Author: Amseena, 1st year BA LLB, SDM law College Mangalore, Karnataka
Almost every day there are chilling instances of violence, torture, child abuse, man slaughter and several other human rights violations. Today’s human right violations are the causes of tomorrow’s conflicts. This article includes concept of human right violation along with the types of violation which includes civil and political rights and economic, social and cultural rights. Later the article gives a brief explanation of instances of human rights violation globally, which includes poverty, right to live, denial of education, subjugation of women and bias in law.
In India human right violation is high in number. We come across lot of instances and few of them are included here. At last article mentions few ways to prevent the violation of human rights.
Keywords: Human rights; women’s rights; Violence; Poverty; Education
Human rights are a set of principle concerned with equality and justice. Human rights are commonly considered as superior and cannot be detached. Human rights are regardless nation, location, caste, creed, sex, or any other status. They recognize our freedom to make choices about our lives and to develop our future as human beings. They are about living a free from fear, terror, harassment, inequality or discrimination.
Human rights can broadly be defined as several basic rights that people from around the world have agreed are essential. It connect us through a shared set of rights and responsibilities among each other.
Human Right Violation
All people are qualified for certain essential rights under any conditions. The people are entitled to such as freedom from torture, freedom of expression, and right to seek asylum. When those rights aren’t protected, they are violated.
The violation can be physically violent in nature, such as police brutality, while rights such as the right to a fair trial can also be violated, where no physical violence is involved.
Almost everyday there are chilling instances of violence, ethnic cleansing, heinous torture, child abuse, man slaughter and several other human rights violations. Despite the adoption of the Universal Declaration Human Rights provided for the rights of people, crimes continue to exit.
Types of human right violations
The state commits human rights violations either directly or indirectly. Violation can be performed either intentionally or come as a result of the state’s failure to prevent the violation. Civil and political rights, economic and cultural rights are some of the rights which can be violated through various means.
Civil and Political rights: The rights are violated through torture or unlawful enforcement. These violations often happen during times of war and conflicts. Human trafficking is currently one of the largest issues on a global scale as millions of men, women, and children are forced into labor and exploitation.
Economic, social and cultural rights: which includes right to health, the right adequate housing, right to work, freedom from hunger, the right to water, protection of an assistance to the family, right to participate in cultural life, right to educate etc.
Instances of Human Rights Violation Globally
Poverty as one instance:
Poverty is one instance which denies basic human rights that is food, shelter, clothing, education, healthcare etc. which is the basic necessities of life. Poverty erodes or nullifies economic and social rights.
The UNDP has followed the approach, stating that poverty is a denial human right. Poverty is an assault on human dignity. However, people living in poverty often lack the means to secure basic necessities. However human rights have no meaning to those who are living below the poverty line.
The fact remains that India has the largest population in the world where people go to bed without food, who have no clothes to wear and more number of beggars.
The Right to live:
Article 3 states that ‘‘everyone has the right to life, liberty and security of a person’’. These rights have been violated in almost every country since it came into existence. The Venezuela, Yemen, Turkey, Syria, Russia, Saudi Arabia and Myanmar are global hotspots for major human rights violations.
A week of fighting has left more than 200 people dead in Israel and the occupied territories, the vast majority of them Palestinians killed by Israeli airstrikes in the Gaza strip.
Denial of education The vicious circle of poverty denies to lakes of children the right to education despite it is a Fundamental Right. Across the world, millions of children and adolescents are absent from schools.
Attacks on education exist all over the world. In many regions, armed groups target schools, teachers and students. These attacks violate the rights of the students and it causes children to drop out. Some children are not in school due to conflict and displacement.
For example, Syrian children 2.1 million of whom do not go to school in Syria and nearly 1 million who live in neighboring countries as refugees.
Subjugation of women:
Women’s rights are human rights were first used at the UN World Conference on Human Rights in Vienna in 1993. We find that despite of Universal Declaration of Human rights declaration, but discrimination based on gender continues to exist.
Kinds of violence against women includes Domestic violence, Traditional practices, Dowry related violence, Rap, Sexual assault within marriage, Sexual Harassment, Prostitution and Trafficking, Violence against Women Migrant Workers, Pornography, Custodial violence against women.
In India nearly fifty percent of women’s are denied these rights. Sexual abuse and flesh trade are distressing the most.
Bias in laws:
The process pf law is biased against the victim is minor, the accused proves his innocence and if the victim is major, it is up to them to prove their charge. Indeed, the influence of biases on legal processes, such criminal sentencing and jury…… are influenced by the race and ethnicity of trial parties, including jurors, defendants and victims.
In rape cases, unless the women is examined medically within 24 hours, it becomes difficult forensically to prove rape has occurred.
State has a violator of human rights
Violation can either be intentionally performed by the state and or come as a result of the state failing to prevent the violations. The state engages in human rights violation through the various actors such as Police, Judges, Government, Prosecutors, Officials.
In another way violation can be failure by state to protect- occurs when there’s conflict between groups within a society.
Example US the state failed to protect Black American’s.
Few Major Human Right- Violation in India
Significant human rights issues included unlawful and arbitrary killings, punishment by some police and prison officials; restrictions on freedom of expression and the press, communal and ethnic violence. Despite government efforts to control violation, but it continues all the parts of Indian society.
Prevention of Human right violation
Human rights violations are the root causes of conflict and insecurity. Below are some ways to prevent violation of human right.
- Know your rights.
The one way to prevent the human rights is to have adequate knowledge of human rights. we know an investment in knowledge pays the best interests
2.Educate the Violators
When we educate a violator, it direct appeals to his or raw emotion and raising their dead conscience. This will lead to violator to know his or her mistakes and tries to respect other human rights.
- Never let go when you are violated
When our human rights are violated by someone, never let it go… write a letter to higher authorities, talk to media, complain to higher authority and seek redressal.
- Expose the culprits
When you expose the culprits of violation such individual tries to deny or correct the act. When such culprits are exposed, due to fear they commits less violation.
5.Protect the rights of others
Along with our rights, we must protect the rights of others. South African popular saying ‘‘UBUNTU’’ which means violation of one is the violation of all. When we see rights of others are violated, the better way we must inform to authorities and protect them further from that.
- Efforts to counter terrorism and prevent violence.
7.Protect and expand civic space
8.Supposrt and further develop the global constituency for human rights.
Violation of human rights any where in the world is a powerful threat to human rights all over the world. We are all God’s creation, so as much as possible avoid human rights violation. These rights are not optional. We know it occurs when any state or non-state actor breaches any part of international human rights or humanitarian law. We must respect human rights only than the peace can last.
I would conclude that no human should be without rights and there should be no excuse for human rights abuse whether in the name of security or in the name of liberation. Violence needs to stop. All of us men and women- need to speak up and teach our children that violence is never solution. The best place is to start with ourselves. We know we can’t stop violence but we could try to stop one act of evil, one act of violence.
Bhaswat Prakash, ‘Human Rights Violation’ (2021) 1(1) Legal service India, http://www.legal serviceindia.com accessed 3 June 2021.
Abdulrazaq O. Hamzat, ‘15 ways to prevent your Rights from violation’ (2014) 4 MC MODERN GHANA, http://www.mordernghana.com accessed 4 June 2021
Johns Hopkins, ‘Women’s Right as Human Rights from Violations’ (1990) Toward a revision of Human Rights, 12, JSTOR, pp466-498
Parneet Thakur, ‘2020 Country Reports on Human Rights Practices’ (March 30 2021) https://www.state.gov/reports/2020.com