Fundamentals of Human Rights

 

 

 

12.1. Basic Concept of Rights

Rights are legal, social, or ethical principles of freedom or entitlement. They represent the fundamental norms and rules about what is allowed of people or owed to people, according to a legal system, social convention, or ethical theory.

Concepts:

1. Definition:
   Rights are claims or privileges that individuals have against others or the state. They ensure dignity, equality, and freedom in a society.
2. Nature of Rights:
• Inalienable: Cannot be taken away or transferred.
• Universal: Belong to all humans regardless of race, gender, nationality, or religion.
• Justifiable: Can be claimed or protected by law or morality.
3. Types of Rights:
• Natural Rights: Inherent to all humans (e.g., right to life, liberty).
• Legal Rights: Given by the state (e.g., right to vote, education).
• Moral Rights: Based on ethics and human values.
• Human Rights: Basic rights and freedoms recognized internationally (e.g., by the UN).
4. Importance of Rights:
• Protect individual freedom and dignity.
• Maintain equality and justice.
• Ensure participation in the political and social process.

12.2. Human Rights and Its Historical Development

Human rights are the basic rights and freedoms that belong to every person in the world, from birth to death, regardless of nationality, gender, ethnicity, religion, or any other status. They are universal, inalienable, and indivisible.

Historical Development of Human Rights:

1. Ancient Period:
• Ancient civilizations (like Egypt, Greece, India) recognized some moral or legal rights.
• Ashoka’s Edicts in India promoted non-violence and welfare.
2. Medieval Period:
• Magna Carta (1215): Limited the power of the king in England; early sign of legal rights.
• Religious texts promoted dignity and respect for others.
3. Modern Period:
• English Bill of Rights (1689): Protected parliamentary rights and individual freedoms.
• American Declaration of Independence (1776): Declared all men are created equal with certain inalienable rights.
• French Declaration of the Rights of Man and Citizen (1789): Emphasized liberty, property, and resistance to oppression.
4. 20th Century - Global Recognition:
• United Nations Formation (1945): After WWII, countries agreed to prevent human rights violations.
• Universal Declaration of Human Rights (UDHR) - 1948:
• A milestone document adopted by the UN General Assembly.
• Declares 30 fundamental human rights.
• Basis for international human rights law.

12.3. Basic Principles, Norms, and Values of Human Rights

Basic Principles:

1. Universality:
   Human rights apply to everyone, everywhere, without discrimination.
2. Equality and Non-Discrimination:
   All individuals are equal before the law and are entitled to equal protection.
3. Indivisibility and Interdependence:
   All rights (civil, political, economic, social, cultural) are equally important and connected.
4. Participation and Inclusion:
   Everyone has the right to take part in public life and decision-making.
5. Accountability and Rule of Law:
   Governments and institutions are accountable for protecting and promoting rights.

Norms and Values of Human Rights:

• Freedom: Right to express, move, believe, and associate freely.
• Justice: Fair treatment and access to legal protection.
• Dignity: Every person is valuable and deserves respect.
• Equality: All people have the same value and rights.
• Solidarity: Support for the well-being of others, especially the vulnerable.

12.4. Constitutional Provisions related to human rights (Fundamental Rights, NHRC and other commissions)

Nepal’s Constitution guarantees human rights through various fundamental rights and the establishment of constitutional commissions.

A. Fundamental Rights (Part 3 of the Constitution of Nepal 2072)

Nepal’s Constitution ensures 31 Fundamental Rights. Some rights related to human rights include:

Fundamental Right	Provision
Right to Equality (Art. 18)	No discrimination on the basis of caste, gender, religion, etc.
Right to Freedom (Art. 17)	Freedom of opinion, expression, assembly, movement, etc.
Right to Justice (Art. 20)	Access to fair trial and legal remedies.
Right Against Torture (Art. 22)	No one shall be subjected to physical or mental torture.
Right to Information (Art. 27)	Right to demand and receive information held by the state.
Right to Education (Art. 31)	Free and compulsory education up to basic level.
Right to Health (Art. 35)	Right to free basic health services.
Right to Employment (Art. 33)	Right to employment and labor rights.
Right to Social Justice (Art. 42)	Special provisions for socially and economically disadvantaged groups.
Right to Environment (Art. 30)	Right to live in a clean and healthy environment.

 

 B. National Human Rights Commission (NHRC)

NHRC is a constitutional body established under Article 248 of the Constitution.

Roles and Responsibilities:

• Monitor human rights situation in Nepal.
• Investigate complaints of human rights violations.
• Recommend actions to the government and file cases in court.
• Public awareness and education on human rights.

