Human Rights

The General Assembly of the United Nations adopted the Universal Declaration of Human Rights (UDHR) on December 10, 1948.  The UDHR outlines the fundamental rights and freedoms to which all humans are entitled without discrimination, declaring, “All human beings are born free and equal in dignity and rights.  They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” Everybody has human rights. It doesn’t matter who you are, where you come from, what language you speak or what religion you belong to. You have a duty to respect the rights of others, just as they have a duty to respect yours and nobody can take your rights away. Adopted not long after the horrors of World War II, the UDHR was the UN’s first declaration regarding human rights and freedoms. More than sixty years after the adoption of the Universal Declaration of Human Rights, the importance of human rights is well established in the international community.  In an effort to prepare the declaration for implementation, the General Assembly charged the Commission on Human Rights with drafting covenants for the two subcomponents of rights in the declaration: Civil and Political (CP) rights and Economic, Social, and Cultural (ESC) rights.  Following a lengthy drafting process and extensive input from participating governments, the Commission completed the two documents almost twenty years after the adoption of the UDHR.  The General Assembly adopted the International Covenant on Economic, Social, and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) on December 16, 1966.

I. Civil and Political (CP) Rights  

CP rights related to the protection of individual liberties.  The ICCPR establishes basic CP rights like the rights to life and freedom from discrimination, but also establishes protections for individual participation in political and civil matters, including freedom of speech and belief, right to due process of law, to vote and participate in government. 
1. Right to life

The right to life is considered a fundamental human right because, without it, enjoyment of all of the other rights and freedoms established in international human rights Conventions would be rendered nugatory; there can be no rights if there is no life. In the right to life, it is considered that states parties should take all possible measures to reduce infant mortality and to increase life expectancy, especially measures to eliminate malnutrition and epidemics. 

The right to life also includes the right to dignity and the right to livelihood. It is the duty of the State to protect human life against unwarranted actions by public authorities as well as by private persons. The duty of the State to protect the right has been interpreted broadly, including the duties to prohibit arbitrary killing by agents of the State and to strictly control and limit the circumstances in which a person may be deprived of life by state authorities, to conduct some form of effective official investigation when individuals have been killed as a result of the use of force by agents of the State, to secure the right to life by making effective provisions in criminal law to deter the commission of offenses against the person, to establish law-enforcement machinery for the prevention, suppression, investigation and penalization of breaches of criminal law, in certain well-defined circumstances, a positive duty to take preventative operational measures to protect an individual whose life is at risk from the criminal acts of another individual, to take measures to protect the life of a person held in custody , to ensure that a person being extradited or deported is not exposed to a real risk of violation of right to life in the receiving State. 
2. Freedom from discrimination

Freedom from discrimination refers to the right to be treated equally without any discrimination, such as sex (including pregnancy and childbirth), marital status, religious belief, ethical belief, color, race, ethnic or national origin (including nationality or citizenship), disability, age, political opinion, employment status, family status and sexual orientation. Thus, the right to equal treatment requires that all persons be treated equally before the law, without discrimination. The principle of equality and non-discrimination guarantees that those in equal circumstances are dealt with equally in law and practice. However, it is important to stress that not every distinction or difference in treatment will amount to discrimination. 

Freedom from discrimination is not just the formal recognition of equal rights in law, but means substantive equality and ensuring that everyone has the opportunity to enjoy rights equally. It claims that no matter who you are, what your status is, what religion you believe, male or female, everyone has equal right. It follows that not all distinctions or different treatment constitute discrimination, and equality does not mean treating everybody the same. 
3. Freedom of speech and believe 

The freedom of speech often goes hand in hand with the endeavor to limit the power of governments. The freedom of speech can be considered an essential aspect of the individual’s defense against government. Human rights defenders also rely heavily on this right to challenge government indifference to or infliction of human rights abuses. The freedom of speech is a complex right that includes the freedom to seek, receive and impart information and ideas of all kinds through any media. Freedom of speech has a special status as a human right because we need it to promote and protect all human rights. It embraces free speech, the sanctity of an individual’s opinion, a free press, the transmission and receipt of ideas and information, the freedom of expression in art and other forms, the ability to receive ideas from elsewhere, and even the right to silence. The freedom to seek information means a person has a right of access to information, subject only to prescribed limitations, and the freedom to receive information basically prohibits a Government from restricting that freedom. The freedom to impart or convey opinions to others implies that the right to express includes dissemination, such as by newspapers or the mass media. 

