Concept of Human Rights
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protected in the national constitutions and statutes of many states around the world. In addition, treaties
or agreements that states have signed oblige them to ensure the recognition and implementation of these
rights and freedoms to individuals and citizens.
Why are these universally recognized laws so important? The reasons are best stated in the pre-
amble of the UDHR, which states:
The inherent dignity and … equal and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world and that disregard and contempt for hu-
man rights resulted in barbarous acts.
The preamble goes on to warn: … it is essential if man is not to be compelled to
have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should
be protected by the rule of law…
Who are entitled to these rights? Are there exceptions? Every human being is born with equal
human rights. Everyone is entitled to these rights in equal measure. These rights are inalienable: they cannot be taken away, lost or surrendered whatever a person does or whoever that person
is. In the eyes of the law, even suspects and criminals are human beings with inalienable rights. A person accused of wrongdoing is entitled to fair trial and presumed innocent until proven oth-
erwise; those proven guilty or convicted are entitled to appeal. As detainees or prisoners, they have the right to be treated humanely.
Every individual’s human rights must be respected. To respect the rights of another person is to value that person’s human dignity. It is:
…a conscious effort to find our common essence beyond our apparent divisions, our tempo- rary differences, our ideological and cultural barrier.
Is “a freedom” the same as “a right”? Yes, in law they are the same. Your “freedom from
torture” is your “right not to be tortured”.
What is meant by the word “equality”? Human rights law establishes equality by protect-
ing individuals from discrimination. Persons should not be discriminated against simply because of their beliefs or status in life; the law applies equally to rich and poor, to the Christian, Muslim,
Buddhist and animist, to majority and minority, to the dominant and the dominated. Migrant workers are entitled to equal pay for equal work alongside the citizens of the country where they
work. Women have the same rights as men. If a woman wishes to stay at home, it is her right and must be respected. It is also her right to work outside the home if she wishes to and to receive
equal pay for her work. It is the duty of the state to make all these opportunities available.
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166 What is the duty of the state? Considering that every state has national sovereignty, a state
calls on another state to respect each other’s territorial integrity and political independence. However, there is a difference between meddling in the internal affairs of a state and compelling
it to observe standards of conduct to which it has committed itself.
Can states decide “to abide” or “not to abide” by their duties to protect individuals?
Firstly, states have to agree to certain treaties, covenants and conventions, which set standards for the treatment by the state of its citizens and call it to account for its efforts or non-action
in implementing these standards and answering allegations that may arise. Secondly, even if a state does not agree to these treaties, as a UN member-state, it is obliged under the UN Charter
to promote, respect, and observe human rights. Thirdly, the International Bill of Human Rights and other human rights conventions together make up a body called international human rights
law. In this regard, a government’s treatment of its citizens is now the legitimate concern of the international community. Below is a quote from Boutros-Ghali during the 1993 World Confer-
ence on Human Rights in Vienna:
It is the state that the international community should principally entrust with ensuring the protection of individuals. However, the issue of international action must be raised
when states prove unworthy of this task… and when – far from being protectors of indi- viduals – they become tormentors… In these circumstances, the international community
must take over from the states that fail to fulfill their obligations.
What is the difference between a “human rights violation” and a “criminal offense”?
Both involve wrongdoing. A criminal offense is a harmful act committed by one or more persons against other persons or against society at large, an act prohibited and punishable by the laws
of a country. A human rights violation, on the other hand, is committed by the state through its agents such as police or armed forces against an individual or groups. In like manner that an
individual who commits a crime is brought to justice, the state itself should also be made ac- countable when it violates the human rights of its citizens.
What are the conditions and measures that favor human rights protection? Strong in-
stitutional mechanisms are needed, such as having separation of powers, an independent judi- ciary system that is accessible to citizens, and special laws on human rights protection, to try
and punish human-rights violators. If such mechanisms are lacking, international human rights law cannot be enforced within the state through a legal process. The UN can impose economic
sanctions and, in some cases, allow armed intervention against a government that systematically violates human rights. Although governments can still abuse human rights with impunity, they
are now increasingly aware of the importance of a good human rights record, if only to improve their global public image and trade and investment prospects.
One factor that allows states to violate human rights is that many people are not aware of their basic rights according to law. Thus, there is a need for widespread public education on hu-
man rights, to heighten vigilance against human rights violations, and to develop skills and net- work for monitoring and documentation of human rights violations. For a state to respect human
rights, the key is an enlightened and vigilant citizenry that constantly hold the state accountable to its human rights obligations.
At the same time, when citizens consistently inform the international community of their government’s human rights violations, the said government will find it harder to cover up such
violations. Such global exposure may convince the international community to take action, and for the government itself to comply with its human rights obligations and standards.
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167 Are atrocities committed by armed opposition groups also considered human rights
violations? Atrocities that armed opposition groups may commit against ordinary citizens are as morally reprehensible as state-inflicted human rights abuses. Such atrocities, even if done in
the name of a just social cause or political goal, also violates basic human rights. Even belligerent governments and insurgent armies are obliged by war conventions and international humani-
tarian law to respect the rights of non-combatants, hors d’combat combatants who have ceased fighting, and prisoners of war. In strictly legal terms, however, human rights law is applicable to
the conduct of the state towards individuals. The law exists to regulate the state’s use of power and to protect citizens from the state’s abuse. In moral terms, one cannot be distinguished from
the other but in legal terms, they are treated separately.
How are human rights violations related to tyranny? It is stated in Article 21 of UDHR
that “the will of the people shall be the basis of the authority of government.” Where a govern- ment ignores the will of the people and does its worst to suppress the people’s will, it loses le-
gitimacy and becomes a tyranny. Such a government increasingly relies on brute military force and becomes a most brutal and systematic violator of human rights. In such cases, human rights
issues become an important arena in the broader resistance of an entire people against a tyran- nical regime or an oppressive state.
Wole Soyinka said: Man dies in all who keep silent in the face of tyranny.
Pastor Martin Niemoller composed this poem: First they came for the Jews
And I did not speak out— Because I was not a Jew.
Then they came for the Communists And I did not speak out—
Because I was not a Communist. Then they came for the trade-unionists
And I did not speak out— Because I was not a trade-unionist.
Then they came for me— And there was no one left to speak out for me.