INTRODUCTION TO HUMAN RIGHTS
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Human rights are rights of individuals in society. Every human
being is entitled to have rights - legitimate, valid, justified claims - upon
his or her society for certain freedoms and benefits. They are those freedoms
and benefits deemed essential for individual well-being, dignity, and
fulfillment, and that reflect a common sense of justice, fairness, and decency.
·
Human rights are universal: they belong to every human being in
every human society. They do not differ with geography or history, culture or
ideology, political or economic system, or stage of societal development. To
call them "human" implies that all human beings have them, equally
and in equal measure, by virtue of their humanity - regardless of their race,
ethnic origin, religion, gender, political affiliation, wealth or poverty,
occupation, talent and personal preferences.
·
The idea of human rights is primarily of political nature with
strong moral foundation. Minimum standard of well-ordered political
institutions is critical for exercise and protection of human rights. Politics
is driving force behind all changes in definition of individual rights as
specific abuses enter the public consciousness. However, people still have
human rights even if the laws or those in power do not recognize or protect
them.
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Human rights are inalienable: you cannot lose these rights any more
than you can cease being a human being. Human rights are indivisible: you
cannot be denied a right because it is "less important" or
"non-essential." Human rights are interdependent: all human rights
are part of a complementary framework. For example, your ability to participate
in your government is directly affected by your right to express yourself, to
get an education, and even to obtain the necessities of life. Human rights are
both inspirational and practical. Human rights principles hold up the vision of
a free, just, and peaceful world and set minimum standards for how individuals
and institutions everywhere should treat people. Human rights also empower
people with a framework for action when those minimum standards are not met.
·
Human rights are claims upon society. They imply both individual
entitlement and corresponding obligation on society. The state must develop
institutions and procedures, must plan and mobilize resources as necessary to
meet the claims individuals have. Political and civil rights require laws,
institutions, procedures, and other safeguards against tyranny, against
corrupt, immoral, and inefficient agencies or officials. Economic and social
rights require taxation and spending and a network of agencies for social
welfare. The idea of human rights implies also that society must provide some
system of remedies to which individuals may resort to obtain benefits to which
they are entitled or be compensated for their loss.
·
Human rights are not absolute categories. It means that each person
is entitled to exercise his or her rights in a way that does not interfere with
rights of other people or legitimate public interests. For example, freedom of
speech does not mean that one can speak about any topic at any time and place.
Freedom of press does not allow a person to intentionally publish false,
harmful information about another person. However, individual rights are not
subordinate to common good. In complex, democratic societies such as the United
States, the primary goal is striking the proper balance between individual
rights and public interest.
·
The idea of human rights accepts that some limitations on rights
are permissible but the limitations are themselves strictly limited by law.
Public emergency, national security, and public order are examples of
situations that indicate important societal interests, but they cannot be
lightly or loosely invoked to unnecessarily invade or violate individual
rights. Limitations are permitted only to the extent strictly required by the
exigencies of the particular situation. However, the government may under no
circumstances go so far as to invade the right to life, or implement torture,
inhuman punishment, slavery, or violate freedom of thought, conscience, or
religion.
·
Concern for human rights protection is of paramount importance in
any type of society. Even in countries that take pride in their human rights
record, there are areas that call for improved treatment of human rights. For
example, the respect for civil and political rights has been greatly emphasized
in the United States. On the other hand, the US government rarely recognizes
health care, work, homelessness, environmental pollution, and other social and
economic concerns as human rights issues.
·
People experience their human rights every day in the United States
when they worship according to their belief, or choose not to worship at all;
when they debate and criticize government policies; when they join a trade
union; when they travel to other parts of the country or overseas. Although
most of us usually take these actions for granted, people both here and in
other countries do not enjoy all these liberties equally. Human rights
violations also occur everyday in this country when a parent abuses a child,
when a family is homeless, when a school provides inadequate education, when
women are paid less than men, or when one person steals from another.
