The Basic Notion Of Human Rights

Human rights are important. No matter where people come from, or what their age, culture, religion or income may be, they tend to talk about their concerns in terms of human rights. Human rights issues are often seen as national or international in scope, but human rights are equally relevant at an individual and community level.

Some people seek ways to access their rights to land or to freedom from discrimination. Some protest in pursuit of the right to a healthy environment. Some people talk about the rights of the consumer and the rights of the child. When people are in a dispute they may assert their right to speak and to be heard. When people are accused of a crime, they often focus on their right to be presumed innocent and their right to a fair trial. Many people are often concerned about human rights situations overseas and may find ways to call for freedom from persecution and from torture for other people.

So what are human rights?

There is no universally agreed definition; indeed, people's understanding of human rights is continually evolving. There are general understandings, though, of what is meant by the term. One way of looking at rights is to see them as a special kind of claim on others. For example, the right to education means that everyone is entitled to a good education and, in particular, that governments have an obligation to provide education facilities and services.

Another way of understanding human rights is to look at the specific human rights that people around the world have agreed upon. Equality and freedom from discrimination are generally accepted as fundamental. Specific rights include the right to life, freedom from torture and other cruel and inhuman treatment, rights to a fair trial, free speech and freedom of religion, rights to health, education and an adequate standard of living. There are many others.

Rights are related to the values that societies live by. These values have their origins in the world's great religions and philosophies. Value systems can vary in detail between one society and another but the fundamental ideas are very similar. Concepts of justice and human dignity are at the heart of these values.

People everywhere seek physical security, freedom from suffering and freedom from unreasonable restraint for themselves and their families. They seek equality and fairness, the opportunity to reach their potential and acknowledgment of their inherent dignity.

Over the last few hundred years, ideas about human rights have developed as a way of expressing some of those values. But whether expressed or not, rights are, and always have been, a part of the way people interact with one another.

Rights also relate to what is lawful: that is, some rights may be laid down in law. If you have a legal right to something, you may be able to defend it in court. In many situations, though, rights exist but are not covered by law. These rights are often called moral rights. Moral rights are based on people's sense of what is fair or just.

Which rights?

There can be disagreement about human rights - for example about which rights are more important or whether a particular moral or legal right is a human right. When we talk about human rights we are usually referring to those principles that the nations of the world have agreed to refer to as human rights. These have been set down in international agreements and form part of international law. The rights set out in these agreements are often also written into the domestic law of individual countries.

Human rights cover virtually every area of human activity. They include civil and political rights, such as freedom of speech and freedom from torture. They also include economic and social rights, such as the rights to health and education. Some rights apply to individuals, such as the right to a fair trial: these are called individual rights. Others apply to groups of people, such as the right to a healthy environment or to native title: these are called collective rights.

Human rights are more than mere demands: they have some special characteristics that have been agreed by the international community. One of these characteristics is that human rights are universal. This means they apply to everyone, regardless of status, race, gender, nationality or other distinction. Indeed, equality is one of the fundamental human rights ideas. Another characteristic is that they are indivisible - people are entitled to all rights, whether they be civil and political such as the right to a fair trial or economic, social and cultural such as the right to education.

Human rights and responsibilities

Human rights involve responsibility and duties toward other people and the community. Individuals often have a responsibility to ensure that they exercise their rights with due regard for the rights of others. For example, exercising freedom of speech should not infringe someone else's right to privacy. Human rights are part of a context of people living together in societies. As part of this, there must be a legal, social and international order for human rights to be realised effectively.

Governments have a particular responsibility to ensure that people are able to enjoy their rights. The human rights claim by an individual or community implies an obligation on the part of the wider society, usually through government, to guarantee the right in question. Governments today, if they wish to have credibility, have to ensure a framework of law and have to provide services that together enable all their citizens to enjoy a life in which their rights are observed. Whether or not governments actually do this, it is generally accepted that this is the government's responsibility and citizens can call them to account if they fail to ensure rights.

Why are human rights important?

There has been a tremendous expansion in the understanding and application of human rights ideas over recent decades. This has had many positive results and promises more. Knowledge about human rights can empower individuals and promote remedies for specific problems. Values of tolerance and equality promote the reduction of friction within society. Proper observance of human rights promotes the security and well-being of all people, including people living in countries overseas.

Action on human rights develops our ideas about the kind of society we want to live in. Such action can include community discussions, incorporation by administrators of human rights ideas into practical programs, activism on issues of concern and legislation by governments, among many other things.

Human rights are a prominent part of how people interact with others at all levels in society - in the family, the community, in educational institutions, the workplace, in politics and in international relations. It is vital therefore that people everywhere should strive to understand what human rights are. When people better understand human rights, it will be easier for them to promote justice and the well-being of society.