By Vidhika Chaudhary, a student at Gautam Buddha University

Human Rights

Human rights are said to be the basic rights and freedoms that belong to each and every person in the world, simply because they are human. These rights are inherent, inalienable, and indivisible, meaning they cannot be taken away, sold, or divided. They are considered universal, applying to all individuals regardless of race, gender, nationality, religion, or any other status.

The concept of human rights has deep roots in various philosophical, religious, and cultural traditions throughout history. However, the modern human rights movement gained momentum after the atrocities of World War II, leading to the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. The UDHR serves as a foundational document outlining the basic rights and freedoms to which all people are entitled.

Human rights are grounded in several core principles, including:

• Equality: All individuals are equal before the law and are entitled to equal protection of their rights.
• Dignity: Every person has inherent worth and value, deserving of respect and recognition.
• Freedom: Individuals have the right to freedom of thought, expression, religion, and peaceful assembly.
• Justice: All people are entitled to fair and impartial treatment under the law and access to justice.
• Non-Discrimination: Discrimination based on race, gender, religion, ethnicity, disability, or any other status is prohibited.
• Participation: Individuals have the right to participate in the decision-making processes that affect their lives.

Categories:

Human rights are often categorized into two main groups:

• Civil and Political Rights: These include rights such as freedom of speech, assembly, and religion, the right to a fair trial, and the right to participate in government and elections.
• Economic, Social, and Cultural Rights: These encompass rights such as the right to education, healthcare, housing, food, and work. They are essential for ensuring the dignity and well-being of individuals and communities.

By recognizing and upholding human rights, societies can strive toward greater equality, justice, and respect for the inherent dignity of all human beings.

Human Rights and Vulnerable Groups

Vulnerable Groups:

Vulnerable groups are those who are at a higher risk of experiencing discrimination, marginalization, and violations of their rights due to various factors such as their age, gender, ethnicity, disability, or socio-economic status. These groups often face systemic barriers that limit their access to resources, opportunities, and protection under the law.

Vulnerable groups include the groups given below but are not limited to:

1. Minority Groups: Ethnic, religious, or linguistic minorities often face discrimination and exclusion based on their cultural identity.
2. Refugees and Internally Displaced Persons: People forced to flee their homes due to conflict, persecution, or natural disasters are particularly vulnerable to human rights abuses.
3. Persons with Disabilities: Individuals with physical, sensory, intellectual, or mental impairments may face barriers to participation, accessibility, and inclusion.
4. LGBTQ+ Individuals: Lesbian, gay, bisexual, transgender, queer, and other sexual and gender minority individuals may face discrimination, violence, and legal obstacles based on their sexual orientation or gender identity.
5. Elderly Persons: Older adults may experience ageism, neglect, and lack of access to healthcare, social services, and economic opportunities.
6. Indigenous Peoples: Indigenous communities often face marginalization, land dispossession, and violations of their cultural and land rights.

Challenges:

Vulnerable groups face numerous challenges, including limited access to resources such as education, healthcare, and economic opportunities. They often encounter social stigma, prejudice, and discrimination based on their identity or status, which exacerbates their exclusion from decision-making processes and results in a lack of representation in institutions and policies. Additionally, they experience unequal treatment before the law and face barriers to accessing justice and protection. Upholding the rights of vulnerable groups is essential for promoting equality, social justice, and human dignity. Protecting these rights contributes to building inclusive societies where everyone can fully participate and thrive.

Women and Children as Vulnerable Groups

Women:

Women have historically been marginalized and subjected to discrimination in various spheres of life, including education, employment, healthcare, and political participation. Gender-based violence, unequal pay, limited access to reproductive rights, and cultural norms that reinforce gender stereotypes are among the challenges women face.

Children:

Children are inherently vulnerable due to their age and dependency on adults for care and protection. They are often exposed to exploitation, abuse, neglect, and violations of their rights. Issues such as child labor, child marriage, trafficking, and lack of access to education and healthcare threaten the well-being and development of children worldwide.

Intersectionality:

Women and children from marginalized communities face compounded vulnerabilities due to intersecting factors such as race, ethnicity, socio-economic status, disability, or geographic location. Intersectionality highlights the interconnected nature of oppression and discrimination, emphasizing the need for an inclusive approach to addressing human rights violations.

