Sunday, April 12, 2009

INHERENT FACTS ABOUT BASIC HUMAN RIGHTS



The human rights syndrome is a global phenomenon, for every one happens to talk about or refer to their so call human rights while even indulging in negative tendencies in the guise and pretext of seeking and exercising their rights. Apparently, some are ignorant of their fundamental human rights. It is with such exigencies that I am spurred to pen down those aspects that are inherent in our quest for our basic human rights.

Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethic origin, colour, religion, language, or any other statue. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.

Universal human rights are often expressed and guaranteed by law, in forms of treaties, customary international law, general principles and other sources of international law.International human rights law lays down obligations of governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals and groups.

The principle of universality of human rights is the cornerstone of international human rights law. This principle, as first emphasized in the Universal Declaration on Human Rights in 1948, has been reiterated in numerous international human rights conventions, declarations, and resolutions. The 1993 Vienna World Conference on Human Rights, for examples, noted that it is the duty of States to promote and protect all human rights and fundamental freedoms, regardless of their political, economic and cultural systems.

All States have ratified at least one, and 80 percent of States have ratified four or more, of the core human rights treaties, reflecting consent of States which creates legal obligations for them and giving concrete expression to universality, some fundamental human rights norms enjoy universal protection by customary international law across all boundaries and civilizations.
Human rights are inalienable. They should not be taken away, except in specific situations and according to due process. For example, the right to liberty may be restricted if a person is found guilty of a crime by a court of law.

Furthermore, all human rights are indivisible, whether they are civil and political rights, such as the right to life, equality before the law and freedom of expression, economic, social and cultural rights, such as the rights to work, social security and education, or collective rights, such as the rights to development and self determination, are indivisible, interrelated and interdependent. The improvement of one right facilitates advancement of the others. Likewise, the deprivation of one right adversely affects the others.

Non-discrimination is a cross-cutting principle in international human rights law. The principle is present in all the major human rights treaties and provides the central theme of some of international human rights conventions such as the International Convention on the elimination of All Forms of Discrimination against Women.

The principles applies to everyone in relation to all human rights and freedoms and it prohibits discrimination on the basis of a list of non-exhaustive categories such as sex, race, colour and so on. The principles of non-discrimination is complemented by the principles of equality, as stated in Article 1 of the Universal Declaration of Human Rights: “ All human beings are born free and equal in dignity and rights,”

Human rights entail both rights and obligations. States assume obligation and duties under international law to respect, to protect and to fulfill human rights. The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights abuses. The obligation to fulfill means that States must take positive action to facilitate the enjoyment of basic human rights. At the individual level, while we are entitled to our human rights, we should also respect the human rights of others.

Examining all these facts especially that the ‘State must refrain from interfering with or curtailing the enjoyment of human rights’ actually denotes all humans are no longer slaves so should actually live in peace and freedom but does this rights empower us to act or do just what ever?

Even in Christianity, we have been exposed to what is right and wrong. We are encouraged to abide in good deeds, morals and precepts but we are not compelled to act right; but then we are informed of the consequences of choosing the negative side of life. Remember the’ law of Karma’ – or retribution of justice in its execution or outcome. So, as a line in a song titled ‘PEACE’ by my mother goes – ‘we may bend the law but don’t break it.’

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