The right to freedom of religion and belief includes the right to hold a belief, the right to change one’s religion or belief, the right to express one’s religion or belief, and the right not to hold a belief. The right to believe is not limited to religion. It also includes atheistic beliefs, as well as matters of conscience such as pacifism and conscientious objection to military service. The right to express a belief encompasses a range of activities including assembling for worship and the establishment of places of worship, establishing humanitarian institutions, using articles and materials or customs related to the belief, writing and disseminating religious material , teaching religion or belief at suitable places, soliciting and receiving voluntary financial contributions, training, appointing, electing or designating religious leaders, observing religious holidays and ceremonies, establishing and maintaining religious networks. 
4. Right to Due Process of law

In a broad sense, due process of law is interpreted here as the right to be treated fairly, efficiently and effectively by the administration of justice. The rights to due process of law place limitations on laws and legal proceedings, in order to guarantee fundamental fairness and justice. The rights to due process of law guarantees quality in terms of administration of justice, quality in terms of protection of the rights of the parties involved, efficiency and effectiveness. The right to a fair trial does not focus on a single issue, but rather consists of a complex set of rules and practices. A number of individual rights and principles related to the right to a fair trial have been developed, including: the right to a fair hearing; the right to a public hearing and pronouncement of judgment; equality of arms; presumption of innocence; freedom from compulsory self-incrimination; the right to know the accusation; adequate time and facilities to prepare a defense; the right to legal assistance; the right to examine witnesses; the right to an interpreter; the right to appeal in criminal matters; the rights of juvenile offenders; and no punishment without law. 
5. Right to vote and participate in government

The right to vote and participate is a composite of the right and opportunity to vote, the right and opportunity to be elected and the freedom of association, including the right to form and join organizations and associations concerned with political and public affairs, which is an essential adjunct to the right. 

The Human Rights Committee has emphasized the duty of the state to ensure that people entitled to vote are able to exercise that right. Interference with voting should be prohibited by penal law and the states should take measures to overcome specific difficulties impeding the free enjoyment of the right, such as language, illiteracy or poverty. Furthermore, participation and political rights form part of the right to self-determination, the right of peoples to ‘freely determine their political status and to enjoy the right to choose the form of their constitution or government. To participate in one's government is the duty of all adult citizens. People should be able to participate in decision-making process, especially those that affect them and their children's future. It is the duty of every citizen to contribute to their national development and work for the betterment of their societies. It should be noted that citizens must participate socially and economically in running the affairs of their governments. Hence, government cannot do all, individuals in their local communities must be engaged in activities that improve their lives, such as setting up community development programs, and to engage in honest open debates on issues affecting their communities.  

 II. Economic, social, and cultural (ESC) Rights

Economic, social, and cultural (ESC) rights are those that enable people to meet basic human subsistence and socioeconomic needs.  The ESC rights in the ICESCR include the rights to health, to housing, to food, to education, to work, and the right to social security. 

1. Right to health

In the right to health, states should provide the following basic services such as access to maternal and child health care, including family planning; immunization against the major infectious diseases; appropriate treatment of common diseases and injuries; d) essential drugs; e) adequate supply of safe water and basic sanitation; and  freedom from serious environmental health threats. The obligation to respect the right to health includes the obligation to respect equal access to health services, on the one hand, and the obligation to refrain from activities that are detrimental to health such as environmental pollution, on the other. The obligation to protect the right to health includes the obligation to take legislative and other measures to ensure that people have equal access to health services provided by third parties, and the obligation to protect people from health infringements by third parties. Finally, the obligation to fulfill includes the adoption by the state of a national health policy, and that it devotes a sufficient percentage of its available budget to health.