Women Rights

Women’s rights movements have fought for gender equality and the recognition of women’s rights as human rights. Throughout history, women have organized and advocated for reforms in laws, policies, and social norms to address issues such as suffrage, reproductive rights, and gender-based violence.

Key issues in women’s rights include:

1. Equal pay and economic opportunities.
2. Reproductive rights and access to healthcare, including family planning and maternal health services.
3. Freedom from violence and discrimination, including domestic violence, sexual harassment, and harmful traditional practices.
4. Participation in decision-making aspects at all levels of society.

International Instruments:

International instruments such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Beijing Declaration and Platform for Action, and the Sustainable Development Goals (SDGs) provide frameworks for promoting gender equality and empowering women worldwide.

Children Rights

Children’s rights encompass fundamental freedoms and entitlements that ensure their well-being, development, and protection. Enshrined in the Convention on the Rights of the Child (CRC), adopted by the United Nations in 1989, these rights span civil, political, economic, social, health, and cultural dimensions. Central to the CRC are key principles guiding the treatment and care of children worldwide. 

The principle of the best interests of the child mandates that all decisions and actions concerning children should prioritize their optimal development and well-being. This principle serves as a guiding framework across legal, administrative, and policy realms, aiming to ensure that children’s needs and perspectives are paramount.

Children’s right to life, survival, and development underscores their entitlement to a safe environment, adequate nutrition, healthcare, and education. These foundational rights are essential for nurturing healthy physical, emotional, and cognitive growth, enabling children to reach their full potential.

Non-discrimination forms another cornerstone, affirming that every child is entitled to enjoy their rights without discrimination based on race, gender, ethnicity, religion, disability, or any other status. Upholding this principle promotes inclusivity and equity, safeguarding children’s access to opportunities and protections irrespective of their background.

Respect for the views of the child acknowledges children as active participants in decisions affecting their lives. It emphasizes their right to express opinions and have them taken seriously in accordance with their evolving capacities. This principle promotes autonomy and fosters a culture of listening and responsiveness in policies and practices involving children.

Protection from violence, abuse, and exploitation is paramount under the CRC, ensuring that children are safeguarded from all forms of harm, including physical, sexual, and emotional abuse, neglect, exploitation, and trafficking. Efforts to prevent and respond to such violations are integral to upholding children’s rights and ensuring their safety and well-being.

In sum, the CRC sets a global standard for the treatment of children, emphasizing their rights as inherent to their dignity and development. Upholding these principles not only fosters individual well-being but also contributes to building inclusive and compassionate societies where every child can flourish and contribute to their communities.

Implementation Challenges:

Despite international commitments to children’s rights, numerous challenges persist, including poverty, lack of access to education and healthcare, armed conflict, child labor, trafficking, and institutionalization. Ensuring the full realization of children’s rights requires concerted efforts from governments, civil society, and international organizations.

Landmark Cases

Roe v. Wade (1973)

Facts:

The case of Roe v. Wade arose from a Texas law that prohibited abortions except to save the life of the mother. Norma McCorvey, known by the legal pseudonym “Jane Roe,” was an unmarried pregnant woman who sought to terminate her pregnancy. Unable to obtain a legal abortion in Texas, she filed a lawsuit against Henry Wade, the district attorney of Dallas County, challenging the constitutionality of the Texas abortion laws. The case finally reached the US Supreme Court.

Issues:

The central issue in Roe v. Wade was whether the Texas statutes that criminalized most abortions violated a woman’s constitutional rights. The questions before the Court to decide were:

1. Whether the Texas abortion laws infringed upon a woman’s right to privacy protected by the Due Process Clause of the Fourteenth Amendment.

2. Whether the state’s interests in protecting the health of the mother and the potential life of the fetus justified the restrictive abortion laws.

Judgment:

In a 7-2 decision, the Supreme Court ruled in favor of Jane Roe, holding that the Texas law was unconstitutional. The Court’s opinion, written by Justice Harry Blackmun, established several key points:

1. Right to Privacy: The Court recognized that a woman’s right to choose to have an abortion fell within the right to privacy protected by the Fourteenth Amendment. This right was deemed “fundamental” to a woman’s autonomy and decision-making.

