KENYA LAWS ONLINE: Human rights law

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Kenya Human Rights Law

Kenya Human Rights Law :Types of Human Rights

The Universal Declaration of Human Rights has guaranteed a number of rights which can be classified as follows:
(a) Social or Civil Human Rights:All human beings are entitled to:
(1) The right to life, liberty and security of persons
(2) Right to freedom from slavery and servitude
(3) Right to freedom from torture or cruel, inhuman or degrading treatment or punishment
(4) Right to freedom from arbitrary interference with privacy, family, home or correspondence
(5) Right to marry and have family and right to property.

(b)Political Human Rights:To take part in the political process, all human beings are provided with some rights such as:
(1) Right to nationality
(2) Right to equality before law and equal protection of law
(3) Right to judicial remedies, fair trial and freedom from arbitrary arrest, detention or exile
(4) Right to freedom of thought, expression, belief, faith, conscience and religion
(5) Right to freedom of peaceful assembly and association
(6) Right to take part in government affairs and equal access to public service
(7) Right to equal suffrage
(8) Right to freedom of movement and right of asylum etc.

(c)Economic Human Rights:To ensure the economic interest of the human being, UNO also provides certain economic rights, such as:
(1) Right to social security
(2) Right to work and the right to equal pay for equal work
(3) Right to form trade unions
(4) Right to rest and leisure
(5) Right to food, health and adequate standard of living.

(d)Cultural Human Rights:For the protection of the various types of cultures, traditions and customs of the human being, the Declaration of Human Rights also provides certain rights, such as:
(1) Right to participate in the cultural life of the community,
(2) Right to enjoy the art and to share in the scientific advancement and its benefits
(3) Right to the protection of the moral and material interests resulting from any scientific, literary and artistic production of which the individual is the author
(4) Right to a social and international order in which the human rights as provided in the Universal Declaration can be fully realized.

Kenya Human Rights Law :30 Basic Human Rights:

We have 30 basic human rights, according to the Universal Declaration of Human Rights, created by the United Nations in 1948 to provide a global understanding of how to treat individuals.
Human Rights is a global term we hear often, but many people can’t define. So the question is what are human rights? “Rights” are things we are allowed to be, to do or to have, simply by being human. We each own 30 basic human rights, based on the Universal Declaration of Human Rights.

The Universal Declaration of Human Rights:
1.We are all free and equal. We are all born free. We all have our own thoughts and ideas. We should all be treated in the same way.
2.Don’t discriminate. These rights belong to everybody, whatever our differences.
3.The right to life.We all have the right to life, and to live in freedom and safety.
4.No slavery – past and present. Nobody has any right to make us a slave. We cannot make anyone our slave.
5.No Torture. Nobody has any right to hurt us or to torture us.
6.We all have the same right to use the law. I am a person just like you!
7.We are all protected by the law. The law is the same for everyone. It must treat us all fairly.
8.Fair treatment by fair courts.We can all ask for the law to help us when we are not treated fairly.
9.No unfair detainment. Nobody has the right to put us in prison without a good reason and keep us there, or to send us away from our country.
10.The right to trial. If we are put ontrial this should be in public. The people who try us should not let anyone tell them what to do.
11.Innocent until proven guilty. Nobody should be blamed for doing something until it is proven. When people say we did a bad thing we have the right to show it is not true.
12.The right to privacy. Nobody should try to harm our good name. Nobody has the right to come into our home, open our letters or bother us or our family without a good reason.
13.Freedom to move. We all have the right to go where we want in our own country and to travel as we wish.
14.The right to asylum. If we are frightened of being badly treated in our own country, we all have the right to run away to another country to be safe.
15.The right to a nationality. We all have the right to belong to a country.
16.Marriage and family. Every grown-up has the right to marry and have a family if they want to. Men and women have the same rights when they are married, and when they are separated.
17.Your own things. Everyone has the right to own things or share them. Nobody should take our things from us without a good reason.
18.Freedom of thought. We all havethe right to believe in what we want to believe, to have a religion, or to change it if we want.
19.Free to say what you want. We all have the right to make up our own minds, to think what we like, to say what we think, and to share our ideas with other people.
20.Meet where you like. We all havethe right to meet our friends and to work together in peace to defend our rights. Nobody can make us join a group if we don’t want to.
21.The right to democracy. We all have the right to take part in the government of our country. Every grown-up should be allowed to choose their own leaders.
22.The right to social security. We all have the right to affordable housing, medicine, education, and child care, enough money to live on and medical help if we are ill or old.
23.Workers’ rights. Every grown-up has the right to do a job, to a fair wage for their work, and to join a trade union.
24.The right to play. We all have theright to rest from work and to relax.
25.A bed and some food. We all have the right to a good life. Mothers and children, people who are old, unemployed or disabled, andall people have the right to be cared for.
26.The right to education. Education is a right. Primary school should be free. We should learn about the United Nations and how toget on with others. Our parents can choose what we learn.
27.Culture and copyright. Copyrightis a special law that protects one’s own artistic creations and writings; others cannot make copies without permission. We all have the right to our own way of life and to enjoy the good things that “art,” science and learning bring.
28.A free and fair world. There must be proper order so we can all enjoy rights and freedoms in our own country and all over the world.
29.Our responsibilities. We have a duty to other people, and we should protect their rights and freedoms.
30.Nobody can take away these rights and freedoms from us.
* List provided by Youth For Human Rights International, adapted and simplified from the 1948 Universal Declaration of Human RightsHere is a link to the original: http://www.un.org/en/documents/udhr/

