Every 10th of December, the entire globe commemorates Human Rights Day. This international observance has been celebrated annually since the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR) in 1948. The purpose of observing this day is to highlight the principles of equality, peace, justice, freedom, and protection of human dignity, as these form the core of human rights itself.
The theme for Human Rights Day 2021 was “EQUALITY – Reducing inequalities, advancing human rights”. The choice of this theme underscores the universal entitlement to rights without regard to race, color, religion, sex, language, or social status. The message resonates with Nelson Mandela’s assertion that ‘Denying people their human rights amounts to challenging their very humanity’.
The Nature of Human Rights
Human rights are held by all individuals by virtue of their humanity, and are irrespective of a person’s race, sex, nationality, ethnicity, language, religion, or any other status. Some of the most fundamental human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education and various others.
International Protocols on Human Rights
The Universal Declaration of Human Rights (UDHR) lists a total of 30 distinct rights and freedoms that encompass civil, political, economic, and social spheres. Some of these rights include the right to life, liberty, free speech, privacy, social security, health, and education. Although the UDHR is not a treaty, it does provide the framework for the drafting of numerous other international treaties and conventions on human rights such as The International Covenant on Civil and Political Rights and its two Optional Protocols, and the International Covenant on Economic, Social and Cultural Rights and its Optional Protocol, which together make up the International Bill of Human Rights.
Human Rights Bodies and Conventions
In addition to the UDHR, there are several other important Human Rights conventions and bodies. It includes conventions dealing with the prevention and punishment of genocide, racial discrimination, discrimination against women, rights of the child, and rights of persons with disabilities among others.
The Human Rights Council (HRC) is a critical body within the United Nations system, responsible for strengthening the promotion and protection of human rights. The HRC engages in a Universal Periodic Review, which evaluates the human rights records of all 192 UN member states every four years. The Office of the High Commissioner for Human Rights serves as the secretariat for the HRC.
Similarly, there is Amnesty International which is an international organization devoted to campaigning for human rights worldwide. This organization brings out independent reports on the violation of human rights all over the world.
Human Rights in The Indian Context
Since its inception, the Indian Constitution has incorporated most of the rights enumerated in the Universal Declaration into two categories: Fundamental Rights and the Directive Principles of State Policy.
The Fundamental Rights are defined in Articles 12 to 35 of the Constitution and include rights such as the right to equality, freedom, non-exploitation, religious freedom, cultural & educational rights, and the right to constitutional remedies among others.
The Directive Principles of State Policy, laid out in Articles 36 to 51 of the Constitution, formulate the governing principles that the State ought to follow. These principles encompass rights to social security, work, free choice of employment, protection from unemployment, equal pay, existence worthy of human dignity, free & compulsory education, equal justice & free legal aid and so on.
Additionally, the Protection of Human Rights Act of 1993, as amended in 2019, established a National Human Rights Commission at the Union level along with State Human Rights Commissions in States and Human Rights Courts to ensure better protection of human rights.
The Indian government has also instituted several initiatives targeting different sections of society like the poor, women, children, trans-genders, disabled persons, and migrants. These initiatives aim at promoting and protecting their human rights.