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Mohammad Mohabbai
The concept of human dignity, humanity, and human dignity refers to the honor, status, and inherent respect for humans, which has been a subject of great attention for religions, philosophers, and humanistic thinkers since ancient times. In fact, the history of human civilization is a testament to the efforts of prophets, philosophers, and humanists from the East and West to elevate the status and dignity of humans and defend their fundamental rights and freedoms. In the present era, the issue of human rights is still a significant topic. These rights, starting with the right to life which is the most natural right of humans, extend to spiritual rights that lead to human perfection and elevation, such as freedom of expression, freedom of the press, and freedom of thought. In the Universal Declaration of Human Rights, rights are mentioned that individuals benefit from simply because they are human. The foundation of these rights is the principle of equality, as all humans are equal in their human status. Therefore, it is not possible to
Human dignity and philosophy of human rights
The main essence of human rights is the protection of dignity and human worth. Every individual, regardless of gender, race, ethnicity, or religion, possesses equal human worth. The equal possession of human dignity and worth is a fundamental principle of human rights that cannot be compromised under any circumstances. Therefore, the source of equal and universal rights is equal and universal human worth, not based on gender, race, religion, or even dominant political ideologies. Therefore, the most important challenge of today’s world is the issue of paying attention to human rights and addressing the problems caused by their violation by governments. It can boldly be claimed that the present century is a period of focusing on this issue and establishing governments that can institutionalize human rights and guarantee their implementation domestically.
“Fundamentally, the right to life and human dignity is the basis and origin of human rights, which is supported by sociological and historical studies of human societies. These studies indicate that the connection, coherence, and unity of various human rights, such as the right to life, are so precise, mutual, and comprehensive that violating it in one area is equivalent to violating all of these rights, including political, social, economic, and cultural rights. Therefore, considering the increasing importance of these rights and acknowledging that international law discussions generally have a strong inclination towards the centrality of individuals in international affairs, and recently, there have been many efforts towards addressing human rights issues on a global scale, it is undeniable that addressing this issue is a necessity.”
Throughout history, reformers have strived to preserve the dignity of human beings.
Human rights and the promotion of individual and collective dignity of humans have always been a concern of humanity. In line with human dignity and rights, countless efforts have been made in the East and West to revive the lost rights of oppressed individuals, which have manifested in various forms. If Eastern thinkers have left valuable works on the nature of truth, the human spirit, and moral obligations of humans, Western scientists have also played an important role in the development of theories on the relationship between government and people. The history of human civilization is witness to the efforts of prophets, philosophers, and other humanists to elevate human rights and freedoms. The Code of Hammurabi, which was written three thousand years before Islam, took the initiative to regulate the rights of citizens and foreigners. Similarly, the Cyrus Cylinder contains explicit references to some of the principles now known as human rights, including freedom of belief and expression and the rights of minorities.
Most declarations and documents related to supporting fundamental human rights, although they have not been fully enforced and have faced many ups and downs, can be traced back to the late 18th century in the fundamental rights and other laws of Western hemisphere countries. These efforts have prevented inequality and injustice throughout human history and have compelled contemporary leaders to complete past actions, making these issues the most important topic of concern in international scales and global declarations. International organizations must follow up on these actions by establishing international rules and regulations to address this essential need.
International documents on human dignity and human rights.
Since 1948, when the Universal Declaration of Human Rights was adopted by the United Nations, numerous resolutions have been passed by member states of the organization. These include declarations, guidelines, statements, and others, which are not considered part of global treaties and are often not ratified by countries. The legal impact of these resolutions on human rights is not always clear, and they have been formed by the United Nations General Assembly.
In addition to statements, there are also less important declarations known as principles or guidelines. The desirable and influential outcomes of these statements, declarations, and guidelines are of interest to the United Nations General Assembly.
Governments, in practice, approach these rules in a selective and vigilant manner, with careful consideration and various examinations, and in many cases, based on international law, they impose certain conditions for themselves when approving and declaring. Some of these rules apply to all of humanity, while others apply to specific social groups (such as children, women, minorities, etc.). Some of these regulations, which apply to each group, are as follows:
Convention on the Rights of the Child 1959
European Convention on Human Rights of 1953
The American Convention on Human Rights of 1969
Convention on the Rights of Persons with Disabilities, 1975
The Convention on the Elimination of All Forms of Discrimination Against Women of 1979.
African Charter on Human and Peoples’ Rights of 1981.
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984
Convention on the Rights of the Child of 1989
European Social Charter of 1990
Islamic Declaration of Human Rights of 1990
The Law on Elimination of Violence Against Women, 1993.
Declaration Against Racism and Racial Discrimination 2001
Statement Regarding the Fear of Attack from Foreigners and Unbearable Issues in 2001
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Resolution 43/173 of the United Nations General Assembly adopted in 1988 to support the protection of all individuals against any form of detention or imprisonment.
