Constitutional Law What Are The Human Rights and Entitlements

What Are The Human Rights and Entitlements

What Are The Human Rights and Entitlements

Human rights are the basic rights and freedoms that are entitled to every person, regardless of their nationality, race, gender, or any other factor. These rights are essential for the protection and well-being of individuals and are recognized and protected by the law.

The concept of human rights dates back to ancient civilizations, where people were entitled to certain rights and protections. However, the modern concept of human rights emerged after the atrocities committed during World War II. The Universal Declaration of Human Rights was adopted by the United Nations in 1948, and it outlines the fundamental human rights that should be protected by every country.

There are several categories of human rights, including civil and political rights, such as the right to freedom of speech, religion, and assembly, and the right to participate in government. There are also economic, social, and cultural rights, such as the right to education, healthcare, and adequate standard of living.

While many countries have laws and provisions protecting human rights, violations still occur frequently around the world. These violations can take many forms, such as discrimination, torture, and arbitrary detention.

One of the most significant human rights issues today is the refugee crisis. Millions of people are forced to flee their homes due to war, persecution, and violence, and many are denied their basic human rights. This crisis highlights the importance of protecting and upholding human rights, no matter the circumstances.

Another important aspect of human rights is their universality. Despite cultural differences and varying moral beliefs, human rights apply to all individuals, regardless of their background. They are not up for negotiation or debate, and every person deserves to have them respected and protected.

In conclusion, human rights are an essential foundation for a just and peaceful society. They ensure that individuals have the freedom to live their lives without undue interference or fear of discrimination or persecution. Upholding human rights is not only a moral obligation but also a legal responsibility of every government and individual.


A basic concern of the practice of a constitution is the protection of what we would now term human rights, which at another point in human history were referred to as natural rights. In a more neutral sense, a typical constitution might be understood as providing a codified structure for the functions and operation of government. In placing government operations on a regular basis, however, the state’s relations with its citizens are also normalized, which generally tends toward the end of assuring the liberties and privileges associated with human rights.

In Constitutional law, the abuse or other impermissible use of power by the authorities comes under the heading of the Latin phrase, or “beyond the powers” This provision allows for the violation of human rights by such people to be prosecuted, and does so not in explicit citation of the humanitarian reasons for doing so, but in the procedural terms of such people going beyond their allowable limits. When members of a government go beyond the powers granted to them in their constitution or by statutes of law, then they can be considered “ultra vires”.

Similarly, lawful acts which are nonetheless offensive toward human rights or in some other undesirable way can generally be addressed by a constitution. In most systems of constitutional law, the constitution is understood as the basis for law and thus takes precedence over statutes. Statutes which are found in violation of the applicable constitution can generally be declared null and void ab initio, or “from the creation”.

Human rights are guaranteed in the United States Constitution primarily through the avenue of the Bill of Rights, the collective name for the first ten Amendments made to the Constitution, the passage of which was, it should be noted, an informal requirement for ratification of the document to be effected. Prior to the formation of modern instruments for the enforcement of human rights, the concept first arrived into European intellectual currents under the heading of natural rights. Up to that time, European thought had been dominated by the precepts of classical philosophy and strictures of Christian theology.

A newly scientific and objective mode of thought led to the conception of the original state of humans as being one in which they could freely exercise innate behaviors and actions. This idea allowed for the modern basis of Constitutional law, as seen in the United States, in which the formulation of the United States Constitution was conceived in terms of securing to the country’s citizens the rights which it was assumed they would freely use if not for the restraints of society.

European thinkers arrived at the idea of natural rights partly through observation of indigenous and tribal peoples elsewhere in the world, whose societies were often assumed to be less restricted than those of Europe. Modern human rights theory avoids such generalizations about early human society, but proceeds to the similar conclusion that certain rights are innately due to all people.