what are the 5 characteristics of human rights essay

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Characteristics of Human Rights

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In this article, we shall study meaning and characteristics of Human Rights.

Human beings are born equal in dignity and rights. These are moral claims which are inalienable and inherent in all individuals by virtue of their humanity alone, irrespective of caste, colour, creed, and place of birth, sex, cultural difference, or any other consideration. These claims are articulated and formulated in what is today known as human rights. Human rights are sometimes referred to as fundamental rights, basic rights, inherent rights, natural rights, and birthrights. A new development has established in the international law that protection of an individual’s human rights can no longer be completely entrusted to the state.

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 example, 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.

Dr. Justice Durga Das Basu defines Human Rights as: “Human rights are those minimal rights, which every individual must have against the State, or other public authority, by virtue of his being a ‘member of human family’ irrespective of any consideration. This definition brings out the essence of human rights. He also observed that human rights include those areas of individual or group freedom that are immune from government interference and these are rights that no one can be deprived of.

The Universal Declaration of Human Rights (UDHR), 1948, defines human rights as “rights derived from the inherent dignity of the human person.” Human rights when they are guaranteed by a written constitution are known as “Fundamental Rights” because a written constitution is the fundamental law of the state.

Justice Krishna Iyer observed: “Human rights are writ on a large canvass, as large as the sky. The law-makers, lawyers, and particularly judge, must make the printed text vibrant with human values.”

In Ram Deo Chauhan v. Bani Kant Das, AIR 2011 SC 615 case, the Supreme Court observed: “The term ‘human rights’ is a broad concept and cannot be straight-jacketed in narrow confines. any attempt to do so would truncate its all-embracing scope and reach, and denude it of its vigour and vitality.”

Characteristics of Human Rights:

Important characteristics of human rights are as follows:

Human Rights are Universal:

The principle that human rights are universal is a fundamental aspect of international human rights law. The idea behind the universality of human rights is that these rights are inherent to all individuals by virtue of their humanity, regardless of factors such as nationality, ethnicity, religion, gender, or any other distinguishing characteristic. Human rights are enforceable without a national border. Thus, human rights are universal because everyone is born with and possesses the same rights, regardless of where they live, their gender or race, or their religious, cultural, or ethnic background.

The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948, is a key document that underscores the universality of human rights. The UDHR explicitly states in its preamble that “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace in the world.” The universality of human rights is encompassed in the words of Article 1 of the Universal Declaration of Human Rights: “All human beings are born free and equal in dignity and rights.” They are not a monopoly of any privileged class of people. They are universal in nature, without consideration, and without exception.

This principle of universality is further reinforced by various international treaties and conventions that have been developed in subsequent years to address specific aspects of human rights. Governments, organizations, and individuals around the world are expected to respect, protect, and fulfill the rights outlined in these documents for everyone, without discrimination. While the implementation and realization of human rights may vary across different countries and regions, the core principle remains that human rights belong to every person simply by virtue of their humanity. This universal perspective is crucial for fostering a world where dignity, equality, and justice prevail for all individuals, regardless of their background or circumstances.

Human Rights are Inherent :

The notion of inherent human rights is central to the philosophy underlying international human rights law. It suggests that individuals do not need to earn or qualify for these rights; they are entitled to them simply by being human and these rights are not granted or conferred by any government, authority, or external entity. This perspective emphasizes the universality and inalienability of human rights. Thus, the idea is that human rights are a part of the inherent dignity and worth of every person, and they are not contingent upon factors such as nationality, race, gender, religion, or any other characteristic.

The Universal Declaration of Human Rights (UDHR), as mentioned earlier, explicitly recognizes the inherent dignity and equal and inalienable rights of all members of the human family. The term “inalienable” signifies that these rights cannot be surrendered, transferred, or taken away. They are an integral and non-negotiable aspect of human existence.

Inherent human rights provide a moral and legal foundation for advocating and protecting the well-being and dignity of individuals worldwide. This concept serves as the basis for the international community’s commitment to promoting and safeguarding human rights, striving to create a world where every person is treated with respect and is entitled to a set of fundamental rights and freedoms by virtue of their shared humanity.

Human Rights are Fundamental:

Human rights are grounded in the inherent dignity of every individual. They acknowledge that each person possesses an intrinsic worth by virtue of being human, irrespective of external attributes or circumstances. Human rights are universal, applying to all people regardless of nationality, ethnicity, religion, gender, or any other status. The universality of human rights emphasizes that certain rights are not the exclusive domain of particular groups or nations but are applicable to all human beings.

Human rights are indivisible, meaning that one right is not more important than another. They are also interdependent, as the realization of one right often depends on the fulfillment of others. For example, the right to education may be linked to the right to work. Human rights serve as safeguards against the abuse of power. By defining and recognizing certain rights, societies establish a framework that limits the actions of governments, institutions, and individuals, preventing the infringement of basic liberties.

Human rights promote the principles of justice and equality. They provide a framework for ensuring fairness in the treatment of individuals and groups, irrespective of differences, and strive to eliminate discrimination and inequality. The recognition and protection of human rights contribute to the establishment and maintenance of the rule of law. Governments are expected to govern in accordance with human rights principles, ensuring that laws and policies respect and uphold the rights of individuals. Human rights are integral to the idea of social progress and development. By ensuring that individuals have access to education, healthcare, and economic opportunities, human rights contribute to the overall well-being and advancement of societies. Human rights form the basis for international cooperation and diplomacy. Nations and organizations collaborate to promote and protect human rights globally, reflecting a shared commitment to the values articulated in various human rights instruments.

Thus, human rights are fundamental because they are deeply ingrained in the principles of dignity, universality, justice, and equality. They provide a moral and legal foundation for the construction of just and humane societies worldwide i.e., human Rights are fundamental rights because, without them, the life and dignity of man will be meaningless.

Human Rights are Imprescriptible:

The term “imprescriptible” in the context of human rights refers to the idea that these rights are not subject to prescription or expiration over time. In other words, human rights are considered enduring and timeless, and their validity and applicability persist without any time limit. This concept is rooted in the belief that certain rights are inherent to human beings and cannot be forfeited or extinguished by the passage of time, changes in circumstances, or any other factors.

The imprescriptibility of human rights is closely tied to their inherent and inalienable nature. Human rights are seen as essential aspects of human existence, and individuals possess them simply by virtue of being human. They cannot be surrendered, transferred, or renounced under any circumstances.

The Universal Declaration of Human Rights (UDHR), adopted by the United Nations in 1948, emphasizes the imprescriptible nature of human rights. The preamble of the UDHR recognizes that the “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace in the world.” Imprescriptibility underscores the ongoing commitment to protecting and promoting human rights. Societies, governments, and international bodies are expected to continuously uphold and respect human rights, irrespective of changing political, social, or economic circumstances.

Recognizing human rights as imprescriptible serves as a safeguard against potential abuses. It establishes a moral and legal foundation that prevents the violation or neglect of fundamental rights over time, emphasizing the enduring responsibility to protect individuals from discrimination, oppression, and injustice. Human rights are enshrined in various international treaties and conventions, creating a legal framework that reinforces their imprescriptible nature. These legal instruments often explicitly state that human rights are not subject to expiration and remain applicable at all times.

Thus, the imprescriptibility of human rights reflects the enduring and non-negotiable nature of these rights. It reinforces the idea that the protection and promotion of human rights are perpetual obligations that societies and governments must uphold to create a just and equitable world.

Human Rights are Inalienable:

The concept of inalienability in the context of human rights means that these rights are inherent to individuals and cannot be surrendered, transferred, or relinquished under any circumstances. Inalienable rights are considered an essential part of a person’s humanity, and individuals possess them by virtue of being human, independent of external factors such as nationality, race, gender, religion, or social status. 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. Human rights are conferred to an individual even after his death. The different rituals in different religions bear testimony to this fact.

Inalienable rights protect individuals from coercion, duress, or any form of pressure to relinquish their rights. Even if an individual expresses a willingness to give up certain rights, the principle of inalienability asserts that such agreements are void if made under circumstances that undermine genuine consent. The idea of inalienability implies that human rights are non-negotiable. Governments, institutions, and individuals are bound to respect and protect these rights regardless of political, economic, or social considerations. Human rights cannot be traded, sold, or bargained away.

Human rights acknowledge and protect the fundamental worth and value of each person, irrespective of external characteristics. Inalienability underscores that certain rights are an integral part of human identity and cannot be separated from it.

The principle of inalienability is explicitly mentioned in the Universal Declaration of Human Rights (UDHR). The preamble of the UDHR states that “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace in the world.” Various international human rights treaties and conventions emphasize the inalienable nature of the rights they enumerate. Legal frameworks at both national and international levels recognize that certain rights are inherent and cannot be waived, ensuring their consistent protection.

The principle of inalienability helps prevent the exploitation of vulnerable individuals or groups. It establishes a moral and legal barrier against actions that would compromise individuals’ essential rights, emphasizing the duty to protect these rights regardless of circumstances.

Thus, the inalienability of human rights reinforces the idea that these rights are fundamental, inherent, and indivisible from human existence. It serves as a safeguard against any attempts to diminish or compromise the essential rights and freedoms that belong to every individual by virtue of their humanity.

Human Rights are Indivisible:

Human Rights are not capable of being divided. They cannot be denied even when other rights have already been enjoyed. Irrespective of their relation with civil, cultural, economic, political, or social issues, human rights are inherent to the dignity of every human person. Consequently, all human rights have equal status, and cannot be positioned in a hierarchical order. Denial of one right invariably impedes the enjoyment of other rights. Thus, the right of everyone to an adequate standard of living (say right of health or right of education) cannot be compromised at the expense of other rights.

The concept of the indivisibility of human rights emphasizes that all human rights are interconnected and interdependent. It asserts that the fulfillment of one category of rights is often dependent on the realization of other rights, and neglecting one set of rights can undermine the enjoyment of the entire spectrum of human rights. This principle is fundamental to the understanding and implementation of human rights and is enshrined in various international documents, including the Universal Declaration of Human Rights (UDHR). The indivisibility principle encourages a holistic approach to human rights. It recognizes that a comprehensive and integrated approach is necessary for the protection and promotion of all human rights, and efforts should not be limited to specific categories of rights at the expense of others.

Human rights are not isolated or independent categories; they are interconnected. Civil and political rights (such as freedom of expression and the right to a fair trial) are often linked with economic, social, and cultural rights (such as the right to education and the right to work). The full realization of one right contributes to the realization of others. Indivisibility principle promotes social justice by recognizing the interdependence of rights. Addressing social and economic inequalities is not only a matter of economic policy but also a human rights imperative. Ensuring access to healthcare, housing, and education contributes to a just and equitable society.

Thus, Human Rights are not capable of being divided. They cannot be denied even when other rights have already been enjoyed. Irrespective of their relation with civil, cultural, economic, political, or social issues, human rights are inherent to the dignity of every human person. Consequently, all human rights have equal status, and cannot be positioned in a hierarchical order. Denial of one right invariably impedes the enjoyment of other rights. Thus, the right of everyone to an adequate standard of living (say right of health or right of education) cannot be compromised at the expense of other rights.

Human Rights are Essential and Necessary:

In the absence of human rights, the moral, physical, social, and spiritual welfare of an individual is impossible. Human rights are also essential as they provide suitable conditions for the material and moral upliftment of the people. Human rights are necessary for the fulfillment of the purpose of human life.

Human Rights are in Connection with Human Dignity:

All individuals are equal as human beings and by virtue of the inherent dignity of each human person. There should not be any discrimination on the grounds of race, colour, ethnicity, gender, age, language, sexual orientation, religion, political or other opinion, national, social or geographical origin, disability, property, birth or other status. Human dignity should be maintained. For e.g. In 1993, India has enacted a law that forbids the practice of carrying human excreta. This law is called the Employment of Manual Scavengers and Dry Latrines (Prohibition) Act.

