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FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS ARE INALIENABLE AND SHALL BE ENJOYED BY EVERY ONE SINCE THE DAY OF BIRTH

1.0 Introduction

Human rights are not only a general inheritance of universal value, which improve on cultures and traditions, but are typically local values and all over the country owned assurance grounded in international treaties & national constitutions and laws. Human rights & freedom are “rights and freedoms to which all humans are entitled”[1]. Bangladesh constitution said, “All citizens are equal before law and entitled to equal protection of law”[2].

Proponents of the notion generally pronounce, everyone is exceptional with positive entitlements merely because of human being. Human rights are conceived in a universalism and independent trend. Such entitlements can be present as shared norms of authentic human ethics, which accept as reasonable moral model or probable human rights supported by strong reasons, or as legal rights either at a national level or within international law. Bangladesh constitution have mentioned about the fundamental principles “The principles said out in this part shall be fundamental to the government of Bangladesh, shall be applied by the state in the making in laws, shall be a guide to the interpretation of the constitution and of the other laws of Bangladesh, and shall from the basis of the work of the state and of its citizens, but shall not be judicially enforceable”[3].

Respect the declaration stand for a contract between governments and the republic of their peoples, who have a right to demand that this document. It is not possible that all governments have become parties to all human rights treaties. All countries, however, have accepted the Universal Declaration of Human Rights (UDHR). In general, the declaration continues to support the inherent human pride and worth of each person in the world, without distinction of any kind.

Secretary-General Ban Ki-moon said in the Universal Declaration of Human Rights 1948-2008, “The campaign reminds us that in a world still reeling from the horrors of the Second World War, the Declaration was the first global statement of what we now take for granted – the inherent dignity and equality of all human beings.”

The modern concept about the human rights to developed in the outcome of the Second World War, as a response to the Holocaust, culminating in its implementation by the Universal Declaration of Human Rights by the United Nations General Assembly in 1948. However, the phrase “human rights & freedom” is reasonably contemporary the academic basics of the modern concept which can be traced through the history of philosophy and the concepts of natural law rights and liberties as far back as the city states of Classical Greece and the enlargement of Roman Law. The real indication of human rights research was the authentic concept of natural rights established by statistics such as John Locke and Immanuel Kant and through the political empire in the United States bill of rights and the declaration of the Rights of Man and of the inhabitant.

“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”

Ø It has recoded in Article-1 of the United Nations Universal Declaration of Human Rights (UDHR)[4].

2.0 Background of Human Rights and Freedom

Bangladesh constitution, part-II: fundamental rights, article 31, have said “To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law”. Human rights and freedom have existed for much of human history, in the modern sense it is unclear to what degree such concepts can be describe as “human rights & freedom”. The idea of human rights certainly existing in pre-modern cultures, ancient philosophers, Aristotle wrote widely on the rights (to dikaion in ancient Greek, roughly a ‘just claim’) of citizens to property and input in public interface. Nevertheless, neither the Greeks nor the Romans had any notion of universal human rights are slavery. For example, was justified both in ancient and modern times as a usual situation[5]. For summarized as the medieval charters of liberty such as the English Magna Carta were not charters of human rights, let for broad charters of rights: they instead constituted a form of partial political and legal contract to address definite political situations, in the case of Magna Carta later being mythologized about rights in the course of early modern debates[6].

According our constitution here mentioned “The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed, and in which effective participation by the people through their elected representative in administration at all levels shall be ensured”[7]. The Twelve Articles (1525) are considered the initial record of human rights in Europe. They were part of the peasants’ burden elevated on the way to the Swabian League in the German Peasants’ during War in Germany. In Britain in 1683, the English Bill was of Rights (or “An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown”) and the Scottish Claim of Right each made illegitimate a limit of cruel governmental manners. Two major revolutions happened during the 18th century, in the United States (1776) and in France (1789), leading to the approval of the United States Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen equally, both of which were recognized certain legal rights.

The improvement of the International Committee of the Red Cross Society, the 1864 Lieber Code and the first of the Geneva Conventions in 1864 recognized the foundations of International humanitarian law, to be further was developed following the World Wars.

