What are Human Rights?
"Basically we could not have peace, or an atmosphere in which peace could grow, unless we recognized the rights of individual human beings... their importance, their dignity... & agreed that was the basic thing that had to be accepted throughout the world."
Eleanor Roosevelt, USA, 1948
Introduction
This section sets out briefly what human rights are, where they are found and who is responsible for upholding them.
What are Human Rights?
Human Rights are:
- Universally agreed basic standards which aim to ensure that every person is treated with dignity and respect.
- Interdependent and indivisible which means that rights are linked and non-observance of one right may impact on another.
- Inherent to all persons without discrimination, and irrespective of the political system of the state. The principle of non-discrimination is at the centre of human rights and features in the major human rights treaties.
- Usually set out in law, through international or regional treaties, or national legislation where they form a legal statement of universally accepted principles of how the state should treat its citizens and others within its jurisdiction.
Human rights include:
- Civil and Political Rights, such as the right to life, the right to a fair trial and the right not to be subjected to torture.
- Economic, Social and Cultural Rights, such as the right to work, to join a trade union, to health, to education and to an adequate standard of living.
Different terms are used to describe international legal agreements. 'Instrument' can be used as a generic term to describe all types of international legal documents and encompasses the terms 'convention', 'covenant', 'treaty' and 'agreement' which are often used interchangeably.
Who are Human Rights for?
They are universal which means they are for everyone. Central to the concept of human rights is respect for the life and dignity of every person.
Where are Human Rights found?
Human rights are usually set out in law. They are found in international (primarily United Nations) or regional (European) treaties, or in national constitutions or national legislation.
Who is Responsible for Respecting, Protecting & Fulfilling Human Rights?
States are obliged under international law to respect, protect and fulfil human rights. The Government and through it the Civil and Public Service have the primary responsibility to uphold human rights by creating the conditions for them to be effective. However, the state does not give people rights. These rights are inherent which means they belong to everyone.
States agree to respect, protect and fulfil the human rights contained in treaties or conventions:
- To respect means that states must not interfere with or restrict human rights.
- To protect involves passing laws and creating mechanisms to prevent violation of rights by state authorities.
- To fulfil means that states must take positive action to ensure the enjoyment of human rights.
These three principles should serve all people within the state.
The rights which everyone in Ireland has are set out in the Constitution, in national legislation (see Section 3), and in European legislation and international instruments (see Sections 4 and 5).