Human rights are fundamental to us simply because we are human beings. These rights embody the basic key values like equality, respect, fairness, and dignity. It is a significant way to ensure the protection of human beings, particularly the strata that are most vulnerable to neglect, abuse, and isolation. Above all, human rights allow us the freedom and power to speak for ourselves and stand against poor treatment from any opposing authority. 

How did basic human rights come into being? 

After the Second World War, numerous covenants and declarations started articulating human rights that would be accepted universally. All the countries agreed on the list of inalienable human rights for the first time in 1948. Following that, the UN General Assembly took up the Universal Declaration of Human Rights, commonly referred to as UDHR which is hailed as a milestone that has deeply influenced human rights law, developed subsequently. 

After around two decades, in 1966, the United Nations General Assembly took up two international treaties that have further aided the shaping of international human rights. They are the International Covenant on Civil and Political Rights and International Covenant on Economic Social and Cultural Rights. Together, these two are termed the international covenants, which together with the UDHR are instrumental in the creation of the International Bill of Human Rights. 

What are the basic human rights? 

As per the covenants of the United Nations, thirty human rights have been recognized and followed across the globe. It is important to understand the seven fundamental human rights:

1. The right to life

This right dictates that no person or entity, including the government in power, has the right to take anybody’s life. It also tells that it is the responsibility of the governing authority to take appropriate steps to protect the lives of the individuals by making suitable laws and also protecting people when their life is in danger. 

2. The right to settle and have family

It is the basic human right to marry and settle with a family. This particular right is closely associated with the right that ensures respect for the family as well as private life. 

3. The right to be considered equal in the eyes of the law

Every individual is endowed with the right to recognition as an individual before the law. All citizens have the right to experience their individual human rights without any kind of discrimination. Every individual is considered the same before the law and is bound by law to receive equal protection without any discrimination. 

4. The right to privacy

An important and effective way to protect human beings as well as society at large against all kinds of unjustified and arbitrary use of power is to reduce the amount of information that goes out to the general public. The right to privacy also protects us from people who are trying to exert control. 

5. The right to freedom of thought, religion, opinion, and expression

All individuals are given the right to choose their religion and conscience. And people can also change their beliefs or religion, and manifest his/ her belief and religion, in worship and observance. 

6. The right to work

This concept allows people to work or engage in any kind of employment and no power can prevent them from doing so. 

7. The right to receive education

Enjoying a civil life is impossible without receiving a basic education and this fundamental right is crucial for the all-round development of an individual. This right ensures that quality education is the right of all people without any sort of discrimination. It indicates free and compulsory primary school education for all children along with secondary schooling which includes technical training that the state should partly sponsor or provide for free. 

Why are human rights important? 

The Declaration of Human Rights was mainly due to the Holocaust and the impact of the Second World War. The most vulnerable sect of society during that period was the Jewish population which even included people with disabilities. Organizations today work towards ensuring that the vulnerable class of society is shielded against any kind of atrocities or abuse in place of neglecting them. 

Most importantly, human rights help people to make sure that their basic rights are met while encouraging freedom of speech. It also gives common people the power to stand against corruption and give equal work opportunities. Further, it protects the environment and offers an international standard that considers the government accountable for maintaining law and order within the state. 

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The general theoretical foundations of human rights and freedoms originate in the political and right-wing doctrines of antiquity. For example, the sophists (Antiphon, Lycophron, Alcidam) noted as early as the 5th-4th centuries B.C. that all people are equal by nature and have the same natural rights conditioned by it. This includes, first and foremost, freedom as the highest value of human life. The ancient Greek philosopher and statesman Cicero was one of the first theorists of natural law, who noted the political rights of the individual and the right of private property. At the same time, the exercise of political rights in antiquity was defined as the free expression of the will of the individual, whose legal capacity was determined by the presence of citizenship. Thus, the first legal form of human rights was the inalienable rights of a citizen of the ancient polis.

The legal status of man in society and the State during the Middle Ages was predetermined by divine law. Rights were interpreted as privileges granted by the monarch to his subjects. Their volume depended on a person’s belonging to a certain class or corporation and decreased as he went down the ladder of social hierarchy. During the early bourgeois revolutions of the 17th-18th centuries, the idea of natural law was revived.

