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The theory of human rights has made an enormously positive impact in our world. Through it,
lives have been saved, injustices overcome and new beginnings realised. Certain rights have
been seen as being too important to be alienated/suspended or limited at any time. These are the
non-derogable rights. According to the ICCPR, non-derogable rights are:
1. Right to life
2. Freedom from torture and cruelty
3. Freedom from slavery and servitude
4. Protection from conviction and punishment under retroactive laws
5. Freedom of thought, religion and conscience
6. Recognition as a person before the law
Some rights are expressly subject to limitation on grounds such as public order and the
protection of the rights and freedoms of others.
Any permitted measures restricting rights need to
be prescribed by law
be on grounds permitted in relation to the right concerned
be a reasonable, necessary and proportionate means for pursuit of a legitimate objective.
The state is the duty bearer under human rights law. States have a duty to ensure that human
rights are respected by state authorities or state agents themselves and by citizens, corporations
and other non-state actors operating within their boundaries. They have a duty to
Respect
Fulfill
Redress
Protect these rights
The UDHR is a document that sets out the fundamental human rights to be universally protected. The
UDHR is particularly important because for the first time human rights and its protection were brought
to an International level. Previously these were under the purview of national jurisdictions and few
questions were asked internationally. The UDHR is not legally binding but sets a benchmark of standards
to expect.
Regionally there exists the African Charter on Human & People’s Rights (Banjul Charter), African Charter
on the Right’s and Welfare of the Child.