3. Rights
are those conditions granted by the state under
situations and circumstances for the welfare of the
people
Rights maybe positive or negative
Every right has a corresponding duty
Every right is restricted
4. Old
English riht (West Saxon, Kentish), reht (Anglian),
"that which is morally right, duty, obligation," also "rule of
conduct; law of a land;" also "what someone deserves;
a just claim, what is due; correctness, truth; a legal
entitlement, a privilege,"
5. Rights
are recognized by the society
They are granted to the people by the state
Rights and duties are co related
Rights are dynamic in nature
Rights are related to politics but they differ in their
nature
6.
7. Moral
Rights
Legal Rights
Civil Rights
Political
Rights
Economic Rights
Legal Rights
Fundamental Rights
Human Rights
8. The
rights are broadly classified into two categories- Moral Rights and Legal
Rights.
Moral rights are based on our ethical awareness and on a sense of
morality and justice. As these rights are not normally enforced by the court
of law but by the customary provisions, its breach may not amount to
punishment by the state.
Legal
rights are recognized by the state and are enforced by the court of
law. Therefore, its violation will lead to punishment. The fundamental rights
of our Constitution enumerated under part III of the constitution are
justiciable.
9. As
moral rights are not guaranteed by the state these
are to be asserted by the citizen. Right to resist the state
is a moral right. Green advocated resistance to the
unjust state and Gandhiji through Satyagraha- a kind of
resistance got rid of many unjust laws. But this right is to
be used only in extreme cases as it is likely to incur farreaching consequences.
10. These
rights are recognised by the state and is also enforced by the state. In the event of any breach of such
rights and privi-leges one can take shelter in the court of
law. Therefore, these rights are enforceable in a court of
law. The legal rights are of three kinds such as Civil
Rights, Political Rights and Economic Rights. Some of
these rights are given next:
11.
12. "Civil
rights" are the Basic rights .It is sanctioned by the
government .
"Civil rights" are the rights of individuals to receive equal
treatment (and to be free from unfair treatment or
"discrimination") in a number of settings -- including
education, employment, housing, and more -- and
based on certain legally-protected characteristics.
13. The
"Civil Rights Movement" referred to efforts toward
achieving true equality for African-Americans in all
facets of society, but today the term "civil rights" is also
used to describe the advancement of equality for all
people regardless of race, sex, age, disability, national
origin, religion, or certain other characteristics.
14.
Right to Life
Right to Family
it Implies the freedom of the person to lead a personal life in accordance with legal
conditions .
Right to Equality of law
Every citizen has to freedom to life .no one has right to harm others or they have the
right to take their own life .
Every citizens will be treated equally in the eyes of law .
Right to Religion
No one can tell you to change your religion ,it is implies that every citizen is having to
freedom any religion practice in the own interest .
15. Right
every citizen has a freedom of speech to express .
Right
to freedom of profession :-
every citizen has to choose the profession which is legal .
Right
to freedom of movement :-
Every person has to permitted to move anywhere in India except J&K .
Right
to freedom of speech :-
to form association :-
Any association should have to registered mark . Every citizen can form an
association which is legal .
16. Right
to property :-
every
citizen can buy and sell property legally .it also implies
that govt. has power to take it from you .
Right
every
to social security :-
citizen has a right for social security .
17.
18. Right
Every Citizen has a freedom to choose their representative.
Right
to contest in election:
Every citizen is free to participate in the affairs of state by contesting in the
election, e.g- if a person wants to stand for Rajya Sabha, he has to be
above 3o yrs, for Lok Sabha he has to be above 25 yrs.
Right
to vote:
to public employment:
Every citizen has a freedom to try for the government post or the jobs,
however government can prescribe reservations and conditions.
19. Right
to petition:
Every
citizen has a freedom to give a petition of request to
solve their respective problems.
Right
to criticize the government:
Every
citizen has the freedom to criticize the government, if
they are not performing in accordance with the constitution.
