Human Rights: is it relevant today?

“It was the best of times, it was the worst of times…it was the season of light, it was the season of darkness, it was the spring of hope, it was the winter of despair.”
― Charles Dickens, A Tale of Two Cities

The words of Dickens continue to ring true several centuries later, with events around the globe taking the turn for the worst and for the best alternatively. This is also true in the sphere of human rights. Whilst on one hand the grievances of historically vulnerable and marginalized communities are taking cognizance of and are being addressed, on the other hand, flagrant human rights violations and mass atrocities continue. The latter has been exacerbated with the spread of the COVID-19 pandemic.

Against this background, many question if human rights are relevant today, and if there is any point in continuing the human rights discourse in the face of blatant human rights violations.

Following the horrors of the holocaust and World War 2, the world came together to ensure that such mass atrocities are not repeated. This saw the birth of the Universal Declaration of Human Rights in 1945, which in its preamble succinctly states:

“Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world”

Human Rights are fundamental and inviolable and inherent to each human being as they are born into this world. In the face of increasing human rights violations, the importance and sanctity of human rights become all the more relevant. This is closely tied to the recognition of the basic human dignity of each individual, irrespective of their nationality, ethnicity, religion, language, sex, gender, or any other factor.

Many often think that human rights are confined to international bodies such as the United Nations or to laws and Courts of Justice. However, human rights are part of our day to day lives, with all of us exercising our rights in the most mundane day to day tasks. From expressing our ideas via a Facebook status or an Instagram post, to being engaged in an occupation of our choice, to getting together with friends or family in our homes or in a coffee house, we exercise a plethora of rights, such as freedom of expression, freedom of assembly, non-discrimination and many more.

However, despite human rights being interwoven intricately into our day to day lives, many in the world today, even at this moment, continue to be deprived of basic rights, such as freedom from torture, bodily integrity and the right to privacy. This dire situation has been worsened with increasing restrictions and regulations on human rights imposed by states and government across the world, in light of the current pandemic.

Whilst certain human rights, such as the freedom of thought, conscience and religion, and the freedom from torture are absolute rights, and cannot be restricted, there are other human rights, which subject to certain conditions, can be restricted.

For instance, while everyone has the freedom to move around and gather together with others, the current pandemic has resulted in governments across the world restricting this right, in the interest of stemming the spread of the pandemic and curbing loss of lives. Similarly, while everyone has the freedom of expression, to share their opinions and freely speak out their beliefs, this can be restricted, if that speech results in inciting violence or discrimination against any group of persons.

Yet, restrictions on human rights cannot be imposed as per the whims and fancies of the government. When human rights are being restricted, it is always important to ensure that such restrictions are put in place by way of a law, and that the restrictions are proportionate to the harm that they set out to prevent, that the restrictions are necessary, and are non-discriminatory when put into practice.

In the status quo, unfortunately, there are many instances where human rights are being blatantly violated and restricted in an arbitrary manner. For those who suffer such violation of human rights and for those who continue to champion for such rights, this situation can be discouraging and cause disillusionment. Many might even wonder if human rights are worth fighting for; if they are worth safeguarding? Some might suggest that focus should instead be on ensuring basic living conditions, developing the economy and building infrastructure. This, while important and integral for the progress of society, cannot replace human rights; for the flourishing of human society human rights are imperative.

The UN Secretary-General, in his report titled ‘In larger Freedom: towards development, security and human rights for all’, in 2005, summed this up succinctly, by stating:

“We will not enjoy development without security, we will not enjoy security without development, and we will not enjoy either without respect for human rights.”

At this juncture, we might ask ourselves, how some societies and countries seem to be thriving economically whilst holding a bad human rights record. In answering this question, it is important to discuss what entails development or prosperity? Is it merely numbers and bank balances? Or should development be considered holistically?

While development used to be measured in terms of infrastructure and the health of the economy, of late, it is given a more holistic meaning. It is in terms of this that the United Nations introduced the Sustainable Development Goals (SDGs) in 2015. The SDGs demonstrate that peace and prosperity for all people should go hand in hand. The 17 SDGs aim to address economic growth, poverty reduction etc. in tandem with ameliorating the standard of health and education and addressing issues such as climate change.

In the absence of such a holistic approach to development, and the continued disregard of human rights, the benefits of economic growth will not be reaped by all segments of the populations. While some will have access to the benefits of such development, and continue to thrive and progress, others will continue in poverty and deprivation.

Hence, looking only at a country’s economic growth percentages, or a country’s annual GDP, will fail to paint the true picture. Behind those numbers, many might continue to live in hunger and poverty, with no access to basic human rights. A country’s report on its development often fails to capture aspects such as income inequality, corruption, discriminatory access to public benefits, health and safety accidents and loss of lives in the course of largescale infrastructure projects and even the environmental impact of lucrative development projects. Thus, damage to a country’s most important resource — its human capital — might be masked by the country’s high economic performance.

For those who live in fear, for those who are oppressed, for those who are not treated equally just because of their race, religion, gender or any other factor, no amount of economic growth or development, will compensate for their loss of freedom. For instance, a group of persons who are subjected to discrimination or hatred because of what they look like, or what they believe in, those who are subjected to torture, or those who need to watch every word they utter and cannot freely share what they think or feel, will not feel compensated by the fact that their country’s economy is thriving.

Thus, despite the many challenges in achieving the full realization of human rights, and instances where for each step taken forward, several steps are taken back, it is important to keep in mind that human rights are a quintessential part of life and cannot and should not be replaced or forced to take a backseat over immediate economic gain or overall development.