1.

Human Rights are Indivisible:

Human Rights are not capable of being divided. They cannot
be denied even when other rights have already been enjoyed.
Irrespective of their relation with civil, cultural, economic,
political, or social issues, human rights are inherent to the
dignity of every human person. Consequently, all human
rights have equal status, and cannot be positioned in a
hierarchical order. Denial of one right invariably impedes the
enjoyment of other rights. Thus, the right of everyone to an
adequate standard of living (say right of health or right of
education) cannot be compromised at the expense of other
rights.

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 the material and moral upliftment of the people. Human
rights are necessary for the fulfillment of the purpose of
human life.

3. Human Rights are in Connection with Human

Dignity:
All individuals are equal as human beings and by virtue of
the inherent dignity of each human person. There should not
be any discrimination on the grounds of race, colour,
ethnicity, gender, age, language, sexual orientation, religion,
political or other opinion, national, social or geographical
origin, disability, property, birth or other status. Human
dignity should be maintained. For e.g. In 1993, India has
enacted a law that forbids the practice of carrying human
excreta. This law is called the Employment of Manual
Scavengers and Dry Latrines (Prohibition) Act.

4. Human Rights are Interdependent and

Interrelated:
Human Rights are interdependent because the fulfilment or
exercise of one cannot be had without the realization of the
other. Each one contributes to the realization of a person’s
human dignity through the satisfaction of his or her
developmental, physical, psychological and spiritual needs.
The fulfilment of one right often depends, wholly or in part,
upon the fulfilment of others. For instance, the fulfilment of
the right to health may depend, in certain circumstances, on
fulfilment of the right to development, to education or to
information.

5. 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. No
government has the power to curtail or take away the rights
which are sacrosanct, inviolable and immutable.

6. Human Rights are Participative and Inclusive:

All people have the right to participate in and access
information relating to the decision-making processes that
affect their lives and well-being.
7. Human Rights are Never Absolute:
Man is a social animal and he lives in a civic society, which
always puts 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 go on expanding and changing 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.

9. Human Rights Limit State Power:

States and other duty-bearers are answerable for the
observance of human rights. In this regard, they have to
comply with the legal norms and standards enshrined in
international human rights instruments. So human rights
limit the state’s power.  Where they fail to do so, aggrieved
rights-holders are entitled to institute proceedings for
appropriate redress before a competent court or other
adjudicator in accordance with the rules and procedures
provided by law in form of writ petitions. For eg. Six
freedoms that are enumerated under the right to liberty
forbid the State from interfering with the individual.
Individuals, the media, civil society and the international
community play important roles in holding governments
accountable for their obligation to uphold human rights.
 10. Human rights are enforceable

Unlike the Fundamental objectives and directive principles of state,

human rights are enforceable. What this means is that, where there is a
breach of any of the fundamental human rights of a citizen by any
person or government, action can be brought against the defendant
(s) in court.
 

From the above definitions, the following characteristics of Human

Rights become evident : 
1. These are the rights of an individual or a group of individuals. 
2. These rights are inalienable and human beings are entitled to them by
birth. 
3. It is a universal and legal concept. 
4. These rights are meant to uphold human dignity and equality and to
set forth liberty and fraternity to all without any kind of discrimination.
5. These rights can be executed only within the society and are protected
and enforced by the authority of the state at all levels.

THREE GENERATION OF HUMAN RIGHTS 

Though Human rights are indivisible, they are also inseparable from the
major aspirations of time. It is therefore vital to constantly fast an
awareness of the links uniting human rights, development, peace,
disarmament and many other issues. This broad vision ties in with the
thinking of those who call for and urge the formulation of "Three
generation" human rights. These are– 

1. The first generation of human rights are those which originated in

Europe and America In the 18th Century. These rights emerged from the
American revolution (1776) and French revolution (1789). They were
aimed at securing the citizen's liberty from arbitrary action by the state.
These rights correspond largely to the civil and political rights in the
International Bill of Rights such as the right to individual freedom,
freedom of speech, thought and faith, the right to own property and so
on. These rights were meant to impose 'negative obligation on
governments to desist from interfering with the exercise of individual
liberties. These rights were among the major concerns of all liberal and
democratic movements since the nineteenth century. 

