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 Human rights refer to the "basic rights and freedoms to which all
humans are entitled”.
 It is the inherent rights of a man.
 "Inalienable fundamental rights to which a person is inherently
entitled simply because she or he is a human being.
 Human rights include civil and political rights, such as the right to
life and liberty, freedom of expression, and equality before the law;
and social, cultural and economic rights, including the right to
participate in culture, the right to food, the right to work, and the
right to education.

Definitions of Human Rights

 According to Jeremy Bentham, human rights refer to “the basic

rights and freedoms that all humans should have the right to life and
liberty, freedom of thought and expression, equality before the law”.

 Admi Hedly points out that, “Human rights are as simply those, most
political claims which by contemporary consensus, every human
being has deemed to have upon his society and government”.

 In the words of Abraham Lincoin, “nation conceived in liberty, and

dedicated to the proposition that all man are created equal”

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Characteristics of Human Rights
Human Rights are universal legal guarantees protecting individuals and
groups against actions which interfere with fundamental freedoms and
human dignity. Some of the most important characteristics of human
rights are that they are:
 Human Rights are Guaranteed by international standards and the
state
 Human Rights are legally protected
 Human Rights are focus on the dignity of the human being
 Human Rights force states and state actors
 Human Rights cannot be ignored or taken away
 Human Rights are Interdependent and interrelated
 Human Rights are universal
 Human Rights are available not only to a few person but to all
 Human Rights are not rigid and have a tendency to grow according
to the circumstances
 Human Rights are not absolute to reasonable restrictions in the
larger interest of the society
 A state does not create rights, it merely recognizes them.

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 Human Rights Principles
 Human rights are universal and inalienable; indivisible;
interdependent and interrelated.
 They are universal because everyone is born with and possesses
the same rights, regardless of where they live, their gender or race,
or their religious, cultural or ethnic background.
 Inalienable because people’s rights can never be taken away.
 Indivisible and interdependent because all rights – political, civil,
social, cultural and economic – are equal in importance and none
can be fully enjoyed without the others.
 They apply to all equally, and all have the right to participate in
decisions that affect their lives.
 They are upheld by the rule of law and strengthened through
legitimate claims for duty-bearers to be accountable to
international standards.

1. Universality and Inalienability: Human rights are universal and

inalienable. All people everywhere in the world are entitled to them. The
universality of human rights is encompassed in the words of Article 1 of
the Universal Declaration of Human Rights: “All human beings are born
free and equal in dignity and rights.”

2. Indivisibility: Human rights are indivisible. Whether they relate to

civil, cultural, economic, political or social issues, human rights are
inherent to the dignity of every human person. Consequently, all human
rights have equal status, and cannot be positioned in a hierarchical
order. Denial of one right invariably impedes enjoyment of other rights.
Thus, the right of everyone to an adequate standard of living cannot be
compromised at the expense of other rights, such as the right to health
or the right to education.

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Interdependence and Interrelatedness: Human rights are interdependent
and interrelated. Each one contributes to the realization of a person’s
human dignity through the satisfaction of his or her developmental,
physical, psychological and spiritual needs. The fulfilment of one right
often depends, wholly or in part, upon the fulfilment of others. For
instance, fulfilment of the right to health may depend, in certain
circumstances, on fulfilment of the right to development, to education or
to information.

3. Equality and Non-discrimination: All individuals are equal as

human beings and by virtue of the inherent dignity of each human
person. No one, therefore, should suffer discrimination on the basis of
race, colour, ethnicity, gender, age, language, sexual orientation, religion,
political or other opinion, national, social or geographical origin,
disability, property, birth or other status as established by human rights
standards.
4. Participation and Inclusion: All people have the right to participate
in and access information relating to the decision-making processes that
affect their lives and well-being. Rights-based approaches require a high
degree of participation by communities, civil society, minorities, women,
young people, indigenous peoples and other identified groups.

5. Accountability and Rule of Law: States and other duty-bearers are

answerable for the observance of human rights. In this regard, they have
to comply with the legal norms and standards enshrined in international
human rights instruments. Where they fail to do so, aggrieved rights-
holders are entitled to institute proceedings for appropriate redress
before a competent court or other adjudicator in accordance with the
rules and procedures provided by law. Individuals, the media, civil
society and the international community play important roles in holding
governments accountable for their obligation to uphold human rights.

