2. An introduction to Human Rights

2.4. How do human rights work?

In working with human rights, we often speak about rights holders, or those who can claim rights or are entitled to rights; and duty-bearers, or those who have obligations to respect, protect, promote and fulfil human rights (see Box 1).  Duty-bearers are often governments but they can also be non-governmental entities or even other individuals. 

Box 1:  Duty-bearers, particularly governments, have the following responsibilities with regard to human rights:

Ø  Respect:  Governments must respect (i.e. not violate or deny) human rights.

Ø  Protect:  Governments must protect the human rights of citizens and all others within their national boundaries.

Ø  Promote:  Governments must take steps to promote human rights through civic education or through interventions to prevent lack of respect or violations of human rights.

Ø  Fulfil:  Governments must take steps to fulfill or 'make real' human rights for citizens and all other within their national boundaries.  It may take time for governments to fulfil human rights for everyone, but they must always be trying to reach this goal.

 

 

 

 

 

 

 

Human rights have both individual and collective aspects.  For every right there is a corresponding responsibility.  The rights of one person cannot be insisted on in a way that limits the dignity or equality of another, for example.  We have a collective responsibility to value and uphold the human rights of everyone, regardless of whatever differences we may have. Talk to the learner

 

Sometimes, human rights are violated meaning that they are not respected, protected, or fulfilled.  This can occur in situations of war or conflict, but also in more everyday circumstances such as when a police officer decides to punish someone by putting them in jail without giving any information about what crimes they have committed.  When these things occur, rights-holders are entitled to file complaints and seek remedies.  Complaints can be made through human rights commissions or the courts, for example.  The can also be made through regional or international bodies such as the African Commission on Human Rights or the Human Rights Council of the United Nations.  The remedy will depend on the seriousness of the violation that occurred.

 

Finally, in some cases human rights can be limited (but never denied or removed).  In situations of public emergency, like the COVID-19 pandemic, for example, societies will accept some limitations on human rights (freedom of movement, for example) for the achievement of a larger social good such as protection from epidemic disease.  However, these limitations will usually be temporary and only made when they are the last resort or there is no other way forward.  One of the purposes of the Constitution of Botswana is to define when such limitations can be imposed and what criteria must be met before the government, for example, can take such actions.