This article has been written by Ms. Shubhi Singh a third year of NMIMS School of Law, Navi Mumbai.

ABSTRACT

Human rights are those that pertain to an individual’s life, liberty, equality, and dignity that are enshrined in international treaties, protected by the Constitution, and upholdable in all national higher courts. Promoting and defending human rights globally is the goal of the UN Human Rights Council, an organization of the UN.  The forty-seven members of the council are chosen on a royal group basis and serve staggered three-year terms.  The United Nations Office in Geneva, Switzerland serves as the Council’s headquarters. The United Nations established the main objectives for the defense and advancement of human rights following World War II. It has created broad categories of rights that are widely acknowledged, developed procedures, and helped governments fulfill their duties. to uphold and defend human rights.   The goal of this research is to disseminate knowledge about human rights issues, raise awareness of the mechanisms involved, safeguard human rights, put new protocols and basic mechanisms into place, and finance treaty action plans, procedures, and principles of human rights laws that affect a variety of groups, including minorities, women, migrant workers, children, and the disabled. The primary subjects of this research study are human rights and the related bodies that work to protect those rights, as well as mechanisms that promote high-quality training programs and approaches for protecting future generations from human rights violations.

KEYWORDS– liberty, equality, international treaty, united nations, human rights, minority, violations

INTRODUCTION

Human rights are described as fundamental freedoms, accepted norms, standards, or necessities that must be met following accepted human conduct norms. The law protects human rights, and organizations dedicated to promoting human rights monitor this protection to make sure it is occurring. Human rights are the fundamental freedoms that every person has, irrespective of their gender, origin, race, color, or financial status. Europe gave birth to the human rights movement. Millions of people were unemployed during the industrialization era when workers faced dire circumstances after losing their employment due to the introduction of new technology. They did not even have enough money to purchase food, they were homeless, and their basic needs for food and shelter were not being met. As a result, the human rights movement began, and the main goals of this movement and all organizations related to human rights are to guarantee that everyone lives in a world where their rights are protected, and fulfilled and that everyone is granted equal status. Human rights are the rights that human beings should have everywhere in the world, such as the rights to freedom, dignity, expression, employment, and social interaction. Rights are assertions that are necessary for a person’s existence and growth. There will be a lengthy list of rights in that sense. Although society acknowledges all of these, the State recognizes certain of the most significant rights, which are codified in the Constitution. We refer to these rights as basic rights. There are two reasons why these rights are essential. These are guaranteed by the Constitution in the first place, and they are also justified, meaning that courts can enforce them. Being justified entitles the person to seek legal protection if they are violated. Courts will deem any legislation passed by the government that limits any of these rights to be unconstitutional. Section III of the Indian Constitution grants several rights. Six basic rights are guaranteed to Indian people by the Constitution: (I) the right to equality; (II) the right to freedom; (III) the right to be free from exploitation; (IV) the right to freedom of religion; (V) the rights to culture and education; and (VI) the right to constitutional remedies.

HISTORY AND ITS BIRTH

The Universal Declaration of Human Rights (UDHR), which was issued in 1948, is the first list of human rights. The development of fundamental freedoms and human rights has been a long-standing process. The protection of human rights, however, was first established earlier thanks to the concepts of the ancient Romans and the customary law of the ancient Greeks, Persians, and Egyptians. The Bible’s construction of laws including fundamental human rights—such as the right to life, security, liberty, property, and due process—emphasized the necessity for governmental officials to respect citizens as fellow human beings. The Middle Ages saw the appearance of the first legally enforceable texts that codified certain citizen rights and freedoms, governing the relationship between the king and the aristocratic state. These were the Great Charter of Freedoms (1215), the 1689 Declaration of Rights, and the 1679 Habeas Corpus Act in England. These laws restricted the freedoms and rights of the nobility to their private lives and allowed for their suspension in the event of a threat to public safety. Other kingdoms as well as Central and Eastern Europe enacted legislation of a similar nature.

The Henrician Articles of 1573 recognized the civic right of resistance against rulers in Poland. Only the passage of the first modern European Constitution on May 3, 1791, which upheld the concept of statehood, violated these ideals. The only document that guaranteed both personal freedom and formal equality was the Constitution of the Duchy of Warsaw of 22 July 1807, infused with the concepts of French republicanism. Francisco de Vitoria’s theory of the international community’s protection of rights had a significant influence on the growth of international law. But it was drowned out during the absolutist era when man was relegated to working as a slave under the monarch’s authority.

Lawyers Charles Louis de Secondat, Baron de la Brède et de Montesquieu, philosopher John Locke, author Thomas Paine, and educator Jean Jacques Rousseau transformed Enlightenment ideas into national laws in the eighteenth century. The foundation of English classical liberalism, Locke recognized the rights to liberty, life, and property. He denounced patriarchy and highlighted the interaction between the government and the people, as well as restricted power separated by competence. Montesquieu embodied the contemporary idea of the state as an individual security guarantor, acknowledging the obligation of the state to protect the liberties and rights of every person. The creation of a society that is more equitable and democratic was aided by these efforts.

