Relationship between Human Rights and Social Justice

 

Social Justice is a concept of fair and just relations between the individual and society as measured by the distribution of wealth, opportunities for personal activity and social privileges whereas human rights are the basic rights and ideas that everyone should have rights. The relationship between social justice and human rights can be explained through these points:

a.      Promotion of Equality

Social justice and human rights have a shared goal .ie. human dignity and equality for all. The issues that make social justice difficult to achieve such as poverty, exclusion and discrimination are in direct contradiction with human rights which apply to all individual indiscriminately. Human rights can help to fight indignity. For eg: Right to health should be secured for all as a part of respecting human dignity.

b.     Anti-Discrimination

Both Social justice and human rights doesn’t exist in those places where there is discrimination. Bothe social justice and human rights are anti-discrimination. Both argues that no one should be discriminated and deprived from provision irrespective of caste, gender, religion, race and other man made or biological constructions.

c.      Welfare Systems

Human Rights and Social Justice argues for the welfare of the humanity. Human rights argues that everyone should be treated equally and must have the provision like everyone. Social justice also argues that everyone should have provision of food, shelter, clothes and other provision. Social justice also argues that the benefits of the development must be reached to everyone.

d.     Participation

Both human rights and social justice talks about the participation. Human rights calls for the participation from the right to work whereas social justice calls for the participation from every class of society in order to make the better society.

e.      Government’s Accountability

Both human rights and social justice calls for the government’s accountability to make a better society. Human rights call for the government’s action to implement and protect human rights of every people whereas social justice calls the government’s for protecting and providing provision to every class of the society.

 

Human rights and social justice are inter-related to each other. They not only share some common points but they also can’t exist in the absence of another. In the absence of human rights, there will be discrimination, increase in crime and tyranny, in this case the social justice can’t exist. In the absence of social justice, the existence of human rights is a complete waste.

Political Rights

It refers to an individual's ability to participate in the

civil and political life of the society and state without any discrimination and is tied closely to citizenship status. These are the rights that are exercised in the formation and administration of a
government given to the citizen by the constitution for administration and political participation.

Some Examples of Political Rights:

1. Right to vote
2. Right to get elected
3. Right to hold public offices
4. Right to petition
5. Right to form political parties
6. Right to criticize
7. Right to oppose the government 

Articles of ICESCR

1. Right to Self-Determination.
2
. Equality of Rights and Protection of Rights
3.Equality of Rights between men and women.
4. Limitations of economic, social and cultural rights in time of public emergency
5. No person has the right to destroy Rights
6. Right to work.
7. Right to enjoyment of just and favorable conditions of work.
8. Right to form trade Unions
9. Right to social security including social insurance.
10. Protection and assistance of the family.
11. Right to an adequate standard of living.
12. Right to enjoyment of highest attainable standard of physical and mental health.
13. &14. Right to education and provision of compulsory education.

15. Right to cultural life , scientific research and creative activities

Articles of UDHR

Article 1: Right to Equality
Article 2: Freedom from Discrimination
Article 3:
Right to Life, Liberty and Personal Securtiy
Article 4: Freedom from Slavery
Article 5: Freedom from Torture or Degrading Treatment
Article 6: Right to be recognized as a person before the law.
Article 7: Right to equality before the law.
Article 8:Right to remedy be competent tribunal
Article 9: Right to freedom from arbitrary detention
Article 10: Right to fair public hearing
Article 11: Right to be considered innocent until proven guilty
Article 12: Freedom from interference with privacy, family home and correspondence
Article 13: Right to free movement in and out of the country.
Article 14: Right to asylum in other countries from persecution
Article 15: Right to nationality and freedom to change it
Article 16: Right to marriage and family
Article 17: Right to own property
Article 18: Freedom of religion and belief
Article 19: Freedom of opinion and information
Article 20: Right to peaceful assembly and association
Article 21: Right to participate in government and free elections
Article 22: Right to social security
Article 23: Right to desirable work and join trade unions
Article 24: Right to rest and leisure
Article 25: Right to adequate standard of living
Article 26: Right to education
Article 27: Right to participate in cultural life and community
Article 28: Right to social order assuring human rights
Article 29: Community duties essential to free and full development

Article 30: Freedom from State and personal interference from the above rights

Articles of ICCPCR

1. Right to Self-Determination.
2.
Equality of Rights and Protection of Rights
3.Equality of Rights between men and women.
4. Limitations of economic, social and cultural rights in time of public emergency
5. No person has the right to destroy Rights
6. Right to life
7. Freedom from torture or cruel, inhumane or degrading treatment or punishment.
8. Freedom from slavery,slave trade or forced labor.
9. Right to liberty and security of the person.
10. Right of detained person to humane treatment.
11. Right to freedom from imprisonment for inability to fulfill a contractual obligation.
12. Right to freedom of movement and choice of residence.
13. Right of aliens to due process when expelled.
14. Right to equality before the law.
15. Right to visa-vis no crime without law.
16. Right to recognized as a person.
17. Right to privacy.
18. Right to freedom of though and expression.
19. Right to hold and express opinions without interference.
20. Propaganda for war shall be prohibited by the law.
21. Right to peaceful assembly.
22. Right to freedom of association.
23. Right of men and women to marry.
24. Right of the child to be treated as a part of the family,society and state.
25. Right and opportunity of every citizen to take part in public affairs directly or through his representative.
26. Right to equality before the law.