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 Theories of Human Rights

The Theory of Natural Rights

 One of the oldest theory having origins from the writings of Greek
and Roman
 Natural rights are frequently described as God-given, and as such
provide a protection against government’s tendency to become
authoritarian.
 Natural rights have been seen as gifts of God, as correlative to
duties imposed on man by God, and as concomitants of human
nature or reason. We might distinguish: (1) natural rights; (2)
moral rights; and (3) legal rights.
 Human beings are granted upon creation certain rights that they
are guaranteed regardless of what their government is, and they
are (always) life and liberty and usually property as well.
Historical Theory

 The “Historical theory of Human Rights” deals with the creation

and development of the theories of human rights in different
periods.
 The theory also speaks about the protection human rights in
Islam and Christian religions in ancient and middle ages periods.
 According to the theory, ‘human rights is a manifestation of
social history and it was long delayed in the cultural history
of humanity for perceiving the social values of human rights’.

Legal Theory
 Legal rights are those bestowed onto a person by the law of a
particular political and legal system, and therefore relative to
specific cultures and governments.
 This theory deals with matters which are vital to life
 It is more idealistic

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Social Welfare Theory

 The Social Welfare Theory holds that rights are conditions of social
welfare.
 They are the creation of society, and law, customs, traditions and
the natural rights “should all yield to what is socially useful or
socially desirable.”
 The Utilitarian’s, Bentham and Mill, are the real exponents of the
Social Welfare Theory of Rights. They set up the principle of the
greatest happiness of the greatest number and made it the
criterion of utility.

Idealist Theory

 The Idealistic Theory of Rights is also known as the Personality

Theory.

 According to this theory, rights are the external conditions

essential to man’s internal and real development.

 The Idealistic Theory of Rights appeals to the moral and

democratic mind of man, as it relates rights to morality rather than
legality.

 Secondly, it does not subordinate the self-development of man to

the social whole. Both act and react upon each other.

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 Classification of Human Rights

Human rights can be classified in a number of different ways. One of the

most widely used classifications distinguishes two general categories:
They are (1) and (2) Legal Rights. The legal rights are further subdivided
into Civil and Political Rights.

Human
Rights

Funda
Moral Legal Economic Social Cultural mental
Rights Rights Rights Rights Rights Rights

Political
Civil Rights Rights

1. Moral Rights
Natural rights, also called moral rights or unchallengeable rights, are
rights which are not dependent upon the laws, customs, or beliefs or a
particular society or government. These rights are based on the ethical
and moral section of the society and do not possess any legal backing.
This implies that they cannot be enforced through the law of courts.

2. Legal Rights
These rights are recognized by the state and can be enforced through the
law of courts. Legal rights or Statutory Rights are rights conveyed by a
particular government, codified into legal statutes by some form of
legislature, and as such are contingent upon local laws, customs, or

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beliefs. Legal rights are culturally and politically relative. The legal rights
can be further divided into Civil and Political rights.

Civil and Political Rights

Civil and political rights are a class of rights ensuring things such as
the protection of peoples' physical integrity; procedural fairness in law;
protection from discrimination based on gender, religion, race, sexual
orientation, etc; individual freedom of belief, speech, association, and the
press; and political participation. Civil and political rights are included in
the Universal Declaration of Human Rights and elaborated upon in the
International Covenant on Civil and Political Rights.

2. (A). Civil Rights

It provides conditions of a civilized life and facilitates the all round
development of an individual’s personality. Civil rights are considered to
be unquestionable and enforced by the law; deserved by all people under
all circumstances, especially without regard to race, creed, color or
gender.
2. (B) Political Rights
The political rights are the privileges of citizens when enable to
participate in the political affairs of the state. Mostly political rights are
available under democratic system of government.

Economic, Social and Cultural Rights

Economic, social and cultural rights are socio-economic human rights;
contrast with civil and political rights. Economic, social and cultural
rights are included in the Universal Declaration of Human Rights and
elaborated upon in the International Covenant on Economic, Social and
Cultural Rights. Examples of such rights include the right to food, the
right to housing and the right to health.

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Fundamental Rights
Fundamental Rights governs the relationship between the state and the
individuals. These Fundamental Rights are covered in Part III of the
Indian Constitution, in which Article 12 to 35 of the Indian Constitution
covers the Fundamental Rights of the citizen of the country. All these
Fundamental Rights indicate that all the citizens are equally treated by
the nation irrespective of caste, sex and creed. Some of the fundamental
rights are Right to Equality, Right to Freedom, Right against exploitation,
Right to Freedom of Religion.

