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Introduction
Historical background of human rights
Definition of human rights
Special features of human rights
List of some universal rights
Generations of rights
State responsibility for human rights
Debates on human rights
Human rights are basic to humanity. They
apply to all people everywhere.
An understanding of human rights is an
important part of
our individual status as human beings and
our collective status as members of the global
community of humankind.
The belief that everyone, by virtue of her or
his humanity, is entitled to certain human
rights is fairly new.
Its roots lie in earlier traditions and
documents of many cultures.
The concepts of ethical behavior, justice and
human dignity have been important in the
development of human societies.
The Hindu Vedas, the Babylonian Code of
Hammurabi, the Bible, the Quran, and the
Analects of Confucius, Tripitaka are some of
the oldest written sources which address
questions of peoples duties, rights, and responsibilities.
All societies, whether in oral or written
tradition, have had systems of propriety and
justice as well as ways of tending to the
health and welfare of their members.
Concepts of ethics, justice and dignity are central to Buddhism,
Christianity, Hinduism, and Islam.
Buddhism
Respect for all lives and high level of compassion
Selfless attitude to attain enlightenment
Christianity
Universal ethics: morality and mutual respect to serve God.
Respect for others Do unto others as you would have them do unto you.
Islam
Lifting the burdens of the less fortunate
The Qur-an speaks to justice, freedom, mercy, compassion and
respect for all human beings.
In 6th century BC, Cyrus the Great, the first king
of ancient Persia, conquered the city of Babylon.
He freed the slaves, declared that all people had
the right to choose their own religion, and
established racial equality.
These rights were recorded on the Cyrus
Cylinder, now recognized as the worlds first charter of human rights.
The UN has declared it to be an "ancient
declaration of human rights" since 1971,
approved by then Secretary General Sithu U
Thant.
An important strand in this thinking was that
there was a Roman concept of natural law individuals tented to follow certain rights and law based on rational ideas from
the nature.
Natural law is the theory or belief that
certain rights exist independently of any
government's granting of those rights.
Examples of natural law:
Right to be free
Right to think
Right to enjoy natural resources
Right to defend yourself
Documents asserting individual rights, such
as the Magna Carta (1215), the Petition of
Right (1628), the English Bill of Rights (1689),
the US Constitution (1787), the French
Declaration of the Rights of Man and of the
Citizen (1789) are the written precursors to
many of todays human rights documents.
The atrocities of World War I & II put an end
to the traditional view that states have
full liberty to decide the treatment of
their own citizens.
The signing of the UN Charter on 26 June
1945 brought human rights within the sphere
of international law. In particular, all UN
members agreed to take measures to protect
human rights.
The Charter contains a number of articles
specifically referring to human rights. Less
than two years later, the UN Commission on
Human Rights (UNCHR), established early in
1946, submitted a draft Universal Declaration
of Human Rights (UDHR).
The UN General Assembly (UNGA) adopted
the Declaration in Paris on 10 December
1948. This day was later designated Human
Rights Day.
During the 1950s and 1960s, more and more
countries joined the UN. Upon joining they
formally accepted the obligations contained
in the UN Charter, and doing so subscribed to
the principles and ideals laid down in the
UDHR.
Since the 1950s, the UDHR has been backed
up by a large number of international
conventionsmost significantly ICCPR and ICESCR.
At the same time, many supervisory
mechanisms have been created, including
those responsible for monitoring compliance
with the two Covenants.
Religious ideas
The Hindu, the Bible,
the Koran, the Code
of Hammurabi and
the Analects of
Confucius address
questions of
peoples duties, rights, and
responsibilities
.
Written documents
asserting individual
rights,
- the Magna Carta
(1215),
- the Petition of Right
(1628),
-the French
Declaration on the
Rights of Man and
Citizen
(1789),
-the US Constitution
and Bill of
Rights (1791)
On December 10,
1948,
the Universal
Declaration
of Human Rights
(UDHR) was adopted
by the 58 members
of the UN.
There is no universally agreed definition of
human rights.
The concept of human rights is continually
evolving along side with the human society.
Rights are related to the values that societies
live by.
These values have their origins in the worlds greatest religions and philosophies.
Jack Donnelly (2003)
Human rightsthe right of manare, literally, the rights that one has because one is human.
The concept of human rights acknowledges
that every single human being is entitled to
enjoy his or her human rights without
distinction as to race, color, sex, language,
religion, political or other opinion, national
or social origin, property, birth or other
status.
The following are some of the most
important characteristics of human rights.
Universal
Inalienable
Inherent
Indivisible and interdependent
Equal and non-discriminatory
The right to life, liberty and security of person
The right to health
The right to a fair trial
The right to vote
The right to equal protection of the law
The right to just and favorable working conditions
The right to food, adequate housing and social security
The right to education
The right to a nationality
The right to be presumed innocent until proved guilty
The right to recognition everywhere as a person before the law
The right to an effective judicial remedy
The right to marry and to found a family
The right to take part in the government
Freedom from slavery and servitude
Freedom from torture and cruel, inhumane or degrading treatment or punishment
Freedom from arbitrary arrest, detention or
exile
Freedom of movement
Freedom of assembly and association
Freedom of thought, conscience and religion
Generations of rights were proposed by Karel
Vasak (Czech) at the International Institute
of Human Rights in 1979.
This division is influenced by the French
Revolution (1789) with the adoption of the
French Declaration.
It is based on the main principles of the
French Revolution: Liberty, Equality and
Fraternity (brotherhood).
1st generation (civil and political rights in
nature)
2nd generation (economic, social and cultural
rights in nature)
3rd generation (collective rights)
The obligation to respect
State must refrain from interfering with or
curtailing the enjoyment of human rights.
The obligation to protect
State must protect individuals and groups against
human rights abuses.
The obligation to fulfill
State must take positive actions/measures to
facilitate the enjoyment of human rights.
Western concept?
Universalism vs. Cultural relativism?