I. >> H
uman Rights and Indicators: Rationale and Some Concerns
>> What are human rights?
A. What are human rights?
Human rights are universal legal guarantees protecting individuals and groups against actions and
omissions that interfere with fundamental freedoms,
entitlements and human dignity.2 Human rights are
inherent in all human beings and are founded on
respect for the dignity and worth of each person.
They stem from cherished human values that are
common to all cultures and civilizations. Human
rights have been enshrined in the Universal Declaration of Human Rights and codified in a series of international human rights treaties ratified by States and
other instruments adopted after the Second World
War. There are also regional human rights instruments, and most States have adopted constitutions
and other laws that formally protect basic human
rights and freedoms. While international treaties and
customary law, together with interpretive practice by
treaty organs, form the backbone of international
human rights law, other non-binding instruments such
as declarations, guidelines and principles adopted
at the international level contribute to its understanding, implementation and development.
1
Human rights characteristics
Human rights are universal, inalienable, interrelated,
interdependent and indivisible. Taken together, these
characteristics, briefly outlined in figure III, ensure
that all human rights are to be realized, whether
they are civil and political rights (e.g., the right to
participate in public affairs, freedom from torture
and arbitrary detention), economic, social and cultural rights (e.g., the rights to food, social security
and education) or collective rights (e.g., the right to
development, the rights of indigenous peoples), for
all people and at all times, except in specific situations of derogation and according to due process.
The level of enjoyment of one right is dependent on
the realization of other rights. For instance, the rights
to vote and participate in public affairs may be of
little importance to someone who has nothing to eat.
Furthermore, their meaningful enjoyment is dependent, for instance, on the realization of the right to
education. Similarly, improvement in the enjoyment
of any human right cannot be at the expense of the
enjoyment of any other right. Thus, the realization of
civil rights is as important as the realization of economic rights.
2
Human rights obligations
The underlying feature of human rights is the identification of rights holders, who, by virtue of being
human, have a claim to certain entitlements, and
duty bearers, who are legally bound to respect,
protect and fulfil 3 the entitlements associated with
those claims (box 2). In invoking rights, it is important not only to identify the elements that are
considered to be entitlements, but also to specify
the agents that have the duty to bring about the
enjoyment of those entitlements.4 Thus, there are
rights of individuals and group(s) and there are correlated obligations, primarily for States—individually
and collectively. Human rights law obliges the State
and other duty bearers not to infringe on or compromise the fundamental freedoms and rights of people,
and to take action to realize them.
A distinction is made in international human rights law
between a State’s immediate obligations and those
2.
Frequently Asked Questions on a Human Rights-based Approach to Development Cooperation (United Nations publication, Sales
No. E.06.XIV.10), p. 1.
3. In the human rights literature, these are referred to in the Maastricht Guidelines, which define the scope of State obligations in
relation to economic, social and cultural rights, but are equally relevant to civil and political rights. See Maastricht Guidelines on
Violations of Economic, Social and Cultural Rights (Maastricht, Netherlands, 22–26 January 1997).
4. Amartya Sen, Development as Freedom (Oxford, Oxford University Press, 1999), pp. 227–248.
10 Human Rights Indicators