CHARACTERISTICS AND NATURE OF HUMAN RIGHTS Flashcards
Human rights are conferred on an individual due to the very nature of his existence. They are inherent in all individuals irrespective of their caste, creed, religion, sex and nationality. Human rights are conferred to an individual even after his death.
Human Rights are Inalienable
In the absence of human rights, the moral, physical, social and spiritual welfare of an individual is impossible. Human rights are also essential as they provide suitable conditions for material and moral upliftment of the people.
Human Rights are Essential and Necessary
To treat another individual with dignity irrespective of the fact that the person is a male or female, rich or poor etc. is concerned with human dignity.
Human Rights are in connection with human dignity
They cannot be taken away by any power or authority because these rights originate with the social nature of man in the society of human beings and they belong to a person simply because he is a human being.
Human Rights are Irrevocable:
Human life has a purpose. The term “human right” is applied to those conditions which are essential for the fulfillment of this purpose.
Human Rights are Necessary for the fulfillment of purpose of life:
Human rights are not a monopoly of any privileged class of people. Human rights are universal in nature, without consideration and without exception. The values such as divinity, dignity and equality which form the basis of these rights are inherent in human nature.
Human Rights are Universal
Man is a social animal and he lives in a civic society, which always put certain restrictions on the enjoyment of his rights and freedoms. Human rights as such are those limited powers or claims, which are contributory to the common good and which are recognized and guaranteed by the State, through its laws to the individuals. As such each right has certain limitations.
Human Rights are never absolute -
Human rights are not static, they are dynamic. Human rights go on expanding with socio-eco- cultural and political developments within the State. Judges have to interpret laws in such ways as are in tune with the changed social values.
Human Rights are Dynamic
Human rights imply that every individual has legitimate claims upon his or her society for certain freedom and benefits. So human rights limit the state’s power.
Rights as limits to state power