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The Right To Compensation And Protection Of Human Rights




Tarun Kumar Srivastava, Central University of South Bihar


ABSTRSACT


Human rights are fundamental entitlements that every individual possesses by being human. These rights are universally recognized moral principles that establish standards for human behavior and are often enshrined in both national and international laws. They are considered inherent and inalienable, meaning they cannot be taken away or given up. The right to compensation plays a crucial role in the protection of human rights by serving as a fundamental mechanism for acknowledging violations and providing redress to victims. This concept is rooted in the belief that when human rights are infringed upon, individuals should receive adequate compensation not only as a form of restitution but also as a recognition of the harm suffered. The principle of responsibility implies that the state in violation must make compensation for damages. This is stated in Articles 12 and 13 of the International Covenant on Political and Civil Rights and Article 5, Section 5 of the International Covenant on Social, Economic, and Cultural Rights. However, for it to be truly effective, greater emphasis must be placed on enforcement, awareness, and accessibility. India must continue to strengthen its institutional resolve to ensure that victims of state excesses receive timely, adequate, and meaningful redress.


Keywords: Human Rights, Right to Compensation, Principle of Responsibility, Damages, International Covenant on Political and Civil Rights.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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