Articles /Vol. 3 No. 3 (2021) /PP. 824-838

Human Rights

Lead author · Corresponding
Smriti Dhasmana
Student at Amity Law School Noida, India
Co-author
Nikita
Student at Amity Law School Noida, India
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622 downloads
Abstract

The researchers in this paper seek to analyze the concept of human rights and its origin. The various developmental stages are concerned with the protection of the life, health, and dignity of individuals. These rights are applied at all times, in peace and war. The paper covers aspects related to legal dimensions concerning the Indian constitution and the united declaration of human rights and whether they are legally binding or not? Further, the paper talks about International Humanitarian Law that is a common abbreviation for ‘international humanitarian law applicable in armed conflict’. It discusses the relationship between states which is governed by the rules and regulations established in International Humanitarian Law, through Treaties and Conventions, and also tried to cover some of the human rights violations around the world. The paper tries to promote meaningful human existence, to the fullest potential and growth.

Keywords
Human Rights Humanitarian Law Rights UDHR Human Rights Violation Legal Dimensions
Full Text

I. Introduction

A right is an interest recognized and protected under the rule of law. It's all interest, respect is a duty, and disregard is wrong. If an act is right or just, it is because it adversely affects men's interests. Behavior that does not affect someone's interests has no legal or moral significance.

Every injustice therefore implies an interest attacked by it, and every duty implies an interest to which it relates and which it exists to protect. However, the opposite is not the case. Any attack on an interest is neither actually nor legally a mistake. It is not a legal or natural obligation to respect every interest. Many interests exist de facto and not de jure; they receive no recognition or no protection against the rule of law. Their hurt is not a mistake and their respect is not an obligation. Because people's interests are in conflict with each other and it is impossible for anyone to receive legitimate recognition. The rule of law selects some for protection, and it is impossible for all of them to receive legitimate recognition. The rule of law selects some for protection, while others are rejected.

The interests that are legally recognized and protected in this way are called rights. Every man who has a right to something also has an interest, but there can be an interest without having a right. Whether his interest equals a right depends on whether there is an obligation in relation to him to another person.

II. What are human rights?

3Human rights are those rights that are inherent to all human beings, regardless of race, sex, language, religion, ethnicity, nationality, or any other status. Human rights include the right to life and liberty, and education freedom from slavery and torture, the right to work freedom of opinion and expression, and many more. Everyone is entitled to these rights, without discrimination.

These rights are given to an individual or group of individuals simply for being human, as a consequence of inherent human exposure, or because they are requisite for a just society. Human rights, regardless of their theoretical basis, apply to a large spectrum of ideas and reasoning skills to improve human agency or safeguard human interests and proclaimed to be fundamental in character, asserted fairly for all human beings, current and potential, in any way.

It is a common observation that human beings universally require the realization of diverse values or capabilities to ensure their collective well-being. It also is a common observation that as a moral or a legal demand is often painfully by social as well as natural forces, resulting in exploitation, oppression, persecution, and other forms of deprivation. Deeply rooted observations are the beginnings of what today are called “human rights” and the national and international legal processes associated with them.

4The principle of human rights is not to say that there is complete agreement about the nature and scope of such rights. There are still some basic questions that still need to be answered which are as follows:

If human rights should be perceived as divine, moral, or legal rights;

  • If they are to be validated as prerequisites for satisfaction or the accomplishment of human freedom through intuition, tradition, custom, social contract, concepts of distributive justice;
  • If they should be interpreted as irrevocable or partly revocable; and whether the number and content should be broad or restricted.

5As a result, human rights are viewed as a persistence of the natural rights tradition which focused on the moral properties of human beings and, thus, emerged long before the adoption in legal documents. They encompass moral entitlements that belong to humans are recognized by legal systems or not. As moral rights claims, as minimum standards about human treatment to which humans are morally entitled to being human. Human rights being part of universal laws of nature is not only guiding the interaction between humans but also allowing for individual moral rights to self-determination.

