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Human Rights are complex and contested social practice that organises relations between individuals, society and the State. Comment. (UPSC CSE Mains 2022 - Political Science and International Relations, Paper 1)
The idea of human rights connotes fundamental and inalienable rights which are so essential to life as human beings. Human rights are referred to fundamental in the absence of which one cannot live as human being. Human Rights define relationships between individuals and power structures, especially the State. Human rights delimit State power and, at the same time, require States to take positive measures ensuring an environment that enables all people to enjoy their human rights. History in the last 250 years has been shaped by the struggle to create such an environment. Starting with the French and American revolutions in the late eighteenth century, the idea of human rights has driven many a revolutionary movement for empowerment and for control over the wielders of power, governments in particular.
Human rights mean five key things-
1. Rights those are inherent in and integral to every human being by the fact of one’s birth.
2. Rights are basic for human life and its development.
3. Human rights presume the existence of these social conditions in which they can be exercised,
4. Human rights are those which every civilized state ought to incorporate in its constitution and laws as the recognition of basic human needs and demands.
5. Regarding human rights ‘Dignity’ is the key word.
Human rights are legally guaranteed by human rights law, protecting individuals and groups against actions which interfere with fundamental freedoms and human dignity. They are expressed in treaties, customary international law, bodies of principles and other sources of law. Human rights law places an obligation on States to act in a particular way and prohibits States from engaging in specified activities. However, the law does not establish human rights. Human rights are inherent entitlements which come to every person as a consequence of being human. Treaties and other sources of law generally serve to protect formally the rights of individuals and groups against actions or abandonment of actions by Governments which interfere with the enjoyment of their human rights.
The concept of Human rights, though central to political science is poorly understood. There is no agreement on its meaning, nature, and content. It is a concept very much contested not only between East (representing former socialist states) and West (representing liberal - democratic states) but also between developed and developing countries. Each group of nations has a different perception of human rights.
Equal dignity of all persons is the central concept of all human rights. These rights have been designated to be universal in application, inalienable in exercise and inherent to all persons. Human beings are entitled to some basic and natural rights otherwise their life would be meaningless. Human rights are those minimal rights which are available to every human being without distinction of language, religion, caste, nationality, sex, social and economic conditions of the society.
Human rights are on the increasing demands of the mankind for a life in which the inherent dignity and worth of each human being will receive respect and protection. These rights enable individuals to fully use their intelligence, talents and conscience to satisfy spiritual and other needs.
The features of human rights are they are universal incontrovertible and subjective. Human rights are universal means they belong to each of us regardless of ethnicity, race, gender, sexuality, age, religion, political conviction or type of government. They are incontrovertible means they are absolute and innate. Human rights are subjective means they are properties of individual subjects who possess them because of their capacity of rationality, agency and autonomy. The notion of universality has been criticized for its blindness towards the issues of cultural differences. When human rights are guaranteed by a written constitution they are known as fundamental rights because a written constitution is the fundamental law of the state.
The idea of “rights” and “duties” of citizens is as old as the concept of the state. Many important events and revolutions contributed towards the development of human rights. First, the earliest charters of human rights are to be found among the three British constitutional documents, namely, the Magna Carta (1215), the Petition of Rights (1628) and the Bill of Rights (1689). These three documents were the forerunners of the modern bills of rights.
In 1948 it adopted the Universal Declaration of Human Rights, which included both civil-political and economic-social rights in a single document. Since the Universal Declaration was not a legally binding instrument, the UN subsequently adopted two covenants in 1966 (one on civil and political rights and the other on economic, social and cultural rights). These covenants are legally binding on ratifying states. It must be noted that the Universal Declaration and the two covenants constitute what is popularly known as the International Bill of Rights. Thus human rights have been internationalised and they are available to every human being wherever he lives.
Karel Vasak, a distinguished and very well-known human rights scholar, introduced the idea of three generations of human rights, which allows us to understand the types and evolution of human rights better. The first generation of human rights is civil and political rights. The second generation of human rights includes economic, social and cultural rights and the third generation of human rights are called solidarity rights.
The point of a fourth generation of human rights is to protect human life also in the presence of new kinds of intelligence. “The fourth generation of human rights” is defined as “the right to harmony,” “the right to a beautiful life,” or “digital rights.”
Human rights have been interpreted by different communities and countries in different ways. As history took form over time, human rights have also gained new meanings and definitions. The notion of human rights has also been challenged at times. Major incidents have given rise to big debates surrounding the rights, the latest one being the revoking of the Right to Abortion that rested with American women before the Dobbs vs Jackson Women''s Health Organization (2022) happened.