Human rights concept

1. HUMANRIGHTS
UNIT 2

2. CONCEPTOFHUMANRIGHTS
• The rights inherent to all human beings, whatever our
nationality, place of residence, sex, national or ethnic origin,
colour, religion, language, or any other status.
• We are all equally entitled to our human rights without
discrimination.
• These rights are all interrelated, interdependent and indivisible.
• The universal declaration of Human Rights defines human
rights as rights derived from the inherent dignity of the human
person .

3. CHARACTERISTICSOFHUMANRIGHTS
• Universal :
Human Rights belong to each and every one of us. The values
which form the basis of those rights are inherent in human nature.
• Purpose: Human rights not only in protection but also the
prevention of gross violations of human dignity .human rights
allow people to develop or use their inborn qualities and talent in
order to satisfy spiritual and material needs.
• Condition of social life: without human rights it is difficult to live
a good life in society . In the absence of socially accepted human
rights ,unethical members of society would have openly exploited
innocent people.
• Minimal rights: Justice durga das basu pointed out that human
rights are minimal rights which every individual must have against
the state or other public authority.

4. • Support human development: with the support of human rights a
person can fully develop and use his qualities and skills.
• Derived from natural law: Human rights are derived from natural
law. Natural law can be traced to thoughts of Sophocles and
aristotle.it was later elaborated by stoics of the green Hellenistic
periods and by philosophers of the roman periods.
• Independent of the state: human rights are recognized by state but
they are independent of a legal system for their existence.
• Origin: Human rights came more specified and well defined manner
came with the signing of Magna Carta in 2012.king john who ruled
England from 1199 to 1216,raised funds to fights wars with France to
win over the lost lands. King john tried every possible way of
squeezing money out of his barons and lords. The barons and lords
revolted against john. To keep his crown king john agreed to the
terms and conditions of the barons. The barons presented their
demands at the Runnymede meadow on the Thames river on June 15,
1215. the barons drew up 63 clauses of magna carta.

5. EvolutionofHumanRights
Theology and religion:
In a religious context every human being is considered connected
with god. Old sign give us the premise that Adam was created in
the ‘image of God'. The Quran talks of Man as ‘unit’ of existence
.the Upanishads and Gita talks of the ‘Brahman atman unity,
.thus bringing study of religion in man.
Accepting a universal common father thus gives rise to a
common humanity and from this can be derived the universality
of human rights.

6. Magna Carta:
• The Magna Carta, or “Great Charter,” was arguably the most
significant early influence on the extensive historical process that led
to the rule of constitutional law today in the English-speaking world.
• In 1215, after King John of England violated a number of ancient
laws and customs by which England had been governed, his subjects
forced him to sign the Magna Carta, which enumerates what later
came to be thought of as human rights.
• Widely viewed as one of the most important legal documents in the
development of modern democracy, the Magna Carta was a crucial
turning point in the struggle to establish freedom.

7. Theory of natural law:
• Natural law can be traced to the thoughts of Sophocles and
Aristotle .it was later elaborated by the stoics of the Greek
Hellenistic period and by philosophers of roman periods.
• Natural law contain all those elementary principles of justice.
Which is in accordance with nature ,which is unalterable and
eternal.
• According to Grotius a natural characteristics of human beings
is the need to live with other beings in peace and harmony.
• Grotius defined natural law as a dictate of right reason. Was
also recognized as father of modern international law.

8. The Natural Right Theory:
• in ancient times there was a doctrine known as the Doctrines
of Natural Law. These doctrines held that because people are
creatures of God and nature, they should be able to live their
lives based on the rule of God or nature. As time went on, a
man by the name of John Locke helped to modify these
doctrines of natural law, based on his belief that everyone was
naturally good and rational. Because he believed that the
government was obligated to serve the people, and protect their
natural rights, he strived for a government that really
represented the people and their interests. This lead to the
modern concept of natural rights -- not only do we have these
rights, but no person or society can violate or take those rights
from us.

9. The universal declaration of human rights:
• The provision of the united nation written grant did
not specifically spell out details of human rights.
• Human rights were to be recognised,promoted and
protected
• Through an international bill of human
rights(IBHR).this was on the lines of the British bill
of right and American bill of right .
• The IBHR was to contain a declaration which would
for the first time in human history .have universally
accepted right and a agreement having specific
provision for its implementation.
• The commission on human right first drafted the
UDHR which was adopted by the general assembly
on 10 December 1948 at its meeting in Paris.
• As a result two covenant were adopted namely , the
international covenant on civil and political rights
and the international covenant on economics,social
and cultural rights.

