On the occasion of international human rights day 2017, I felt the urge to pen down some my ideas regarding human rights. These are the basic postulates I believe needs clarity while entering into the discourse of/on human rights.
i) Human Rights is broader/more than international human rights law.
Yes, the value of human rights has been translated into international human rights law. The international human rights law regime is probably most important dynamics/aspect/body of human rights. It has helped in translating the values of human rights into law. In no way, we can negate the role and influence of international human rights law. However, the notion of "human rights" is bigger than "international human rights law". The values of human rights have been translated in form of rights and have been codified in international and domestic legal instrument but we should not forget the basic idea that "human rights" is more than "international human rights law". Generally speaking, human rights is bigger than a legal construct that what can be translated in the legal instrument.
ii) Human Rights is a means to an end, not the end itself.
Most of us consider human rights as an end that we are striving to achieve, as a goal. However, properly assessment of notion of human rights would reveal its true nature, a means to an end. A just society or a peaceful society where all individual could live a dignified life could be an ends (maybe) but not human rights. Human Rights is a means, not an end in itself. Human Rights sets basic values and norms of minimal entitlements to every human being and these basic entitlements should not be deemed as an end. The observance of human rights is the desired criterion of a just and functional society.
iii) Human Rights is work in progress.
The idea of human rights is not a rigid and evolve with the society. The foundational idea of human rights may be same but it tends to grow. Thus the idea of human rights should be seen work in progress. If we look at the development of the human rights we can see the growth of human rights. The substantive aspect of human rights keeps on growing with its root in the idea of human rights. The basic value human rights adhere to remains the same whereas the substantive content and understanding of human rights evolve with the society. Thus, we can argue human rights is work in progress and will keep on evolving.
iv) Human Rights is not an alien concept.
The value human rights reflect is observed in its crude form in various religion and civilization. The present day idea of human rights is the refined form of the ideals that were in our religion and culture from time immemorial. The text of Vedas, Quran, and other religious text embodies the values expressed in the present day as human rights. If we look into our own idea of just society we will realize that concepts and ideas know as human rights is not an alien concept for us.
v) Human Rights rhetoric is not sufficient to translate human rights into practice.
With the translation of human rights into human rights law, the number of human rights instruments is increasing. We have seen the unprecedented growth in human rights rhetoric without its proportionate translation in practice. The states express commitments to ideas of human rights and sign and ratify the documents, however, the human rights observance does not tell us the similar story. Human Rights rhetoric is necessary but without its translation in practice it merely isn't of any use.
There still is a need for understanding human rights. The understanding is where observance of human rights truly gets strength from. When we understand the idea and believe in it, translating the idea into practice gets a lot easier.
Happy International Human Rights Day!!!
