Human Rights

Human rights are those rights that are fundamental for the human life. Human rights are rights to certain claims
and freedoms for all human beings all over the world. These rights, besides being fundamental and universal in
character, assumed international dimension.

These rights ensure to make man free. Universalization of Rights without any distinction of any kind is a feature
of human rights. These rights recognize the basic human needs and demands. Every country should ensure
human rights to its citizens. The Human rights should find its place in the Constitution of every country.

Human rights in International Forums: Human rights are no longer concern of the people of any particular
country. It has become an international issue.

The United Nations has adopted a Charter of Human Rights and it asks the governments to respect these rights
of their citizens. On 10th day of December, 1948, the UN adopted the Universal Declaration of Human
Rights. In the present day, world there is a lot of concern about the protection of human rights.

The problem about human rights varies from society to society. The entitlement of civil, political, economic, and
social right of individuals varies from country to country according to the laws governing these rights of the
citizens of that country.

Basic human rights: The basic human rights includes:

1. right to life, liberty and security of person,

2. right to freedom of speech,

3. judicial remedy,

4. freedom to movement,

5. right to take part in the governance of ones country.

Economic and social rights: The second types of rights are economic and social rights. The rights included in
this group are also very important. These includes:

1. right to work,

2. right to have a good standard of living,

3. right to rest and leisure,

4. right to education, and

5. right for equal pay for equal work.

Womens rights are human rights: The UN has taken a great deal of interest in the abolition of discrimination
against women.
Racial discrimination in South Africa: Racial discrimination is a serious instance of human rights violation.
The policy of Apartheid was practiced in South Africa for a long time. Though the Black people formed the
majority in South Africa, they were denied their political rights. The white people, who were a minority, were
ruling them. However, the UN condemned the racist policy and passed a resolution in this regard.

Finally, South Africa witnessed a momentous change after long years of struggle when they elected a Black
President, Mr. Nelson Mandela. The policy of one person one vote was the basis for the election. Political and
civil rights were given to all the people of South Africa.

Human rights in India: It is the duty of every nation to create such laws and conditions that protect the basic
Human rights of its citizens. India being a democratic country provides such rights to its citizens and allows
them certain rights including the freedom of expression. These rights, which are called Fundamental Rights
form an important part of the Constitution of India.

These rights are fundamental in three different ways.

First, these are basic human rights. As human beings we have the right to enjoy these rights.

Secondly, our Constitution gives us these fundamental rights and guarantees. These rights are
necessary for the citizens of our country to act properly and live in a democratic manner.

Thirdly, the procedure for the effective enforcement of these guaranteed Fundamental Rights has been
mentioned in the constitution itself. Every citizen of India has the right to move to a court of law if
he/she is denied these rights. The Constitution is there to safeguard her/his rights.

Fundamental rights in India: The Constitution guarantees to us six Fundamental Rights. The six Fundamental
Rights as mentioned in our Constitution are:

1. Right to Equality

2. Right to freedom

3. Right against Exploitation

4. Right to Freedom of Religion

5. Cultural and Educational Rights

6. Right to Constitutional Remedies.

Importance of human rights: The importance of the human rights movement is that it tells people that one
cannot call a society a good and a just society until all its citizens enjoy these human rights. The human rights
laws aims at eliminating unjust discrimination against any human being.

The concept of Human rights is based on the principle of human solidarity, cooperation, and development and
access of all to the common heritage of humankind.
The impact and importance of human rights are so deep and strong that the constitutions of India, Indonesia,
Costa Rica and other countries incorporated many of the provisions of rights codified in the said Declaration in
their respective constitutions. This may be treated as landmark the history of progress of civilization.

The Charter of human rights exerts tremendous pressure on all political authorities. Strong vigilance is noticed
throughout world against the violation of human rights.

Women empowerment: The issue of Women empowerment and inequality have been taken up as a Human
rights issue. Several institutions, organizations are working hard to create awareness among the masses. It is
high time that every person within the society come forward in support women in her fight for justice. She
should be treated at par with men all venues of social framework. Her position need to be elevated.

Limitations: However, the Declaration of Human Rights is not above limitations.

1. These rights do not enjoy legal sanction.

2. These are somewhat but extra-legal and non-justifiable rights.

However, it remains to be said that the human rights enlisted in the international for are a firm resolve. Hence,
the moral principles expressed through these rights, have deeper, and more profound and more lasting influence
than any legal instrument.

Conclusion: Even today, there are several instances of human rights violation at various places of the world.
There can be no permanent and regular prosperity of human beings unless every country or nation creates such
conditions in which human rights are enjoyed by its natives.

CASES:/

Austin v Commissioner of Police for the Metropolis [2009] UKHL 5

Human Rights: Deprivation of Liberty

During anti-capitalist demonstrations in London on May 1 2001, the police cordoned in up to three thousand
demonstrators in Oxford Circus for up to 7 hours .The House of Lords held that measures of crowd control
undertaken in the interests of the community will fall outside of Article 5 right to liberty as long as they are not
arbitrary, are resorted to in good faith, and are proportionate and enforced for no longer than necessary.
Van Droogenbroeck V. Belgium (1982) 4 EHRR 443

Human Rights: Prohibition of torture

Detaining and working while serving a prison sentence does not constitute slavery and servitude under Article 4
of the convention right.

The applicant was sentenced for theft for a period of two years imprisonment. He was also ordered to be placed
under governmental disposal for a period of ten years as a result of his tendency to commit further crimes. After
serving the sentence and while in recidivist in attempt to reintegrate him into the society. He appealed against
his continued detention to earn money to sustain a living when released and his being placed at government
disposal for 10 years as violating Article 4 of the Human Rights Act.

The European Court rejected this claims and held that the detention was not an act of servitude as only
particularly serious' form of 'denial of freedom' could amount to this.

There was no breach of Article 5.

INDIAN CASES:/

Article 18. Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with others and in
public or private, to manifest his religion or belief in teaching, practice, worship and observance.

On 27th of February 2002, in the Indian city of Godhra, Gujarat, a Muslim crowd attacked a train filled with
Hindu activists, firing two cars, and killing 27 persons. The event triggered a violent spiral of religious revenge
and four days later, 2,000 Muslims were killed, their houses, mosques and trades destroyed and hundreds of
women raped and mutilated before the members of their families.

Later investigations revealed that the attacks had been planned and done with the mutual approval and
collaboration of the local authorities.

Dalits are still considered untouchables who should not receive the kind of civility extended to every
other branch of society.
The suicide of Rohith Vemula, a Dalit PhD student at the Hyderabad Central University, and the outrage that
followed, led to the revelation of dozens of similar cases of Dalit suicides resulting from the fatal accidents of
their birth. The hard-hitting reality of the inhumane treatment meted out to members of the Dalit community
finally reached the masses.

According to Human Rights Watch, two out of five children in India drop out of school before
completing their eighth standard. The numbers increase among the marginalised communities owing to
income-inequalities, discrimination on the basis of caste, religion, and more. As recent as Sunday, data
from the AP State Commission for Protection of Child Rights (APSCPCR) reported that the maximum
number of child rights violation cases have been reported from Visakhapatnam in the state of Andhra
Pradesh. The Child Labour (Prohibition and Regulation) Amendment Act, 2016, which was passed
earlier this year, defied hopes of progress when, despite their statements that children under 14 should
not be allowed to work in hazardous occupations or processes