The World Wars and the massive losses of life and disgusting abuses of human rights that took place during them were a motivating force behind the development of modern human rights tools. The League of Nations was established at the consultation over the Treaty of Versailles the end of World War-I in 1919. Goals the League’s was integrated disarmament, put off war through group security, settling disputes different countries through reconciliation, diplomacy and improving global is wellbeing. Preserve in its contract was consent to sanction many of the rights which were later included in the Universal Declaration of Human Rights.

3.0 Fundamental of Human Rights

Generally, regarded the fundamental rights are a set of entitlements in the context of a legal system, in which such system is itself said to be based upon this same set of basic, fundamental, or inalienable entitlements or “rights.” Such rights thus belong without cost of privilege or assumption to all human beings under such jurisdiction. The concept of human rights has promoted as a legal concept due to the idea that human beings have such “fundamental” rights, such that go beyond all kinds of jurisdiction, but are naturally non-breakable in different ways and with different emphasis within different legal systems.

4.0 Basic Philosophy of Human Rights and Freedom

The basic philosophy of human rights challenges to observe the underlying basis of the impression of human rights and looks at its main content and justification.

Bangladesh constitution describe about the human rights and freedom this is “Subject to any reasonable restriction imposed by law in the public interest, every citizen shall have the right to move freely throughout Bangladesh to reside and settle and any place therein add to leave and re-enter in Bangladesh”[8]. The oldest Western philosophies on human rights is that they are comes from natural law from various philosophical or religious foundations. Other presumption hold that human rights codify moral conduct which is a human social creation developed by a system of social and biological evolution. Basic philosophies of human rights are also stated as sociological model of rule setting. These theories are belief that individuals in a society understand rules from legitimate power in exchange for economic benefit and security – a social contract. The following two theories that best explains modern human rights debate are the interest theory and the will theory. Interest theory argues about the large function of human rights is to defend and endorse definite vital human interests, while the theory will tries to institute the validity of human rights based on the collective human capacity for freedom[9].

5.0 Concepts in Human Rights and Freedom

5.1 Indivisibility and Classification

The most familiar classification of human rights is to divide as following them into civil, political, economic, social and cultural rights.

5.2 Indivisibility:

The UDHR included economic, social, cultural, civil and political rights since based on the standard that the different rights could only effectively exist in combination:

“The ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his social, economic and cultural rights”

Ø International Covenant on Civil & Political Rights and the International Covenant on Economic, Social and Cultural Rights in 1966.

It held to be proper since without civil and political rights the community cannot emphasize on their economic, social and cultural rights. Similarly, without livelihoods and a working society, the public cannot assert or make use of civil rights or political rights.

“All human rights are universal, indivisible and interdependent and related. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis”

Ø Vienna Declaration and Program of Action, World Conference on Human Rights, 1993.

Although established by the signatories to the UDHR, most of them do not in practice give the same weight to the various types of rights. Some Western cultures have often given priority to civil and political rights, sometimes at the expense of economic and social rights such as the right to work, to health, education and housing. For example, in the US there is no access to healthcare free at the point of use[10].

5.3 Classification:

Challengers of the indivisibility of human rights argue of economic, social and cultural rights are first diverse from civil and political rights and need completely various approaches.

In the No-Nonsense Guide to Human Rights Olivia Ball and Paul Gready argue that for mutually civil and political rights and economic, social and cultural rights. It’s simple to find examples, which don’t fit into the standard classification of the theory. They emphasize the fact that maintaining a judicial system, a fundamental requirement of the civil rights to due procedure before the law and other rights relating to judicial procedure, is optimistic, resource intensive and vague, whereas the social rights to housing is precise, justifiable and can be a genuine ‘legal’ rights[11].

Another classification, presented by Karel Vasak, is there are three generations of human rights:

Ø 1^stgeneration civil and political rights (right to life and political participation).

Ø 2^nd generation economic, social and cultural rights (right to subsistence).

