HUMAN RIGHTS
1. Introduction
Every individual is valuable and worthy. Recognizing and upholding each person's
fundamental rights is one way we show our appreciation for them.
A collection of values pertaining to justice and equality are known as human rights.
They acknowledge that we are free to live the lives we choose and to reach our full
potential as people. They are about leading a life devoid of intimidation, harassment,
or prejudice.
In general, human rights refer to a set of fundamental rights that people all over the
world have recognized as being vital. These include the freedom from torture and
other cruel and inhumane treatment, the right to a fair trial, the freedom of speech
and religion, and the rights to health, education, and an adequate standard of living.
All people everywhere, rich or poor, male or female, have the same rights under the
law, regardless of their upbringing, place of residence, or beliefs or opinions. The
universality of human rights stems from this.[1]
2. Conventions on Human Rights
The corpus of international human rights law has grown as a result of numerous
treaties and other instruments ratified since 1945. In addition to the Convention on
the Rights of the Child (1989), the Convention on the Prevention and Punishment of
the Crime of Genocide (1948), the International Convention on the Elimination of All
Forms of Racial Discrimination (1965), the Convention on the Elimination of All
Forms of Discrimination against Women (1979), and others, are among them.[2]
3. Critiques
Human rights criticism from an empirical perspective has intensified. Even with their importance in late modernity, human rights are criticized for being irrelevant and are even predicted to disappear. These assessments with a social science bent adhere to a well-known critique repertory. An increasing amount of empirical research, primarily in the fields of sociology, political science, and anthropology but also in economics and social psychology, highlights and supports concerns about distributive equality, material efficacy, and sociological legitimacy. But a counter-critique has also been sparked by the criticism. A growing amount of contradictory data and intermediate-level theory points to a greater degree of success than previously thought for the shift toward human rights.
This paper argues that the presence of normative biases in the research and the lack of agreement on common evaluation benchmarks make it difficult to draw any firm conclusions. However, in order to ensure that the political project of human rights is both equitable and successful, it is important to take into account critiques and counter-critiques given the emergence of the postliberal order and the growing concern over respect for human rights in both democracies and autocracies.[3]
4. How Protection of Human Rights Act came into
Being?
India signed and ratified the Universal Declaration of Human Rights in 1948, which
included goals for ensuring that human rights be recognized and upheld everywhere.
India also incorporated the fundamental rights and the evolution of human rights into
its constitution. Subsequently, between 1968 and 1993, India ratified a number of
international treaties pertaining to the preservation of human rights, including:
The global agreement to end all forms of discrimination based on race
The worldwide agreement on civil and political rights
The global agreement on social, cultural, and economic rights
The convention aimed at ending discrimination against women in all its forms
The Children's Convention on Human Rights
India's parliament passed historic laws, including the protection of human rights act
on December 18, 1993.
a. Protection of Human Right Act, 1993?
On September 28, 1993, the Protection of Human Rights Act, 1993, went into effect
retroactively.
It covers all of India, and in the case of JK, it only covers issues relating to the
Concurrent List and the Union List.
In order to safeguard human rights, the Protection of Human Rights Act, 1993 was
passed, establishing the Human Rights Courts, the State Human Rights
Commission, and the National Human Rights Commission.[4]
5. Conclusion
Human rights conflicts will unavoidably occur in a variety of settings, such as
workplaces, homes, and educational institutions. It is ultimately the duty of
employers, housing providers, educators, and other accountable parties covered by
the Code to uphold an inclusive workplace free from harassment and discrimination
and where everyone's human rights are honored. Businesses and establishments
doing business in Ontario are required by law to take action to avoid conflicts
between rights and to address them when they arise.
This policy aims to give organizations, legislators, litigants, adjudicators, and others
straightforward, understandable guidance on how to evaluate, manage, and settle
competing rights claims. Based on current case law, it lays out a procedure for
handling competing rights situations that organizations can use exactly as is or
modify to suit their own unique requirements. Organizations can prevent expensive
and time-consuming litigation by addressing competing rights issues promptly,
proactively, and effectively. This will help to ease tension and conflict before it
worsens. These actions will assist organizations in shielding themselves from liability
in cases where litigation cannot be avoided.
6. Citation
1. Introduction available at https://humanrights.gov.au/ourwork/education/introduction-human-rights (Last visited on 4 December at 7:10
am)
2. Conventions on Human Rights available at https://www.un.org/en/globalissues/human-rights (Last visited on 4 December at 8:00 am)
3. Critiques available at https://www.cmi.no/publications/6779-critiques-of-human-rights
(Last visited on 3 December at 8:20 pm)
4. Protection of Human Rights Act available at
https://www.drishtiias.com/loksabha-rajyasabha-discussions/75-years-lawsthat-shaped-india-the-protection-of-human-rights-act-1993 (Last visited on 3
December at 10:00 pm)
