UNIT I
BASIC CONCEPTS
       This Unit will briefly introduce the basic concepts of values and the linkage that they have
with human rights. These conceptual perspectives play a significant role for the promotion and
realization of human rights in any society. Values help to crystallize any legal action, and play a
very important role in the development of a society. The strict adherence of each of these values
not only helps in the realization of human rights but to establish the concept of one world as
envisaged by international law. This unit focuses in without much debate and discussion on the
theoretical perspective, the meaning of each one of the value. It briefly, highlights the significance
of human rights education. However, some of the concepts are dealt in detail in Unit II, while
explaining the origin and concept of right to the extent necessary.
Significance of Value
      Value in general is a part of philosophy. Philosophy is one of the basic subjects
which deals with the basic problems of mankind. In its discourse, it deals with issues
such as existence, knowledge, values, reasons, mind, and language. It's theoretical
perspective developed by various theoreticians mainly based on a rational approach
with critical outlook. Basing on the parameters of value, a number of other aspects
developed to regulate the behavioral patterns of man. These values such as dignity,
liberty, equality justice, ethics, and morals et.al., have had their significant impact to
shape the human relations in a society. These philosophical concepts have a profound
impact on law.
       The main aim and function of Law in any society is to regulate the relations
between men and to alleviate the intensity of conflicts to promote peace, security, good
and orderly behaviour of mankind to establish a conflict free society. This being the
main function of law, it absorbs all the essential tools from every field of study with a
critical outlook. This in turn will help to analyse each issue and lay norms to develop a
rational human mind to achieve maximum results in their inter-relationships with
each other. Since the concept of right and its exercise and regulation centered round
basing on a number of values developed from ancient to modern times, they have had a
great impact in the realization, promotion, and protection of human rights. In view of
the linkage and importance that values play a significant role in the promotion and
realization of human rights; the different concepts of values are examined in brief.
                                                  1
Human Values
      "The value concept… [is] able to unify the apparently diverse interests of all the sciences
concerned with human behavior."……Rokeach.
        The above view of the psychologist makes it clear, the concept of value and its
relationship with the behavioural pattern of individuals in a society. In general, we
think of values that are commonly followed by us in day to day life. These values vary
from person to person, depending on their experiences and circumstances in which
they grow. However, there are certain basic values which are common to all. They are
life, liberty, security, freedom, and success, security to life, kindness, pain and pleasure.
Depending on the circumstances, which each person grow up considers which value is
important to him. But adhering to values which are common to all, in the longer run
develop a society to establish peace for the progressive all round development of all the
sections of a society. This will help to learn to live with unity in diversity.
      According to a number of scholars, conceptually values are beliefs which are
subjective in their exercise by each individual. Values motivate people to achieve their
goals. Values transcend time and territory and develop relationships and regulate the
behavioral patterns of individuals.
       These being the central aspects of values, a number of scholars identified ten
basic values, which motivate and regulate the behavior of human beings in achieving
their goals. They are :
Self-destruction, which promotes an independent thought which results in a
m
      judicious decision making process in creating or exploring the goal.
Stimulation creates excitement, novelty and challenges in life.
m
Hedonism (Self Satisfaction) brings in pleasure and sensuous gratification for
m
      oneself.
Achievement demonstrates, the competence of individuals according to the
m
      standards of society.
Power brings in social status and prestige, control over people, and resources.
m
Security brings in harmonious relationship between individuals, to guide the
m
      society to establish a compatible environment for people to lead a life with
      pleasure and groom their freedoms.
Conformity to social standards mainly regulates the behaviour of individuals,
m
                                               2
                                                     Introduction to Human Rights & Duties
      and prevent the wrong doing activities by individuals to themselves, and towards
      one another in the society.
Tradition promotes the qualities of respect to the practices that are inherent in
m
      society.
Religion promotes the innovation of knowledge and furtherance of values to the
m
      achievement of peace and security. It teaches a happy sharing of the benefits that
      are derived through the promotion of knowledge.
Benevolence establishes the belief, and enhances the qualities of welfare to
m
      promote the interests of the individuals with whom each one interacts in their
      day to day activities.
Lastly, universalism promotes the qualities of understanding, appreciation,
m
      tolerance, and protection for the welfare of people. It takes care of developing
      harmonious living, and to work for the benefit of advancement of scientific
      knowledge, and to share the resources equally.
     The philosophy of human rights is similar with that of the above values.
Therefore, values are one of the basic aspects of human rights. The strict adherence of
human rights restores not only to values, but also in turn able to achieve peace, security
and harmonious living community without any kind of discrimination that exist
between individuals and nation-states.