However various authors argue that rights cannot exist without being provided legal status ensuring a mechanism for their enforceability. In referring to the views of philosophers such as Burke, Bentham, and Rousseau, Heard similarly argues that human rights do not automatically belong to all humans detached from human endeavor as they are, created by human action. As such, human rights are the product of both human co-existence and legal systems. Although philosophers were initially reluctant to examine human rights as rooted in international and national legal systems, Kirchschlaeger identified four different dimensions to human rights which are aiming at guaranteeing the safeguarding of every human in respect of the crucial areas and elements of basic human existence life and survival.

6 Human rights include civil and political rights, such as:

  • The right to freedom of expression
  • The right to freedom of religion or conscience
  • The right to property
  • The right to freedom of assembly
  • The right to privacy
  • The right to vote.

Human rights also cover economic and social rights, such as:

  • The right to an adequate standard of living
  • The right to adequate food, housing, water and sanitation
  • The rights you have at work
  • The right to education.

III. Historical development

7Since World War II, the founding of the United Nations in 1945, and the adoption by the UN General Assembly of the Universal Declaration of Human Rights in 1948. It replaced the phrase natural rights, which fell into disfavor in the 19th century in part because the concept of natural law (to which it was intimately linked) had become controversial with the rise of legal positivism. The argument, long espoused by the Roman Catholic Church, that law must be moral to be law, was dismissed by legal positivism. The concept of civil rights has substituted the later expression of human rights, which was not widely recognized, like women's rights.

8The historical fight for human rights started with philosophical or theological ideas and concepts underscored by Hobbes, Locke, and Kant regarding the need for inherent worth of humans which gradually spilled over to the political sphere of national governments and, ultimately, to the international domain. In acknowledging the prominence of the values entrenched in human rights, their recognition across political and ideological borders symbolized the end of all ideologies and the end of history.

It brought an end to historical periods during which human beings were not treated with self-esteem nor equally protected to the extent to which they deserved and consequently, started a new moral era that can be innate by future generations. To delineate the efficiency of such a heritage, the human rights most prominent for current and future generations.

Origins in ancient Greece and Rome

In the Ancient time, peoples did not have the same modern-day conception of universal human rights. The definition of natural rights, which originated as part of the medieval practice of natural law that became popular after the European Enlightenment, was the real predecessor of the human rights debate. Throughout half of the 20th century, contemporary human rights claims originated from this basis.

In the 17th-century English philosopher John Locke discussed natural rights in his work, identifying them as being "life, liberty, and estate (property)", and argued that such fundamental rights could not be surrendered in the social contract.

The English Bill of Rights and the Scottish Claim of Right in Britain in 1689 each declared a number of repressive governmental acts unlawful. During the 18th century, two major revolutions occurred in the United States (1776) and France (1789), leading to the Declaration of Independence of the United States and the French Declaration of the Freedom of Man and of the Person, both of which certain human rights. Additionally, the Virginia Declaration of Rights of 1776 encoded into law several fundamental civil rights and civil freedoms.

9Some many groups and movements have managed to achieve profound social changes over the course of the 20th century in the name of human rights. As in Western Europe and North America, the labor unions have brought about laws granting workers the right to strike, which have established minimum work conditions and regulating child labor. The women's rights movement has also succeeded in the advancement for many women the right to vote. Some other National liberation movements in many countries have also succeeded in driving out colonial powers.

Among those one of the most influential was Mahatma Gandhi's movement to free his native India from British rule. These Movements by long-oppressed racial and religious minorities succeeded in many parts of the world, the civil rights movement, and more recent diverse identity politics movements, on behalf of women and minorities in the United States.

This has further led to the foundation of the International Committee of the Red Cross, the 1864 Lieber Code and the first of the Geneva Conventions in 1864 laid the foundations of International humanitarian law.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty and the pursuit of Happiness.

United States Declaration of Independence, 1776

IV. The legal dimension of human rights

10The legal dimension of human rights has not exclusively developed in reaction to wars of aggression and mass crimes on humankind. The main reason behind this dimension as it highlighted the necessity to standardize moral human behavior across national borders, thus requiring governance beyond the nation-state and legal principles that have been effective.

