Kenya Human Rights Law : Concept of Human Rights

The concept of human rights falls withinthe framework of constitutional law andinternational law.  It has been identified to defend by institutionalized means therights of human beings against buses of power committed by the organs of the State and at the same time, it is to promote the establishment of human living conditions and the development of human personality. For an easy understanding, the concept of human rights can be understood as linked with the concept of equality.  It is to be notedthat all human beings are wanted to treat fairly and equally.  Equality is a pre-condition for freedom of human being.The concept of human rights signifying the minimum rights of an individual versus his own State is as old as political philosophy.   The foundation of human rights is the concept of non-discrimination.    But, when we look into the history of mankind, there has always continuous to exist a wide gap between the concept and practice, between the abstract principles and their implementation.  Human rights represent claims which individuals or groups make on the society.  They include the right to freedom from torture, the right to life, inhuman treatment, the right to liberty and security, right to privacy, right to fair trial, freedom of thought, conscience, and religion, freedom of opinion and expression, the right to marry and the right to forma  family, the right to participate in one’s government either directly or indirectly or through freely elected representative.Obviously, the very concept of human rights has gradually evolved over the past several centuries. It is immaterial whether we call these rights as inherent rights, fundamental rights or choose some other name. In fact, these rights by themselves have no fixed content as has been rightly remarked by Justice Mathew and most of them are ‘empty vessels’ into which each generation haspoured its content in the light of its experience.