Introduction
"Human Rights" refers to the body of international law that developed after the 1948 Universal Declaration of Human Rights. The legal approach to human rights is fragmented and internally diverse; some contend that for something to be considered a human right, it must be enforceable, while others avoid the enforceability issue. However, there is a critical point that all these approaches agree on before the concept of human rights can be taken seriously as a component of international law; it must be codified, recognised by law, and legislated (Goodale & Merry, 2007). Human rights are privileges we enjoy merely by being human; no state can bestow them. We are all granted access to these rights regardless of gender, sex, ethnicity, race, colour, country, religion, or another status. Following those that make life valuable, such as the rights to food, education, employment, health, and liberty, the most essential is the right to life (Banerji, 2023). The first legal Declaration to outline the fundamental human rights that should be universally protected was the Universal Declaration of Human Rights (UDHR), which the UN General Assembly adopted in 1948. All international human rights law is still built on the Universal Declaration of Human Rights (UDHR), which reached 70 in 2018. All future and current human rights conventions, treaties, and other legal agreements are founded on its 30 articles (Nations, 2018).
Due to this, human rights laws, recognised in the form of treaties, bodies of principles, etc., are used to defend people's fundamental rights and dignity from any interference. These laws establish some guidelines, rules, and restrictions that protect people's rights to follow the right directions. All people have these inalienable rights, which are safeguarded by international law, simply because they are fellow humans with universal applicability, regardless of their location, age, origin, or status. Except under extraordinary and unique conditions, these rights would not be restricted.
Human rights defenders are a microcosm of the decades-long arguments made for and against protecting human rights by states at the United Nations and within states. These arguments may have recently gained momentum with the rise of nationalist and populist regimes worldwide (Voss, 2022).
Historical Background
The Universal Declaration of Human Rights was enacted by the United Nations General Assembly in 1949, bringing to fruition the fundamental principle behind the application of human rights following World War II and the Holocaust incident. Before this time, individuals thought and understood human rights differently (Smith, 2022). Natural rights are all about the debate that comes before the future evolution of human rights, which was heavily highlighted during the French and American Evolutionary dialogue. By the 20th century's close, the conversation about contemporary human rights began. The end of the 20th century saw an evaluation of modern human rights.
The UN General Assembly's 1948 endorsement of the Universal Declaration of Human Rights was celebrated on this day every year. The Assembly's adoption of resolution 423 (V), which urged all States and interested groups to designate December 10 as Human Rights Day each year, marked the official start of Human Rights Day in 1950 (Nations, 2021). On December 10 of each year, the world celebrates Human Rights Day.
The Universal Declaration of Human Rights (UDHR), which the UN General Assembly formally ratified in 1948, is the first legal Declaration that outlines the fundamental human rights that must be maintained globally or worldwide. It is acknowledged as the primary source of the 30 articles that outline the ethical standards and rights of every person in the International Human Rights Laws (Spadaro, 2020). For the international rules of economic, social, political, and cultural rights, the UDHR created the International Bill of Rights.
Nature and Characteristics of HR (Human Rights)
1.Regardless of prejudice, everyone has the right to respect human rights (Schiariti, 2020)
2.Human rights cannot be taken away except for a few limited circumstances, such as when the law forbids exercising a person's right to liberty or freedom due to a criminal record against that person.
3.These freedoms are available to everyone, everywhere, and without restriction in any way.
4.Because they are all impacted when one of these rights is violated, these rights are incredibly intertwined and interdependent. Therefore, the importance of each freedom to a person's worth as a person is equal.
5.Everyone in the universe has the inherent human rights outlined in the UDHR's (Universal Declaration of Human Rights) articles, regardless of their state of life and without any form of exception (Organizaton (WHO), 2018)
6.These are everyone's fundamental rights.
7.Human rights cannot be split regardless of cultural, economic, political, or another status.
8.The ability to make decisions about their lives makes each suitable participant.
Categorization of Human Rights
Human rights can mainly be divided into two categories: social, economic, and cultural rights, and political and civil rights.
Articles 3 through 21 of the Universal Declaration of Human Rights guarantee political and civil rights. Similar to how social, economic, and cultural rights are discussed in articles 22 through 28 of the UDHR, many requests are successfully recognised (Yamin & Habibi, 2020).
The following list contains the articles of the UDHR that discuss rights:
Article 1 which says about the right to equality, regardless of age, culture, race, sexuality, or economic situation.
Article 2 says about the right to freedom without any discrimination.
Article 3 says about the freedom and security of one's person.
Article 4 says about the freedom from slavery, which prohibits anyone from making another person perform labour.
Article 5 says about the freedom from torture, harsh abuse, and degrading treatment.
Article 6 says that regardless of whether they are students, visitors, or immigrants, they have the rights to be recognized as Persons in Court.
Article 7 says about the rights to protection in a court of law and equality before the law.
Article 8 says about the ability to seek relief from the appropriate tribunal.
Article 9 talks about the freedom from imprisonment without cause and the freedom to select and change one's religion or worldview.
