Concepts of Human Rights

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Transcript of Concepts of Human Rights

  • 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?