 Nature:

• Independent and autonomous.
• Can carry out inquiries, inspections, and recommend legal action.

 C. Other Human Rights Related Commissions

Nepal has several other constitutional commissions to protect the rights of specific communities:

Commission	Article	Focus Area
National Women Commission	Art. 252	Women's rights and gender equality
National Dalit Commission	Art. 255	Rights of Dalit communities
National Inclusion Commission	Art. 258	Rights of marginalized and minority communities
Madhesi Commission	Art. 254	Rights of Madhesi people
Tharu Commission	Art. 256	Rights of Tharu community
Muslim Commission	Art. 257	Rights of Muslim community
Indigenous Nationalities Commission	Art. 253	Rights of Indigenous people (Adivasi Janajati)

 

12.5. National Human Rights Institutions (NHRIs)

National Human Rights Institutions (NHRIs) are independent bodies established by governments to promote and protect human rights at the national level. They are tasked with ensuring that governments fulfill their human rights obligations and that citizens have access to remedies when their rights are violated.

 

A. Functions of NHRIs

Functions of National Human Rights Institutions include:

1. Monitoring and Reporting:
• Regular monitoring of the human rights situation in the country.
• Investigating complaints related to human rights violations.
• Reporting findings to the government, international bodies, and the public.
2. Advocacy and Awareness:
• Raising awareness of human rights among citizens.
• Educating the public on their rights and how to protect them.
• Advocating for changes in laws, policies, and practices that violate human rights.
3. Advisory Role:
• Advising the government on human rights-related laws and policies.
• Providing recommendations to the government on improving human rights protections.
4. Investigation and Complaints Handling:
• Investigating individual or group complaints of human rights violations.
• Recommending actions to the government or legal bodies to rectify violations.
• Offering remedies or compensation to victims.
5. Collaboration:
• Working with international human rights organizations, NGOs, and the UN to address global human rights issues.
• Collaborating with other NHRIs and regional human rights institutions.

 B. Types of NHRIs

1. Human Rights Commissions:
   These are the most common form of NHRIs. They typically have a broad mandate to monitor and protect human rights across various sectors (civil, political, economic, social, and cultural rights).
   Example: National Human Rights Commission (NHRC) of Nepal.
2. Ombudsman:
   An independent institution that investigates complaints about government actions and addresses grievances.
   Example: Ombudsman Institution in several countries.
3. Specialized Institutions:
   Some NHRIs focus on specific rights or groups, such as women's rights, children's rights, or the rights of minorities.
   Example: National Women's Commission or National Commission for the Protection of Child Rights.

C. Role of NHRIs in Promoting Human Rights

1. Advancing Accountability:
   NHRIs ensure that governments and public authorities are held accountable for human rights violations. They play a crucial role in making sure laws and policies align with international human rights standards.
2. Providing Access to Remedies:
   NHRIs offer individuals access to remedies when their human rights are violated. This can be through investigations, reports, or recommendations for restitution and compensation.
3. Promoting Law Reform:
   NHRIs advocate for the reform of laws and policies that fail to protect human rights or that violate international human rights conventions.
4. Engaging in International Dialogue:
   NHRIs often engage with international human rights bodies like the UN Human Rights Council to ensure their countries adhere to international standards.
5. Providing Education:
   NHRIs engage in public education campaigns to raise awareness about human rights, empowering citizens to stand up for their rights.

 D. National Human Rights Commission of Nepal (NHRC)

The NHRC of Nepal is a constitutional body established under Article 248 of the Constitution of Nepal. It is responsible for monitoring, protecting, and promoting human rights in Nepal.

Functions of NHRC:

• Investigate complaints regarding human rights violations.
• Recommend actions to the government to protect human rights.
• Public Awareness: Promote human rights education and awareness in the public.
• Engage in Policy Recommendations: Provide expert advice to the government on human rights policies.
• Monitoring and Reporting: Regularly assess the status of human rights in Nepal and submit reports to the government and international bodies.

12.5. National Human Rights Institutions (NHRIs)

National Human Rights Institutions (NHRIs) are independent bodies established by governments to promote and protect human rights at the national level. They are tasked with ensuring that governments fulfill their human rights obligations and that citizens have access to remedies when their rights are violated.

