Summarised Notes on Nature and Development of Human Rights

Resource Description

Nature and Development of Human Rights

The Definition of Human Rights 

“Define human rights”

Human rights belong to an individual automatically and without distinction, as a result of them being human.

The core characteristics of human rights were recognised by the international community in the Universal Declaration of Human Rights. There are many definitions as to what defines human rights. However, there are 5 terms that can apply to them.

Human rights are broad and varied and numerous different rights are recognised in the UDHR. For example:

• The right to freedom from slavery
• The right to universal suffrage
• The right to universal education for all children

Individual Human Rights: Possessed by all people in their own right. There are two types: civil and political (first generation rights that deal with the freedom of individuals/nations), and economic, social and cultural (second generation rights that deal with the material and cultural wellbeing of people)

Collective Human Rights: Those that belong to a distinct group of people and are exercised on behalf of the community, e.g. self-determination, peace, environmental

 

Developing Recognition of Human Rights

“Outline how human rights have changed and developed over time”
“Investigate the evolving recognition and importance of universal human rights”

Abolition of Slavery

• Ideals of abolishing slavery were taken into account during the French and American revolutions
• Protestants also saw slavery as something that went against their religion
• Now, no human can be owned by another, yet this international perspective is violated through 27 million people enslaved worldwide

 

Trade Unionism

• Trade Unions are associations that protect the rights of workers

• The French revolution and fear of social revolution in Britain implied that all power was invested with employers who created the conditions of employment that were appropriate for their economic interests

• As a result, employees were unfairly treated and given poor working standards

• It was hence pressured that wages were increased and conditions improved

• The Australian Labor Party is much more focused on protecting the rights of labourers and workers

• In the UDHR, Article 23 and 24 deal with labour and trade union rights

• The International Labour Organisation (ILO) looks at changing the social policy for workers

• Today, there are better conditions and the right to organise trade unions is permissible. There is a focus on minimum wage, working conditions, and working hours. Some regions (like China and the Middle-East) however, still forbid trade unions, thinking they are trying to overthrow the government

 

Universal Suffrage

• Suffrage refers to the right to vote
• In early Australia, only certain citizens were allowed to vote: they must be male and very wealthy. These conditions were enforced by the Legislative Council of 1842
• Women were eventually given the right to vote from 1894-1908
• Suffrage for the federal parliament was won in 1902
• The right to vote is protected in Article 21 of the UDHR
• Aboriginals were allowed to vote following the reformation of the Commonwealth Electoral Act 1918 in 1962

Universal Education

• Any kind of education was rare before the 19th century
• Australian colonies passed various Acts in the 1870s making education free and compulsory for all
• Education was still limited to particular groups and classes. Women were only educated in home duties
• The UN recognised that education is essential, with the right to education being protected under Article 26 of the UDHR, making fundamental literacy and numeracy free

Right to Self-Determination

• The right of people to have at least partial control over their land
• Allows minority groups the right to have some control over their land, while still being part of the nation
• The second half of the 20th century was a period of decolonisation (breaking up larger empires by granting colonies independence) in Asia, Africa, and the Pacific

Environmental Rights

• These rights concern all of humankind rather than the protection of individual human rights
• They protect the rights for future generations to enjoy the same level of environmental quality as the present generation; this is known as intergenerational equity
• The Stockholm Declaration 1972 and the Rio Declaration 1992 were important towards moving the world to a more sustainable future

Peace Rights

• There was no recognition of piece in ancient societies
• Overtime, technological advances have greatly caused a greater devastation that wars cause. Peaceful resolutions to disputes were greatly sought after
• Establishments like the United Nations (which replaced the League of Nations) helped provide an international forum working to world peace
• The Charter of the United Nations 1945 identifies peace as one of its main objectives. Article 2 states that member states were to settle disputes by peaceful means
• Under the Charter, the Security Council was established, which seeks to create peace around the world and settle war disputes
• A non-binding resolution in 1984 asserted the right of peoples to peace

Normal Statements of Human Rights

“Examine major human rights documents and explain their contribution to the development of human rights”

• International rights are derived through two key areas:

• International Customary Law: Those customs that the majority of the world’s nations accept as being lawful