Law and You > Legal Concepts > Human Rights > Characteristics of Human Rights
In this article, we shall study meaning and characteristics of Human Rights.
Human beings are born equal in dignity and rights. These are moral claims which are inalienable and inherent in all individuals by virtue of their humanity alone, irrespective of caste, colour, creed, and place of birth, sex, cultural difference, or any other consideration. These claims are articulated and formulated in what is today known as human rights. Human rights are sometimes referred to as fundamental rights, basic rights, inherent rights, natural rights, and birthrights. A new development has established in the international law that protection of an individual’s human rights can no longer be completely entrusted to the state.
The principle of universality of human rights is the cornerstone of international human rights law. This principle, as first emphasized in the Universal Declaration on Human Rights in 1948, has been reiterated in numerous international human rights conventions, declarations, and resolutions. The 1993 Vienna World Conference on Human Rights, for example, noted that it is the duty of States to promote and protect all human rights and fundamental freedoms, regardless of their political, economic, and cultural systems.
Dr. Justice Durga Das Basu defines Human Rights as: “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. This definition brings out the essence of human rights. He also observed that human rights include those areas of individual or group freedom that are immune from government interference and these are rights that no one can be deprived of.
The Universal Declaration of Human Rights (UDHR), 1948, defines human rights as “rights derived from the inherent dignity of the human person.” Human rights when they are guaranteed by a written constitution are known as “Fundamental Rights” because a written constitution is the fundamental law of the state.
Justice Krishna Iyer observed: “Human rights are writ on a large canvass, as large as the sky. The law-makers, lawyers, and particularly judge, must make the printed text vibrant with human values.”
In Ram Deo Chauhan v. Bani Kant Das, AIR 2011 SC 615 case, the Supreme Court observed: “The term ‘human rights’ is a broad concept and cannot be straight-jacketed in narrow confines. any attempt to do so would truncate its all-embracing scope and reach, and denude it of its vigour and vitality.”
Characteristics of Human Rights:
Important characteristics of human rights are as follows:
Human Rights are Universal:
The principle that human rights are universal is a fundamental aspect of international human rights law. The idea behind the universality of human rights is that these rights are inherent to all individuals by virtue of their humanity, regardless of factors such as nationality, ethnicity, religion, gender, or any other distinguishing characteristic. Human rights are enforceable without a national border. Thus, human rights are universal because everyone is born with and possesses the same rights, regardless of where they live, their gender or race, or their religious, cultural, or ethnic background.
The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948, is a key document that underscores the universality of human rights. The UDHR explicitly states in its preamble that “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace in the world.” The universality of human rights is encompassed in the words of Article 1 of the Universal Declaration of Human Rights: “All human beings are born free and equal in dignity and rights.” They are not a monopoly of any privileged class of people. They are universal in nature, without consideration, and without exception.
This principle of universality is further reinforced by various international treaties and conventions that have been developed in subsequent years to address specific aspects of human rights. Governments, organizations, and individuals around the world are expected to respect, protect, and fulfill the rights outlined in these documents for everyone, without discrimination. While the implementation and realization of human rights may vary across different countries and regions, the core principle remains that human rights belong to every person simply by virtue of their humanity. This universal perspective is crucial for fostering a world where dignity, equality, and justice prevail for all individuals, regardless of their background or circumstances.
Human Rights are Inherent:
The notion of inherent human rights is central to the philosophy underlying international human rights law. It suggests that individuals do not need to earn or qualify for these rights; they are entitled to them simply by being human and these rights are not granted or conferred by any government, authority, or external entity. This perspective emphasizes the universality and inalienability of human rights. Thus, the idea is that human rights are a part of the inherent dignity and worth of every person, and they are not contingent upon factors such as nationality, race, gender, religion, or any other characteristic.
The Universal Declaration of Human Rights (UDHR), as mentioned earlier, explicitly recognizes the inherent dignity and equal and inalienable rights of all members of the human family. The term “inalienable” signifies that these rights cannot be surrendered, transferred, or taken away. They are an integral and non-negotiable aspect of human existence.