The representatives of the natural law theory were J. Locke, H. Grotius, Montesquieu and Jefferson. They singled out as fundamental rights – the right to life, security, freedom, property, resistance to oppression. These rights are natural, i.e., inherent to a person from birth, whether or not they are written down in law, and inalienable, i.e., not dependent on the form of political structure, and the state has no right to alienate them, and sacred – they have priority, they must be the highest social value.

Historically, the first pieces of legislation on the rights and freedoms of citizens were the North American States Bill of Rights of 1791 and the U.S. Declaration of Independence of 1776. The declaration stated, “…all men are created equal and endowed by their Creator with certain inalienable rights, among which are life, liberty, and the pursuit of happiness. To secure these rights, governments are established by men, deriving their lawful authority from the consent of the governed.

The French Declaration of the Rights of Man and the Citizen of 1789 enshrined political and civil rights. In addition to the natural law approach to the understanding of human rights, the positivist approach is well known. For example, the natural legal concept is based on the denial of the role of the state as the subject of human rights, on the idea of their extra-state origin and independence from state recognition. Legal positivism, on the contrary, denies any non-state origin of human rights and assumes the principle of rational self-value. However, the diversity of concepts does not prevent the formation of a universal conception of human rights, the key point of which is respect for individual rights as a universally recognized principle of international law, according to which all states have an obligation to respect historically attained standards of human rights.

Human rights are relationships that define the place and role of the individual and citizen in society and the state, the nature of the individual’s realization of his/her capabilities and the limits set by the state, as well as the ways of ensuring and protecting these rights. At the same time, the legal status of the individual is determined by the presence of three groups of rights and freedoms, among which socio-economic, civil and political, and personal rights and freedoms are distinguished. Socio-economic rights, for example, define the position of the individual as a member of civil society and include the right to property, the right to work and the right to rest.

Political rights and freedoms are inherent to the individual as a member of the political community and include the right to vote, the right to information, freedom of speech, press, opinion, conscience, and the right to form unions and assemble. Personal rights and freedoms belong to the individual as a physical person and do not depend on citizenship. They include three groups of rights and freedoms, among which stand out rights and freedoms that protect against arbitrariness on the part of others and protect against arbitrariness on the part of the state. In particular, these include the right to life, inviolability of the person and home, resistance to violence, the right to liberty, as well as the secrecy of correspondence and freedom of movement.

The legal status of the individual also implies the institution of duties of citizens, which began to take shape after World War II. The traditional duties are: obedience to laws and other regulations, payment of taxes, and military service.

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What are “human rights”?
Human rights are what, according to moral norms, everyone living in the world is endowed with simply by virtue of being human. In seeking our rights, we tend to appeal to our own government from a moral point of view: this is not the way to do it, because it is an invasion of my morals and an affront to my personal dignity. No one, not man or government, can ever take our human rights away from us.

Where did they come from?
They came about because human beings have a moral and spiritual essence in addition to the physical. Human rights are needed to protect and preserve everyone’s humanity, to ensure that everyone has the life he or she deserves.

Why should anyone “have” to respect them?
First of all, because human nature includes a moral component. Most people, if it is pointed out to them that they are infringing on someone’s personal dignity, will try not to do so. As a rule, people do not want to hurt others. But now, beyond the moral sanctions of one’s own or others’ conscience, most countries in the world have laws that oblige governments to respect the basic rights of their citizens, even if they may not want to.

Who has human rights?
Absolutely everyone. Criminals, heads of state, children, men, women, Africans, Americans, Europeans, refugees, stateless people, the unemployed, workers, bankers, persons accused of terrorist acts, charity workers, teachers, ballet dancers, astronauts…

Even criminals and heads of state?
Absolutely everyone. Criminals and heads of state are human beings too. The power of human rights is that they recognize everyone as equal in terms of having human dignity. Someone may at times violate someone’s rights or become a threat to society, and so it may be necessary to limit the rights of such people in one way or another in order to protect the rights of others, but only within certain limits. These limits are defined as the minimum necessary to preserve human dignity.

