The Concept of Human Rights PDF

THE CONCEPT OF HUMAN RIGHTS What Are Human Rights? Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom...

THE CONCEPT OF HUMAN RIGHTS What Are Human Rights? Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights 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. Everyone is entitled to these rights, without discrimination. https://www.un.org/en/sections/issues-depth/human-rights/ International Human Rights Law International human rights law lays down the obligations of Governments 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 groups. One of the great achievements of the United Nations is the creation of a comprehensive body of human rights law—a universal and internationally protected code to which all nations can subscribe and all people aspire. The United Nations has defined a broad range of internationally accepted rights, including civil, cultural, economic, political and social rights. It has also established mechanisms to promote and protect these rights and to assist states in carrying out their responsibilities. https://www.un.org/en/sections/issues-depth/human-rights/ International Human Rights Law The foundations of this body of law are the Charter of the United Nations and the Universal Declaration of Human Rights, adopted by the General Assembly in 1945 and 1948, respectively. Since then, the United Nations has gradually expanded human rights law to encompass specific standards for women, children, persons with disabilities, minorities and other vulnerable groups, who now possess rights that protect them from discrimination that had long been common in many societies. https://www.un.org/en/sections/issues-depth/human-rights/ Universal Declaration of Human Rights Law The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 by General Assembly resolution 217 A (III) as a common standard of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be universally protected. Since its adoption in 1948, the UDHR has been translated into more than 500 languages - the most translated document in the world - and has inspired the constitutions of many newly independent States and many new democracies. 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. https://www.un.org/en/sections/issues-depth/human-rights/ Economic, social and cultural rights The International Covenant on Economic, Social and Cultural Rights entered into force in 1976. The human rights that the Covenant seeks to promote and protect include: ✓ the right to work in just and favorable conditions; ✓ the right to social protection, to an adequate standard of living and to the highest attainable standards of physical and mental well-being; ✓ the right to education and the enjoyment of benefits of cultural freedom and scientific progress. https://www.un.org/en/sections/issues-depth/human-rights/ Civil and political rights The International Covenant on Civil and Political Rights and its First Optional Protocol entered into force in 1976. The Second Optional Protocol was adopted in 1989. The Covenant deals with such rights as freedom of movement; equality before the law; the right to a fair trial and presumption of innocence; freedom of thought, conscience and religion; freedom of opinion and expression; peaceful assembly; freedom of association; participation in public affairs and elections; and protection of minority rights. It prohibits arbitrary deprivation of life; torture, cruel or degrading treatment or punishment; slavery and forced labor; arbitrary arrest or detention; arbitrary interference with privacy; war propaganda; discrimination; and advocacy of racial or religious hatred. https://www.un.org/en/sections/issues-depth/human-rights/ Human Rights Council The Human Rights Council, established on 15 March 2006 by the General Assembly and reporting directly to it, replaced the 60-year- old UN Commission on Human Rights as the key UN intergovernmental body responsible for human rights. The Council is made up of 47 State representatives and is tasked with strengthening the promotion and protection of human rights around the globe by addressing situations of human rights violations and making recommendations on them, including responding to human rights emergencies. https://www.un.org/en/sections/issues-depth/human-rights/ Human Rights Council The most innovative feature of the Human Rights Council is the Universal Periodic Review. This unique mechanism involves a review of the human rights records of all 192 UN member states once every four years. The Review is a cooperative, state-driven process, under the auspices of the Council, which provides the opportunity for each state to present measures taken and challenges to be met to improve the human rights situation in their country and to meet their international obligations. The Review is designed to ensure universality and equality of treatment for every country. https://www.un.org/en/sections/issues-depth/human-rights/ UN High Commissioner for Human Rights The United Nations High Commissioner for Human Rights exercises principal responsibility for UN human rights activities. The High Commissioner is mandated to respond to serious violations of human rights and to undertake preventive action. The Office of the High Commissioner for Human Rights (OHCHR) is the focal point for United Nations human rights activities. It serves as the secretariat for the Human Rights Council, the treaty bodies (expert committees that monitor treaty compliance) and other UN human rights organs. It also undertakes human rights field activities. Most of the core human rights treaties have an oversight body which is responsible for reviewing the implementation of that treaty by the countries that have ratified it. Individuals, whose rights have been violated can file complaints directly to Committees overseeing human rights treaties. https://www.un.org/en/sections/issues-depth/human-rights/ History of Human Rights 1215: The Magna Carta – gave people new rights and made the king subject to the law. 1628: The Petition of Right – set out the rights of the people. 1776: The United States Declaration of Independence – proclaimed the right to life, liberty and the pursuit of happiness. 1789: The Declaration of the Rights of Man and of the Citizen – a document of France, stating that all citizens are equal under the law. 1948: The Universal Declaration of Human Rights – the first document listing the 30 rights to which everyone is entitled. https://www.youthforhumanrights.org/what-are-human-rights/background-of-human-rights.html Types of Human Rights Individual (civil) rights life, liberty, and security of the person; privacy and freedom of movement; ownership of property; freedom of thought, conscience, and religious belief and practice; prohibition of slavery, torture, and cruel or degrading punishment. Rule of law equal recognition before the law and equal protection of the law; effective legal remedy for violation of rights; impartial hearing and trial; presumption of innocence; and prohibition of arbitrary arrest. Rights of political expression freedom of expression, assembly, and association; the right to take part in government; and periodic and meaningful elections with universal and equal suffrage. https://www.youthforhumanrights.org/what-are-human-rights/background-of-human-rights.html Types of Human Rights Economic and social rights an adequate standard of living; free choice of employment; protection against unemployment; "just and favorable remuneration"; the right to form and join trade unions; "reasonable limitation of working hours"; free elementary education; social security; and the "highest attainable standard of physical and mental health." Rights of communities self-determination and protection of minority cultures. https://www.youthforhumanrights.org/what-are-human-rights/background-of-human-rights.html Definition and types of human rights violations A state commits human rights violations either directly or indirectly. Violations can either be intentionally performed by the state and or come as a result of the state failing to prevent the violation. When a state engages in human rights violations, various actors can be involved such as police, judges, prosecutors, government officials, and more. The violation can be physically violent in nature, such as police brutality, while rights such as the right to a fair trial can also be violated, where no physical violence is involved. The second type of violation – failure by the state to protect – occurs when there’s a conflict between individuals or groups within a society. If the state does nothing to intervene and protect vulnerable people and groups, it’s participating in the violations. https://www.humanrightscareers.com/issues/what-are-human-rights-violations/