Human Rights are Interdependent and Interrelated:

Human Rights are interdependent because the fulfilment or exercise of one cannot be had without the realization of the other. Each one contributes to the realization of a person’s human dignity through the satisfaction of his or her developmental, physical, psychological and spiritual needs. The fulfilment of one right often depends, wholly or in part, upon the fulfilment of others. For instance, the fulfilment of the right to health may depend, in certain circumstances, on fulfilment of the right to development, to education or to information.

Human Rights are Irrevocable:

Human rights are irrevocable. They cannot be taken away by any power or authority because these rights originate with the social nature of man in the society of human beings and they belong to a person simply because he is a human being. As such human rights have similarities to moral rights. No government has the power to curtail or take away the rights which are sacrosanct, inviolable and immutable.

Human Rights are Participative and Inclusive:

All people have the right to participate in and access information relating to the decision-making processes that affect their lives and well-being.

Human Rights are Never Absolute:

Man is a social animal and he lives in a civic society, which always put certain restrictions on the enjoyment of his rights and freedoms. Human rights as such are those limited powers or claims, which are contributory to the common good and which are recognized and guaranteed by the State, through its laws to the individuals. As such each right has certain limitations.

Human Rights are Dynamic:

The dynamism of human rights refers to their ability to evolve, adapt, and respond to the changing needs, values, and challenges of societies over time. The dynamic nature of human rights recognizes that the understanding of these rights can expand, new rights may emerge, and interpretations may evolve as societies progress and face new circumstances.

As societies progress and evolve, there is an increased awareness of different aspects of human well-being. New social, economic, cultural, and environmental challenges may emerge, leading to the recognition and formulation of rights that address these contemporary issues. Societal values and moral perspectives can change over time. Issues that were once overlooked or marginalized may gain recognition as human rights concerns. For instance, evolving attitudes towards gender equality and LGBTQ+ rights reflect changing societal norms. The core principle of human rights is the recognition of the inherent dignity of all individuals. As societal perspectives on dignity evolve, so too does the interpretation and expansion of rights to safeguard and promote human dignity in various contexts.

Emerging global challenges, such as climate change, migration, and public health crises, can prompt the recognition of new rights or the reevaluation of existing ones. The dynamic nature of human rights allows for responses to global issues that affect individuals across borders. The global nature of human rights requires ongoing international collaboration. Treaties, conventions, and agreements can be developed to address new challenges and promote the protection of rights on a global scale.

Technological advancements and increased knowledge about human needs and capabilities may lead to the identification of new rights. For example, the right to privacy in the digital age has become increasingly important as technology has advanced, influencing discussions about surveillance and data protection.

Legal interpretations and judgments by national and international courts contribute to the dynamic nature of human rights. Legal decisions can clarify and expand the scope of existing rights, setting precedents that influence the understanding and protection of human rights. Advocacy and social movements play a crucial role in highlighting and advancing human rights. Movements for civil rights, women’s rights, environmental rights, and other causes contribute to the evolution of human rights norms and standards.

While the foundational principles of human rights remain constant, their application and interpretation are dynamic, reflecting the changing nature of societies and the ongoing quest for justice, equality, and the protection of human dignity. The adaptability of human rights ensures their relevance and effectiveness in addressing contemporary challenges.

Human Rights Limit State Power:

States and other duty-bearers are answerable for the observance of human rights. In this regard, they have to comply with the legal norms and standards enshrined in international human rights instruments. So human rights limit the state’s power. Where they fail to do so, aggrieved rights-holders are entitled to institute proceedings for appropriate redress before a competent court or other adjudicator in accordance with the rules and procedures provided by law in form of writ petitions. For eg. Six freedoms that are enumerated under the right to liberty forbid the State from interfering with the individual. Individuals, the media, civil society and the international community play important roles in holding governments accountable for their obligation to uphold human rights.

Conclusion:

. We are born with these rights that are present until our death. All the humans surviving on this planet are entitled to these rights. The reason why these rights are formed is to protect anyone who wants to harm or to violate someone. These human rights give people the freedom to live and to express themselves as to how they want to. Everyone deserves to be themselves and this is supported by human rights. Understanding characteristics of human rights is important because knowledge of it helps us to fight for our rights.

Origins in ancient Greece and Rome

Natural law transformed into natural rights
“Nonsense upon stilts”: the critics of natural rights
The persistence of the notion
The nature of human rights: commonly accepted postulates
Liberté : civil and political rights
Égalité : economic, social, and cultural rights
Fraternité : solidarity or group rights
Liberté versus égalité
The relevance of custom and tradition: the universalist-relativist debate
Inherent risks in the debate
Developments before World War II
The UN Commission on Human Rights and its instruments
The UN Human Rights Council and its instruments
Office of the UN High Commissioner for Human Rights
The Universal Declaration of Human Rights
The International Covenant on Economic, Social and Cultural Rights
The International Covenant on Civil and Political Rights and Its Optional Protocols
Other UN human rights conventions and declarations
Human rights and the Helsinki process
Human rights in Europe
Human rights in the Americas
Human rights in Africa
Human rights in the Arab world
Human rights in Asia
International human rights in domestic courts
Human rights in the early 21st century

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U. S. Department of State - Human Rights
Internet Encyclopedia of Philosophy - Human Rights
The History Learning Site - Human Rights
Cornell University Law School - Human rights
Stanford Encyclopedia of Philosophy - Human Rights
Social Sciences Libretexts - Human Rights
human rights - Children's Encyclopedia (Ages 8-11)
human rights - Student Encyclopedia (Ages 11 and up)
Table Of Contents

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human rights , rights that belong to an individual or group of individuals simply for being human, or as a consequence of inherent human vulnerability, or because they are requisite to the possibility of a just society. Whatever their theoretical justification, human rights refer to a wide continuum of values or capabilities thought to enhance human agency or protect human interests and declared to be universal in character, in some sense equally claimed for all human beings, present and future.

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

Historical development

The expression human rights is relatively new, having come into everyday parlance only since 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 disfavour 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 . Legal positivism rejected the theory, long espoused by the Roman Catholic Church , that law must be moral to be law. The term human rights also replaced the later phrase the rights of Man, which was not universally understood to include the rights of women.

Most students of human rights trace the origins of the concept of human rights to ancient Greece and Rome , where it was closely tied to the doctrines of the Stoics , who held that human conduct should be judged according to, and brought into harmony with, the law of nature . A classic example of this view is given in Sophocles ’ play Antigone , in which the title character, upon being reproached by King Creon for defying his command not to bury her slain brother, asserted that she acted in accordance with the immutable laws of the gods.

In part because Stoicism played a key role in its formation and spread, Roman law similarly allowed for the existence of a natural law and with it—pursuant to the jus gentium (“law of nations”)—certain universal rights that extended beyond the rights of citizenship. According to the Roman jurist Ulpian , for example, natural law was that which nature, not the state, assures to all human beings, Roman citizens or not.

It was not until after the Middle Ages , however, that natural law became associated with natural rights. In Greco-Roman and medieval times, doctrines of natural law concerned mainly the duties, rather than the rights, of “Man.” Moreover, as evidenced in the writings of Aristotle and St. Thomas Aquinas , these doctrines recognized the legitimacy of slavery and serfdom and, in so doing, excluded perhaps the most important ideas of human rights as they are understood today—freedom (or liberty) and equality .

The conception of human rights as natural rights (as opposed to a classical natural order of obligation) was made possible by certain basic societal changes, which took place gradually beginning with the decline of European feudalism from about the 13th century and continuing through the Renaissance to the Peace of Westphalia (1648). During this period, resistance to religious intolerance and political and economic bondage; the evident failure of rulers to meet their obligations under natural law; and the unprecedented commitment to individual expression and worldly experience that was characteristic of the Renaissance all combined to shift the conception of natural law from duties to rights. The teachings of Aquinas and Hugo Grotius on the European continent, the Magna Carta (1215) and its companion Charter of the Forests (1217), the Petition of Right (1628), and the English Bill of Rights (1689) in England were signs of this change. Each testified to the increasingly popular view that human beings are endowed with certain eternal and inalienable rights that never were renounced when humankind “contracted” to enter the social order from the natural order and never were diminished by the claim of the “ divine right of kings .”

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Essay on Human Rights: Samples in 500 and 1500

Updated on
Jun 20, 2024

Essay writing is an integral part of the school curriculum and various academic and competitive exams like IELTS , TOEFL , SAT , UPSC , etc. It is designed to test your command of the English language and how well you can gather your thoughts and present them in a structure with a flow. To master your ability to write an essay, you must read as much as possible and practise on any given topic. This blog brings you a detailed guide on how to write an essay on Human Rights , with useful essay samples on Human rights.

This Blog Includes:

The basic human rights, 200 words essay on human rights, 500 words essay on human rights, 500+ words essay on human rights in india, 1500 words essay on human rights, importance of human rights, essay on human rights pdf, what are human rights.

Human rights mark everyone as free and equal, irrespective of age, gender, caste, creed, religion and nationality. The United Nations adopted human rights in light of the atrocities people faced during the Second World War. On the 10th of December 1948, the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR). Its adoption led to the recognition of human rights as the foundation for freedom, justice and peace for every individual. Although it’s not legally binding, most nations have incorporated these human rights into their constitutions and domestic legal frameworks. Human rights safeguard us from discrimination and guarantee that our most basic needs are protected.

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Features/Characteristics of Human Rights of Citizens

Post author: Edeh Samuel Chukwuemeka ACMC
Post published: March 3, 2024
Post category: Legal Articles / Scholarly Articles

The expression “ Human rights ” are used to explain all those that human person possess in a country or state. The right of citizens could be natural, civil, political, economic, social or religious . According to Britannica, Civil rights are those human rights social opportunities and protection under the law, regardless of race, religion, or other characteristics. On the other hand, Economic, social and cultural rights include right that guarantees education, right to housing, right to an adequate standard of living, etc.

In most cases, Economic, social and cultural rights are not justifiable whereas Civil and political rights are justifiable because they are fundamental in every democratic government. In all, both Civil and Economic rights have the same characteristics and that is exactly what we will be looking at in this article. But before doing that, it is important to have a background knowledge of the history of human rights in Africa. This will help you enormously to understand the characteristics of Human rights when we go indepth.

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Table of Contents

Brief history of Human Rights

The Second World War led to the dissolution of the League of Nations and the Establishment of the United Nations Organization by the Victorious powers. The United Nation in 1948 drew a list of approved human rights, which must be protected by all nations.

Characteristics of human rights wikipedia

These rights are as a result of the experience generated by the Second World War. In the words of Rousseau, one of the advocates of human rights of man, “ men are born equal but everywhere they are in chains” . The Organization of African Unity was established in 1963 to champion the cause of African nations also drew a long list of human and person’s rights to be protected by members. Following the assumption of independence and the formulation of independent construction by many African nations some of them including Nigeria began to include lists of fundamental human rights in their constitution.

Watch our YouTube Video on the characteristics of human rights above.

Categories of human rights

1. Civil and political rights:

Civil and political rights are also known as the first generation rights . They are liberty oriented. Political philosophers postulate that civil and political rights are given by God and as such, they cannot be taken by any human born.

2. Economic and Social cultural rights:

The second category of human right is the Economic and Social cultural right. These rights are known as the second generation right and they are security oriented rights. More so, for the Economic and Social cultural rights of citizens to be granted, the government must come into play .

Rights under Economic and Social cultural rights includes: right to work, right to education, a reasonable standard of living etc. It is to meet the basic needs of man which are food, shelter, health care etc.

Characteristics of human rights in Civic Education

3. Solidarity/Development rights:

The last category of human right is Solidarity/Development right . These rights are also known as the third generation rights. Legal scholars have stated that this category of human right was developed in Africa.

They include; the right to live in an environment that is clean and protected from destruction.

Now that you know the definition and categories of human rights, i will now take you through some of the characteristics of human right. I enjoin you to pay close attention to the characteristics of human right discussed below so that your purpose for reading this work will be achieved:

Characteristic of human rights

1. Human rights are universal

In the beginning of this article, i explained that human rights are those rights that are given to a person as soon as he/she is born. These rights are universal. It doesn’t matter the tribe, religion of sex of the person.

Following the Universal Declaration of Human Right in 10th December 1948, Human rights are the same in all state that is a member of the United Nations.