The Universal Declaration of Human Rights (UDHR)

What is UDHR?
 The Universal Declaration of Human Rights (Universal Declaration)
is an international document that states the basic rights and
fundamental freedoms to which all human beings are entitled.
 The Universal Declaration is not a treaty, so it does not directly
create legal obligations for countries.
 It is an expression of the fundamental values which are shared by
all members of the international community.
 And it has had a profound influence on the development of
international human rights law and it has become binding as a
part of customary international law.
 The Universal Declaration has given rise to a wide range of other
international agreements which are legally binding on the
countries that ratify them.
 The Universal Declaration was adopted by the General Assembly of
the United Nations on 10 December 1948. Motivated by the
experiences of the preceding world wars, the Universal Declaration
was the first time that countries agreed on a comprehensive
statement of inalienable human rights.

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Importance of UDHR
 The Universal Declaration creates a standard of human rights
respect that all the world's nations must uphold.
 The Declaration broadly defines basic human rights, prohibiting
governments from resorting to certain actions in their efforts to
coerce or control people.
 It also presents positive steps that governments should take to
advance people's well-being and to ensure that all people are able
to exercise their rights.
 The Declaration prepared the way for two legally binding treaties,
the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights.
Together, the Declaration and the Covenants based on it constitute
the "International Bill of Rights."
 The Universal Declaration continues to serve as a model for
national constitutions, laws, and policies. Provisions of some 90
national constitutions drafted since 1948 can be traced to the
Declaration.
 In addition, the principles of the Declaration are increasingly
evident in governments' foreign policy decisions, including
decisions on aid packages directed abroad. Violating human rights
can prove costly to governments.
Text of the Declaration
Article 1 Equality of Human Being
Article 2 No Discrimination on any grounds
Article 3 Right to life, liberty and security
Article 4 No one shall be in slavery or servitude
No one shall be subjected to inhuman or degrading treatment or
Article 5
punishment
Article 6 Everyone has the right to recognition
Article 7 All are equal before the law
Article 8 Everyone has the right to an effective remedy
Article 9 No one shall be subjected to arbitrary arrest, detention or exile.
Article 10 Everyone is entitled in full equality to a fair and public hearing
Article 11 Right to be presumed innocent until proved guilty

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 Article 12 Right to privacy, family, home
Article 13 Right to freedom of movement
Article 14 Right to seek and to enjoy in other countries
Article 15 Right to a nationality.
Article 16 Rights to marriage
Article 17 Right to own property
Article 18 Right to freedom of thought, conscience and religion
Article 19 Right to freedom of opinion and expression
Article 20 Right to freedom of peaceful assembly and association
Article 21 Right to take part in the government of his country
Article 22 Right to social security
Article 23 Right to work, to free choice of employment
Right to rest and leisure, including reasonable limitation of working
Article 24
hours and periodic holidays with pay
Article 25 Right to a standard of living
Article 26 Right to education
Article 27 Right to freely participate in the cultural life of the community
Article 28 Rights and freedoms to realize this Declaration
Duties to the community in which alone the free and full
Article 29
development of his personality is possible.
Article 30 Promise to enforce this declaration

Significance and Legal Effect of the Universal Declaration of Human

Rights
Significance
 The Guinness Book of Records describes the UDHR as the "Most
Translated Document" in the world.
 In the preamble, governments commit themselves and their people
to progressive measures which secure the universal and effective
recognition and observance of the human rights set out in the
Declaration.
 It has also served as the foundation for a growing number of
national laws, international laws, and treaties, as well as regional,
national, and sub-national institutions protecting and promoting
human rights.

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Legal effect
 The Declaration was explicitly adopted for the purpose of defining
the meaning of the words "fundamental freedoms" and "human
rights" appearing in the United Nations Charter, which is binding
on all member states. For this reason the Universal Declaration is
a fundamental constitutive document of the United Nations.
 Many international lawyers believe that the Declaration forms part
of customary international law and is a powerful tool in applying
diplomatic and moral pressure to governments that violate any of
its articles.
 The 1968 United Nations International Conference on Human
Rights advised that it "constitutes an obligation for the members of
the international community" to all persons.
 The declaration has served as the foundation for two binding UN
human rights covenants, the International Covenant on Civil
and Political Rights, and the International Covenant on
Economic, Social and Cultural Rights and the principles of the
Declaration are elaborated in international treaties such as the
International Convention on the Elimination of All Forms of Racial
Discrimination, the International Convention on the Elimination of
Discrimination Against Women, the United Nations Convention on
the Rights of the Child, the United Nations Convention Against
Torture and many more.
 The Declaration continues to be widely cited by governments,
academics, advocates and constitutional courts and individual
human beings who appeal to its principles for the protection of
their recognized human rights.