20.
Economic rights are the rights by which you can lead your life or fulfil the basic
needs.
Right to work:
Right to property:
Every citizen has the right to own and sell property.
Right to economic security:
Every citizen has the right to choose the nature of job.
right to entitlement of economic securities like, pension, Provident fund, assets, Savings
account, etc.
Right to rest:
Basic right.
21.
22. Fundamental
rights is a charter of rights contained in the
constitution of India. It guarantees civil liberties to the
citizens of India which include individual rights common
to most liberal democracies. The Fundamental rights are
basic human freedoms which every Indian citizen has
the right to enjoy.
23.
ARTICLE 14 - The State shall not deny to any person equality before the law or
the equal protection of the laws within the territory of India. All are equal in the
eyes of law
ARTICLE 15 - Prohibition of discrimination on grounds of religion, race, caste,
sex or place of birth
ARTICLE 16 - Equality of opportunity in matters of public employment
ARTICLE 17 - Abolition of Untouchability. Untouchability is abolished and its
practice in any form is forbidden. The enforcement of any disability arising out
of untouchability shall be an offence punishable in accordance with law.
ARTICLE 18 - Abolition of titles
24. ARTICLE
19
Protection of certain rights regarding freedom of speech, etc.
(1) All citizens shall have the right (a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) to practice any profession, or to carry on any occupation, trade or business.
25. ARTICLE
20
No one can be awarded punishment which is more than what the law of
the land prescribes at that time. Moreover, the person accused of any
offence shall be compelled to be a witness against himself.
ARTICLE
21
Protection of life and personal liberty. No person shall be deprived of his
life or personal liberty except according to procedure established by law
26. ARTICLE
22
Protection against arrest and detention in certain cases
(1) No person who is arrested shall be detained in custody without being informed,
as soon as may be, of the grounds for such arrest nor shall he be denied the right
to consult, and to be defended by, a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before
the nearest magistrate within a period of twenty-four hours of such arrest excluding
the time necessary for the journey from the place of arrest to court of the
magistrate and no such person shall be detained in custody beyond the said
period without the authority of a magistrate.
27. ARTICLE
23
Prohibition of traffic in human beings and forced labour.-
(1) Traffic in human beings and other similar forms of forced labour are prohibited
and any contravention of this provision shall be an offence punishable in
accordance with law.
(2) Nothing in this article shall prevent the State from imposing compulsory service
for public purposes, and in imposing such service the State shall not make any
discrimination on grounds only of religion, race, caste or class or any of them.
ARTICLE
24
Prohibition of employment of children in factories, etc.-
No child below the age of fourteen years shall be employed to work in any factory
or mine or engaged in any other hazardous employment.
28. ARTICLE
25
Freedom of conscience and free profession, practice
and propagation of religion.-
All persons are equally entitled to freedom of
conscience and the right freely to profess, practise
and propagate religion.
ARTICLE
26
Freedom to manage religious affairs. All have the
right to to establish and maintain institutions for
religious and charitable purposes, to manage its own
affairs in matters of religion, to own and acquire
movable and immovable property, to administer
such property in accordance with law.
29. ARTICLE
27
Freedom
as to payment of taxes for promotion of any
particular religion. No person shall be compelled to pay any
taxes, the proceeds of which are specifically appropriated
in payment of expenses for the promotion or maintenance
of any particular religion or religious denomination.
ARTICLE
28
Freedom
as to attendance at religious instruction or
religious worship in certain educational institutions. State run
institutions cannot impart education that is pro-religion.
30. ARTICLE
29
Protection
of interests of minorities.-
(1)
Any section of the citizens residing in the
territory of India or any part thereof having a
distinct language, script or culture of its own
shall have the right to conserve the same.
(2)
No citizen shall be denied admission into
any educational institution maintained by the
State or receiving aid out of State funds on
grounds only of religion, race, caste,
language or any of them.