Ø 3^rd generation solidarity rights (right to clean environment and right to peace).

The classification is at odds with the indivisibility of rights, it absolutely states that some rights can exist without others. Prioritization of rights for sensible reasons is though a widely accepted obligation. Human rights expert Philip Alston says that:

“If every possible human rights element is deemed to be essential or necessary, then nothing will be treated as though it is truly important.”

Ø Philip Alston[12].

6.0 Universalism vs. cultural relativism

The UDHR protects universal rights that apply to all humans evenly, any geographical location, state or culture they belongs to. Proponents of cultural relativism debate for approval of diverse cultures, which may have exercises conflicting with the human rights.

For instance, female genital mutilation takes place in different societies in Africa, South America and Asia. It’s not ordered by any religion, but has turn into a habit in many cultures. It is considered an abuse of women’s & and girl’s rights by much of the international society, and it is prohibited in some countries.

Universalism has explained by some accordingly cultural, economic or political imperialism. Particularly, the notion of human rights is often claimed to be primarily rooted in a politically moderate outlook which, although normally accepted in Europe, Japan and North America, is not necessarily taken as standard in a different place.

Cultural relativism is a self-detonating point, if cultural relativism is factual, and then universalism must be accurate. Relativistic description tends to abandon the fact that existing human rights are new to all cultures. They consider the fact that the UDHR was drafted by people from of many diverse culture and tradition, together with a US Roman Catholic, a Chinese Confucian philosopher, a French Zionist and agents from the Arab League, with others, and drew upon advice from thinkers such as Mahatma Gandhi[13].

Michael Ignatieff has argued that cultural relativism is completely an argument used by those who exercise authority in cultures, which perform human rights abuses, and those whose human rights are cooperated are the weak[14]. This mirrors in this fact that the complexity in judging universalism vs. relativism lies in who is claiming to stand for a particular culture.

7.0 Legal Issues

7.1 Human rights vs. national security

The exception of non-derivable human rights the UN distinguishes that human rights can be narrowed down or even pushed away during times of national emergency also

“The emergency must be actual, affect the whole population and the threat must be to the very existence of the nation. The declaration of emergency must also be a last resort and a temporary measure”

Ø United Nations. The Resource[15]

A right that cannot be derogated for reasons of national security in any circumstance is known as peremptory models or juscogens. For examples of national security, being used to justify human rights violations include the Japanese American confinement during World War II [16], Stalin’s Great Purge[17], and the actual and alleged modern-day abuses of terror suspects rights by a few number of western countries, often in the name of the War on Terror[18]&[19].

7.2 Human Rights Disobedience

Human rights violations took place when a state or non-state performer breaks any part of the UDHR treaty or any international human rights or humanitarian law. Human rights mistreatment is displayed by United Nations team, national institutions and governments and by many independent non-governmental utilities, an example Amnesty International, International Federation of Human Rights, Human Rights Watch, World Organization Against Torture, Freedom House, International Freedom of Expression Exchange and Anti-Slavery International.

There are an ample variety of database accessible, which attempt to compute, in a precise fashion, precisely what violations governments perform against those within their territorial jurisdiction. When a government restricts a geographical region to journalists, it elevates doubts of human rights violations. The following seven regions are at present closed to foreign journalists:

1. Chechnya, Russia[20]

2. Myanmar (Burma)

3. North Korea

4. Papua, Indonesia[21]

5. Peshawar, Pakistan

6. Jaffna Peninsula, Srilanka[22]

7. Eritrea[23]

7.3 Presently Debated Human Rights and Freedom

The events and new possibilities can be affected existing rights or need new ones. Go ahead of technology, medicine, and philosophy constantly face up to the status quo of human rights and freedom thinking.

7.4 Surrounding Environmental Rights

There are two basic parts starts of surrounding environmental human rights in the current human rights method. The primary is that the right to a healthy or ample environment is itself a human right. The second origin is the conception that surrounding environmental human rights can be imitative from other human rights, rapidly-the right to life, the right to health, the right to personal family life and the right to property etc. This second theory take pleasure in much more wide use in human rights courts around the world, as those rights are restricted in many human rights documents.

