What are human rights?

Human rights are rights that everyone is entitled to. They apply to all people - simply because they are human beings, at all times and everywhere, "without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status" (Article 2, Universal Declaration of Human Rights). Human rights are based on the principle that all people have the same human dignity and equal rights.

The idea that people have inherent rights is very old and is rooted in many cultures and traditions. People all over the world experience injustice, oppression and violence and seek justice. The United Nations (UN) laid the foundation for the international protection of human rights with its proclamation of the Universal Declaration of Human Rights on 10 December 1948. It is the most translated document in the world, available in over 500 languages.

Human rights include civil and political freedoms and participation rights, including the right to life, the prohibition of torture, freedom of religion, assembly and expression, and equality before the law. There are also economic, social and cultural human rights, such as the rights to work, housing, health and education.

Human rights are constantly evolving: examples include the 2010 recognition of the right to water and sanitation, and the 2021 recognition of the right to a clean, safe, healthy and sustainable environment.

Human rights apply everywhere in the world and to everyone. Their universality is not called into question by the diversity of people or their cultures. Human rights form the basis upon which states have agreed. Nations may agree on additional human rights in their national legislation and set higher standards.

No. All human rights are interrelated and the exercise of individual rights is conditional on other rights or the rights of other people. For example, I can only really exercise my right to freedom of expression if my right to education or free access to information is also guaranteed.

Yes. For example, if two patients need a heart transplant, but only one donor heart is available, then the right to life of one patient comes into conflict with the same human right of the other patient. Situations in which different human rights conflict with each other are also conceivable. For example, one person's right to freedom of expression may come into conflict with another person's right to protection against discrimination, such as protection against racial discrimination.

The United Nations Universal Declaration of Human Rights of 1948 is still the best-known human rights document today. However, it is not legally binding. For this reason, human rights have been enshrined in human rights conventions. There are now nine such UN conventions, which are legally binding for the states that have signed them. There are also regional human rights treaties in Europe, Africa, America and the Arab states. For Europe, human rights are enshrined in the European Convention on Human Rights. It was signed by the member states of the Council of Europe in 1950.

Overview of the UN human rights conventions

(the date of ratification in Germany can be found in brackets)

• International Convention on the Elimination of All Forms of Racial Discrimination (1969)
• International Covenant on Civil and Political Rights (UN Civil Pact, 1973)
• International Covenant on Economic, Social and Cultural Rights (UN Social Covenant, 1973)
• Convention on the Elimination of All Forms of Discrimination against Women (1985)
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1990)
• Convention on the Rights of the Child (UN Convention on the Rights of the Child) (1992)
• Convention on the Rights of Persons with Disabilities (UN Convention on the Rights of Persons with Disabilities) (2009)
• International Convention for the Protection of All Persons from Enforced Disappearance (2009)
• International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Germany has not yet acceded to the Convention)

Nobody can lose their human rights, because they are linked to human existence. Some human rights, such as the prohibition of torture or slavery, are absolute and cannot be restricted or overridden. Other human rights can be restricted by the state under certain circumstances: people sentenced to a prison sentence can be deprived of their freedom, and freedom of assembly can be restricted in times of pandemic.

No. Interventions in human rights are only permitted under certain conditions: they must be based on a law and justified by public interest or the protection of the fundamental rights of third parties. In addition, the intervention must be proportionate, and it must preserve the core content of the fundamental right or human right. Independent courts are responsible for deciding whether the restriction of a human right is justifiable. Even democracies need human rights as a yardstick and limit for state action. Otherwise, a democracy can quickly become a tyranny of the majority.

First and foremost, the states that have signed human rights treaties. All state bodies, i.e. governments, parliaments, authorities and courts, are obliged to respect human rights. At the same time, they must take legislative and other measures to protect human rights from interference by third parties and to guarantee that people may exercise their human rights. Civil society organisations also play an important role: they support people whose rights are being violated, document rights violations and campaign for the realisation of human rights. Of course, every individual must also practise human rights in their everyday life by respecting people as individuals with equal dignity and equal rights, opposing exclusion and hatred and demanding respect for human rights.

