Political Science, asked by purvi77, 1 year ago

what is Right and its features?

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Answered by GyaniRishabh2005
4
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The study of human rights has assumed very significance as these are considered essential for the existence of human beings. International community has become conscious of their protection in the post-second world war period. The UNO has provided a concrete form these rights with its Declaration on Human Rights on 10thDecember 1948. The member-nations were asked to promote and secure the effective recognition and observance of the rights and freedom as declared in the U.N. Declaration on Human Rights. All member states observe 10th December as the Human Rights Day.

It is very difficult to define the human right as there is no universally acceptable conception of it. Each individual must have some rights not only to survive in the community, but also to make the life better. In this sense rights are basic freedom that all people should have. A.A. Said observes that human rights are concerned with the dignity of the individual—the level of self-esteem that secure personal identity and promotes human community.

Thus, while some of the human rights are essential for the very existence of the human beings, others are necessary for the development of individual personality. S.C. Kashyap points out that these rights are essential for the adequate development of the human personality and for human happiness. For him human rights are “those fundamental rights to which every man or woman inhabiting any part of the world should be deemed entitled merely by virtue of having been born a human being.” M. J. Vincent observes that “human rights are the rights that everyone has, and everyone equally, by virtue of their very humanity”.

Characteristics of Human Rights:

The main characteristic features of human rights may be analyzed in the following manner:

1. Human rights imply that everyone should have them. People do not enjoy them as the member of a particular nation or of a community, rather as the member of the human society. So human rights are universally applicable to all without any discrimination on the grounds of caste, class, color, sex, religion etc.

2. Human rights, as a comprehensive whole, include socio­economic, civil, political, cultural rights which are deemed to be essential for the human beings to lead a life of dignity.

3. Human rights are justiciable. They cover legal rights protected by the law of the state. They also cover fundamental rights as incorporated in the constitution of the land and they enjoy judicial enforcement.

4. Human rights are not absolute. Like all rights, they may also be restricted in the interest of public peace, social decency, political security and the like.

5. Human beings cannot stay without the enjoyment of human rights. All of them possess these rights as the members of the human society. Since some people are ignorant of these rights, they must be taught about these opportunities. They only can lead a life of peace, security and dignity with the growing consciousness of these rights.

Types of Human Rights:

The Universal Declaration of Human Rights has guaranteed a number of rights which can be classified as follows:

(a) Social or Civil Human Rights:

All human beings are entitled to:

(1) The right to life, liberty and security of persons

(2) Right to freedom from slavery and servitude

(3) Right to freedom from torture or cruel, inhuman or degrading treatment or punishment

(4) Right to freedom from arbitrary interference with privacy, family, home or correspondence

(5) Right to marry and have family and right to property.

(b) Political Human Rights:

To take part in the political process, all human beings are provided with some rights such as:

(1) Right to nationality

(2) Right to equality before law and equal protection of law

(3) Right to judicial remedies, fair trial and freedom from arbitrary arrest, detention or exile

(4) Right to freedom of thought, expression, belief, faith, conscience and religion

(5) Right to freedom of peaceful assembly and association

(6) Right to take part in government affairs and equal access to public service

(7) Right to equal suffrage

(8) Right to freedom of movement and right of asylum etc.

(c) Economic Human Rights:

To ensure the economic interest of the human being, UNO also provides certain economic rights, such as:

(1) Right to social security

(2) Right to work and the right to equal pay for equal work

(3) Right to form trade unions

(4) Right to rest and leisure

(5) Right to food, health and adequate standard of living.


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