The concept of human rights is based on the observation that people everywhere require the realization of diverse values or capabilities to ensure their well-being. When these needs are not met — whether conceived as moral or legal demands, as a result of social or natural forces — they often lead to exploitation, oppression and persecution, and can therefore be regarded as violations of the human rights of others. These observations are the basis of the concepts of human rights, as expressed in international law, and of a wide range of national and regional legal processes related to them.
Human rights – including civil and political, economic and cultural rights – are inalienable, indivisible, interrelated and mutually supportive. They are fundamental to a person’s dignity and are not dependent on the state of being, religion or any other ideology. All governments, regardless of their political and economic systems, have a duty to respect, protect and promote all human rights.
The term “human rights” is relatively new, having only entered common parlance since the end of World War II, with the creation of the United Nations in 1945 and its adoption of the Universal Declaration of Human Rights in 1948. It replaced the earlier phrase, “the rights of man,” which had fallen out of favour in the 19th century due to the rise of the theory of natural law. Natural law argued that moral principles could be found independently of human construction and that these were binding on all people in the same way as laws of nature.
While it may be possible to find some moral norms that are commonly held, there is no agreed definition of a “right” in the sense that one might find a set of measurable, verifiable characteristics that comprise a real right, as distinct from a goal-like notion of a right (see Beitz 2009). Nevertheless, it is generally accepted that a right has the following features:
The first feature is the fundamental principle of non-discrimination. People have the right not to be discriminated against on the grounds of race, colour, sex, gender identity or expression, age, language, sexual orientation, religious or other belief system, political or other opinion, national or social origin, disability, property or birth. This includes the right to equal protection and equal benefit of the laws of a country.
Another feature of a human right is the prohibition on torture and cruel treatment. The International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted in 1976, sets out a minimum standard for states that ratifies it to ensure that they prohibit torture and other cruel, inhuman or degrading treatment of prisoners.
Finally, the prohibition on the use of excessive force in conflict is an important human right. When the use of excessive force leads to loss of life, it is usually a violation of this human right. Unresolved violations of this kind make it much more difficult for parties to a conflict to move toward reconciliation and peacebuilding.