Authored By: Sarabjit Thakur
Sister Nivedita University
Introduction:
Human rights are inalienable and inherent rights enjoyed by all human beings without exception—this is true everywhere and always, irrespective of a person’s race, sex, nationality, ethnicity, language, religion, or any other status distinguishing them. Human rights are defined as universal, i.e., for everyone; inalienable, i.e., not susceptible of being taken away or waived; and indivisible, i.e., not susceptible of being divided into hierarchies of priority or importance. Collectively, these are the basic building blocks upon which legal and ethical models for governments and societies worldwide are built. In this article, a detailed and extensive review of human rights is provided, exploring their exact definition, the historical foundations that have developed over the years, the main international instruments enforcing these rights, the dierent categories into which these rights can be divided, the legal mechanisms available for enforcement, urgent contemporary concerns regarding human rights, and an enlightened view of the future of global human rights as we enter the future.
The Concept and Definition of Human Rights:
Human rights are generally understood to be moral standards or principles that set some standards of human behavior, which are fully protected by national and international law. Unlike privileges or rights granted by the powers of government, human rights are both inalienable—i.e., one can never lose them even by voluntary actions—and universal, holding for all people simply because they are human. Basic examples are the right to life, liberty, equality, and personal security, as well as freedom of thought, conscience, and religion.
Contemporary conception, especially in the legal sense, identifies human rights as having civil, political, economic, social, and cultural dimensions. They are not only goals to be achieved but are legally enforceable rights acknowledged by domestic, regional, and international tribunals.
Historical Development of Human Rights
Ancient and Medieval Foundations of Civilizations:
The concepts of inherent rights, which are assumed to be fundamental to human liberty and dignity, can in fact be traced through the centuries back in history to some of the globe’s earliest civilizations such as Mesopotamia, India, China, Greece, and Rome. In these various cultures, various forms of justice and equality developed, each of which was expressed in the specific cultural and philosophical prejudices of their times. Such influential historical documents as the Magna Carta of 1215, and the subsequent English Bill of Rights of 1689, were significant in helping to develop the Western legal traditions that form the foundation of our contemporary concepts of intrinsic rights and liberties.
The Age of Enlightenment and the Beginning of the Early Modern Period:
The Enlightenment (17th-18th centuries) witnessed landmark achievements: the 1776 US American Declaration of Independence and the 1789 French Declaration of the Rights of Man and of the Citizen both established the idea that “all men are created equal”. These declarations established the philosophical and legal foundation for contemporary human rights universality.
20th Century and the United Nations:
Human rights as a political and legal agenda came into existence following the horrors of World War II, the Holocaust being one of them. The UN Charter of 1945 acknowledged the significance of human rights, reiterating international obligation to promote and protect elementary freedoms. The establishment of the UN signaled the start of international institutionalization of human rights issues.
The watershed moment was the 1948 adoption by the UN General Assembly of the Universal Declaration of Human Rights (UDHR)—a sweeping declaration to enjoin the safeguarding of a broad array of civil, political, economic, social, and cultural rights for everyone everywhere.
Although not legally binding, the UDHR framed the moral underpinning of later binding treaties, customary international law, and national constitutions globally.
Principal International Instruments for the Protection of Human Rights The Universal Declaration of Human Rights (UDHR):
Enacted in 1948, the UDHR is composed of 30 articles proclaiming a wide list of rights that are considered important for human dignity, such as the right to life, liberty, security of person, equality before the law, freedom of thought, conscience, religion, and participation in cultural life.
The International Bill of Human Rights:
In accordance with the UDHR, two key treaties were crafted in 1966: the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Together with the UDHR, they constitute the “International Bill of Human Rights.” The covenants are legally binding to signatory states.
– ICCPR: Protects rights such as freedom of speech, assembly, religion, and due process.
– ICESCR: Places an obligation on states to positively ensure and secure various basic rights, such as the right to work, right to social security, access to quality education, as well as the basic provision of good food and health care.
Instruments of the Region:
In addition to global agreements, regional agreements complement and in a few instances supplement global standards:
– European Convention on Human Rights (ECHR)
– American Convention on Human Rights
– The African Charter on Human and Peoples’ Rights
These establish regional courts (e.g., European Court of Human Rights) with the power to enforce human rights obligations.
Dierent Kinds of Human Rights:
Human rights are usually grouped into various generations:
– First generation (“blue rights”): Political and civil rights (right to a fair trial, freedom of expression).
– Second generation (“red rights”): Economic, social, and cultural rights (right to education, work, health).
– Third generation (“green rights”): Collective-developmental rights (right to self determination, clean environment, peace).
In their most basic form, these dierent categories exist to show the interdependent and inseparable elements that, collectively, make up the idea of human dignity.