2. Human rights are inalienable and immutable

Aside from the facts that human rights are universal, they are also inalienable and immutable. Many political philosophers are of the opinion that human rights are given by God to everyone, and as such, they should not be taken or changed by anyone. They are seen as inherent rights that cannot be taken away from a person.

Even in a military regime, where the state is ruled by dictators, the fundamental human rights of citizens are not actually taken away.

The rights are only covered by decrees and edits made by the military. Thus, except where a person commits a crime, his human rights cannot be breached or limited by anyone.

3. Human rights are Indivisible and interrelated

what are the characteristics of human right

This is a popular paradigm associated with human right. It posit that all human rights are related and for one to be ensured, the government must protect others too.

Take for instance, if the government wants to protect the right to life, they have to ensure that citizens have good shelter, food and good environment to live in.

Accordingly, for the right to fair hearing to be protected, the rights to access the court must be ensured.

So you see, human rights are indeed indivisible and interrelated. They cannot be totally separated from each other.

4. Human rights are inherent

fundamental human rights and characteristics

This is a very important feature of human right. In fact, almost all the characteristics i have already mentioned before now were drawn from the fact that human rights are inherent.

What this means is that, human rights are not given by the government through its legislation or any other person. They are rights that are inherent in a person by virtue of the fact that he is a human being.

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5. Human rights are protected by the court of law

Definition of human rights, categories of human rights and their characteristics

Another characteristics of human rights is that, they are protected by the court of law. This is one of the core responsibility of the court in a state.

It is truism that many states have sections in their constitution that enjoins the court, which is the judiciary arm of the government, to protect the fundamental human rights of citizens when they are breached. This is why the right of fair hearing is not joked with by any court.

6. Human rights are enforceable

Characteristics of fundamental human rights

Unlike the Fundamental objectives and directive principles of state, human rights are enforceable. What this means is that, where there is a breach of any of the fundamental human rights of a citizens by any person or government, action can be brought against the defendant (s) in court.

Human rights are recognized by the law and that is why the constitution of many countries of the world today, protect the fundamental human rights of their citizens. In the United States, the fundamental human rights of citizens are protected in Bill of Rights and in Nigeria, the fundamental human right of citizens is protected in Section 4 of the 1999 constitution.

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Ways through which human rights are safeguarded

1. The constitution: The entrenchment of fundamental human rights of citizens in the constitution is a way of protecting their rights.

2. Existence of the Principle of Rule of Law: The government under the principle of rule of law has an obligation to ensure the existence of civil liberties and equity of all citizens.

3. Independence of the Judiciary: For citizens to enjoy their rights the judiciary should be free from interference and control of both the executive and legislature.

4. Freedom of the press : The press should be free free to serve as a watchdog for the rights of the citizens.

5. Activities is the opposition: The opposition whether in government or outside is a powerful instrument for protecting the rights of the citizens.

6. Consciousness and Vigilance of citizens over their rights.

7. Provision of legal aid: There should be legal aid for any accused person in court, this will help to pretext the rights of the citizen.

8. Proper enforcement of law and order by the security agencies and community.

9. Adherence to the doctrine of Separation of Power with effective checks and balances.

10. Respect for international convention on human rights: Where a state has respect for international convention on human rights, the citizens are protected from the violation of human rights.

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In conclusion, it can be deducted, from this article, that the Fundamental human rights of citizens are very important to ensure growth and development in every nation. This is why every government must protect the rights of their citizens.

Edeh Samuel Chukwuemeka, ACMC, is a lawyer and a certified mediator/conciliator in Nigeria. He is also a developer with knowledge in various programming languages. Samuel is determined to leverage his skills in technology, SEO, and legal practice to revolutionize the legal profession worldwide by creating web and mobile applications that simplify legal research. Sam is also passionate about educating and providing valuable information to people.

This Post Has 6 Comments

I cannot thank you enough for the article post.Thanks Again.

I need examples on each characteristics of human rights

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Good discussion about human rights…..I congratulate you so much….continue giving us more notes on the doctrine of human rights.

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Human Rights- Nature, Characteristics, Kinds

Human Rights Blogs Subject-wise Law Notes
May 24, 2020

Meaning and Scope of Human Rights?

“Rights are those conditions of social life without which no man can seek in general, to be himself at his best. “– Laski.

Human rights are the most fundamental and basic rights that every person has right from the second he/she took birth and it continues till he/she dies. Human rights cannot be taken away from a person regardless of religion, caste or faith a person chooses to believe in. However, human rights can be restricted to an extent. Human rights are the pathway to getting justice. The are the protective laws. There are thirty Human rights that are described in The Universal Declaration of Human Rights (UDHR).

Examples of Human Rights

The examples of human rights are:

Right to equality (Article 1)
Right to life, liberty and security (Article 3)
Freedom from torture and degrading treatment (Article 5)
Freedom from slavery (Article 4)
Right to education (Article 26)
Right to peaceful assembly and association (Article 20)
Right to adequate living standard (Article 25)
Freedom of Belief and Religion (Article 18)
Freedom of Opinion and Information (Article 19)

Nature and Characteristics of Human Rights

What are the nature of human rights? What are the characteristics and features of human rights?

Here are the top 10 10 characteristics of human rights which are also the basic characteristics of human rights.

1) These rights are essential and fundamental– In the absence of human rights, the society would be in a deplorable state. There would be chaos all around. Human rights are a necessity for the upliftment of people.

2) Human rights are universal– The rights do not discriminate against the people. These rights are available to all the people equally without taking note the varied differences among the people.

3) Not absolute– Human rights are never absolute. Each right has its limitations which is imperative to public health, order and morality. These rights are not unbridled.

4) Inalienable– Human rights are inalienable in nature. Nobody can deprive a person of these rights. Moreover, human rights are inalienable because:

a. They cannot be rightfully taken away

b. They cannot be given away or be forfeited

5) Interdependent– Human rights are interdependent on other rights.

6) Dynamic– These rights are not static. They can be modified according to the prevailing situations and conditions.

7) Irrevocable– The human rights are irrevocable; they cannot be taken away by anybody. No power or authority can take away these basic rights from a person.

8) Connected with dignity– These human rights are deeply connected with the dignity of the individuals living in a society.

9) These are similar to moral rights. Conscience is regarded important.

10) Human rights are inherent– The rights cannot be brought or borrowed from somewhere or someone. There rights are naturally existing.

Types of Human Rights

There are five types of human rights, Civil, Political, Economic, Social and Cultural Human rights.

1) Civil Rights– These individual civil rights include life, liberty, security of people, privacy freedom of movement, speech, thought conscience, subjecting no one to arbitrary arrest, detention or exile, practicing religion and beliefs etc.

2) Political rights– These involve right to expression, assembly and association, right to participate in government affairs. It also involves the right of universal and equal suffrage and entitlement of right to a nationality.

3) Economic Rights– These are the rights which are essential to lead a healthy life.

These rights have been included in Charter on the Human Rights as well like the right to own property, right to social security, right to work, right of equal pay for equal work without discriminating on various kinds of parameters.

4) Social Rights– These rights govern the smooth functioning of the society. Right to marry and set up a family, right to free and compulsory education etc. constitute a part of the social rights.

5) Cultural rights– Man is a social animal and hence these rights are deemed necessary. Everyone has the right to participate in cultural activities. Denial of these rights result in infringement of human rights which is against the law.

For more notes on Human Rights, Click Here.

For law notes, Click Here.

Author Details: Aditi Deshpande (Hidayatullah National Law University, Naya Raipur)

The views of the author are personal only. (if any)

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Human Rights

Human rights are norms that aspire to protect all people everywhere from severe political, legal, and social abuses. Examples of human rights are the right to freedom of religion, the right to a fair trial when charged with a crime, the right not to be tortured, and the right to education. The philosophy of human rights addresses questions about the existence, content, nature, universality, justification, and legal status of human rights. The strong claims often made on behalf of human rights (for example, that they are universal, inalienable, or exist independently of legal enactment as justified moral norms) have frequently provoked skeptical doubts and countering philosophical defenses (on these doubts see Lacroix & Pranchère 2016; Mutua 2002; and Waldron 1987). Reflection on these doubts and the responses that can be made to them has become a sub-field of political and legal philosophy with a very substantial literature (see the extensive Bibliography below). This entry addresses the concept of human rights, the existence and grounds of human rights, the question of which rights are human rights, and relativism about human rights.

1. The General Idea of Human Rights

2.1 how can human rights exist, 2.2 justifications for human rights, 3.1 civil and political rights, 3.2 economic and social rights, 3.3 human rights of women, minorities, and groups, 3.4 new human rights, 4. universal human rights in a world of diverse beliefs and practices, a. books and articles in the philosophy of human rights, b. legal declarations, other internet resources, related entries.

This section attempts to explain the general idea of human rights by identifying four defining features. The goal is to answer the question of what human rights are with a description of the concept rather than with a list of specific rights. Two people can have the same general idea of human rights even though they disagree about which rights are really human rights and even about whether universal human rights are a good idea. The four-part explanation just below attempts to cover all kinds of human rights including both moral and legal human rights as well as old and new human rights (e.g., both Lockean natural rights and contemporary human rights). The explanation anticipates, however, that particular kinds of human rights will have additional features. Starting with this general concept does not commit us to treating all kinds of human rights in a single unified theory (see Buchanan 2013 for an argument that we should not attempt to theorize together universal moral rights and international legal human rights).

Human rights are rights . Lest we miss the obvious, human rights are rights (see Cruft 2012 and the entry on rights ). Rights focus on a freedom, protection, status, immunity, or benefit for the rightholders. Most human rights are claim rights that impose duties or responsibilities on their addressees or dutybearers. The duties associated with human rights often require actions involving respect, protection, facilitation, and provision. Although human rights are usually mandatory in the sense of imposing duties on specified parties, some legal human rights seem to do little more than declare high-priority goals and assign responsibility for their progressive realization. One can argue, of course, that goalish rights are not real rights, but it may be better to recognize that they comprise a weak but useful notion of a right. (See Beitz 2009 for a defense of the view that not all human rights are rights in a strong sense. Also, see Feinberg 1973 for the idea of “manifesto rights” and Nickel 2013 for a discussion of “rightslike goals”.)

Human rights are plural and come in lists . If someone accepted that there are human rights but held that there is only one of them, this might make sense if she meant that there is one abstract underlying right that generates a list of specific rights (see Dworkin 2011 for a view of this sort). But if this person meant that there is just one specific right such as the right to peaceful assembly this would be a highly revisionary view. Some philosophers advocate very short lists of human rights but nevertheless accept plurality (see Ignatieff 2004).

Human rights are universal . All living humans—or perhaps we should say all living persons —have human rights. One does not have to be a particular kind of person or a member of some specific nation or religion to have human rights. Included in the idea of universality is some conception of independent existence. People have human rights independently of whether such rights are present in the practices, morality, or law of their country or culture. This idea of universality needs several qualifications, however. First, some rights, such as the right to vote, are held only by adult citizens or residents and apply only to voting in one’s own country. Second, some rights can be suspended. For example, the human right to freedom of movement may be suspended temporarily during a riot or a wildfire. And third, some human rights treaties focus not on the rights of everyone but rather on the rights of specific groups such as minorities, women, indigenous peoples, and children.

Human rights have high-priority . Maurice Cranston held that human rights are matters of “paramount importance” and their violation “a grave affront to justice” (Cranston 1967: 51, 52). If human rights were not very important norms they would not have the ability to compete with other powerful considerations such as national stability and security, individual and national self-determination, and national and global prosperity. High priority does not mean, however, that human rights are absolute. As James Griffin says, human rights should be understood as “resistant to trade-offs, but not too resistant” (Griffin 2008: 77). Further, there seems to be priority variation among human rights. For example, the right to life is generally thought to have greater importance than the right to privacy; when the two conflict the right to privacy will generally be outweighed.

Let’s now consider four other features or functions that might be added to these four.

