Human Rights Fundamentals: Definitions, History, and Challenges
Understanding Rights and Duties
The concept of human rights involves both give and take. A right concerns the power to make demands or to require others to behave in a certain way. Rights are guarantees, freedoms, or privileges that people possess. They may or may not be guaranteed by law, but they aim to provide protection and security to all citizens.
Conversely, duties are the rules, laws, or regulations governing coexistence in society, which we are obliged to comply with.
Fundamental or human rights are conditions that every human being possesses by virtue of being human, and their actual implementation is essential for comprehensive development. They belong to all people without exception or distinction of any kind.
Individual Rights vs. Social Rights
Historically, rights discussions often centered on fundamental human needs, particularly freedom. These are often termed individual rights.
Social rights revolve around equality and solidarity. Examples include:
- The right to education
- The right to health
- The right to receive information
Rights Imply Duties
A declaration of rights is also, conversely, a statement of duties. Whatever right I possess is also the right of another, and it is my duty to respect and ensure that right, just as I possess my own.
Defining Human Rights
Human rights represent moral demands for liberty, equality, and dignity.
Historical Milestones in Human Rights
The Virginia Declaration of Rights (1776)
This declaration arose in the context of the American War of Independence from Great Britain. It covered the rights of citizens but excluded those who were not considered citizens, primarily enslaved people.
The Declaration of the Rights of Man and Citizen (1789)
Written by the French National Assembly, this declaration was a step forward from the former due to its universal character, advocating equal rights for all human beings. This led, for example, to the abolition of slavery in French territories. It served as a source for future declarations, although much remained to be done, as the declaration excluded women and many other social groups.
The Universal Declaration of Human Rights (UDHR)
These rights are considered inherent and independent of recognition by the laws of any specific territory.
Development and Adoption
The United Nations (UN) was established following the San Francisco Conference on June 26, 1945, after the Second World War. Its principal objectives include:
- Defending individual rights
- Maintaining peace
- Upholding the right of self-determination for peoples
- Promoting cooperation among countries
Finally, on December 10, 1948, the UN adopted the Universal Declaration of Human Rights and declared December 10 as International Human Rights Day.
Key Features of the UDHR
Human rights as defined by the UDHR are:
- Universal: Applying to everyone
- Inalienable: Cannot be taken away
- Non-negotiable
Universality and Cultural Diversity
A key feature of the human rights enshrined in the Declaration is its universality. These rights belong to every person, regardless of any physical or cultural differences. However, since humans live in diverse cultures, interpretations and applications can vary, stemming from different traditions and beliefs. Our world is characterized by cultural diversity. Furthermore, because the Declaration imposes primarily a moral (not legally binding) obligation, its implementation is often lacking in many cases.
Challenges to Human Rights Implementation
Violations in Developing Countries
In today’s world, the most basic rights of millions of people are not respected. In some countries, there is a continual violation of these rights, including torture, illegal detention, political repression, and violence. Also frequent are child exploitation, discrimination against women, the involvement of children in armed conflicts, and situations akin to slavery.
The Role of NGOs
Given the frequent lack of adequate response from government agencies, Non-Governmental Organizations (NGOs) have emerged. These organizations report human rights breaches in the developing world and contribute their share to improving conditions of human dignity. NGOs provide voluntary assistance in areas such as nutrition, education, and health, particularly in countries affected by war or facing extreme limitations. Prominent examples include Caritas, Manos Unidas, Médecins Sans Frontières (Doctors Without Borders), and the Red Cross/Red Crescent movement.
Our Collective Responsibility
We all deserve rights. Even if our own rights are not respected, we must respect the rights of others. We have an obligation to defend and promote human rights. We must not be indifferent when witnessing the violation of any right. This collective effort helps build a better world where everyone’s rights are respected.