Basic Concept of Human Rights
hH
Human Rights For All
By: Ali Palh
Email: alipalh@gmail.com , rightsnowpak@gmail.com
Organization:RightsnowPakistan
(www.rightnowpak.org)
Understanding the concept
What are Human Rights?
Human rights are rights inherent to all
human beings, including you. Human
rights are rights and freedom to which all
humans are entitled.” Proponents of the
concept usually assert that everyone is
endowed with certain entitlements merely
by reason of being human.
Regardless of your Status
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No matter what you NATIONALITY is
No problem where you PLACE OF
RESIDENCE
Your SEX is not an issue
Your ETHNICITY does not affect your
entitlement to rights
Your COLOR has no role in deciding your
rights
Your RELIGION does not matter for you
to be right holder
LANGUAGE has no role in entitlement of
What are Human Rights Principles?
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Universality
Inviolable
Inalienable
Indivisible
Interdependent
Inter-related
What are Human Rights Principles?
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Universality
Inviolable
Inalienable
Indivisible
Interdependent
Inter-related
Equality
Non-discriminatory
TYPES OF RIGHTS: Negative and Positive Rights:
• 1. Negative Rights: is the right to
be left alone. Negative rights are
an absolute right whose slightest
violation 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.
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 take
positive 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.
Categories of Rights
•Civil and Political Rights
•Economic Social and Cultural Rights
•Individual and Community Rights
•Democratic Rights
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 of
certain 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).
Non-Derogable Rights
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Following rights can never be derogated
Article 6 – Right 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 11 – No one shall be imprisoned merely on the ground of
inability to fulfil a contractual obligation.
Article 15 –Protection against Retrospective Punishment (Article 12
Pakistani constitution)
Article 16 - Everyone shall have the right to recognition everywhere
as a person before the law.
Article 18 – Freedom of thought, religion and conscience
Under what circumstances State Declares
Emergencies
• Civil War
• Natural Disaster
• Situations affecting
the life of the nation
• Situation threatens
the public order
What are State’s 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 rights.
Thanks – Questions, Concerns,
Comments & Suggestion