The study and exploration of Human Rights and Human Rights Law has of late become a matter of serious concern both in lay man circles and in judicial circles and Human Rights law is going to form a major input of Jurisprudence. Many judgments made by courts could today involve Human Rights in the ultimate analysis and could influence judgments.
Basically Human Rights involves Humans and a special field of study under it covering Women’s Rights, Child rights and rights of the disabled. Constitution is the ultimate law of the country and in various articles guarantees various forms of rights that add up to dignified living.
A right is a duty of the State and Duty is the right of a state. In other words Human Rights is something the State must provide and Duties are something that individuals must perform towards the State.
What is Human Rights basically ? It has two components. First is the basic supply of requirements of individuals by the State and secondly it is to ratify or measure any misuse of State machinery to the detriment of any individual. Both these components add up to Human Rights Law. Civilized societies have higher order understanding and implementation of Human Rights.
What are basic necessities of an Individual. Some of these are discussed in the Maslows Need Hierarchy. At the fundamental level is the biological needs like food and water and the like which must be provided by the State mechanism. The next level is the Security needs.. it would involve shelter and the protection of an individual’s personal belongings. The next level is affiliation needs like the right to make purposeful associations and friendships and other legally approved associations like Marriage..Next comes ego needs..the need to own possessions of any kind and finally Actualization needs..the right to express oneself in various forms and mannerisms. State has to provide these basic inputs. In many cases in Courts Human rights form an intrinsic component and also the basis on which judgments can be made and challenged.
The second component of Human Rights is to protect the individual from the excesses of the State.State cannot exercise wrongful confinement of individuals, forced disappearances,torture both of a physical and mental kind,criminal intimidation so on and so forth. Such situations come under the Human Rights regime and can be deliberated so.
Under Human Rights come certain special provisions for women ,child and the disabled.Women have certain special rights under certain conditions and the subject matter would need a separate discussion. Under Child rights come children and infants who have an intrinsic right to be fed. They need not pay consideration for food but must be given food of adequate quality for free.Children must be given their right to express themselves. So is rights of disabled.Rights of disabled is in the form of reservations or specialized provisions.
The above is in a nut shell what Human Rights are all about and the subject continues to grow vociferously with time and would be an area of serious concern of Human Beings around the globe.
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