If a state signs a human rights treaty, it undertakes to implement those rights in its own country. The United Nations has set up a monitoring system to check whether and how this is being done: At regular intervals, governments must report to the United Nations on the human rights situation in their country. In order to gain a comprehensive picture, the United Nations also receives reports from civil society groups and the country's independent National Human Rights Institution. A state that violates human rights is publicly reprimanded by the United Nations and called upon to respect these rights.

The realisation of human rights is not a straightforward process. There will always be setbacks that mean human rights have to be defended, demanded and fought for anew. Human rights are a good starting point; because they exist, governments that violate them fear that they may be criticised and sanctioned by other states. Or that the nation’s population will invoke human rights in their fight against arbitrariness and injustice, as civil rights activists did in the GDR, for example. History shows that political pressure, public criticism and protest are effective means of enforcing human rights.

Even if it may not seem so in view of the current world situation, human rights are a success story! The abolition of slavery and the death penalty in many countries, the liberation of political prisoners, the introduction of women's suffrage and the Peaceful Revolution in Germany are all examples of this positive development. And still, a lot remains to be done!

Nowadays, many of the things we rely on every day come from other places in the world. Our mobile phones contain raw materials from Central Africa, and the majority of our clothes are produced in China or Bangladesh. Workers there, including children, are subjected to terrible working conditions. As such, we have a responsibility to ensure that human rights are also respected in other countries. And finally, we show our humanity by standing up for human rights - locally and worldwide.

There is no country in the world in which all human rights are respected everywhere and all the time. In Germany, respect for human rights is enshrined in the Basic Law, and independent courts monitor their observance. The majority of the population is committed to human rights. Nevertheless, there are also human rights concerns in this country. For example, when people have to live on the streets, experience racist violence or when children with disabilities are not allowed to go to school with children without disabilities.

There are many ways to stand up for human rights. For example, you can show solidarity with others when they are insulted, intimidated or threatened. You can draw attention to human rights problems by contacting the press or writing a letter to the editor, contacting politicians or initiating the establishment of a complaints centre. Or you could support organisations that campaign for women's or children's rights, freedom of the press or education - by donating or volunteering.

German Basic Law expressly recognises human rights. This means that human rights are an enforceable right in Germany. Whether going to court is actually the right remedy must be examined on a case-by-case basis. Advice centres, such as anti-discrimination centres, associations or organisations can help with this. If taking your case to court in Germany is not successful, you can turn to the European Court of Human Rights in Strasbourg or to one of the human rights bodies of the United Nations.

Some people act cruelly and even inhumanely. Granting them rights despite this may feel counterintuitive. Nevertheless, every human being has a right to dignity that we must respect. After all, who can say with absolute certainty that someone has lost all humanity? What criteria could we use to determine this? What if this claim turns out to be false? Furthermore, we harm ourselves if we try to hurt criminals in the same way that they have hurt others.

Anyone who wants to stand up for human rights or invoke them must know that they exist. This is why the right to human rights education is enshrined in various United Nations human rights conventions and also in Article 26 ("Right to Education") of the Universal Declaration of Human Rights. As such, all people have a right to human rights education. This is particularly important for people in human rights-related professions, such as teachers or police officers. Human rights education means providing information and knowledge about human rights, designing educational programmes in line with human rights principles such as inclusion, participation and protection against discrimination, and empowering people to stand up for their rights and those of others.

Human rights are rights to which every person is entitled by virtue of their humanity. Fundamental rights are individual rights that are enshrined in the constitutions of states. Most fundamental rights are also human rights. According to German Basic Law, all people are entitled to them regardless of their nationality. They always begin with "Everyone has the right ...". The smaller part of the fundamental rights are so-called civil rights, which can only be claimed by German citizens.

