Meaning of Human rights

Human beings are rational beings. They by virtue of their being human possess certain basic,
inherent
and inalienable rights which are commonly known as human rights. Human Rights are defined
as all
those rights which are essential for the protection and maintenance of dignity of individuals and
create conditions in which every human being can develop his personality to the fullest extent.
Human
rights become operative with the birth of an individual. These are moral claims which are
inalienable
and inherent in all individuals by virtue of their humanity alone, irrespective of caste, colour,
creed,
and place of birth, sex, cultural difference or any other consideration. Because of their immense
significance to human beings; human rights are also sometimes referred to as fundamental
rights,
basic rights, inherent rights, natural rights and birth rights. They are not created by any
legislature
through legislation and are not subject to amendment.

Definition of HR

Dr. Justice Durga Das Basu defines-

“Human rights are those minimal rights, which every individual must have against the State, or
other public authority, by virtue of his being a ‘member of human family’ irrespective of any
consideration.”

The Universal Declaration of Human Rights (UDHR), 1948, defines human rights as-
“Rights derived from the inherent dignity of the human person.”

Section 2 (1)(d) of the Protection of Human Rights Act,1993 defines "human rights" as-
"Human Rights are the rights relating to life, liberty, equality and dignity of the individual
guaranteed by the Constitution or embodied in the International Covenants and enforceable by
Courts in
India".

Characteristics of HR

1. Human Rights are Inalienable - Human rights are conferred on an individual due to the very
nature of his existence. They are inherent in all individuals irrespective of their caste, creed,
religion, sex and nationality. Human rights are conferred to an individual even after his death.
The different rituals in different religions bear testimony to this fact.
2. Human Rights are Essential and Necessary - In the absence of human rights, the moral,
physical, social and spiritual welfare of an individual is impossible. Human rights are also
essential as they provide suitable conditions for material and moral upliftment of the people.
3. Human Rights are in connection with human dignity – To treat another individual with
dignity irrespective of the fact that the person is a male or female, rich or poor etc. is
concerned with human dignity. For eg. In 1993, India has enacted a law that forbids the
practice of carrying human excreta. This law is called Employment of Manual Scavengers and
Dry Latrines (Prohibition) Act.
4. Human Rights are Irrevocable - Human rights are irrevocable. They cannot be taken away by
any power or authority because these rights originate with the social nature of man in the
society of human beings and they belong to a person simply because he is a human being. As
such human rights have similarities to moral rights.
5. Human Rights are Necessary for the fulfillment of purpose of life - Human life has a
purpose. The term “human right” is applied to those conditions which are essential for the
fulfillment of this purpose. No government has the power to curtail or take away the rights
which are sacrosanct, inviolable and immutable.
6. Human Rights are Universal – Human rights are not a monopoly of any privileged class of
people. Human rights are universal in nature, without consideration and without exception.
The values such as divinity, dignity and equality which form the basis of these rights are
inherent in human nature.
7. Human Rights are never absolute – Man is a social animal and he lives in a civic society,
which always put certain restrictions on the enjoyment of his rights and freedoms. Human rights
as such are those limited powers or claims, which are contributory to the common good
and which are recognized and guaranteed by the State, through its laws to the individuals. As
such each right has certain limitations.
8. Human Rights are Dynamic - Human rights are not static, they are dynamic. Human rights go
on expanding with socio-eco-cultural and political developments within the State. Judges have
to interpret laws in such ways as are in tune with the changed social values. For eg. The right to
be cared for in sickness has now been extended to include free medical treatment in public
hospitals under the Public Health Scheme, free medical examinations in schools, and the
provisions for especially equipped schools for the physically handicapped.
9. Rights as limits to state power - Human rights imply that every individual has legitimate
claims upon his or her society for certain freedom and benefits. So human rights limit the
state’s power. These may be in the form of negative restrictions, on the powers of the State,
from violating the inalienable freedoms of the individuals, or in the nature of demands on the
State, i.e. positive obligations of the State. For eg. Six freedoms that are enumerated under the
right to liberty forbid the State from interfering with the individual.

Generational human rights or types of Hr

Human rights are the foundation of dignity, freedom, and justice in society. The concept of
generations of human rights helps us understand this evolution by categorizing rights into different
phases based on historical struggles, legal developments, and societal demands. The idea of
three generations of human rights was introduced by French jurist Karel Vasak in 1979, drawing
inspiration from the ideals of the French Revolution—Liberty, Equality, and Fraternity. He
classified human rights into three broad categories:

1. First Generation – Civil and Political Rights (Liberty)

2. Second Generation – Economic, Social, and Cultural Rights (Equality)
3. Third Generation – Collective and Solidarity Rights (Fraternity).

