Definition Nature and Scope of Human Rights
Definition of Human Rights
1-Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws.
2-Definition of Human Rights under the Act Section 2(d) of the protection of human rights Act defines human rights as the right relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.
3-According to the Universal Declaration of Human Rights (UDHR), human rights are inherent, meaning they belong to all individuals regardless of their race, sex, nationality, ethnicity, or any other status
4- D.D. Basu defines human rights as those minimum rights which every individual must have against the State or other public authority by virtue of his being a member of human family, irrespective of any other consideration.
*Nature of human rights
1-Inherent: Human rights are not granted by governments or societies; they are inherent to all individuals simply by virtue of their being human.
2-Universal: These rights apply equally to all people, regardless of their nationality, ethnicity, religion, or any other characteristic.
3-Inalienable: Human rights cannot be taken away or surrendered, even by an individual's own actions.
4-Irrevocable: They cannot be revoked or diminished by any authority.
5-Essential and Necessary: Human rights are fundamental for the well-being and development of individuals and societies.
6-Interdependent and Interrelated: The realization of one human right often depends on the realization of others.
7-Dynamic:Human rights are not static; they evolve and adapt with societal changes and legal interpretations.
8-Limited: While human rights are fundamental, they are not absolute and can be subject to reasonable limitations.
9-Accountability: Governments and other duty-bearers are responsible for upholding and protecting human rights
*Scope of human rights
The scope of human rights encompasses a wide range of civil, political, economic, social, and cultural rights, protecting individuals and groups against actions and omissions that interfere with fundamental freedoms, entitlements, and human dignity
There are three categories which are:
(1) civil and political rights,
(2) economic, social, and cultural rights, and
(3) solidarity rights.
1-Civil and political rights are rights that permit people live in freedom and liberty, they include-
*the right to life;
*the right not to be tortured, enslaved or required to perform forced labour;
*the right to liberty and security of person, including freedom from arbitrary arrest or detention,
*the right to be equal before the courts and tribunals and the right to a fair trial;
*freedom of thought, conscience, religion and expression, opinion, assembly and association,
*the right to vote;
*the rights to equality and self-determination.
2-Economic and social rights guarantee that every person be afforded conditions under which they are able to meet their needs .They include-
*the Right to Education,
*the Right to Food,
*the Right to Health,
*the Right to Housing,
*the Right to Social Security,
*the Right to Work.
3-Solidarity Rights include the Right to Peace and the Right to Clean Environment
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