Thus, whether a state has accepted international human rights norms, laid down in conventions, is relevant but not the only decisive factor: human rights, as formulated in the UDHR, have become a matter of international concern and do not fall within the exclusive jurisdiction of states. Remarkable as it may seem, therefore, while the classic human rights had been acknowledged long before social rights, the latter were first embodied in international regulations. The instrumental theories bring out ‘how’, ‘when’, and ‘where’ of the problems. In this category are included the rights to Power, a Right to Just Distribution of wealth, the Right to Economic and Social Development, the Right to participate in the process of Development, the Right to peace. The Bern Convention of 1906 prohibiting night-shift work by women can be seen as the first multilateral convention meant to safeguard social rights. Definition and classification of Human rights Human Rights is not moral or philosophical principles, it is law. One important implication of these characteristics is that human rights must themselves be protected by law (�the rule of law�). The first real step towards protecting human rights in the modern world came with the Universal Declaration of Human Rights, created by the United Nations to define the idea of human rights. The provisions of the Declaration of Independence were adopted by other American states, but they also found their way into the Bill of Rights of the American Constitution. The concept of �civil liberties� is commonly known, particularly in the United States, where the American Civil Liberties Union (a non-governmental organisation) has been active since the 1920s. The Assembly adopted the Declaration in Paris on 10 December 1948. Firstly, economic, social and cultural rights - historically demoted to an inferior status with limited protection - are now finally on an equal footing with civil and political rights. Human rights in this category are generally referred to as �fundamental freedoms�. Essentialism is the view that kinds are defined by underlying properties or characteristics (an essence) that is shared by all category members and by members of no other categories and that are presumed to generate, or cause, perceptual features. Classification of Human Rights The term ‘human rights’, is used to denote a broad spectrum of rights ranging from the right to life to the right to a cultural identity. Among the former, the work of Francisco de Vitoria (1486-1546) and Bartolom� de las Casas (1474-1566) should be highlighted. Normative dialogue/overlapping consensus 246 6.3.2. Obligations to respect:�In general, this level of obligation requires the state to refrain from any measure that may deprive individuals of the enjoyment of their rights or of the ability to satisfy those rights by their own efforts. The indivisibility of human rights implies that no right is moreimportant than any other. Also relevant when considering the universality of human rights is the increasing number of ratifications of international human rights conventions. These principles were drawn up in 1986 by a group of independent experts, and followed in 1997 by the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights. These conflicts led to several humanitarian interventions and calls for international protection arrangements. Fortunately, continuous declarations at the international level on the indivisibility and interdependency of all rights have finally been codified by way of the recently adopted Optional Protocol to the ICESCR. Obligations to fulfil:�This level of obligation requires the state to take measures to ensure, for persons within its jurisdiction, opportunities to obtain satisfaction of the basic needs as recognised in human rights instruments, which cannot be secured by personal efforts. In their Declaration of 21 July 1986, they affirmed that �the promotion of economic, social and cultural rights as well as of civil and political rights is of paramount importance for the full realisation of human dignity and for the attainment of the legitimate aspirations of every individual.�. What is Freedom of Opinion and Expression? Business registration. These two Covenants together with the UDHR form the International Bill of Human Rights. Human rights are the bedrock principles which underpin all societies where there is rule of law and democracy. Thirdly, the existence of a potential �remedy� at the international level will provide an incentive to individuals and groups to formulate some of their economic and social claims in terms of rights. Empowerment 250 6.3.3. French Jurist Karel Vasak has classified Human Rights as under : The Universal Declaration of Human Rights (UDHR), 1948. This could amount to a violation of the prohibition of use of force, as laid down in the UN Charter (Article 2(4)). Human rights are commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being. On the second basis, they are constitutional or legal. The economic and social rights are listed in Articles 22 to 26 UDHR, and further developed and set out as binding treaty norms in the ICESCR. In other words, classic rights entail an obligation for the state to refrain from certain actions, while social rights oblige it to provide certain guarantees. Human rights differ from other rights in two respects. As several commentators note, the right to food includes the right for everyone to procure their own food supply without interference; the right to housing implies the right not to be a victim of forced eviction; the right to work encompasses the individual�s right to choose his/her own work and also requires the state not to hinder a person from working and to abstain from measures that would increase