Explore the issues – Is it a human right?
Before we turn to an examination of the UN Charter and the Universal Declaration of Human Rights, test your knowledge about human rights.
People make many demands or claims, and often assert they have a “right” to be treated in a certain way, or to be provided with a certain service or good. Which claims are “human rights”? Similarly, there are many ways in which people suffer, or experience deprivation or harm – which forms of suffering are “violations” of human rights?
Consider the following four scenarios, and in regards to each ask yourself:
- does it include possible violation(s) of human rights, and
- if so, which right(s)?
You may wish to consult the text of the "Universal Declaration of Human Rights".
SCENARIO 1
A newspaper editor is arrested, imprisoned by the police, and held for many weeks without charge. She is eventually convicted on a charge of criminal defamation for an article that was published that alleged the country’s president was illegally providing his family preferred access to government contracts.
Is this a possible violation of human rights and, if so, which right(s)?
Answer: YES. The editor’s human rights to liberty (infringed by being held without charge) and freedom of expression (infringed by conviction for publishing legitimate criticism) have likely been breached. Look at Articles 3, 9 and 19 of the Universal Declaration of Human Rights.
SCENARIO 2
Girls in a remote province of a poor country are often married before they reach the age of 18; many are married as young as 15 years. The legal age for marriage in the country is 18 and, although the government criticises the practice of underage marriage, it does little to stop the practice, claiming both a lack of resources and that it cannot easily overcome the forces of tradition and culture that still favour child marriage.
Is this a possible violation of human rights and, if so, which right(s)?
Answer: MOST LIKELY. Child marriage is a violation of human rights, and it may reflect patterns of discrimination against girls. It might also prevent girls from completing their schooling – education is also a human right. Although the law forbids child marriage, as far as we know the government isn’t doing enough to prevent it – the practice seems widespread. Look at Articles 2 (non-discrimination) 16 and 26 of the Universal Declaration of Human Rights.
SCENARIO 3
Rural people from a poor country move to the city to seek work. Unable to afford to rent (or accommodation simply is unavailable), they live in slums or shanty-towns on land they do not own, constructing housing from whatever materials they can find. The government points to the dangers of crime and disease in the slums and orders these people evicted, with force if necessary, and their homes demolished.
Is this a possible violation of human rights and, if so, which right(s)?
Answer: MAYBE. Forcible evictions if done without due process and without ensuring alternative housing may amount to a breach of an individual’s right to security, to property and to adequate housing. We need more information to understand the circumstances of the evictions. Look at Articles 3, 17 and 25 of the Universal Declaration of Human Rights.
SCENARIO 4
Members of an extreme political group take up arms against a democratically elected government. They kill members of the police, take civilians hostage to raise ransom money to buy more weapons, and explode bombs in public areas, killing many civilians.
Is this a possible violation of human rights and, if so, which right(s)?
Answer: YES. Although international human rights treaties mainly place obligations on governments, not rebel forces or “terrorists”, killing civilians and taking hostages are international crimes, prohibited in all circumstances even by non-governmental forces – though the rules are found in treaties governing armed conflict.
Were you surprised – or confused – by any of the answers? The next sections will help you understand better what distinguishes a human rights claim.