UNIVERSAL DECLARATION OF HUMAN RIGHTS

The Universal Declaration of Human Rights (UDHR) is a fundamental file that summarizes the rights and freedoms of all individuals, including those of women, children, and nations. It was first stated more than six times in the UN’s formation Charter, creating the elevation and guard of human rights important determination and guiding code of the association. The Charter’s Preamble included an assertion of “fundamental human rights,” the self-respect and value of the human person, and the equivalent rights of women, men, and nations. Articles 56 and 55(c) of the Charter create a legal responsibility for UN Member States to take combined and distinct acts in cooperation with the Organization for the achievement of worldwide admiration for, and adherence to, human rights and central liberties for all without difference as to race, gender, linguistic, or faith. However, the Charter itself did not comprise any meaning of the period, and the task of coming out with the notion was allocated to the UN Commission of Human Rights (UNCHR). The UNCHR had 15 adherent nations, each of which chose drafters of a file that became recognized as the Universal Declaration of Human Rights (UDHR).

The enlisting process, led by Eleanor Roosevelt, took about two years and obligatory the appraisal of resources and thoughts from various foundations, including national components, commandments, announcements, spiritual and metaphysical observation, and other proficient contributions from around the ecosphere. Once the conscripting was accomplished, the adherents of the Commission deliberated and adapted the planned Declaration and presented it to the General Assembly, which approved it on December 10, 1948, a date that has since been renowned yearly as “Human Rights Day.”The UDHR has become the groundwork of the international human rights outline, signaling a change to a sympathetic that all nations share a responsibility to act against separate administrations that exploit and disturb the human rights of their peoples. However, since it is not an accord, it theoretically is not a legally compulsory responsibility of the states that encompass the association of the UN. Nevertheless, it has been contended that the UDHR is legally compulsory in nations subsequently by their arrangement to obey the UN Charter they have dedicated to protecting the human rights distinct in the Announcement.

The principles of the UDHR have also become lawfully obligatory to the extent that they have been unified into nationwide commandments and specific rights in the UDHR have come to be measured as customary and thus lawfully safeguarded regardless of the position of the UDHR itself. Article 25(2) clarifies that parenthood and juvenile are entitled to superior maintenance and support and that all progenies, whether born in or out of matrimony, are allowed to the identical communal shield.

Article 26 clarified the basic widespread right to instruction by saying that teaching should be unrestricted, at minimum in the basic and essential phases, and that basic education should be necessary. Practical and specialized education should be made usually obtainable, and sophisticated education should be correspondingly available to all built on excellence. Parents should have the right to select the type of schooling given to their offspring, and schooling should be directed to the complete growth of the human personality and the consolidation of admiration for human rights and fundamental freedoms.

INTERNATIONAL BILL OF HUMAN RIGHTS

The International Bill of Human Rights was created on January 3, 1976, with the establishment of the International Convention on the Rights of Persons (ICCPR). Except for the rights of asylum, it extends most of the civil and political rights listed in the Universal Declaration of Human Rights (UDHR). The Preamble to the ICCPR highlights that the realization of the goal of free humans living in civil and political freedom, fearlessness, and witlessness is contingent upon the establishment of circumstances that enable all individuals to exercise their civil, political, economic, social, and cultural rights.

One of the most generally ratified international human rights treaties is the ICCPR. Every person has the right to self-determination, or the freedom to choose their political position, according to Article 1. position, work toward their social, cultural, and economic advancement, and manage their natural resources and riches without regard to the duties that result from global economic cooperation. States are obligated by Article 2(1) to uphold and guarantee that every person residing in their borders can exercise their rights under the ICCPR without facing discrimination based on race, color, sex, language, religion, political opinion, national or social origin, property, birth, or any other status.

The preservation of a person’s life, liberty, and physical security is the main topic of Articles 6 through 11. These include the inalienable right to life, the outlawing of slavery and other forms of forced labor, the right to liberty and personal security, the humane treatment of those who are deprived of their freedom, and the respect for one’s intrinsic dignity. of the human person, as well as the ban on incarceration for the sheer reason of being unable to perform under a contract. A comprehensive treaty that covers many facets of human rights, such as freedom of movement, just treatment by the legal system, and fundamental individual rights, is the International Covenant on Civil and Political Rights (ICCPR). It consists of Articles 12 and 13, which deal with the movement of individuals into, out of, and within states, and Articles 14 through 16, which deal with the just treatment of individuals by the legal system. Fundamental individual rights and freedoms are covered by Articles 17 to 22. These include the rights to privacy, family, home, and communication, as well as the freedoms of speech, opinion, conscience, and religion. Article 8(c) protects these rights by outlawing propaganda for war and recognizing the right to peaceful assembly.

