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INTERNATIONAL PERSPECTIVE OF HUMAN RIGHTS

INTERNATIONAL PERSPECTIVE OF HUMAN RIGHTS

The best civil lawyer in Delhi, the top civil lawyers in Noida and even the best Supreme Court lawyers in Delhi are seen laying great stress on human rights and their importance. Lawyers are even found giving free legal advice online and educating people about their rights especially human rights.

Human rights are said to be those fundamental and inalienable rights which every individual inhabiting in any part of the world is entitled to merely by the virtue of being born as humans. These rights are the basic and the natural rights which are essential for the adequate development of the human personality and for the happiness and progress of the human society. Human rights are unique in nature and fundamental to human existence, as a result, they cannot be taken away or abridged by the state. These rights are common rights which are shared by both men and women in the world. Human rights are not created by the legislation and therefore said to resemble natural rights. Also, these rights cannot be amended or modified. Human rights considered to have great importance in the development of the modern world.

Human rights have been protected internationally and the United Nations has played a huge role in ensuring the protection of these fundamental and inalienable rights. Protection of human rights under UN can be seen through the following:

1. United Nations Charted

2. Universal Declaration on Human Rights

3. International Covenant on Civil and Political Rights

4. International Covenant on Economic, Social and Cultural Rights

Human rights occupy a significant place in the Charter of the United Nation as the preamble of the Charter reaffirms faith in the fundamental human rights and the dignity and worth of the human persons in equal rights to men and women. The Charter provides that one of the purposes for which the United Nations was created was the protection of human rights. The charted also lays down that it shall be the duty of the general assembly to initiate studies and make recommendations for the realization of human rights.

The Universal Declaration on Human Rights was adopted by the general assembly on 10th December 1950. This declaration elucidates the UN Charter provisions and also defined certain human rights and fundamental freedoms.

Earlier it was regarded doubtful whether the provisions of the United Nations Charter create any binding legal obligation on the member nations with regards to human rights, apart from imposing a moral duty not to undermine these rights specifically with regards to their nationals. The UDHR expressly mentions various rights which are listed below:

1. All humans are born free and equal in dignity and rights: Article 1

2. Everyone is entitled to all rights and freedoms without distinction of any kind: Article 2

3. Right to life and liberty: Article 3

4. Prohibition of the slave trade: Article 4

5. Prohibition of torture: Article 5

6. Right to equality before the law and legal remedies: Article 6-11

7. Freedom of movement: Article 13

8. Right to seek asylum: Article 14

9. Right to nationality: Article 15

10. Right to own property: Article 17

11. Freedom of thought, conscience, and religion: Article 18

12. Freedom of opinion and expression: Article 19

13. Freedom of peaceful assembly: Article 20-21

14. Right to social security: Article 22

15. Right to work: Article 23

16. Right to education: Article 26

17. Right to enjoy arts and share in scientific achievement: Article 27

The declaration provides many other rights and freedoms. The rights and freedoms mentioned above are some of the most basic human rights enshrined under the declaration. The declaration was originally conceived of, as a statement of objectives to be achieved by the governments and as such, not a part of binding law. Though the declaration was not legally binding it has gained considerable authority as a general guide of fundamental rights and freedoms for the member nations. These rules of the declaration are said to have now achieved the status of customary international law.

The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights have also listed various human rights and played a huge role in glorifying human rights. But the rights listed under the covenants are not absolute rights and are subject to limitations.

suwaiba

suwaiba

Suwaiba Malik, BA LLB (Hons.) Graduated from University of Kashmir Department of Law. Presently working with LawzGrid a part of Karmasquare as an In-House Lawyer and a Content writer. It is well known that “ignorantia juris non excusat” meaning ignorance of law is no excuse. Following this rule, I desire to educate people about law and by writing various blogs and articles I aim at making legal knowledge easily available so that they become aware about their rights and liabilities.

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