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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.