 A. Functions of NHRIs

Functions of National Human Rights Institutions include:

1. Monitoring and Reporting:
• Regular monitoring of the human rights situation in the country.
• Investigating complaints related to human rights violations.
• Reporting findings to the government, international bodies, and the public.
2. Advocacy and Awareness:
• Raising awareness of human rights among citizens.
• Educating the public on their rights and how to protect them.
• Advocating for changes in laws, policies, and practices that violate human rights.
3. Advisory Role:
• Advising the government on human rights-related laws and policies.
• Providing recommendations to the government on improving human rights protections.
4. Investigation and Complaints Handling:
• Investigating individual or group complaints of human rights violations.
• Recommending actions to the government or legal bodies to rectify violations.
• Offering remedies or compensation to victims.
5. Collaboration:
• Working with international human rights organizations, NGOs, and the UN to address global human rights issues.
• Collaborating with other NHRIs and regional human rights institutions.

 B. Types of NHRIs

1. Human Rights Commissions:
   These are the most common form of NHRIs. They typically have a broad mandate to monitor and protect human rights across various sectors (civil, political, economic, social, and cultural rights).
   Example: National Human Rights Commission (NHRC) of Nepal.
2. Ombudsman:
   An independent institution that investigates complaints about government actions and addresses grievances.
   Example: Ombudsman Institution in several countries.
3. Specialized Institutions:
   Some NHRIs focus on specific rights or groups, such as women's rights, children's rights, or the rights of minorities.
   Example: National Women's Commission or National Commission for the Protection of Child Rights.

 C. Role of NHRIs in Promoting Human Rights

1. Advancing Accountability:
   NHRIs ensure that governments and public authorities are held accountable for human rights violations. They play a crucial role in making sure laws and policies align with international human rights standards.
2. Providing Access to Remedies:
   NHRIs offer individuals access to remedies when their human rights are violated. This can be through investigations, reports, or recommendations for restitution and compensation.
3. Promoting Law Reform:
   NHRIs advocate for the reform of laws and policies that fail to protect human rights or that violate international human rights conventions.
4. Engaging in International Dialogue:
   NHRIs often engage with international human rights bodies like the UN Human Rights Council to ensure their countries adhere to international standards.
5. Providing Education:
   NHRIs engage in public education campaigns to raise awareness about human rights, empowering citizens to stand up for their rights.

 D. National Human Rights Commission of Nepal (NHRC)

The NHRC of Nepal is a constitutional body established under Article 248 of the Constitution of Nepal. It is responsible for monitoring, protecting, and promoting human rights in Nepal.

Functions of NHRC:

• Investigate complaints regarding human rights violations.
• Recommend actions to the government to protect human rights.
• Public Awareness: Promote human rights education and awareness in the public.
• Engage in Policy Recommendations: Provide expert advice to the government on human rights policies.
• Monitoring and Reporting: Regularly assess the status of human rights in Nepal and submit reports to the government and international bodies.

12.5. National Human Rights Institutions (NHRIs)

National Human Rights Institutions (NHRIs) are independent bodies established by governments to promote and protect human rights at the national level. They are tasked with ensuring that governments fulfill their human rights obligations and that citizens have access to remedies when their rights are violated.

A. Functions of NHRIs

Functions of National Human Rights Institutions include:

1. Monitoring and Reporting:
• Regular monitoring of the human rights situation in the country.
• Investigating complaints related to human rights violations.
• Reporting findings to the government, international bodies, and the public.
2. Advocacy and Awareness:
• Raising awareness of human rights among citizens.
• Educating the public on their rights and how to protect them.
• Advocating for changes in laws, policies, and practices that violate human rights.
3. Advisory Role:
• Advising the government on human rights-related laws and policies.
• Providing recommendations to the government on improving human rights protections.
4. Investigation and Complaints Handling:
• Investigating individual or group complaints of human rights violations.
• Recommending actions to the government or legal bodies to rectify violations.
• Offering remedies or compensation to victims.
5. Collaboration:
• Working with international human rights organizations, NGOs, and the UN to address global human rights issues.
• Collaborating with other NHRIs and regional human rights institutions.

 B. Types of NHRIs

1. Human Rights Commissions:
   These are the most common form of NHRIs. They typically have a broad mandate to monitor and protect human rights across various sectors (civil, political, economic, social, and cultural rights).
   Example: National Human Rights Commission (NHRC) of Nepal.
2. Ombudsman:
   An independent institution that investigates complaints about government actions and addresses grievances.
   Example: Ombudsman Institution in several countries.
3. Specialized Institutions:
   Some NHRIs focus on specific rights or groups, such as women's rights, children's rights, or the rights of minorities.
   Example: National Women's Commission or National Commission for the Protection of Child Rights.