27. Right of minorities to enjoy their culture, religion,etc.

Civil Rights

These are the rights that every person should have regardless of his or her sex, race or religion. These are the rights of personal liberty guaranteed to the citizen of any country by the constitutions of that
country. These rights are an expensive and significant set of rights that are designed to protect individuals from unfair treatment. These rights are the rights of individuals which help them to receive equal treatment in a number of settings like-education, employment,housing, etc
Some Civil Rights are:
1.Right to life
2. Freedom from torture or cruel, inhumane or degrading treatment or punishment.
3.Freedom from slavery,slave trade or forced labor.
4.Right to liberty and security of the person.
5.Right of detained person to humane treatment.
6.Right to freedom from imprisonment for inability to fulfill a contractual obligation.
7.Right to freedom of movement and choice of residence.
8.Right of aliens to due process when expelled.
9.Right to equality before the law.
10.Right to visa-vis no crime without law.
11.Right to recognized as a person.
12.Right to privacy.
13.Right to freedom of though and expression.
14.Right to hold and express opinions without interference.
15.Right to peaceful assembly.
16. Right to freedom of association.
17.Right of men and women to marry.
18.Right of the child to be treated as a part of the family,society and state.
12.Right and opportunity of every citizen to take part in public affairs directly or through his representative.

13.Right to equality before the law.

Child Right

Child rights are the human rights of children with particular attention to the rights of the special protection and care afforded to the young including their right to association with both biological
parents, human identity as well as the basic needs for food, universal state-paid education, health care and criminal laws appropriate for the age and development of the children.
Classifications:
United Nations Educational Guides for children has classified the rights outlined in the CRC as the "3Ps":

1. Provision: Children have the right to an adequate standard of living, health care, education and services and to play and recreation. These include a balanced diet, a warm bed to sleep and access to schooling.
2. Protection: Children have the right to protection from abuse, neglect exploitation and discrimination. This includes the right to safe places for children to play constructive child rearing behaviour and acknowledgment of the evolving capacities of children.
3. Participation: Children have the right to participate in communites and have programs and services for themselves. This includes children's involvement in libraries and community programs, youth voice activities and involving children as decision makers.

Importance of Children Rights:

1. It considers children as individuals
2. It focuses on children to start their life as dependent beings on their parents or someone.
3. It focuses on government to take appropriate policies and actions for the children.
4. It focuses that children's views should be heard and considered in the political process.
5. It stresses on the healthy development of children.

Economic, Social and Cultural Rights

These are the freedoms, privileges and entitlements that individual and communities require to live a
life of dignity. These right include the right to food, housing, health, education, cultural identity and many more
Some examples of these rights are:
1. Right to work.
2.Right to enjoyment of just and favorable conditions of work.
3.Right to form trade Unions
4.Right to social security including social insurance.
5.Protection and assistance of the family.
6.Right to an adequate standard of living.
7.Right to enjoyment of highest attainable standard of physical and mental health.
8.Right to education and provision of compulsory education.
9.Right to cultural life , scientific research and creative activities

 10.Right to dispose income

Fundamental Rights Guaranteed by the Constitution of Nepal 2072

1. Right to live with dignity (Article 16)
2. Right to freedom (17)
3. Right to equality (18)
4. Right to communication (19)
5. Right to justice (20)
6. Right of a victim of a crime (21)
7. Right against torment (22)
8. Right against preventive detention (23)
9. Right against untouchability and discrimination (24)
10. Right to property (25)
11. Right to religious freedom (26)
12. Right to information (27)
13. Right to privacy (28)
14. Right against exploitation (29)
15. Right to clean environment (30)
16. Right to education (31)
17. Right to language and culture (32)
18. Right to employment (33)
19. Right to labour (34)
20. Right to health (35)
21. Right to food (36)
22. Right to shelter (37)
23. Right of women (38)
24. Right of children (39)
25. Right of dalit (40)
26. Right of senior citizen (41)
27. Right to social justice (42)
28. Right to social security (43)
29. Right of consumer (44)
30. Right against banishment (45)
31. Right to constitutional remedies (46)