In this regard, the international human rights regime has adopted a more behavioral tone during the twenty-first century. The philosophical views of Burke, Bentham, and Rousseau was that human rights are a product of a specific society and its prevailing legal system due to their interdependency on human behavior rather than belonging to humans merely based on their humanness. Because of its international legal recognition, human rights are defined as universal rights that emerged as an ideal from legal imperatives as reflected in various declarations, conventions, and treaties leading to a universal culture of human rights.

International human rights law, although existing beyond the determination of specific societies, essentially serve as individual legal entitlements primarily against all States and State entities. Such entitlements allow humans to legitimately claim equal protection of their basic human needs, respect for their dignity, and the fulfillment of their ideal to live a life worth living regardless of where they live. The philosophical view of Rousseau claims that people agree to live alongside others if society protects them and if human rights are used as an ethical way to globally determine and criticize governments’ treatment of their inhabitants.

Different authors, to the contrary, believe that international human rights law is not universal in the sense that it cannot substitute national laws but only complement them. They argue that human rights are incompatible with their own universality since they merely apply after nations have recognized them as part of a positive national legal doctrine within a particular geographical area.

Prominence is founded on universal principles based on the shared acceptance that people's humanity is expressed in a given culture through personal experiences with others. In view, it is evident that human rights law needs the support of an equivalent moral awareness and ethos to be effective and regarded as being just. Humans do not follow legal principles purely because they fear its sanctions but rather because they believe in and share the ethical principles underscored by legal imperatives. Moral human rights to be schematically transformed into legally protected human rights to ensure their enforceability warrant a more controlled and well-disciplined judging system as well as assuring the selection of the elements of human existence that essentially requires special protection. Since the result of government actions will, on its own, give rise to gross abuses of human rights when drastic political action and military interference are carried out, justified by an effort to put an end to particular violations of human rights, the legislation, in turn, sets strict limits on the power of the political state.

In addition, by granting democratic rights as well as rights to development, social, economic, and cultural rights, the statute encourages the active political involvement of citizens in political decisions concerning them, thus enabling their interests to be heard in terms of their rights and their own lives. This is achieved through effective democratic processes and the full realization of political and civil rights, thus ensuring that all States function within their legal boundaries when dealing with individuals being subjected to their behavior.

The philosophical views of Burke, Bentham, and Rousseau, namely, that human rights are a product of a specific society and its prevailing legal system due to their interdependency on human behavior rather than belonging to humans merely based on their humanness. Because of its international legal recognition, human rights are defined by various authors as universal rights which emerged as an ideal from legal imperatives as reflected in various declarations, conventions, and treaties leading to a universal culture of human rights.

International human rights law, although existing beyond the determination of specific societies, essentially serve as individual legal entitlements primarily against all States and State entities. Such entitlements allow humans to legitimately claim equal protection of their basic human needs, respect for their dignity, and the fulfillment of their ideal to live a life worth living regardless of where they live. This is in line with Rousseau's moral beliefs, stating that people choose to exist alongside others if they are protected by society and if human rights are used as an ethical metric to internationally assess and condemn the treatment of their citizens by governments.

11Human rights have a projection of universality, but they are not the same for both persons and cultures as a matter of fundamental fact. For some, especially the well-advanced west, they are predominantly matters of civil and political liberty while for others, the developing and under-developed Asian, Africa, and Latin America, predominantly they are also matters of survival. Therefore, civil rights are about becoming a resident of the world, becoming part of a society on earth. In my opinion, civil rights are upheld to their fullness by engaging in democracy on earth: the democracy of all life. And, as earthlings, the land on which human rights derive is our human obligation to defend the earth and all its creatures.

‘All humanity is one undivided and indivisible family, and each one of us is responsible for the misdeeds of all others. I cannot detach myself from the wickedest soul.’

