In the modern world there are few areas of human activity that remain untouched by ideas about rights and duties. This is especially true of areas involving the lives of people at a more vulnerable level. Whether they are immigrants, women, children, LGBTQI+ individuals, incarcerated persons or the descendants of indigenous peoples, all these groups face challenges related to their ability to live their lives as freely as others. Governments are responsible for these groups’ safety and well-being, which requires them to meet certain minimum standards in their laws, policies and actions.
Human rights, which are enforceable in international law by the United Nations and other bodies, are a set of principles concerning equality and fairness. They are based on the fundamental value that all persons have equal dignity and worth. They are not just some kind of political fad, but a long-standing and fundamental feature of all societies.
Most major governments at the time of drafting and ratifying international human rights treaties did their best to ensure that they did not impose any obligation on them to enforce these principles domestically. This was done in order to avoid a situation where their own people, who were being discriminated against and oppressed, would acquire leverage on the basis of these wide-reaching rights.
Moreover, the drafting and ratification of human rights treaties involved a complex political process that is not without its shortcomings. It is important to remember that the resulting lists of rights do not have any intrinsic validity or authority. It is a common mistake to assume that simply because a right appears on an official list of human rights it necessarily has the status of a recognized right.
The question of how to define and describe human rights has been the subject of much philosophical and theoretical discussion. Some argue that human rights codify moral behaviors that have evolved through a natural legal process (on the basis of different philosophical and religious beliefs). Others point out that human rights reflect a pattern of social expectations that people can call upon to hold their leaders accountable for their actions.
It is also possible to conceive of a set of human rights in more limited terms, such as those dealing only with extremely important goods, protections and freedoms. This approach may limit “rights inflation” but it does not guarantee that every norm will be considered a human right.
Some of the most important aspects of human rights are those relating to freedoms and the capacity for self-determination. These are often referred to as the “universal core” of human rights. This core includes freedoms of movement, speech, religion and the right to private property.
In addition to these universal core human rights, many countries have ratified a number of additional regional and special treaties that focus on specific types of discrimination or violations. These treaties usually have a section that deals with the rights of some particularly vulnerable group. These include rights for the disabled, minorities, women, incarcerated persons and indigenous peoples.