Rights. There are hundreds of NGO' s working at the national and international level for the cause of the protection of Human Rights. We are mainly concerned with the study of some prominent NGO' s in India that work for the protection of Human Rights¹¹.

 

Human rights legislation commonly contains:

Security rights that protect people against crimes such as murder, massacre, torture and rape.

Ø  Liberty rights that protect freedoms in areas such as belief and religion, association, assembling and movement

Ø  Political rights that protect the liberty to participate in politics by expressing themselves, protesting, voting and serving in public office

Ø  Due process rights that protect against abuses of the legal system such as imprisonment without trial, secret trials and excessive punishments

Ø  Equality rights that guarantee equal citizenship, equality before the law and nondiscrimination

Ø  Welfare rights (also known as economic or social rights) that require the provision of education and protections against severe poverty and starvation

Ø  Group rights that provide protection for groups against ethnic genocide and for the ownership by countries of their national territories and resources¹².

 

Violations of Human rights

Human rights Violations is abuse of people in a way that it abuses any fundamental human rights. It is a term used when a government violates national or international law related to the protection of human rights. According to the Universal Declaration of Human Rights, fundamental human rights are violated when:

Ø  A certain race, creed, or group is denied recognition as a "person". (Article 2)

Ø  Men and women are not treated as equal. (Article 2)

Ø  Different racial or religious groups are not treated as equal. (Article 2) · Life, liberty or security of person are threatened. (Article 3)

Ø  A person is sold as or used as a slave. (Article 4)

Ø  Cruel, inhuman or degrading punishment is used on a person (such as torture or execution). (Article 5)

Ø  Punishments are dealt arbitrarily or unilaterally, without a proper and fair trial. (Article 11)

Ø  Arbitrary interference into personal, or private lives by agents of the state. (Article 12)

Ø  Citizens are forbidden to leave their country. (Article 13) · Freedom of speech or religion are denied. (Articles 18 & 19)

Ø  The right to join a trade union is denied. (Article 23)¹²

 

REFERENCES:

1.       Ki-moon B. Universal declaration of human rights. United nation department of public information, New Work. 2007.

2.       Robertson and Merrils, Human Rights in the World: An Introduction to the Study of International Protection of Human Rights, Manchester University Press, 1996.

3.       Ibhawoh B. Cultural Relativism and Human Rights: Reconsidering the African Discourse. NHRQ. 19 (1); 2005: 43-50. 

4.       Dunne, T., and Wheeler, N. J., Human Rights I Global Politics, Cambridge University Press, 1999.

5.       Ignatieff M. The Lesser Evil. Political Ethics in an Age of Terror. Edinburgh University Press, Edinburgh. 2004.

6.       Cullet P. definition of an environmental right in a human rights context. Netherlands Quarterly of Human Rights. 1995.  

7.       Basantani KT. Human Rights, Science, Technological Development, Sheth Publishers, 2008. 

8.       Sastry TSN, Introduction to human rights and duties. University of Pune Press, Pune. 2011.

9.       Over, W., Human Rights in the Public Sphere: Civic Discourse for the 21^st Century, Ablex Publishing Corporation, Stamford, 1999.    

10.     Wadhawani MR. The Philoosphy and Practice of Human Rights- Chetana Publishers, 2003.

11.     Garland D. The culture of control: Crime and Social order in contemporary society. Oxford University Press, 2001.

12.     Winick BJ. The Jurisprudence of Therapeutic Jurisprudence. Psychol. Pub. Policy. 1; 1997: 184.

 

 

Received on 09.02.2014       Modified on 28.02.2014

Accepted on 13.03.2014      © A&V Publication all right reserved