7.5 Rights for Trading

Although mutually the UDHR and the International Covenant on Economic, Social and Cultural Rights emphasize the significance of a right to work, neither of these documents frankly, here mention trade as means for ensuring this fundamental right.

Most of the philosophies argue that trade is intrinsic to human nature and that when governments hold back international trade they straight inhibit the right to work and the other oblique reimbursement, as the right to education, that amplified work and investment help ensue[24]. Another argued that the capability to trade does not affect everybody evenly-often groups it to the rural poor, indigenous groups and women are less likely to access the benefit of better trade.

7.6 Rights for Access to Water

There is no universal human right to water, obligatory or not, preserved by the UN or any other multilateral body. In November 2002, the UN Committee on Economic, Social and Cultural Rights announced a non-binding statement affirming that access to water was a human right:

“The human right to water is indispensable for leading a life in human dignity. It is a prerequisite for the realization of other human rights.”

Ø UN Committee on Economic, Social and Cultural Rights.

7.7 Crime and Punishment

The UDHR declared that everyone has the “right to life”[25]. According to a number of Human Rights leaders, the death penalty abuses these rights. The United Nations has called on retentions states to set up a suspension on capital punishment with a view to its ending. The UDHR prohibits torment and other brutal, inhuman, and degrading punishment. Countries have argued that “enhanced interrogation methods”, which amount to torture, are needed for national security. Human rights activists have also disapproved of some methods used to punish criminal offenders.

7.8 Fetal Rights

Fetal rights are the legal or moral rights of human features. The term used most often in the context of the abortion debate, as the basis for an argument in support of the pro-life stance.

7.9 Reproductive Rights

Reproductive rights are depending to reproduction and reproductive health. The precise that means of the expression “reproductive rights” is the subject of heated debate. Reproductive rights may as well be understood to include schooling about contraception and STD, liberty from coerced sterilization and contraception, defence from gender-based exercise such as female genital cutting (FGC) and male genital mutilation (MGM)[26]^&[27].

8.0 Conclusion

Human rights and freedom have a historical heritage. The principal philosophical base of human rights is a belief in the continuation of a form of justice valid for all peoples, that everywhere from the moment of birth. In this modern doctrine of human rights has come to occupy centre stage in geo-political affairs. The tone of human rights is understood and utilized by many peoples in very different circumstances. Human rights are best reflection of as prospective moral guarantees for each human being to lead a simple good life. The degree to which this objective has not been realized represents a unpleasant failure by the modern world to institute a morally compelling order based upon human rights. Arguably, the most convincing motivation for the existence of human may rest upon the exercise of imagination where every childs right will be reserved. Bangladesh constitution (page 129, article 47A(1)) have mentioned about human rights and here given guaranteed “The right guaranteed Article 31, clauses 1 and 3 of Article 35 and Article 44 shall not apply to any person to whom a law specified in clause 3 of Article 47”.

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References:

1. Nickel, James (2009). “Human Rights”. In Zalta, Edward N.. The Stanford Encyclopedia of Philosophy

2. Universal Declaration of Human Rights adopted by General Assembly resolution 217 A (III) of December 10, 1948.

3. Freeman, Michael (2002). Human rights: an interdisciplinary approach. Wiley-Blackwell. pp. 15–17. ISBN 9780745623559.

4. Freeman, The Magna Carta was very important in the late middle ages. pp. 18–19

5. Fagan, Andrew. “Human Rights”. Internet Encylopedia of Philosophy. Retrieved 20 November 2010.

6. The Resource Part II: Human Rights in Times of Emergencies. United Nations. Retrieved 2007-12-31.

7. Children of the Camps | Internment Timeline. Pbs.org. Retrieved 2010-08-29.

8. The Great Purge. Cusd.chico.k12.ca.us. Retrieved 2010-08-29.

9. Fox News Report. Fox News. 2007-12-10.

10. “UK Law Lords Rule Indefinite Detention Breaches Human Rights”. Human Rights Watch

11. “Do journalists have the right to work in Chechnya without accreditation?”. Medialaw.ru. 2000-01-20. Retrieved 2010-08-29.

