Introduction to Human rights
Human rights are rights we have simply because we exist as human beings -
they are not granted by any state. These universal rights are inherent to us all,
regardless of nationality, sex, national or ethnic origin, color, religion, language,
or any other status. They range from the most fundamental - the right to life - to
those that make life worth living, such as the rights to food, education, work,
health, and liberty.
Concepts of human rights
The principle of universality of human rights is the cornerstone of international
human rights law. This means that we are all equally entitled to our human
rights.
Human rights are inalienable. 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.
All human rights are indivisible and interdependent. This means that one set of
rights cannot be enjoyed fully without the other. For example, making progress
in civil and political rights makes it easier to exercise economic, social and
cultural rights. Similarly, violating economic, social and cultural rights can
negatively affect many other rights
Types of human rights (Social, economic, political, Civil, cultural)
Historically human rights are divided into three generations belongs to civil and
political rights and is primarily derived from the reformist theories of 17th and
18th century. Rights mentioned in the Articles 2-21 of Universal declaration of
Human Rights belong to these rights e.g. freedom from racial and equivalent
forms of discrimination; the right to life; liberty, and the security of the person;
freedom from slavery or involuntary servitudes; freedom from torture and from
cruel, inhuman, or degrading treatment or punishment etc.
These civil and political rights have got so much importance that most of the
states of the world have guaranteed these rights to their citizens in their
constitutions. Moreover, majority of international conventions and declarations
since World War II have adopted these rights.
The second generation of human rights belongs to economic, social, and cultural
rights and these rights got importance during early years of 19th century. The
rights mentioned in Articles 22-27 of the Universal Declaration of Human Rights
belong to this generation e.g. right to social security, right to work and to
protection against unemployment, right to education etc.
The third-generation rights got recognition during 20th century This generation
of Human Rights includes six claimed rights. Of these first three rights are
demands from the third world countries i.e. right to political, economic, social,
and cultural self-determination; the right to economic and social development,
and the right to participate in and benefit from ―the common heritage of
mankind‖. The other three rights are – the right to peace, the right to a healthy
and balanced environment and the right to humanitarian disaster relief
History of human rights
The origins of Human Rights are ideally pinpointed to the year 539 BC. When the
troops of Cyrus the Great conquered Babylon. Cyrus freed the slaves, declared
that all people had the right to choose their own religion, and established racial
equality. These and other principles were recorded on a baked-clay cylinder
known as the Cyrus Cylinder, whose provisions served as inspiration for the first
four Articles of the Universal Declaration of Human Rights.
Another cornerstone in Human Rights History is represented by the declaration
of the Magna Charta, signed by King John on June 15, 1215, under pressure from
his rebellious barons, which introduced a raw concept of “Rule of Law” and the
basic idea of defined rights and liberties to all persons, which offers protection
from arbitrary prosecution and incarceration. It provided the foundation for
individual rights in Anglo-American jurisprudence.
Sociological perspective of human rights
Sociological perspectives explore how human rights emerge, evolve, and
function within societies, often influenced by cultural, political, and economic
factors. These perspectives shed light on why certain rights are upheld or
violated and how power dynamics shape access to rights.
1. Functionalist Perspective: The functionalist perspective is primarily
associated with early sociologists such as Herbert Spencer, Émile Durkheim,
Talcott Parsons, and Robert K. Merton. Functionalists view human rights as
essential to maintaining social order and stability. They argue that rights and
laws promote cohesion by setting norms that protect individual dignity and
societal values. According to this view, human rights help societies function
smoothly by reducing conflict and promoting cooperation among diverse groups.
2. Symbolic Interactionism: This theory is attributed to early thinkers like
George Herbert Mead and later popularized by Herbert Blumer, who coined the
term "symbolic interactionism." This perspective focuses on the day-to-day
interpretation and interaction surrounding human rights. Symbolic interactionists
study how individuals and groups perceive, experience, and advocate for rights
in different social contexts. For example, rights movements (such as civil rights)
demonstrate how social interaction shapes and redefines what is accepted as a
human right within society.
3. Conflict School of Thought on Human Rights: Conflict theory, originally
developed by sociologists like Karl Marx, contends that society is characterized
by inequality and competition for limited resources. This perspective sees human
rights through the lens of power and oppression, suggesting that rights are often
unevenly distributed and heavily influenced by those with political and economic
power. Key points of the conflict perspective include:
1. Power and Inequality: According to conflict theorists, human rights are
often structured to favor the interests of the elite or ruling classes. For instance,
legal systems might protect property rights more than workers’ rights, benefiting
the wealthy at the expense of the working class.
2. Class Struggle and Oppression: Following Marx’s ideas, conflict theorists
argue that human rights abuses are tied to capitalist structures that exploit the
working class. They see violations of economic and social rights, like poor
working conditions and lack of healthcare, as outcomes of a system that
prioritizes profit over people.
3. Social Change through Struggle: Conflict theory posits that improvements
in human rights are achieved through the struggle of oppressed groups who
challenge existing power structures. Social movements, such as the labor and
civil rights movements, exemplify this. By resisting inequality and advocating for
change, marginalized groups strive for a more equitable distribution of rights.
4. Critical View on Universalism: Conflict theorists often criticize the idea of
universal human rights, arguing that what is considered a "right" can be
culturally and politically constructed by dominant groups. They emphasize the
need to understand rights within specific historical and social contexts and to
recognize that universal standards may not always address the needs or realities
of all groups.