Should human rights be defined as inalienable? Inalienability does not mean that rights are absolute or can never be overridden by other considerations. Rather it means that its holder cannot lose it temporarily or permanently by bad conduct or by voluntarily giving it up. It is doubtful that all human rights are inalienable in this sense. One who endorses both human rights and imprisonment as punishment for serious crimes must hold that people’s rights to freedom of movement can be forfeited temporarily or permanently by just convictions of serious crimes. Perhaps it is sufficient to say that human rights are very hard to lose. (For a stronger view of inalienability, see Donnelly 1989 [2020] and Meyers 1985.)

Should human rights be defined as minimal rights? A number of philosophers have proposed the view that human rights are minimal in the sense of not being too numerous (a few dozen rights rather than hundreds or thousands), and not too demanding (see Joshua Cohen 2004 and Ignatieff 2004). Their views suggest that human rights are—or should be—more concerned with avoiding the worst than with achieving the best. Henry Shue suggests that human rights concern the “lower limits on tolerable human conduct” rather than “great aspirations and exalted ideals” (Shue 1996: ix). When human rights are modest standards they leave most legal and policy matters open to democratic decision-making at the national and local levels. This allows human rights to have high priority, to accommodate a great deal of cultural and institutional variation among countries, and to leave open a large space for democratic decision-making at the national level. Still, there is no contradiction in the idea of an extremely expansive list of human rights and hence minimalism is not a defining feature of human rights (for criticism of the view that human rights are minimal standards see Brems 2009; Etinson forthcoming; and Raz 2010). Minimalism is best seen as a normative prescription for what international human rights should be. Moderate forms of minimalism have considerable appeal as recommendations, but not as part of the definition of human rights.

Should human rights be defined as always being or “mirroring” moral rights? Philosophers coming to human rights theory from moral philosophy sometimes assume that human rights must be, at bottom, moral rather than legal rights. There is no contradiction, however, in people saying that they believe in human rights, but only when they are legal rights at the national or international levels. As Louis Henkin observed,

Political forces have mooted the principal philosophical objections, bridging the chasm between natural and positive law by converting natural human rights into positive legal rights. (Henkin 1978: 19)

It has also been suggested that legal human rights can be justified without directly appealing to any corresponding moral human right (see Buchanan 2013).

Should human rights be defined in terms of serving some sort of political function? Instead of seeing human rights as grounded in some sort of independently existing moral reality, a theorist might see them as the norms of a highly useful political practice that humans have constructed. Such a view would see the idea of human rights as playing various political roles at the national and international levels and as serving thereby to protect urgent human and national interests. These political roles might include providing standards for international evaluations of how governments treat their people and specifying when use of economic sanctions or military intervention is permissible. This kind of view may be plausible for the very salient international human rights that have emerged in international law and politics in the last fifty years. But human rights can exist and function in contexts not involving international scrutiny and intervention such as a world with only one state. Imagine, for example, that a massive asteroid strike makes New Zealand the only remaining state in existence. Surely the idea of human rights along with many dimensions of human rights practice could continue in New Zealand, even though there would be no international relations, law, or politics (for an argument of this sort see Tasioulas 2012a). And if in the same scenario a few people were discovered to have survived in Iceland and were living without a government or state, New Zealanders would know that human rights governed how these people should be treated even though they were stateless. How deeply the idea of human rights must be rooted in international law and practice should not be settled by definitional fiat. We can allow, however, that the sorts of political functions that Rawls and Beitz describe are typically served by international human rights today.

2 The Existence and Grounds of Human Rights

The most obvious way in which human rights exist is as norms of national and international law. At the international level, human rights norms exist because of treaties that have turned them into international law. For example, the human right not to be held in slavery or servitude in Article 4 of the European Convention on Human Rights and in Article 8 of the International Covenant on Civil and Political Rights exists because these treaties establish it. At the national level, human rights norms exist because they have—through legislative enactment, judicial decision, or custom—become part of a country’s law. For example, the right against slavery exists in the United States because the 13th Amendment to the United States Constitution prohibits slavery and servitude. When rights are embedded in international law, we are apt to speak of them as human rights; but when they are enacted in national law we more frequently describe them as civil or constitutional rights.

Although enactment in national and international law is one of the ways in which human rights exist, many have suggested that this is not the only way. If human rights exist only because of enactment, their availability is contingent on domestic and international political developments. Many people have looked for a way to support the idea that human rights have roots that are deeper and less subject to human decisions than legal enactment. One version of this idea is that people are born with rights, that human rights are somehow innate or inherent in human beings (see Morsink 2009). One way that a normative status could be inherent in humans is by being god-given. The American Declaration of Independence claims that people are “endowed by their Creator” with natural rights to life, liberty, and the pursuit of happiness. On this view, god, the supreme lawmaker, enacted some basic human rights.

Rights plausibly attributed to divine decree must be very general and abstract (life, liberty, etc.) so that they can apply across thousands of years of human history, not just to recent centuries. But contemporary human rights are specific and many of them presuppose contemporary institutions (e.g., the right to a fair trial, the right to social security, and the right to education). Even if people are born with god-given natural rights, we need to explain how to get from those general and abstract rights to the specific rights found in contemporary declarations and treaties.

Attributing human rights to god’s commands may give them a secure status at the metaphysical level, but in a very diverse world it does not make them practically secure. Billions of people today do not believe in the god of Christianity, Islam, and Judaism. If people do not believe in god, or in the sort of god that prescribes rights, then if you want to base human rights on theological beliefs you must persuade these people to accept a rights-supporting theological view. This is likely to be even harder than persuading them of human rights. Legal enactment at the national and international levels provides a far more secure status for practical purposes.

Human rights could also exist independently of legal enactment by being part of actual human moralities. All human groups seem to have moralities, that is, imperative norms of behavior backed by reasons and values. These moralities contain specific norms (for example, a prohibition on the intentional murder of innocent persons) and specific values (for example, valuing human life). One way in which human rights could exist apart from divine or human enactment is as norms accepted in almost all actual human moralities. If almost all human groups have moralities containing norms that prohibit murder, for example, these norms could constitute the human right to life.

This view is attractive but has serious difficulties. Although worldwide acceptance of human rights has increased in recent decades (see below section 4. Universal Human Rights in a World of Diverse Beliefs and Practices ), worldwide moral unanimity about human rights does not exist. Human rights declarations and treaties are intended to change existing norms, not just describe an existing moral consensus.

Yet another way of explaining the existence of human rights is to say that they exist most basically in true or justified ethical outlooks. On this account, to say that there is a human right against torture is mainly to assert that there are strong reasons for believing that it is always morally wrong to engage in torture and that protections should be provided against its practice. This approach would view the Universal Declaration as attempting to formulate a justified political morality: that is, as not merely trying to identify a preexisting moral consensus, but trying to create a consensus that could be supported by very plausible moral and practical reasons. This approach requires commitment to the objectivity of such reasons. It holds that just as there are reliable ways of finding out how the physical world works, or what makes buildings sturdy and durable, there are reliable ways of finding out what individuals may justifiably demand of each other and of governments. Even if unanimity about human rights is currently lacking, rational agreement is available to humans if they will commit themselves to open-minded and serious moral and political inquiry. If moral reasons exist independently of human construction, they can—when combined with premises about current institutions, problems, and resources—generate moral norms different from those currently accepted or enacted. The Universal Declaration seems to proceed on exactly this assumption (see Morsink 2009).

One problem with this view is that an existence based on good reasons seems a rather thin form of existence for human rights. But perhaps we can view this thinness as a practical rather than a theoretical problem—that is, as something to be remedied by the formulation and enactment of legal norms. The best form of existence for human rights would combine robust legal existence with the sort of moral existence that comes from being supported by strong moral and practical reasons.

Justifications for human rights should identify plausible starting points for defending the key features of human rights and offer an account of the transition from those starting points to a list of specific rights (see Nickel 2007). Further, justifying international human rights is likely to require additional steps (see Buchanan 2013). These requirements make the construction of a good justification a daunting task.

Recent attempts to justify human rights offer a dizzying variety of grounds. These include prudential reasons; linkage arguments (Shue 1996); agency and autonomy (Gewirth 1996; Griffin 2008); basic needs (D. Miller 2012); capabilities and positive freedom (Gould 2004; Nussbaum 2000; and Sen 2004) dignity (Gilabert 2018b; Kateb 2011, Tasioulas 2015); and fairness, status equality, and equal respect (Dworkin 2011; Buchanan 2013).

There is a lot of overlap between these approaches, but also important differences that are likely to make them yield different results. For example, an approach framed in terms of agency and autonomy will be more strongly and directly supportive of fundamental freedoms than one framed in terms of basic human needs. Justifications can be based on just one of these types of reasons or be pluralistic and appeal to several. Seeing so much diversity in philosophical approaches to justification may be discouraging (although great disagreement in approaches is common in philosophy) but its good side is that it suggests that there are at least several plausible ways of justifying human rights.

Philosophical justifications for human rights differ in how much credibility they attribute to contemporary lists of human rights, such as the one found in the Universal Declaration of Human Rights (1948). Some take fidelity to contemporary human rights practice as nearly imperative while others prioritize particular normative frameworks even if they can only justify some of the rights in contemporary lists.

Attempting to discuss all of these approaches would be a task for a large book, not an encyclopedic entry. The discussion here is limited to two approaches: agency/autonomy and dignity.

2.2.1 Agency and Autonomy

Grounding human rights in human agency and autonomy has had strong advocates in recent decades (Griffin 2008; Gould 2004). An important forerunner in this area was Alan Gewirth. In Human Rights: Essays on Justification and Application (1982), Gewirth argued that human rights are indispensable conditions of a life as an agent who survives and acts. Abstractly described, the conditions of such a life are basic freedom and well-being. A prudent rational agent who must have freedom and well-being will assert a “prudential right claim” (1982: 31)to them. But, having demanded that others must respect her freedom and well-being, consistency requires her to recognize and respect the freedom and well-being of all other persons, too. She “logically must accept” (1982: 20) that other people as agents have equal rights to freedom and well-being. These two abstract rights work alone and together to generate a list of more determinate human rights of familiar sorts (Gewirth 1978, 1982, 1996). Gewirth’s argument generated a large critical literature (see Beyleveld 1991 and Boylan 1999).

A more recent attempt to base human rights on agency and autonomy is found in James Griffin’s book, On Human Rights (2008). Griffin does not share Gewirth’s goal of providing a logically inescapable argument for human rights, but his overall view shares key structural features with Gewirth’s. These include basing the justification on the unique value of agency and autonomy, postulating some abstract rights, and making place for a right to well-being within an agency-based approach.

In the current dispute between “moral” (or “orthodox”) and “political” conceptions of human rights, Griffin strongly sides with those who see human rights as fundamentally moral rights (on this debate see Liao & Etinson 2012). Their defining role, in Griffin’s view, is protecting people’s ability to form and pursue conceptions of a worthwhile life—a capacity that Griffin variously refers to as “autonomy”, “normative agency”, and “personhood”. This ability to form, revise, and pursue conceptions of a worthwhile life is taken to be of paramount value, the exclusive source of human dignity, and thereby the basis of human rights. Griffin holds that people value this capacity “especially highly, often more highly than even our happiness” (2008: 32 [§2.3])

“Practicalities” also shape human rights in Griffin’s view. He describes practicalities as “a second ground” (2008: 37–39 [§2.5]) of human rights. They prescribe making the boundaries of rights clear by avoiding “too many complicated bends” (2008: 37 [§2.5]), enlarging rights a little to give them safety margins, and consulting facts about human nature and the nature of society. Accordingly, the justifying generic function that Griffin assigns to human rights is protecting normative agency while taking account of practicalities.

Griffin thinks that he can explain the universality of human rights by recognizing that normative agency is a threshold concept—once one is above the threshold one has the same rights as everyone else. One’s degree of agency above the threshold does not matter. There are no “degrees of being a person” (2008: 67 [§3.5]) among competent adults. Treating agency in this way, however, is a normative policy, not just a fact about concepts. An alternative policy is possible, namely proportioning people’s rights to their level of normative agency. This is what we do with children; their rights grow as they develop greater agency and responsibility. To exclude proportional rights, and to explain the egalitarian dimensions of human rights, including their character as universal and equal rights to be enjoyed without discrimination, some additional ground pertaining to fairness and equality seems to be needed.