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.

Kenya Human Rights Law :The Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10December 1948 (General Assembly resolution 217 A) as a common standard of achievements for all peoples and all nations.It sets out, for the first time, fundamental human rights to be universally protected and it has beentranslated into over 500 languages.

Preamble
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,Whereas disregard and contempt for human rightshave resulted in barbarousacts which have outraged the conscience of mankind, and the advent ofa world in which human beings shall enjoy freedomof speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,Whereas it is essential to promote the development of friendly relations between nations,Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignityand worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
Article 1.All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should acttowards one another in a spirit of brotherhood.
Article 2.Everyone is entitled to all the rights and freedoms set forth in this Declaration, 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. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing orunder any other limitation of sovereignty.
Article 3.Everyone has the right to life, liberty and security of person.
Article 4.No one shall be held in slavery or servitude; slavery and the slave tradeshall be prohibited in all their forms.
Article 5.No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6.Everyone has the right to recognition everywhere as a person before the law.
Article 7.All are equal before the law and are entitled without any discriminationto equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8.Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9.No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.Everyone is entitled in full equality to a fair and publichearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Download the whole Declaration here

Kenya Human Rights Law :What are Human Rights?

Human rights are standards that allow all people to live withdignity, freedom, equality, justice, andpeace.Every person has these rights simply because they are human beings. They are guaranteed to everyone without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status. Human rights are essential to the full development of individuals and communities.Many people view human rights as a set of moral principles that apply to everyone.Human rights are also part of international law, contained in treaties and declarations that spell out specific rights that countries are required to uphold. Countries often incorporate human rights in their own national, state, and local laws.

There are many ways to understand what human rightsare and there is no one agreement on how we are supposed to identify these rights. Some prefer to see human rights as certain natural rights that were given to us by God and is therefore the state’s duty to protect, while other people see them as natural rights coming from general rational human interest of gain, safety and reputation. Whichever the view, human rights, as the name suggests, are rights thatall human beings have regardless of nationality, placeof staying, gender, religion, language or anything else.We are all protected by humanrights no matter what and so these rights should not be disturbed either at all or only inextreme situations. Here are some examples of general human rights and how they work; a person’s “right to liberty” (i.e. freedom) may be restricted(e.g. sent to jail), if heor she commits a crime or oneperson’s “right to peaceful enjoyment of property” can be taken away if he or she does something on their land (e.g. home) that causes “nuisance” (e.g. too much noise) to their neighbour.Indeed, the above can be seen as punishments when people go over the limits of their human rights, disturbing the rights of others who also equally share these rights. However, as the word “punishment” suggests, nobody can be charged for having done something or have their rights disturbed if the offence was not a crime when it was committed. This means that to be punished by the law, there must be laws already existing that do not allow that offence and these laws must be written very clearly so that people know what actions are criminal in nature. This in itself is a human right, being “no punishment without law” and is found in Article 7 of the European Convention of Human Rights (ECHR).Among the human rights, the “right to education” is one that is very well accepted internationally. This is one of the most important human rights because of its supporting nature. It means education is not only good in itself as it increases knowledge, it also gives people the ability to access and use other core rights. It gives people the confidence tomake informed decisions, either to protect themselves from having their rights disturbed or to hold those whoabuse power responsible. It helps people to join more actively in their social and economic rights too, such as obtaining land rights and investments. So, these economic trends increase the importance of education because of the modernisation and easier access to information in the economy, particularly in Africa.It is so important for every person to know that they are entitled to the rights listed above and more, depending onthe jurisdiction (“state”) the person is in. This is because human rights affect the relationships between governments and the citizens that these governments have power over. Having human rights in this way is like having a legal “shield” or even a “sword” because these rights limit the government’s power and control. Therefore, countries must understand and accept the fundamental needs of their people and protect their basic freedoms, enforcing the ever-important relevance of human rights internationally.