2. The second generation of human rights emerged in the 19th century

out of the political and economic struggles of the emergent working
class and included political and economic demands like the right to
participate in the exercise of political power, the rights to universal adult
franchise; the right to fixed hours of work, the right to minimum wages,
the right to form unions and so on. These rights were conceptualized and
legalized in the West in the course of a series of agitation and struggles
corresponding to the various stages of economic growth under a
capitalist system. These rights are also said to be "security-oriented" as it
provides for social, economic and cultural security. These rights-social,
economic and cultural are more positive in nature, that they make it the
duty of the state to ensure that these rights are realized. The Universal
Declaration of Human Rights reflects the consensus on the principles
which form the basis of the first and second generation rights. 

3. The third generation of human rights emerged in the twentieth century

through the socio-political turmoil of the two World Wars. These rights
are a response to the phenomenon of global interdependence. These
rights are of relatively recent origin. They have evolved in response to
various new concerns over which international consensus has emerged
in recent years. These include environmental, cultural and
developmental rights. They are concerned with the rights of groups and
peoples rather than of individuals and include such rights as the right of
self determination and the right to development. The Declaration on the
Right to development adopted by the UN General Assembly in 1986 is
the most important example of these rights.
 1. Difference between fundamental rights and human rights.

Fundamental Rights are the rights and freedom as a part of the

constitution that is protected by the constitution of India which is
recommended by the Government of India and the Indian parliament
which is enacted to its citizens. In Emergency situation, these rights are
banned by the presidents of India during the Emergency period and all
the people that fall under the jurisdiction of the constitution are granted
these rights without presumption or cost of privilege. Basically, these are
the rights that are awarded to all citizens as per the legal system of the
country without any conditions. These rights and freedom are enjoyed
by the citizens of the country into the certain determination of
boundaries.

Human Rights are the rights that all global men and women should have.
These are the most basic rights that protect a human from inhuman
behavior of other humans. There are some rights that are considered
universally to be fundamental and essential to their fulfilment of needs
for physical, mental and emotional protection. These rights are more
helpful to the survival of every human being on this earth.

S.N Fundamental rights Human rights

o

1. They are drafted based on They are drafted independently

some human rights by the for human survival by the
drafting committee of the drafting committee of the United
country. nation commission.
2. Country Law protected these The United Nations protected
rights. these rights.

3. The Constitution enacted World organizations enacted

these rights by the direction these rights by the direction of
of the constitution committee the U.N. International
under its jurisdiction. committee.

4. These rights are apart from These rights are essential and
living for something. compulsory for human living.

5 If a man/woman of the If a man/woman of the world is

country is prohibited to enjoy prohibited to enjoy these rights
these rights by a person or by a person or group or society
group or society, he will or state or nation, he will claim
claim these rights drastically these rights drastically by any
by any one court in the one court in the international
country like the high court or organization like international
supreme court of India. court in the Netherlands and
European courts of human rights
  in France.

6. These rights contain rights to These rights contain Civil and

freedom, freedom of religion, Political, Social, Economic and
equality, against exploitation, Cultural rights.
cultural and educational,
constitutional remedies.

7. On the basis of Legality, On the basis of Morality,

Constitution. Humanity.

8. A Human being is treated as A Human is treated as a member

 a member of the country. of the globe.

9. Peaceful Survival of humans Peaceful Survival of humans on

in his/her country. this earth.

10. These rights were changed in These rights were changed to

1978 by the parliamentary act meet the challenging period of
in India. human survival globally.

11. These rights are more These rights are more general.
specific.