Detailed Human Rights Notes

Resource Description

 

Themes and Challenges:

 

• the changing understanding of the relationship between state sovereignty and human rights 

• issues of compliance and non-compliance in relation to human rights 

• the development of human rights as a reflection of changing values and ethical standards 

• the role of law reform in protecting human rights 

• the effectiveness of legal and non-legal measures in protecting human rights.

• The nature and development of human rights:

The definition of human rights: 

• A right is something to which you are entitled. 
• There are moral rights, customary rights, legal rights, human rights, domestic right and international rights. 
• Human rights are fundamental rights. They are things to which every human being is entitled for just being a human being. 

 

• Universal: To be enjoyed by all individuals regardless of their nationality, gender, race or status.
• Indivisible: That is, all human rights are equally important.
• Inherent: The birthright of all humans and are to be enjoyed by all people simply by reason of their humanity.
• Inalienable: People cannot agree to give them up or have them taken away. 

 

• The indivisibility and universally of human rights is recognised in the Charter of the United Nation 1945 and in the Universal Declaration of Human Rights 1948. 

 

Types of human rights: 

There are three types of human rights:

 

Civil and Political Rights 

Civil and political rights are also called ‘first generation’ rights, because they were the first to be recognised historically.

• Civil rights are entitlements belonging to all humans and are to do with being a free citizen of a nation. (For example freedom of thought and freedom of religion).

 

• Political rights are entitlements belonging to all humans and are to do with full participation in government. (For example the right to vote).   

Civil rights and political rights both protect the individual from the arbitrary exercise of power by the state. These rights are set out in Article 3 to 21 of the Universal Declaration of Human Rights 1948 and in the International Covenant of Civil and Political Rights (ICCPR) 1966.

These rights are: 

• The right of life, liberty and security of person
• The right to freedom from slavery 
• The right to freedom from torture or cruel, inhuman treatment
• The right to self-determination
• The right to recognition everywhere as person before the law
• The right to equality before the law

 

Economic, Social and Cultural Rights: 

Known as second generation rights, they are concerned with the material and cultural wellbeing of people. They usually require government action. 

• Economic rights are the rights concerned with the production development and management of material for the necessities of life.
• Cultural rights are the rights which assist in preserving and enjoying one’s cultural heritage.
• Social rights are rights that give people security as they live and learn together, such as the rights involving schools and other institutions. 

These rights are set out in Articles 23 to 27 of the Universal Declaration of Human Rights 1948 and in the International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966.  

These rights are: 

• Social security (social right)
• Work, and just and favourable conditions of work
• Equal pay for equal work
• Join and form trade unions 
• Rest and leisure
• Education 
• An adequate standard of living
• Enjoyment of the highest sustainable standard of physical and mental health
• Participate in the cultural life of the community