Inherent human rights provide a moral and legal foundation for advocating and protecting the well-being and dignity of individuals worldwide. This concept serves as the basis for the international community’s commitment to promoting and safeguarding human rights, striving to create a world where every person is treated with respect and is entitled to a set of fundamental rights and freedoms by virtue of their shared humanity.
Human Rights are Fundamental:
Human rights are grounded in the inherent dignity of every individual. They acknowledge that each person possesses an intrinsic worth by virtue of being human, irrespective of external attributes or circumstances. Human rights are universal, applying to all people regardless of nationality, ethnicity, religion, gender, or any other status. The universality of human rights emphasizes that certain rights are not the exclusive domain of particular groups or nations but are applicable to all human beings.
Human rights are indivisible, meaning that one right is not more important than another. They are also interdependent, as the realization of one right often depends on the fulfillment of others. For example, the right to education may be linked to the right to work. Human rights serve as safeguards against the abuse of power. By defining and recognizing certain rights, societies establish a framework that limits the actions of governments, institutions, and individuals, preventing the infringement of basic liberties.
Human rights promote the principles of justice and equality. They provide a framework for ensuring fairness in the treatment of individuals and groups, irrespective of differences, and strive to eliminate discrimination and inequality. The recognition and protection of human rights contribute to the establishment and maintenance of the rule of law. Governments are expected to govern in accordance with human rights principles, ensuring that laws and policies respect and uphold the rights of individuals. Human rights are integral to the idea of social progress and development. By ensuring that individuals have access to education, healthcare, and economic opportunities, human rights contribute to the overall well-being and advancement of societies. Human rights form the basis for international cooperation and diplomacy. Nations and organizations collaborate to promote and protect human rights globally, reflecting a shared commitment to the values articulated in various human rights instruments.
Thus, human rights are fundamental because they are deeply ingrained in the principles of dignity, universality, justice, and equality. They provide a moral and legal foundation for the construction of just and humane societies worldwide i.e., human Rights are fundamental rights because, without them, the life and dignity of man will be meaningless.
Human Rights are Imprescriptible:
The term “imprescriptible” in the context of human rights refers to the idea that these rights are not subject to prescription or expiration over time. In other words, human rights are considered enduring and timeless, and their validity and applicability persist without any time limit. This concept is rooted in the belief that certain rights are inherent to human beings and cannot be forfeited or extinguished by the passage of time, changes in circumstances, or any other factors.
The imprescriptibility of human rights is closely tied to their inherent and inalienable nature. Human rights are seen as essential aspects of human existence, and individuals possess them simply by virtue of being human. They cannot be surrendered, transferred, or renounced under any circumstances.
The Universal Declaration of Human Rights (UDHR), adopted by the United Nations in 1948, emphasizes the imprescriptible nature of human rights. The preamble of the UDHR recognizes that the “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace in the world.” Imprescriptibility underscores the ongoing commitment to protecting and promoting human rights. Societies, governments, and international bodies are expected to continuously uphold and respect human rights, irrespective of changing political, social, or economic circumstances.
Recognizing human rights as imprescriptible serves as a safeguard against potential abuses. It establishes a moral and legal foundation that prevents the violation or neglect of fundamental rights over time, emphasizing the enduring responsibility to protect individuals from discrimination, oppression, and injustice. Human rights are enshrined in various international treaties and conventions, creating a legal framework that reinforces their imprescriptible nature. These legal instruments often explicitly state that human rights are not subject to expiration and remain applicable at all times.
Thus, the imprescriptibility of human rights reflects the enduring and non-negotiable nature of these rights. It reinforces the idea that the protection and promotion of human rights are perpetual obligations that societies and governments must uphold to create a just and equitable world.
Human Rights are Inalienable:
The concept of inalienability in the context of human rights means that these rights are inherent to individuals and cannot be surrendered, transferred, or relinquished under any circumstances. Inalienable rights are considered an essential part of a person’s humanity, and individuals possess them by virtue of being human, independent of external factors such as nationality, race, gender, religion, or social status. They should not be taken away, except in specific situations and according to due process. For example, the right to liberty may be restricted if a person is found guilty of a crime by a court of law. Human rights are conferred to an individual even after his death. The different rituals in different religions bear testimony to this fact.
