Kenya Human Rights Law : Characteristics of Human Rights

The subject of human rights has been agitated the minds of human beings in all ages at different times of human evolution.  Human rights is a dynamic concept, which endeavors to adopt itself to needs of the day.  Human rightsare generally defined as those rights which every human being is entitled to enjoy by virtue of being a member of human species.  Because of their immense significance to human beings, human rights are also sometimes referred to fundamental rights, basic rights, inherent rights, natural rights and birth rights.

Characteristics of Human Rights:Indeed, the human rights are represent in the cultural development of a religion and philosophies in all parts of the world since the dawn of history. The problems of human rights are closely related or existed between man and his social environment, on which a life of anindividual depends on the society. It is well noted that according to the Vienna Declaration of Human Rights, 1993, ‘all human rights are universal, indivisible, interdependent and inter-related. The international community must treat human rights in a fair and equal mannerglobally.

The following are the characteristics of human rights:
1.Universality:Currently, almost all the individuals are to talk about the human rights. These rights are mostly linked to the fundamental rights and freedoms,which are expressed in their respective constitutions around the world. The concept of human rights an attempt an attempt to protect the individual from oppression and injustices.  Theserights should provide a human standard of achievement for all the people and all the nations.2.Internationalization:The subject of human rights is both of an individual as well as of the whole world.  The human rights relates to  the local, regional, national, and international levels.  The recognition, protection and implementation of human rights has been recognized at all levels internationally.  The States havingbecome parties to a number of international treaties and agreements that would require codification in the form of national and municipal laws. Subsequent to the establishment of the United Nations, scores of international instruments have been adopted, which spells out the norms and standards to promote universal respect for andan observance of human rights and fundamental freedoms of all.
3.Interdependence:It is to be noted that some human rights are morefundamental than others. For example, Is a right to life is more important than that of a human right to food, without which life cannot be sustainable, or more important than a social security right? Here, we have observed that such human rights are interdependent on each other. It is important to note that there is no clear distinction between the civil and political rights and economic, social and cultural rights.4.Essentiality:Human rights are very much essential for the material and moral upliftment  of the human race.  According to International law, every individual has certain rights which are inherent in all individual because of their existence as human being, irrespective of their caste, colour, creed, language, ideology or nationality.

More Characteristics of Human Rights
1.Essential for all human Beings Human rights can not be categorized. All people should enjoy the same form of their existence.They are not inherent in a particular group of people, but in the totality of the human race. In fact, the violation of them does not eliminate their importance, they will always remain present despite their contempt (Wahab, 2013).
2 - Cover legal rights
Human Rights are safeguarded by the law of each nation. They also include fundamental rights, included in the constitution of each country.In this way, they receive special treatment based on the national agreements of each state (both social, economic and political). This is how it ensures that all people lead decent lives, in peaceful and safe conditions.
3 - They are Universal
Human Rights are given to all the members of a society in full form,so all members of the same are not aware of its existence.Even in countries that are ravaged by war, people can not be deprived of these rights and heads of government can not escape the obligation to enforce them.
4 - Compliance can be Strengthened If human rights are violated anywhere in the world, persuasivestrategies must be used to resume compliance.When this is not enough, supporters of them are authorized to enforce compliance. The international community, for example, had the right to restrain Saddam Hussein in Iraq when he wanted to suppress the rights of the Kurdishpeople.In the recent past, the International Community, led mainly by the United States and the United Kingdom, has determined that terrorism must be combated in order to prevent human beings from being tormented and suffering in the hands of terrorists, Even against the rights to life and property.In this way, it became fundamental to advocate for the right to live a full and peaceful life(the right to life being the most important that each individual can have) (Digest, 2011).
5 - They have local Restrictions Human
Rights must also be regulated in accordance with the interests and standards of each nation. Its aim must be to ensure political security, morality and social decency.Its execution must not violate the applicability of the norms of a civilization or culture. In this way, it can be affirmed that human rights are not"all-powerful"and must be executed taking into account certain limits given by the cultural legacy of each country.
6 - They rely on the human Conscience
Human Rights, like moral rights, are based on individual consciousness. Its exercise restson the will of individuals. In this sense their compliance is more linked to moral beliefs than to compliance with the law.
7 - Are Instrumental Principles Human rights are instrumental principles, in this sense people are motivated to abide by them as they are a means to an end: abetter life quality. Therefore, it can be said that they are not goals in themselves, but tools to achieve higher goals.
8 - They are"Pre - Politicians".Human Rights are moral restraints whose legitimacy and existence precedes all social, legal, political, cultural and historical contingencies.However, its existence serves to solve the needs and problems related to these contingencies, always watching over the welfareof human beings and the care of their lives in a dignified way.
9 - Required Human Rights require a certain obligatoriness. Its fulfillment is not subject to the discretion of a republic.Therefore, the applicability of Human Rights does not depend only on the will and aspiration of some people.This must be taken into account, since these rights are necessary for the protection and existence of certain basic, universal and universal human values ​​and interests.
10 - They are Independent Human Rights exist independently. That is, they do not require legal, social, cultural or religious recognition to exist.This means that all human beingshave fundamental rights, even if the laws of their country or group do not recognize them and deliberately decide to violate them.However, compliance with these rights is most likely when these are legally recorded in a formal document of the nation, such as the constitution.On the other hand, it is also said that Human Rights are independent because a human right does not need another to be fulfilled.However, violation of a right generally leads to the violation of others simultaneously (Spagnoli, 2007).
11 - They are Unconditional People have the right to have their rights respected unconditionally. There should be no conditions of any kind for the fulfillment of human rights.
12 - They are inalienable Human Rights belong to people because they have a human condition.Therefore, these rights are not granted and withdrawn accordingto the will and interests of an individual or community, since these are untouchable. Even when human rights are violated, people still retain them.
13 - You can not give them Up Individuals can not assign their rights or waive them for any reason. However, a person can decide whether they want to enforce their rights or not once they are violated.
14 - They are the same for Everyone Human Rights are the same for all the people who live in the world. This is possible for two reasons: all people in the world have the same human condition, and there are no rights that are more important or urgent than others, this means that all humanrights are the same for all human beings.15 - Compliance must be balancedOn the other hand, there is no basic human rights group. There is a set where the fulfillment of allrights must be balanced in such away as to avoid social, cultural, religious, political or economic conflicts.When the fulfillment of some right conflicts with the fulfillment of another, a way must be found to balance them.Other featuresAlso, it is important to emphasizethat human rights are not neutral in political terms. In fact, many governments may refuse to implement them because they go against their ideals.N However, there is a close link between democracy and human rights, so that countries with a democratic system will be more likely to ensure compliance with human rights.Human rights are multidimensional, that is, they do not only cover citizens and the state, since they care about all individuals and impose obligations simultaneously on them.Corporations and organizations must also ensure that their policies are connected to the fulfillment of Human Rights. This means that Human Rights operate in a transnational and trans-generational way.Human Rights can be both negative and positive. Always andat any time they require self-control and tolerance, as wellas intervention and active participation depending on the circumstances.Its existence is in a continuous debate with the speeches emittedby the politics, the ethics, the religion, the history and the philosophy.In this way, Human Rights intersect with all these variables, ensuring that they do not affect their universality and demands.However, full compliance with human rights continues to be a conflicting idea in many countriesof the world, where they are presented as goals that are sometimes unattainable by citizens and their governments.