Dignity
      Dignity is another value that regulates the behaviour of individuals. Dignity is a
relative term with regulatory nature. It prescribes the norms and ethical standards
needs to be followed and adopted.
       In the day to day inter-relationships, individuals are expected to behave with one
another in a dignified and honest manner. This concept dictates that every one of us
has to exercise due caution and care in our relations without undermining the
capacities of other persons. Further, it teaches us not to create a situation wherein
others are made to undergo either emotional, psychological, physical, tense situations,
or to harm their personality.
      Since dignity plays a vital role, in regulating the human relations and for the
furtherance of human rights, (especially, the basic rights of liberty, equality, and
freedom), the Universal Declaration of Human Rights (UDHR), in no uncertain terms
                                            3
declared that all individuals are equal in the eye of law. All are deserves to be treated
with utmost respect without harming the dignity of others at all times. If people across
the world follow the ethical norm of dignity without any deviance, the realisation of
right would be easy. This fundamental norm applies to individuals and States to follow
with strict adherence. In the modern context though a number of conventions,
covenants, and declarations have been adopted in the international arena, to promote
human rights on the concept of dignity. The lack of adherence by individuals and
nation-states brought in untold sorrow, and miseries to mankind. The non adherence
to ethical values, especially, indecent behaviour of individuals at times, posing a
number of problems in the contemporary era. This in turn has an effect in the
promotion and realisation of human rights.
Liberty
       Liberty is another concept which play a vital role in the promotion of human
rights. Liberty is an ancient concept. This concept has its roots in the political
philosophy. A number of philosophers like, Hobbes, Locke, Rousseau, and many
more have articulated Liberty in different contexts. In simple terms, liberty means,
human beings are free to regulate their relations, and are able to govern their relations,
behave at their own will, and be responsible for their acts. The concept of liberty is
centred around responsibility or duty. Basing on the acts performed by individuals,
liberty can be enjoyed or achieved. If the acts are bad or performed with an intention
to defray anybody or deprive them of their legal claims, they not only affect the rights
of others, but also of their own in the long run. This in turn will have an effect on the
realisation of their rights.
      The concept of liberty is the basics for the development of a right. According to
Hobbes, every individual is empowered to enjoy their freedoms freely without the
interference of any other person. In his social contract theory, he argued that the divine
will of kings to regulate the relations and to restrict the freedoms of individuals is
antithesis to liberty of individuals. The enlightenment of liberty by various political
and legal philosophers, led to a number of political revolutions across the world. This
in turn led to establish democratic societies on the basis of liberty of individuals to
choose their leaders.
      In the contemporary era, the excessive arguments for liberty, and its
indiscriminate exercise without strict adherence to duty by individuals in their
                                            4
                                                     Introduction to Human Rights & Duties
numerous acts, again resulted in bringing miseries to the world. In order to resolve the
problems and to provide a problemfree world, the UN took a number of legal steps for
the promotion of human rights. The aim of these acts of UN is to regulate the
behaviour of the mankind and to guide them to discharge their duties to uplift the
moral and ethical values. This in turn will help to restore liberty in its true sense and
makes individuals to be happy for their legal and justified actions.
      Apart from the above, it is the duty of
nation-states also to adhere to the principles
of international law and human rights in
their relations, respecting the concept of
liberty of the other nations and their citizens.
The Strict adherence to liberty and practice
of self restraint alone would yield the
desired results in protecting the rights of
every citizen as guaranteed by law.
Equality
      Equality is another important component of human rights. From ancient to
modern times, people are fighting to achieve this in terms of its practical application to
each situation. In general, equality proposes to bring all the people into one category,
and apply the principles of law, and justice without any distinction, whatsoever it may
be among the individuals. Equality is a relative concept which may be distinguished
basing on a number of factors, and the enjoyment of rights on an equal footing. The
aim of the Universal Declaration of Human Rights and the Constitutions of the
various countries including India are to treat all the people on an equal footing without
any kind of discrimination. This may be referred to formal equality, wherein in the
eyes of law all are equal.
      Although, all people are numerically considered as equal in the eyes of law, in
providing the amenities or distribution of resources, all may not be considered or
treated as equal in reality. This is because of the socio, economic, political and cultural
conditions that prevail in each society. In order to uplift the people who are not equal
on any ground specified above, they need to be given certain concessions and facilities
to improve their status and to reach the equal status with that of others who are on a
high pedestal.
                                             5
       To achieve the rigour of equality and to
fill the gap especially on socio-economic, and
cultural g rounds, the principles of
international law of human rights provides for
the necessary concessions to be extended, to
people at the national level by states. This will
result in to achieve the status of equality of all
in the eye of law. Once they achieve the equal
status in all respects, the concessions extended
to specific group of people to uplift their status, may be withdrawn by the state. The
same principle applies to states at the International level. Accordingly the developed
states need to extend concessions to the developing states.
