INTRODUCTION
Human Rights Day is commemorated on the 10th of December across the globe, and it seeks to remind nations of the commitment of humanity to justice and equality for every individual. `Our Rights, Our Future, Right Now, ‘ which was the theme for Human Rights Day for the year 2024, invokes feelings and urges all people from different communities and nations to strive to bring change today. It signifies transformative power in collective action. The interplay between the responsibilities and the rights that an individual has is analyzed. It’s time to integrate legal framework and social action to truly realize the success of human rights globally.
UDHR – FOUNDATION FOR PROGRESS
The UN adopted the Universal Declaration of Human Rights during the General Assembly meeting in 1948, which marked the beginning of Human Rights Day. This authoritative document advocates for the freedom and dignity of individuals by assuring to not inhibit their rights. The effectiveness of the document can be seen because every individual across the globe is aware of the document, but even though the ideals of the document are widely accepted, it cannot be said to have been materialized entirely. There are still many systems that are in place that revolve around discrimination, and social and economic inequalities that hinder the efficiency of obtaining a pure standard idealistic society.
INTERDEPENDENCE OF RIGHTS AND RESPONSIBILITIES
Human rights are not absolute, they are the core determinant of the existence of an equitable and operative society. Every coin has two sides – a right in exercise comes with a corresponding duty to perform. Human duty is to respect the rights of others and to be responsible behaviour-wise. This interaction is important in the direction of building trustworthy relationships, collaboration, and social stability. For example, the right to free speech must not provoke anything that is fuelled by hatred or violence. A clean and healthy environment, in turn, places the responsibility on people, businesses, and countries to engage in sustainable activities.
THE URGENCY OF ‘RIGHT NOW’
The emphasis on immediacy, ‘Right Now’, highlights the pressing need for action. In a world of multifaceted crises, the cost of inaction is unacceptably high. In my opinion, three critical areas demand urgent attention as well as action –
- Gender Equality – Persistent efforts are being taken to address this deep-rooted menace, and significant progress has been made. Yet, the existence of gender-based discrimination continues to hinder the realization of equality. At economic and political levels, women face underrepresentation, especially in decision-making and policy-making. Not only this, male preference over women is common in jobs and opportunities. Moreover, lack of education, proper hygiene, and education persist in various regions of the world. To make matters worse, women are more prone to harassment and abuse, both at home and in the workplace. Empowerment of women is not only a legal imperative, but more of a moral one. Addressing the gender pay gap, dismantling patriarchal norms, and ensuring access to reproductive health services are critical steps toward achieving gender equality.
- Digital rights and privacy – Technology has revolutionized our lives positively, but it has become a dangerous weapon for offenders to violate people’s rights. The digital age is continuously introducing new challenges to human rights and privacy. New scams are emerging rapidly, and several people become victims easily of issues like cyberbullying, stalking, fraud, phishing, etc. Leakage of obscene material on the internet and SCEAM constitute even more serious issues that demand immediate attention and action. Due to the lack of stringent laws and regulations in technological use, the increasing misuse of technology demands urgent attention towards forming a robust framework to protect digital rights. Safeguarding online freedom is crucial to ensuring that technological advancement contributes to human progress rather than exacerbating inequalities.
- Climate Justice – The right to a safe, healthy, and sustainable environment is a fundamental right of all individuals, yet the majority of them are devoid of this basic necessity. Population explosion, irrational consumption habits, and resource scarcity have led to various people, especially marginalized communities, being devoid of necessities, further worsening inequalities. Climate change is not only environmental, it is a human rights crisis. Immediate measures to reduce greenhouse gas emissions, transition to zero carbon renewable energy, and protect vulnerable populations are essential to safeguard the future.
Some landmark judgments on human rights violations where the judiciary upheld these human rights are discussed below.