- Mahatma Gandhi

V. Human rights and the indian constitution

The Constitution of the Republic of India which came into force on 26th January 1950 with 395 Articles and 8 Schedules is one of the most elaborate fundamental laws ever adopted. The Preamble to the Constitution declares India to be a Sovereign, Socialist, Secular and Democratic Republic. The term democratic denotes that the Government gets its authority from the will of the people. It gives a feeling that they all are equal irrespective of the race, religion, language, sex and culture. The Preamble to the Constitution pledges justice, social, economic and political, liberty of thought, expression, belief, faith and worship, equality of status and of opportunity and fraternity assuring the dignity of the individual and the unity and integrity of the nation to aid its citizens.

India was a signatory to the Universal Declaration of Human Rights. A number of fundamental rights guaranteed the individuals in Part III of the Indian Constitution are similar to the provisions of the Universal Declaration of Human Rights.

VI. International humanitarian law and world human rights

International humanitarian law and international human rights law are two different but complementary legal systems. Both deal with the protection of life, health and the dignity of the individual. IHL applies in armed conflict, while human rights apply at all times both in peace and in war. The main difference in their application is that international human law allows a state to suspend a number of human rights if it faces a situation of emergency. IHL can only be suspended in the cases provided for in Article 5 of the Fourth Geneva Convention.

The IHL rules deal with many subjects that are not within the scope of IHRL, such as the conduct of hostilities, fighters and prisoners of war as well as the protection of the emblems of the Red Cross and the Red Crescent emblems. IHRL deals with aspects of life in peace time that are not regulated by IHL, such as freedom of the press, the right to assembly, to vote and to strike.

The separate development of these two beaches of international law has always limited the influence that they might have had upon each other. However, makes the establishment of certain closer links between these two legal domains conceivable. The turning point, at which humanitarian law and human rights gradually came together, came in 1968 during the international human rights conference in Tehran, where the United Nations first examined the application of human rights in armed conflict.

Delegates adopted a resolution calling on the United Nations Secretary-General to review developments in humanitarian law and to consider measures to promote compliance. Humanitarian law thus branched out from its usual course of development and found a new opening within the UN, which had neglected it unlike human rights, to which UN attention had been given from the start. The convergence that began in 1968 slowly continued over the years and is still in progress today.

Human rights texts increasingly do express ideas and concepts that are typical of humanitarian law. The reverse phenomenon, while much rarer, has also occurred. In other words, the gap that still exists today between human rights and humanitarian law is narrowing. Influences from both sides are tending to bring the two spheres together. The interdependence of human rights and humanitarian law is also reflected in the work of the bodies responsible for monitoring and applying international law.

Outside of official circles, too, the convergence of human rights and humanitarian law is increasingly felt in the form of private initiatives. Law scholars are increasingly concerned with situations of widespread violence, but which cannot be said to have reached the point where they could be characterized as armed conflict and where humanitarian law could apply. Such situations often result in the state in question declaring a state of emergency and overriding most of the human rights it has to respect. If such exemptions, as we have seen, must remain the exception and are in any case excluded for certain rights, there is a risk that a legal gap will arise in this area. In order to fill it, a new approach is needed for the protection of the individual. It becomes clear that legal instruments should be developed by combining elements of humanitarian and human rights in order to establish rules that apply in both times of peace and times of war.

United Declaration of Human Rights

The traumatic events of World War II showed that human rights are not always generally respected. The extermination of nearly 17 million people during the Holocaust, including 6 million Jews, appalled the world. After the war, governments around the world made concerted efforts to promote international peace and prevent conflict. This led to the creation of the United Nations in June 1945.

In 1948, representatives of the 50 member states of the United Nations, led by Eleanor Roosevelt (First Lady of the United States 1933-1945), met to draw up a list of all human rights that everyone in the world should enjoy.

On December 10, 1948, the General Assembly of the United Nations announced the Universal Declaration of Human Rights (UDHR) include 30 rights and freedoms that belong to us all. Seven decades later, the rights contained therein continue to form the basis of all international human rights law.

