Rights

What are human rights?

Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.
Universal human rights are often expressed and guaranteed by law, in the forms of treaties, customary international law , general principles and other sources of international law. International human rights law lays down obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups.

Universal and inalienable

The principle of universality of human rights is the cornerstone of international human rights law. This principle, as first emphasized in the Universal Declaration on Human Rights in 1948, has been reiterated in numerous international human rights conventions, declarations, and resolutions. The 1993 Vienna World Conference on Human Rights, for example, noted that it is the duty of States to promote and protect all human rights and fundamental freedoms, regardless of their political, economic and cultural systems.
All States have ratified at least one, and 80% of States have ratified four or more, of the core human rights treaties, reflecting consent of States which creates legal obligations for them and giving concrete expression to universality. Some fundamental human rights norms enjoy universal protection by customary international law across all boundaries and civilizations.
Human rights are inalienable. They should not be taken away, except in specific situations and according to due process. For example, the right to liberty may be restricted if a person is found guilty of a crime by a court of law.

Interdependent and indivisible

All human rights are indivisible, whether they are civil and political rights, such as the right to life, equality before the law and freedom of expression; economic, social and cultural rights, such as the rights to work, social security and education , or collective rights, such as the rights to development and self-determination, are indivisible, interrelated and interdependent. The improvement of one right facilitates advancement of the others. Likewise, the deprivation of one right adversely affects the others.

Equal and non-discriminatory

Non-discrimination is a cross-cutting principle in international human rights law. The principle is present in all the major human rights treaties and provides the central theme of some of international human rights conventions such as the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women.
The principle applies to everyone in relation to all human rights and freedoms and it prohibits discrimination on the basis of a list of non-exhaustive categories such as sex, race, colour and so on. The principle of non-discrimination is complemented by the principle of equality, as stated in Article 1 of the Universal Declaration of Human Rights: “All human beings are born free and equal in dignity and rights.”

Both Rights and Obligations

Human rights entail both rights and obligations. States assume obligations and duties under international law to respect, to protect and to fulfil human rights. The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights abuses. The obligation to fulfil means that States must take positive action to facilitate the enjoyment of basic human rights. At the individual level, while we are entitled our human rights, we should also respect the human rights of others.

All human rights :

  Right to Equality

  Freedom from Discrimination

  Right to Life, Liberty, Personal Security

  Freedom from Slavery

  Freedom from Torture and Degrading Treatment

  Right to Recognition as a Person before the Law

  Right to Equality before the Law

  Right to Remedy by Competent Tribunal

  Freedom from Arbitrary Arrest and Exile

  Right to Fair Public Hearing

  Right to be Considered Innocent until Proven Guilty

  Right to Free Movement in and out of the Country

  Right to Asylum in other Countries from Persecution

  Right to a Nationality and the Freedom to Change It

  Right to Marriage and Family

  Right to Own Property

  Freedom of Belief and Religion

  Freedom of Opinion and Information

  Right of Peaceful Assembly and Association

  Right to Participate in Government and in Free Elections

  Right to Social Security

  Right to Desirable Work and to Join Trade Unions

  Right to Rest and Leisure

  Right to Adequate Living Standard

  Right to Education

  Right to Participate in the Cultural Life of Community

  Right to a Social Order that Articulates this Document

  Community Duties Essential to Free and Full Development

  Freedom from State or Personal Interference in the above Rights

  Freedom from Interference with Privacy, Family, Home and Correspondence

  1. Civil Rights

“Civil rights” are the rights of individuals to receive equal treatment (and to be free from unfair treatment or “discrimination”) in a number of settings — including education, employment, housing, and more — and based on certain legally-protected characteristics.
Historically, the “Civil Rights Movement” referred to efforts toward achieving true equality for African-Americans in all facets of society, but today the term “civil rights” is also used to describe the advancement of equality for all people regardless of race, sex, age, disability, national origin, religion, or certain other characteristics.

Where Do Civil Rights Come From?

Most laws guaranteeing and regulating civil rights originate at the federal level, either through federal legislation, or through federal court decisions (such as those handed down by the U.S. Supreme Court). States also pass their own civil rights laws (usually very similar to those at the federal level), and even municipalities like cities and counties can enact ordinances and laws related to civil rights.

“Civil Rights” vs. “Civil Liberties”

“Civil rights” are different from “civil liberties.” Traditionally, the concept of “civil rights” has revolved around the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.), while “civil liberties” are more broad-based rights and freedoms that are guaranteed at the federal level by the Constitution and other federal law.