This last point raises the question of whether agency-based approaches in general can adequately account for the universality, equality, and anti-discriminatory character of human rights. The idea that human rights are to be respected and protected without discrimination seems to be most centrally a matter of fairness rather than one of agency, freedom, or welfare. Discrimination often harms and hinders its victims, but even when it doesn’t it is still deeply unfair. For example, human rights that explicitly refer to fair wages and equal pay for equal work (ICESCR Articles 3 and 7.i) seem to be much more about fairness than about agency, freedom, or welfare—particularly since human rights to a wage that ensures a decent standard of living are often mentioned separately (ICESCR Article 7.ii).

2.2.2 Dignity

Many human rights declarations and treaties invoke human dignity as the ground of human rights. In recent decades numerous books and articles have been published that advocate dignitarian approaches to justifying human rights (for example, Gilabert 2018b; Kateb 2014; McCrudden 2013 and the many essays therein; Tasioulas 2015; Waldron 2012 and 2015). There have also been many critics, including Den Hartogh 2014; Etinson 2020; Green 2010; Macklin 2003; Rosen 2012; and Sangiovanni 2017.

A well-worked out conception of human dignity is likely to have at least three parts. The first describes the nature of human dignity, specifying for example whether it is a kind of value, status, or virtue (see Rosen 2012). The second explains the grounds of human dignity—that is, why, or in virtue of which shared capacities or features we all have the sort of dignity described in the first step. Finally, and third, there is the question of human dignity’s practical requirements, or what is concretely involved in “respecting” it. (See the entry on dignity for a broader discussion.)

Human dignity is often understood as a special worth or status which all human beings share in contrast to other animals (e.g., Kateb 2011). We can call this the “Special Worth Thesis”. Attempts to provide good explanatory grounds for the Special Worth Thesis identify one or more valuable features that all human persons share and that non-human animals mostly do not possess or have at much lower levels. The valuable features identified will presumably once again need to be “threshold concepts”, so that people can vary in how much of the feature or capacity they have without thereby losing, lessening, or increasing their human dignity in comparison to other persons. Human dignity is, after all, supposed to be a strongly egalitarian idea. Plausible candidates for such grounds might include moral abilities (to understand and follow moral values and norms and to reason and act in terms of them); thought, imagination, and rationality; self-consciousness and reflective capacities; and the use of complicated language and technologies, among others.

One worry about the Special Worth Thesis is its self-glorifying character. In claiming special worth we humans seem to excuse our many faults—including a terrible capacity for evil, routinely evidenced in our behavior towards other humans and towards non-human animals (Rosen 2013). Another closely associated and increasingly prominent worry is that the Special Worth Thesis is speciesist, arbitrarily ranking the interests, status, and/or value of human beings above that/those of non-human animals (Kymlicka 2018; Meyer 2001). In the context of these reasonable concerns, it is worth noting that support for, or a belief in, human dignity need not be prejudicial towards non-human animals; one can affirm the dignity of homo sapiens while also affirming the equal dignity of other species and forms of life (Etinson 2020; Gilabert 2018b). The Special Worth Thesis is optional and only defended by some theorists.

What attitudes, actions, policies, and rights follow from the duty or reason to respect human dignity? And are human rights among them? The answer will at least in part depend on what we think human dignity is. If it is a kind of virtue shared or shareable by all persons then its practical requirements will include things like praising and/or admiring those who possess it, and perhaps developing or cultivating “dignitarian” dispositions in one’s own character. If human dignity is, by contrast, a kind of value or worth (as in Immanuel Kant’s famous understanding of dignity as a worth “beyond all price” Kant 1785/1996: 43), then it is something we have reason to protect, promote, preserve, cherish, restore and perhaps even maximize, if possible. The human right to life, and its material conditions, is an intuitive product of human dignity understood in this way. If, on the other hand, we think of human dignity as a kind of legal (Waldron 2012 and 2015), moral (Gilabert 2018b; Lee & George 2008), or social status (Etinson 2020; Killmister 2020), then duties of “respect” more naturally follow.

These options are not mutually exclusive. In principle, human dignity can refer to all of these things: value, status, and virtue. If human dignity yields human rights, however, this is going to depend on exactly how we understand its practical requirements in light of its nature and grounds. This practical elaboration is the workhorse of a conception of human dignity. It normally results in one or more general maxims or guidelines: e.g., not to humiliate or degrade, never to treat persons merely as a means, to treat others in justifiable ways, to avoid severe cruelty, to respect autonomy, etc. The prospect of grounding human rights in human dignity faces critical challenges at this juncture. As we saw in the preceding discussion of agency-based approaches, the more specific and singular one’s dignitarian maxim is, the less plausible it will be as an exhaustive ground for standard lists of human rights in all their variety. On the other hand, a pluralistic set of grounding maxims will make human dignity a better source of human rights, but it is unclear whether in doing so we are simply explaining its implicit content or bringing in other values and norms to fill in its indeterminate scope. This raises the possibility that values and norms such as promoting human welfare; agency/autonomy; and fairness partially constitute the idea of human dignity rather than being derived from it (see Macklin 2003).

3. Which Rights are Human Rights?

This section discusses the question of which rights belong on lists of human rights. The Universal Declaration’s list, which has been very influential, consists of six families:

Security rights that protect people against murder, torture, and genocide;
Due process rights that protect people against arbitrary and excessively harsh punishments and require fair and public trials for those accused of crimes;
Liberty rights that protect people’s fundamental freedoms in areas such as belief, expression, association, and movement;
Political rights that protect people’s liberty to participate in politics by assembling, protesting, voting, and serving in public office;
Equality rights that guarantee equal citizenship, equality before the law, and freedom from discrimination; and
Economic and social rights that require that governments to forbid slavery and forced labor, enforce safe working conditions, ensure to all the availability of work, education, health services, and a standard of living that is adequate.

A seventh category, minority and group rights, has been created by subsequent treaties. These rights protect women, racial and ethnic minorities, indigenous peoples, children, migrant workers, and the disabled. This list of human rights seems normatively diverse: the issues addressed cover include security, liberty, fairness, equality before the law, access to work and good working conditions, unduly cruel treatment, and political participation.

In spite of the ample list above, not every question of social justice or wise governance is a human rights issue. For example, a country could have too many lawyers or inadequate provision for graduate-level education without violating any human rights. Deciding which norms should be counted as human rights is a matter of considerable difficulty. And there is continuing pressure to expand lists of human rights to include new areas. Many political movements would like to see their main concerns categorized as matters of human rights, since this would publicize, promote, and legitimize their concerns at the international level. A possible result of this is “human rights inflation”, the devaluation of human rights caused by producing too much bad human rights currency (see Cranston 1973; Orend 2002; Wellman 1995; Griffin 2008).

One way to avoid rights inflation is to follow Cranston in insisting that human rights only deal with extremely important goods, protections, and freedoms. A supplementary approach is to impose several justificatory tests for specific human rights. For example, it could be required that a proposed human right not only protect some very important good but also respond to one or more common and serious threats to that good (Dershowitz 2004; Donnelly 1989 [2003]; Shue 1996; Talbott 2005), impose burdens on the addressees that are justifiable and no larger than necessary, and be feasible in most of the world’s countries (on feasibility see Gheaus 2022; Gilabert 2009; Nickel 2007; and Richards 2023). This approach restrains rights inflation with several tests, not just one master test.

In deciding which norms should be considered human rights it is possible to make either too little or too much of international documents such as the Universal Declaration and the European Convention. One makes too little of them by proceeding as if drawing up a list of important rights were a new question, never before addressed, and as if there were no practical wisdom to be found in the choices of rights that went into the historic documents. And one makes too much of them by presuming that those documents tell us everything we need to know about human rights. This approach involves a kind of fundamentalism: it holds that when a right is on the official lists of human rights that settles its status as a human right (“If it’s in the book that’s all I need to know”.) But the process of identifying human rights in the United Nations and elsewhere was a political process with plenty of imperfections. There is little reason to take international diplomats as the most authoritative guides to which human rights there are. Further, even if a treaty’s ratification by most countries can settle the question of whether a certain right is a human right within international law, such a treaty cannot settle its weight. The treaty may suggest that the right is supported by weighty considerations, but it cannot make this so. If an international treaty enacted a right to visit national parks without charge as a human right, the ratification of that treaty would make free access to national parks a human right within international law, but it may well fail to persuade us that national park access is important enough to be a genuine human right.

The least controversial family of human rights is civil and political rights. These rights are familiar from historic bills of rights such as the French Declaration of the Rights of Man and the Citizen (1789) and the U.S. Bill of Rights (1791, with subsequent amendments). Contemporary sources include the first 21 Articles of the Universal Declaration , and treaties such as the European Convention , the International Covenant on Civil and Political Rights , the American Convention on Human Rights , and the African Charter on Human and People’s Rights . Some representative formulations follow:

Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one’s choice. ( American Convention on Human Rights , Article 13.1) Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. ( European Convention , Article 11) No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. (ICCPR Article 17)

Most civil and political rights are not absolute—they can sometimes be overridden by other considerations. For example, the right to freedom of movement can be restricted by public and private property rights, by restraining orders related to domestic violence, and by legal punishments. Further, after a disaster such as a hurricane or earthquake free movement is often appropriately suspended to keep out the curious, permit access of emergency vehicles and equipment, and prevent looting. The International Covenant on Civil and Political Rights permits most rights to be suspended during times “of public emergency which threatens the life of the nation” (ICCPR Article 4). But it excludes some rights from suspension including the right to life, the prohibition of torture, the prohibition of slavery, the prohibition of ex post facto criminal laws, and freedom of thought and religion.

The Universal Declaration included economic and social rights (“ESRs”) that address matters such as education, food, health services, and employment. Their inclusion has been the source of much controversy (see Beetham 1995). The European Convention did not include them (although it was later amended to include the right to education). Instead ESRs were put into a separate treaty, the European Social Charter . When the United Nations began the process of putting the rights of the Universal Declaration into international law, it followed the same pattern by placing ESRs in a treaty separate from the one dealing with civil and political rights. This treaty, the International Covenant on Economic, Social, and Cultural Rights (ICESCR, 1966), treated these standards as rights—albeit rights to be progressively realized.

The ICESCR includes rights to: freedom from slavery and forced labor; adequate income or services to cover food, water, clothing, and shelter; basic health conditions and services; free public education; freedom to work, choose one's occupation, and have adequate opportunities for remunerative employment; fair pay and safe conditions of work; social security; equality for women in the workplace, including equal pay for equal work; freedom to form trade unions and to strike; special protections for mothers and children; adequate rest and leisure; and nondiscrimination in respecting, protecting, and fulfilling these rights. In terms of underlying values and norms, some of these rights are welfare-oriented, others are fairness-oriented, and still others are freedom-oriented (Nickel 2022b).

Article 2.1 of the ICESCR sets out what each of the parties commits itself to do about this list, namely to

take steps, individually and through international assistance and co-operation…to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant.

In contrast, the Civil and Political Covenant commits its signatories to immediate compliance, to

respect and to ensure to all individuals within its territory the rights recognized in the present Covenant. (ICCPR Article 2.1)

The contrast between these two levels of commitment has led some people to suspect that ESRs are really just valuable goals. For many countries, noncompliance due to inability would have been certain if these standards had been treated as immediately binding.

ESRs have often been defended with linkage arguments which claim that ESRs provide indispensable support to the realization of civil and political rights. This approach was first developed philosophically by Henry Shue. He argued that security and subsistence are so indispensable to the full realization of other rights that anyone who endorses the realization of any other right must also endorse ESRs (Shue 1980; for analysis and critical assessments of linkage arguments see Nickel 2007, 2016, and 2022a).

