Essay on human rights and the united nations charter
Answers
Human rights are as old as human civilization; but their use and relevance have been well defined during the recent years. It has gathered more importance in the post-second-world war period, particularly after the United Nation’s Declaration of Human Rights (UNDHR) in 1948.
Meaning:
There is no precise definition of Human Rights. The Oxford Power Dictionary (1993) defines human rights as the ‘basic freedom that all people should have’. The human rights ‘basically emerge out of human needs and capabilities. In a simple language, human rights are meant for human beings to satisfy their basic needs.
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In a broader sense, the human rights are “those rights to which every man and woman inhabiting any part of the world should be deemed entitled by virtue of having been born a human being” (Kashyap). In other words, human rights are those rights which are essential for a dignified and a decent human living as well as human existence and adequate development of human personality.
Human rights are held by all human beings and human rights exist as long as human beings exist. Both are inalienable and cannot be separated. Precisely, human rights imply availability of “Such conditions which are essential for the fullest development and realization of the innate characteristics which nature has bestowed him/her with, as a human being”. They are essential to ensure the dignity of every person as a human being’.
Man is gregarious and he loves staying together. Every human being, as a social being, lives in a group in the society. As an individual, he has a right to life and right to a decent living. As a social being, and an inseparable part of the society/community, he too has other rights, like: right to freedom of speech, expression, thought, belief and faith and right to move freely. Thus, human rights are essential for the development of the human personality in society, where he lives.
Types of Human Rights:
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Human rights in general, may be of two types:
(a) Rights which are essential for the dignified and decent human existence, and
(b) Rights which are essential for adequate development of human personality.
Rights under the first category include right to fulfillment of basic human needs like food, shelter, clothing, health and sanitation, earning one’s live-hood and the like.
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The second category of human rights comprises of right to freedom of speech and expression, cultural and educational rights.
Characteristics of Human Rights:
Human rights possess the following characteristics:
1. Inalienability:
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Both human beings and human rights are inalienable and inseparable. One can not stay without the other.
2. Comprehensiveness:
Human rights are comprehensive. They include socio-economic, civil, political and cultural rights which are relevant for a decent human living.
3. Universality:
Human rights are universally applicable to one and all. These are meant for all individuals of all nations, without there being any discrimination on grounds of caste, class, colour, sex, creed, language and religion.
4. Justice ability:
These rights are also justiciable.
5. Non-absoluteness:
These rights are not absolute and there can be restriction imposed on these.
Development of the Concept Human Rights:
The concept of human rights was further strengthened with the emergence of Magna Carta (1215) and Bill of Rights (England) 1689, following the glorious Revolution of 1688. Unlike Thomas Hobbes (1588-1679) and John Locke (1632-1704) talked of partial surrender of a few natural rights; Rights like right to life, liberty and property were never to be given up as those were inalienable rights. The basic concept of Lockes theory of natural rights was that the citizens have always a legitimate right to overthrow a Government if it failed to protect the citizens’ rights.
Almost a century there after came the ‘American Declaration of Independence’ (1776) which affirmed that ‘all men are created equal’ and that they are assured of several inalienable rights like ‘right to life, liberty and the pursuit of happiness’.
Nearly a decade later, in 1789, came the famous ‘French Declaration of Rights of men and citizens’ as an outcome of the French Revolution, the same year. It proclaimed in all clear terms that ‘men are born free’ and they remain ‘free and equal in the enjoyment of rights of liberty, property, Security’ and resistance to oppression’.