Human Rights: A Comprehensive Overview
Concept of Human Rights
In primitive societies, human communities enjoyed freedom. As societies evolved, exploitation, violence, and inhumane treatment among individuals increased, leading to conditions where people were treated as commodities, bought and sold like slaves. This sparked a movement against such oppression, rooted in the pursuit of justice, morality, and dignity. This struggle against exploitation forms the conceptual foundation of human rights.
Introduction to Human Rights
Human rights are the inherent rights every individual possesses by virtue of being human. These are the minimum rights necessary for living with dignity and are universally recognized, inalienable, indivisible, and non-derogable. They include:
- Civil and political rights
- Economic, social, and cultural rights
- Special rights for minorities, indigenous groups, women, children, and the elderly
- Rights related to development and shared human heritage
Societies without human rights protection are weak, impoverished, and lack empathy, hindering sustainable development. Thus, human rights are enshrined in legal and constitutional frameworks. The United Nations Charter first emphasized global human rights protection, reinforced by the Universal Declaration of Human Rights (UDHR) in 1948. In Nepal, human rights have been recognized since the Government of Nepal Act, 1948, and are now embedded in the current constitution.
Meaning and Definition
Human rights refer to rights recognized by international law as inherent to all individuals, regardless of race, language, religion, gender, nationality, or socioeconomic status. According to Thomas Jefferson, “All men are created equal and endowed by their creator with certain inalienable rights, including life, liberty, and the pursuit of happiness.” In Nepal, the National Human Rights Commission Act, 2068 defines human rights as those related to life, liberty, equality, and dignity, as provided by the constitution, laws, and international treaties.
Principles of Human Rights
Human rights are grounded in principles ensuring dignity, equality, and public welfare, including:
- Universality: Applicable to all without discrimination.
- Inalienability: Cannot be taken away by any authority.
- Indivisibility: Interconnected and interdependent rights.
- Equality and Non-Discrimination: Equal entitlement for all.
- Human Dignity: Protects against inhumane treatment.
- Rule of Law: Ensures effective protection through legal governance.
- Accountability: States are responsible for respecting and protecting rights.
- Participation and Inclusion: Right to engage in public and decision-making processes.
- Empowerment: Strengthens marginalized communities.
- Progressive Realization: Gradual implementation of economic, social, and cultural rights.
- Respect for International Law: Compliance with global human rights treaties.
Classification of Human Rights Documents
Human rights documents are categorized into:
- International Human Rights Instruments: Legally binding treaties and conventions.
- Universal Human Rights Instruments: Non-binding declarations, principles, and guidelines that provide moral and practical standards.
Evolution of Human Rights
The concept of human rights evolved through:
- Philosophical thoughts by Confucius, Plato, and Aristotle (600-500 BCE).
- Milestones like the Magna Carta (1215), Petition of Rights (1628), and Bill of Rights (1689).
- The American Declaration of Independence (1776), emphasizing equality and inalienable rights.
- The French Declaration of the Rights of Man and Citizen (1789).
- The UN Charter (1945) and the UDHR (1948), codifying global human rights.
Importance of Human Rights
Human rights:
- Promote dignity and respect.
- Foster freedom and self-reliance.
- Ensure global peace and security.
- Advance human civilization and development.
- End injustice, discrimination, and inequality.
- Strengthen national and international relations.
- Resolve conflicts sustainably.
- Empower marginalized communities.
Nature and Scope
Human rights originate from international law but are implemented nationally. States localize international treaties, prioritizing them over conflicting domestic laws. Their universal nature extends their scope to both national and international levels.
Core Human Rights Conventions
Nepal is a party to seven core conventions, including those on racial discrimination, civil and political rights, and women’s rights, but has yet to ratify conventions on migrant workers and enforced disappearances.
Implementation of Treaties
Implementation varies by country, guided by monism (automatic incorporation of treaties) or dualism (requiring domestic legislation). States must report compliance regularly.
Sources of Human Rights
Key sources include the UN Charter, UDHR, international treaties, customary international law, and judicial decisions.
Classification of Human Rights
Human rights are classified by:
- Nature: Negative (requiring state non-interference) and positive (requiring state investment).
- Origin: First (civil and political), second (economic, social, cultural), third (collective), and fourth (autonomy-related) generation rights.
- Form: Civil/political and economic/social/cultural rights.
- Usage: Individual and collective rights.
State Obligations
States must respect, protect, and fulfill human rights, ensuring non-interference, safeguarding against violations, and promoting access through legal and administrative measures.
Human Rights in Nepal
Nepal’s constitution recognizes human rights as fundamental, supported by the National Human Rights Commission and various laws. However, challenges include inadequate legal frameworks, unimplemented recommendations, and limited institutional capacity.
Recommendations for Nepal
To strengthen human rights, Nepal should:
- Align laws with international treaties.
- Ratify remaining conventions.
- Ensure transparent legal processes.
- Address past violations from the civil war.
- Enhance institutional capacity and public awareness.