First-Generation Human Rights: The Foundation of Individual Liberties

First-generation human rights are called civil and political rights, primarily protecting individuals
from government overreach and ensuring personal freedoms. These rights are known as ‘blue
rights’ because they emphasize non-interference by the state rather than direct state intervention.
Their core principle is liberty, meaning they safeguard individual autonomy, political
participation, and protection from state abuses.

The roots of first-generation human rights lie in centuries of political and philosophical evolution,
influenced by historical documents and movements that championed individual freedoms:

The Evolution of First-Generation Human Rights

1. Magna Carta (1215) – Signed by King John of England, this document limited royal power and
established the principle that even the king is subject to the law. It introduced early concepts of
due process and protection from arbitrary detention.

2. Rights of Englishmen (17th Century) – A set of legal traditions in England that established
rights like trial by jury, habeas corpus, and freedom from cruel punishments.

3. English Bill of Rights (1689) – A landmark document that reinforced parliamentary supremacy
over the monarchy and granted rights such as free elections, free speech in Parliament, and
protection from excessive bail and fines.

4. U.S. Bill of Rights (1791) – The first ten amendments to the U.S. Constitution, securing
freedoms like speech, religion, press, and the right to bear arms, became a model for modern
human rights frameworks.

5. French Declaration of the Rights of Man and Citizen (1789) – A revolutionary document that
declared liberty, property, security, and resistance to oppression as fundamental rights of all
citizens.

6. Universal Declaration of Human Rights (1948) – After World War II, the UDHR formalized
civil and political rights on a global scale, influencing constitutions and legal systems worldwide.

Key Examples of First-Generation Human Rights

First-generation rights are predominantly negative rights, meaning they require the state to
refrain from interfering rather than taking active measures. Some key examples include:

Right to Life – Protection from arbitrary deprivation of life, including unlawful killings and capital
punishment without due process.
Freedom of Speech and Expression – The right to express opinions without fear of government
censorship or persecution.
Right to Property – The right to own, use, and transfer property without unlawful state seizure.
Right to a Fair Trial – Protection against arbitrary detention, the right to legal representation, and
access to an impartial judiciary.
Right to Vote (Political Participation) – The right to participate in free and fair elections, choose
representatives, and engage in political discourse

Second-Generation Human Rights: Advancing Social and Economic Justice

Second-generation human rights focus on economic, social, and cultural rights (ESC rights),
ensuring that individuals have access to essential resources and opportunities for a dignified life.
These rights are referred to as ‘red rights’, as they require active state intervention to promote
equality and social justice.

Unlike first-generation rights, second-generation rights demand positive action from

governments to create fairer societies by reducing inequalities in wealth, health, and education.
Their core principle is equality, meaning that all individuals, regardless of background, should
have access to basic needs that support human development and well-being.

The rise of second-generation human rights is closely linked to global socio-political

transformations after World War II. Key influences include:

1. Post-War Reconstruction and Welfare State Models

The devastation caused by World War II led to the realization that merely ensuring political
freedoms (first-generation rights) was insufficient; economic stability and social protection were
equally critical.
Western democracies like the United States (New Deal policies), the United Kingdom (Welfare
State under the Beveridge Report, 1942), and European nations introduced public healthcare,
unemployment benefits, and social housing programs.

2. Rise of Socialist and Communist Ideologies

The Soviet Union and socialist movements emphasized state-driven economic planning, labor
rights, and redistribution of wealth to counteract capitalist inequalities.
The ideological conflict between capitalist democracies and socialist states shaped international
human rights frameworks, leading to the establishment of the ICESCR in 1966.

3. Decolonization and Global Development Agendas

Newly independent nations in Asia, Africa, and Latin America sought to uplift their populations
through poverty reduction, healthcare access, and educational reforms.
The United Nations and Bretton Woods institutions (World Bank, IMF, UNDP) played a role in
promoting developmental assistance and economic justice.

4. Globalization and Human Development Index (HDI)

The late 20th and early 21st centuries saw a growing emphasis on economic and human
development metrics, with organizations like the UNDP introducing HDI to measure progress in
education, health, and income levels.

Key Examples of Second-Generation Human Rights

These rights emphasize collective well-being and socio-economic upliftment. Key examples
include:

1. Right to Employment – Guaranteeing fair wages, safe working conditions, and protection
against unjust dismissal.
2. Right to Healthcare – Ensuring access to medical services, sanitation, and preventive
healthcare.
3. Right to Education – Providing free and compulsory education, skill development, and
literacy programs.
4. Right to Housing – Promoting adequate shelter and protection against forced eviction.
5. Right to Social Security – Offering unemployment benefits, pensions, and assistance for
vulnerable groups.
6. Right to a Decent Standard of Living – Ensuring access to food, clean water, and economic
stability.
These rights are incorporated into various national and international legal frameworks, including:

Universal Declaration of Human Rights (UDHR, 1948) – Articles 22 to 27 highlight socio-

economic and cultural rights.
International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966) – Legally binds
signatory nations to protect socio-economic rights.
Indian Constitution (Directive Principles of State Policy – DPSPs, Articles 38-51) – These
principles guide the state in promoting welfare policies, education, health, and economic justice.