Do ESRs protect sufficiently important human interests? Maurice Cranston opposed ESRs by suggesting that they are mainly concerned with matters such as holidays with pay which are not of deep and universal human interest (Cranston 1967, 1973; treatments of objections to ESRs include Beetham 1995; Howard 1983; and Nickel 2007). It is far from the case, however, that most ESRs pertain only to superficial interests. Consider two examples: the right to an adequate standard of living and the right to free public education. The former requires governments to work hard at remedying widespread and serious evils such as severe poverty, starvation and malnutrition, and ignorance. The importance of food and other basic material conditions of life is easy to show. These goods are essential to people’s ability to live, function, and flourish. Without adequate access to these goods, interests in life, health, and liberty are endangered and serious illness and death are probable. The unavailability of educational opportunities typically limits (both absolutely and comparatively) people’s abilities to participate fully and effectively in the political and economic life of their county

Are ESRs too burdensome? Another objection to ESRs is that they are too burdensome on their dutybearers. It is very expensive to guarantee everyone basic education and minimal material conditions. Frequently the claim that ESRs are too burdensome suggests that ESRs are substantially more burdensome or expensive than liberty rights. Suppose, however, that we use as a basis of comparison liberty rights such as freedom of communication, association, and movement. These rights require both respect and protection from governments. And people cannot be adequately protected in their enjoyment of liberties such as these unless they also have security and due process rights. The costs of liberty, as it were, include the costs of law and criminal justice. Once we see this, liberty rights start to look a lot more costly.

Further, we need not generally think of ESRs as simply giving everyone a free supply of the goods they protect. Guarantees of things like food and housing may be intolerably expensive and undermine productivity if everyone simply receives a free supply. A viable system of ESRs can require most people to provide these goods for themselves and their families through work, as long as they are given the necessary opportunities, education, and infrastructure. Government-implemented ESRs provide guarantees of availability (or “secure access”), but under many conditions governments should only have to supply the requisite goods in a small fraction of cases.

Countries that do not accept and implement ESRs must still somehow bear the costs of providing for the needy since these countries are unlikely to find it tolerable to allow sizable parts of the population to starve and be homeless. If government does not supply food, clothing, and shelter to those unable to provide for themselves, then families, friends, and communities will have to shoulder this burden. It is only in the last hundred or so years that government-sponsored ESRs have taken over a substantial part of the burden of providing for the needy. The taxes associated with ESRs are partial replacements for other burdensome duties, namely the duties of families and communities to provide adequate care for the unemployed, sick, disabled, and aged. Deciding whether to implement ESRs is not a matter of deciding whether to bear such burdens, but rather of deciding whether to continue with total reliance on systems of informal provision that distribute assistance in a very spotty way and whose costs fall very unevenly on families, friends, and communities.

Are ESRs feasible worldwide? Another objection to ESRs alleges that they are not feasible in many countries (on feasibility see Gheaus 2013, Gilabert 2009, and Nickel 2007). It is very expensive to provide guarantees of subsistence, measures to protect and restore people’s health, and education. Many governments will be unable to provide these guarantees while meeting other important responsibilities. Rights are not magical sources of supply (Holmes & Sunstein 1999). As we saw earlier, the ESR Covenant dealt with the issue of feasibility by calling for progressive implementation, that is, implementation as financial and other resources permit. Does this view of implementation turn ESRs into high-priority goals? And if so, is that a bad thing?

Standards that outrun the abilities of many of their addressees are good candidates for treatment as goals. Viewing them as largely aspirational rather than as imposing immediate duties avoids problems of inability-based noncompliance. One may worry, however, that this is too much of a demotion for ESRs because goals seem much weaker than rights (see O’Neill 2005 and Tomalty 2014). But goals can be formulated in ways that make them more like rights. They can be assigned addressees (the parties who are to pursue the goal), beneficiaries, scopes that define the objective to be pursued, and a high level of priority (see Langford, Sumner, & Yamin 2013 and Nickel 2013; see also OHCHR and the 2030 Agenda for Sustainable Development, UN ). Strong reasons for the importance of these goals can be provided. And supervisory bodies can monitor levels of progress and pressure low-performing addressees to attend to and work on realizing their goals.

Treating very demanding rights as goals has some advantages. Goals coexist easily with low levels of ability to achieve them. And goals are flexible: addressees with different levels of ability can choose ways of pursuing the goals that suit their circumstances and means. Because of these attractions it may be worth exploring sophisticated ways to transform very demanding human rights into goals. The transformation may be full or partial. It is possible to create right-goal mixtures that contain some mandatory elements (see Brems 2009). A right-goal mixture might include some rights-like goals, some mandatory steps to be taken immediately, and duties to realize the rights-like goals as quickly as possible.

Do ESRs yield a sufficient commitment to equality? Objections to ESRs as human rights have come from both the political right and the political left. A common objection from the left, including liberal egalitarians and socialists, is that ESRs as enumerated in human rights documents and treaties provide too weak of a commitment to material equality (Gilabert 2018a and Moyn 2018). Realizing ESRs requires governments to ensure everyone an adequate minimum of resources in some key areas but does not require strong commitments to equality of opportunity, redistributive taxation, or wealth ceilings (see the entries on equality , distributive justice , and liberal feminism ).

The egalitarian objection cannot be that human rights documents and treaties show no concern for people living in poverty and misery. One of the main purposes of including ESRs in human rights documents and treaties was to promote serious efforts to combat poverty, lack of education, and unhealthy living conditions in countries all around the world (see also Langford, Sumner, & Yamin 2013 on the UN Millennium Development Goals). The objection also cannot be that human rights facilitated the hollowing out of systems of welfare rights in many developed countries that occurred after 1980 (for criticism of this view see Song 2019). Those cuts in welfare programs were often in violation of the requirements of realizing ESRs.

Perhaps it should be conceded that human rights documents and treaties have not said enough about positive measures to promote equal opportunity in education and work. A positive right to equal opportunity, like the one Rawls proposed, would require countries to take serious measures to reduce disparities between the opportunities effectively available to children of high-income and low-income parents (see Rawls 1971 and the entry on equality of opportunity ).

A strongly egalitarian political program is probably best pursued partially within but mostly beyond the human rights framework. One reason for this is that the human rights movement will have better prospects for ongoing acceptance and support if it has widespread political acceptance. To achieve this, the rights it endorses must appeal to people with a variety of political views, ranging from center-left to center-right. Support from the broad political center is less likely to emerge and survive if the human rights platform is perceived as mostly a leftist program.

Equality of rights for historically disadvantaged or subordinated groups is a longstanding concern of the human rights movement. Human rights documents repeatedly emphasize that all people, including women and members of minority ethnic and religious groups, have equal human rights and should be able to enjoy them without discrimination. The right to freedom from discrimination figures prominently in the Universal Declaration and subsequent treaties. The Civil and Political Covenant, for example, commits participating states to respect and protect their people’s rights without distinction of any kind, such as race, color, sex, language, political or other opinion, national or social origin, property, birth, or social status (ICCPR Article 2.1). On minority and group rights see Kymlicka 1995.

A number of standard civil and political rights are especially important to ethnic and religious minorities, including rights to freedom of association, freedom of assembly, freedom of religion, and freedom from discrimination. Human rights documents also include rights that refer to minorities explicitly and give them special protections. For example, the Civil and Political Covenant in Article 27 says that persons belonging to ethnic, religious, or linguistic minorities

shall not be denied the right, in community with other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language. (ICCPR Article 27)

Feminists have often protested that standard lists of human rights do not sufficiently take into account the unique risks faced by women. For example, issues like domestic violence, reproductive choice, and the trafficking of women and girls for sex work did not have a prominent place in early human rights documents and treaties. Lists of human rights have had to be expanded “to include the degradation and violation of women” (Bunch 2006; see also Okin 1998). Violations of women’s human rights often occur in the “private” sphere, i.e., in the home at the hands of other family members. This suggests that governments cannot be seen as the only addressees of human rights and that the right to privacy of home and family needs qualification to allow police to protect women within the home.

The issue of how formulations of human rights should respond to variations in the sorts of risks and dangers that different people face is difficult and arises not just in relation to gender but also in relation to age, race, sexual orientation, profession, political affiliation, religion, and personal interests. Due process rights, for example, are much more useful to young people (and particularly young men) than they are to older people since the latter are far less likely to run afoul of the criminal law.

Since 1964 the United Nations has mainly dealt with the rights of women and minorities through specialized treaties such as the International Convention on the Elimination of All Forms of Racial Discrimination (1965); the Convention on the Elimination of All Forms of Discrimination Against Women (1979); the Convention on the Rights of the Child (1989), and the Convention on the Rights of Persons with Disabilities (2007). See also the Declaration on the Rights of Indigenous Peoples (2007). Specialized treaties allow international norms to address unique problems of particular groups such as assistance and care during pregnancy and childbearing in the case of women, custody issues in the case of children, and the loss of historic territories by indigenous peoples.

Minority groups are often targets of violence. Human rights norms call upon governments to refrain from such violence and to provide protections against it. This work is partly done by the right to life, which is a standard individual right. It is also done by the right against genocide which protects groups from attempts to destroy or decimate them. The Genocide Convention was one of the first human rights treaties after World War II. The right against genocide is clearly a group right. It is held by both individuals and groups and provides protection to groups as groups. It is largely negative in the sense that it requires governments and other agencies to refrain from destroying groups; but it also requires that legal and other protections against genocide be created at the national level.

As a group right, can the right against genocide be a human right? More generally, can a group right fit the general idea of human rights as rights of individual persons proposed earlier? Perhaps it can if we broaden our conception of who can hold human rights to include important groups that people form and cherish (see the entry on group rights ). This can be made more palatable, perhaps, by recognizing that the beneficiaries of the right against genocide are individual humans who enjoy greater security against attempts to destroy the group to which they belong (Kymlicka 1989).

Although contemporary lists of human rights are already long, there are doubtless norms that should be counted as human rights but are not generally recognized as such. After all, there are lots of areas in which people’s basic welfare, dignity, and fundamental interests are threatened by the actions and omissions of individuals and governments. New technologies create new problems and require us to rethink old solutions. And new political movements emerge and create demands for their goals and norms as human rights.

Prominent recent proposals of new human rights include Kimberley Brownlee’s advocacy of a right against social deprivation that would address severe unwanted loneliness (Brownlee 2020 and 2022), the proposal of a universal right to internet access that was endorsed by the UN General Assembly in 2016 (UN Resolution 32/13), and the similar endorsement in 2022 of a right to a clean, healthy, and sustainable environment (UN Resolution 76/300; see also the entry on environmental ethics ).

The right to a healthy environment provides a good example of how new human rights can slowly emerge. After a right of this sort was added to many national bills of rights, environmental NGOs began to promote it within international organizations. In 2000 the European Union’s Bill of Rights, the Charter of Fundamental Rights of the European Union , included in Article 37 an environmental protection norm:

A high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union and ensured in accordance with the principle of sustainable development.

In 2012 the UN Human Rights Council created a Special Rapporteur (independent expert) on the Environment, eventually approved the right to “a clean, healthy, and sustainable environment”, and forwarded it to the General Assembly—where 80 percent of the world’s countries voted for it (UN Resolution 76/300). Human rights approaches to climate change have also been developed in recent decades (see Bodansky 2009; Caney 2009; Gardiner 2013; and Vanderheiden 2008).

Worries about the proliferation of human rights have not disappeared. Lawyers and international organizations have proposed standards to limit the introduction of new human rights (for example, Alston 1984 and the UN General Assembly 1986). And human rights treaty-making has slowed. After the approval of the Rome Statute of the International Criminal Court in 1999, the only human rights treaty approved by the UN is the 2006 Convention on the Rights of Persons with Disabilities. In 2007 a declaration (not a treaty) on the Rights of Indigenous Peoples was approved by the General Assembly. Prominent philosophers have also advocated smaller lists of human rights (see, for example, Cranston 1967 and 1973; Rawls 1999; and Griffin 2008). Griffin also opposed squeezing new content into existing human rights—which he described as the “ballooning” of rights.

Two familiar philosophical worries about human rights are that they are based on beliefs and attitudes that are culturally relative and that their creation and advocacy involves ethnocentrism. Human rights prescribe universal standards in areas such as security, law enforcement, equality, political participation, and education. The peoples and countries of planet Earth are, however, enormously varied in their practices, traditions, religions, and levels of economic and political development. Putting these two propositions together may be enough to justify the worry that universal human rights do not sufficiently accommodate the diversity of Earth’s peoples. A theoretical expression of this worry is “relativism”, the idea that ethical, political, and legal standards are only true or justified relative to the traditions, beliefs, and conditions of a particular country, culture or region (see the entry on moral relativism ).