unemployment; the right to education implies the freedom to establish and direct educational establishments; and the right to the highest attainable standard of health implies the obligation not to interfere with the provision of health care. Ethics Systematic Study of moral Conduct. Another example is the organisation of elections, which also entails high costs. Some human rights experts claim that the United Nations Security Council should decide that a certain human rights situation poses a threat to international peace and security and on the basis of that decision authorise military action for humanitarian purposes, undertaken under the auspices of the UN. The Enlightenment was decisive in the development of human rights concepts. The rights of first generation emerged in search of promoting freedom and minimizing the intervention of the powerful in the private life of people. What is the right to an effective remedy? Obligations to protect:�This level of obligation requires the state to prevent violations of human rights by third parties. The indivisibility of human rights implies that no right is moreimportant than any other. Man/woman came to be seen as an autonomous individual, endowed by nature with certain inalienable fundamental rights that could be invoked against a government and should be safeguarded by it. The Second World War constituted a turning point in the way the international community regards its responsibility for the protection of and respect for human rights. The Vienna Declaration confirms the right to development as a collective as well as an individual right, individuals being regarded as the primary subjects of development. 30, 2008, pp. Classification of Human Rights [ Universal Declaration of Human Rights (UDHR), 1948]. Human rights are held by all persons equally, universally, and forever. The term �civil rights� is often used with reference to the rights set out in the first eighteen articles of the UDHR, almost all of which are also set out as binding treaty norms in the ICCPR. They include the right to life, liberty or non-slavery and torture.Human rights are grouped into 2 main types.-Civil and Political Rights: they protect individual liberties and guarantee thatany citizen can participate in social and political life on an equal basis and without discrimination-Economic, Social and Cultural Rights: These are socio-economic rights, which include the right to decent housing, food or work, It is a fantastic post – immense clear and easy to understand. CLASSIC AND SOCIAL RIGHTS. This day was later designated Human Rights Day. The idea of basic rights originated from the need to protect the individual against the (arbitrary) use of state power. What do you understand under the philosophy of human rights and the reality of moral theories ABSTRACT The idea of human rights came up as early as 539 BC when the armies of Cyrus the great who was the king of ancient Persia conquered the city of Babylon and he freed all the slaves and gave them the right to chose a religion of their choice. In March 2010, the ICESCR had been ratified by 160 states and the ICCPR by 165 states. 2 slow to examine human rights as they are conceived in international law and politics.5 There was growing philosophical work on basic moral or natural rights,6 and also on the very nature of rights,7 but much less on the human rights of the emerging human rights … The alleged dichotomy between civil and political�rights,�and�economic, social� and� cultural rights. A Theory of Human Rights Freedom is the goal rather than the ground of human rights. During the 1950s and 1960s, more and more countries joined the UN. The universality of human rights has been, and still is, a subject of intense debate, including in anticipation of, during and after the 1993 World Conference on Human Rights. Propriertorship Registration / Shop Act; Partnership Registration Human rights can only play a central role in international politics if they are universally applicable. One of the first such arrangements was the Treaty of Berlin of 1878, which accorded special legal status to some religious groups. In the centuries after the Middle Ages, the concept of liberty became gradually separated from status and came to be seen not as a privilege but as a right of all human beings. The only third generation right which so far has been given an official human rights status - apart from the right to selfdetermination, which is of longer standing - is the right to development (see the Declaration on the Right to Development, adopted by the UNGA on 4 December 1986, and the 1993 Vienna Declaration and Programme of Action (Paragraph I, 10)). CHAPTER 2 Concepts, Theories, and Classifications 39 “We talked about the tensions of fitting people (staff or clients) to the agency, or the agency to people, downsizing some programs to save others, changing some of the agency’s procedures to reduce the times it takes to make needed changes. Finally, the possibility of an adverse �finding� of the Committee on Economic, Social and Cultural Rights will give economic, social and cultural rights salience in terms of the political concerns of governments; which these rights largely lack at present. Article 28 of the Universal Declaration of Human Rights, 1948 says that  Every person is entitled to such social and international system in which all the rights and freedoms are made available to him fully. The traditional (broad) interpretation of the principle of national sovereignty has thus been limited in two crucial, and related, respects. This caselaw, at the national and international level, suggests a potential role for creative and sensitive decisions of judicial and quasi-judicial bodies with respect to these rights. On the