Inalienable rights protect individuals from coercion, duress, or any form of pressure to relinquish their rights. Even if an individual expresses a willingness to give up certain rights, the principle of inalienability asserts that such agreements are void if made under circumstances that undermine genuine consent. The idea of inalienability implies that human rights are non-negotiable. Governments, institutions, and individuals are bound to respect and protect these rights regardless of political, economic, or social considerations. Human rights cannot be traded, sold, or bargained away.
Human rights acknowledge and protect the fundamental worth and value of each person, irrespective of external characteristics. Inalienability underscores that certain rights are an integral part of human identity and cannot be separated from it.
The principle of inalienability is explicitly mentioned in the Universal Declaration of Human Rights (UDHR). The preamble of the UDHR states that “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace in the world.” Various international human rights treaties and conventions emphasize the inalienable nature of the rights they enumerate. Legal frameworks at both national and international levels recognize that certain rights are inherent and cannot be waived, ensuring their consistent protection.
The principle of inalienability helps prevent the exploitation of vulnerable individuals or groups. It establishes a moral and legal barrier against actions that would compromise individuals’ essential rights, emphasizing the duty to protect these rights regardless of circumstances.
Thus, the inalienability of human rights reinforces the idea that these rights are fundamental, inherent, and indivisible from human existence. It serves as a safeguard against any attempts to diminish or compromise the essential rights and freedoms that belong to every individual by virtue of their humanity.
Human Rights are Indivisible:
Human Rights are not capable of being divided. They cannot be denied even when other rights have already been enjoyed. Irrespective of their relation with civil, cultural, economic, political, or social issues, human rights are inherent to the dignity of every human person. Consequently, all human rights have equal status, and cannot be positioned in a hierarchical order. Denial of one right invariably impedes the enjoyment of other rights. Thus, the right of everyone to an adequate standard of living (say right of health or right of education) cannot be compromised at the expense of other rights.
The concept of the indivisibility of human rights emphasizes that all human rights are interconnected and interdependent. It asserts that the fulfillment of one category of rights is often dependent on the realization of other rights, and neglecting one set of rights can undermine the enjoyment of the entire spectrum of human rights. This principle is fundamental to the understanding and implementation of human rights and is enshrined in various international documents, including the Universal Declaration of Human Rights (UDHR). The indivisibility principle encourages a holistic approach to human rights. It recognizes that a comprehensive and integrated approach is necessary for the protection and promotion of all human rights, and efforts should not be limited to specific categories of rights at the expense of others.
Human rights are not isolated or independent categories; they are interconnected. Civil and political rights (such as freedom of expression and the right to a fair trial) are often linked with economic, social, and cultural rights (such as the right to education and the right to work). The full realization of one right contributes to the realization of others. Indivisibility principle promotes social justice by recognizing the interdependence of rights. Addressing social and economic inequalities is not only a matter of economic policy but also a human rights imperative. Ensuring access to healthcare, housing, and education contributes to a just and equitable society.
Thus, Human Rights are not capable of being divided. They cannot be denied even when other rights have already been enjoyed. Irrespective of their relation with civil, cultural, economic, political, or social issues, human rights are inherent to the dignity of every human person. Consequently, all human rights have equal status, and cannot be positioned in a hierarchical order. Denial of one right invariably impedes the enjoyment of other rights. Thus, the right of everyone to an adequate standard of living (say right of health or right of education) cannot be compromised at the expense of other rights.
Human Rights are Essential and Necessary:
In the absence of human rights, the moral, physical, social, and spiritual welfare of an individual is impossible. Human rights are also essential as they provide suitable conditions for the material and moral upliftment of the people. Human rights are necessary for the fulfillment of the purpose of human life.
Human Rights are in Connection with Human Dignity:
All individuals are equal as human beings and by virtue of the inherent dignity of each human person. There should not be any discrimination on the grounds of race, colour, ethnicity, gender, age, language, sexual orientation, religion, political or other opinion, national, social or geographical origin, disability, property, birth or other status. Human dignity should be maintained. For e.g. In 1993, India has enacted a law that forbids the practice of carrying human excreta. This law is called the Employment of Manual Scavengers and Dry Latrines (Prohibition) Act.
