Define: Core Rights

Core rights refer to the fundamental rights and freedoms that are inherent to all individuals, regardless of their nationality, race, gender, or any other characteristic. These rights are often protected by law and are essential for the dignity, equality, and well-being of every person.

Some examples of core rights include the right to life, liberty, and security of person; the right to equality before the law; the right to freedom of thought, conscience, religion, and expression; the right to a fair trial; and the right to be free from torture, cruel, inhuman, or degrading treatment or punishment.

While core rights are considered fundamental and essential, they are not absolute. They may be subject to certain limitations or restrictions in certain circumstances, such as to protect public safety, national security, or the rights and freedoms of others. However, any limitations imposed on core rights must be reasonable, proportionate, and prescribed by law.

The responsibility for protecting core rights lies with the government and its institutions. Governments are obligated to respect, protect, and fulfill the core rights of individuals within their jurisdiction. Additionally, international human rights bodies and organisations play a crucial role in monitoring and advocating for the protection of core rights globally.

In exceptional circumstances, such as during emergencies or crises, core rights may be temporarily limited to ensure public safety or protect the common good. However, such limitations must be strictly necessary, proportionate, and time-limited. Governments must provide justification for any restrictions imposed on core rights and ensure they do not disproportionately infringe upon individuals’ rights.

Core rights are considered inherent and inalienable, meaning they cannot be waived or voluntarily given up by individuals. Even if someone consents to the violation of their core rights, such consent is generally not valid or enforceable. Governments have a duty to protect core rights, regardless of an individual’s consent.

If core rights are violated, individuals may seek legal remedies to address the violation. This can include filing complaints with human rights commissions or ombudsman offices, pursuing civil litigation, or seeking redress through international human rights mechanisms. The specific remedies available will depend on the jurisdiction and the nature of the violation.

No, core rights cannot be restricted based on a person’s characteristics such as their race, gender, religion, or nationality. Core rights are universal and apply to all individuals equally, without discrimination. Any differentiation or limitation based on these characteristics would be considered discriminatory and a violation of core rights.

While national security is a legitimate concern, any limitations on core rights in the interest of national security must be strictly necessary, proportionate, and prescribed by law. Governments must balance the need for security with the protection of core rights, ensuring that any restrictions imposed do not unduly infringe upon individuals’ rights.

In some exceptional circumstances, a state of emergency may be declared, allowing for temporary suspension or limitation of certain rights. However, even during a state of emergency, core rights such as the right to life, freedom from torture, and the right to a fair trial are typically considered non-derogable, meaning they cannot be suspended or limited under any circumstances.