Function of NHRC in Nepal

1. Respect, Protect and Promote human rights and ensure effective enforcement of human rights.
2. Inquire on on petition or complaint sent to the Commission and investigate complaints about the violations of human rights of an individual or group and make recommendation for action against the perpetrators.
3. Recommend to the concerned authority to take departmental action against any official, who fails to fulfill or perform his or her responsibility or duty or shows reluctance in preventing violations of human rights.
4. Recommend to file a case in the court in accordance with law against any person or organization who has violated human rights.
5. Coordinate and collaborate with the civil society in order to enhance awareness on human rights.
6. Carry out periodic reviews of the relevant laws relating to human rights and make recommendation to the Government of Nepal for necessary improvements and amendments to such laws.
7. Recommend Government of Nepal for the implementation of any international treaty or agreement on human rights, to which Nepal is a party.
8. Publish, in accordance with law, the names of the officials, persons or bodies who have failed to observe or implement any recommendations or directives made or given by the Commission in relation to the violations of human rights, and record them as violators of human rights.

Derogation of Human Rights

It refers to the suspension or supression of human rights under particular circumstances like conflict, terrorism, pandemic.The provision of human rights derogation is on ICCPCR Article 4.

Requirements for possible derogation under ICCPCR:

1. There must be existence of a public emergency like conflict
2. Derogation should be consistent with the other obligations under international law.
3. The derogation must be applied in a non-discrimination manner without a distinction based on race, color,sex, language, religion or social origin.
4. The derogation must be related to the duration, geographical coverage and material scope of the derogation.
5. There must be official proclamation of human rights derogation.
6. State must inform the United Nations Secretary General about the derogation

Non-Derogable Rights in the ICCPCR:

1. Right to life.
2. Prohibition on torture, cruel, inhumane or degrading treatment.
3. Prohibition of slavery, slave trade and forced labor.
4. Prohibition on the imprisonment on the basis of inability to pay a contractual obligation.
5. Principle of legality in the field of criminal law.
6. Right to recognition as the person before the law.
7. Freedom of thought, conscience and religion.

Social Justice

Introduction:
It is a concept of fair and just relations between the individual and society as measured by the
distribution of wealth, opportunities for personal activity and social privileges. It assigns the rights and duties in the institutions of the society which enables people to receive the basic benefits and
burdens of cooperation.
Five Principles of Social Justice:

1. The poor should be placed at the center of development projects.
2. The institutions should be accountable for their actions.
3. The practice of development should be based on non-discrimination, equity and inclusiveness.
4. Citizen participation and voices should be heard and linked with national and international policy processes.
5. A linkage should be made between development and the legal institutionalization processes and legal rights framework.

Importance of Social Justice:

1. It ensures that everyone gets the essentials for the good life.
2. It ensure everyone gets the adequate health care, education, food, etc.
3. It protects people from discrimination, disabled people.
4. It helps to promote economic equality.
5. It helps to improve educational opportunities.
6. It helps to promote equality between men and women.

Composition of Nepalese Society according to the Population Census-2011

1. Caste/ Ethnicity

Broa Ethnic Cat egory	Sub-Category		Race/linguistic Family	Population In %
1. Khas/Khas Aryal / Parbate (Hill Caste Group)	Khas (Chhetri)		Indo-Aryan	39.37%
	Khas (Bahun)
	Khas (Dalit)
	Khas (Thakuri)
	Khas (Dashnami)
2. Janjati	-		Sino-Tibetan	27.28%
3. Madhesi ( Terai Caste/Tribal Group)	Madhesi (Low)		Indo-Aryan & Austro-Asiatic	31.96%
	Madhesi (Adibasi)
	Madhesi (Dalit)
	Madhesi (Muslim)
	Madhesi (High)
4. Other (Marwadi, Bengali and Punjabi)	-		Indo-Aryan	0.32%
5. Undefined and Foreigners	-		-	1.07%
	Total		-	100%
Ethnic Groups of Nepal		Population in Percentage
1. Kshetri		16.6%
2. Brahmin		12.2%
3. Magar		7.1%
4. Tharu		6.6%
5. Tamang		5.8%
6. Newar		5%
7. Kami		4.8%
8. Nepalese Muslims		4.4%
9. Yadav		4%
10. Rai		2.3%
11. Other		12.2%

2. Languages

There are altogether 129 languages are spoken in Nepal according to the Population Census 2011.

Rank	Language	Percentage
1	Nepali	44.64%
2	Maithili	11.67%
3	Bhojpuri	5.98%
4	Tharu	5.77%
5	Tamang	5.11%
6	Nepal Bhasa (Newari)	3.20%
7	Bajjika	3.3%
8	Magar	2.98%

3.  Religion

Religion in Nepal (2011 Census)[15]
Religion	Population	Percentage
Hinduism	21,551,492	81.34%
Buddhism	2,396,099	9.04%
Islam	1,162,370	4.39%
Kirat	807,169	3.04%
Christianity	375,699	1.41%