During the drafting in 1947 of the Universal Declaration, the Executive Board of the American Anthropological Association (“AAA”) warned of the danger that the Declaration would be “a statement of rights conceived only in terms of the values prevalent in Western Europe and America”. A central concern of the AAA Board in the period right after World War II was to condemn intolerant colonialist attitudes of the day and to advocate cultural and political self-determination. But the Board also made the stronger assertion that “standards and values are relative to the culture from which they derive” and thus “what is held to be a human right in one society may be regarded as anti-social by another people” (AAA 1947).

Such assertions have continued to fuel accusations that human rights are instruments of ethnocentrism, arrogance, and cultural imperialism (Renteln 1990). Ethnocentrism is the assumption, usually unconscious, that “one’s own group is the center of everything” and that its beliefs, practices, and norms provide the standards by which other groups are “scaled and rated” (Sumner 1906; see also Etinson 2018a who argues that ethnocentrism is best understood as a kind of cultural bias rather than a belief in cultural superiority). Ethnocentrism can lead to arrogance and intolerance in dealings with other countries, ethical systems, and religions. Finally, cultural imperialism occurs when the economically, technologically, and militarily strongest countries impose their beliefs, values, and institutions on the rest of the world (for a useful discussion of several power-related concerns about human rights, see Gilabert 2018a).

As in the AAA Board’s case, relativists often combine these charges with a prescription, namely that tolerance of varied practices and traditions ought to be instilled and practiced through measures that include extended learning about other cultures. The idea that relativism and exposure to other cultures promote tolerance may be correct from a psychological perspective. People who are sensitive to differences in beliefs, practices, and traditions, and who are suspicious of the grounds for extending norms across borders, may be more inclined to be tolerant of other countries and peoples than those who believe in an objective universal morality. Still, philosophers have been generally critical of attempts to argue from relativism to a prescription of tolerance (see Williams 1972 [1993] and Talbott 2005). If the culture and religion of one country has long fostered intolerant attitudes and practices, and if its citizens and officials act intolerantly towards people from other countries, they are simply following their own traditions and cultural norms. Accordingly, a relativist from a tolerant country will be hard-pressed to find a basis for criticizing the citizens and officials of the intolerant country. To do so the relativist will have to endorse a transcultural principle of tolerance and to advocate as an outsider cultural change in the direction of greater tolerance. Because of this, relativists who are deeply committed to tolerance may find themselves attracted to a qualified commitment to human rights.

Perhaps for these reasons, relativism is not the stance of most anthropologists today. Currently the AAA has a central Committee whose objectives include promoting, protecting, and developing an anthropological perspective on human rights. While still emphasizing the importance of cultural differences, anthropologists now often support the protection of vulnerable cultures, non-discrimination, and the rights and land claims of indigenous peoples (see the AAA’s 2020 Statement on Anthropology and Human Rights).

The conflict between relativists and human rights advocates may be partially based on differences in their underlying philosophical beliefs, particularly in metaethics. Relativists are often subjectivists or noncognitivists and think of morality as entirely socially constructed and transmitted. In contrast, philosophically-inclined human rights advocates are more likely to adhere to or presuppose cognitivism, moral realism, and intuitionism.

As the AAA’s 1947 Statement shows, the accommodation of diversity has been a concern facing the contemporary human rights regime since its inception. As part of a 1946–47 UNESCO inquiry into the theoretical basis of human rights, the French philosopher, Jacques Maritain, famously suggested that universal agreement on human rights was possible so long as questions of underlying justification were ignored: “Yes… we agree about the rights but on condition no one asks us why” (Maritain 1949: 9). The International Bill of Human Rights appears to violate this embargo when it asserts, in the Preamble to both major Covenants, that “these rights derive from the inherent dignity of the human person”. Nonetheless, Maritain’s idea has strong echoes in contemporary philosophical work (see Taylor 1999), including John Rawls’ idea that human rights can have a minimal public or “political” justification which may be accepted from various “comprehensive” religious, moral, and philosophical points of view (Rawls 1999; Beitz 2009). Indeed, some have argued that international human rights law’s justificatory appeal to human dignity should be understood in precisely this ecumenical way (McCrudden 2008).

Other important methods of accommodating diversity include the abstract formulation of human rights norms, which allows for diverse, context-sensitive modes of social and institutional implementation (see Etinson 2013). As discussed in section 1 , a modest understanding of the aims of human rights would leave more room for democratic decision-making at the domestic level, and for cultural and political variation across countries (see also the European Court of Human Rights’ notion of a “margin of appreciation”, discussed in Letsas 2006). And it is worth noting that, within limits, state parties to international human rights treaties are entitled to submit “reservations” that alter the legal effect of treaty provisions as they pertain to that state. This provides a further avenue for legal variation and accommodation.

In the 1990s, Singapore’s Senior Minister Lee Kuan Yew and others argued that international human rights as found in United Nations declarations and treaties were insensitive to distinctive “Asian values”, such as prizing families and community (in contrast to strong individualism); putting social harmony over personal freedom; respect for political leaders and institutions; and emphasizing responsibility, hard work, and thriftiness as means of social progress (on the Asian Values debate see Bauer & Bell [eds] 1999; Bell 2000; and Sen 1997). Proponents of the Asian values idea did not wish to abolish all human rights; they rather wanted to deemphasize some families of human rights, particularly the fundamental freedoms and rights of democratic participation (and in some cases the rights of women). They also wanted Western governments and NGOs to stop criticizing them for human rights violations in these areas.

At the 1993 World Conference on Human Rights in Vienna, countries including Singapore, Malaysia, China, and Iran advocated accommodations within human rights practice for cultural and economic differences. Western representatives tended to view the position of these countries as excuses for repression and authoritarianism. The Conference responded by approving the Vienna Declaration . It included in Article 5 the assertion that countries should not pick and choose among human rights:

All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms.

In recent decades widespread acceptance of human rights has occurred in most parts of the world. Three quarters of the world’s countries have ratified the major human rights treaties, and many countries in Africa, the Americas, and Europe participate in regional human rights regimes that have international courts (see the Georgetown University Human Rights Law Research Guide in the Other Internet Resources below). Ratification does not, of course, guarantee compliance. Further, all of the world’s countries now use similar political institutions (law, courts, legislatures, executives, militaries, bureaucracies, police, prisons, taxation, and public schools) and these institutions carry with them characteristic problems and abuses (Donnelly 1989 [2020]). Finally, globalization has diminished the differences among peoples. Today’s world is not the one that early anthropologists and missionaries found. National and cultural boundaries are breached not just by international trade but also by millions of travelers and migrants, electronic communications, international law covering many areas, and the efforts of international governmental and non-governmental organizations. International influences and organizations are everywhere and countries borrow freely and regularly from each other’s inventions and practices.

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International Convention on the Elimination of All Forms of Racial Discrimination, adopted 21 December 1965. [ available online ]
International Covenant on Civil and Political Rights (ICCPR), adopted 16 December 1966. ICCPR available online ]
International Covenant on Economic, Social, and Cultural Rights (ICESCR), adopted 16 December 1966. [ ICESCR available online ]
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), adopted 1979. [ CEDAW available online ]
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A/RES/76/300 The human right to a clean, healthy and substainable environment, adopted 28 July 2022. [ A/RES/76/300 available online (pdf) ]
Rome Statute of the International Criminal Court, adopted 17 July 1998, came into force 1 July 2002. [ Rome Statute available online ]
Vienna Declaration and Programme of Action, adopted 25 June 1993, World Conference of Human Rights in Vienna. [ Vienna Declaration 1993 available online ]
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How to cite this entry . Preview the PDF version of this entry at the Friends of the SEP Society . Look up topics and thinkers related to this entry at the Internet Philosophy Ontology Project (InPhO). Enhanced bibliography for this entry at PhilPapers , with links to its database.

The International (UN) Human Rights System , Georgetown Law Library Human Rights Law Research Guide
International Human Rights Law , United Nations Office of the High Commissioner for Human Rights
Human Rights entry in the Internet Encyclopedia of Philosophy .

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Human Rights Essay for Students and Children

500+ words essay on human rights.

Human rights are a set of rights which every human is entitled to. Every human being is inherited with these rights no matter what caste, creed, gender, the economic status they belong to. Human rights are very important for making sure that all humans get treated equally. They are in fact essential for a good standard of living in the world.

Moreover, human rights safeguard the interests of the citizens of a country. You are liable to have human rights if you’re a human being. They will help in giving you a good life full of happiness and prosperity.

Human Rights Categories

Human rights are essentially divided into two categories of civil and political rights, and social rights. This classification is important because it clears the concept of human rights further. Plus, they also make humans realize their role in different spheres.

When we talk about civil and political rights , we refer to the classic rights of humans. These rights are responsible for limiting the government’s authority that may affect any individual’s independence. Furthermore, these rights allow humans to contribute to the involvement of the government. In addition to the determination of laws as well.

Next up, the social rights of people guide the government to encourage ways to plan various ways which will help in improving the life quality of citizens. All the governments of countries are responsible for ensuring the well-being of their citizens. Human rights help countries in doing so efficiently.

Get the huge list of more than 500 Essay Topics and Ideas

Importance of Human Rights

Human rights are extremely important for the overall development of a country and individuals on a personal level. If we take a look at the basic human rights, we see how there are right to life, the right to practice any religion, freedom of movement , freedom from movement and more. Each right plays a major role in the well-being of any human.

Right to life protects the lives of human beings. It ensures no one can kill you and thus safeguards your peace of mind. Subsequently, the freedom of thought and religion allows citizens to follow any religion they wish to. Moreover, it also means anyone can think freely.

Further, freedom of movement is helpful in people’s mobilization. It ensures no one is restricted from traveling and residing in any state of their choice. It allows you to grab opportunities wherever you wish to.

Next up, human rights also give you the right to a fair trial. Every human being has the right to move to the court where there will be impartial decision making . They can trust the court to give them justice when everything else fails.

Most importantly, humans are now free from any form of slavery. No other human being can indulge in slavery and make them their slaves. Further, humans are also free to speak and express their opinion.

In short, human rights are very essential for a happy living of human beings. However, these days they are violated endlessly and we need to come together to tackle this issue. The governments and citizens must take efforts to protect each other and progress for the better. In other words, this will ensure happiness and prosperity all over the world.

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Special Characteristics of Human Rights

Table of contents, introduction, special characteristic of human rights: natural rights, special characteristic of human rights: universality, special characteristic of human rights: equality, special characteristic of human rights: inalienability, special characteristic of human rights: indivisibility and interdependence.

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Human Rights Principles

Resource date: 2005

Author: UNFPA

Publisher: UNFPA

Human rights are universal and inalienable; indivisible; interdependent and interrelated. They are universal because everyone is born with and possesses the same rights, regardless of where they live, their gender or race, or their religious, cultural or ethnic background. Inalienable because people’s rights can never be taken away. Indivisible and interdependent because all rights – political, civil, social, cultural and economic – are equal in importance and none can be fully enjoyed without the others. They apply to all equally, and all have the right to participate in decisions that affect their lives. They are upheld by the rule of law and strengthened through legitimate claims for duty-bearers to be accountable to international standards.

Universality and Inalienability: Human rights are universal and inalienable . All people everywhere in the world are entitled to them. The universality of human rights is encompassed in the words of Article 1 of the Universal Declaration of Human Rights : “All human beings are born free and equal in dignity and rights.”

Indivisibility: Human rights are indivisible . Whether they relate to civil, cultural, economic, political or social issues, human rights are inherent to the dignity of every human person. Consequently, all human rights have equal status, and cannot be positioned in a hierarchical order. Denial of one right invariably impedes enjoyment of other rights. Thus, the right of everyone to an adequate standard of living cannot be compromised at the expense of other rights, such as the right to health or the right to education.