other hand, economic, social and cultural rights are considered to be expressed in vague terms, imposing only positive obligations conditional on the existence of resources and therefore involving a progressive realisation. Many international fora have elaborated on the indivisibility and interdependency of human rights. Committee for the Elimination of Racial Discrimination, Committee on the Elimination of Discrimination Against Women, International Tribunal for Former Yugoslavia, African Commission on Human and Peoples' Rights, General Comments, Special Issue Papers and UN Fact Sheets, Notes on Iceland's Fourth periodic report on implementation of the International Covenant on Civil and political rights Pursuant to Article 40 of the Covenant, Notes on Iceland's Combined Seventeenth and Eighteenth Periodic Reports on Implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, Notes on Iceland's Third Periodic Report on the Implementation of the Convention Against Torture, Notes on Iceland's Sixth Periodic Report on the Implementation of the Convention on the Elimination of All Forms of Discrimination Against Women. From this group, a further set of �physical integrity rights� has been identified, which concern the right to life, liberty and security of the person, and which offer protection from physical violence against the person, torture and inhuman treatment, arbitrary arrest, detention, exile, slavery and servitude, interference with one�s privacy and right of ownership, restriction of one�s freedom of movement, and the freedom of thought, conscience and religion. Human Rights Quarterly, Vol. Together, these documents provide a clear explanation of the nature of the state party obligations under the ICESCR. The early 1980s gave rise to a useful definition of the obligations imposed by human rights treaties, which blurred the sharp dichotomy between economic, social and ultural rights, and civil and political rights. Another group of civil rights is referred to under the collective term �due process rights�. Economic necessity forced the states to consult each other. Its recognition occurred in the 18th century. As noted above, during the 1950s and 1960s, more and more countries became independent and joined the UN. The distinction between interference and intervention is relevant: the fact that the principle of noninterference does not apply to human rights questions does not mean that states may react to human rights violations by making use of military means. Over the years, economic, social and cultural rights have been re-examined and their juridical validity and applicability have been increasingly stressed. In the event of violation of a rule of law, the society imposes a planned sanction. Human rights are the rights a person has simply because he or she is a human being. The three levels of obligation encompass both civil and political rights and economic, social and cultural rights, blurring the perceived distinction between them. The Vienna Declaration and Programme of Action, the results of the 1993 Second World Conference on Human Rights (which was attended by 171 states), once more endorsed and underlined the importance of the UDHR. ������������������������������������� 4. The third chapter discusses different moral theories of human rights using the insights of Chapter Two as background conditions, and thereby answers the second and third question. They also include freedom of thought, conscience and religion, as well as the right to suitable nutrition, clothing, shelter and medical care, and other essentials crucial to physical and mental health. As a consequence of these alleged differences, it has been argued that civil and political rights are justiciable whereas economic, social and cultural rights are not. Civil liberties refer primarily to those human rights which are laid down in the United States Constitution: freedom of religion, freedom of the press, freedom of expression, freedom of association and assembly, protection against interference with one�s privacy, protection against torture, the right to a fair trial, and the rights of workers. �Classic� rights are often seen to require the non-intervention of the state (negative obligation), and �social rights� as requiring active intervention on the part of the state (positive obligations). They reside inherently in the Individual human being independent of, and even prior to his participation in the society. ����������������������������������� 3. The Universal Declaration of Human Rights (UDHR), 1948 Article 22 to Article 27 provide for Economic, Social and Cultural Rights which Include the Right to Work, the Right to Social Security, the Right to Protection Against Unemployment, the Right against slavery and exploitation, the Right to Good Living, the Right to Education and the Right to health services. Attention was therefore initially focused on those rights which oblige governments to refrain from certain actions. Specifically, in 1980, Henry Shue proposed that for every basic right (civil, political, conomic, social and cultural) there are three types of correlative obligations: �to void depriving�, �to protect from deprivation� and �to aid the deprived.