Kenya Human Rights Law :International treaties

In 1966, The International Covenant on Civil and Political Rights(ICCPR) and The International Covenant on Economic, Social and Cultural Rights(ICESCR) were adopted by the United Nations, between them making the rights contained in the UDHR binding on all states that have signed this treaty, creating human-rights law.Since then numerous other treaties (pieces of legislation) have been offered atthe international level. They are generally known ashuman rights instruments.

Some of the most significant, referred to (with ICCPR and ICESCR) as "the seven core treaties", are:
*.Convention on the Elimination of All Forms of Discrimination Against Women(CEDAW) (adopted 1979, entry into force: 1981)
*.Convention on the Elimination of All Forms of Racial Discrimination(CERD) (adopted 1966, entry into force: 1969)
*.Convention on the Rights of Persons with Disabilities(CRPD) (adopted 2006, entry into force: 2008)
*.Convention on the Rights of the Child(CRC) (adopted 1989, entry into force:1989)
*.United Nations Convention Against Torture(CAT) (adopted 1984, entry into force: 1987)
*.International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families(ICRMWor more oftenMWC) (adopted 1990, entry into force: 2003)

Kenya Human Rights Law :Who Is Responsible For Upholding Human Rights?

Under human rights treaties, governments have the primary responsibility for protecting and promoting human rights. However, governments are not solely responsible for ensuring human rights. The UDHR states:“Every individual and every organ of society … shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance.”This provision means that not only the government, but also businesses, civil society, and individuals are responsible for promoting and respecting human rights.
When a government ratifies a human rights treaty, it assumes a legal obligationto respect, protect, and fulfill the rights contained in the treaty. Governments are obligated to make sure that human rights are protected by both preventing human rights violations against people within their territories and providing effective remedies for those whose rights are violated. Government parties to a treaty must do the following:
Respect Protect Fulfill
Governments must not deprive people of a right or interfere with persons exercisingtheir rights.
For example, governments can:
*.Create constitutional guarantees of human rights.
*.Provide ways for people who have suffered human rights violations by the government to seek legal remedies from domestic and international courts.
*.Sign international human rights treaties.Governments must prevent private actors from violating the human rights of others.For example, governments can:
*.Prosecute perpetrators of human rights abuses, such as crimes of domestic violence.
*.Educate people about human rights and the importance of respecting the human rights of others.
*.Cooperate with the international community in preventing and prosecuting crimes against humanity and other violations.Governments must take positive action tofacilitate the enjoyment of basic human rights.For example, governments can:
*.Provide free, high-quality public education.
*.Create a public defender system so that everyone has access to a lawyer.
*.Ensure everyone has access to food by funding public assistance programs.
*.Fund a public education campaign on the right to vote.

Kenya Human Rights Law :Where Do Human Rights Come from?

The modern human rights era can be traced to struggles to end slavery, genocide, discrimination, and government oppression. Atrocities during World War 11 made clear that previous efforts to protect individual rights from government violations were inadequate. Thus was born the Universal Declaration of Human Rights (UDHR) as part of the emergence of the United Nations (UN).The UDHR was the first international document that spelled out the “basic civil, political, economic, social and cultural rights that all human beings should enjoy.” The declaration was ratified without opposition by the UN General Assembly on December 10, 1948.When it was adopted, the UDHR was not legally binding, though it carried great moral weight. In order to give the human rights listed in the UDHR the force of law, the UN drafted two treaties, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). The division of rights between these two covenants is artificial, reflecting the global ideological divide during the Cold War. Though politics prevented the creation of a unified treaty, the two covenants are interconnected, and the rights contained in one covenant are necessary to the fulfillment of the rights contained in the other. Together, the UDHR, ICCPR, and ICESCR are known as the International Bill of Human Rights. They contain a comprehensive list of human rights that governments must respect, protect, and fulfill.