Interdependence and Interrelatedness: Human rights are interdependent and interrelated . Each one contributes to the realization of a person’s human dignity through the satisfaction of his or her developmental, physical, psychological and spiritual needs. The fulfilment of one right often depends, wholly or in part, upon the fulfilment of others. For instance, fulfilment of the right to health may depend, in certain circumstances, on fulfilment of the right to development, to education or to information.

Equality and Non-discrimination: All individuals are equal as human beings and by virtue of the inherent dignity of each human person. No one, therefore, should suffer discrimination on the basis of race, colour, ethnicity, gender, age, language, sexual orientation, religion, political or other opinion, national, social or geographical origin, disability, property, birth or other status as established by human rights standards.

Participation and Inclusion: All people have the right to participate in and access information relating to the decision-making processes that affect their lives and well-being. Rights-based approaches require a high degree of participation by communities, civil society, minorities, women, young people, indigenous peoples and other identified groups.

Accountability and Rule of Law: States and other duty-bearers are answerable for the observance of human rights. In this regard, they have to comply with the legal norms and standards enshrined in international human rights instruments. Where they fail to do so, aggrieved rights-holders are entitled to institute proceedings for appropriate redress before a competent court or other adjudicator in accordance with the rules and procedures provided by law. Individuals, the media, civil society and the international community play important roles in holding governments accountable for their obligation to uphold human rights.

UNFPA supports the integration of human rights standards into all stages of its programming framework, including:

Analyzing the immediate, underlying and structural causes of human rights violations
Setting strategies and goals to address the main causes of human rights violations and to empower the most vulnerable people as well as to reinforce the capacity of duty bearers.
Supporting initiatives for the establishment or improvement of an enabling legal and social framework on population and development, reproductive health and gender equality
Following the recommendations of UN treaty bodies such as the Committee on the Elimination of Discrimination Against Women
Evaluating and monitoring programmes with participatory processes and using human rights indicators

UNFPA also recognizes that a rights-based approach should be founded on an analysis of gender and social exclusion to ensure that programmes reach marginal and vulnerable segments of the population, especially poor women and young people.

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The concept of Human Rights Essay

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Introduction

Human rights- legitimation, human rights – justification, reference list.

Normally, the conventional comprehension of human rights is the absolute basic rights to which an individual is naturally entitled because he or she is a human being. Therefore, human rights are considered universal (valid the world over) and egalitarian (no different for everybody).

These rights might be present as natural rights or as legal rights, both in state and international regulation. The policy of human rights in global carry out within international edict, worldwide, and local institutions in the strategies of nations and the actions of non-governmental organizations (NGOs), has been a basis of public guiding principle around the world (Glenn 2011).

The concept of human rights affirms that, given that the public discussion of peacetime international society is alleged to have a universal proper language, then it is one of the human rights. Nevertheless, the strong allegations made by the policy of human rights keep on provoking substantial doubt and debates with reference to the nature, content, and validations of human rights to date. Unquestionably, the issue of what is denoted by a right is itself contentious, and a topic of continued rational debate.

As countered to charity, the subject of rights picks out entitlement in place of need, and consequently presupposes equal opportunity between donors and recipients of assistance. Formal complement between duties and rights signifies that, if an individual or a group possesses rights, in that case, another individual or group has the obligation to respect those rights.

Many of the fundamental initiatives, which animated the human rights movement, emerged in the after effects of the World War II and the mayhem of the Holocaust, leading to the legitimation of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly, in the year 1948. Legitimation implies according legal status (Hooft 2009, p. 55-60), which is different from justification that implies providing explanations for taking the principles and ethics seriously.

The traditional society did not have the perception of universal human rights. Traditional societies had intricate coordination of duties, for instance, ideas of fairness, political legality, and human thriving that aimed at acquiring human dignity, thriving, or well-being entirely free of human rights. With respect to human rights, an imperfection in argument is genetic fallacy. It presumes that a norm is appropriate only to the environment of its source.

To the argument concerning the legality of the rights expressed in the UDHR, human rights are universal. This signifies that human rights are applicable everywhere in the world. Pragmatic positivism is an endeavour to escape resolving the most significant of theoretical difficulties, that of the character of continuation. The basis of pragmatic positivism is repudiation to face the fundamental philosophical clash between idealism and greed, which brings about rejection of greed.

The transformationist conception of human rights is an argument that, in every cultural tradition, a number of people at several times have used defective perceptions of human rights that restrict protection of human rights to in-groups, whereas there is exclusion of out-groups (Hooft 2009, pp.61-65).

The perception of rights has functional reality all societies. This comprises even those that do not officially admit that perception because all people are born free and alike in solemnity and rights. Human beings posses reason, as well as sense of wrong and right, and ought to act towards each other in a spirit of goodwill.

Charles Taylor holds that, rights are not merely the only perception that could generate order in society and harmony between countries. There can be dissimilar pathways to the same target (Taylor 1999, pp.124-127). This implies that there is a likelihood of overlapping consensus on the human rights even amongst persons from diverse traditions. Taylor comprehends subjective rights as protection or liberty that is deemed as it were the possession of someone.

For instance, rather than saying that it is incorrect to murder me, it is alleged that I possess a right to life. According to Taylor, diverse groups, nations, religious societies, cultures while embracing incompatible essential perspectives on human nature, religion, or metaphysics, could come to a concurrence on particular norms that should govern human conduct.

Each could have its individual way of validating this from out of its thorough background plan. In this regard, we would concur on the norms, whereas differing on their being the right norms. Moreover, we would be satisfied to reside in this consensus, unbothered by the distinctions of deep underlying conviction (Taylor 1999, pp. 128-130).

Leaders in East Asia like Lee Kwan Yew consider something hazardously distinctive, dissolvent of society, fragmenting, in the western legal civilization (certainly, they have mainly in mind or their views the US).

Nevertheless, in their disapproval of Western conversation of human rights, they as well appear to be assaulting the fundamental values of the West, which purportedly gives dominance to the person, where allegedly a Confucian point of view could have a bigger place for the society, and the intricate mesh of human relations where every person stands.

In Asian communities, human rights may be defended through communitarian arguments without choice of western-style legal processes. How rights might be defended, in such Asian societies, without recourse to Western-style legal processes. This involves not inquiring so much the legal types, but articulating divergence with the fundamental philosophical explanation.

In Taylor’s account, Thai Buddhism may sustain human rights by turning from a focus on obtaining advantage and even earthly victory via blessings and performances of piety, as well as concentrating more on the unique objective of enlightenment. This attempts to go back to initial core of Buddhism regarding circumventing of suffering.

These produce perceptions of Buddhism as a foundation for democratic community and practice. Commitment of Buddhism to democracy, fairness, and human rights call for respect (Taylor 1999, pp. 131-137). This feature of western rights discourse is often particularly difficult to export, as it comes across societies where there is consideration of particular social differences as highly significant, and they are viewed sequentially as connected with particular ways, which are now considered as biased in Western societies.

Mainly as in the West, we are distant from having dealt with how to merge gender equality with our thoughts of gender dissimilarity. By “affirmation of ordinary life”, Taylor means the enormous cultural revolution that has been happening in modernity. In the development of Western ethical mindsets, this played a role of augmenting life and reducing suffering, thus leading to an exemplary life that is smacked of egotism and pride.

Westerners might come to comprehend the inherent sense of Shari’a law as the effortless outcome of pre-modern delusions, in the same group where they currently position the ancient rule execution scenarios (Taylor 1999, pp. 138-144).

An obstruction, in the course to a common understanding involving cultural traditions internationally, comes from the incapacity of several Westerners to perceive their culture like one amid many. To this degree, they will have a tendency of assuming that the path to union necessitates that others, as well cast off traditional notions, they even discard their religious legacy, and turn into unmarked moderns as them.

Cosmopolitan values for global relocation accept two justifications both associated with arguments on human rights: an intrinsic and a practical perception. The intrinsic justification, from this viewpoint of human rights, is deemed to come from natural rights. The practical justification of human rights aims at illustrating the implication of a human right to lowest values of well-being, based on a universal concurrence, on the role that the values of justice ought to play at the global level.

This perception deems the practical justification as distinct from the subject of their character. Subjectivity is an argument that has precedence because it comprises rights to basic needs (Hooft 2009, pp. 66-70. The importance of the concept of subjectivity is in justifying the precedence of individual rights.

Needs have precedence over desires and is an objective worth that can almost not be denied. Strongly desiring something does not ascertain that an individual has a right to it since that is just expression of want. Nussbaum affirms ten basic human capabilities (Hooft 2009, pp.71-81).

These include life (not dying too early), bodily health (ability to have good health, shelter, and food), bodily integrity (liberated to move free of assault and having sexual choice as well as gratification). They also comprise imagination, senses, and thought (able to use these maximally and excellently), emotions, practical reason, affiliation (ability to reside with and near others), other species (having concern for plants, nature, and animals), play, and control over the environment.

The utilitarian approach, which asks individuals what they presently desire and how content they are, is inadequate to deal with the assessment of the impartiality of social and economic arrangements (Nussbaum 2003).

This argument holds because there more generally has a sufficient theory of economic impartiality, and of social impartiality, where people are prepared to make claims regarding essential rights that are to some point independent of the desires that they to have, inclinations shaped, frequently, by unfair background circumstances.

Gross National Product (GNP) is also an inadequate determinant of human and economic advancement, because it fails to disaggregate and independently consider essential features of development, like health and education, which are obviously not exceptionally well connected with GNP, even if the distribution is considered (Nussbaum 2003).

The importance of capabilities approach lies in regular arguments, in support of issues of gender equality. Nussbaum believes that, her capabilities approach provides accuracy to the talk of human rights for when people are asked what they are able to carry out and to be, there is a much closer comprehension of the obstacles societies have raised against complete fairness for women (Williams 2000).

A stress on capabilities instead of operation protects a diversity of types of life because countries are evaluated in areas like educational and health accomplishment (Nussbaum 2003).

From this paper, human rights are universally valid, and their justification signifies the giving of explanations for taking the principles and ideals critically, whereas their legitimation denotes giving officially authorized significance.

The significance of depending on a perception of basic need in justifying the precedence of individual rights indicates that, needs have a main concern over desires. In addition, basic needs can validate an affirmation of rights as claims to human continued existence and a simply adequate survival (Keith 2012).

Glenn, H 2011, ‘The Concept of Dignity in the Universal Declaration of Human Rights’, Journal of Religious Ethics , vol.39 no.1, pp. 1-24.

Hooft, S 2009, Cosmopolitanism: A Philosophy for Global Ethics , Acumen, Durham.

Keith, S 2012, ‘A Declaration of Human Responsibilities’, Contemporary Review, vol. 294 no. 1704, pp. 46-53.

Nussbaum, M 2003, ‘Capabilities as Fundamental Entitlements: Sen and Social Justice’, Feminist Economics, vol. 9 no. 3, pp. 33-59.

Taylor, C 1999, “Conditions of an Unforced Consensus of Human Rights”, in J Bauer & D Bell (eds), The East Asian Challenge for Human Rights , Cambridge University Press Cambridge, Cambridge, pp. 124-144.

Williams, J 2000, Unbending Gender: Why Family and Work Conflict and What to Do About It , Oxford University Press, New York.

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Essay on Human Rights: Samples in 500 and 1500

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Features/Characteristics of Human Rights of Citizens

Brief history of Human Rights

Categories of human rights

Characteristic of human rights

Ways through which human rights are safeguarded

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Human Rights- Nature, Characteristics, Kinds

Meaning and Scope of Human Rights?

Examples of Human Rights

Nature and Characteristics of Human Rights

Types of Human Rights

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Human Rights Law Notes, Study Materials and Case Laws

Globalisation and Corporate Governance

Challenges to Corporate Governance in India

Bibliography

Human Rights

1. The General Idea of Human Rights

2 The Existence and Grounds of Human Rights

2.2.1 Agency and Autonomy

2.2.2 Dignity

3. Which Rights are Human Rights?

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Human Rights Essay for Students and Children

Human Rights Categories

Importance of Human Rights

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Special Characteristics of Human Rights

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