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Click on the links below for answers to frequently asked questions about human rights:

  1. What are human rights?
  2. Where do human rights come from?
  3. Are there different types of human rights?
  4. What are the human rights ‘standards'?
  5. Who has responsibility to protect human rights?
  6. Why are human rights important?
  7. Are some human rights more important than others?
  8. Can my human rights be taken away from me?
  9. How are human rights protected in Australia ?
  10. What can I do to promote human rights?

Image: Young woman standing, with red hair1. What are human rights?

Every person has dignity and value. One of the ways that we recognise this fundamental worth is by acknowledging and respecting a person's human rights.

Human rights are concerned with equality and fairness. They recognise our freedom to make choices about our life and develop our potential as human beings. They are about living a life free from fear, harassment or discrimination.

There are a number of basic rights that people from around the world have agreed on, such as 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.

These human rights are the same for all people everywhere – male and female, young and old, rich and poor, regardless of our background, where we live, what we think or what we believe. This is what makes human rights ‘universal'.

Rights also describe 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 and are based on people's sense of what is fair or just.

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2. Where do human rights come from?

Human rights are not a recent invention. Discussion about these ideas can be traced back to the ancient civilisations of Babylon , China and India . They contributed to the laws of Greek and Roman society and are central to Buddhist, Christian, Confucian, Hindu, Islamic and Jewish teachings.

Concepts of ethics, justice and dignity were also important in societies which have not left written records, but consist of oral histories, such as Indigenous people in Australia and elsewhere.

A significant development in human rights took place in the 18th Century, during a time of revolution and emerging national identities. The American Declaration of Independence (1776) was based on the understanding that certain rights, such as ‘life, liberty and the pursuit of happiness', were fundamental to all people.

The French Declaration of the Rights of Man and the Citizen (1789) challenged the sovereignty of the aristocracy and recognised the ‘liberty, equality and fraternity' of individuals. These values were echoed in the United States ' Bill of Rights (1791), which recognised freedom of speech, religion and the press in its Constitution, as well as the right to ‘peaceable' assembly, private property and a fair trial.

However, the growth of totalitarian regimes in the 20th Century and the atrocities of World War 2 made the protection of human rights an international priority. The first attempt to develop a comprehensive statement of human rights was made in the Universal Declaration of Human Rights (the UDHR).

The UDHR sets out the fundamental rights of all people, including the right to life; freedom from slavery, torture and arbitrary arrest; freedom of thought, opinion and religion; the right to a fair trial and equality before the law; the right to work and education; and the right to participate in the social, political and cultural life of one's country.

Australia played an important role in drafting the UDHR, which was adopted unanimously by members of the United Nations in 1948. Since then it has been the foundation on which much international law has been based.

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Illustration: Young man using mobile phone3. Are there different types of human rights?

Human rights cover virtually every area of human life and activity.

They include civil and political rights , such as freedom of speech and freedom from torture. They also include economic, social and cultural 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 women and children: these are called collective rights .

One of these characteristics of human rights is that they are ‘universal'. This means they apply to everyone, regardless of status, race, gender, nationality or other distinction.

Another characteristic is that they are ‘indivisible'. In other words, people are entitled to all rights - civil and political (such as the right to a fair trial) and economic, social and cultural (such as the right to education). They can't be ranked, or traded off.

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4. What are the human rights ‘standards'?

The Universal Declaration of Human Rights, agreed to by the nations of the world on 10 December 1948, sets out the basic rights and freedoms of all men, women and children.

It has become the most important document of its kind and forms the basis of many legally-binding national and international laws.

Since then, human rights standards have been developed and incorporated into many international laws and treaties. Two of the most significant of these are the:

Civil and political rights attempt to protect the individual from the misuse of political power and recognise a person's right to participate in their country's political process. They include freedom from slavery, torture and arbitrary arrest; freedom of thought, opinion and religion; the right to a fair trial and equality before the law.

Economic, social and cultural rights require a government to ensure that its people share in the economic wealth of the country, can participate in its social and cultural life, have access to adequate health care, education, social support and a clean environment and develop to their full potential.

International law has also developed to protect people from racial discrimination and recognise the rights of specific groups of people, such as women, children and people with a disability.

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Illustration: Young woman at the beach5. Who has responsibility to protect human rights?

Human rights cannot exist in isolation; for instance, an individual on a desert island does not really ‘have' any rights because there is no-one to meet the corresponding responsibilities that go with them. In other words, human rights connect us to each other in a shared set of rights and responsibilities.

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, when a person exercises their right to freedom of speech, they should not infringe someone else's right to privacy.

Governments have a particular responsibility to ensure that people are able to enjoy their rights. They are required to establish and maintain laws and services that enable 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 protect their basic human rights.

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6. Why are human rights important?

In recent decades there has been a tremendous growth in how we think about and apply human rights ideas. This has had many positive results - knowledge about human rights can empower individuals and offer solutions for specific problems.

Values of tolerance, equality and respect can help reduce friction within society. Putting human rights ideas into practice can helps us create the kind of society we want to live in.

Human rights are an important part of how people interact with others at all levels in society - in the family, the community, schools, 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.

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Illustration: Young man wearing winter coat with hood7. Are some human rights more important than others?

Disagreements over whether one form of rights is more important than another have occurred over past decades between countries with different political ideologies.

Some nations have asserted that priority should be given to economic, social and cultural rights and point to the fact that their particular country's history, culture or religious background is not suited to incorporating ideas of an individual's civil and political rights.

Other nations have argued the opposite; that civil and political rights should take precedence and that the cost to governments of meeting the economic, social and cultural rights of its citizens would be impossible to meet.

However, over the last decade there has been broad agreement between members of the United Nations that human rights are universal, indivisible, interdependent and interrelated. In other words, all rights are equally important and necessary in creating a strong and healthy society.

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8. Can my human rights be taken away from me?

A person's human rights cannot be taken away. The Universal Declaration of Human Rights states, in its final Article, that no State, group or person “[has] any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein”.

This doesn't mean that abuses and violations of human rights don't occur. On television and in newspapers every day we hear tragic stories of murder, violence, racism, hunger, unemployment, poverty, abuse, homelessness and discrimination.

However, the Universal Declaration and other human rights treaties are more than just noble aspirations. They are essential legal principles. To meet their international human rights obligations, many nations have incorporated these principles into their own laws. This provides an opportunity for individuals to have a complaint settled by a court in their own country.

Individuals from some countries may also be able to take a complaint of human rights violations to a United Nations committee, which would then give its opinion.

In addition, education about human rights is just as important as having laws to protect people. Long term progress can really only be made when people are aware of what human rights are and what standards exist.

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Illustration: Young woman standing next to young man9. How are human rights protected in Australia ?

In Australia today, there are a number of important ways in which the rights of individuals are promoted and protected, including:

Australia has helped develop a range of international human rights laws and standards. We have also become signatories to them and have ratified them, which means that we've agreed to uphold these principles. However, signing an international treaty doesn't mean that these human right principles automatically become part of Australian law. They have to first be written into domestic law.

Some examples of Australian laws that have incorporated international human rights principles include the:

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10. What can I do to promote human rights?

There are literally hundreds of things you can do to promote discussion, education and action about human rights issues in your local area. Here are a few ideas.

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