Grade 12- General Studies

Human Rights
 Every year Human right day is celebrated on 10th December. It commemorates the adoption
of the Universal Declaration of Human rights by the United Nation General Assembly in
1948. The 2022 Theme of Human Rights Day is Dignity, Freedom, and Justice for All.
 India was one of the participatory members of this declaration.
 It focuses upon the protection of Fundamental rights and liberties of the people across the
world. This right is available to each and every individual transcending the boundaries of the
nation, ethnicity, race etc.

What do Rights mean?

Rights are those claims and demands of an individual or group of individuals to good life which are
accepted by the community or society as essential for the common good and recognized by the
State. In other words, rights are also those essential factors without which human life cannot sustain

What are Human Rights?

Human rights, as the term is most commonly used, are basic entitlements bestowed upon each and
every human being by virtue of birth. The underlying idea of such rights is to ensure that all men,
women and children are treated with respect and dignity. For example, as human beings, it is our
birthright that all of us should be given equal treatment and should not be discriminated on any
account due to differences of religion, caste, class, colour, gender or anything else either by the
State or the community or for that matter the family. This is because each person is special with
their own individual talents and abilities and none are inferior or superior to each other. Likewise, it
is our birthright to have access to opportunities, whereby we can develop to our fullest potential and
achieve all that we aspire to become. These rights include the right to life, freedom and justice.
These rights guarantee our dignity as human beings. It is precisely for these reasons that human
rights are sometimes called ‘natural rights’.

Characteristics of human rights:

 Universality and inalienability: Human rights are universal as well as inalienable. These are
the rights that are available to the individual to the individual by the virtue of the fact that
they are human beings.
 Indivisibility: Human rights are indivisible. Whether civil, political, economic, social or
cultural in nature, they are all inherent to the dignity of every human person.
 Inter-dependence and inter-relatedness: For instance, the realisation of the right to health
may depend on the realisation of the right to education or of the right to information.
 Equality and non-discrimination: All individuals are equal as human beings and by virtue of
the inherent dignity of each human person. All human beings are entitled to their human
rights without discrimination of any kind, such as race, color, sex, ethnicity

Human Rights and Duties:

Each one of us are bound or obliged to do certain things which arise out of a sense of duty, custom
or law. Rights and duties go hand in hand. If one enjoys certain rights, then one automatically
realizes that there are some affiliated duties. Rights and duties cannot be present without the other.
For example, let’s take the right of freedom of speech. Though you as a student have the freedom of
speech would you be able to talk in any manner to your teacher. Would you not have to talk
respectfully or in the least not be rude when you are talking to your teacher? Though your teacher
may welcome your queries, you would have to abide by your duty and ensure there is no slander or
libel in your behavior. Similarly, every citizen has the obligation or duty to regard the constitution of
the country as well as the principles and regulations established through it. They are indebted to
conserve and shield public property from harm.

Difference between the Fundamental rights and the Human rights:

 Fundamental rights are the rights of a country’s citizens that are stated in the constitution
and enforced by the law. Human rights, on the other hand, are the safeguards that a human
being seeks in order to live in dignity and equality.
 Human rights, include certain rights that are fundamental to real life and that are
unconditional, i.e. that cannot be excluded. On the other hand, fundamental rights only
include certain rights that are fundamental to a normal existence.
 While fundamental rights are nation-specific, i.e. these rights may differ from country to
country. There is a worldwide recognition of human rights, which ensures that these rights
are enjoyed by all individuals.
 Fundamental rights are extracted from a free society’s opinions. Human liberties, on the
other hand, derive from the ideas of civilised countries.

Need for Human Rights

The need for a charter of Human Rights Human Rights cannot be different for different individuals,
states, and countries. Thus, a charter of Human Rights applicable for all and accepted by everyone is
needed to:
1. assure equal human rights for all human beings.
2. promote the idea of peaceful coexistence within the country and among various countries of the
world.
3. protect and acknowledge rights.
4. encourage the Government to make policies and laws for fulfillment of human rights.
5. establish a peaceful environment for the development of human life and harmonious existence of
all mankind.
6. promote human right & above all national or international politics and discretionary government
decisions.
7. inculcate the values of respect for human rights, amongst the victorious nations of wars so as to
focus on environmental issues.