Justice
                                Justice in simple terms may be defined as righteousness,
                         fair and to be treated on just and equitable grounds. Justice is an
                         important concept which has attracted a number of fields
                         especially, law and philosophy. To achieve absolute justice,
                         scholars have prescribed a number of factors. Basing on the
                         various factors that are relevant to each society, and to fill the
                         gap between unequals and equals, from ancient to modern
                         times, a number of scholars have advocated various theories to
                         achieve the concept of justice. In order to measure the concept
of Justice, a number of tools are required. To achieve perfect justice, it lays its emphasis
on concepts of equality, morality and ethics. The aim of human rights is to provide
such stable conditions to everyone by the states, which alone could help to achieve the
rights in a justiciable manner. According to Plato, Justice being the highest value, and
to attain it, an individual has to be provided with all the necessary conditions to realise
the right, and to discharge his duties towards society. It again lay emphasis on the
actors and the state as well to discharge every single obligation with devotion of duty
and respect for other values.
                                             6
                                                   Introduction to Human Rights & Duties
Ethics and Morals
       Ethics and Morals are considered as equal concepts. However, there exists a
subtle difference between these two. Morals deal with the personal character of an
individual. On the other hand, Ethics lays its importance on a social system, which
regulates the code of conduct of a group of individuals. In other words, the morals
need to be applied in each society depending on the values that are acceptable by a
society. From the perspective of human rights, the concept of freedom and liberty
being basic principles forms part of moral principles. The concept of Justice, Equality
and the participation of individuals in the socio-cultural aspects of the community are
ethical aspects. Accordingly, every human being in a society is responsible at all times
to strive to achieve human rights as a moral or ethical subject of society.
     Value is the central issue of ethics. Ethics is a normative science of human
conduct in society, which differentiates between right and wrong, good or bad, proper
or improper. The standard, which makes one to differentiate good from bad or right
from wrong, is a value. Ethics with reference to human rights presupposes freedom as a
necessary pre-condition. A free man can take his decision of action and such a decision
can be evaluated as good or bad, right or wrong, proper or improper. Goodness is the
highest of value. Goodness is objective, universal and rational. Some basic values are:
courage, tolerance, benevolence, kindness and friendship. Values are instrumental or
absolute, intrinsic or extrinsic.
      Values provide a standard to decide that an action is good. The basic issues of
ethics/moral philosophy are: freedom, duty, rights, responsibility, happiness and
goodness. Values are based on common or social consent. They are shared by all in the
society.
      The above brief discussion of the various concepts, highlight the significance
that human rights can never be achieved in toto until and unless, we the people of the
United Nations (which includes the nation-states), discharge the responsibilities with
utmost sincerity. This in turn enables us to achieve, universalization of human rights
without any kind of deviation to race, sex, language, religion, region, etc. This leads
one to learn how to live in a diversified world, more particularly in the contemporary
era of fourth phase of globalization, wherein the concept of unity in diversity assumes
greater significance than in yester years.
                                           7
Unity in Diversity
        Unity in diversity in general means, people of different backgrounds basing on
their socio-economical, politico-cultural perspectives have to live like a single family.
This means, the different faiths and characters that people posses have to live in a
compatible manner under a single legal roof governed by a State. The same is
applicable to people around the world, and the nation-states learn to live as one
community. This being the main aim of international law to establish a one world
concept, it had given birth to human rights. Its aim is to achieve, the aspirations of
profoundly divided humanity by setting a common standard of norms for all people
and all nations. To accomplish the one world concept, the mankind has a responsibility
to learn to live harmoniously. Further, it will enable us to achieve the basic tenets of
life, liberty, equality, dignity and freedom of thought and expression with due care and
caution to promote the rights of all the people living in different political systems. This
will in turn enable us to claim legitimately the protection extended by human rights.
And, to justify the existence of man as a human kind living under different political
regions. It will help further, to establish the fundamental goal of United Nations to
resolve innumerable problems that are
haunting us both nationally and
internationally. Nearer home, the concept
of 'vasudhaiva kutumbakam', in the Indian
context advocates the same ideology of
living together of mankind with values and
morals, which alone ultimately establish a
conflict free society.
Meaning and Significance of Human Rights Education
      Education should encompass values such as peace, non-discrimination, equality,
justice, non-violence, tolerance, to live in peace and security and respect for human
dignity. These objectives can be achieved only through imparting human rights
education, which is an integral part of right to education. Human Rights and Duties
Education helps in achieving a comprehensive growth of every society.