10. FUNDAMENTALSRIGHTINTHECONSTITUTION
• The Part III of the Constitution of India gives a detailed description on a
charter of rights called the ‘Fundamental Rights'.
• These fundamental rights guarantee civil freedom to all the citizens of India
to allow them to live in peace and harmony. These are the basic rights that
every Indian citizen has the right to enjoy, irrespective of their caste, creed
and religion, place of birth, race, color or gender.
• These fundamental rights include Right to Equality, Right to Freedom,
Right to Freedom of Religion, Cultural and Education Rights, Right against
Exploitation, Right to Constitutional Remedies, etc.
• Anyone guilty of the non-compliance to such Fundamental rights will be
punished as mentioned in the Indian Penal Code, subject to the verdict of
the judiciary. Fundamental rights for Indians aim at narrowing down the
inequalities of pre-independence social practices, especially the abolition of
untouchability.
• They also guarantee the protection of cultural and educational rights of
some religious minorities by granting them the liberty to conserve their
languages and educational institution.

11. SIGNIFICANCEANDCHARECTERISTICS
• Preservation of human dignity
• Enforcement of rights
• Protection against violations of human rights
• Applicability
• Enforceable against individual
• Amendment to rights
• Suspension of rights
• Classification

13. SIXFUNDAMENTALRIGHTS
The Right to EQUALITY
The Right to FREEDOM
The Right to Freedom from EXPLOITATION
The Right to FREEDOM OF RELIGION
Cultural and EDUCATIONAL Rights
The Right to CONSTITUTIONAL REMEDIES

14. Righttoequality

15. Righttoequality
(i) Equality before Law :- Article 14 of the constitution
guarantees that all citizens shall be equally protected by the laws
of the country
(ii) Social equality and equal access to public areas:- Article
15 of the constitution states that no person shall be discriminated
on the basis of caste, colour, language etc. Every person shall
have equal access to public places like public parks, museums,
wells, bathing ghats and temples etc. However, the State may
make any special provision for women and children.

16. Righttoequality
(iii) Equality in matters of public employment:- Article 16 of the
constitution lays down that the State cannot discriminate against
anyone in the matters of employment. All citizens can apply for
government jobs.
(iv) Abolition of untouchability :- Article 17 of the constitution
abolishes the practice of untouchability. Practice of untouchability is
an offense and anyone doing so is punishable by law.
(v) Abolition of Titles:- Article 18 of the constitution prohibits the
State from conferring any titles. Citizens of India cannot accept titles
from a foreign State.

17. Righttofreedom

18. Righttofreedom
(i) Freedom of Speech and expression, which enable an individual
to participate in public activities. The phrase, "freedom of press" has
not been used in Article 19, but freedom of expression includes
freedom of press.
(ii) Freedom to assemble peacefully without arms, on which the
State can impose reasonable restrictions in the interest of public order
and the sovereignty and integrity of India.
(iii) Freedom to form associations or unions on which the State can
impose reasonable restrictions on this freedom in the interest of
public order, morality and the sovereignty and integrity of India.

19. Righttofreedom
 (iv) Freedom to move freely throughout the territory of India though
reasonable restrictions can be imposed on this right in the interest of the
general public, for example, restrictions may be imposed on movement
and travelling, so as to control epidemics.
 (v) Freedom to reside and settle in any part of the territory of India
which is also subject to reasonable restrictions by the State in the interest
of the general public or for the protection of the schedule tribes because
certain safeguards as are envisaged here seem to be justified to protect
indigenous and tribal peoples from exploitation and coercion.

20. Righttofreedom
 (vi) Freedom to practice any profession or to carry on any
occupation, trade or business on which the State may impose
reasonable restrictions in the interest of the general public. Thus,
there is no right to carry on a business which is dangerous or
immoral.

21. Rightagainstexploitation

22. Rightagainstexploitation
 The abolition of trafficking in human beings and Begar (forced
labour)
 Abolition of employment of children below the age of 14 years in
dangerous jobs like factories and mines.
 Begar, practised in the past by landlords, has been declared a crime
and is punishable by law
 Trafficking in humans for the purpose of slave trade or prostitution is
also prohibited by law.

23. Righttofreedomofreligion

24. Righttofreedomofreligion
According to the Constitution, all religions are equal
before the State and no religion shall be given preference
over the other. Citizens are free to preach, practice and
propagate any religion of their choice.
i. Religious communities can set up charitable institutions of their
own.
ii. Activities in such institutions which are not religious are performed
according to the laws laid down by the government
iii. No person shall be compelled to pay taxes for the promotion of a
particular religion.
iv. A State run institution cannot impart education that is pro-religion

25. Cultural&educationalRights

26. Cultural&educationalRights
ARTICLES 29 & 30
Any community which has a language and a script of its own has the
right to conserve and develop it.
All minorities, religious or linguistic, can set up their own educational
institutions to preserve and develop their own culture.

27. Righttoconstitutionalremedies

28. Righttoconstitutionalremedies5
Right to constitutional remedies empowers the citizens to move a court
of law in case of any denial of the fundamental rights.
This procedure of asking the courts to preserve or safeguard the citizens'
fundamental rights can be done in various ways. The courts can issue
various kinds of writs. These writs are habeas corpus, mandamus,
prohibition, quo warranto and certiorari.