12. “Indonesia: Police Abuse Endemic in Closed Area of Papua | Human Rights Watch”. Hrw.org. 2007-07-05. Retrieved 2010-08-29.

13. “Radical Islamists no longer welcome in Pakistani tribal areas | McClatchy”. Mcclatchydc.com. 2008-03-20. Retrieved 2010-08-29

14. Fagan, Andrew. “Human Rights”. Internet

15. “World Day against Death Penalty”. ILGA. Retrieved 2010-08-29.

16. “John Geddes Lawrence and Tyron Garner v. State of Texax”. Retrieved 2008-10-12.

17. “Should trade be considered a human right?” COPLA. December 9, 2008.

18. Fernandez, Soraya (December 9, 2008). “Protecting access to markets”. COPLA.

19. Universal Declaration of Human Rights – Article 5

20. Freedman, Lynn P.; Stephen L. Isaacs (Jan. – Feb. 1993). “Human Rights and Reproductive Choice”. Studies in Family Planning (Population Council) 24 (1): 18–30. doi:10.2307/2939211. Retrieved 2007-12-08.

21. “National Organization of Circumcision Information Resource Centers”. Nocirc.org. 1993-12-10. Retrieved 2010-08-29.

[1] Houghton Mifflin Company (2006)

[2] Bangladesh constitution, page-121, part-iii: fundamental rights, article-27

[3] Bangladesh constitution, page-116, part-ii: fundamental principles of state policy, article-28(2)

[4] Universal Declaration of Human Rights adopted by General Assembly resolution 217 A (III) of December 10, 1948.

[5] Freeman, Michael (2002). Human rights: an interdisciplinary approach. Wiley-Blackwell. pp. 15–17. ISBN 9780745623559

[6] Freeman, The Magna Carta was very important in the late middle ages. pp. 18–19

[7] Bangladesh constitution, part-ii; fundamental principles of state policy; page-116, article 11.

[8] Bangladesh constitution, part-III, page 124, article 36.

[9] Fagan, Andrew. “Human Rights”. Internet Encylopedia of Philosophy. Retrieved 20 November 2010.

[10] Light (2002)

[11] Ball, Gready (2007) p.37

[12] Alston (2005

[13] Ball, Gready (2007) p.34

[14] Ignatief, M. (2001) p.68

[15] The Resource Part II: Human Rights in Times of Emergencies. United Nations. Retrieved 2007-12-31.

[16] Children of the Camps | Internment Timeline. Pbs.org. Retrieved 2010-08-29.

[17] The Great Purge. Cusd.chico.k12.ca.us. Retrieved 2010-08-29.

[18] Fox News Report. Fox News. 2007-12-10.

[19] “UK Law Lords Rule Indefinite Detention Breaches Human Rights”. Human Rights Watch.

[20] “Do journalists have the right to work in Chechnya without accreditation?”. Medialaw.ru. 2000-01-20. Retrieved 2010-08-29.

[21] “Indonesia: Police Abuse Endemic in Closed Area of Papua | Human Rights Watch”. Hrw.org. 2007-07-05. Retrieved 2010-08-29.

[22] “Radical Islamists no longer welcome in Pakistani tribal areas | McClatchy”. Mcclatchydc.com. 2008-03-20. Retrieved 2010-08-29

[23] Fagan, Andrew. “Human Rights”. Internet

[24] Fernandez, Soraya (December 9, 2008). “Protecting access to markets”. COPLA

[25] Universal Declaration of Human Rights – Article 5

[26] Freedman, Lynn P.; Stephen L. Isaacs (Jan. – Feb. 1993). “Human Rights and Reproductive Choice”. Studies in Family Planning (Population Council) 24 (1): 18–30. doi:10.2307/2939211. Retrieved 2007-12-08.

[27] “National Organization of Circumcision Information Resource Centers”. Nocirc.org. 1993-12-10. Retrieved 2010-08-29.