Basic Concept of Human Rights hH Human Rights For All By: Ali Palh Email: alipalh@gmail.com , rightsnowpak@gmail.com Organization:RightsnowPakistan (www.rightnowpak.org)
Understanding the concept
What are Human Rights? Human rights are rights inherent to all human beings, including you. Human rights are rights and freedom to which all humans are entitled.” Proponents of the concept usually assert that everyone is endowed with certain entitlements merely by reason of being human.
Regardless of your Status No matter what you NATIONALITY is No problem where you PLACE OF RESIDENCE Your SEX is not an issue Your ETHNICITY does not affect your entitlement to rights Your COLOR has no role in deciding your rights Your RELIGION does not matter for you to be right holder LANGUAGE has no role in entitlement of rights Any other STATUS does not affect your right
What are Human Rights Principles? Universality Inviolable Inalienable Indivisible Interdependent Inter-related
What are Human Rights Principles? Universality Inviolable Inalienable Indivisible Interdependent Inter-related Equality Non-discriminatory
TYPES OF RIGHTS: Negative and Positive Rights: 1. Negative Rights: is the right to be left alone. Negative rights are an absolute right whose slightest violation breaks this right. Right not be tortured. Duty bearer has to refrain. 2. Positive Rights: Right to health Right to education etc Duty bearer has to act.
Three Responsibilities of State TO RESPECT YOUR HUMAN RIGHTS: The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. TO PROTECT YOUR HUMAN RIGHTS: The obligation to protect requires States to protect individuals and groups against human rights abuses. TO FULFIL YOUR HUMAN RIGHTS : The obligation to fulfill means that States must take positive action to facilitate the enjoyment of basic human rights. At the individual level, while we are entitled our human rights, we should also respect the human rights of others.
Categories of Rights Civil and Political Rights Economic Social and Cultural Rights Individual and Community Rights Democratic Rights
Derogable and Non-Derogable Rights What is Derogation? Temporary deviation in the way of detracting from many of the rights provided in the law, international or domestic. The ACT of a state suspending the application and enjoyment of certain human rights upon its declaration of state of emergency affecting the life of a whole nation. Derogation allows an state to take necessary measures of violating human rights norms during the derogation period. Derogation is a treaty clause (ICCPR 4).
Non-Derogable Rights Following rights can never be derogated Article 6 – Right to Life (Article 9) Article 7- Right not to be tortured (Article 14 Pakistani constitution) Article 8 (paragraphs I and 2) No one shall be held in slavery (Article 11 Pakistani constitution) Article 11 – No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation. Article 15 –Protection against Retrospective Punishment (Article 12 Pakistani constitution) Article 16 - Everyone shall have the right to recognition everywhere as a person before the law. Article 18 – Freedom of thought, religion and conscience
Under what circumstances State Declares Emergencies Civil War Natural Disaster Situations affecting the life of the nation Situation threatens the public order
What are State’s responsibilities under Emergency? To inform to the parties of ICCPR To inform UN Secretary General about reasons and time period Renewal of Emergencies passed from Parliament State of Emergencies should continue until it needed The rationale behind the derogation clause permitting the suspension of certain rights is only for the sole and unique purpose of restoring normalcy and to guarantee the exercise of the most fundamental human rights.
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