Kenya Human Rights Law :Why Are Human Rights Important?

Human rights reflect the minimum standards necessary for peopleto live with dignity. Human rights give people the freedom to choose how they live, how they express themselves, and what kind of government they want to support, among many other things. Human rights also guarantee people the means necessary to satisfy their basic needs, such as food, housing, and education, so they can take full advantageof all opportunities. Finally, by guaranteeing life, liberty, equality, and security, human rights protect people against abuse by those who are more powerful.According to the United Nations, human rights:“Ensure that a human being will be able tofully develop and use human qualities such as intelligence, talent, and conscience and satisfy his or her spiritual and other

Kenya Human Rights Law :Basic Principles of the Human Rights Framework

The human rights framework protects civil, political, economic, social and cultural rights. But no matter what kind of right is at issue, there are basic principles that are always part of human rights standards and implementation.

These principles include:
Universality:Human rights must be afforded to everyone, without exception. The entire premise of the framework is that people are entitled to these rights simply by virtue of being human.
Indivisibility: Human rights are indivisible and interdependent, which means that in order to guarantee civil and political rights, a government must also ensure economic, social and cultural rights (and visa versa). The indivisibility principle recognizes that if a government violates rights such as health, it necessarily affects people’s ability to exercise other rights such as the right to life.
Participation: People have a right to participate in how decisions are made regarding protection of their rights. This includes but is not limited to having input on government decisions about rights. Toensure human rights, governments must engage and support the participation of civil society on these issues.
Accountability: Governments must createmechanisms of accountability for the enforcement of rights. It is not enough that rights are recognized in domestic lawor in policy rhetoric, there must actually be effective measures put in place so thatthe government can be held accountable if those rights standards are not met.
Transparency: Transparency means that governments must be open about all information and decision-making processes related to rights. People must be able to know and understand how major decisions affecting rights are madeand how public institutions, such as hospitals and schools, which are needed to protect rights, are managed and run.
Non-Discrimination: Human rights must be guaranteed without discrimination of any kind. This includes not only purposeful discrimination, but also protection from policies and practices which may have a discriminatory effect.

Kenya Human Rights Law :Examples of Human Rights

Human rights are fundamental inalienable rights that you have just by virtue of the fact that you are a person. Although the government can pass laws to protect your human rights, human rights are rights believed to be granted by God or by some higher power and everyone has human rights even if legislation doesn't protect them or if oppressive governments do not respect them.Fundamental Human RightsHuman rights are the most fundamental and important of rights. They are the rights that the government in the United States spelled out in the Bill of Rights and the Constitution, and they are the rights that the United Nations aims to protect for all people. These rights would exist even without government protection or intervention.
Some examples of human rights include:
*.The right to life
*.The right to liberty and freedom
*.The right to the pursuit of happiness
*.The right to live your life free of discrimination
*.The right to control what happens to your own body and to make medical decisions for yourself
*.The right to freely exercise your religion and practice your religious beliefs without fear of being prosecuted for your beliefs
*.The right to be free from prejudice on the basis of race, gender, national origin, color, age or sex
*.The right to grow old
*.The right to a fair trial and due process of the law
*.The right to be free from cruel and unusual punishment
*.The right to be free from torture
*.The right to be free from slavery
*.The right to freedom of speech
*.The right to freely associate with whomever you like and to join groups of which you'd like to be a part.
*.The right to freedom of thought
*.The right not to be prosecuted from your thoughtsMost people accept these rights as fundamental and inalienable and in freecountries like the United States, there is little disagreement about these basic human rights.

Controversial Human Rights
There are other rights that some believeare basic human rights but that others believe are more controversial.For example, some of the controversial rights that some believe are human rights include:
*.The right to reproductive freedom including the right to choose abortion
*.The right to be free from discrimination on the basis of sexual orientation, including the right to marry a person of the same sex
*.The right to bear arms and to not havethe government infringe unduly on that right
*.The right to regular and affordable health insurance subsidized or supported by the government or provided by a single payer system

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.