Why do some groups need special human rights? Does it mean that they have more rights than other people?
No, it does not, but some groups, such as the Roma in Europe, the Dalits, and certain castes in India have been discriminated against in one society or another for so long that special measures were needed to ensure that they have the same standard of human rights as other people. It would be ridiculous to think that after years of entrenched discrimination and stereotypes, outright hatred and social barriers, it would be enough to simply grant them generally applicable rights, believing that this would be enough to ensure equality.

Why are we talking about people’s rights and not their responsibilities?
Although some philosophers and NGOs have put forward strong arguments for the need to define the measure of people’s responsibility and have even presented their “codes” and “declarations” in defense of this argument, the human rights community as a whole has remained silent on this debate. The reason is that many governments make the “bestowal” of rights conditional on certain duties imposed on people by a government or ruler, making the very idea of human rights inherently meaningless. And yet, of course, all of us – individuals and groups – must take the rights of others seriously, not abuse them, but respect them as our own. And in this light, Article 29 of the Universal Declaration of Human Rights recognizes that: “1. Everyone has duties to the community, in which alone the free and full development of his personality is possible. 2. 2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

Who monitors human rights?
We all have to watch for it. There are laws, both national and international, that limit governments’ freedom of action against their citizens, but if no one points out to them that they are violating international norms by their actions, governments can continue to violate with impunity. Each of us, as individuals, should not only respect the rights of others in our daily lives, but also keep a close eye on the actions of our governments and those of others. Rights protection systems exist so that we can all benefit from them.

How can I protect my rights?
Try to point out to others that your rights have been violated; demand that they be respected. Let the other party know that you know they have no right to treat you this way. Highlight relevant articles in the Universal Declaration of Human Rights, the Human Rights Convention or other international instruments. If relevant laws exist in your own country, cite them as well. Let others know what happened: put it in the press, write to your member of parliament and head of state, inform human rights NGOs. Ask them for advice. If possible, talk to a lawyer. Try to make the government aware of your actions. Let them know you are not going to back down. Demonstrate the support you can count on. Finally, if all else fails, you can go to court.

Who do I claim my rights from?
Almost all of the basic human rights listed in international agreements should be enforced by your government, or by government officials. Human rights protect your interests from government infringement, so you must demand them from the government or its representatives. If you believe your rights are being violated by, for example, your employer or neighbor, you cannot directly invoke international human rights laws unless your government has been obligated to take steps to prevent such actions by employers or neighbors.

Does anyone have an obligation to protect my rights?
Yes. A right is meaningless unless someone has a corresponding responsibility and duty. Everyone has a moral obligation not to infringe on your personal dignity, but your government, by signing international agreements, has not only a moral responsibility, but also a legal one.

Are human rights only a problem for non-democratic countries?
Even today there is no country in the world where all human rights are fully respected. In some countries violations may occur more frequently than in others, affecting a larger or smaller proportion of the population, but every violation, even a single one, is a problem that should not arise and should be dealt with. A person whose rights have been violated in a country with an established democracy can hardly be relieved that his country’s overall human rights record is better than that of the rest of the world.

Have we made progress in combating human rights abuses?
Much progress – even if it sometimes seems like a drop in the ocean. Think of the abolition of slavery, the enfranchisement of women, the countries that abolished the death penalty, the release of prisoners of conscience through international pressure, the collapse of the apartheid regime in South Africa, the cases before the European Court and the laws changed as a result. Think about the fact that the gradual development of a culture of international communication means that even the most authoritarian regimes today have to reckon with human rights if they want to be accepted on the international stage. Many positive results have been achieved, especially in the last 50 years, but much more remains to be done.

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Human rights are the inalienable possession of all human beings, without distinction of any kind on the basis of race, color, sex, language, religion, national or social origin, or any other aspect. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many others. These rights should be enjoyed by all human beings, without discrimination of any kind.

International Human Rights Law
International human rights law defines the legal obligations of states to act or refrain from acting in certain ways to promote and protect the human rights and fundamental freedoms of individuals or groups.

One of the most important achievements of the United Nations is the creation of a comprehensive body of human rights law, a universal and internationally protected code to which any state may accede and to which all persons aspire. The Organization has defined a wide range of internationally recognized rights, including civil, cultural, economic, political and social rights. It has also established mechanisms to promote and protect these rights and to assist states in fulfilling their obligations.