- Olga Tellis versus Bombay Municipal Corporation – The case arose when AR Antulay, the Chief Minister of Maharashtra, announced that all those who were living ‘illegally’ on pavements and in ‘slums’ of Bombay would be forcibly evicted and sent back to wherever they came from. In this politically hostile environment, those working-class residents who lacked access to adequate housing faced deprivation of even the bare shelter that they had managed to create for themselves on the pavements and slums of Bombay as they sought jobs in the bustling city. The People’s Union for Civil Liberties and journalist Olga Tellis approached the courts to argue on behalf of those residents. A five-judge bench of the Supreme Court upheld the right to life of the victims under Article 21[1] of the Indian Constitution, which includes the right to a life of dignity and access to livelihood and shelter[2].[3]
- Selmouni versus France – This case signifies the prohibition of torture. Ahmed Selmouni complained of assaults inflicted on him when he was in police custody in 1991. The Court held that “the acts of physical and mental violence inflicted on the applicant had caused severe pain and been of a most serious and cruel nature.”[4] It found violations of Article 3 (prohibition of torture and ill-treatment) as well as of the right to be tried within a reasonable time. This was the first case against France disclosing a violation of Article 3.[5]
- In May 2021, a Dutch court case against the oil company Shell recognized that the corporate responsibility to respect human rights is a global standard of conduct. The judgment has been called revolutionary for being the first where a multinational corporation is held responsible for its contribution to climate change – the effects of which the Judge firmly links to various water-related consequences. The Court found that the Shell group has an obligation, independent from the state’s, to reduce CO2 emissions. The reasoning draws on international soft law, including the UN Guiding Principles on Business and Human Rights (UNGPs) that are “endorsed by” Shell, to interpret an unwritten ‘standard of care’ under the Dutch Civil Code. The “human rights and the values they embody” were also factored in.[6]
RECOGNISING LGBTQ+ RIGHTS AS HUMAN RIGHTS
The rights of the LGBTQ+ community have emerged as a significant topic in the global arena of human rights. This community seeks equality, identity, dignity, and freedom from discrimination in areas such as marriage, employment, healthcare, and education. Despite progress in some nations, many LGBTQ+ individuals still face legal and social challenges, including criminalization, violence, and social stigma. Advocacy for LGBTQ+ rights emphasizes the universal principle that human rights are inherent and must apply to all, regardless of sexual orientation or gender identity. As societies evolve, addressing these issues is essential to fostering inclusivity, promoting diversity, and ensuring global human rights for every individual. One of the landmark cases for the protection of LGBTQ+ rights in India is Navtej Singh Johar v. UOI[7], which decriminalized consensual sexual relationships between same-sex adults. It established that LGBTQ+ individuals are entitled to the same constitutional rights as others.
CALL FOR ACTION
Human rights are universal, yet the enforcement and advocating of these rights calls for a unified partnership. Such principles as equality and justice can only be achieved through the contribution of Government bodies, civil society, businesses, and ordinary citizens. Initiatives and movements originating at the grassroots levels should be promoted. The combination of education and government efforts to overcome poverty, discrimination, and ignorance leads to more effective local solutions. Furthermore, the youth can play a meaningful role in shaping the future of human rights. Movements led by young activists, such as climate strikes, campaigns for racial justice, and advocacy for LGBTQ+ rights, demonstrate the power of youth-led initiatives in challenging the status quo.
CONCLUSION
Human Rights is not only a legal concept, it is the foundation of any social system. The slogan “Our Rights, Our Future, Right Now” sets the bar high. It is a challenge that presupposes that there is dignity and justice in the world, and thus, collective efforts must be encouraged to make them a reality. This is not an easy walk, it is a process that requires great strength, unity, and determination to remain true to the ideals of human rights. Collaborative efforts of all the three organs of the government, that is, the Legislature, the Executive, and the Judiciary, are required to truly achieve the purpose of human rights.
Author(s) Name: Mudita Ahuja (Vivekananda Institute of Professional Studies, VIPS-TC, GGSIP University, Delhi)
References:
[1] The Constitution of India
[2] Olga Tellis v Bombay Municipal Corporation (1986) AIR 180
[3] Rishika Sahgal, “Olga Tellis v Bombay Municipal Corporation : The Supreme Court to India, the Right to Housing and the Interconnectedness of Rights” (2022) IACL-AIDC
[4] Selmouni v France (1999) ECHR 25803/94
[5] The European Convention on Human Rights, ‘Prohibition of Torture : Landmark Judgements’ < https://www.coe.int/en/web/human-rights-convention/torture1 > accessed 27 January 2025
[6] ‘Landmark court case strengthens Human Rights principles’ (SIWI, 15 June 2021) < https://siwi.org/latest/landmark-court-case-strengthens-human-rights-principles/ > accessed 27 January 2025
[7] Navtej Singh Johar v Union of India (2018) SC 4321
