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Human Rights Law

Syllabus Units
Syllabus Topics: Meaning, nature, definition, characteristics, origin, development, theories, and classification of human rights.

Q1. Define human rights. Explain their nature and characteristics.

16 Marks

✎ Define (incl. S.2(1)(d) PHRA) → characteristics → importance → conclude.

Introduction

Human rights are the basic rights and freedoms to which every human being is entitled by virtue of being human, irrespective of nationality, sex, religion, language or any other status. Section 2(1)(d) of the Protection of Human Rights Act, 1993 defines them as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.

Body

Nature & characteristics

  1. Inherent and inalienable — they belong to a person by birth and cannot be surrendered or taken away.
  2. Universal — available to all human beings everywhere, without discrimination.
  3. Indivisible and interdependent — civil-political and socio-economic rights are equally important and mutually reinforcing.
  4. Essential for dignity — they secure a life worthy of a human being.
  5. Dynamic — their content expands with social progress (e.g. right to a clean environment, privacy).

Conclusion

Human rights are thus inherent, universal and indivisible entitlements essential to human dignity; their recognition and protection is the hallmark of a civilised legal order.