 C. Role of NHRIs in Promoting Human Rights

1. Advancing Accountability:
   NHRIs ensure that governments and public authorities are held accountable for human rights violations. They play a crucial role in making sure laws and policies align with international human rights standards.
2. Providing Access to Remedies:
   NHRIs offer individuals access to remedies when their human rights are violated. This can be through investigations, reports, or recommendations for restitution and compensation.
3. Promoting Law Reform:
   NHRIs advocate for the reform of laws and policies that fail to protect human rights or that violate international human rights conventions.
4. Engaging in International Dialogue:
   NHRIs often engage with international human rights bodies like the UN Human Rights Council to ensure their countries adhere to international standards.
5. Providing Education:
   NHRIs engage in public education campaigns to raise awareness about human rights, empowering citizens to stand up for their rights.

 D. National Human Rights Commission of Nepal (NHRC)

The NHRC of Nepal is a constitutional body established under Article 248 of the Constitution of Nepal. It is responsible for monitoring, protecting, and promoting human rights in Nepal.

Functions of NHRC:

• Investigate complaints regarding human rights violations.
• Recommend actions to the government to protect human rights.
• Public Awareness: Promote human rights education and awareness in the public.
• Engage in Policy Recommendations: Provide expert advice to the government on human rights policies.
• Monitoring and Reporting: Regularly assess the status of human rights in Nepal and submit reports to the government and international bodies.

12.6. Organization and Functions of the National Human Rights Commission (NHRC) of Nepal

The National Human Rights Commission (NHRC) of Nepal is an independent constitutional body established under Article 248 of the Constitution of Nepal, 2015. It is responsible for monitoring, promoting, and protecting human rights within the country.

 A. Organization of NHRC Nepal

The NHRC of Nepal is structured to ensure independence and efficiency in its operations. The organization is composed of the following components:

1. Chairperson:
• The Chairperson is the head of the NHRC and is responsible for overseeing the operations and activities of the Commission.
• The Chairperson is appointed by the President of Nepal based on a recommendation from a parliamentary selection committee.
2. Members:
• The NHRC is made up of a Chairperson and other members (usually 3 or 4), who are appointed for fixed terms.
• The members are appointed on the basis of their qualifications, experience, and expertise in human rights, law, or social justice.
3. Secretary:
• The Secretary serves as the chief administrative officer of the NHRC and coordinates the daily operations and activities of the Commission.
4. Regional Offices:
• To enhance accessibility and ensure effective monitoring, the NHRC operates through regional offices across Nepal.
5. Staff:
• The NHRC is supported by a team of professionals, including researchers, legal experts, and administrative staff, to carry out its functions effectively.

 B. Functions of NHRC Nepal

The NHRC of Nepal has a broad mandate to protect and promote human rights. Its main functions include:

1. Investigation of Human Rights Violations:
• Investigating Complaints: NHRC has the authority to investigate individual and collective complaints of human rights violations.
• Conducting Inquiries: NHRC can carry out inquiries into cases of human rights violations, including government actions or omissions that affect human rights.
• Protection of Rights: The Commission plays a critical role in ensuring that human rights are respected and protected by the state.
2. Recommendations to the Government:
• Based on its investigations, the NHRC can recommend actions to the government to address human rights violations and improve the protection of rights.
• The Commission can propose legal reforms to align the country’s laws with international human rights standards.
3. Advocacy and Public Awareness:
• The NHRC plays a significant role in raising awareness about human rights issues.
• The Commission organizes campaigns, public seminars, and educational programs to promote human rights values.
• It advocates for a human rights culture within Nepali society.
4. Monitoring and Reporting:
• NHRC regularly monitors the human rights situation in Nepal and submits annual reports to the government, the Parliament, and international human rights bodies (e.g., the United Nations).
• The Commission monitors government policies, actions, and practices to ensure compliance with human rights obligations.
5. Legal Protection and Advocacy:
• NHRC can engage in legal proceedings, either as a complainant or an amicus curiae (friend of the court), to advocate for human rights.
• It has the power to file petitions in the Supreme Court of Nepal for the protection of human rights.
6. Providing Recommendations on National and International Treaties:
• NHRC provides expert advice to the government on international treaties and conventions concerning human rights.
• It ensures that the country’s policies and laws conform to the international human rights framework.
7. Supporting Victims of Human Rights Violations:
• NHRC supports victims of human rights violations by facilitating compensation, legal support, and counseling services.
• The Commission works to ensure restorative justice for victims, including access to remedies for the harm they have suffered.
8. Training and Capacity Building:
• NHRC is involved in capacity-building programs for government officials, law enforcement agencies, and civil society organizations to promote human rights practices.
• It trains stakeholders in the proper handling of human rights issues.