Eleanor Roosevelt was heavily involved in the defense of civil rights and social activism. She was appointed Chair of the United Nations Human Rights Commission, which drafted the UDHR. On the tenth anniversary of the UDHR, Eleanor gave a speech at the United Nations entitled "Where do human rights begin?" Part of his speech became famous for understanding why human rights apply to each of us in all aspects of our daily lives:

“After all, where do universal human rights begin? In small places, near home -so close and so small that they cannot be seen on any map of the world. Yet they are the world of the individual; the neighborhood in which he lives; the school or college he is attending; the factory, farm, or office where he works. These are the places where every man, woman and child strive for equality of justice, equal opportunity and dignity without discrimination. If those rights don't make sense out there, they don't make sense anywhere. Without concerted citizen action to support their homeland, we will look in vain for progress around the world.12

Eleanor Roosevelt, 1958

The UDHR represented a significant change in daring to say that all people are free and equal, regardless of their skin color, belief or religion. For the first time, a global agreement put people, not power politics, at the center of its agenda.

There is also a more technical reason: the draft of the codification of the human rights law consists of two parts. On the one hand, it was a matter of proclaiming a solemn and brief declaration based on the most important declarations of national rights. As a proclamation of the General Assembly of the United Nations, the text would not have had binding legal force. On the other hand, what was needed was a binding legal instrument, a much more detailed text containing all the rights previously proclaimed, giving them all their weight and expressing them in the form of a positive rule for all. It was the draft of an international human rights covenant. During the preparatory work it was often emphasized that the declaration was not a legal text and should therefore not be short and concise and contain cumbersome and unnecessary elaborations if it is to retain its strength and specific role.

Is the Universal Declaration legally binding?

The General Declaration is not a treaty and therefore does not create any direct legal obligations for the countries.

However, it expresses the core values that all members of the international community share. And it had a profound influence on the development of international human rights. Some argue that because countries have consistently invoked the declaration for over sixty years, they have become binding under customary international law.

The Universal Declaration has given rise to a number of other international agreements that are legally binding on countries that ratify it.

It includes the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Other binding agreements which expand on the rights contained in the Universal Declaration are:

  • The Convention on the Elimination of All Forms of Racial Discrimination 1965
  • The Convention against Torture and Other Cruel, Inhuman Treatment or Punishment 1984
  • TheConventionontheEliminationofAllFormsofDiscriminationagainstWomen1979
  • The Convention on the Rights of Persons with Disabilities 2006
  • The Convention on the Rights of the Child 198913

VII. Human rights violation

Human rights activists agree those sixty years after its publication, the Universal Declaration of Human Rights (UDHR) is still more of a dream than a reality. There are violations in all regions of the world. Amnesty International's 2009 World Report and other sources declare that individuals:

Tortured, ill-treated in at least 81 countries

At least 54 countries face unfair trials

Restricting their freedom of expression in at least 77 countries

In addition, women and children in particular are marginalized in many ways, the press is not free in many countries and dissidents are too often permanently silenced. While some progress has been made in the past six decades, human rights abuses plague the world to this day.

This section provides examples of violations of articles of the Universal Declaration of Human Rights (UDHR):

ARTICLE 3 - THE RIGHT TO LIVE FREE OF CHARGE

It says that everyone has the right to life, freedom and personal security.

An estimated 6,500 people were killed in the 2007-armed conflict in Afghanistan - almost half of them non-fighting civilians killed by insurgents. Hundreds of civilians were also killed in suicide attacks done by armed groups.

In Brazil, the police killed at least 1,260 people in 2007 - the highest number to date. All incidents were officially labeled "acts of resistance" and little or no investigation was made.

In Uganda 1,500 people die in refugee camps every week. According to the World Health Organization, 500,000 people died in these camps.

The Vietnamese authorities forced at least 75,000 drug addicts and prostitutes into 71 overcrowded "rehabilitation" camps.

Article 4 - No Slavery

Over the past twenty years, forcing soldiers or sex slaves for the military.

In Guinea-Bissau, children aged five and over are driven out of the country to work in the cotton fields in southern Senegal or as beggars in the capital. In Ghana, children between the ages of five and fourteen are misled into dangerous, unpaid jobs in the fishing industry with false promises of education and a future.

