Elsa Sc S talks about a relevant issue
The current geo-political scenario has witnessed tremendous deterioration in the state of human right outrages the world over. The consistent outrages recent outrages in Indian-occupied Kashmir and the Gaza strip have brought to the fore the question of human rights once again as their trampling in the name of state security has raised a universal outcry.
Kashmiri people are under the yoke of Indian dominance for the last seven decades and the international community has completely ignored their degradation. Respect for human rights and the sanctity associated with the concept and practice appear to be in serious jeopardy and the future in this context also looks bleak.
Many observers have expressed concern about the matter and insist that the entire phenomenon is urgently required to be revisited with a view to righting the wrongs done to human beings. In this context what is essentially required to keep in view is that human rights are inherent to all human beings irrespective of nationality, domicile, gender, ethnicity, color, and creed and human beings are to be treated equally and without discrimination.
Another important factor is that human rights are interrelated, interdependent, and indivisible. Human rights are universally guaranteed by all canons of law, various treaties, and general principles. It is mandated by all dispensations to take care of the people living under their jurisdictions and they are also bound to promote human rights.
It is a well-recognized principle that human rights have a universality about them and this principle is enshrined in the Universal Declaration on Human Rights in 1948 and has since been reiterated in numerous international concordats and has become a common refrain. The 30 articles of the Declaration together form a comprehensive statement covering economic, social, cultural, political, and civil rights.
Some Legal Obligations
The document is both universal and indivisible as it avows that all rights are equally important to the full realization of one’s humanity. Since after it was proclaimed, it has acquired the status of customary international law because most states treat it as though it were law. It has however been observed that many states have not applied this customary law equally. As It is recorded that many countries have emphasized social welfare rights, such as education, jobs, and health care but often have allowed limited the political rights of their citizens.
It is also widely known that all nation-states are signatories of multiple human rights accords reflecting their consent creating legal obligations for them and giving concrete expression to universality. The spirit of such laws and regulations ensures the inalienability of human rights and that they should not be taken away, except in specific situations and according to due process.
The concept of human rights entails that all human rights are indivisible, whether they are civil or political primarily the right to life, equality before the law, and freedom of expression; economic, social, and cultural rights, social security and education and collective rights. These human right outrages are related intrinsically and cannot be divided in essence and practice. It is also ensured that the improvement of one right facilitates the advancement of the others and conversely deprivation of one right adversely affects the others.
In the context of ensuring human rights 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 international human rights conventions such as the International Convention on the Elimination of All Forms of Racial Discrimination. Another matter of equal importance is avoiding discrimination against women.
Human Right Outrages Entail
This principle applies to everyone in relation to all human rights and freedoms and prohibits discrimination on the basis of a list of non-exhaustive categories such as sex, race, color, 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.”
It is also imperative to mention that human right outrages entail both rights and obligations and in consequence States assume obligations and duties under international law to respect, protect, and fulfill human rights. The obligation to respect implies that states must refrain from interfering with or curtailing the enjoyment of human rights. And the obligation to protect requires states to protect individuals and groups against human rights abuses.
The obligation to fulfill also means that states must take positive action to facilitate the enjoyment of basic human rights. This principle is also extended to an individual level whereby human beings are entitled to their rights and they are also required to respect the human rights of their fellow beings. The Israeli outrage should be viewed in this context and efforts should be made to settle this issue once all for the sake of humanity. The Weekender