 C. Powers of NHRC Nepal

1. Investigatory Powers:
• NHRC has the power to conduct investigations into human rights violations and has the authority to call witnesses, summon documents, and conduct site inspections.
2. Issuing Orders and Directives:
• NHRC can issue directives to public authorities or other stakeholders involved in human rights violations, demanding corrective actions.
3. Judicial Power:
• The Commission has the authority to file cases in courts, especially the Supreme Court, when necessary to ensure the protection of human rights.
4. Collaboration with International Bodies:
• NHRC works in collaboration with international human rights organizations such as the United Nations Human Rights Council and other national human rights institutions.

 D. Achievements of NHRC Nepal

1. Human Rights Awareness:
• NHRC has played a major role in raising awareness about human rights and has led numerous national campaigns to educate the public.
2. Rights of Marginalized Groups:
• The NHRC has been proactive in advocating for the rights of marginalized groups, including Dalits, indigenous communities, women, and children.
3. Advocating for Legal Reform:
• The Commission has contributed significantly to the reform of national laws, ensuring alignment with international human rights norms.
4. Monitoring Transitional Justice:
• NHRC has been involved in addressing issues related to transitional justice, especially concerning the victims of the Maoist conflict.
5. Reports and Recommendations:
• NHRC’s annual reports and recommendations have been a crucial resource for policy reforms in Nepal.

12.7. Role of NHRC on Human Rights Protection, Monitoring, and Human Rights Education

1. Human Rights Protection:

• Investigation of Violations: Investigates complaints related to human rights violations, including actions of public officials, private entities, and individuals.
• Interim Relief: Issues orders for immediate relief or rescue to victims of human rights violations.
• Recommendations for Reform: Recommends changes to laws, policies, and practices that violate or fail to protect human rights.
• Publicizing Non-Compliance: Makes public the names of individuals or agencies that fail to comply with NHRC’s recommendations.

2. Monitoring Human Rights:

• Monitoring Government Institutions: Inspects prisons, detention centers, police stations, and other government institutions to ensure compliance with human rights standards.
• Regular Reports and Reviews: Publishes regular reports on the state of human rights, evaluating legal and institutional compliance.
• International Obligations Monitoring: Monitors Nepal’s compliance with international human rights treaties and conventions.

3. Human Rights Education:

• Incorporating Human Rights into Education: Advocates for human rights education in school and university curricula.
• Public Awareness Campaigns: Runs campaigns to raise public awareness on human rights issues through media platforms.
• Training and Workshops: Organizes training sessions and workshops for government officials, law enforcement, and civil society organizations.
• Collaboration with International Organizations: Collaborates with international human rights bodies to stay aligned with global human rights trends.

12.8. Role of Government Agencies, Courts, and Civil Society in the Promotion and Protection of Human Rights

1. Government Agencies:

• Policy Implementation: Government agencies are responsible for implementing national policies and international treaties related to human rights.
• Creating and Enforcing Laws: Enacts and enforces laws that protect human rights, ensuring that these laws comply with international standards.
• Establishing Human Rights Bodies: Establishes and supports institutions like the National Human Rights Commission (NHRC) that oversee human rights protection and compliance.
• Monitoring and Reporting: Monitors the state of human rights in various sectors such as healthcare, education, and employment, and reports to international bodies on compliance.
• Provision of Relief: Government agencies, such as the police and social services, are tasked with providing immediate relief to victims of human rights violations, including rescue and compensation.

2. Courts:

• Judicial Protection of Rights: Courts are the primary mechanism for enforcing human rights at the national level by interpreting the law and providing redress for violations.
• Judicial Review: Courts have the power to review laws, policies, and government actions to ensure they are in line with constitutional human rights protections.
• Providing Remedies: Courts offer legal remedies such as compensation, rehabilitation, and punishment of human rights violators.
• Public Interest Litigation: Courts accept cases brought by individuals or organizations in the public interest, even when the victims themselves do not file the case.
• Interpreting Human Rights Norms: Courts play a significant role in developing the legal framework for human rights by interpreting constitutional and international human rights standards in their judgments.

3. Civil Society:

• Advocacy and Awareness: Civil society organizations (CSOs) raise awareness about human rights issues, educate the public, and advocate for changes in policies and laws that protect rights.
• Monitoring and Reporting Violations: Non-governmental organizations (NGOs) and community groups monitor human rights situations and document violations, providing crucial information for advocacy and legal action.
• Support for Victims: CSOs offer direct support services, including legal assistance, counseling, and rehabilitation, to victims of human rights violations.
• Campaigns and Lobbying: Civil society plays a vital role in lobbying the government for reforms, participating in human rights campaigns, and bringing international attention to human rights issues.
• Collaboration with International Bodies: CSOs often collaborate with international human rights organizations, raising global awareness and pressuring governments to act.