31. ARTICLE
Right
30
of minorities to establish and administer educational
institutions. All minorities, whether based on religion or
language, shall have the right to establish and administer
educational institutions of their choice. In granting aid to
institutions, the state cannot discriminate against any
institution on the basis of the fact that its administered by a
minority institution.
32. Every
citizen can buy properly and sell properly legally.
Government can acquire property in the name of
public welfare.
33. Right
to move the Supreme Court for the enforcement
of fundamental rights. The Supreme Court shall have
power to issue directions or orders or writs, including writs
in the nature of habeas corpus, mandamus, prohibition,
quo warranto and certiorari.
34. To
abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem
To cherish and follow the noble ideals which inspired our
national struggle for freedom;
To uphold and protect the sovereignty, unity and integrity of
India
To defend the country and render national service when
called upon to do so
To promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious,
linguistic and regional or sectional diversities; to renounce
practices derogatory to the dignity of women;
35. To
value and preserve the rich heritage of our
composite culture;
To protect and improve the natural environment
including forests, lakes, rivers and wild life, and to have
compassion for living creatures;
To develop the scientific temper, humanism and the
spirit of inquiry and reform;
To safeguard public property and to abjure violence;
To strive towards excellence in all spheres of individual
and collective activity so that the nation constantly rises
to higher levels of endeavour and achievement.
36.
37. Human
Rights are more than Values and behaviours that we
think other countries don’t hold or implement, so we often
claim they don’t value Human Rights as well as we do
Belong
to everyone – they can’t be taken away from
marginalised individuals
Are
about the relationship between the state and individuals
Provide
a floor, not a ceiling, of basic standards, below
which the state must not fall and which it must protect or
fulfil
39. Definitions
HUMAN
RIGHTS are the rights that all people have by virtue of
being human beings.
HUMAN
RIGHTS are derived from the inherent dignity of the
human person and are defined internationally, nationally and
locally by various law making bodies.
HUMAN
RIGHTS is defined as the supreme, inherent, and
inalienable rights to life, to dignity, and to self-development. It
is concerned with issues in both areas of civil and political
rights and economic, social and cultural rights founded on
internationally accepted human rights obligations
40. RIGHTS
– moral power to hold (rights to life, nationality,
own property, rest and leisure), to do (rights to marry,
peaceful assembly, run for public office, education), to
omit (freedom from torture and cruel, inhuman or
degrading punishment, freedom from arbitrary arrest,
detention or exile) or to exact something (equal
protection of the law, equal access to public service,
equal pay for equal work)
HUMAN
RIGHTS coined by Eleanor Roosevelt to replace
Rights of Man
41. Human
rights are more than legal concepts: they are
the essence of man. They are what make man human.
That is why they are called human rights; deny them
and you deny man’s humanity (Jose Diokno)
43. Article
1.
All human beings are born free and equal in dignity and rights.They are
endowed with reason and conscience and should act towards one
another in a spirit of brotherhood.
Article 2.
Everyone is entitled to all the rights and freedoms set forth in this
Declaration, 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. Furthermore, no distinction shall be made on
the basis of the political, jurisdictional or international status of the country
or territory to which a person belongs, whether it be independent, trust,
non-self-governing or under any other limitation of sovereignty.
44. Article
3.
Everyone
Article
has the right to life, liberty and security of person.
4.
No
one shall be held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms.
Article
5.
No
one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.
Article
6.
Everyone
has the right to recognition everywhere as a person
before the law.
45.
Article 7.
All
are equal before the law and are entitled without any
discrimination to equal protection of the law. All are entitled to
equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.
Article
8.
Everyone
has the right to an effective remedy by the competent
national tribunals for acts violating the fundamental rights granted
him by the constitution or by law.
Article
No
9.
one shall be subjected to arbitrary arrest, detention or exile.
46. Article
10.
Everyone
is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his rights
and obligations and of any criminal charge against him.
Article
(1)
11.
