Human Rights

Human Rights

Human Rights

2.4 Human Rights

Definition :

Human rights are the right inherited to all human beings by the virtue of being human. It includes the natural and legal rights endowed to human, from cradle to grave.

Human rights are the basic rights and freedom to which all humans are entitled without discrimination irrespective of their nationality, origin, race, color, region, ethnicity or any grounds. These rights are universal, inseparable and equal to all in nature.

Human rights are the means for establishing human dignity, human value and relation. Universal Declaration on Human Rights, 1948 adopted human rights as basis for peace, freedom and development. UN charter incorporates the basic tenets of human rights. Human rights are legally ensured, protected, and promoted through codified law such as International Law, national and local legislation.

Classification of Human rights :-

The division of human rights into three generations was initially proposed in 1979 by the Czech jurist Karel Vasak at the International Institute of Human Rights. His divisions follow the three watchwords of the French Revolution : Liberty, Equality and Fraternity. The Universal Declaration of Human Rights includes rights that are thought of as second generation as well as first generation ones, but it does not make the distinction in itself.

i) First Generation Human Rights :-

  • Human rights related to freedom.
  • Civil and political rights.
  • Often called “Blue Rights”, deal essentially with liberty and participation in political life.
  • Natural rights are included in it.
  • Rights such as right to life and freedom, right to security, freedom of speech, right to vote, right to represent, etc. fall under domain of civil and political rights.
  • UDHR, 1948 and International Covenant on Civil and Political Rights, 1966 ensure these rights.

ii) Second Generation Human Rights :-

  • Human rights related to equality.
  • Economic, social and cultural rights.
  • Guarantee equal conditions and treatment to different members of the society.
  • Right to employment, consumption , education, health, religion, culture, social security, social justice, etc. fall under its domain
  • UDHR, 1948 and International Covenant on Economic, Social and Cultural Rights, 1966 have provisioned these rights.

iii) Third Generation Rights :-

  • Solidarity rights.
  • Also known as “Green Rights”.
  • Advanced rights that go beyond mere civil and social rights.
  • Right to be organized , from unions and associations, right to self-determination, right to healthy environment, communication rights, etc. fall under its domain.
  • Housed in many progressive documents of international law, but remains largely unofficial.

Importance of Human Rights :-

Human Rights are the foundation for democracy, social justice, human security and independence. It`s importance can be reflected as :-

  1. Human rights ensure people have basic needs met.
  2. Human rights protect vulnerable groups from abuse.
  3. Human rights allow people to stand up to societal corruption.
  4. Human rights encourage freedom of speech and expression.
  5. Human rights give people the freedom to practice their religion (or not practice any).
  6. Human rights allows people to love who they choose.
  7. Human rights encourage equal work opportunities.
  8. Human rights give people access to education.
  9. Human rights protect the environment.
  10. Human rights provide a universal standard that holds governments accountable.

Difference between Human Rights and Fundamentals Rights

BASIS FOR COMPARISONFUNDAMENTAL RIGHTSHUMAN RIGHTS
MeaningFundamental Rights means the primary rights of the citizens which are justifiable and written in the constitution.Human Rights are the basic rights that all the human beings can enjoy, no matter where they live, what they do, and how they behave, etc.
IncludesBasic Rights OnlyBasic and Absolute Rights
ScopeIt is country specific.It is universal.
Basic PrincipleRight of freedomRight of life with dignity
GuaranteeConstitutionally guaranteedInternationally guaranteed
EnforcementEnforceable by the court of law.Enforceable by United Nation Organization.
OriginOriginated from the views of democratic society.Originated from the ideas of civilized nations.

Difference between Fundamentals Rights and Directive Principles of State

Fundamental RightsDirective Principles of State Policy
Part 3 of the Constitution of India contains the Fundamental Rights guaranteed to the citizens of India. Articles 12-35 of the Constitution of India deal with Fundamental Rights.Directive Principles are written in Part 4 of the Constitution of India. They are given in Articles 36-51 of the Constitution of India.
The basic rights that are guaranteed to Indian citizens by the Constitution of India are known as Fundamental Rights Directive Principles of the Indian constitution are the guidelines to be followed by the Government while framing policies.
Political Democracy is established in India with the help of Fundamental Rights given in the Constitution of India.Economic and Social Democracy is established with the help of the Directive Principles of State Policy
The welfare of each and every citizen is promoted through the Fundamental RightsThe welfare of the entire community is fostered with the help of Directive Principles. 
As per the law, the violation of Fundamental Rights is punishable.Violation of Directive Principles is not a punishable crime unlike violation of Fundamental Rights
Fundamental Rights are justiciable as they can be enforced legally by the courts if there is a violation.Directive Principles are not justiciable as they cannot be enforced by the courts if there is a violation.
If there is a law which is in violation of fundamental rights then the courts can declare it as invalid and unconstitutional.If there is a law in violation of Directive Principles, then the courts do not have the power to declare it as invalid and unconstitutional.
Fundamental Rights are sometimes considered as a kind of restrictions imposed on the State.Directive Principles are directions for the Government in helping it to achieve some particular objectives.
Fundamental rights can be suspended during a national emergency. But, the rights guaranteed under Articles 20 and 21 cannot be suspended.Directive Principles of State Policy can never be suspended under any circumstances.
Fundamental Rights was borrowed from the Constitution of the United States of AmericaDirective Principles of State Policy was borrowed from the Constitution of Ireland which was in turn copied from the Constitution of Spain.
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