1.1 CONCEPT OF HUMAN RIGHTS Human rights are those rights that are vital for the human life.

1.1 CONCEPT OF HUMAN RIGHTS Human rights are those rights that are vital for the human life. Human rights are the rights which are inherent in humans since birth which means rights which one possess by virtue of being human. Human rights have been identified as those rights which are “important, moral and Universal”. They may also be called as “rights” in some moral order or perhaps under some natural law. Human rights are also called as “fundamental rights” or “basic rights” or “natural rights which recognize the inherent dignity and ultimate liberty of all human beings and are the foundation of justice, harmony and equity in the world. They are fundamental or basic rights in the sense that they must not be taken away by any Act of legislature or government. They are called natural rights as they are seen as belonging to men and women by their very nature. Another way to describe them would be to call them as “common rights”, for these are the rights which all men or women in the world should share, just as the Common Law in England, for example, was the body of rules and customs which unlike local customs governed the whole country. Thus, these are the minimal rights which every individual must possess as they are not earned, bought or inherited, nor are they created by any contractual undertaking. The term “Human Rights” has been defined under Section 2(d) of Protection of Human Rights Act, 1993, which states that human rights are the rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution of embodied in the international covenants and enforceable by courts in India .
Document Preview:

CHAPTER ONE INTRODUCTION 1.1 CONCEPT OF HUMAN RIGHTS Human rights are those rights that are vital for the human life. Human rights are the rights which are inherent in humans since birth which means rights which one possess by virtue of being human. Human rights have been identified as those rights which are “important, moral and Universal”. Jerome J. Shestak, “The Jurisprudence of Human Rights”, in Theodor Meron (Ed.), Human Rights in International Law: Legal and Policy Issues, 69-113 at 74 (1984). They may also be called as “rights” in some moral order or perhaps under some natural law. Louis Henkin, “International Human Rights and Rights in the United States”, in Theodor Meron (Ed.), Human Rights in International Law: Legal and Policy Issues, 25-67 at 25 (1984). Human rights are also called as “fundamental rights” or “basic rights” or “natural rights which recognize the inherent dignity and ultimate liberty of all human beings and are the foundation of justice, harmony and equity in the world. They are fundamental or basic rights in the sense that they must not be taken away by any Act of legislature or government. They are called natural rights as they are seen as belonging to men and women by their very nature. Another way to describe them would be to call them as “common rights”, for these are the rights which all men or women in the world should share, just as the Common Law in England, for example, was the body of rules and customs which unlike local customs governed the whole country. J.E.S. Fawcett, The Law of Nations, 51 (1968). Thus, these are the minimal rights which every individual must possess as they are not earned, bought or inherited, nor are they created by any contractual undertaking. The term “Human Rights” has been defined under Section 2(d) of Protection of Human Rights Act, 1993, which states that human rights are the rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution of…