·
"Western" philosophic foundations of human rights are not
universally accepted. Today in the world there is no general consensus about
positive definitions of human rights. Bills of rights differ from nation to
nation. Even in the Western world scope and exercise of human rights differ
from one country to another.
·
In non-Western countries, observance of human rights is based on
quite different premises. For example, socialist and communist countries have
emphasized social-welfare rights, such as right to education, right to job, and
right to health care. However, their citizens often have limited civil and
political rights. In some cultures, the Western idea of human rights as
individual rights is completely rejected. Emphasis on individual is viewed as
egocentric, egoistic, and divisive. For example, in Islamic countries religious
concerns that dominate social life have distinct primacy over individual
rights. Unlike Western law, which is primarily concerned with regulating public
affairs of citizens and protecting individual rights, the Islamic law seeks to
regulate the entirety of human existence leaving very little room for some
civil rights and individual freedoms. In some traditional societies, like Japan
and India, concepts of personal loyalty and obligation have been given far more
weight than individual aspirations. In those societies, self-worth and identity
are viewed as stemming from groups to which the person belongs rather than from
what that person has accomplished.
CLASSIFICATION OF HUMAN RIGHTS
·
Human rights can be classified
in a number of different ways. Some rights may fall into more than one of the
available categories. One of the most widely used classifications distinguishes
two general categories: classic or civil and political rights, and social
rights that also include economic and cultural rights. While classic rights
generally restrict the powers of the government in respect of actions affecting
the individual and his or her autonomy (civil rights) and confer an opportunity
upon people to contribute to the determination of laws and participate in
government (political rights), social rights require the state to act in a
positive, interventionist manner so as to create the necessary conditions for
human life and development.
·
The distinction between civil
and political rights reflects both historical developments and conceptual
differences. Civil rights (rights to life, liberty and property) achieved
recognition earlier than citizens' right to participate in governing themselves
and each other. While civil rights
restrict the application of laws that affect particular protected interests,
political rights give people opportunity to take direct part in legislative and
other processes of the government. Civil rights are often conceived as negative
or defensive rights, rights not to be subjected to certain invasions of natural
liberty, rather than positive or affirmative rights, rights to the assistance
of the state in achieving important human goals. Civil rights include the right
to life, the right to liberty and
freedom of movement, the right to
equality before the law, the right to
presumption of innocence until proven guilty, the right to appeal a conviction, the right to be free of cruel,
inhuman or degrading punishment, the right to privacy and protection of that privacy by law, freedom of thought, conscience,
and religion, freedom of opinion and expression, freedom of association and
assembly.
·
Political rights overlap with, but differ from, civil rights. Political
rights guarantee the positive liberty to contribute to the process of
self-government. They directly involve the structure of the state and the
distribution of political power, and therefore are of great concern to all
governments. Political rights involve both individual claims for inclusion or
equality within existing political processes, and claims that system of
governance should be structured so as to provide opportunities for political
participation. According to the modern concept of political rights, rights
every citizen should have the right and opportunity, without unreasonable
restrictions, to: take part in the conduct of public affairs, directly or
through chosen representatives; vote for and be elected to public office; and
have access, on general terms of equality, to public service in his or her
country.
·
The concept of social rights
requires the state to take active steps toward promoting the well-being of all its
members out of social solidarity. It is believed that everyone, as a member of
society, has the right to social security and is entitled to realization of the
economic, social and cultural rights indispensable for his or her dignity and
the free development of his or her personality. Social rights include the right
to education, the right to cultural life, the right to rest and leisure, the
right to health, wages sufficient to support a minimum standard of living, equal pay for equal work, equal opportunity for advancement, form trade unions, strike, paid or otherwise compensated
maternity leave, the right to intellectual
property.
Learn more about human rights
fundamentals by visiting the following Web sites:
Human
Rights at Your Fingertips
Guide to Human Rights Research
Searchable
Database of Human Rights
