Abstract
Human rights in the contemporary world encompass a range of fundamental freedoms and characteristics. These rights include civil, political, economic, social, and cultural aspects. While progress has been made, challenges persist, including issues such as discrimination, inequality, poverty, censorship, and violations of freedom of expression. Governments, organizations, and individuals continue to advocate for the protection and promotion of human rights through international agreements, laws, and awareness campaigns.
Despite all the laws and conventions there has been violation of human rights through various activities such as mob violence, racial discrimination, high number of Under trial prisoners, misuse of power given to the authorities under preventive detention laws and many more.
Key words- Violation, Human Rights, Constitution of India, Violence
Introduction
Human rights are the rights inherent in all human beings, regardless of race, location, gender, sexual orientation, gender, race or ethnicity, colour, religion, language, or other circumstances. We all love equal human rights without discrimination.” By Marco Sutto
So, the question is, does the foetus have human rights?
According to the preamble, there should be no distinction in the rights that a child has before and after birth, but according to Article 21 of the Indian Constitution, the person is interpreted as being excluded from “Metra”, the mother does not see the unborn child or foetus as a person, which means that the baby does not have the right to life. The protection and promotion of human rights have become a priority in today’s world. These developments are reflected in the dissemination of human rights discourse in international relations and law. The concept of human rights has become universally recognized and useful throughout the world as it penetrates international relations and law.
The dominance of human rights discourse on the world stage can be explained by its globalization, which is one of the most important political values of our time. According to many sources, the human rights debate has taken over the world stage and become an important part of international politics. This development of events was during the Second World War when the imperial authorities brutally treated unarmed people, for instance, many innocent Jews were sent into deadly gas chambers. It can be seen as a response to human suffering during World War II.
Today, the history of international human rights administration goes back to this period of trying to improve human rights so that these harms do not happen again. However, from time to time and due to many reasons Human Rights are violated, like Recently an angry mob in Nuh (Mewat) tried to attack a bus full of women and children. Luckily there was a person named Abhishek Chauhan who died in that communal violence and was there to protect those women and children during the attack on Jalabhishek Yatra, Sadly he was killed in that violence. In Tahseen s. Poonawalla v. Union of India, the Supreme Court of India stressed that it was the responsibility of the state to prevent such acts.
The discourse of human rights under international law runs parallel with the adoption of neoliberal policies by third-world nations that uphold the core principle of private property for the right to speak among people.
History
The post-Cold War world seems materially productive and productive in terms of advancing and maintaining human welfare. The establishment of the International Criminal Court in 1990 and the replacement of the UN Human Rights Commission by the Human Rights Council in 2006 were important steps forward and demonstrated a commitment to advancing human rights worldwide. In the years following World War II, the language of the human rights movement expanded and became more readable.
Individual rights have been asserted in numerous written texts such as the Magna Carta (1215), the French Declaration of Man and Citizens (1789), and the US Bill of Rights (1791).
There was a long history before the fall of human rights, in medieval India, all kings or rulers were seen to have morality as the pillar of human rights, we can say it was a moral and ethical practice in ancient times. There was a book at the time that said that everyone should follow natural justice for all fallen and the king is considered a righteous man above the law, and it is his responsibility to maintain the law and order to regulate and ensure human rights to all citizens. A distinguishing aspect of Ancient Indian Law was that it was secular in nature and founded on the Dharma . Human rights in medieval India were primarily governed by the concept of Dharma.
In the 20th century, the United Nations was created in 1945 at the end of World War II. Three years later, in 1948, the Universal Declaration of Human Rights (UDHR), consisting of 30 articles, was published to the world, recognizing international power and human rights Human rights are now emphasized in numerous international agreements, treaties, conventions, and government legislation. To protect human rights, human beings must be treated with dignity and humanely.
On the other hand, In a sense, ignoring human rights involves treating people as less mortal, inferior, and undeserving of respect and dignity compared to other members of society. Genocide, medical experimentation, enslavement, etc. are just some examples of “Crime against Humanity”.
Human Rights are just not an overnight concept and have been taken up in Human rights exist in all human beings because they are human. They contain many of the rights and freedoms necessary for a dignified and fulfilling life. These rights include civil and political rights such as the right to life, liberty,and freedom of expression, and economic, social, and cultural rights such as the rights to education, health, and quality of life.
Human Rights Council
It was formed in 2006, and it is the chief organ of the United Nations concerned with human rights. It consists of member countries and has superseded the defunct UN Human Rights Commission. The Forum takes regular meetings at Geneva to examine and address human rights issues from around the globe. It possesses the power of investigating crimes, issuing recommendations, and convening discussions on the subject of human rights.
