Presentation on Conceptual Understanding of Human Rights

8/12/2019 Presentation on Conceptual Understanding of Human Rights

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Session Objectives:

Sessions Methods:BrainstormingPresentationOpen Discussion

Sessions Timeline: 30 Minutes

Sessions Materials:White Board & Marker PenFlip/Poster Chart paperLaptop-Multi-mediaVIPP Cards

At the end of this session, participants will understand:What are Human Rights?

What are the basic characteristics of Human RightsWhat are Human Rights Violation?What are Human Rights Monitoring? What are Human Rights Reporting?


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Human Rights: Concept and Meaning Human rights contain a set of basic standards without which people cannotlive in dignity as human being. These rights come with birth and areapplicable to all people throughout the world irrespective of their race,color, sex, language, political or other opinion.

It means that we are all equally entitled to our human rights withoutdiscrimination. These rights are all interrelated, interdependent andindivisible.

UN Definition:

Human rights are rights inherent to all human beings , whatever ournationality, place of residence, sex, national or ethnic origin, colour,religion, language, or any other status.(Source: the Office of the United Nations High Commissioner for Human Rights; http://www.ohchr.org/en/issues/pages/whatarehumanrights.aspx).

BNHRC Definition:

Human Rights means Right to life, Right to liberty, Right to equality andRight to dignity of a person guaranteed by the constitution of the Peoples Republic of Bangladesh and such other human rights that are declared underdifferent international human rights instruments ratified by the Peoples Republicof Bangladesh and are enforce able by the existing laws of Bangladesh.


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So Human rights entail both rights and obligations.

It views that Human Rights are:

1. Internationally guaranteed2. Legally protected3. Focuses on the dignity of the human being

4. Protects individuals and groups5. Places obligations on states and state actors6. Cannot be waived / taken away7. Universal

Duty Obligations

Sate

Individuals

Protect Respect

Fulfill

Respecting human rights involves: a consc ious e ffor t to f ind our co mmo n essence beyond our apparentdivis ions , our tempo rary differences, our ideolog ical and cultural barriers . (Source: Boutros Boutros-Ghali, UN Secretary-General, in opening the World Conference on Human Rights 1993)


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Inherent Universal

Inalienable Indivisible

HumanRights

Lives

with

Dignity

BASIC C HARACTERISTICS :

Inherent: means we are all equally entitled to our human rights without discrimination.

Inalienable: means Human rights should not be taken away , except in specific situationsand according to due process.

Example- the right to liberty may be restricted if a person is found guilty of a crime by a courtof law.

Universal: means Human Rights are the same for all human beings in the world.

Indivisible: means all human rights are indivisible, whether they are civil and politicalrights; economic, social and cultural rights, or collective rights, are indivisible, interrelated

and interdependent.


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Origin and Development of Human Rights

The roots of the rights of man

traced in the Babylonian laws

(4000 years ago).

Hammurabis Codes

Ancient Period(Roman and Greek)

Medieval Period

Modern Period

Ancient Period

Medieval Period

Modern Period

Morality

Ethics

True Norms

Reason

Natural Right

Rational

Principles of Human Rights

Principles ofNatural Right

Universal moralstandards

International Law

Public International LawPrivate International

Law

Int. Human Rights Law

(IHRL)

Int. Humanitarian Law

(IHL)

British Magna Carta (1215) Petition of Right (1628) French Declaration of the Rights of Man (1789) US Bill of Rights (1791) Anti-slavery act, 1890 (Brussels Conference). Establish League of Nations (1919) Develop UN Charter and Establish United

Nations (1945) UDHR (1948)


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Human Rights and its Generations

Third Generation Rights: Solidarity rights.Example:

o Right to sustainable development;o Right to peace or to a healthy environment

First Generation Rights: civil and political rights Example:

o

The rights to equality and liberty,o Freedom to practice religion or to express opiniono The right to voteo The rights to have access to information.

Second Generation Rights: economic, social, and cultural rights

Example:Social: the rights to recreation, health care and privacy andfreedom from discrimination;Economic: the right to work and fair remuneration, to an adequatestandard of living, the right to leisure time and the right to social

security.Cultural: the right freely to participate in the cultural life of thecommunity, the right to the benefits of culture


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What are Human Rights violation?

Generally, Human Rights violation refers to failures of the government(State) to implement or exercise its legal obligations .