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 Criticism on the Universal Declaration of Human Rights

1. Muslim countries
 In 1948, Saudi Arabia did not sign the declaration, arguing it
violated Islamic law.
 In 1982, the Iranian representative to the United Nations, said that
the UDHR was "a secular understanding of the Judeo-Christian
tradition", which could not be implemented by Muslims without
trespassing the Islamic law.
2. The Right to Refuse to Kill
 Groups such as Amnesty International and War Resisters
International have advocated for "The Right to Refuse to Kill" to be
added to the UDHR.
 War Resisters International has stated that the right to
conscientious objection to military service is primarily derived
from, but not yet explicit in, Article 18 the UDHR: the right to
freedom of thought, conscience and religion.

International Bill of Human Rights

The International Bill of Human Rights is an informal name given to two

international treaties and one General Assembly resolution established
by the United Nations. It consists of the Universal Declaration of Human
Rights (adopted in 1948), the International Covenant on Civil and
Political Rights (1966) with its two Optional Protocols and the
International Covenant on Economic, Social and Cultural Rights (1966).
The two covenants entered into force in 1976, after a sufficient number
of countries had ratified them.

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 International Covenant (Agreement) on Economic, Social
and Cultural Rights

 The International Covenant on Economic, Social and Cultural

Rights (ICESCR) is a multilateral agreement adopted by the United
Nations General Assembly on December 16, 1966, and in force from
January 3, 1976.
 The International Covenant on Economic, Social and Cultural Rights
entered into force on 3 January 1976.

 It commits states parties to promote and protect a wide range of

economic, social and cultural rights, including rights relating to work
in just and favourable conditions, to social protection, to an adequate
standard of living, to the highest attainable standards of physical and
mental health, to education and to enjoyment of the benefits of
cultural freedom and scientific progress.

 It obliges states parties to respect and ensure that all individuals

subject to their jurisdiction enjoy all the rights included in the
ICESCR, without discrimination.

Important Aspects of the Covenant

This covenant describes the basic economic, social, and cultural rights of
individuals and nations, including the right to:
 Self-determination
 Wages sufficient to support a minimum standard of living
 Equal pay for equal work
 Equal opportunity for advancement
 Form trade unions
 Strike
 Paid or otherwise compensated maternity leave
 Free primary education, and accessible education at all levels

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  Copyright, patent, and trademark protection for intellectual
property
In addition, this convention forbids exploitation of children, and requires
all nations to cooperate to end world hunger. Each nation which has
ratified this covenant is required to submit annual reports on its
progress in providing for these rights to the Secretary General, who is to
transmit them to the Economic and Social Council.
Origin
ICESCR has its roots in the same process that led to the Universal
Declaration of Human Rights. A "Declaration on the Essential Rights of
Man" had been proposed at the 1945 San Francisco Conference which
led to the founding of the United Nations, and the Economic and Social
Council was given the task of drafting it. Early on in the process, the
document was split into a declaration setting forth general principles of
human rights, and a convention or covenant containing binding
commitments.
The first document became the International Covenant on Civil and
Political Rights, and the second the International Covenant on Economic,
Social and Cultural Rights. The drafts were presented to the UN General
Assembly for discussion in 1954, and adopted in 1966

A) Summary of ICESCR
Article 2 guarantees to all individuals, within a State party’s territory
and subject to its jurisdiction, that the rights enshrined in the ICCPR will
be respected and ensured 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;

15
Article 3 guarantees the equal right of men and women to enjoy all the
civil and political rights contained in the Covenant.
Article 6 the right to life
 Freedom from torture (article 7)
 The right to liberty and security of person (article 9)
 The rights of detainees (article 10)
 The right to a fair trial (article 14)
 The right to privacy (article 17)
 Freedom of religion (article 18)
 Freedom of expression (article 19)
 The right to political participation (article 25)
 Equality before the law (article 26)
 And the protection of minorities (article 27)
 If any of the rights or freedoms recognized within the ICCPR are
violated a person must have access to an effective remedy (article
2[3][a]).

B) Core Provisions of ICESCR

1. Principle of Progressive Realization

Article 2 of the Covenant is known as the principle of "progressive
realization". It acknowledges that some of the rights (for example, the
right to health) may be difficult in practice to achieve in a short period of
time, and that states may be subject to resource constraints, but
requires them to act as best they can within their means.

