Concept and Meaning of Human Rights

Human rights are considered basic rights of a person.Such rights are inherent, inalienable, inter-related and universal.There are a list of such rights like civil and political rights, and economic, social and cultural rights. Now it is accepted that these rights are inter-related and indivisible. It means if a person is deprived from food and education, s/he might face the fate of inability to enjoy political rights.Due to increasing dimension of human rights, it is not easy to define the term human rights.

In Nepalese context, Human Rights Commission Act, 2068 BS has defined the term 'human rights'. The section 2(f) of the Act, 

–"Human rights” means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution and other prevailing laws and such other rights as are embodied in the international treaties relating to human rights to which Nepal is a party.

Human rights, as a whole, are the rights that are inherent in every human for being a human.

A human comes along with some fundamental rights as a precondition at birth itself in absence of which human’s life becomes meaningless. These preconditioned rights that allow human to live a human life are in fact human rights.

Human rights are the people’s principal basis for hope and trust. It is not the subject of “give and take issues” neither can it be made a subject of compromise of gaining power. State’s duty is to create such environment where its citizens can enjoy their human rights at perfect ease. That’s why UN General Secretary Kofi Annan said that 

–“human rights are the special rights inherent in individual but it is not like the subsidy provided by government that can be taken away.

Human rights are not the rights against any individual or group. Such rights are more often violated by government which is called the violation of human rights by state. Similarly, activity of non state party against human rights of its civilians is called “atrocity”. Since state holds power and legitimacy as well as responsibility to implement the international human rights instruments, the duty of respecting human rights and its protection, promotion and implementation is also vested on its shoulder.

Major source of human rights standards are international declaration, treaties and conventions.

Universal Declaration of Human Rights which UN General Assembly had adopted on December 10, 1948 is recognized as a breakthrough in setting basic standard of human rights. 

However, when we go through the preamble of UN Charter, we see: 

–..to reaffirm faith in fundamental human rights in the dignity and worth of the human person in the equal rights of men and women and of nations large and small ..