The term Human rights violation describes in the United Nations trainingmanual as governmental transgression of the rights guaranteed bynational, regional and international human rights law and acts andomissions directly attributable to the State involving the failure toimplement legal obligations derived from human rights standard s.

United Nations, (2001) Training Manual of the OHCHR on Human Rights Monitoring: Professional training seriesno. 7, United Nations publications, New York and Geneva, 2001 page-10. Also available at:

http://www.ohchr.org/Documents/Publications/training7Introen.pdf

Individuals/groups of people becomes victim Human Rights

Denying the Rights

Failures of state tocomply with its legal

obligations
http://www.ohchr.org/Documents/Publications/training7Introen.pdfhttp://www.ohchr.org/Documents/Publications/training7Introen.pdfhttp://www.ohchr.org/Documents/Publications/training7Introen.pdf


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As an example-1: Extra-Judicial killing

The term extrajudicial killing in its original meaning refers to homicides (killing) thatare committed outside the legal system with no prior judgment of a court.Source: US legal definition of extrajudicial killings (Sinaltrainal v. Coca-Cola Co., 578 F.3d 1252 (11 th Cir. Fla. 2009))

Int. Human Rights Law The Constitution ofBangladesh

Article 3 of the UDHR, 1948:Everyone has the right to life, liberty and security of

person.

Article-31: Right to Protection byLaw

Article-6(1) of the ICCPR, 1966:Every human being has the inherent right to life. Thisright shall be protected by law. No one shall bearbitrarily deprived of his life .

Article-32: Protection of Right tolife and personal liberty

HRC General Comment No. 6: Article 6 (Right toLife) on 30 April 1982:It is the supreme right from which no derogation is

permitted even in time of public emergency whichthreatens the life of the nation art. 4 . This ri ht should

Article-35: Protection in respectof Trial and Punishment

References of Human Rights violation:

A violation occur when there is deprivation of life of a person:Outside any due judicial process ;As a result of an act or an order ;By a state actor or by any other person acting with support, tolerance or consentof the State .


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Conceptual difference of HRV with Crimes and offence

Crimes: means acts or omissions that specially declared as crime by thelaw of the land (i.e. Bangladesh)

Example: Murder, Suicide, hurt, wrongful confinement, criminal forces,

Kidnapping, Rape etc.

Reference: Crime or offence has been defined in the Section-4 of the Codeof Criminal Procedure, 1898

Offence: means any act or omissions made punishable by the enacted law(i.e. laws of Bangladesh).

Example: It is generally affects human body; offences against property;

Offences against public justice Offences affecting public health and safety Offences relation to religion etc.

Reference: Section-40 of the Penal Code, 1860 has defined offence, which made punishable under the Penal Code, 1860 and under any

social or national laws.


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What i s Moni tor ing of Hum an Rights Vio lat ion?

Generally,:Monitoring is the systematic process of collecting, analyzing and usinginformation to track the progress of an event toward reaching its objectives and toguide management decisions.Monitoring usually focuses on processes, such as:

when and where activities occur,who delivers them andhow many people or entities they reach.

According to Human Rights perspectives,

Monitoring is a process of active collection, verification and immediate use ofinformation to address human rights problems.

Therefore, Human Rights monitoring is very much important to extract the real

facts and evidential information on human rights problems to reinforce legalobligations of the government and other relevant actors for the protection ofhuman rights.

Example:BNHRC can either act as mentor to continue the human rights monitoring by the stateauthorities and human rights-based NGOs or directly regulate the ground monitoring

through field observation and investigation to collect necessary evidential information for theirstrategic action in line with Section-12 of the NHRC Act, 2009 .


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What i s Repor t ing of Hum an Rights Vio la tion?

Generally, Reporting is a systematic presentation of information about aspecific human rights problem/issue .

It contains a complete and compact written document giving updatedinformation about a specific problem or situation.

It can be defined as an explanatory statement of facts relation to specificproblem or issue that provide information for effective response and follow upaction.

Reporting of human rights violation means the systematic presentationof information on specific human rights problem that collated fromdifferent sources.

Reporting of Human rights violation is very important to reinforce the mandatesand obligations of the NHRC. It is an essential tools to:

Demonstrate the context of specific human rights problem/issue .Understand the facts with valid evidences on the acts, victims andperpetrators.Relate the facts with human rights standardsExplore suggestive actions as response to the fact.

Initiate advocacy and dialogues (by the NHRC) with involved authorities andparties for taking visible action.


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