Definition and Characteristics of Human Rights
Human rights are the fundamental rights and freedoms to which every individual is entitled, simply by virtue of being human. They are universal, inalienable, and indivisible, meaning they apply to all people, cannot be arbitrarily taken away, and are equally important in ensuring dignity and justice for individuals and societies.
Definition of Human Rights
The term human rights refers to the moral and legal entitlements that individuals possess, which protect their dignity, freedoms, and basic needs. These rights are outlined in international documents like the Universal Declaration of Human Rights (UDHR, 1948) and are enforced through legal systems at both national and international levels.
John Donnelly (2013) defines “Human rights are the rights one has simply because one is a human being. They are universal and apply equally to all individuals, independent of legal systems or cultural traditions.”
Michael Freeman (2017) defines “Human rights are moral and legal claims that individuals can make on society, which are essential for the protection of human dignity and the fulfillment of basic human needs.”
Jack Donnelly & Rhoda E. Howard (1987) defines “Human rights are a set of social practices designed to realize human dignity by ensuring individuals have the means to develop their capabilities and participate fully in society.”
Micheline Ishay (2008) states “Human rights are evolving principles of justice that aim to protect individual freedoms and collective well-being, shaped by historical struggles and social movements.”
Rhoda Howard-Hassmann (2010) defines “Human rights are those claims and entitlements that are necessary for people to live with dignity, equality, and freedom from oppression.”
Characteristics of Human Rights
Human rights possess certain essential characteristics that make them fundamental to human dignity and justice. The following are key characteristics of human rights:
Universality
Universality is a fundamental characteristic of human rights, meaning that these rights apply to all individuals, regardless of their nationality, ethnicity, gender, or social status. Human rights are considered inherent to all human beings by virtue of their humanity, and they are not limited by legal systems, cultural norms, or specific political contexts. This principle ensures that every person is entitled to the same basic rights and freedoms, such as the right to life, freedom of expression, and protection from torture, irrespective of where they live or their background. The universality of human rights is enshrined in international agreements like the Universal Declaration of Human Rights (UDHR), which asserts that all human beings are entitled to the same fundamental protections and dignity.
Inalienability
Inalienability is a key characteristic of human rights, asserting that these rights cannot be taken away, surrendered, or transferred, even in extreme circumstances. Human rights are inherent to every individual by virtue of their humanity, and they remain intact regardless of the individual’s legal or social status. While certain rights may be subject to temporary limitations under specific conditions, such as the right to liberty during imprisonment, the core human rights—such as the right to life, dignity, and freedom from torture—cannot be forfeited or revoked. This ensures that all individuals maintain their fundamental rights throughout their lives, regardless of their actions or the actions of others. Inalienability reinforces the idea that human dignity is non-negotiable and must be protected under all circumstances.
Indivisibility
Indivisibility is a fundamental characteristic of human rights, meaning that all rights—civil, political, economic, social, and cultural—are equally important and interconnected. No single right can be fully enjoyed without the others, and the violation of one right can often affect the enjoyment of others. For instance, the right to education is linked to the right to freedom of expression, and the right to work depends on the protection of other social rights like healthcare and adequate living standards. Indivisibility emphasizes that all human rights are part of a unified whole, and efforts to promote or protect them must address all aspects together rather than in isolation. This principle underlines the importance of a holistic approach to human rights, ensuring that the full spectrum of rights is upheld to achieve human dignity and equality.
Interdependence and Interrelatedness
Interdependence and interrelatedness are key characteristics of human rights, emphasizing that the realization of one right often depends on the fulfillment of others. Rights are interconnected, and the enjoyment of civil and political rights, such as freedom of expression, is closely tied to economic, social, and cultural rights, such as access to education and healthcare. For example, the right to a fair trial cannot be fully realized without access to legal representation or a functioning judicial system, both of which are linked to economic and social stability. This interdependence means that the protection of human rights requires a comprehensive approach that considers how different rights support and reinforce each other, recognizing that the absence or violation of one right can undermine the effectiveness of others.
Equality and Non-Discrimination
Equality and non-discrimination are central characteristics of human rights, asserting that all individuals are entitled to the same rights and freedoms, regardless of their race, gender, nationality, religion, or other status. This principle ensures that no one is denied their human rights based on arbitrary distinctions and that every person, without exception, should be treated with equal dignity and respect. Equality and non-discrimination emphasize fairness in access to resources, opportunities, and protection under the law, preventing practices that marginalize or disadvantage certain groups. By upholding this principle, societies can work toward eliminating unjust inequalities and fostering an inclusive environment where everyone’s rights are respected and upheld.
Legally Protected
Legally protected is a fundamental characteristic of human rights, meaning that these rights are enshrined in national and international legal frameworks, providing individuals with the ability to seek redress if their rights are violated. Human rights are not merely moral ideals but are codified in treaties, laws, and constitutions, which obligate governments and institutions to uphold and enforce them. Legal protections for human rights include mechanisms like courts, tribunals, and international bodies such as the United Nations, which allow individuals and groups to challenge violations and demand accountability. The legal recognition of human rights ensures that violations are addressed systematically, providing individuals with a means of protection and justice.
Dynamic and Evolving
Dynamic and evolving is an important characteristic of human rights, signifying that these rights are not static but adapt and expand in response to changing societal needs, challenges, and global developments. As societies progress and new issues emerge, such as digital rights, environmental protection, and climate justice, human rights frameworks evolve to address these concerns. This adaptability ensures that human rights remain relevant and continue to protect individuals in a rapidly changing world. For example, the rise of technology and social media has led to the recognition of new rights, such as the right to digital privacy. The dynamic nature of human rights reflects the ongoing commitment to safeguarding human dignity in diverse contexts and ensures that these rights are continually reinforced and updated to meet contemporary needs.
Fundamental and Essential
Fundamental and essential are defining characteristics of human rights, underscoring that these rights are vital for the dignity, well-being, and development of every individual. Human rights are considered the basic standards of treatment that are necessary for individuals to live a life of freedom, equality, and respect. They are not privileges granted by the state, but inherent entitlements that every person is born with, forming the foundation for a just and equitable society. These rights are essential for the protection of individuals from harm, exploitation, and oppression, ensuring that every person has the opportunity to reach their full potential. As such, the recognition and enforcement of human rights are crucial for fostering a society that values human dignity and promotes justice for all.
Definition and Principles of Humanism