In sum, the conflict perspective challenges the idealistic view of human rights as
purely protective and argues that the distribution of rights is influenced by
ongoing struggles for power and resources. It emphasizes the need for continual
activism and resistance to address structural inequalities in society.
Violation of human rights (cases in Pakistan 2023-24)
Human rights violations occur when individuals or groups are denied basic rights
and freedoms guaranteed under international law. These violations may be
committed by governments, armed groups, corporations, or individuals and can
range from outright violence to systemic discrimination. Key types of human
rights violations include:
1. Genocide and ethnic cleansing refer to the systematic extermination or
forced displacement of specific ethnic, religious, or cultural groups.
Historical instances of such atrocities include the Holocaust, the Rwandan
genocide, and the Bosnian genocide. Currently, there are alarming reports
suggesting that a genocide is unfolding in Palestine, particularly in Gaza.
2. Torture and Inhumane Treatment: This includes acts of torture, arbitrary
detention, and other forms of inhumane treatment, often used by
authoritarian regimes to suppress dissent.
3. Discrimination and Oppression: Systematic denial of rights based on race,
religion, gender, or social status. Examples include apartheid in South
Africa and caste-based discrimination in parts of South Asia.
4. Political Repression: Restrictions on freedoms of expression, assembly,
and the press, used to stifle opposition and maintain control. Examples
include the persecution of political dissidents and censorship.
5. Child Exploitation and Forced Labor: Violations include child labor, human
trafficking, and forced labor, which deny individuals the right to freedom,
dignity, and fair treatment.
6. Environmental Degradation and Rights to Health: Depriving communities
of clean air, water, and a healthy environment can also be considered
human rights violations, especially when linked to corporate activities or
state negligence.
Human rights organizations and commissions
1. Amnesty (London)
2. Human rights watch (New York)
3. International Committee of the Red Cross (Geneve)
4. International federation of human rights (Paris)
5. Refugees international (Washington DC)
6. International Labor Organization (Switzerland)
World war 2
Before the start of the war there were a number of countries, particularly
Germany and Japan, which were dictatorships – countries in which the people
had no say over the government. Those governments were both expansionist –
that is, they wanted to expand their own territories by taking over other
countries by force – and they were both ruthless in their treatment of those who
disagreed with them. In 1939, Germany’s policy of seizing other countries led to
war. Japan became involved in 1941. During the war there were millions of
soldiers and civilians killed or maimed. The Nazi Party that ran the government
of Germany created concentration and extermination camps for certain groups –
communists, gypsies, Jews, homosexuals and political opponents. Some were
used as slave labour under appalling conditions. Many were simply killed in mass
executions, by shooting or poison gas. Millions more died either from starvation,
disease or brutal beatings. The Japanese military government were equally brutal
to its opponents. Japanese troops tortured and executed millions of the
inhabitants of the countries they seized to ‘liberate’ from the European colonial
powers. They also took hundreds of thousands of captured troops, including
thousands of Australian soldiers, and worked them as slave labour, with no
medical treatment and inadequate food. Many men and women died in agony
under these conditions. The war ended in 1945 only after the destruction of
millions of homes and lives by fighting and bombing, including the use of atomic
weapons at Hiroshima and Nagasaki in Japan. Countries were left devastated.
Millions of people became homeless refugees. There was civil war and revolution
in many of the countries which had been freed from rule by European colonial
governments, but which had not been prepared for self-rule by their colonial
masters.
Universal declaration of human rights
The Universal Declaration of Human Rights (UDHR), adopted by the UN General
Assembly in 1948, was the first legal document to set out the fundamental
human rights to be universally protected.
United nations
In 1945, the United Nations was created, with a dream of securing peace and
justice in the world by international co-operation. Part of the Charter of the UN –
Article 55 – called for the establishment of a set of universally accepted and
observed basic human rights, so that people would never again have to go
through the abuses that they had just suffered during the second world war.
Minorities rights
The term minority as used in the United Nations human rights system usually
refers to national or ethnic, religious and linguistic minorities, pursuant to the
United Nations Minorities Declaration. All States have one or more minority
groups within their national territories, characterized by their own national,
ethnic, linguistic or religious identity, which differs from that of the majority
population.
Childrens rights
Every child is born with the same inalienable right to a healthy start in life, an
education, and a safe, secure childhood – all the basic opportunities that
translate into a productive and prosperous adulthood. But around the world,
millions of children are denied their rights and deprived of everything they need
to grow up healthy and strong – because of their place of birth or their family of
origin; because of their race, ethnicity, or gender; or because they live in poverty
or with a disability.
The Convention on the Rights of the Child defines a "child" as a person below the
age of 18, unless the relevant laws recognize an earlier age of majority. This was
intentional, as it was hoped that the Convention would provide protection and
rights to as large an age-group as possible.
In 1989, world leaders made a historic commitment to the world’s children by
adopting the United Nations Convention on the Rights of the Child. The
Convention explains who children are, all their rights, and the responsibilities of
governments. All the rights are connected, they are all equally important and
they cannot be taken away from children.
The Convention is the most rapidly and widely ratified international human rights
treaty in history. The Convention changed the way children are viewed and
treated – i.e., as human beings with a distinct set of rights instead of as passive
objects of care and charity. The unprecedented acceptance of the Convention
clearly shows a wide global commitment to advancing children’s rights.
