Lecture 3

Human Rights Principles

“All human rights are universal, indivisible and interdependent and interrelated. The
international community must treat human rights globally in a fair and equal manner, on the
same footing, and with the same emphasis. While the significance of national and regional
particularities and various historical, cultural and religious backgrounds must be borne in
mind, it is the duty of States, regardless of their political, economic and cultural systems, to
promote and protect all human rights and fundamental freedoms.”

World Conference on Human Rights, Vienna, 1993, Vienna Declaration and Programme of
Action, paragraph 5.

The principles are: Universal and inalienable, Interdependent and indivisible, Equal and
non-discriminatory, and Both Rights and Obligations.

Universality and Inalienability: Human rights are universal and inalienable. All people
everywhere in the world are entitled to them. The universality of human rights is
encompassed in the words of Article 1 of the Universal Declaration of Human Rights: “All
human beings are born free and equal in dignity and rights.”

a. Human rights are universal because they are based on every human being’s dignity,
irrespective of race, colour, sex, ethnic or social origin, religion, language, nationality,
age, sexual orientation, disability or any other distinguishing characteristic. Since they
are accepted by all States and peoples, they apply equally and indiscriminately to
every person and are the same for everyone everywhere.

Example

‘Right to Life’

1. International Treaties:

 Universal Declaration of Human Rights (1948) Article 3: "Everyone has the right to
life, liberty and security of person"
  International Covenant on Civil and Political Rights (1966) Article 6(1): "Every
human being has the inherent right to life. This right shall be protected by law. No one
shall be arbitrarily deprived of his life."

Regional instruments:

1. European System:

 European Convention on Human Rights (1950) Article 2:

Inter-American System:

 American Convention on Human Rights (1969) Article 4:

2. African System:

 African Charter on Human and Peoples' Rights (1981) Article 4: Human beings are
inviolable, with right to respect for life and integrity

3. Arab System:

 Arab Charter on Human Rights (2004) Article 5: Right to life is inherent in every
human being

b. Human rights are inalienable insofar as no person may be divested of his or her
human rights, save under clearly defined legal circumstances. For instance, a person’s
right to liberty may be restricted if he or she is found guilty of a crime by a court of
law at the closure of a fair trial.

The Concept of Inalienability:

 Inalienability means that human rights cannot be taken away, given away, or
transferred

 Rights are inherent to human dignity and existence

 They are not granted by states but rather recognized and protected by them

 States cannot legitimately remove these rights

 Restrictions must be justified and proportionate

Example

Freedom of expression

1. Inherent Nature:

 Freedom of expression exists independent of state recognition

 Cannot be permanently surrendered or transferred

 Fundamental to human dignity and development

 Essential for democracy and human flourishing

Inalienable Characteristics:

1. Cannot Be permanently waived

2. Right exists even when suppressed

3. Violations don't eliminate the right

Permissible Limitations:

1. Must Meet Strict Criteria:

 Prescribed by law

 Legitimate aim

 Necessary in democratic society

 Proportionate to aim

2. Cannot Destroy Core Right:

 Restrictions must be temporary

 Core of right must remain

 Cannot amount to censorship

Human rights are indivisible and interdependent. Because each human right entails and
depends on other human rights, violating one such right affects the exercise of other human
rights.

Example

The right to life presupposes respect for the right to food and to an adequate standard of
living. Denial of the right to basic education may affect a person’s access to justice and
participation in public life.

Indivisibility: Human rights are indivisible. Whether they relate to civil, cultural, economic,
political or social issues, human rights are inherent to the dignity of every human person.
Consequently, all human rights have equal status, and cannot be positioned in a hierarchical
order. Denial of one right invariably impedes enjoyment of other rights.

Example

Thus, everyone's right to an adequate standard of living cannot be compromised at the

expense of other rights, such as the right to health or the right to education.

Interdependence and Interrelatedness: Human rights are interdependent and interrelated.

Each one contributes to the realization of a person’s human dignity through the satisfaction of
his or her developmental, physical, psychological and spiritual needs. The fulfilment of one
right often depends, wholly or in part, upon the fulfilment of others.

Example

The fulfilment of the right to health may depend, in certain circumstances, on fulfilment of
the right to development, to education or to information.

Equality and prohibition of discrimination: The right to equality obliges States to ensure
observance of human rights without discrimination on any grounds, including sex, race,
colour, language, religion, political or other opinion, national, ethnic or social origin,
membership of a national minority, property, birth, age, disability, sexual orientation and
social or other status.

Example

The Universal Declaration of Human Rights articles 1,2 & 3

Other principles:

Participation and Inclusion: All people have the right to participate in and access
information relating to the decision-making processes that affect their lives and well-being.
Rights-based approaches require a high degree of participation by communities, civil society,
minorities, women, young people, indigenous peoples and other identified groups.

Accountability and Rule of Law: States and other duty-bearers are answerable for the
observance of human rights. In this regard, they have to comply with the legal norms and
standards enshrined in international human rights instruments. Where they fail to do so,
aggrieved rights-holders are entitled to institute proceedings for appropriate redress before a
competent court or other adjudicator in accordance with the rules and procedures provided by
law. Individuals, the media, civil society and the international community play important
roles in holding governments accountable for their obligation to uphold human rights.

Sources

United Nations Human Rights Office of the High Commissioner Text book

https://www.ohchr.org/sites/default/files/Documents/Publications/
HandbookParliamentarians.pdf

Texts and Materials on International Human Rights Rhona K. M Smith

https://www.academia.edu/32765988/
_Rhona_Smith_Texts_and_Materials_on_International_BookFi_