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Basic concept of human Rights

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    Basic Concept of Human Rights

    hH

    Human Rights For All

    By: Ali Palh

    Email: [email protected], [email protected]

    Organization:RightsnowPakistan

    (www.rightnowpak.org)

    mailto:[email protected]://www.rightnowpak.org/http://www.rightnowpak.org/http://www.rightnowpak.org/http://www.rightnowpak.org/http://www.rightnowpak.org/http://www.rightnowpak.org/mailto:[email protected]:[email protected]:[email protected]
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    Understanding the concept

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    What are Human Rights?

    Human rights are rights inherent to all

    human beings, including you. Human

    rights are rights and freedom to which allhumans are entitled. Proponents of the

    concept usually assert that everyone is

    endowed with certain entitlements merelyby reason of being human.

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    Regardless of your Status

    No matter what you NATIONALITYis

    No problem where you PLACE OF

    RESIDENCE

    Your SEXis not an issue

    Your ETHNICITY does not affect your

    entitlement to rights

    Your COLOR has no role in deciding your

    rights

    Your RELIGIONdoes not matter for you

    to be right holder

    LANGUAGEhas no role in entitlement of

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    What are Human Rights Principles?

    Universality

    Inviolable

    Inalienable

    Indivisible

    Interdependent Inter-related

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    What are Human Rights Principles?

    Universality Inviolable

    Inalienable

    Indivisible

    Interdependent

    Inter-related

    Equality

    Non-discriminatory

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    TYPES OF RIGHTS: Negative and Positive Rights:

    1. Negative Rights:is the right to

    be left alone. Negative rights are

    an absolute right whose slightestviolation breaks this right. Right

    not be tortured. Duty bearer has

    to refrain. 2. Positive Rights: Right to

    health Right to education etc

    Duty bearer has to act.

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    Three Responsibilities of State

    TO RESPECT YOUR HUMAN RIGHTS:

    The obligation to respect means that States must refrain

    from interfering with or curtailing the enjoyment of

    human rights.

    TO PROTECT YOUR HUMAN RIGHTS:

    The obligation to protect requires States to protect

    individuals and groups against human rights abuses.

    TO FULFIL YOUR HUMAN RIGHTS :

    The obligation to fulfill means that States must takepositive 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.

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    Categories of Rights

    Civil and Political Rights

    Economic Social and Cultural Rights

    Individual and Community Rights

    Democratic Rights

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    Derogable and Non-Derogable Rights

    What is Derogation?Temporary deviation in the way of detracting from many of

    the rights provided in the law, international or domestic. The

    ACT of a state suspending the application and enjoyment ofcertain human rights upon its declaration of state of

    emergency affecting the life of a whole nation.

    Derogation allows an state to take necessary measures of

    violating human rights norms during the derogation period.Derogation is a treaty clause (ICCPR 4).

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    Non-Derogable Rights

    Following rights can never be derogated

    Article 6Right to Life(Article 9)

    Article 7- Right not to be tortured(Article 14 Pakistani constitution)

    Article 8 (paragraphs I and 2) No one shall be held in slavery (Article

    11 Pakistani constitution)

    Article 11No one shall be imprisoned merely on the ground of

    inability to fulfil a contractual obligation.

    Article 15Protection against Retrospective Punishment(Article 12

    Pakistani constitution)

    Article 16 -Everyone shall have the right to recognition everywhere

    as a person before the law.

    Article 18Freedom of thought, religion and conscience

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    Under what circumstances State Declares

    Emergencies

    Civil War

    Natural Disaster

    Situations affecting

    the life of the nation

    Situation threatens

    the public order

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    What are States responsibilities under

    Emergency?

    To inform to the parties of ICCPR

    To inform UN Secretary General about reasons and

    time period

    Renewal of Emergencies passed from Parliament

    State of Emergencies should continue until it

    needed

    The rationale behind the derogation clause permitting the

    suspension of certain rights is only for the sole and unique

    purpose of restoring normalcy and to guarantee the exercise

    of the most fundamental human ri hts.

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    Thanks Questions, Concerns,

    Comments & Suggestion


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