2. Trimester Framework: The Court introduced a trimester framework to balance the state’s interests and the woman’s rights:

   – During the first trimester, the decision to terminate the pregnancy was solely at the discretion of the woman and her physician.

   – In the second trimester, the state could regulate abortion procedures in ways reasonably related to maternal health.

   – In the third trimester, once the fetus reached “viability,” the state could regulate or prohibit abortions, except where necessary to preserve the life or health of the mother.

3. State Interests: The Court acknowledged the state’s legitimate interests in protecting both the health of the mother and the potential life of the fetus.

Sheila Barse v. Union of India

Facts:

The case was brought before the Supreme Court of India by Sheila Barse, a journalist and social activist, as a public interest litigation (PIL). Barse highlighted the dire conditions faced by children living in observation homes and juvenile jails across India. She sought judicial intervention to ensure that children in these facilities were treated with dignity and provided with basic necessities and protections guaranteed under Indian law.

Issues:

The central issue in Sheila Barse v. Union of India was the protection of children’s rights and welfare, particularly those in institutional care. The case addressed:

1. Whether the conditions in observation homes and juvenile jails violated children’s fundamental rights under the Constitution of India, including the right to life and personal liberty.

2. Whether the government was fulfilling its obligations to provide a safe and nurturing environment for children in state custody.

Judgment:

In its judgment, the Supreme Court of India acknowledged the deplorable conditions in which many children lived in observation homes and juvenile jails. The Court emphasized the need for state authorities to uphold the rights and welfare of children under their care. It issued directives to improve the infrastructure, hygiene, nutrition, and overall living conditions in these facilities. The judgment underscored the State’s responsibility to protect and promote the rights of children, ensuring they were treated in accordance with principles of human dignity and justice.

Significance:

Sheila Barse v. Union of India remains significant in Indian jurisprudence as a case that underscored the judiciary’s role in safeguarding children’s rights and welfare. The judgment prompted reforms in the treatment of children in state custody, advocating for better living conditions and protections against abuse and neglect. The case set a precedent for subsequent PILs and legislative reforms aimed at enhancing child welfare and ensuring that children’s rights are respected and upheld across India.

Conclusion

In conclusion, human rights are the cornerstone of a just and equitable society, guaranteeing the inherent dignity and freedoms of every individual. As outlined across the pages, vulnerable groups, including women and children, often face heightened risks of discrimination, marginalization, and rights violations. Addressing these challenges requires a concerted effort to protect and uphold the rights of all members of society, regardless of their identity or status. By recognizing the intersectionality of oppression and discrimination and promoting gender equality and empowerment, we can build inclusive societies where everyone can fully participate and thrive. International instruments such as conventions, declarations, and sustainable development goals provide frameworks for advancing human rights globally. However, realizing the full potential of human rights requires ongoing commitment, collaboration, and advocacy at all levels of society. Together, we can work towards a world where human rights are respected, protected, and fulfilled for all.

FAQ

1. What are human rights?

   Human rights are basic rights and freedoms inherent to all individuals simply because they are human. They are universal, inalienable, and indivisible, encompassing civil, political, economic, social, and cultural dimensions. These rights ensure dignity, equality, and justice for every person worldwide.

2. What are vulnerable groups in the context of human rights?

   Vulnerable groups are those at higher risk of discrimination and rights violations due to factors like age, gender, ethnicity, disability, or socio-economic status. Examples include minority groups, refugees, persons with disabilities, LGBTQ+ individuals, elderly persons, and indigenous peoples.

3. Why are women and children considered vulnerable groups?

   Women and children often face systemic barriers such as gender-based violence, limited access to education and healthcare, and discrimination in employment and political participation. Children, due to their dependency and developmental needs, are particularly vulnerable to abuse, neglect, and exploitation.

4. Can you give examples of landmark cases in human rights?

   Roe v. Wade (1973): U.S. Supreme Court case legalizing abortion, affirming a woman’s right to privacy and reproductive choice.

 Sheila Barse v. Union of India (1986): Indian Supreme Court case improving conditions for children in state custody, emphasizing child welfare and protection.