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

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 respect

obligation to fulfill

State must take positive actions/measures to

facilitate the enjoyment of human rights.

 Western

concept?
Universalism vs. Cultural relativism?