Yes, human rights are fundamentally inalienable, meaning they cannot be taken away or surrendered. This core principle underscores their universal and inherent nature.
Understanding Inalienability
The concept of human rights being "inalienable" means that these rights are intrinsically linked to the very fact of human existence; they are inherent to all human beings. You cannot lose them, as they are not granted by states or governments but recognized as belonging to every individual simply because they are human.
Key aspects of inalienability include:
- Inherent: Human rights are not privileges that can be granted or revoked; they exist simply because one is human.
- Universal: They apply to everyone, everywhere, without discrimination, regardless of nationality, sex, national or ethnic origin, colour, religion, language, or any other status.
- Non-transferable: They cannot be given away, sold, or renounced.
- Irrevocable: No authority, government, or individual can permanently remove these rights from a person.
The Nuance: Suspension and Restriction
While human rights are inalienable, it's crucial to understand that in particular circumstances, some – though not all – may be suspended or restricted. This distinction is vital: a right being restricted or suspended temporarily does not mean it is lost or ceased to exist.
- Restrictions: These are lawful limitations placed on the exercise of certain rights, often to protect the rights of others, public order, national security, or public health. Such restrictions must be necessary, proportionate, and non-discriminatory.
- Example: Freedom of movement might be restricted during a pandemic for public health reasons, or a person's liberty might be restricted through lawful arrest and detention in the criminal justice system.
- Suspension (Derogation): In very specific and extreme circumstances, such as a state of emergency threatening the life of the nation, certain rights can be temporarily suspended (derogated from). However, even in such situations, some rights are considered non-derogable and can never be suspended, including:
- The right to life (with limited exceptions like lawful execution in countries where capital punishment exists).
- Freedom from torture or cruel, inhuman, or degrading treatment or punishment.
- Freedom from slavery or servitude.
- The principle of non-retroactivity of criminal laws (no punishment for acts not considered criminal at the time they were committed).
Comparison of Inalienability vs. Potential Restrictions
| Aspect of Inalienability | Implication for Individuals | Potential for Restriction | Example of Restriction |
|---|---|---|---|
| Inherent Dignity | All humans are born free and equal in dignity and rights. | None | This foundational principle is absolute. |
| Universal Application | Rights apply to everyone, everywhere. | None | No one can be denied rights based on identity. |
| Non-Transferable | Cannot be given away, sold, or forfeited. | None | A person cannot sell their right to freedom. |
| Irrevocable | Cannot be permanently removed by any authority. | Temporary Suspension/Restriction | Freedom of assembly may be restricted due to public health concerns. |
International Recognition and Protection
The concept of inalienable human rights is enshrined in foundational international documents, most notably the Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948. This document, along with subsequent treaties like the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), forms the bedrock of international human rights law.
These instruments underscore that human rights are:
- Universal: Belonging to all people regardless of background.
- Inalienable: Unable to be surrendered or taken away.
- Indivisible: All human rights are equally important and cannot be separated.
- Interdependent and Interrelated: The enjoyment of one right often depends on the enjoyment of others.
The United Nations Human Rights Office and various international and national bodies work to uphold and protect these inalienable rights, ensuring that even when rights are legitimately restricted, such limitations are exceptional, non-discriminatory, and proportionate to the aim being achieved.
