Saturday, 29 October 2016

What are human rights?

What are human rights?

Human rights are rights inherent to all human beings, regardless of gender, nationality, place of residency, sex, ethnicity, religion, color or and other categorization. Thus, human rights are non-discriminatory, meaning that all human beings are entitled to them and cannot be excluded from them. Of course, while all human beings are entitled to human rights, not all human beings experience them equally throughout the world. 

In order to live with dignity certain basic rights and freedoms are necessary, which all Human beings are entitled to, these basic rights are called Human Rights

Human rights demand recognition and respect for the inherent dignity to ensure that everyone is protected against abuses which undermine their dignity, and give the opportunities they need to realize their full
potential, free from discrimination.


There are a variety of human rights, including:
  • Civil rights (such as the rights to life, liberty and security),
  • Political rights (like rights to the protection of the law and equality before the law),
  • Economic rights (including rights to work, to own property and to receive equal pay),
  • Social rights (like rights to education and consenting marriages),
  • Cultural rights (including the right to freely participate in their cultural community), and
  • Collective rights (like the right to self-determination).

Human rights include civil and political rights, such as:
# The right to freedom of expression
# The right to freedom of religion or conscience
# The right to property
# The right to freedom of assembly
# The right to privacy
# The right to vote.

Human rights also cover economic and social rights, such as:
# The right to an adequate standard of living
# The right to adequate food, housing, water and sanitation
# The rights you have at work
# The right to education.

Human rights belong to everyone, everywhere, regardless of nationality, sexuality, gender, race, religion or age. The foundation of modern human rights is the Universal Declaration of Human Rights (UDHR). The 30 articles of the Declaration were adopted in 1948 by the United Nations General Assembly, and over time these have been integrated into national laws and international treaties. The core values of the UDHR - human dignity, fairness, equality, non-discrimination - apply to everyone, everywhere.
 source



he National Human Rights Commission
Section 3. Constitution of a National Human Rights Commission
(1) The Central Government shall constitute a body to be known as the National Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act.

(2) The Commission shall consist of:
(a) a Chairperson who has been a Chief Justice of the Supreme Court;
(b) one Member who is or has been, a Judge of the Supreme Court;
(c) one Member who is, or has been, the Chief Justice of a High Court;
(d) two Members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.

(3) The Chairperson of the National Commission for Minorities, [the National Commission for the Scheduled Castes, the National Commission for the Scheduled Tribes]and the National Commission for Women shall be deemed to be Members of the Commission for the discharge of functions specified in clauses (b) to (j) of section 12.

(4) There shall be a Secretary-General who shall be the Chief Executive Officer of the Commission and shall exercise such powers and discharge such functions of the Commission

[except judicial functions and the power to make regulations under section 40 B], as may be delegated to him by the Commission or the Chairperson as the case may be.

(5) The headquarters of the Commission shall be at Delhi and the Commission may, with the previous approval of the Central Government, establish offices at other places in India.


STATE HUMAN RIGHTS COMMISSIONS 

 Constitution of State Human Rights Commissions 

(1) A State Government may constitute a body to be known as the ....................... (name of the State) Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to, a State Commission under this chapter. 

(2)1 [The State Commission shall, with effect from such date as the State Government may by notification specify, consist of—
 (a) a Chairperson who has been a Chief Justice of a High Court; 
(b) one Member who is, or has been, a Judge of a High Court or District Judge in the State with a minimum of seven years experience as District Judge;
 (c) one Member to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.]1

 (3) There shall be a Secretary who shall be the Chief Executive Officer of the State Commission and shall exercise such powers and discharge such functions of the State Commission as it may delegate to him.

 (4) The headquarters of the State Commission shall be at such place as the State Government may, by notification, specify. 

(5) A State Commission may inquire into violation of human rights only in respect of matters relatable to any of the entries enumerated in List II and List lll in the Seventh Schedule to the Constitution: Provided that if any such matter is already being inquired into by the Commission or any other Commission duly constituted under any law for the time being in force, the State Commission shall not inquire into the said matter: Provided further that in relation to the Jammu and Kashmir Human Rights Commission, this sub-section shall have effect as if for the words and figures “List ll and List lll in the Seventh Schedule to the Constitution”, the words and figures “List lll in the Seventh Schedule to the Constitution as applicable to the State of Jammu and Kashmir and in respect of matters in relation to which the Legislature of that State has power to make laws” had been substituted.

 (6) [Two or more State Governments may, with the consent of a Chairperson or Member of a State Commission, appoint such Chairperson or, as the case may be, such Member of another State Commission simultaneously if such Chairperson or Member consents to such appointment: Provided 

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