1. What are human rights and where do they come from? The term “human rights” is a relatively modern invention. It covers under its umbrella three different types of rights: the fundamental freedoms or classical civil liberties, ethnic and religious rights socio-economic rights.
Some constitutions have enumerated the first or the first and the second and attempted to set up judicial enforcement of such rights. The third category has not been stated in a constitution in an enforceable form, but some constitutions refer to them as directive principles of state policyCivil libertiesSome constitutions contain a statement of human rights professedly in order to safeguard the freedoms of individuals and groups in society. Other constitutions may not, but freedom operates as a politically and socially persuasive doctrine. There is no agreement as to the content of such rights.
The more important rights may be said to include the right of each individual to: freedom of speech and expression freedom from arrest or detention except under authority of law, freedom from cruel, inhumane or degrading punishments and the right to a fair trial by a competent and independent court freedom to enjoy lawfully acquired property equality of opportunity (including freedom from discrimination) freedom of assembly and association (including public meeting and withdrawal of labour) freedom of thought, conscience and religion freedom to contract freedom to engage in a trade, profession or occupation freedom of movement within a nation and across national borders
Ethnic rights
Nations with multi-linguistic, multi-cultural, multi-racial and multi-religious populations may also attempt to safeguard minorities in their charter of rights. The notion of equality before the law and equal protection of the law underlies the above rights and is generally included in constitutions which have bills of rights though in a particular- situation it may be available in conjunction with some other right. The idea of equality before the law implies that persons or groups must not be discriminated against without justification. The words “without justification” are relevant.
Discrimination is inevitable in human affairs because of the differences between human beings, accidents (both natural and man induced) and many factors which affect the nurture and development of individuals. Social Welfare Rights Some constitutions also contain what may be called principles of state policy. These by their nature are not justifiable in the courts and are inserted for the guidance of the legislatures and government of the country.
Among topics which are placed in this category are the duties of the state: to secure full employment for all people of working age, to provide adequate standards of living and education to all citizens, to rapidly develop the country, to distribute the social product equitably, to eliminate economic and social privilege and disparity, to ensure social security and welfare, to develop the culture and languages of ethnic groups, to protect the environment, to safeguard the independence, sovereignty, unity and territorial integrity of the country and to promote international peace and co-operation.
2. What part has the United Nations played in obtaining more rights for people around the world. Part C Conclusion1 page max1. Why do some people around the world enjoy a better level of rights than others? 2. Do we have an obligation toward people if they are less well off? What benefits may come from a more equal distribution of Human Rights around the world? .