     According to the UN decade document for human rights education (1995-2004),
human rights education means, “a lifelong process by which people at all levels of
development and in all strata of society learn respect for the dignity of others and
the means and methods of ensuring that respect in all societies.”
                                            8
                                                     Introduction to Human Rights & Duties
       From the above definition, it is clear that people living in any society have to
discharge their duties with utmost sincerity at all times without any deviation. Such
practices will promote the freedoms of all and could transform a society to achieve its
objectives. This being the concern of human rights education, impartation of it results
in, to achieving the principles of democracy, rule of law, and social justice. Further, it
will help to establish peace and security. It further enables us to achieve an all round
socio-economic, political, and cultural sustainability.
Objectives of Human Rights Education
Human Rights Education promotes respect for human rights of all individuals.
m
It develops the knowledge, skills, and values of human rights.
m
It develops the socio-psychological, human personality.
m
It helps people and policy makers to evolve the ways and means to overcome the
m
      problems of each nation and that of the International Community.
It helps to foster understanding, tolerance, gender equality and
m
Develops friendship among all nations and eliminates racial, ethnic, religious,
m
      and linguistic differences.
      A number of models are developed to impart the above values of human rights
education. Among the various models, the following three considered as the vital ones,
to achieve the aims and objectives of human rights.
      1.    Values and Awareness Model: This model focuses on transmitting basic
            knowledge of human rights and to foster the integration into public values
            through a curriculum of educational institutions.
      2.    Accountability Model: This model focuses on the ways in which
            professional responsibilities to inculcate directly monitoring human rights
            violations and advocating the authorities to protect the rights of the people.
      3.    Transformational Model: This model aims to empower the individuals in
            order to recognize the abuses of human rights and their prevention.
      These being the core concepts of human rights education, the UN has framed
guidelines to propagate human rights through various methods and means both in the
International and the National levels.
Summary:
                                            9
Value being an important aspect of life, it forms part of Law and Society. Value
¦
     being a central point regulates the relations between individuals; scholars have
     identified number of points. By adhering to these points, an individual can
     achieve the goals in life.
Dignity being another aspect of value regulates the behaviour of individuals.
¦
     The human relations and the exercise of human rights depend on the dignity, is
     the most important aspect in the basic rights of liberty, equality and freedom.
     The entire human rights law has been developed basing on these aspects.
Liberty is another important concept. According to various scholars, duty alone
¦
     protects the concept of liberty. It is this concept that has given a basis for right. If
     liberty is not exercised properly, it will result in upsetting the applecart of rights.
Equality is an important component of human rights. Equality proposes to bring
¦
     in all people under one category. Any kind of inequalities are in existence, it is for
     the States to eliminate them through a legal mechanism. This will result into a
     classless society.
The aim of human rights is to do justice to every individual. In order to achieve
¦
     perfect justice, all the qualities of human kind and the values need to be followed
     by every individual to achieve the realistic concept of justice.
Ethics deals with personal character of individuals. Morals lay emphasis on the
¦
     social system. The strict adherence of ethical practices alone makes a society
     healthy which in turn could help the people to realise their human rights.
There exist a number of differences between various individuals in a society.
¦
     However, obedience to human rights will result in living together with unity in
     diversity among the individuals. The outcome of it will bridge the gap between
     nation-states and to establish the concept of one world.
Human Rights Education teaches us the practice of various values to be adhered.
¦
     At the same time, the knowledge of it, transforms individuals accountable for
     their acts either at personal level or societal level. The knowledge of human
     rights would also lead us to establish an orderly, peaceful, and friendly society
     both at the international and national spheres.
                                            10
                                                   Introduction to Human Rights & Duties
Model Questions
Write only one Word answer to the questions
1.   Which subject in general deals with values?
     (A) Philosophy
2.   What does dignity conveys?
     (A) A Decent behaviour
3.   Which concept gave the basis for right?
     (A)   Liberty
4.   Ethics deals with what aspect ?
     (A) Personal character
5.   Human Rights Education is………….
     (A) life Long Process
Multiple Choice Questions
1.   What does Unity in Diversity exactly means?
     (A)Single family (B) living together with differences (C) a place for everyone
     (D) living together with respect to every one's recognised dignified practices
2.   What is advocated by Ethical Values?
     (A)Social system (B) compassionate living (C) Devotional living (D) Rule
     making
3.   What is the main aim of Human Rights?
     (A) To teach Morals and ethics (B) to develop friendly relations (C) to make
     people sensible (D) to establish peace, security and one world
4.   Values Model is part of which of the basic concept?
     (A) Dignity (B) Human Rights Education (C) Liberty (D) Justice
Answer : (1) D       (2) A         (3) D           (4) B
                                        11