Human Rights refer to the concept of human beings as having universal natural rights, or status, regardless of legal jurisdiction or other localizing, such as ethnicity, nationality, and sex. Human beings are born equal in dignity and rights. These are moral claims which are inherent in all individuals by virtue of their humanity alone, irrespective of caste, color, creed and place of birth, sex, cultural difference or any other consideration.
Also referred as:-
- Fundamental rights,
- Basic rights,
- Inherent rights,
- Natural rights, and
- Birth rights.
Dr. Das Basu defines – “human rights are those minimal rights, which every individual must have against the state, or other public authority, by virtue of his being a ‘member of human family’ irrespective of any consideration.
Characteristics
- Human rights are Inalienable
Can’t be taken away or transferred but can be limited when the exercise of it is an affront to the rights of others.
- Human rights are Inherent
Essential part of our lives, intrinsic.
- Human rights are Universal
People have human rights whoever they are and wherever they are. Human rights are not a monopoly of any privileged class of people. The values such as divinity, dignity, and equality which form the basis of these rights are inherent in human nature.
- Human rights are indivisible
Human rights must be enjoyed by everyone in its full range. Human rights are not capable of being divided.
- Human rights are essential and necessary
In absence of human rights, the moral, physical, social and spiritual welfare of an individual is impossible. Human rights are necessary for the fulfillment of the purpose of human life.
- Human rights are in connection with human dignity
To treat another individual with dignity irrespective of the fact that the person is a male or female, rich or poor, etc. is concerned with dignity.
Ex: in 1993, India has enacted a law that forbids the practice of carrying human excreta. This law is called – Employment of manual scavengers and dry latrines (prohibition) act.
- Human rights are fundamental
Because, without them, the life and dignity of man will be meaningless
- Human rights ate interdependent and interrelated
Human rights are interdependent because the fulfillment or exercise of one cannot be had without the realization of the other. Each one contributes to the realization of an other. Each one contributes to the realization of a person human dignity through the satisfaction of his or her development, physical, psychological and spiritual needs.
- Human rights are irrevocable
They cannot be taken away by any power or authority because these rights originate with the social nature of man in the society of human beings and they belong to a person simply because he is a human being. As such human rights are similar to moral rights.
- Human rights are participative and inclusive
All people have the right to participate in and access information relating to the decision-making processes that affect their lives and well-being.
- Human rights are never absolute
Man is a social animal and he lives in a civic society, which always put certain restrictions on the enjoyment of his rights and freedoms. Human rights as such are those limited powers or claims, which are contributory to common good and which are recognized and guaranteed by state, through its laws to the individual. As such each right has certain limitations.
- Human rights are dynamic
Human rights are not static, they are dynamic. Human rights go on expanding with socio-eco-cultural and political developments within the state. Human rights are flexible.
- Human rights as limits to state power
Human rights imply that every individual has legitimate claims upon his or her society for certain freedom and benefits. So human rights limit the states power.
