Legal Definitions - human rights

Human rights are the fundamental entitlements and protections that every individual possesses simply by virtue of being human. These rights are considered inherent, universal, and inalienable, meaning they apply to everyone, everywhere, regardless of their nationality, ethnicity, gender, religion, or any other status, and cannot be taken away. They serve as essential safeguards against abuse by governments and other powerful entities, ensuring basic freedoms, dignity, and equality. Human rights also encompass certain benefits and opportunities that societies are expected to provide to enable individuals to live a full and dignified life. These principles are often enshrined in international treaties, declarations, and national laws.

• Example 1: Protection from Arbitrary Detention

  Imagine a scenario where a government arrests a journalist who published critical articles, holding them indefinitely without charge, denying them access to legal counsel, and refusing to bring them before a court. This situation would represent a clear violation of the journalist's human rights, specifically the right to liberty, the right to a fair trial, and freedom from arbitrary detention. Human rights principles dictate that no one should be deprived of their freedom without a legal basis and due process.

• Example 2: Access to Essential Services

  Consider a country where a significant portion of the population, particularly in rural areas, lacks access to basic healthcare facilities, clean drinking water, and adequate sanitation, leading to preventable diseases and high mortality rates. From a human rights perspective, the government has an obligation to progressively ensure access to these essential services for all its citizens. This illustrates the "positive" aspect of human rights, where states are expected to provide certain benefits necessary for a dignified life, such as the right to health and an adequate standard of living.

• Example 3: Non-Discrimination and Freedom of Expression

  Suppose a particular ethnic minority group within a nation is systematically prevented from establishing their own schools or publishing newspapers in their native language, while the majority population enjoys full freedom to do so. This would constitute a violation of human rights, specifically the right to freedom of expression and the principle of non-discrimination. Human rights ensure that all individuals and groups are treated equally under the law and can exercise their fundamental freedoms without prejudice based on their identity.