The UNHRC has made some improvements in countering these issues. Plans to change its membership guidelines and improve transparency in its proceedings have been mooted to support the efficacy and impartiality of the Council. In addition, greater involvement by civil society and non-governmental organisations to provide information and analysis has made the deliberations of the Council more intense.
- Reporting and Monitoring: The UNHRC systematically examines human rights situations across the globe. Through mechanisms such as the Universal Periodic Review (UPR), the Council assesses the human rights record of its member states, with an open opportunity for them to be held accountable.
- Fighting Violations: In creating special rapporteurs and independent experts, the Council investigates cases of human rights violation. The mandates cover a vast array of human rights concerns ranging from freedom of speech to minority rights and indigenous people’s rights.
- Facilitating Dialogue and Cooperation: The Council is a platform on which nations can engage in contentious issues and exchange best practices. This communication is central in the development of common approaches and international cooperation in addressing challenges of human rights.
Human Rights Treaty Bodies
Some bodies were established with independent experts to monitor and adhere to the same significant international laws concerning human rights.
Every state or nation that is party to a treaty has an obligation to ensure peace and defend Human Rights. The treaty bodies examine periodic and regular reports made by states and make recommendations and give advice to safeguard human rights situations. Through-
- Special Procedures: The United Nations has deployed special journalists and specialists, referred to as special procedures, to investigate and report on matters related to the rights of the same individuals from a given context or from a specific nation. The specialists look into and follow up on human rights situations and offer recommendations for rectifying abuses.
- Special Adviser to the Anti-Poaching and Conservation Mission: This is crucial in averting and responding to collective harassment. They raise awareness, promote action, and lobby for steps to avert murders and safeguard those at risk. Their efforts prevent abuse and ensure human rights protection.
This article sets the basic rights and freedoms of every individual irrespective of race, ethnicity, or sex. This is a global standard of human rights. Yet laws are violated thousands of people are killed. The United Nations has established numerous treaty bodies to promote peace and harmony throughout the globe. These instruments offer a framework in which States can discharge their obligations and secure the realization of human rights for all.
Let us examine some legal documents that can assist in the protection of human rights-
- Universal Declaration of Human Rights: This is a document that enshrines the core rights and freedoms of all human beings irrespective of race, ethnicity, and gender. It is a global benchmark for the protection of human rights. Other Documents Apart from the International Declaration of Human Rights, the United Nations has endorsed numerous other international declarations and conventions on human rights. They propagate the concept of Human Rights and lead nations to enact rules and regulations to safeguard human rights. United Nations action in practice The United Nations’ dedication to human rights transcends the law. It acts on the ground and assists Member States to advance and defend human rights in practice.
- Peacekeeping and Diplomacy: United Nations peacekeeping and diplomacy typically encompass human rights-related activities. The objectives of these programs are to protect citizens, solve gender conflict, and uphold human rights and the rule of law. Human rights organizations in this sector collaborate with other departments to protect and advance human rights.
- Report of Human Rights Violation: Human rights violations are a serious issue in our society that threatens the fundamental pillars of freedom, equality, and dignity. These include various forms of abuse such as but not limited to torture, arbitrary detention, discrimination, and deprivation of fundamental rights such as confining a person within specific bounds without any reason. They not only cause damage to people and society but also undermine confidence in institutions and set back social development.
Most types of human rights abuses continue to exist throughout the entire world. Most are caused by imbalances of power, systemic repression, and discrimination. For example, in the case of HIV prevention and care among sex workers, unsafe working conditions, violence, harassment by the police, and discrimination are major obstacles that constitute human rights abuses.
In order to avert violations of human rights, it is essential to possess an in-depth and effectively implemented rights protection document. A rights protection document is a guideline on how to ensure that individuals are able to enjoy their rights and freedoms from any fear of discrimination, abuse, or violation. A document of this kind should define with clarity the roles and responsibilities of both governments and individuals, including a system to ensure accountability to the extent of ensuring that every party knows his/her obligations and how to preserve them.
Conclusion
Overall, human rights ensuring equality, justice, and dignity for everyone matter in the current world. The United Nations has a vital and central role in the promotion and protection of human rights through its different mechanisms and legal tools. Through its ongoing endeavors, the United Nations strives to establish a world where human rights are upheld globally and where all individuals can enjoy a life of freedom, equality, and dignity. Human rights refer to universally applicable social or material entitlements that are necessary for the satisfaction of basic needs. Such entitlements can be invoked by members of a society based on their shared humanity. Essentially, the path to a world where human rights are completely actualized for all is continuous. It involves continuous re-examination of legal structures, institutional policies, and cultural mindsets so that the potential of human rights is not idealistic, but a reality in the lives of all people.
It is our responsibility to promote and protect human rights and ensure a better tomorrow for all.
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Written by OUM NARANG