In Asia, Japan is the main target country for trafficking in women, especially women from the Philippines and Thailand. UNICEF estimates sixty thousand child prostitutes in the Philippines.

The US State Department estimates that nearly 600,000 to 820,000 people are trafficked across international borders each year, half of whom are minors, including a record number of women and girls fleeing the world. "Iraq. In almost all countries, including Canada, the United States, and the United Kingdom, deportation or harassment is the usual non-victim government response.

In the Dominican Republic, a network of human traffickers killed 25 Haitian migrant workers. In 2007, two civilians and two military officers were sentenced to mild terms for participating in the operation.

In Somalia in 2007, more than 1,400 Somali and Ethiopian displaced persons died at sea in human trafficking operations.

Article 5 - No Torture

It means nobody should be tortured or subjected to cruel, inhuman or degrading treatment or punishment

In the year 2008, American authorities continued to detain 270 prisoners in Guantánamo Bay, Cuba, without charge or trial, and subject them to waterboarding which is a form of torture that simulates drowning. Former President George W. Bush allowed the CIA to continue clandestinely detention and interrogation despite violating international laws.

Violence, atrocities and kidnappings are widespread in Darfur and outside aid is all but cut off. Women in particular are victims of rampant assaults, with more than 200 rapes near an internally displaced person's camp within five weeks without the authorities trying to punish the perpetrators.

In the Democratic Republic of the Congo, torture and ill-treatment, including beatings, stings and prolonged rape of detainees, are regularly committed by state security services and armed groups. Detainees are held without contact with the outside world, sometimes in secret places of detention. In 2007, the Republican Guard (Presidential Guard) and the Kinshasa Special Services Police Division arbitrarily arrested and tortured many people identified as critical of the government.

ARTICLE 13 - FREEDOM OF MOVEMENT

1. Everyone has the right to move and reside within the boundaries of any state.

2. Everyone has the right to leave any country, also his own, and to return to his country.

In Algeria, refugees and asylum seekers are often the victims of detention, deportation or abuse. Twenty-eight people from sub-Saharan countries with official refugee status from the United Nations High Commissioner for Refugees (UNHCR) were deported to Mali after being wrongly tried for illegal entry into Algeria without a lawyer or interpreter. They were thrown near a desert town where a Malian armed group was operating with no food, water or medical assistance.

The authorities violated international refugee law in Kenya by closing the border to thousands of people who fled armed conflict in Somalia. Asylum seekers have been illegally detained at the Kenyan border without trial or charge and were forcibly returned to Somalia.

In northern Uganda, 1.6 million citizens remained in camps for displaced persons. In the Acholi region, hardest hit by armed conflict, 63 percent of the 1.1 million displaced persons in 2005 were still living in camps in 2007, and only 7,000 were permanently returning to their homes.

Everyone has the right to freedom of conscience, thought and religion. This right includes the freedom to change religion or belief, and the freedom, alone or in association with others and publicly or privately, to manifest one's religion or belief in doctrine, practice, worship and observance.

In Myanmar, the military junta put down peaceful monk-led protests, attacked and closed monasteries, confiscated and destroyed property, shot, beaten and detained protesters, and harassed or detained hostage-taking friends and members of the protesters' families.

In China, Falun Gong practitioners were selected for torture and other abuse while in detention. Christians were persecuted for practicing their religion outside of officially recognized channels.

In Kazakhstan, in a community near Almaty, local authorities approved the demolition of twelve houses, all owned by Hare Krishna, and falsely accused the land on which the houses were built of being illegally acquired. Only the homes of members of the Hare Krishna community were destroyed.

ARTICLE 19 - FREEDOM OF EXPRESSION

Everyone has the right to freedom of speech and expression. This right includes the freedom to express opinions without interference and to exchange information and ideas through all media and regardless of the borders.

Dozens of human rights defenders were arrested and tortured by national intelligence and security forces in Sudan.

In Ethiopia, two human rights defenders were convicted of false charges and sentenced to nearly three years in prison.

