Human rights

Introduction about Human rights:- Socio-political and economic conditions required by human beings in order to live a safe, secure, dignified, civilized and progressive life with all-round development is called Human rights. Human rights are conceived as universal and egalitarian, with all people having equal rights by virtue of being human. These rights may exist as natural rights or as legal rights, in both national and international law. The modern concept of human rights developed during the early Modern period where European philosophers developed theories of natural law that influenced the adoption of documents such as the bill of Rights of England, the bill of Rights in the United States, the Declaration of the Rights of Man and of the Citizen in France. History of Human Rights:- Non-Legally Binding:-  Universal Declaration of Human Rights (1948)  Declaration on the Right to Development (1986)  Declaration on the Protection of all Persons from Enforced Disappearance (1992) Legally Binding:-  International Covenant on Economic, Social, and Cultural Rights  International Covenant on Civil and Political Rights Principal Human rights:- 1. Universality and Inalienability: Human rights 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. People’s rights can never be taken away so they are also Inalienable. 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 and Interdependent: 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. As well as Human rights are interdependent. 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 fulfillment of one right often depends, wholly or in part, upon the fulfillment of others. For instance, fulfillment of the right to health may depend, in certain circumstances, on fulfillment 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. The Universal Declaration of Human Rights (UDHR):- During World War II (1939-1945) Period of Nazi dictator Adolf Hitler, the Nazis murdered millions of Jews and hundreds of thousands of others, including Roma (Gypsies), homosexuals, Soviet prisoners of war (POWs), and the mentally ill in gas chambers, by firing squad, and other methods. The world had never faced such monumental crimes, and the Allied forces that were victorious in World War II set out to ensure that such a thing could never happen again. In the waning days of the war, four Allied nations—China, the Union of Soviet Socialist Republics (USSR), the United Kingdom, and the United States—began working to establish a representative world body with a mandate to maintain world peace. Their efforts culminated in the birth of the United Nations (UN) in 1945. Eleanor Roosevelt (wife of Former US president, Franklin D. Roosevelt), the then 1st lady of the USA, put forth the concept of human rights for all. Two years later; UDHR is declaration adopted by the United Nations General Assembly on 10 December 1948(now celebrated annually as Human Rights Day) at the Palias de Chaillot in Paris by a vote of 48 in favor, 0 against, with 8 abstentions {Byelorussian Soviet Socialist Republic (SSR), Czechoslovakia , Poland, Ukrainian SSR, USSR , as well Yugoslavia , South Africa and Saudi Arabia}. The Universal Declaration of Human Rights was prepared by the Commission on Human Rights of the Economic and Social Council (ECOSOC) of the United Nations. French jurist and Nobel laureate René Cassin was the declaration’s principal author of the UDHR. Now, the declaration has been translated into at least 375 languages and dialects. UDHR has been building on precedents set by the British Magna Carta (1215), the French Declaration of the Rights of Man (1789), and the United States Bill of Rights (1791), the Universal Declaration also reflected the events of the 1930s and 1940s, particularly the Nazi Holocaust. Reports of Nazi atrocities shocked people around the world and gave momentum to an effort to codify human rights in international law. Preamble:- Universal Declaration begins with a preamble consisting of 7 paragraph followed by a statement “proclaiming” the Declaration; 7 paragraphs include:- First: It asserts that the recognition of human dignity of all people is the foundation of justices and peace in the world. Second: It observes that disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind and that the four freedoms: freedom of speech, belief, freedom from want, and freedom from fear. Third: States that people are not compelled to rebellion against tyranny; human rights should be protected by rule of law. Fourth: Relates human rights to promote the development of friendly relations between nations Fifth: It links the declaration back to the UN charter which reaffirms faith in fundamental human rights and dignity and worth of the human person. Sixth: It notes that all members of the UN have pledged themselves to achieve ,in cooperation with the UN, the promotion of universal respect for and observance of human rights and fundamental freedom. Seventh: It observes that “a common understanding” of rights and freedoms is of “the greatest importance” for the full realization of that pledge. Articles of declaration:- Consists 30 articles; elaborated in subsequent international treaties, regional human right instruments, national constitutions and law. Some articles of declaration: Articles 1:- states about right to equality. Articles 2:- prohibits all sorts of discriminations. Articles 3:- right to life, liberty and security. Articles 4:- prohibits slavery and salves trade. More Human Rights from Universal Declaration:-  No slavery  No torture  Equality before the law  Freedom of movement  Right to marry  Freedom of thought, conscience, religion  Right to work  Right to form trade unions  Right to food, clothing, housing, medical care  Right to education The universal declaration of human right:- 7 provisions; which are as follows:  Everyone is born equal and they have equal prestige and right.  No one should be discriminated on the basic of caste, colour, sex, language, political affiliation, dissention, nationality or birth, wealth, social background and other conditions.  Everyone has right to life, liberty, education and equality before the law.  They have right to move freely, form association, follow religious, have information and adopt a nationality.  Everyone has right to defend oneself in the court of law.  All kinds of exploitations such as slavery, serfdom, human trafficking, detention, exile and discrimination by law are forbidden.  The state should bear responsibility to provide for health care and education for women and children. Human Rights Conventions:- Numerous treaties (pieces of legislation) have been offered at the international level. They are generally known as human rights instruments. Some of the most significant, referred to (with ICCPR and ICESCR) as "the seven core treaties", are: • Convention on the Prevention and Punishment of the Crime of Genocide (entered into force in 1951);  International Convention on the Elimination of All Forms of Racial Discrimination (entered into force in 1969);  Convention on the Elimination of All Forms of Discrimination against Women (entered into force in 1981)  Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (entered into force in 1987);  Convention on the Rights of the Child (entered into force in 1990  International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (adopted in 1990, not yet in force) What is Genocide? The convention defines genocide as any act committed with the idea of destroying in whole or in part a national, ethnic, racial or religious group. This includes such acts as: ◦ Killing members of the group ◦ Causing serious bodily or mental harm to members of the group ◦ Deliberately inflicting conditions calculated to physically destroy the group (the whole group or even part of the group) ◦ Forcefully transferring children of the group to another group How is genocide punished?  By a court in the country where it was committed or  By an international court (such as the International Court of Justice)  No immunity from persecution for genocide Convention on the Elimination of All Forms of Discrimination against Women (CEDAW):-  Called “The Women’s Bill of Rights”  Demands equality for women in the civil, political, economic, social, and cultural rights.  Women should have equal education, employment, health, economic, and social benefits  Countries must eliminate stereotypes and prejudices based on ideas of women’s inferiority  US has not ratified due to reproductive rights (access to birth control and abortion) Elimination of Racial Discrimination (1969):-  Defines racial discrimination  Demands that countries change laws that create or perpetuate discrimination  Sets up international monitoring system called the Committee on the Elimination of Racial Discrimination (CERD) Convention against Torture (1985):-  Defines torture  All states required to prevent torture  No justification for torture ever  No evidence admitted to trial if it came from torture  Refugees can’t be forced to return to country that tortured them Convention on the Rights of the Child:-  Ratified by every country in world except 2  Basic human rights that children have everywhere  Survival, develop to fullest  Protection from harmful influence, abuse, and exploitation  Standards for education, health care Humanitarian organizations working in Nepal:-  National human right commission: ◦ One of the constitutional organ ◦ Head of office:-chief commissioner ◦ Part and articles of interim constitution-063  Parts:-15  Article:- 131-132  Amnesty International(Nongovernmental Organizations ; Founded in the United Kingdom in 1961)  INSEC  UN Human Right References:- 1. United Nations 2. United Nations Cyber School Bus 3. Google search