Nume: Crina-Nicoleta Magher

Seria II,Grupa : 109

Human Rights
Human rights refer to the basic rights that are believed to be entitled to
every human-being. Every human-being are entitled to certain rights and
freedom irrespective of their origin, ethnicity, race, colour, nationality,
citizenship, sex or religion. These rights are considered universal for humanity.
The term Human Rights is a dynamic concept. These rights may be called
the basic rights, the fundamental rights, the natural rights or the inherent
rights.
Human Rights is aimed at preserving the dignity of the people. Although
human rights are necessary for sustaining human life and promoting development
of man yet the internal political structure, levels of social technological and
economic development, the resource-base and the religio-cultural background of
the countries, do have a profound bearing on the policies and priorities of
various countries towards human rights.
Human Rights are the rights, which every individual must have against the
state of other public authority by virtue of being a member of the human family
irrespective of any other consideration. These are rights which are inherent in
all citizens, because of their being human.
These are the rights which are inalienable because the enlightened
conscience of the community would not permit the surrender of those rights by
any citizen even of his own violation. These are the rights which are inviolable
because they are not only vital for the development and efflorescence of human
personality and for ensuring its dignity but also because without them men would
be reduced to the level of animals.
The United Nations Charter speaks of human rights in its preamble and in
six other articles.
The central foundation of the modern notion of human rights is the 1948
Universal Declaration of Human Rights and the many human rights documents
and treaties that have followed it. According to the Stockholm proclamation -
Humans have the fundamental right to freedom, equality and adequate
conditions of life, in an environment of a quality that permits a life of dignity
and well-being, and a solemn responsibility to protect and improve the
environment for present and future generations.

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Nume: Crina-Nicoleta Magher
Seria II,Grupa : 109

The importance of the human rights movement is that it tells people that
one cannot call a society a good and a just society until all its citizens enjoy
these human rights. The human rights laws aims at eliminating unjust
discrimination against any human being.
The concept of Human rights is based on the principle of human solidarity,
cooperation, and development and access of all to the common heritage of
humankind.
The impact and importance of human rights are so deep and strong that the
constitutions of India, Indonesia, Costa Rica and other countries incorporated
many of the provisions of rights codified in the said Declaration in their
respective constitutions. This may be treated as landmark the history of
progress of civilization.
The Charter of human rights exerts tremendous pressure on all political
authorities. Strong vigilance is noticed throughout world against the violation of
human rights.

~Human Rights in India~

Human rights in India require the existence and protection of a well-
regulated society. Only the society and the state can guarantee these human
rights to the individual. But to enjoy these rights perfectly the citizens of India
too must observe the social norms properly.
However, in India under the Protection of Human Rights 1993, the Human
Rights have been defined in the following way:
2 (1) d) Human rights means the rights relating to life, liberty, equality and
dignity of the individual guaranteed by the constitution or embodied in the
International Covenants and enforceable by courts in India.
India has also enacted the protection of Human Rights Act in 1993 and also
constituted the National Human Rights Commission, the State Human Rights
Commission in different States and Human Right Courts.
In spite of these apparently fixed positions, some shifts are also visible in
each perspective of human rights. Violation of human rights in India is now seen
as violations of the democratic principles enshrined in the Indian Constitution as
well as violation of Indias international commitment of humanitarian
international law and international covenants.
The analysis of the human rights should be made from three perspectives:

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Nume: Crina-Nicoleta Magher
Seria II,Grupa : 109

The Socio-Economic dimension of Human Rights in India,

The legal dimension of Human Rights in India and
The role of international organizations and NGOs in promotion of
human rights.
In India, all citizens are entitled to enjoy the privilege of human rights.
Several initiatives have been undertaken in India for the greater protection of
the women, children and certain other groups of the society such as:
1) Sati Practice has been prohibited in India.
2) The minimum age for marriage has been fixed by law. A boy below the
age of 21 and a girl below the age of 18 cannot marry.
3) The Protection of Human Rights Act, was enacted in 1993.
4) Right to Information act was passed in 2005.
5) Child Labor (below the age of 14) is prohibited in factories, and mines.
6) Right to education has been accepted as a fundamental right in India.
The Right of Children to Free and Compulsory Education Act was
passed in 2009.
7) The Protection of Women from Domestic Violence Act was passed in
2005 to protect women from domestic atrocities.
From a sociological perspective and perfect realization of human rights the
whole society should accept the basic norms of human rights. Human rights have
three basic premises:
The individual remains the primary subject of international human
rights law,
This international human rights law accepts the existence of the
groups
Individual human rights can be fully enjoyed if certain other human
rights are fully or partially developed.
There is a distinction between human rights and humanitarian laws. The
Humanitarian laws are those rules of international law which aim to protect
people suffering due to the armed international conflicts and directly serving
military purposes.
There is always a hierarchy in the subjects of human rights law. No human
rights can be detracted from the individuals human rights, and human rights
laws recognize certain rights of the groups. Moreover, the diversity of the
cultures and civilization, beliefs and traditions, history and aspirations

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Nume: Crina-Nicoleta Magher
Seria II,Grupa : 109

re-flected in polico-legal system, give rise to ever changing meaning to human

rights.

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