The Declaration of the Rights of Persons Belonging to National, Racial, Religious and Linguistic Minorities, dated December 18, 1992.
The Law for Protection of Ethnic and Cultural Minorities in 1993.
Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women adopted in 1999.
These are among the steps that have been articulated in this field and in various legal declarations; although the failure of human rights organizations, which number more than 120 agencies, has led to major abnormalities at the global level today and has posed significant challenges for humanity, the approach and support of nations and governments can provide a suitable platform for transformation. Therefore, there must be a movement beyond the affirmation of concepts and principles, and the transformation of human rights into a living reality for all, by all nations.
The scope of human dignity and human rights measures
a) Legal Inclusivity of Standards:
In general, human rights and freedoms can be divided into three categories from an executive perspective. The first category includes declarations and statements of international organizations that do not have legal obligations, and even if governments implement them, it is due to observance of international courtesy or temporary expediency. However, the second category includes fundamental and essential rights that must be universally respected and their violation is not permissible, and their existing rules have been recognized by the international community as non-derogable rules (Article 53 of the 1969 Treaty). Violation of these rights can lead to reactions from global human rights organizations, even the Security Council, as the final stage. The third category, despite being obligatory at the level of rules, is not mandatory; therefore, human rights are superior to other types of human rights.
b) Geographical Scope of Comparisons:
Human rights standards can be divided into two categories from a geographical perspective. The first category is international standards, which are established through global bodies such as the United Nations or other international organizations, or global conferences. Declarations and statements from international bodies mostly fall into this category, such as the International Covenant on Civil and Political Rights. The second category, however, is regional standards, which are developed in accordance with the global human rights movement in different regions of the world, taking into account the specific situation of each region. Examples of this category include the European Convention on Human Rights and the American Convention on Human Rights.
c) Scope of Executive Measures:
Human rights treaties, some of which are binding and others merely declarative, have general and specific coverage in terms of their implementation. Universal standards are those that encompass all individuals and groups, disregarding specific groups and focusing on the rights of all individuals regardless of incidental characteristics such as gender, religion, nationality, race, etc. Most of these standards fall under this category. Specific standards, on the other hand, do not include all individuals and groups, and their goal is to protect a specific social group such as women, children, people with disabilities, workers, migrants, prisoners, war victims, or racial, ethnic, or religious minorities. Examples of such standards include the International Convention on the Rights of the Child and the International Convention on the Political Rights of Women.
Last word
Human rights and protection and preservation of human dignity are considered one of the most important concerns of societies yesterday and today and are desirable and preferred. In fact, the existence of mass killings, racial discrimination, poverty, human trafficking, etc. indicate that human societies are always at risk of violating fundamental human rights and safeguarding human dignity requires practical mechanisms to achieve common human ideals such as peace, security, elimination of discrimination and respect for human dignity.
In the current era, the development of human rights – which undoubtedly was a truly idealistic step for humanity and through which values such as human dignity, justice, freedom, equality, etc. were recognized at a global level for humans, despite being devoid of flaws and criticism -, is commendable and praiseworthy. In this regard, it seems that the problem is not in the weakness of the principles of the Universal Declaration of Human Rights; rather, the problem lies in the lack of a decisive and effective solution for its implementation. The rights that are placed under the title of “human rights” are natural and inherent rights, not necessarily subjective. Natural human rights do not mean anything other than that their observance will make human life more humane and rational, and will bring more security, well-being, prosperity, and flourishing for humans. These rational goals are the result of the long and historical experience of humanity and are accepted by the general public.
In the Universal Declaration of Human Rights, the meaning of “human” refers to a being whose nature and essence surpasses religion, race, skin color, and the like. This means that a human is first and foremost a human, and then chooses their religion, customs, beliefs, thoughts, and way of life. Therefore, the ultimate principle of human rights is the inherent dignity of every human being.
Sources:
Philosopher, Hedayatollah, The Place of Human in Contemporary International Law, Legal Research Journal, Issue 35-36, Shahid Beheshti University Press.
Qari Sayyed Fatemi, Sayyed Mohammad, The Ethical Justifications of Contemporary Human Rights, Legal Research Journal, Issue 35-36, Shahid Beheshti University Press.
Amir Arjmand, Ardeshir, the ambitious global leader: Reflections on human rights, Legal Research Journal, Issue 21-22, Shahid Beheshti University Press.
Philosophy, Guidance of God, United Nations and Human Ideal, Legal Research Journal, Issue 18, Shahid Beheshti University Press.
Zou Al-Ayn, Nader, Supporting Minority Rights in International Law, Legal Research Journal, Issue 15, Shahid Beheshti University Press.
San Jose, Amparo, The Responsibility of Governments for Violations of Human Rights, Translated by Dr. Ebrahim Bigzadeh, Legal Research Journal, Issue 29-30.
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