Article 10 says about the right to a fair public hearing and the freedom to voice one's views without restraint.
Article 11 says about the privilege of having one's innocence upheld until one's guilt is established.
Article 12 says about the freedom to live in privacy, free from outside intrusion.
Article 13 says about the freedom to travel without restriction anywhere globally.
Article 14 says the right to seek refugee if one is persecuted outside one's own country.
Article 15 says about the privilege of having a nationality, notwithstanding that everyone can change it at will.
Article 16 says the freedom to marry and have children regardless of race, religion, or nationality.
Article 17 says about the privilege of property ownership.
Article 18 says about the freedom and right to practice one's beliefs, including religion.
Article 19 says about the right to possess one's information and opinions.
Article 20 says about the ability to pursue or advance the common interest and the right to have an assembly or association without being required to participate in it
Article 21 says about the right to vote and participate in elections and government.
Article 22 says about the entitlement to social security, cultural rights, and economic self-expression.
Article 23 says about the ability to join unions and perform the desired work without physical or mental coercion.
Article 24 says the right to take time off for vacations, a few weeks off, recessions, etc.
Article 25 says about the right to live a comfortable, prosperous life.
Article 26 says about the right to education, which made people aware of the necessary respect due to human rights.
Article 27 says about the right to participate in a community's cultural life.
Article 28 says about the right to a social and international structure where the freedoms and rights outlined in this Declaration can be fully exercised.
Article 29 says about the authority to assign communal responsibilities for development.
Article 30 says the freedom to exercise the above right without any authority's interference.
Challenges of Human Rights
Human rights violations interfere with or interrupt a person's legal rights. Aside from individuals, it is common for governments to degrade marginalized people by considering them as part of poverty and oppression victims (Lebret, 2020).
Cases of Issues related to HR violence
The following discussion addresses the global human rights challenges.
- Several nations are deliberately violating human rights. One of the heartbreaking examples is the Islamic practice of putting children to death. The fact that this nation has the highest global ranking for death sentences does not indicate that it is a progressive one. A religious minority may experience even severe discrimination (Baum & Hai, 2020).
- Human rights violations are a widespread problem in underdeveloped nations. The United Nations General Assembly discussed the rights to progress for all people in 1986. However, because it is a legal right that recognizes development as a crucial component for appropriately protecting human rights, it is explicitly stated that no one can enforce it.
- Prisoners of war are yet another vital illustration of human rights. War has significantly violated human rights over the past 20 years, contributing to the terror that helped undermine international human rights. Human rights must be fully implemented if humanity is to be restored (Broberg & Sano, 2018).
- The effects of human rights breaches are felt in emerging nations. Treating a person or a group of individuals based on their gender and sexual orientation has become a common problem in the 21st century. For example, a rape victim or someone with HIV/AIDS may be the victim of human rights abuse, even though many countries or portions of them have taken highly progressive steps in the direction of the LGBTQ+ community (McDougal et al., 2018).
- The most significant persistent violation of human rights worldwide is human trafficking. In this case, the bulk of the sex trade's victims is discovered to be girls and women. Human trafficking is a common tactic used by terrorist organizations and other armed groups to incite fear among the populace and influences authorities and governments.
Protectors of Human Rights
Whether or not human rights are being adequately upheld, government, national institutions, and UN bodies take care of them. Other organisations that protect human rights include Human Rights Watch, the World Organisation Against Torture, Freedom House, Anti-Slavery International, and others. These organisations collect and safeguard objective evidence of human rights violations.
International Human Rights Laws
In the context of global public order, international human rights law (IHRL) occupies a unique position as the area of law that consistently and immediately advances human dignity. IHRL furthers its goal by requiring states to implement a broad range of legal and policy measures to safeguard and promote people's fundamental rights under their authority. IHRL is a branch of public international law that has been compared to the direction of the sea, international investment law, and the law of treaties as specialised fields of study. In law schools, it is typically taught as a stand-alone course that addresses individual or collective claims against states for violations of specific rights (Fellmeth & McInerney-Lankford, 2022).
International Human Rights Laws, a body under international law, are designated to promote human rights on a national and international level. IHRL stands for International Humanitarian Law, a subset of it that establishes some universal standards and guidelines that apply to all people as well as some exceptional standards for several unique circumstances, such as conflicts between military occupations and both states, for refugees, children, and war prisoners, because all have the potential to result in serious human rights breaches. As it sets norms and decreases the effects of armed conflicts, it is sometimes known as the "Law of War" or "Law of Armed Conflict" (Smith, 2022).
Human rights law (HRL) and humanitarian law (HL) differ primarily because the former can be applied in peacetime and war, typically for crimes against humanity. At the same time, the latter is only applicable during armed conflicts and when rules of war are broken.
Conclusion
Despite challenging goals, a sustainable and practical approach that upholds the dignity of various cultures and local traditions is necessary to defend human rights. People should be able to recognize and respect social, cultural, and other differences without prejudice. Instead of blaming culture, political affiliations, or specific people, they must understand the differences to stop abuses.
References
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