Nation’s Responsibilities and Obligations:
International law on human rights imposes on states three basic obligations that they must abide by:
- Respect: Governments ought not to interfere with people’s enjoyment of their rights (non interference).
- Protect: States have to ensure that third parties do not infringe on rights (due diligence, regulation, and enforcement).
- Fulfill: States need to actively do so, through legislative, administrative, and judicial actions, to make rights a reality.
States ratify and sign human rights treaties and are obligated to enact legislation or policy actions for treaty implementation. Failure to comply may render states liable domestically and internationally.
Mechanisms for Enforcement
National Implementation:
The majority of Constitutions and legal frameworks acknowledge and give eect to human rights standards, directly in some cases by courts (e.g., India’s writ jurisdiction under Articles 32 and 226; U.S. Bill of Rights), and by specific bodies like National Human Rights Commissions.
Global Mechanisms and Their Implications:
Where national remedies fail to oer a remedy or are ineective, individuals or groups resort to redress by seeking the intervention of regional or international organizations.
– UN treaty bodies (e.g., Human Rights Committee under ICCPR)
– Regional courts (e.g., European/African/American Courts of Human Rights) – Special rapporteurs and working groups
While most international institutions are reliant on the cooperation of sovereign states and thus lack the enforcement powers normally characteristic of national judicial systems, it must not be forgotten that the conclusions and findings to which they come have immense moral, political, as well as occasionally legal, weight.
Major Themes and Case Studies of Relevance
Civil and Political Rights:
Civil and political liberties comprise the rights of free expression, assembly, association, and freedom from torture and arbitrary imprisonment. Their enforcement is exemplified by the case of *Brown v. Board of Education* (segregation of US schools), and the function of European courts in upholding free speech.
Economic, Social, and Cultural Rights:
Some of the basic human rights are the basic rights to education, health, employment, and social security. It is to be observed here that traditionally, the enforcement of these rights has generally lagged behind that of civil rights. But there are significant landmark cases—such as that involving India’s Supreme Court’s interpretation of Article 21 (assuring the right to life) to encompass not just the right to a dignified source of livelihood but also the right to health —that demonstrate the growing recognition and enforceability of these rights under the law.
Discrimination and Susceptible Groups:
Human rights law addresses discrimination based on gender, race, ethnicity, religion, disability, and more. There are several treaties addressing the rights of women (CEDAW), children (CRC), refugees, migrants, and indigenous peoples.
Right to Development and Environment:
Contemporary instruments recognize collective rights, including the right to self determination and environmental protection. Environmental degradation is increasingly being depicted as a human rights issue, bringing it to attention with the advent of climate change.
Challenges and Obstacles to the Eective Enforcement of Human Rights:
Despite the world-wide international consensus regarding the supreme importance of human rights, there are many tangible barriers that still weaken not only the eective protection, but also the complete realization of the basic rights:
– State Sovereignty: Conflict between universal norms and non-intervention in internal aairs.
– Cultural Relativism: Arguments that human rights are based on Western values, often in contrast to indigenous customs.
– Selective Enforcement: Politicization or double standards in their enforcement or promotion.
– Non-State Actors: Increased power and influence of diverse non-governmental actors, such as corporations, militias, and terrorist groups, present formidable regulatory obstacles and enforcement challenges for governments and authorities.
– Emerging Technologies: Various issues such as mass surveillance, discrimination by algorithms, and the issue of digital autonomy are challenging the prevalent frameworks that had previously been developed.
Human Rights in India: A Regional Overview:
India’s Constitution has integrated concepts of basic human rights into its Fundamental Rights (Articles 14-32), borrowing from the UDHR and other international agreements. The National Human Rights Commission (NHRC) under the Protection of Human Rights Act, 1993, and the state commissions, work to investigate violations and advance rights within.
The Indian judiciary has been trail-blazing and innovative not only in interpreting but also in considerably expanding the horizon of the rights of citizens. This analytical eort has not merely rendered these rights enforceable but has also made available eective remedies for the victimized.
The Future of Human Rights:
Human rights law is a living and evolving jurisprudence, continuously adapting and responding to several new and evolving realities that include such major issues like digital privacy, global warming, the pandemics challenge, the mass crossing of borders, and the monumental populist resistance to current world norms. The future utility and general
success of the human rights regime are inextricably intertwined with the establishment and maintenance of robust institutions, the requirement of international cooperation among states, and the dedicated advocacy eorts by civil society organizations, the media, and concerned individuals working in concert.
Conclusion:
Human rights continue to be the basis of a fair and equitable international order. Their universality, indivisibility, and status as inherent to human dignity are well entrenched in international law and national constitutions. Yet, vigilant action, progressive realization, and creative legal solutions are necessary to meet old and new challenges.