Human Rights are Interdependent and Interrelated:
Human Rights are interdependent because the fulfilment or exercise of one cannot be had without the realization of the other. Each one contributes to the realization of a person’s human dignity through the satisfaction of his or her developmental, physical, psychological and spiritual needs. The fulfilment of one right often depends, wholly or in part, upon the fulfilment of others. For instance, the fulfilment of the right to health may depend, in certain circumstances, on fulfilment of the right to development, to education or to information.
Human Rights are Irrevocable:
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 have similarities to moral rights. No government has the power to curtail or take away the rights which are sacrosanct, inviolable and immutable.
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 the common good and which are recognized and guaranteed by the State, through its laws to the individuals. As such each right has certain limitations.
Human Rights are Dynamic:
The dynamism of human rights refers to their ability to evolve, adapt, and respond to the changing needs, values, and challenges of societies over time. The dynamic nature of human rights recognizes that the understanding of these rights can expand, new rights may emerge, and interpretations may evolve as societies progress and face new circumstances.
As societies progress and evolve, there is an increased awareness of different aspects of human well-being. New social, economic, cultural, and environmental challenges may emerge, leading to the recognition and formulation of rights that address these contemporary issues. Societal values and moral perspectives can change over time. Issues that were once overlooked or marginalized may gain recognition as human rights concerns. For instance, evolving attitudes towards gender equality and LGBTQ+ rights reflect changing societal norms. The core principle of human rights is the recognition of the inherent dignity of all individuals. As societal perspectives on dignity evolve, so too does the interpretation and expansion of rights to safeguard and promote human dignity in various contexts.
Emerging global challenges, such as climate change, migration, and public health crises, can prompt the recognition of new rights or the reevaluation of existing ones. The dynamic nature of human rights allows for responses to global issues that affect individuals across borders. The global nature of human rights requires ongoing international collaboration. Treaties, conventions, and agreements can be developed to address new challenges and promote the protection of rights on a global scale.
Technological advancements and increased knowledge about human needs and capabilities may lead to the identification of new rights. For example, the right to privacy in the digital age has become increasingly important as technology has advanced, influencing discussions about surveillance and data protection.
Legal interpretations and judgments by national and international courts contribute to the dynamic nature of human rights. Legal decisions can clarify and expand the scope of existing rights, setting precedents that influence the understanding and protection of human rights. Advocacy and social movements play a crucial role in highlighting and advancing human rights. Movements for civil rights, women’s rights, environmental rights, and other causes contribute to the evolution of human rights norms and standards.
While the foundational principles of human rights remain constant, their application and interpretation are dynamic, reflecting the changing nature of societies and the ongoing quest for justice, equality, and the protection of human dignity. The adaptability of human rights ensures their relevance and effectiveness in addressing contemporary challenges.
Human Rights Limit State Power:
States and other duty-bearers are answerable for the observance of human rights. In this regard, they have to comply with the legal norms and standards enshrined in international human rights instruments. So human rights limit the state’s power. Where they fail to do so, aggrieved rights-holders are entitled to institute proceedings for appropriate redress before a competent court or other adjudicator in accordance with the rules and procedures provided by law in form of writ petitions. For eg. Six freedoms that are enumerated under the right to liberty forbid the State from interfering with the individual. Individuals, the media, civil society and the international community play important roles in holding governments accountable for their obligation to uphold human rights.
Conclusion:
. We are born with these rights that are present until our death. All the humans surviving on this planet are entitled to these rights. The reason why these rights are formed is to protect anyone who wants to harm or to violate someone. These human rights give people the freedom to live and to express themselves as to how they want to. Everyone deserves to be themselves and this is supported by human rights. Understanding characteristics of human rights is important because knowledge of it helps us to fight for our rights.
Related Topics:
- The Universal Declaration of Human Rights
- Civil Rights
- Political Rights
- Economic, Social, and Cultural Rights
- Right of Self-Determination