The respect of human rights is a central feature of a constitutional democracy. Human rights protect people from the actions of those who exercise power over them and helps to create a world in which a person could reach his full potential as a human being. We are entitled to have our human rights protected and promoted simply because human beings deserve to be treated with dignity and respect. This means that human status whether its nationality place of residence, color, sex, Ethnic color, religion or any other status humans are all entitled to fundamental human rights. Democracy insures that no one is subjected to violating human dignity and rights.
They are, however, considered to be fundamental, and should be protected by states or governing bodies. Of the fundamental rights, in UDHR, is the right of free expression , granted to all members of the human community. They are the subject of article 19-2 of UDHR and article 19-2 of ICCPR. Although UDHR is not legally binding, it has become the basis of international customary human law , and is referred to as such. The declaration itself called for further conventions to be developed.
It brings about the fact that human rights is a conception of what rights one has by virtue of being born human. The philosophers discussed about freedom of a human being. They introduced aspects of human rights that are still used today in modern day life. They brought about issues of liberty, equality and the fact that all human beings are under the law and no one is above the law. Moral theories help to bring about control of the people who will promote and abide by the law.
The essence of non-discrimination is incorporated under Article 14 of the constitution. The argument articulated under the concept of rule of law is that “no one is above law and every one should be treated equally”. It is India’s constitutional obligation to protect the right to life of people including non-citizens. The right to life guaranteed under Article 21 of the Indian constitution has different shapes which includes right to live with human dignity. In other words, the soul of Article 21 bestows on the point that the quality of life is more important than the life itself.
(pg 9) This government would ensure that one’s freedom could not impinge upon that of another’s. By using reason to secures freedoms, Locke is essentially saying look inward to yourself, using your own reason as a citizen to give the authority to the government, seen in “Men being, as has been said, by nature, all free, equal, and independent, no one can be put out of this estate, and subjected to the political power of another, without his own consent.” This gave a new power to the freedom individual, stressing not only that we are free to
There are also many sections in the Constitution that are concerned with the inherent right to human dignity. Firstly, section 1 of the Constitution which states South Africa is a republic based on values such as human dignity. Secondly, section 7(1) of the Constitution that states that human dignity is one of the democratic values enshrined in the Bill of Rights. Thirdly, section 10 of the Constitution which states that everyone has an inherent right to human dignity which must be respected and protected. Fourth, section 12(1)(e) of the Constitution that states that no-one is to be treated in a which could be seen as cruel, inhuman or degrading and section12(2)(b) of the Constitution
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others”.   Almost all countries recognize a right of privacy clearly in their constitution; these provisions include rights of inviolability of the home and secrecy of communications. Most recently written constitutions like South
These theories are a part of Natural Law, and freedom of speech and expression also serves as basic law to every citizen of society. Restrictions on Freedom of Speech and Expression Article 19 (1) (a) protects Right to freedom of speech and expression which are available against the state only. The freedoms guaranteed in article 19 (1) (a) are not absolute or exhaustive which means there are some reasonable restrictions for the public good. The reasonable restrictions are provided in article 19 (2) has certain restrictions as it does not protects violent and provoking words that can lead to fight, abusive language, inciting or provoking a person to commit henious crime, Defamation, violence and destruction among public order and security of state, contempt of court and harm to friendly relations with foreign states and much more. This Freedom
Salmond defined a legal right as an interest protected and recognised by a rule of justice , further emphasising on the fact that ‘there can be no right without a corresponding duty’ . The Vishakha judgment talks about violation of art 14, 15, 19 and 21 of the Indian Constitution which confer to all Indians inalienable fundamental rights in the form of right to equality, prohibition of discrimination on grounds of sex, rights to freedom and right to life respectively; which cannot be taken away even by legislation. When an individual owns any of these rights, there originates a corresponding duty in others to allow the enjoyment of such rights and abstain from causing restrictions to the same, whereby, rights of one imply an absence of liberty in another to hamper the enjoyment of such rights . Sexual harassment of a woman at her workplace clearly indicates gender discrimination, thereby violation of art 14 of the Constitution. Furthermore, art 15 which guarantees no discrimination on the basis of sex also gets violated in the same light.