What Are Human Rights?: Person
What Are Human Rights?: Person
What Are Human Rights?: Person
Human rights are commonly understood as being those rights which are
inherent to the human being. The concept of human rights acknowledges
that every single human being is entitled to enjoy his or her human rights
without distinction as to race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.
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Human rights are legally guaranteed by human rights law, protecting individuals
and groups against actions which interfere with fundamental freedoms and
human dignity. They are expressed in treaties, customary international law,
bodies of principles and other sources of law. Human rights law places an
obligation on States to act in a particular way and prohibits States from engaging in specified activities.
However, the law does not establish human rights.
Human rights are inherent entitlements which come to every person as a consequence of being human.
Treaties and other sources of law generally serve
to protect formally the rights of individuals and groups against actions or abandonment of actions by
Governments which interfere with the enjoyment of
their human rights.
The following are some of the most important characteristics of human
rights:
v human rights are founded on respect for the dignity and worth of each
person;
v human rights are universal, meaning that they are applied equally and
without discrimination to all people;
v human rights are inalienable, in that no one can have his or her human
rights taken away other than in specific situations – for example, the right
to liberty can be restricted if a person is found guilty of a crime by a court
of law;
v human rights are indivisible, interrelated and interdependent, for the
reason that it is insufficient to respect some human rights and not others.
In practice, the violation of one right will often affect the respect of several other rights. All human rights
should therefore be seen as having
equal importance and of being equally essential to respect for the dignity
and worth of every person.
4. International Human Rights Law
The formal expression of inherent human rights is through international human
rights law. A series of international human rights treaties and other instruments have emerged since 1945
conferring legal form on inherent human
rights. The creation of the United Nations provided an ideal forum for the
development and adoption of international human rights instruments. Other
instruments have been adopted at a regional level reflecting the particular
human rights concerns of the region. Most States have also adopted constitutions and other laws which
formally protect basic human rights. Often the
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language used by States is drawn directly from the international human rights
instruments.
International human rights law consists mainly of treaties and customs as well
as, inter alia, declarations, guidelines and principles.