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What are Human Rights? How to file a Human Rights complaint?Distinction between Human Rights and Fundamental Rights:-

Definition of Human Rights:

Human: A member of the Homo sapiens, a man, woman or child; a person

Rights: Things to which you are entitled or allowed; freedoms that are guaranteed.

Human Rights: The rights that you have simply because you are a human (1).

In short Human Rights are the rights that a person has simply because he or she is a human being.

Many eminent persons have stated the importance of human rights through their statements.

For eg:

President Nyerere, of United Republic of Tanzania, remarked, “We shall try to use the Universal Declaration of Human Rights as a basis for both our external and internal policies.”

Nelson Mandela said, “It is an ideal hope to live for and achieve, but it is an ideal for which I am prepared to die”.

Negros Oriental Jose announced, “No cause is more worthy than the cause of human rights” and “They are what make man and woman human.”

His Holiness the XIV Dalai Lama of Tibet reminded human rights workers that “the protection of these rights and freedoms are of immense importance, both for the individuals affected and for the development of the society as a whole.”

Kinds of Human Rights:

There are two main kinds of Human Rights:

1. Economic, Social and Cultural Rights


2. Civil and Political Rights

Human rights are Universal i.e. they are given to all persons irrespective of their place of birth, language, caste , creed, religion or race etc.,

The Human Rights are Inalienable i.e. no person can be deprived of their human rights and
The Human Rights are indivisible i.e. you can divide few human rights as more important than other human rights which signifies that all human rights are given equal status and protection by law.

The Human rights as given to us is very important as it empower individuals and promotes justice and well being.

Guidelines on how to file complaint with the NHRC

1. Complaint may be made to the Commission by the victim or by any other person on his behehehhalf.

2. Complaint should be in writing, either in Bangla or English or in any other Language included in the eighth schedule of the Constitution. Only one set of complaint needs to be submitted to the Commission.

3. Complaint may be sent either by Post or Fax or even by email.

4. No fee is chargeable on such complaints.

5. The complaint shall disclose

i) Violation of human rights or abetment thereof or;

(ii) Negligence in the prevention of such violations, by a public servant.

6. The jurisdiction of the Commission is restricted to the violation of human rights alleged to have been committed within one year of the receipt of complaint by the Commission.

7. Documents, if any enclosed in support of the allegations in the complaint must be legible.

8. Name of the victim, his/ her age, sex, religion/ caste and District to which the incident relates, incident date etc. should invariably be mentioned in the complaint.

9. Please submit the complaint preferably in the format which is made available on the website of Human Rights Commissions which can be different for different area’s.

10. Following types of Complaint(s) are not ordinarily entertainable:

i. Illegible

ii. Vague, anonymous or pseudonymous;

iii. Trivial or frivolous in nature;

iv. The matters which are pending before a State Human Rights Commission or any other Commission;

v. Any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed;

vi. Allegation is not against any public servant;

vii. The issue raised relates to civil dispute, such property rights, contractual Obligations, etc;

viii. The issue raised relates to service matters;

ix. The issue raised relates to labour/industrial disputes;

x. Allegations do not make out any specific violation of human rights;

xi. The matter is sub-judice before a Court/ Tribunal;

xii. The matter is covered by judicial verdict/decision of the Commission.

11. As far as possible complainants are encouraged to make use of the format given in website of human rights commissions to file their complaints. The guidelines indicate the kind of information, which would facilitate in processing a complaint (2).

Conclusion: Human Rights have become indispensable and we should all strive to promote and protect our human rights.

References:

1. Bringing Human Rights to Life by United for Human Rights

2. http://www.nhrc.com

Distinction between Human Rights and Fundamental Rights

Firstly, all fundamental rights are human rights but all human rights are not fundamental rights;

Fundamental rights are those of human rights which are placed in a written constitution.

Human rights are therefore, are the whole of which fundamental rights are a Part.

Secondly, the sources of a fundamental right are the constitution whereas the source of human rights is the international law.

Thirdly, fundamental rights have territorial limitations i.e. they have no application as fundamental rights outside the territory of a particular state.

But human rights have no territorial limitations; they have universal application.

Fourthly, fundamental rights are protected by constitutional guarantees and can be enforced through State mechanisms;

But there is no effective enforcement machinery for human rights.

Fifthly, fundamental rights are largely applicable to the citizens while human rights are universally applicable to all human being.

It is pertinent to mention that human rights are sometimes used as fundamental human rights or human rights and fundamental freedoms but the terms are not properly defined anywhere. For academic interest we can consider fundamental human rights or human rights and fundamental freedoms as those rights which are most essential for a human being.

In our constitution Article-11 states that the Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed (and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured).

Posted from
Shoaib Rahman
LL.M. Advocate

(লেখাটি স্বত্ব সংরক্ষিত, অন্যত্র কপি/নকল বারিত।তবে স্বত্ব উল্লেখপূর্বক হুবহু প্রিন্ট অথবা শেয়ার করতে বাধা নেই।)

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