Q11
15 Marks

Part C (Q11): What are Human Rights? Highlight the main features of Universal Declaration of Human Rights.

Expert Answer

What are Human Rights?

Human Rights are the fundamental, inalienable rights and freedoms that belong to every single person in the world simply because they are human beings.

  • Inalienable: They cannot be taken away by any government or ruler.
  • Universal: They apply to everyone, everywhere, regardless of race, gender, nationality, religion, or economic status.
  • Indivisible: You cannot pick and choose rights. Civil/political rights (like the right to vote) are meaningless without economic/social rights (like the right to food).

The Universal Declaration of Human Rights (UDHR)

Adopted by the United Nations General Assembly on December 10, 1948 (now celebrated as Human Rights Day), the UDHR was a direct response to the horrific atrocities of the Holocaust and World War II. It was the first time in human history that countries agreed on a comprehensive list of rights to be universally protected.

Main Features of the UDHR (30 Articles):

  1. Foundational Principle (Article 1 & 2): "All human beings are born free and equal in dignity and rights." It guarantees these rights without distinction of any kind, such as race, color, sex, language, religion, or political opinion.
  2. Civil and Political Rights (Negative Rights): These articles protect the individual from state tyranny.
    • Right to Life, Liberty, and Security.
    • Absolute prohibition of Slavery and Torture.
    • Equality before the Law and the Right to a Fair Trial.
    • Freedom of Movement, Thought, Conscience, Religion, Speech, and Assembly.
  3. Economic, Social, and Cultural Rights (Positive Rights): These are rights requiring the state to provide basic welfare to ensure a life of dignity.
    • Right to Work, equal pay for equal work, and the right to form trade unions.
    • Right to an Adequate Standard of Living (food, clothing, housing, medical care).
    • Right to Free Education.
  4. Duties to the Community (Article 29): The UDHR notes that everyone has duties to the community in which alone the free and full development of their personality is possible.
  5. Customary Law Status: While the UDHR was initially a "declaration" and not a legally binding treaty, over the decades its provisions have been so widely accepted and integrated into national constitutions that it is now largely considered binding "customary international law."