Editor in Chief: Moh. Reza Huwaida Friday, April 26th, 2024

Human Rights Should be Protected

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Human Rights Should be Protected

Human rights are commonly understood as inalienable fundamental rights “to which a person is inherently entitled simply because she or he is a human being,” and which are “inherent in all human beings” regardless of their nation, location, language, religion, ethnic origin or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They require empathy and the rule of law and impose an obligation on persons to respect the human rights of others. They should not be taken away except as a result of due process based on specific circumstances, and require freedom from unlawful imprisonment, torture, and execution.

On the one hand, there is consensus that human rights encompasses a wide variety of rights such as the right to a fair trial, protection against enslavement, prohibition of genocide, free speech, or a right to education. On the other hand, there is disagreement about which of these particular rights should be included within the general framework of human rights. Some thinkers suggest that human rights should be a minimum requirement to avoid the worst-case abuses, while others see it as a higher standard.

Equality of rights for historically disadvantaged or subordinated groups is a longstanding concern of the human rights movement. Human rights documents repeatedly emphasize that all people, including women and members of minority ethnic and religious groups, have equal human rights and should be able to enjoy them without discrimination. The right to freedom from discrimination figures prominently in the Universal Declaration and subsequent treaties. The Civil and Political Covenant, for example, commits participating states to respect and protect their people’s rights “without distinction of any kind, such as race, color, sex, language, political or other opinion, national or social origin, property, birth, or social status.”

A number of standard individual rights are especially important to ethnic and religious minorities, including rights to freedom of association, freedom of assembly, freedom of religion, and freedom from discrimination. Human rights documents also include rights that refer to minorities explicitly and give them special protections. For example, the Civil and Political Covenant in Article 27 says that persons belonging to ethnic, religious, or linguistic minorities “shall not be denied the right, in community with other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language.”

The modern sense of human rights can be traced to Renaissance Europe and the Protestant Reformation, alongside the disappearance of the religious conservativism that dominated the Middle Ages. One theory is that human rights were developed during the early Modern period, alongside the European secularization. The most commonly held view is that the concept of human rights evolved in the West, and that while earlier cultures had important ethical concepts, they generally lacked a concept of human rights. For example, Alasdair McIntyre, a Scottish philosopher, argues there is no word for “right” in any language before 1400.

Moreover, one theory suggests that from Babylon, the idea of human rights spread quickly to India, Greece and eventually Rome. There the concept of “natural law” arose, in observation of the fact that people tended to follow certain unwritten laws in the course of life, and Roman law was based on rational ideas derived from the nature of things.

Throughout much of history, people acquired rights and responsibilities through their membership in a group – a family, indigenous nation, religion, class, community, or state. Most societies have had traditions similar to the “golden rule” of “Do unto others as you would have them do unto you.” The Hindu Vedas, the Babylonian Code of Hammurabi, the Bible, the Quran, and the Analects of Confucius are five of the oldest written sources which address questions of people’s duties, rights, and responsibilities.

Although belief in the sanctity of human life has ancient precedents in many religions of the world the idea of human rights, that is the notion that a human being has a set of inviolable rights simply on grounds of being human began during the era of renaissance humanism in the Early Modern period. The European wars of religion and the civil wars of seventeenth century England gave rise to the philosophy of liberalism and belief in human rights became a central concern of European intellectual culture during the 18th century Age of Enlightenment. The idea of human rights lay at the core of the American and French revolutions which inaugurated an era of democratic revolution throughout the nineteenth century paving the way for the advent of universal suffrage. The world wars of the twentieth century led to the Universal Declaration of Human Rights.

The Universal Declaration of Human Rights, which was adopted by the UN General Assembly on 10 December 1948, was the result of the experience of the Second World War. With the end of that war, and the creation of the United Nations, the international community vowed never again to allow atrocities like those of that conflict happen again.

The Universal Declaration of Human Rights is a call to freedom and justice for people throughout the world. Every day governments that violate the rights of their citizens are challenged and called to task. Every day human beings worldwide mobilize and confront injustice and inhumanity. Like drops of water falling on a rock, they wear down the forces of oppression and move the world closer to achieving the principles expressed in the Universal Declaration of Human Rights.

Hujjatullah Zia is the newly emerging writer of the Daily Outlook Afghanistan. He can be reached at outlookafghanistan@gmail.com

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