A well-known human rights defender was murdered in Somalia.

In the Democratic Republic of the Congo, the government is attacking human rights defenders and restricting their freedom of expression and association. In the year 2007, the provisions of the 2004 Press Act were used by the government to censor newspapers and freedom of expression was restricted.

Russia has taken action against political disagreements, pressured or shut down independent media and harassed non-governmental organizations. Peaceful public protests were violently broken up, and lawyers, human rights defenders and journalists were threatened and attacked. Since 2000, the murders of seventeen journalists, all of whom are critical of the government's policies and actions, have still not been solved.

At least 37 members of the Iraqi media network were killed in Iraq in 2008 and a total of 235 since the March 2003 invasion, making Iraq the most dangerous place in the world for journalists.14

VIII. Conclusion

15In studying human rights through a philosophical lens, this chapter succeeded in recognizing the moral or ethical dimensions lying at the foundation of human rights. Although it was acknowledged that humans by nature tend to behave ethically, it became evident that persistent human rights violation through human behavior necessitates the inclusion of human rights within a legal framework. This allows for obliging not only governments but also private individuals to adhere to the responsibilities indispensably linked to human rights. It also empowers those whose human rights are violated to legitimately claim compliance to normative legal imperatives. The interplay between the egoistic nature of humans and the need for humans to harmoniously co-exist in society amongst other humans depicted the effect of society-specific conditions on human behavior. It came to the fore that humans, with their own individual set of morals and beliefs, need to be well educated in order to adopt and adapt to mutually acceptable behavior that would be to the benefit of all living in such a society. Reference to the persistent occurrence of human rights violations globally underscored the gap, despite the widely acceptance of human rights in their ethical, legal, political, and historical dimensions that remains to exist between both moral and legal ideals and the extent to which effect is given to human rights in reality. This keeps the gate open for furthering the debate pertaining to how human behavior needs to be adopted to realize human rights, at least those pertinent to meaningful human existence, to their fullest potential.

*****

Footnotes

  1. Author is a student at Amity Law School Noida, India.
  2. Author is a student at Amity Law School Noida, India.
  3. Peace, dignity and equality on a healthy planet (Feb. 20, 2021), Human Rights | United Nations.
  4. Human rights -Defining human rights| Britannica (Feb. 20, 2021), https://www.britannica.com/topic/human-rights/Defining-human-rights.
  5. Education_Human_Rights_and_Peace_in_Sust.pdf
  6. Human Rights laws in India - Human Rights lawyers (legalservicesindia.com)( Feb. 22, 2021 ) ,http://www.legalservicesindia.com/law-india/Human-Rights-law-in-India.htm.
  7. Human rights - Defining human rights | Britannica ( Feb. 22, 2021 ) , https://www.britannica.com/topic/human-rights/Defining-human-rights.
  8. Education_Human_Rights_and_Peace_in_Sust.pdf
  9. Human rights - Wikipedia (Feb. 23, 2021), https://en.m.wikipedia.org/wiki/Human_rights.
  10. Education_Human_Rights_and_Peace_in_Sust.pdf
  11. Human Rights laws in India - Human Rights lawyers (legalservicesindia.com) ( Feb. 23, 2021 ) , http://www.legalservicesindia.com/law-india/Human-Rights-law-in-India.htm.
  12. WhatisUniversaldeclaration of Human Rights ? (Feb. 25, 2021) , https://www.amnesty.org.uk/universal-declaration-human-rights-UDHR.
  13. What is Universal Declaration of Human Rights? (Feb. 2 6, 2021), https://humanrights.gov.au/our-work/what-universal-declaration-human-rights.
  14. WhatareHuman Rights? ( Feb. 27, 2021 ) , https://www.humanrights.com/what-are-human-rights/violations-of-human-rights/freedom-to-move-and-thought.html.
  15. Education_Human_Rights_and_Peace_in_Sust.pdf
How to Cite
Dhasmana, S., Nikita (2021). Human Rights. International Journal of Legal Science and Innovation, 3(3), 824-838. https://ijlsi.com/article/view/human-rights