Civil Rights : Getting a Lawyer’s Help

If you believe you have suffered a civil rights violation, the best place to start is to speak with an experienced Civil Rights Attorney. Important decisions related to your case can be complicated — including which laws apply to your situation, and who is responsible for any harm you suffered. A Civil Rights Attorney will evaluate all aspects of your case and explain all options available to you, in order to ensure the best possible outcome for your case.

  • Consumer Rights

The Consumer Protection Act guarantees the following six Consumers Rights:

  Right to Safety:The right to be protected against the marketing of goods and services, which are hazardous to life and property.

  Right to be informed:The right to be informed about thequality, quantity, potency, purity, standard and price of goods or services, as the case may be so as to protect the consumer against unfair trade practices.

  Right to Choose:The right to be assured, wherever possible, access to a variety of goods and services at competitive prices.

  Right to be heard: The right to be heard and to be assured that consumer’s interests will receive due consideration at appropriate fora.

  Right to Redressal:The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers.

  Right to Consumer Education

The consumer rights protection in india

In India The Consumer protection act, 1986 is governing consumer protection. Under this law, Separate Consumer Dispute Redress Forums have been set up throughout India in each and every district in which a consumer [complaint can be filed by both the consumer of a goods as well as of the services] can file his complaint on a simple paper with nominal court fees and his complaint will be decided by the Presiding Officer of the District Level. Appeal could be filed to the State Consumer Disputes Redress Commissions and after that to the National Consumer Disputes Redressal Commission (NCDRC). The procedures in these tribunals are relatively less formal and more people friendly and they also take less time to decide upon a consumer dispute when compared to the years long time taken by the traditional Indian judiciary. In recent years, many effective judgment have been passed by some state and National Consumer Forums. The Contract Act of 1982 act lays down the conditions in which promises made by parties to a contract will be legally binding on each other.It also lays down the remedies available to aggregate party if the other party fails to honour his promise. The Sale of Goods Act of 1930 act provides some safeguards to buyers of goods if goods purchased do not fulfill the express or implied conditions and warranties. The Agriculture Produce Act of 1937 act provides grade standards for agricultural commodities and live stock products.It specifies the conditions which govern the use of standards and lays down the procedure for grading, marking and packaging of agricultural produce

  • Women Rights

Some legal rights for every women :

As we grow into an economic and political powerhouse in the international arena, the rights and opportunities that have been provided for all of us in the Constitution are also gaining prominence. Additionally, women have taken the centre stage by gradually moving into the workforce and getting career-oriented. However, mental, physical and sexual harassment, misogyny and gender inequality continue to be a way of life for most of them. It is in this context that her awareness of the legal rights, mandated by Indian law, gains significance.

1. Right to equal pay

According to provisions under the Equal Remuneration Act, one cannot be discriminated on the basis of sex when it comes to salary or wages.

2. Right against harassment at work

The enactment of the Sexual Harassment of Women at Workplace Act gives you the right to file a complaint against sexual harassment.

3. Right to anonymity

Victims of sexual assault have a right to anonymity. To ensure that her privacy is protected, a woman who has been sexually assaulted may record her statement alone before the district magistrate when the case is under trial, or in the presence of a female police officer.

4. Right against domestic violence

The act primarily looks to protect a wife, a female live-in partner or a woman living in a household like a mother or a sister from domestic violence at the hands of a husband, male live-in partner or relatives. She or anybody on her behalf, can file a complaint.

5. Right to maternity-related benefits

Maternity benefits are not merely a privilege of the working woman, they are a right. The Maternity Benefit Act ensures that the new mother does not suffer any loss of earnings following a period of twelve weeks after her delivery, allowing her to rejoin the workforce.

6. Right against female foeticide

It is a duty imposed on every citizen of India to allow a woman to experience the most basic of all rights ­— the right to life. The Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PCPNDT) ensures her right against female foeticide.

7. Right to free legal aid

All female rape victims have the right to free legal aid, under the Legal Services Authorities Act. It is mandatory for the Station House Officer (SHO) to inform the Legal Services Authority, who arranges for the lawyer.

8. Right not to be arrested at night

A woman cannot be arrested after sunset and before sunrise, except in an exceptional case on the orders of a first class magistrate.

9. Right to dignity and decency

In the event that an accused is a woman, any medical examination procedure on her must be performed by or in the presence of another woman.

10. Right to property

The Hindu Succession Act allows women and men equal share in inheritance, thereby setting new rules and regulations

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