The International Covenant on Civil and Political Rights (ICESCR), in contrast, is founded on the fundamental ideas presented in the Universal Declaration of Human Rights (UDHR) and upholds the freedom of all peoples to seek and enjoy their economic, social, and cultural rights without hindrance. The states must implement legislative measures as well as other measures aimed at achieving the progressive realization of the rights listed in the ICESCR. Workers’ rights are protected by the ICESCR, which includes the freedom from forced labor, the freedom to accept or reject employment, and the right to be free from forced labor. Additionally, it highlights how crucial equal protection under the law is, In conclusion, everyone enjoys the right to the freedom of movement, thought, conscience, and religion, as well as the right to peaceful assembly, thanks to the complete foundation for human rights provided by the ICCPR and ICESCR.

CONCLUSION

The human rights framework distinguishes between freedoms and rights from a practical as well as a theoretical standpoint. In general, freedom is the ability to act as one pleases and is a manifestation of the dignity that all people possess. Being a negative right, it is immune to state intervention. But one person’s freedom should stop where another person’s starts and the government must continue to take action to safeguard liberties. Three conditions must be met for freedom to be legally protected: the state cannot intervene; other parties cannot interfere; and the state must give legal protection. The state’s responsibility is limited to ensuring that the boundaries of freedom are not crossed; positive freedoms, including Contrarily, a right a means by which an individual can get their freedom; nevertheless, the state must take proactive measures to provide this protection by enacting laws that will guarantee the exercise of particular capacities, rights, or areas of human behavior.

Since defining the substance of freedom would entail defining it normatively, which would be a constraint on freedom, the state is not allowed to specify the bundles of rights that are linked to freedom. If there is personal freedom, it is exercised by the individual, not by the government dictating what an individual may or cannot do with it. Only the boundaries of freedom are protected by the state; its substance or basic parts are not touched. In this instance When it comes to freedom, the state must defend just those aspects of it without assessing or scrutinizing how it is used. For instance, if religious freedom is allowed, the state should defend its boundaries rather than the subject matter or goal of the freedom. A person merely has the right to request that the state uphold the “measure” of freedom, not its boundaries.

In conclusion, freedom is defined and maintained exclusively in terms of boundaries, whereas human rights are controlled and safeguarded in considerable detail based on partial entitlements. It is impossible to effectively criticize the state for failing to safeguard citizens when a fundamental component of their liberties is infringed. Should the state guarantee that the boundaries of The state have performed its duties if it has made sure that the boundaries of freedom are upheld? Since human rights and freedoms are more than mere rights, they are intimately related to individual obligations. Respecting the rights and liberties of others is one of humanity’s fundamental obligations. The fact that human rights have a horizontal effect and that normative legislation governing human rights expressly prohibits anybody who abuses those rights from seeking protection serve as clear examples of this. International human rights legislation, such as that found in Article 29 of the Universal Declaration of Human Rights (UDHR), states that everyone has obligations to the community and that the laws governing their rights and freedoms are the only ones that can restrict them to protect those rights.

REFERENCES

This article was originally written by Anthony D. Amato and published on the JSTOR website. The link for the same is herein https://www.jstor.org/stable/1122161

This article was originally published on the SSRN website. The link for the same is herein https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1641167

This article was originally published on the United Nations website. The link for the same is herein https://www.un.org/en/chronicle/article/international-human-rights-law-short-history

This article was originally published on the Harvard T.H. Chan website. The link for the same is herein https://www.hsph.harvard.edu/wp-content/uploads/sites/134/2016/07/Human-Rights-A-brief-intro-2016.pdf

This article was originally published on the UN website. The link for the same is herein https://www.ohchr.org/sites/default/files/Documents/Publications/Compilation1.1en.pdf

This article was originally written by James Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

and published in the Oxford legal research library. The link for the same is herein https://olrl.ouplaw.com/display/10.1093/law/9780199666409.001.0001/law-9780199666409

This article was originally written by Allan S. Gutterman and published on the Research website. The link for the same is herein https://www.researchgate.net/publication/363883545_International_Human_Rights_Law

This article was originally written by Tamas Lottman and published on the ResearchGate website. The link for the same is herein https://www.researchgate.net/publication/301221198_International_Protection_of_Human_Rights

This article was originally published on the Researchgate website. The link for the same is herein https://www.researchgate.net/publication/370691944_International_Human_Rights_Law

This article was originally written by Vivek Dhupdale and published on the ResearchGate website. The link for the same is herein https://www.researchgate.net/publication/261170984_Enforcement_of_Human_Rights_at_International_and_National_Level