Human rights and evolution notes
These are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.
These 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.
Nelson Mandela had stated ‘To deny people their human rights is to challenge their very humanity’.
Article 1 of Universal Declaration of Human Rights (UDHR) states that “all human beings are born free and equal in dignity and rights.”
And Article 2 says that everyone is entitled to all the rights and freedoms the declaration sets out, “without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Articles 12 to 35 of the Indian Constitution provide for the Right to Equality, Right to Freedom, Right Against Exploitation, Right to Freedom of Religion, Cultural & Educational Rights, Saving of Certain Laws and Right to Constitutional Remedies.
Q. Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/ reflects the principles and provisions of the Universal Declaration of Human Rights (1948)?
- Preamble
- Directive Principles of State Policy
- Fundamental Duties
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Ans: (d)
Human
Rights Day is observed annually on 10th December
The
year 2023 marks the 75th anniversary of the
UDHR.
2023
Theme: Freedom, Equality and Justice for All.
What are Human Rights?
According to Andrew Heywood, the author of several political textbooks like Politics, political ideologies and global Politics, Human Rights are rights to which people are entitled by virtue of being human, they are a modern and secular version of "natural rights". There are four characteristics to define human rights.
- First, they are universal. Human rights belong to everyone without discriminating against any particular race, religion, caste, creed and other such differences.
- Second, they are fundamental in the sense they are crucially important and are of prime importance.
- Third, they are absolute implication is that they are basic for each individual and
- fourth, they are indivisible. It means that all forms of human rights, be it civic, economic or social are of equal importance.
Evolution of Human Rights and their types
Some of the major historical contributions include
the
Magna Carta of 1215,
the Bill of Rights of 1688,
the
US Declaration of Independence of 1776,
the
Rights of Man and the Citizen, 1789 France.
These centuries witnessed the growth of humanitarian ethics and there were gradual attempts to introduce rights.
For instance, the Congress of Vienna of 1815 tried to promote the abolishment of the slave trade which was eventually achieved by the Brussels Convention of 1890
with the end of the two brutal world wars that the popularity of Universal Human Rights gathered momentum.
In 1948, the United Nations adopted the Universal Declaration of Human Rights in its general assembly.
In 1966, two major human rights documents were adopted, namely the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, both of which came into force in 1976.
The first generation rights i.e., civil and political rights are the initial form of natural rights. These rights developed during the English Revolution of the 17th century and the French and American Revolution of the 18th century. The key theme underlying these rights is liberty.
The first generation rights include the right to life, the right to liberty, and the right to property and have expanded to include non-discrimination, freedom from arbitrary arrest, freedom of thought, freedom of religion, freedom of movement etc.
These rights are often seen as a manifestation of negative rights since they can be enjoyed only when there is a restriction upon others.
The key documents to understand the content of the first generation of human rights are Article 3 to Article 21 of the UN Declaration and the International Covenant of Civil and Political Rights of 1966 which came into force in 1976.
In the twentieth century, especially post World War II, second-generation rights began to earn a greater prominence. The economy of countries was torn by war and there was massive destruction as a result of the world wars.
Therefore, the effort for economic, social and cultural rights developed during the twentieth century.
The rights rely on socialist assumptions and the underlying theme is equality which is in contrast to first-generation rights and the notion of liberty.
The second-generation rights include the right to work, the right to health care, the right to education, the right to social security etc.
Therefore, these rights are seen as a manifestation of positive rights as they place a claim on the state and a duty to oblige for action, for example, welfare provisions.
The key documents to understand the content of second-generation rights are Article 22 to Article 27 of the UN Declaration and the International Covenant of Economic, Social and Cultural Rights of 1966.
The third generation of rights emerged post-1945 and are referred to as solidarity rights.
This is for the simple reason that these rights are concerned with social groups and society on the whole rather than an individual.
They are therefore seen as collective rights.
The underlying theme of the third-generation rights is fraternity.
Usually, these rights are shaped by the difficulties faced by the countries of the Global South.
These rights include the right to development, the right to environmental protection, the right to self-determination, the right to peace etc.
What is Universal Declaration of Human Rights (UDHR)?
The 30 rights and freedoms include civil and political rights, like the right to life, liberty, free speech and privacy and economic, social and cultural rights, like the right to social security, health and education, etc.
India took an active part in the drafting of the UDHR.
The UDHR is not a treaty, so it does not directly create legal obligations for countries.
The UDHR, together with the International Covenant on Civil and Political Rights and its two Optional Protocols (on the complaints procedure and on the death penalty) and the International Covenant on Economic, Social and Cultural Rights and its Optional Protocol, form the so-called International Bill of Human Rights.
This declaration, established as a common standard of achievement for all peoples and nations, played a foundational role in shaping the international order that emerged after the devastation of World War II.
The annual celebration of the International Day of Peace on September 21
The Protection of Human Rights Act, 1993
What is the Protection of Human Right Act, 1993?
The Protection of Human Rights Act, 1993 came into force with retrospective effect from September 28, 1993.
It applies to the whole of India and in the case of J&K, it applies to matters pertaining to Union List and the Concurrent List only.
The Protection of Human Rights Act, 1993 was enacted to provide for the constitution of:
National Human Rights Commission (NHRC),
State Human Rights Commission (SHRC) and
Human Rights Courts for the protection of human rights.
What is National Human Rights Commission?
It is a watchdog of human rights in the country, i.e. the rights related to life, liberty, equality and dignity of the individual guaranteed by the Indian Constitution or embodied in the international covenants and enforceable by courts in India.
Established on 12th October, 1993, under the Protection of Human Rights Act (PHRA), 1993. It was amended by the Protection of Human Rights (Amendment) Act, 2006 and Human Rights (Amendment) Act, 2019.
It was established in conformity with the Paris Principles, adopted for the promotion and protection of human rights in Paris (October, 1991) and endorsed by the General Assembly of the United Nations in December, 1993.
Key Members : It is a multi-member body consisting of a chairman and four members. A person who has been the Chief Justice of India or a judge of the Supreme Court is a chairman.
Appointment
The chairman and members are appointed by the President on the recommendations of a six-member committee consisting of the Prime Minister as its head, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both the Houses of Parliament and the Union Home Minister.
Tenure
The chairman and members hold office for a term of three years or until they attain the age of 70 years, whichever is earlier.
The President can remove the chairman or any member from the office under some circumstances.
Human Rights as Incorporated in Indian Laws:
Indian Constitution incorporated several provisions of human rights in Indian Constitution.
Part III of Fundamental Rights from Article 14 to 32.
Articles 14 to 18 of the Constitution guarantee the right to equality to every citizen of India.
Article 19 deals with freedom of speech and expression and Article 21 provides Right to life and liberty.
In case of violation of fundamental human rights:
The citizens can move to the Supreme Court under Article 32 and High Courts under Article 226.
Directive Principles of State Policy from Articles 36 to 51.