There are six fundamental rights enshrined in the Indian Constitution.

• Right to Equality
• Right to Freedom
• Right against Exploitation
• Right to Freedom of Religion
• Cultural and Educational Rights
• Right to Constitutional Remedies

Social or Civil Human Rights

Each one of us is entitled to:
a. Right to life, liberty and security
b. Right to freedom from slavery and servitude
c. Right to freedom from torture or cruel, inhuman or degrading treatment or punishment
d. Right to freedom from arbitrary interference with privacy, family, home or correspondence
e. Right to marry and have family and right to property
Political Human Right
To take part in political processes, each one of us is entitled to:
a. Right to nationality
b. Right to equality before the law and equal protection of law
c. Right to judicial remedies, fair trial and freedom from arbitrary arrest, detention or exile
d. Right to freedom of thought, expression, belief, faith, conscience and religion
e. Right to freedom of peaceful assembly and association
f. Right to take part in government affairs and equal access to public service
g. Right to equal suffrage
h. Right to freedom of movement and right of asylum etc.

Economic Human Rights

Each one of us is entitled to certain economic human rights:
a. Right to social security
b. Right to work and the right to equal pay for equal work
c. Right to form trade unions
d. Right to rest and leisure
e. Right to food, health and an adequate standard of living

Cultural Human Rights

To protect different cultures, customs, and traditions, we are entitled to:
a. Right to participate in the cultural life of the community
b. Right to enjoy the art and to share in the scientific advancement and its benefits
c. Right to the protection of the moral and material interests resulting from any scientific, literary
and artistic production of which the individual is the author
d. Right to a social and international order in which the human rights as provided in the Universal
Declaration can be fully realized

Human Rights in India

As guaranteed by the Indian Constitution
The Constitution of India incorporates most of the rights enumerated in the UDHR in two parts--
the Fundamental Rights and the Directive Principles of State Policy.
Fundamental Rights: Articles 12-35 of the Indian Constitution guarantees the Right to Equality,
Right to Freedom, Right Against Exploitation, Right to Freedom of Religion, Cultural & Educational
Rights, Saving of Certain Laws and Right to Constitutional Remedies.
Directive Principles of State Policy (DPSP): Articles 36-51 of the Indian Constitution
guarantees Right to Social Security, Right to Work, Right to Free Choice of Employment, and
Protection Against Unemployment, Right to Equal Pay for Equal Work, Right to Existence Worthy
of Human Dignity, Right to Free and Compulsory Education, Right to Equal Justice and Fee Legal
Aid and the principles of policy to be followed by the State.
Law in India
Protection of Human Rights Act, 1993 (as amended in 2019) provided for the constitution of a
National Human Rights Commission at the Centre to steer State Human Rights Commission in States
and Human Rights Courts for better protection of Human Rights and matters connected therewith or
incidental thereto.
 Civil and political rights
Civil and political rights are a set of human rights that protect individuals from infringement by
governments, private organizations, and social groups. They ensure that people can take part in their
country's civil and political life without discrimination or repression.
Some examples of civil and political rights include:
 Freedom of movement
 Freedom of speech and expression
 Right to a fair trial
 Right to vote
 Right to privacy
 Right to equality before the law
 Right to be free from torture
 Right to life
 Right to liberty and security of person
The International Covenant on Civil and Political Rights (ICCPR) elaborates on the civil and political
rights listed in the Universal Declaration of Human Rights

Economic, social, and cultural rights (ESCR)

ESCR is a set of human rights that are interlinked with each other and are essential for a dignified
life. Some examples of ESCR include:
 The right to adequate food, housing, and water
 The right to health, education, and social security
 The right to work and to choose and accept work
 The right to form trade unions and strike
 The right to freedom from discrimination and exploitation
 The right to equality between men and women
 The right to special protection for mothers before and after birth
 The right to take part in cultural life
The Committee on Economic, Social and Cultural Rights works to ensure that the Covenant on
Economic, Social and Cultural Rights is applied and enforced so that all people can enjoy their rights.