Everyone charged with a penal offence has the right to be
presumed innocent until proved guilty according to law in a public
trial at which he has had all the guarantees necessary for his
defence.
(2) No one shall be held guilty of any penal offence on account of
any act or omission which did not constitute a penal offence, under
national or international law, at the time when it was committed.
Nor shall a heavier penalty be imposed than the one that was
applicable at the time the penal offence was committed.
47.
Article 12.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence,
nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law
against such interference or attacks.
Article 13.
(1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.
Article 14.
(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes
or from acts contrary to the purposes and principles of the United Nations.
48. Article
(1)
15.
Everyone has the right to a nationality.
(2)
No one shall be arbitrarily deprived of his nationality nor denied
the right to change his nationality.
Article
16.
(1)
Men and women of full age, without any limitation due to race,
nationality or religion, have the right to marry and to found a
family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution.
(2)
Marriage shall be entered into only with the free and full
consent of the intending spouses.
(3)
The family is the natural and fundamental group unit of society
and is entitled to protection by society and the State.
49. Article
17.
(1) Everyone has the right to own property alone as well as in association with
others.
(2) No one shall be arbitrarily deprived of his property.
Article
Everyone has the right to freedom of thought, conscience and religion; this
right includes freedom to change his religion or belief, and freedom, either
alone or in community with others and in public or private, to manifest his
religion or belief in teaching, practice, worship and observance.
Article
18.
19.
Everyone has the right to freedom of opinion and expression; this right
includes freedom to hold opinions without interference and to seek, receive
and impart information and ideas through any media and regardless of
frontiers.
50. Article
20.
(1) Everyone has the right to freedom of peaceful assembly and
association.
(2) No one may be compelled to belong to an association.
Article
21.
(1) Everyone has the right to take part in the government of his country,
directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of
government; this will shall be expressed in periodic and genuine elections
which shall be by universal and equal suffrage and shall be held by
secret vote or by equivalent free voting procedures.
51.
Article 22.
Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance
with the organization and resources of each State, of the economic, social and
cultural rights indispensable for his dignity and the free development of his personality.
Article 23.
(1) Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his
interests.
52. Article
24.
Everyone has the right to rest and leisure, including reasonable limitation
of working hours and periodic holidays with pay.
Article
25.
(1) Everyone has the right to a standard of living adequate for the health
and well-being of himself and of his family, including food, clothing,
housing and medical care and necessary social services, and the right to
security in the event of unemployment, sickness, disability, widowhood,
old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and
assistance. All children, whether born in or out of wedlock, shall enjoy the
same social protection.
53. Article
26.
(1) Everyone has the right to education. Education shall be free, at least in
the elementary and fundamental stages. Elementary education shall be
compulsory. Technical and professional education shall be made generally
available and higher education shall be equally accessible to all on the basis
of merit.
(2) Education shall be directed to the full development of the human
personality and to the strengthening of respect for human rights and
fundamental freedoms. It shall promote understanding, tolerance and
friendship among all nations, racial or religious groups, and shall further the
activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be
given to their children.
54. Article
27.
(1)
Everyone has the right freely to participate in the cultural
life of the community, to enjoy the arts and to share in
scientific advancement and its benefits.
(2)
Everyone has the right to the protection of the moral and
material interests resulting from any scientific, literary or
artistic production of which he is the author.
Article
28.
Everyone
is entitled to a social and international order in
which the rights and freedoms set forth in this Declaration
can be fully realized.
55.
Article 29.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due recognition
and respect for the rights and freedoms of others and of meeting the just requirements
of morality, public order and the general welfare in a democratic society.
(1) Everyone has duties to the community in which alone the free and full
development of his personality is possible.
(3) These rights and freedoms may in no case be exercised contrary to the purposes
and principles of the United Nations.
Article 30.
Nothing in this Declaration may be interpreted as implying for any State, group or
person any right to engage in any activity or to perform any act aimed at the
destruction of any of the rights and freedoms set forth herein.