�. - The freedom of peaceful assembly and association… It is interrelated, interdependent and indivisible.There are several theories which are relevant to the concept of human rights such as, 1. Both the American and French Declarations were intended as systematic enumerations of these rights. They involve all elementary preconditions for a dignified human existence. ���������������������������������������������Civil liberties. In more recent years, this argument has lost ground when human rights are at stake. It was, however, only after the Second World War that politicians and civil society alike came to realise that national schemes for the protection of human rights did not suffice. These rights can be ordered and specified in different ways. One must make a distinction between two types of rights, which are usually called collective rights: individual rights enjoyed in association with others, and the rights of a collective. Theories and Histories of Human Rights. One classification used is the division between �classic� and �social� rights. Consequently, they are the result of recognition by the State, but they are logically independent of the legal system for their existence. Rights are the products of social living. 194-204. Another typical example is the Convention of the Elimination of All Forms of Racial Discrimination (CERD), which obliges states to prevent racial discrimination between human beings. The UDHR lists cultural rights in Articles 27 and 28: the right to participate freely in the cultural life of the community, the right to share in scientific advancement and the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which one is the author (see also Article 15 ICESCR and Article 27 ICCPR). The adoption of the Optional Protocol on the 60th anniversary of the UDHR, on 10 December 2008, represents an historic advance for human rights. These two categories of rights have been seen as two different concepts and their differences have been characterised as a dichotomy. Although human rights have been classified in a number of different manners it is important to note that international human rights law stresses that all human rights are universal, indivisible and interrelated (e.g., Vienna Declaration and Programme of Action (1993), para. Double responsibility 253 6.4. The UN Charter explicitly proclaimed human rights to be a matter of legitimate, international concern: �[...] the United Nations shall promote [...] universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion� (Article 55); and �All Members pledge themselves to take joint and separate action in co-operation with the Organisation for the achievement of the purposes set forth in Article 55� (Article 56).�. In the Age of Enlightenment (18th century) the concept of human rights emerged as an explicit category. The ideas of Hugo Grotius (1583-1645), one of the fathers of modern international law, of Samuel von Pufendorf (1632-1694), and of John Locke (1632-1704) attracted much interest in Europe in the 18th century. They are neither derived from the social order nor conferred upon the individual by the society. Can justice and peace be pursued in tandem? Since other classifications are also used, these will likewise be reviewed, without claiming, however, that these categorisations reflect an international consensus. Since the 1950s, the UDHR has been backed up by a large number of international conventions. These participation rights are generally considered to belong to the category of fundamental rights, being essential preconditions for the protection of all kinds of basic human rights. Freedom of association and assembly, freedom of religion and, more especially, the freedom to form or join a trade union, fall into this category. The Proclamation stated: �The Universal Declaration of Human Rights states a common understanding of the peoples of the world concerning the inalienable and inviolable rights of all members of the human family and constitutes an obligation for the members of the international community.�. These rights provide the conditions necessary for prosperity and wellbeing. ������������������������������� ������� �Economic and social rights. Applied ethics Study of special issues-business ethics Scope: specific human action. It stated that the UDHR 'constitutes a common standard of achievement for all peoples and all nations�, using the language of the Declaration itself. The EU and its member states also explicitly accept the right to development as part of the human rights concept. I am also holding out for the sharks too that made me laugh. To justify this claim most theories rely on the idea of human dignity. OTHER CLASSIFICATIONS, ������������������������������������������������ Freedoms. Other criteria of classification are time-order, generality, scope, and structure. Since the end of World War II, the core importance of human rights has been universally acknowledged. The division of human rights into three generations was first proposed by Karel Vasak at the International Institute of Human Rights in Strasbourg. Although human rights have been classified in a number of different manners it is important to note that international human rights law stresses that all human rights are universal, indivisible and interrelated (e.g., Vienna Declaration and Programme of Action (1993), para. Increasingly, the terms �elementary�, �essential�, �core� and �fundamental� human rights are being used. This lecture Human rights have also been receiving more and more attention at the regional level. The Vienna document itself states that the universal nature of human rights is �beyond question�. 