Human Rights
have been traced to the Greeks who guaranteed:
- Right to freedom of speech
- Right to equality before law
- Right to equal respect for all
The British Magna Carta, the United States Bill of
Rights, and the French Declaration of the Rights of Man are human rights
documents that have preceded Universal Declaration of Human Rights (UDHR).
It was during
World War II that issue of human rights were raised. Franklin D. Roosevelt, the
US President in the Atlantic Charter of 1941, along with British PM Winston
Churchill penned the four freedoms which are:
·
Freedom of speech and expression
- Freedom from fear
- Freedom from any kinds of discrimination
- Freedom of every person to worship of God in his own way
At the end of World War II, the
atrocities of Nazis were revealed to the world, where 6 million Jews had been
exterminated. The world was shocked and a Polish
lawyer named Raphael Lemkin coined the word "genocide."
In
1946 after the formation of the United Nations, a UN Commission on Human Rights
was formed, consisting of 18 members. Eleanor Roosevelt as Chairperson, P.C
Chang (China) and René Cassin (France) as Vice-Chairpersons and Charles Malik
(Lebanon) as a rapporteur. The principal task of the Commission was to define
which rights should be enumerated, and to determine the nature of the document
they were to design.
In
December, 1948 after numerous meeting after changes, the Declaration was put to
vote. Forty-eight nations voted for the Declaration, eight countries abstained
(the Soviet bloc countries, South Africa and Saudi Arabia) and two countries
were absent -- the community of nations adopted the Universal Declaration of
Human Rights without dissent.
Human rights can be broadly classified into
1.
The Right to Physical and Mental Integrity – The
right to life, liberty, security, freedom from torture, cruel and inhuman
treatment, freedom from slavery, forced labor, arbitrary arrest etc
2.
Freedom of conscience and Action – Freedom of
opinion, religion, expression, Freedom of information, freedom to form
associations, trade unions, freedom of movement etc
3.
Right to Legal justice – Fair trial in courts,
the Right to defend
4.
Privacy and Family Rights
5.
Political Rights – The right to vote and stand in
election
6.
Economic and social rights- The right to work, adequate
standard of living, social security, the right to health services
7.
Equality and non-discrimination
Right to Development , was adopted by the UN in 1986
Importance of UDHR
:
ü
Human rights are moral, universal. It is a set
of moral rules and it is binding on all the nations to follow the UDHR although it is not legal
ü
Serves as a common standard for all
ü
Makes violation an international concern
ü
Human rights allow us to fully develop and use
our human qualities, our intelligence and talent. They also satisfy our spiritual and other needs
ü
It respects and protects basic dignity and human
worth
ü
Respect for human rights is the foundation of
freedom, justice and peace in the world.
ü
It has Influenced constitution of many
countries. – Fundamental Rights in our constitution is based on UDHR.
Significance of
UDHR with reference to India
Our constitution provides for fundamental rights which are based on and inspired by
UDHR. However there are several issues in the past and in the present which
signifies the importance of UDHR
ü
Mass arrests of opposition leaders and mass
sterilization program during the emergency period
ü Even
today women are victim of dowry, domestic violence, liquor, rape .
Discrimination in work place, sexual harassment at work place violate the
womens right to dignity and freedom. The low status of women in India is
visible in cases of female foeticide.
ü Discrimination
based on caste and class exist in our society . Untouchability is still
practiced in our society specially the
rural India and there are cases of increased violence against the Dalits.
ü Several
projects have resulted in displacing people from their region and deprived them
of their livelihood. eg Narmada Dam
project , Although they may be resettled in other areas, there are issues of
human rights
ü Torture
in Custody and custodial deaths , fake encounters, custodial rapes are reported from various
states.
ü Conditions
in our prisons and the inhuman treatment of prisoners is a serious violation of human rights.
ü Several
farmers committing suicide raises question of Right to Live.
ü Child
labor is still prevalent in India. Children
employed in homes and in commercial workplaces, are subjected to
ill-treatment. The chaining of bonded child labour in the carpet industry near
Varanasi so that they could not escape was reported. There are reports of
Domestic child workers being tortured sometimes resulting in death.
ü There
has been increasing cases of child
abuse, and more particularly child sexual abuse
ü 20
years after Bhopal tragedy, victims are still waiting for justice.
In the light of the above it is significant to note that we
as a nation should understand the principles of UDHR. NHRC, and many human rights activists have been taking
action on human rights issues as and
when they are reported But a lot more
needs to be done by all concerned . What is required is mass awareness and self
regulation.
@Notes courtesy of Aparna, Shruti Gokhale, Dhanika and myself
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