2. Right to housing

The right to adequate housing derives from the right to an adequate standard of living and is of central importance for the enjoyment of all economic, social and cultural rights. The right to adequate housing is enshrined in most major human rights instruments adopted by the United Nations. Individuals, as well as families, are entitled to adequate housing regardless of factors such as age, economic status, group or other affiliation or status. Thus, the enjoyment of this right may not be subject to any form of discrimination. The right to housing means more than just a roof over one’s head. It should be seen as the right to live somewhere in security, peace, and dignity. For housing to be adequate it must be situated so as to allow access to employment, health care services, schools, childcare centers and other social facilities. It must not be located in polluted areas. The notion of adequacy differs from country to country, but the right to adequate housing should not be interpreted in a narrow sense as merely having a roof over one’s head. Adequate housing implies the right to live somewhere in security, peace and dignity. Certain elements need to be taken into account at all times, according to the Committee. These are: security of tenure; for example, legal protection from eviction; availability of services; for example, sustainable access to water, sanitation and emergency services; affordability; for example, housing costs as a ratio of income ; habitability; for example, the soundness of physical structure, dampness, and crowding; accessibility; for example, by all ethnic, racial, national minority or other social groups ; location; for example, in relation to employment and schools; and cultural adequacy; for example, taking into account traditional housing patterns. 

3.     Right to food

The right to food is a human right recognized under international law which protects the right of all human beings to feed themselves in dignity, either by producing their food or by purchasing it. To produce his or her own food, a person needs land, seeds, water and other resources, and to buy it, one needs money and access to the market. The right to food protects the right of all human beings to be free from hunger, food insecurity and malnutrition. The right to food does not imply that governments have an obligation to hand out free food to everyone who wants it, or a right to be fed. However, if people are deprived of access to food for reasons beyond their control, for example, because they are in detention, in times of war or after natural disasters, the right requires the government to provide food directly. 

The right to food therefore requires States to provide an enabling environment in which people can use their full potential to produce or procure adequate food for themselves and their families. To purchase food, a person needs adequate incomes: the right to food consequently requires States to ensure that wage policies or social safety nets enable citizens to realize their right to adequate food. The right to food is a human, legal and clearly defined right which gives rise to obligations of states to reduce both chronic undernourishment and malnutrition. It protects the right of all human beings to live in dignity, free from hunger, food insecurity and malnutrition. The right to food is not about charity, but about ensuring that all people have the capacity to feed themselves in dignity.

4. The right to education

Education is imperative to the promotion of human rights; it is both a human right in itself and an indispensable means of realizing other human rights. It is the precondition for the enjoyment of many economic, social and cultural rights; for instance, the right to receive higher education on the basis of ability, the right to enjoy the benefits of scientific progress and the right to choose work can only be exercised in a meaningful way after a minimum level of education is reached. Education is vital to empowering women, to safeguarding children from exploitation and hazardous labor, to the promotion of human rights and democracy and to the protection of the environment. Education, however, is frequently discussed in the language of economics. Governments often simply equate an investment in education with an investment in the national economy. Educational services, especially at the tertiary level, are habitually considered tradable goods - removed from a wider human rights context. Core elements of the right to education, including entitlement to free and compulsory primary education, availability of different forms of secondary education, access to higher education on the basis of capacity and on non-discriminatory terms, and protection and improvement of conditions for teachers. 

5. The right to work

The right to work, in a broad sense, implies the right to enter employment, to free choice of employment, to form and join trade unions, to favorable conditions of work, non-discrimination and the right not to be deprived of employment unfairly. The first component encompasses the factors that come into play regarding access to work; such as education, vocational training, and unemployment levels. The latter component deals with issues regarding employment security, for instance, security from being fired unjustly. 

The main elements of the right to work are access to employment, freedom from forced labor and labor security. Other important components are: the freedom to work; freedom concerning the choice of occupation as well as the place of performance; the right to earn a living from work of one’s own choice, encompassing the freedom to establish one’s own independent form of employment or business; the right to free employment services; the right to safe and healthy working conditions, as well as rest, leisure and reasonable working hours; the right to employment; the right not to be arbitrarily dismissed and the right to protection against unemployment.  

6. Right to social security

The right to social security is recognized as a human right and establishes the right to social security assistance for those unable to work due to sickness, disability, maternity, employment injury, unemployment or old age. Social security systems provided for by states consist of social insurance programs, which provide earned benefits for workers and their families by employment contributions, and/or social assistance programs which provide non-contributory benefits designed to provide minimum levels of social security to persons unable to access social insurance. The right to social security offers protection to the most vulnerable members of society. It guarantees that everyone will be provided with the minimum goods and services required for a dignified life. It is the duty of the state to make sure that everyone in its territory is afforded protection against accidents, hardship, and sickness. It is the obligation of the state to make sure that they are provided with adequate food, healthcare, housing, and are protected against adversities.