Political movements that question human rights and the rule of law are gaining strength around the world. People who stand up in solidarity for the rights of others are attacked, threatened, injured or even imprisoned and killed in some countries. Violence against women is widespread all over the world. Climate change is also jeopardising the livelihoods of millions of people. Floods, forest fires and droughts threaten the human rights to life, food, water and health. And technological developments, such as increasing digitalisation, are also raising new human rights issues, for example when automatic facial recognition or comprehensive data storage violates the right to privacy.

Some people experience human rights violations particularly frequently, for example people with disabilities, women or those affected by racism. The discrimination they experience is often deeply rooted in social structures. It manifests itself in laws or routine administrative as well as in individuals’ behaviour. This is why the United Nations has drawn up its own human rights agreements for these groups. These include the UN Convention on the Rights of Persons with Disabilities, the UN Convention on the Rights of Women, and the Convention on the Elimination of All Forms of Racial Discrimination. These groups do not have more rights than others, rather they require special state measures in order to be protected from discrimination.

No, but the human rights of children are violated particularly frequently. Children have particular needs and must be specially protected. This is why the United Nations set out the human rights of children in a separate treaty. The UN Convention on the Rights of the Child came into force in 1989. With the exception of the USA, all member states of the United Nations have signed this treaty. An example of a provision of the UN Convention on the Rights of the Child is that it obliges courts, authorities and social welfare organisations to listen to children in all matters that affect them and to take their opinions into account when making decisions.

Inclusion means that everyone belongs in society, no matter what they look like, what they can do or how old or rich they are. Everyone should be able to shape their lives in a self-determined way, and no one should be disadvantaged, marginalised or discriminated against. This results from the principle of inclusion and it is also a core concept of human rights. For this to be possible, barriers must be removed and individualised support provided. If everyone can participate, it is normal to be different.

Of course human rights, such as the right to freedom of expression or protection against discrimination, also apply on the internet and in social media. Anyone who insults or threatens other people on the internet is violating their human rights. The state must provide effective protection here, just as it does in the offline world.

Refugees are equally entitled to human rights. Anyone who forcibly prevents people from seeking protection in a country is violating their human rights. The Geneva Refugee Convention prohibits states from sending people back to a country where they are threatened with serious human rights violations. Anyone who leaves their home country because of persecution or war has the right to an individual asylum procedure.

The human rights of undocumented migrants are frequently violated, for example when employers refuse to pay them wages or when they have difficulty accessing medical treatment without health insurance. Refugees in accommodation centres are often not effectively protected from violence or violations of their privacy.

Governments are obliged to respect, protect and guarantee human rights in their own country. If a company violates the rights of its employees, the state must intervene. It becomes difficult when companies operate globally and their work takes place in different countries. Complex supply chains make it more difficult to uncover human rights violations and hold those responsible to account. Nevertheless, states must ensure that companies also respect human rights abroad.

The European Court of Human Rights (ECtHR) in Strasbourg monitors compliance with the European Convention on Human Rights. Anyone who has been unsuccessful in their own country's courts can lodge a complaint with the ECtHR. Its judgements are legally binding and must therefore be implemented by states that have signed the European Convention on Human Rights. Judgements by the ECtHR have repeatedly led to governments changing their laws and administrative practices.

National human rights institutions (NHRI) monitor the implementation of human rights agreements in their own country and work to ensure that rights are upheld and promoted. They advise politicians and other stakeholders, prepare studies and monitoring reports, carry out human rights education, and participate in court proceedings and international human rights monitoring procedures. Some also act as complaints centres.

There are now 110 NHRI worldwide. An important principle of their work is their political independence. Germany's independent national human rights institution is the German Institute for Human Rights in Berlin.

On 10 December 1948, the United Nations adopted the Universal Declaration of Human Rights. It was a direct reaction to the crimes against humanity committed by Nazi Germany: the international community wanted to make sure it would never allow such horrific crimes to happen again.

The UN Commission on Human Rights, which drew up the declaration in less than two years, was made up of people from a wide variety of backgrounds, cultures, religions and philosophical traditions. It was chaired by the US human rights activist Eleanor Roosevelt.