Youth Challenge
Teaching human rights & responsibilities.
Unit 1: Resources and Worksheets
Back to Table of Contents || Stage
1
Resource sheet: What are human rights?
The basic notion of human rights lies in people's recognition of the need
to protect and affirm every other person's individual dignity. Human rights
are important. No matter where people come from, or what their age, culture,
religion or income may be, they tend to talk about their concerns in terms
of human rights. Human rights issues are often seen as national or international
in scope, but human rights are equally relevant at an individual and community
level.
Some people seek ways to access their rights to land or to freedom from
discrimination. Some protest in pursuit of the right to a healthy environment.
Some people talk about the rights of the consumer and the rights of the
child. When people are in a dispute they may assert their right to speak
and to be heard. When people are accused of a crime, they often focus
on their right to be presumed innocent and their right to a fair trial.
Many people are often concerned about human rights situations overseas
and may find ways to call for freedom from persecution and from torture
for other people.
So what are human rights?
There is no universally agreed definition; indeed, people's understanding
of human rights is continually evolving. There are general understandings,
though, of what is meant by the term. One way of looking at rights is
to see them as a special kind of claim on others. For example, the right
to education means that everyone is entitled to a good education and,
in particular, that governments have an obligation to provide education
facilities and services.
Rights are related to the values that
societies live by. These values have their origins in the world's
great religions and philosophies.
Value systems can
vary in detail between one society and another but the fundamental
ideas are very similar. Concepts of justice and human dignity are
at the heart of these values.
Another way of understanding human rights is to look at the specific
human rights that people around the world have agreed upon. Equality and
freedom from discrimination are generally accepted as fundamental. Specific
rights include the right to life, freedom from torture and other cruel
and inhuman treatment, rights to a fair trial, free speech and freedom
of religion, rights to health, education and an adequate standard of living.
There are many others.
Rights are related to the values that societies live by. These values
have their origins in the world's great religions and philosophies. Value
systems can vary in detail between one society and another but the fundamental
ideas are very similar. Concepts of justice and human dignity are at the
heart of these values.
People everywhere seek physical security, freedom from suffering and
freedom from unreasonable restraint for themselves and their families.
They seek equality and fairness, the opportunity to reach their potential
and acknowledgment of their inherent dignity.
Over the last couple of hundred years, ideas about human rights have developed
as a way of expressing some of those values. But whether expressed or
not, rights are, and always have been, a part of the way people interact
with one another.
Rights also relate to what is lawful: that is, some rights may be laid
down in law. If you have a legal right to something, you may be able to
defend it in court. In many situations, though, rights exist but are not
covered by law. These rights are often called moral rights. Moral rights
are based on people's sense of what is fair or just.
An Australian example
An
Australian example of the distinction between moral and legal rights is
that of Native Title.
After the High Court's Mabo decision in 1992 and the Native Title Act
of 1993, Indigenous peoples in certain circumstances obtained Native Title
to land. That is, the Native Title Act gave Indigenous peoples in Australia
a legal right. This legal position was based on a moral
right that had always been there. Prior to these decisions, Indigenous
people in Australia may have had no legal rights to native title, but
justice, history and humanity supported their moral rights to land.
Which rights?
There can be disagreement about human rights - for example about which
rights are more important or whether a particular moral or legal right
is a human right. When we talk about human rights we
are usually referring to those principles that the nations of the world
have agreed to refer to as human rights. These have been set down in international
agreements and form part of international law. The rights set out in these
agreements are often also written into the domestic law of individual
countries.
Human rights are universal.
This means they apply to everyone, regardless of status, race, gender,
nationality or other distinction.
Human rights cover virtually every area of human activity. They include civil and political rights, such as freedom of speech
and freedom from torture. They also include economic and social
rights, such as the rights to health and education. Some rights
apply to individuals, such as the right to a fair trial: these are called individual rights. Others apply to groups of people,
such as the right to a healthy environment or to native title: these are
called collective rights.
Human rights are more than mere demands: they have some special characteristics
that have been agreed by the international community. One of these characteristics
is that human rights are universal. This means they apply
to everyone, regardless of status, race, gender, nationality or other
distinction. Indeed, equality is one of the fundamental human rights ideas.
Another characteristic is that they are indivisible -
people are entitled to all rights, whether they be civil
and political such as the right to a fair trial or economic, social and
cultural such as the right to education.
Human rights and responsibilities
Human rights are part
of a context of people living together in societies. As part of
this, there must be a legal, social and international order for
human rights to be realised effectively.
Human rights involve responsibility and duties toward other people and
the community. Individuals often have a responsibility to ensure that
they exercise their rights with due regard for the rights of others. For
example, exercising freedom of speech should not infringe someone else's
right to privacy. Human rights are part of a context of people living
together in societies. As part of this, there must be a legal, social
and international order for human rights to be realised effectively.
Governments have a particular responsibility to ensure that people are
able to enjoy their rights. The human rights claim by an individual or
community implies an obligation on the part of the wider society, usually
through government, to guarantee the right in question. Governments today,
if they wish to have credibility, have to ensure a framework of law and
have to provide services that together enable all their citizens to enjoy
a life in which their rights are observed. Whether or not governments
actually do this, it is generally accepted that this is the government's
responsibility and citizens can call them to account if they fail to ensure
rights.
Why are human rights important?
Human rights
are a prominent part of how people interact with others at all levels
in society - in the family, the community, in educational institutions,
the workplace, in politics and in international relations.
There has been a tremendous expansion in the understanding and application
of human rights ideas over recent decades. This has had many positive
results and promises more. Knowledge about human rights can empower individuals
and promote remedies for specific problems. Values of tolerance and equality
promote the reduction of friction within society. Proper observance of
human rights promotes the security and well-being of all people, including
people living in countries overseas.
Action on human rights develops our ideas about the kind of society we
want to live in. Such action can include community discussions, incorporation
by administrators of human rights ideas into practical programs, activism
on issues of concern and legislation by governments, among many other
things.
Human rights are a prominent part of how people interact with others
at all levels in society - in the family, the community, in educational
institutions, the workplace, in politics and in international relations.
It is vital therefore that people everywhere should strive to understand
what human rights are. When people better understand human rights, it
will be easier for them to promote justice and the well-being of society.
This document is also available for download
in  Word and  PDF formats. |
