We know that the French Declaration of the Rights of Man and of the Citizen of 1789 was the first document to refer to social, economic, and cultural rights, including the rights to education, work, property, and social protection. In 1941, the Atlantic Charter was declared, which paved the way for the development of an International Bill of Rights during 1942–45. The adoption and proclamation of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly on 10 December 1948 marked a historic milestone in the field of human rights.
The historic Article 2, which states that “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind… no distinction shall be made on the basis of the political, jurisdictional,” affirms that everyone is equal, irrespective of differences. The UDHR also emphasizes public participation. Article 21 declares that everyone has the right of equal access to public service in their country, and further elaborates on the right to periodic elections and secret ballots.
Article 25.1 states: “Everyone has the right to a standard of living adequate for the health and wellbeing of himself and of his family, including food, clothing, housing, and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age, or other lack of livelihood in circumstances beyond his control.”
The International Covenant on Civil and Political Rights (ICCPR) of 1976 and the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1976 oblige signatory nations to uphold human rights. The UNDP also highlights human rights as a central concern. Nepal is a signatory to these conventions, covenants, and protocols.
Article 1 of the UDHR—“All human beings are born free and equal in dignity and rights”—clearly enshrines the principle of equality. Article 2, which prohibits distinctions of any kind, further reinforces this. These are moral claims, inalienable and inherent in all human beings by virtue of their humanity. Over time, these claims have been articulated and codified into what we now call human rights, and have been translated into legal rights through national and international law. The basis of such legal rights lies in the consent of the governed—the subjects of these rights.
Human rights are well defined in the following lines: “The values of dignity and equality of all members of the human race, like many other basic principles which underlie what we today call human rights, can be found in virtually every culture and civilization, religion and philosophical tradition.”
Human rights: Comments and interpretations (1948)
The United Nations once designated the International Year of Human Rights “to broaden and deepen human rights learning on the basis of the principles of universality, individuality, interdependence, impartiality, objectivity and non-selectivity, constructive dialogue and cooperation, with a view to enhancing the promotion and protection of all human rights and fundamental freedoms.”
The first article of the UDHR expresses universality through the principle of human dignity. The second article guarantees entitlement to rights without discrimination of any kind. The Preamble recognizes the “inherent dignity and the equal and inalienable rights of all members of the human family” as the foundation of freedom, justice, and peace in the world.
In Nepal, the culture of human rights is relatively new. The National Human Rights Commission (NHRC) was established in 2000 as a statutory body under the Human Rights Commission Act of 1997. Its responsibilities, now constitutionally mandated by the Constitution of Nepal (2015), complement the work of the Supreme Court, the Office of the Attorney General, and other judicial and quasi-judicial bodies.
The Commission was founded in line with the 1991 UN-sponsored Paris Principles, a detailed set of guidelines on the status of national institutions. These principles, endorsed by the UN Commission on Human Rights (1992) and the UN General Assembly (1993), became the foundation for the NHRC’s establishment. As per Article 248 and 249 of the Constitution of Nepal, the NHRC is meant to function as an independent and autonomous constitutional body.
Every year on Dec 10, the world observes International Human Rights Day, a reminder of the inherent dignity and equal rights of all members of the human family. The United Nations first recognized the day universally in 1950. Yet, it is regrettable that human rights violations persist in many forms.
The commemoration of this day reminds us that human rights must never be violated. The principles of the UDHR, adopted in 1948, remain crucial to creating a more just and rights-friendly world. However, violations continue, and the struggle for human dignity remains urgent. Discrimination based on caste, religion, gender, and disability persists across the world. While constitutions guarantee human rights, implementation often falls short. Even the Human Rights Commissions, which are tasked with addressing these issues, sometimes fail to respond adequately. Gender-based violence, domestic abuse, sexual exploitation, and human trafficking remain widespread—dark stains on humanity’s conscience.
The UDHR is reinforced by two essential covenants adopted in 1966—the ICCPR and the ICESCR—which clarify and enact the rights it proclaims. Today, new challenges such as climate change threaten the realization of human rights globally. World leaders must unite to address discrimination, inequality, and violence of all kinds. Human rights have become a global concern, essential for building a just and peaceful world. The core message of commemorating the 76th International Human Rights Day and the UDHR should be the vision of a discrimination-free world.
The KP Oli government is fully responsible for Monday’s massacre. I was an eyewitness at the Civil Hospital in New Baneshwar from 12 noon to 7 in the evening, while under curfew. I had gone there for a routine check of my wife’s poor health. Tear gas smoke filled the hospital premises, yet the doctors and nurses continued administering first aid to the wounded protesters. Some, gravely injured, had to be treated on the ground as the emergency ward overflowed. The indiscriminate use of force by security personnel was a gross violation of human rights. Meanwhile, human rights watchdogs failed to monitor effectively. No commissioner was present on the ground; instead, they remained in air-conditioned rooms issuing press statements.
Thus, the NHRC was negligent in monitoring the human rights situation. The demands of GenZ are genuine, yet the government has shown total indifference to the gross violations committed against protesters in today’s context.