The foundation of this body of law is the UN Charter and the Universal Declaration of Human Rights, adopted by the General Assembly in 1945 and 1948, respectively. Since then, the UN has progressively expanded human rights law to include specific rules for women, children, persons with disabilities, minorities, and other vulnerable groups, who now have rights that protect them from discrimination that have long existed in many societies.

Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a fundamental document of historical importance. The text of the Declaration was the result of a close collaboration of legal experts from all regions of the world. The Declaration was adopted by United Nations General Assembly resolution 217 A (III) in Paris on 10 December 1948, as a document whose principles all peoples and nations are bound to uphold. It defined, for the first time in human history, basic human rights that needed to be protected at the international level.

Since its adoption in 1948, the Declaration has been translated into more than 500 languages, becoming the most translated document in the world, and has served as a benchmark for the constitutions of many newly independent states and many young democracies. Together with the International Covenant on Civil and Political Rights and its two Optional Protocols (on a complaints procedure and on the death penalty) and the International Covenant on Economic, Social and Cultural Rights, these three instruments constitute the so-called International Bill of Human Rights.

Economic, social and cultural rights
The International Covenant on Economic, Social and Cultural Rights entered into force in 1976. The human rights the Covenant seeks to promote and enforce include, but are not limited to:

The right of everyone to just and favorable conditions of work;
the right of everyone to social security, the right to an adequate standard of living and the right to the highest attainable standard of physical and mental health;
the right to education, the right to participate in cultural life, and the right to enjoy the benefits of scientific progress.
Civil and political rights
The International Covenant on Civil and Political Rights and its first Optional Protocol entered into force in 1976. The Second Optional Protocol was adopted in 1989.

The Covenant recognizes the right to freedom of movement; equality before the law; a fair and public trial; freedom of thought, conscience and religion; freedom of opinion and expression; peaceful assembly; freedom of association with others; participation in public affairs; and minority rights. It prohibits arbitrary deprivation of life; torture and cruel, inhuman or degrading treatment or punishment; slavery and forced labor; arbitrary arrest and detention; arbitrary interference with privacy; propaganda for war; discrimination; and incitement to racial or religious hatred.

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A number of international human rights treaties and other instruments adopted since 1945 have expanded international human rights law. These include the Convention on the Prevention and Punishment of the Crime of Genocide (1948), the International Convention on the Elimination of All Forms of Racial Discrimination (1965), the Convention on the Elimination of All Forms of Discrimination against Women (1979), the Convention on the Rights of the Child (1989), the Convention on the Rights of Persons with Disabilities (2006) and others.

Human Rights Council
The Human Rights Council, established on 15 March 2006 by the General Assembly and reporting directly to it, replaced the 60-year-old UN Commission on Human Rights as the key UN intergovernmental body responsible for human rights. The Council, composed of representatives from 47 member states, works to strengthen the promotion and protection of human rights around the world, addresses situations of human rights violations and makes recommendations, and responds to human rights emergencies.

The most innovative mechanism of the Human Rights Council is the Universal Periodic Review (UPR). Through this unique mechanism, all 193 UN member states are reviewed every four years. As a cooperative process led by Member States, the UPR is conducted under the auspices of the Council and provides an opportunity for each State to report on the measures it has taken and the problems it needs to address to improve its human rights situation and fulfill its international obligations. The UPR is designed to guarantee the principles of universality and equal treatment for each country.

UN High Commissioner for Human Rights
The UN High Commissioner for Human Rights has primary responsibility for carrying out human rights activities throughout the UN system. Under her mandate, the High Commissioner responds to cases of human rights violations and takes preventive measures.

The Office of the High Commissioner for Human Rights (OHCHR) coordinates UN human rights efforts. The OHCHR serves as the secretariat of the Human Rights Council, the treaty bodies (committees of experts that monitor implementation of the core international human rights treaties), and other UN human rights bodies. It also ensures human rights activities in the field.

For the core international human rights treaties, there are supervisory bodies that monitor the implementation of the relevant treaties by the states that have ratified them. Individuals whose rights have been violated can submit a complaint directly to the relevant committee.

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