Vulnerable groups in human rights

include people who face discrimination and oppression, and may include:
 Children and adolescents
 Women and girls
 People with disabilities
 Migrants, refugees, and asylum seekers
 LGBTQI+ individuals
 Older people
 Ethnic and racial minorities
 Indigenous peoples
 HIV positive people and AIDS victims
 Roma/Gypsies/Sinti
Vulnerable groups can vary depending on the context, and there are many other groups that face
discrimination and oppression that aren't included in this list. Vulnerability can also be based on age,
gender, socio-economic status, and ethnicity
Human rights: Violation and remedies
If discrimination or harassment is proven, the Human Rights Tribunal of Ontario (HRTO) has very
broad powers to order parties to do whatever is necessary to ensure that the Ontario Human Rights
Code is complied with.
The purpose of human rights remedies is not to punish the wrongdoer but to put complainants into
the position that they would otherwise have been in if the discrimination had not occurred.
The Code protects people in Ontario from discrimination and harassment in five circumstances or
social areas: employment; obtaining housing; obtaining goods, services and facilities; contracts; and,
membership in trade and vocational associations. Both monetary and non-monetary remedies are
available.
If you believe you have experienced discrimination or harassment you may be entitled to some type
of compensation or other remedy. To get help, ask a lawyer now.

Monetary remedies
There are three monetary remedies that can be ordered by the HRTO. The applicant may receive
money for:
1. Restitution and compensation for money that the individual lost or was forced to spend
because of the discrimination, such as lost wages and benefits, increased rent, or moving
expenses;
2. General damages, including the right to be free from discrimination, and injury to the person’s
dignity, feelings and self-respect as a result of the discrimination; and
3. Interest on any of these remedies.
If the HRTO determines that there are multiple instances of discrimination or harassment, multiple
awards of general damages may be ordered. Also, the $10,000 limit for compensatory awards for
mental anguish was removed in 2006. However, the monetary awards by the HRTO are still seen by
some as being too low. As a result, many human rights complaints are actually pursued in the courts
where it is perceived that higher amounts will be awarded.

Non-monetary remedies
Non-monetary remedies involve the HRTO ordering the respondent to “do” something. Examples of
non-monetary remedies include:
 correcting the discriminatory behaviour,
 job reinstatement,
 provide housing to the applicant,
 allow the applicant to become a member, etc.
Public interest remedies
Another type of remedy is called a public interest remedy to ensure future compliance with
the Code. This type of remedy does not always benefit the applicant directly but rather is an action
that the respondent can be ordered to take to prevent similar discrimination from happening in the
future. A public interest remedy can be requested by the applicant in the application, or ordered by
the HRTO on its own initiative. Examples of public interest remedies include:
 changing hiring practices,
 developing new policies,
 developing human rights policies and complaint process, and
 requiring human rights training for staff and management.
Get help
Warning, for employment and housing purposes, it is legal to discriminate against someone who has
a criminal record. To prevent discrimination, erase your criminal record, call toll-free 1-888-808-
3628 or learn more at Pardon Partners. It’s easier than you think.
 If you need help filing a human rights complaint with the Human Rights Tribunal of Ontario (HRTO),
or with other Court proceedings, contact our preferred experts, Nicola (Nick) Giannantonio Legal
Services or call 647-317-1908.
If you believe you have experienced discrimination or harassment you may be entitled to some type
of compensation or other remedy. To get help, ask a lawyer now.

Gender equality
is a fundamental human right, and is essential for achieving peaceful societies, sustainable
development, and full human potential. Gender equality is important for all areas of a healthy
society, including:
 Economic growth: Empowering women can spur economic growth and productivity.
 Education, health, and protection: Gender equality is critical for promoting the health, education,
and protection of girls and boys.
 Reducing poverty: Gender equality is important for reducing poverty.
Gender equality is about ensuring that women and men have equal access to opportunities and life
changes, and that their interests, needs, and priorities are considered. It's not about men and
women becoming the same, but rather about ensuring that neither sex is a constraint on access to
opportunities.
Some factors that have contributed to pushbacks against gender equality include: The growing "anti-
gender" movement, Political populism, Authoritarianism, and Patriarchal gender norms and power
structures.