Third-Generation Human Rights: The Era of Collective and Global Rights

Third-generation human rights, also known as ‘solidarity rights’, emphasize collective rights that
go beyond individual freedoms and focus on global cooperation, social justice, and sustainable
development. These rights transcend national boundaries and require international collaboration
to address issues affecting humanity as a whole.
These rights emerged in response to global challenges like environmental degradation, economic
inequality, war, and cultural exploitation. Unlike first- and second-generation rights, which are
firmly established in international law, third-generation rights face several challenges:

Lack of Legal Enforceability – Unlike civil, political, and socio-economic rights, solidarity rights
are not legally binding in most international treaties. Their enforcement depends on voluntary
commitments by nations.
Broad and Vague Definitions – Concepts like ‘right to peace’ and ‘right to development’ are
difficult to quantify and enforce uniformly across countries.
Conflicts Between National and Global Interests – Economic superpowers and multinational
corporations often resist policies that enforce equitable development, climate action, and wealth
redistribution.
Political and Diplomatic Barriers – Disputes over sovereignty, global governance, and geopolitical
interests make it difficult for nations to agree on collective actions.
Key Examples of Third-Generation Human Rights

Since third-generation rights focus on humanity as a whole, they include:

Right to Self-Determination – The ability of peoples and nations to determine their political,
economic, and cultural destiny without external interference.
Right to Development – Ensuring that economic and technological progress benefits all nations,
especially developing countries.
Right to a Healthy Environment – Addressing climate change, pollution, and sustainable
resource use to protect future generations.
Right to Peace and Security – Advocating for disarmament, conflict resolution, and the
elimination of war.
Right to Cultural Heritage – Preserving indigenous traditions, languages, and historical
monuments against exploitation.
Right to Humanitarian Assistance – Ensuring aid and relief for those affected by natural
disasters, conflicts, or economic crises.
These rights have been promoted in various international agreements and declarations, such as:

● 1972 Stockholm Declaration on the Human Environment – Laid the foundation for
environmental rights.
● 1986 UN Declaration on the Right to Development – Recognized development as a
fundamental human right.
● Paris Agreement (2015) – A global pact to combat climate change and protect the
environment.

The Rise of Fourth-Generation Human Rights: Navigating the Digital Age

“To deny people their human rights is to challenge their very humanity."
-Nelson Mandela
In the 21st century, rapid technological advancements have reshaped the way we live, work, and
interact. As societies become increasingly digital, new challenges and ethical dilemmas emerge,
giving rise to what many scholars call Fourth-Generation Human Rights. The fourth generation
emphasizes the ethical and legal implications of emerging technologies such as artificial
intelligence (AI), biotechnology, big data, and cyberspace governance. As digital technologies
become an inseparable part of our daily lives, these rights seek to protect individuals from digital
exploitation, privacy breaches, and algorithmic discrimination.

Ethical Debates and Future Challenges

While fourth-generation rights aim to safeguard individuals in a tech-driven world, several

challenges hinder their implementation:

1. Balancing Privacy and Security – Governments argue that surveillance is necessary for
national security, but this often comes at the cost of individual freedoms.
2. Regulating AI and Automation – As AI takes over decision-making in finance, healthcare,
and governance, concerns about bias, discrimination, and job displacement have
intensified.
3. Digital Divide – Unequal access to digital technologies in developing countries raises
concerns about technological elitism and exclusion.
4. Cyber Warfare and AI Weapons – With the rise of autonomous weapons and cyberattacks,
ensuring digital peace is a growing global challenge.
Key Examples of Fourth-Generation Human Rights
With the rise of artificial intelligence, data-driven economies, and digital governance, the
following rights have become critical:

1. Right to Digital Privacy – Protection from mass surveillance, unauthorized data collection,
and cyber intrusions.
2. Right to Access Digital Information – Ensuring fair access to the internet, preventing
digital exclusion, and fighting censorship.
3. Right to Data Protection – Regulating how personal data is stored, processed, and shared
by corporations and governments.
4. Right to Algorithmic Transparency – Ensuring AI and machine-learning systems make
ethical and non-discriminatory decisions.
5. Right to Cybersecurity – Protection from cyber threats, hacking, identity theft, and digital
fraud.
6. Right to Disconnect – The right of employees to be free from work-related digital
communication beyond working hours.
7. Global initiatives like the General Data Protection Regulation (GDPR) in the EU, the Right
to be Forgotten ruling, and the UNESCO guidelines on AI ethics highlight the growing
importance of these rights in shaping responsible digital governance.