Equal Rights for a Better Tomorrow

Dr. Pauly Mathew Muricken Dr. Pauly Mathew Muricken
09 Dec 2024

On December 10, we commemorate the momentous occasion of the anniversary of the adoption of the Universal Declaration of Human Rights, a profound and far-reaching human rights agreement. The United Nations chose the theme "Our Rights, Our Future, Right Now" for this year. It was on December 10, 1948, that the story began in earnest, with the adoption of the UDHR by the United Nations General Assembly.

The Declaration arose from the ashes of the Second World War and aimed to launch a new and brighter era of progressive rights. The principles contained therein are as relevant today as they were in 1948. For the last 76 years, the core ambition of the Declaration has been to infuse societies with equality, fundamental freedoms, and justice. The Declaration enshrines the rights of all human beings and is the global blueprint for national and international law and policies.

Human Rights are the rights that everyone should have because they are human. They empower all human beings. The 30 Articles of the Universal Declaration established universal human rights on the basis of humanity, freedom, justice, and peace. We have included indivisible human rights as fundamental rights in our Constitution, some of which are so important that they cannot be changed even through the amendment process.

Age of Treaties 
We live in an age of human rights treaties. Most nations have ratified nine core human rights treaties. Yet human rights have fallen on hard times. Women lack equality, dissenters are persecuted, and political freedoms are curtailed. There are countries that combine political repression and economic liberalism. Others follow the route of political authoritarianism. Age-old scourges such as slavery, exploitation, trafficking and forced labour continue to exist. Nations seem to have lost much of their moral authority. True, the use of "human rights" in English language books has increased 200-fold since the 1940s and is used today 100 times more often than terms such as "constitutional rights" and "natural rights".

People have begun to criticise governments in the distinctive idiom of human rights. However, the truth is that human rights law has not accomplished its objectives. There is little evidence that human rights treaties have improved people's well-being. The reason is that human rights were never implemented universally as was hoped.

The Universal Declaration is not a formal treaty. It did not create legally binding obligations. It was not ratified by nations but approved by the General Assembly. The United Nations Charter did not give the General Assembly the power to make International law. Rights were described in vague, merely aspirational terms that could be interpreted in multiple ways. The words in the Declaration are indeed stirring, but they did not capture the imagination of the common man, politicians, or intellectuals.
For Americans, human rights consisted of political rights such as the right to vote, speak freely, not to be arbitrarily detained, to practice religion of choice, and so on. For Russians, they consisted of social or economic rights such as the right to work, healthcare, and education. Liberal countries supported political rights, while socialism supported economic rights. Within another 18 years, the UN adopted a political and economic rights treaty in 1966, which became effective in 1976.

Sloppy Draftsmanship
Treaties are hopelessly ambiguous, allowing governments to rationalise anything they do. Sloppy draftsmanship and deliberate choices overload the treaties with hundreds of poorly defined obligations and vague expressions. The sheer quantity and variety of rights intended to protect virtually human interests cannot guide governments. Given that all governments have limited resources and budgets, protecting one human right might prevent a government from protecting another.

In most countries, torture is not a matter of official duty. Yet, it continues as an effective remedy to maintain order or to solve crimes. Freedom of expression does not extend to hate speech and could be limited by public order and moral considerations. But is there any specific guidance for nations to exercise enormous discretion? US Supreme Court decided that freedom of speech did not encompass fraudulent, obscene and defamatory statements as discernible from the decisions in Roth(1957), Brandenburg(1969), and Bethel School District(1986).

Standing up for Rights 
Dignity, freedom and justice are intrinsic values indispensable to a free society. Human dignity is the basis of justice, and its link has been explicitly established in the preamble to the Universal Declaration of Human Rights by proclaiming that recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. Its relevance is seen repeatedly in international documents, as it affirms the faith in the dignity of human beings.

Reverence for the nobility of a human being is the cornerstone of a body politic that believes in orderly progress. Violations of dignity and freedom reverberate across borders and generations. Dignity and liberty smoothen the atmosphere by promoting peace and justice. So much so that when dignity and freedom are lost, the breath of life gets into oblivion. What can be more critical than these facets of human personality? The right to human dignity and freedom is available to all women, youth, minorities, differently abled, indigenous people, migrant workers and the like. However, today, their voices are seldom heard in public life and often ignored in political decision-making.

Poverty prevails as the gravest human rights challenge now and always. Poverty not only breeds insecurity in individuals and their lives but also contributes to broader instability and conflict. Poverty is a cause and a product of human rights violations. Often, people whose rights are denied, the victims of discrimination or persecution, are more likely to be poor. They have little access to basic services and resources. Poor people cannot enjoy their right to education, health and housing simply because they cannot afford them. The poor face constraints in having access to justice despite the golden guarantee of equal access to justice and free legal aid. Poverty can affect all human beings. Yet poverty is rarely seen through the prism of human rights.

Justice and Peace 
A sustainable future is the minimum guarantee for people and the universe. It cannot be achieved without addressing poverty and inequality and establishing peace, solidarity and justice. We must respect the dignity of all equally. We must put an end to hunger, ensure good health and well-being, provide quality education to children, enforce gender equality and thereby achieve justice and order in society. This requires a new social contract that respects the dignity and freedom of all equally. Albert Einstein said: "Peace cannot be kept by force; it can only be achieved by understanding."

The essence of society is peacemaking. It involves a change of mindset and loyalties and embracing a world perspective culture by surrendering our narrow-mindedness. The basis of peace and stability in every society is the fullest respect for the human rights of all people. Life is always better in a world of peace. Like lotus in water, peace adds beauty and flavour to life.

We look forward to those able to generate lasting impressions as peacekeepers and peacemakers. We owe individual responsibilities to make the world a more peaceful place. Article 51 of our Constitution obligates the nation to promote international peace and security and maintain just and honourable relations between nations.

Life in Peace
Peace is not a stand-alone human right but the consequence of realising all human rights. A life in peace is grounded in the principle of human dignity. Article 1 of the Draft Declaration on the Right to Life in Peace states: "Everyone is entitled to the promotion, protection and respect of all human rights and fundamental freedoms, in particular the right to life, in a context in which all human rights, peace and development are fully implemented."

Securing peace means ending all forms of violence, direct, structural and cultural. UN General Assembly Resolutions on the "Declaration on the preparation of Societies for Life in Peace" adopted in 1978 and the "Declaration on the Right of Peoples to Peace" adopted in 1984 are the UN instruments constituting the soft law and recognising the right to peace. Thus, the right to peace strengthens the right to life and development.

The Preamble to the Constitution of the World Health Organisation states that the health of all peoples is fundamental to attaining peace and security on this earth; it depends on the fullest cooperation of individuals and States. In the Re-Ramlila Maidan Incident case(2012), the Supreme Court of India recognised quietness and peace as part of an individual's physical state.

Peace with Nature
Making peace with nature is the only pathway for fairer societies to tackle climate change, biodiversity loss, and pollution, the three self-inflicted planetary emergencies of the 21st century, which place the present and future generations at unacceptable risk. Our consumption and production systems are substantially damaging the environment and ecosystem. Therefore, there is a need to address environmental emergencies and human well-being together.

We must set the planet to healing and ensure the healing process lasts. Planetary emergencies are likely to cause more pain in the long run. Realising this, we must transform into fairer societies by valuing nature and focusing on its health at the heart of our decisions. This day compels us to reflect on our rights and our future, as well as the incredible story that led to the Universal Declaration and its purpose of recognising the equal and inalienable rights of all.

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