2. Labour Rights
Article 6 of the Covenant recognizes the right to work, defined as the
opportunity of everyone to gain their living by freely chosen or accepted
work. The right implies parties must guarantee equal access to
employment and protect workers from being unfairly deprived of
employment. They must prevent discrimination in the workplace and
ensure access for the disadvantaged

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3. The Right to Social Security
Article 9 of the Covenant recognizes "the right of everyone to social
security, including social insurance." It requires parties to provide some
form of social insurance scheme to protect people against the risks of
sickness, disability, maternity, employment injury, unemployment or old
age; to provide for survivors, orphans, and those who cannot afford
health care; and to ensure that families are adequately supported.
4. The Right to Family Life
Article 10 of the Covenant recognizes the family as "the natural and
fundamental group unit of society", and requires parties to accord it "the
widest possible protection and assistance." Parties must ensure that
their citizens are free to establish families and those marriages are freely
contracted and not forced
5. The Right to an Adequate Standard Of Living
Article 11 recognizes the right of everyone to an adequate standard of
living. This includes, but is not limited to, the right to adequate food,
clothing, housing, and "the continuous improvement of living
conditions." It also creates an obligation on parties to work together to
eliminate world hunger.
6. The Right to Health
Article 12 of the Covenant recognizes the right of everyone to "the
enjoyment of the highest attainable standard of physical and mental
health." "Health" is understood not just as a right to be healthy, but as a
right to control ones own health and body (including reproduction), and
be free from interference such as suffering or medical experimentation

7. The Right to Education

Article 13 of the Covenant recognizes the right of everyone to education.
This is to be directed towards "the full development of the human
personality and the sense of its dignity" and enable all persons to

17
participate effectively in society. Education is seen both as a human right
and as "an indispensable means of realizing other human rights", and so
this is one of the longest and most important articles of the Covenant.
8. The Right to Participation in Cultural Life
Article 15 of the Covenant recognizes the right of everyone to participate
in cultural life, enjoy the benefits of scientific progress, and to benefit
from the protection of the moral and material rights to any scientific
discovery or artistic work they have created.
C) Optional Protocol
 The term 'Protocol' is used for an additional legal instrument that
complements and adds to a treaty.
 A protocol is 'optional' because it is not automatically binding to
States that have ratified the original treaty; States must
independently ratify or accede to a protocol.
 The Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights is a side-agreement to the
Covenant which allows its parties to recognize the competence of
the Committee on Economic Social and Cultural Rights to consider
complaints from individuals. The Optional Protocol was adopted by
the UN General Assembly on 10 December 2008
D) The Committee on Economic, Social and Cultural
Rights
The Committee on Economic, Social and Cultural Rights is a body of
human rights experts tasked with monitoring the implementation of the
Covenant. It consists of 18 independent human rights experts, elected for
four-year terms, with half the members elected every two years. Unlike
other human rights monitoring bodies, the Committee was not
established by the treaty it oversees. Rather, it was established by the
Economic and Social Council following the failure of two previous
monitoring bodies. The Committee typically meets every May and
November in Geneva

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 International Covenant on Civil and Political Rights

 The International Covenant on Civil and Political Rights (ICCPR) is

a United Nations treaty based on the Universal Declaration of
Human Rights.
 It was created in 1966 and entered into force on March 23, 1976.
 The International Covenant on Civil and Political Rights is
monitored by the Human Rights Committee, a group of 18
experts who meet three times a year to consider periodic reports
submitted by member States on their compliance with the treaty.
 Members of the Human Rights Committee are elected by member
states, but do not represent any State.
 The Covenant contains two Optional Protocols.
o The First Optional Protocol creates an individual
complaints mechanism whereby individuals in member
States can submit complaints, known as communications, to
be reviewed by the Human Rights Committee.
o Its rulings under the first optional protocol have created the
most complex jurisprudence in the UN international human
rights law system.
o The Second Optional Protocol abolishes the death penalty.

Classification of International Covenant on Civil and

Political Rights

The Covenant is divided into six parts as follows:

I. reaffirms the right of self-determination

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II. formulates countries' general obligations, mainly to put the
Covenant into effect as law, to give victims effective remedies and
to guarantee gender equality; it also restricts the possibility of
verbal or written abuse
III. spells out the classical civil and political rights, including
 the right to life
 the prohibition of torture
 the right to liberty and security of person
 the right to freedom of movement
 the right to a fair hearing
 the right to privacy
 the right to freedom of religion, expression, and peaceful
assembly
 the right to family life
 the rights of children to special protection
 the right to participate in the conduct of public affairs
 the over-arching right to equal treatment, and
 the special rights of members of ethnic, religious and
linguistic minorities
IV. regulates the election of members of the Human Rights Committee,
the State reporting procedure and the inter-State complaints
mechanism
V. says that nothing in the Covenant should be understood as
infringing on the inherent right of all peoples to enjoy and fully use
their natural resources
VI. Provides that the Covenant shall extend to all parts of federal
States and sets out the amendment procedure.

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