What rights and freedoms do individuals have in society?
Right to Life
The right to life is one of the most well known human rights, enshrined in the Universal Declaration of Human Rights and other human rights instruments. However, the right to life is a contentious right that is absolute (meaning that it cannot be infringed) in some countries and qualified (meaning that it can be infringed in certain circumstances, for example in the application of the death penalty) in others.
International human rights law seeks to limit the use of the death penalty, with the Second Optional Protocol to the ICCPR aiming at its eventual abolition. And yet some countries maintain that the threat of the death pentalty is a proprotionate deterrence to crime.
Euthanasia is another issue that complicates the right to life. Proponents argue that individuals should have the autonomy to decide when and how they die, while opponents maintain that legalizing euthanasia could undermine the sanctity of life. In both cases, the balance between individual autonomy and the protection of life as a human right must be carefully considered.
Prohibition of Torture
The prohibition of torture and inhuman or degrading treatment is a human right enshrined in its own convention, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The CAT requires states to take effective measures to prevent torture and criminalize it under domestic law, and prohibits the extradition or return of individuals to countries where they may be at risk of torture.
Unfortunately, torture continues to occur, in spite of the clear prohibition in international law. Over the past five years, Amnesty International has reported torture in 141 countries worldwide.
Factors contributing to its persistence include weak legal frameworks, a lack of accountability, and the use of torture as a tool for obtaining information or confessions. To address this challenge, states must strengthen their domestic legal frameworks, ensure accountability for perpetrators, and provide redress and rehabilitation for victims. International cooperation and monitoring are also essential in the global effort to eradicate torture and inhuman treatment.
Right to Liberty and Security
The right to liberty and security prohibits arbitrary detention, which is the deprivation of an individual’s liberty without legal basis or due process. Habeas corpus is a judicial remedy that allows individuals to challenge the legality of their detention before a court, ensuring that their detention is subject to judicial oversight.
UK Prime Minister Tony Blair was defeated in the House of Commons in 2005 over a Bill that would have allowed police to detain terror suspects for up to 90 days without charge. Many MPs saw this as an unnecessary infringement of those individual’s right to liberty.
The right to liberty and security is not absolute, and certain limitations may be imposed in specific circumstances. However, any restrictions on this right must be prescribed by law, necessary, and proportionate to the legitimate aim pursued. .
Right to a Fair Trial
The right to a fair trial includes the right to a hearing within a reasonable time, the right to an independent and impartial judge or jury, and the right to a public hearing. Justice is administered fairly when an individual’s right to a fair trial is respected.
Judicial independence and impartiality are important to ensure that trials are conducted fairly and without bias. Security of tenure, transparent judicial appointment processes, and codes of conduct further safeguard judicial independence.
The impact on the proper administration of justice was one of the lesser reported on consequences of Covid-19. Pandemic measures choked court systems and caused horrendous human rights abuses as defendants festered in overcrowded prisons and justice was improperly served. In Indonesia, almost 100 inmates were sentenced to death via Zoom.
Right to Privacy
The right to privacy is perhaps a lesser-known right protected in the UDHR and other human rights instruments. In recent years, the right to privacy has faced new challenges with the rapid advancement of technology. Cases of mass state surveillance, such as those conducted by the US National Security Agency (NSA), have raised concerns about the erosion of privacy rights in the name of national security. The indiscriminate collection of personal data, often without the knowledge or consent of individuals, has been criticized as a violation of the right to privacy and a threat to democratic values.
The European Union’s General Data Protection Regulation (GDPR) is a landmark piece of legislation that seeks to protect individuals’ right to privacy in the digital age.
Balancing the right to privacy with the legitimate interests of states in ensuring security and combating crime is a complex and ongoing challenge.
Freedom of Expression
The protection of an individual’s freedom of expression is most often discussed in the context of the right to a freedom of speech. An uncontroversial limb of the right is the need for a free press, which provides citizens with vital information in order to make informed decisions. Freedom of speech is essential for the functioning of a democratic society, enabling open debate and the free exchange of ideas.
And yet freedom of expression is not an absolute right and certain limitations are imposed to protect the rights and reputations of others. For example, an individual is not able to publicly declare incorrect information about an individual if it damages that individual’s character. Further, to protect an individual right to privacy, another individual’s freedom of speech must be limited.
Striking the right balance between protecting freedom of expression and preventing harm is a complex and ongoing challenge, especially in the social media age. The debate as to whether all individuals, regardless of the beliefs they hold, should be allowed public accounts on Twitter, YouTube, or other social media sites, is far from settled.
Freedom of Religion
Freedom of religion encompasses the freedom to hold and practice religious beliefs, as well as the freedom not to hold such beliefs. This right includes the freedom to worship, observe, and teach religious beliefs, both individually and in community with others, as well as to establish and maintain places of worship and observe religious customs and rituals.
The freedom not to hold religious beliefs is equally important, protecting the rights of atheists, agnostics, and those who choose to change their religion or belief. However, freedom of religion is not an absolute right, and certain limitations may be imposed to protect the rights and freedoms of others, as well as to maintain public order and safety. These restrictions must be prescribed by law, necessary, and proportionate to the legitimate aim pursued.
Freedom of religion is made more difficult by the rise of theocratic autocracy. When political decision making is inextricably entrined with a religious conviction, deviations from that religion challenge the ruler’s political mandate. Often, religious freedom is crushed in order to protect the ruling party or decision makers.
Right to Vote and Participate in Government
The right to vote and participate in government is human right and a core principle of democratic society. The Women’s Suffrage Movement is a notable example of the struggle for this right, which was a significant milestone in the advancement of democratic rights and gender equality. In addition to the right to vote, the right to participate in government also encompasses the right to stand for public office, the right to access public service, and the right to participate in the conduct of public affairs.
States must ensure that their electoral systems are transparent, inclusive, and accountable, providing all citizens with the opportunity to exercise their right to vote and participate in government. Furthermore, states must promote the full and equal participation of all individuals, regardless of their gender, race, or other protected characteristics, in the political process.
The political and social consequence of a lack of public trust in voting and electoral systems was seen in the storming of the US Capitol in the aftermath of the 2020 US Presidential Election.
Prohibition of Discrimination
The principle of non-discrimination ensures that all individuals are treated equally and without prejudice. Discrimination can occur on various grounds, such as race, color, sex, language, gender, religion, or political. Discrimination can also be more subtle, for example social class or marriage status. To combat discrimination, states must adopt comprehensive legal frameworks that prohibit discrimination in all areas of life, including employment, education, housing, and access to public services.
In addition to legal measures, states must also take proactive steps to promote equality and combat prejudice and stereotypes that perpetuate discrimination. This may include public education campaigns, affirmative action policies, and the promotion of diversity and inclusion in all aspects of society.