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) to the UN General Assembly (UNGA). During the last decade, we have witnessed the development of a large and growing body of caselaw of domestic courts concerning economic, social and cultural rights. B) Every agreement is a contract. Human rights were henceforth seen as elementary preconditions for an existence worthy of human dignity. Haspel 2005, p 19) They are rights that human beings have just because they are human. HRE related to human rights theories 245 6.3.1. “All human beings are born free and equal in dignity and rights. Scope: General moral science. human rights mechanisms and used by a growing number of governmental and non-governmental actors. These pertain, among other things, to the right to a public hearing by an independent and impartial tribunal, the �presumption of innocence�, the�ne bis in idem�principle (freedom from double jeopardy) and legal assistance (see,�e.g., Articles 9, 10, 14 and 15 ICCPR). At the same time, many supervisory mechanisms have been created, including those responsible for monitoring compliance with the two Covenants (see II�1.C). Traditionally it has been argued that there are fundamental differences between economic, social and cultural rights, and civil and political rights. The principle of equality and non-discrimination, as stipulated in Article 2 of the Declaration, is the cornerstone of the human rights protection system, enshrined in every human rights instrument, stipulating that; Moreover, this right plays an essential role in the realisation of economic, social and cultural rights. Human rights are commonly understood as being those rights which are inherent in the mere fact of being human. The course begins with an introductory account of the general idea of human rights and of the history of the idea from ancient Greek origins and the Enlightenment to contemporary understandings. The origins of human rights may be found both in Greek philosophy and the various world religions. The Charter contains a number of articles specifically referring to human rights (see II�1.A). These include all the rights which concern people�s primary material and non-material needs. Efficiency of justice: providing final judgements within a reasonable time, An Independent, Impartial and Competent Tribunal, Respect for the Rights of the Parties to a Trial, Notably in Defence. Economic rights refer, for example, to the right to property, the right to work, which one freely chooses or accepts, the right to a fair wage, a reasonable limitation of working hours, and trade union rights. (cf. This critique of the idea of universal rights was prominent in the work of Marx, Durkheim and Weber. If these are not provided, no human being can lead a dignified existence. The term �human rights� is used to denote a broad spectrum of rights ranging from the right to life to the right to a cultural identity. CLASSIFICATION OF HUMAN RIGHTS Human rights can be classified in a number of different ways. Civil and Political Rights under Article 2 to 21. The above analysis demonstrates that there is little difference in the nature of state obligations in regard to different human rights. The American Declaration of Independence of 4 July 1776 was based on the assumption that all human beings are equal. According to this view, civil and political rights are considered to be expressed in very precise language, imposing merely negative obligations which do not require resources for their implementation, and which therefore can be applied immediately. Taking into account the principle of equality as contained in the French Declaration of 1789, several constitutions drafted in Europe around 1800 contained classic rights, but also included articles which assigned responsibilities to the government in the fields of employment, welfare, public health, and education. General Principles Relevant to International Law, Alteration of Human Rights Treaty Obligations, International Supervisory Mechanisms for Human Rights, The Organization for Security and Cooperation in Europe, The Right to Freedom of Expression and Religion, The Right to an Adequate Standard of Living, The Right to Equality and Non-discrimination, The Human Rights Protection of Vulnerable Groups, Lesbian, Gay, Bisexual and Transgender Persons, Administration of Justice and Protection to Persons Subject to Detention or Imprisonment, Organization for Security and Co-operation in Europe, Rome Statute of the International Criminal Court, Statute of the International Court of Justice, Statute of the International Criminal Tribunal for Rwanda, Statute of the International Criminal Tribunal for the Fromer Yugoslavia, Complaints Procedures of the International Human Rights Supervisory Bodies, How to bring a complaint about Human Rights Violations, African Commission on Human and Peoples� Rights, Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, Substantive Rights Protected By International Human Rights Instruments (ICCPR, ACHR, ECHR, ACHPR*), Comparative Analysis of Selected Case-Law ACHPR, IACHR, ECHR HRC, The Right Not to Be Arbitrarily Killed by the State, Positive Obligations Imposed by the Right to LIfe, The Right to Equality and Non-Discrimination, The Right to Equal Protection and The Prohibition of Discrimination, Concept and Importance of the Principle of Non-Discrimination, The Principle of Non-Discrimination as a Vehicle for the Protection of Economic, Social and Cultural Rights, The Right to Freedom from Torture, or Cruel, Inhuman or Degrading Treatment or Punishment, Mental distress as torture or ill-treatment, Extradition, Expulsion, Deportation and Refoulement, Duty to Investigate Allegations of Torture and Ill-Treatment, The Prohibition of Torture and Ill-Treatment and the Right to an Effective Remedy, Right to Maternal, Child and Reproductive Health, The Right to Prevention, Treatment and Control of Diseases, Right to Health Facilities, Goods and Services, The Right to Respect for Private and Family Life, Major Requirements: Lawfulness and Proportionality, Interference Leading to Limitation in the Enjoyment of Property, Interference leading to deprivation or affecting enjoyment, Various aspects related to the interpretation of property rights, Absence of Protection Under the United Nations System, The Right to Freedom of Opinion and Expression. 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