MODULE 7

Pre – Reading

1.What do you know about the Human Rights institution in your country?
2.What does the idea of Human Rights suggest?
3.What kinds of Human Rights do you know?

Reading

Human Rights and Freedom of Speech

Human rights are moral principles that set out certain standards of human behaviour, and are
regularly protected as legal rights in national and international rights. They are "commonly
understood as inalienable fundamental rights to which a person is inherently entitled simply
because she or he is a human being." Human rights are thus conceived as universal (applicable
everywhere) and egalitarian (the same for everyone). The doctrine of human rights has been
highly influential within international law, global and regional institutions, in the policies of
statesand in the activities of non-governmental organizations and has become a cornerstone of
public policy around the world. The idea of human rights suggests that, "if the public discourse
of peacetime global society can be said to have a common moral language, it is that of human
rights." The strong claims made by the doctrine of human rights continue to provoke
considerable skepticism and debates about the content, nature and justifications of human rights
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to this day. Indeed, the question of what is meant by a "right" is itself controversial and the
subject of continued philosophical debate.
Many of the basic ideas that animated the human rights movemant developed in the aftermath
of the Second Word War and the atrocities of The Holocost, culminating in the adoption of the
Universal Declorotion of Human Rights in Paris by the United Nations of Assembly in 1948.
The ancient world did not possess the concept of universal human rights. The true forerunner of
human rights discourse was the concept of natural rights which appeared as part of the medieval
Natural Law tradition that became prominent during the Enlightenment with such philosophers
as J. Lock and featured prominently in the political discourse of the American Revolution.
Although ideas of rights and liberty have existed in some form for much of human history,
they do not resemble the modern conception of human rights. According to Jack Donnelly, in the
ancient world, "traditional societies typically have had elaborate systems of duties... conceptions
of justice, political legitimacy, and human flourishing that sought to realize human dignity,
flourishing, or well-being entirely independent of human rights. These institutions and practices
are alternative to, rather than different formulations of, human rights". The modern sense of
human rights can be traced to Renaissans Europe and the Protestant Revolution, alongside the
disappearance of the feudial authoritarianism and religious conservativism that dominated the
Middle Ages. One theory is that human rights were developed during the early Modern period,
alongside the European secularization of Judeo-Christian ethics. The most commonly held view
is that concept of human rights evolved in the West, and that while earlier cultures had important
ethical concepts, they generally lacked a concept of human rights. For example, some argue there
is no word for "right" in any language before 1400. Medieval charters of liberty such as the
English Magna Carta were not charters of human rights, rather they were the foundation and
constituted a form of limited political and legal agreement to address specific political
circumstances, in the case of Magna Carta later being recognised in the course of early modern
debates about rights. One of the oldest records of human rights is the statue of Kaluzes (1264),
giving privileges to the Jewish minority in the Kingdom of Poland such as protection from
discrimination and hate speech.
The World Wars, and the huge losses of life and gross abuses of human rights that took place
during them, were a driving force behind the development of modern human rights instrument.
The League of Nationswas established in 1919 at the negotiations over the Treaty of Versailas
following the end of World War 1. The League's goals included disarmament, preventing war
through collective security, settling disputes between countries through negotiation and
diplomacy, and improving global welfare. Enshrined in its charter was a mandate to promote
many of the rights later included in the Universal Declaration of Human Rights.

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 At the 1945 Yalta Conferanse the Allied Powers agreed to create a new body to supplant the
League's role; this was to be the United Nations. The United Nations has played an important
role in international human-rights law since its creation. Following the World Wars, the United
Nations and its members developed much of the discourse and the bodies of law that now make
up international humanisation law and international huma rights law.
Human rights can be classified and organized in a number of different ways, at an
international level the most common categorisation of human rights has been to split them into
civil and political rights, and economic, social and cultural rights.
The UDHR included both economic, social and cultural rights and civil and political rights
because it was based on the principle that the different rights could only successfully exist in
combination:
The ideal of free human beings enjoying civil and political freedom and freedom from fear
and want can only be achieved if conditions are created whereby everyone may enjoy his civil
and political rights, as well as his social, economic and cultural rights.
This is held to be true because without civil and political rights the public cannot assert their
economic, social and cultural rights. Similarly, without livelihoods and a working society, the
public cannot assert or make use of civil or political rights (known as the full belly thesis).
The indivisibility and interdependence of all human rights has been confirmed by the 1993
Vienna Decloration and Programme of Action .
All human rights are universal, indivisible and interdependent and related. The international
community must treat human rights globally in a fair and equal manner, on the same footing, and
with the same emphasis.
This statement was again endorsed at the 2005 World Summit in New York (paragraph 121).
Although accepted by the signatories to the UDHR, most do not in practice give equal weight to
the different types of rights. Some Western cultures have often given priority to civil and
political rights, sometimes at the expense of economic and social rights such as the right to
work, to education, health and housing. Similarly the ex Soviet bloc countries and Asian
countries have tended to give priority to economic, social and cultural rights, but have often
failed to provide civil and political rights.
The provisions of the United Nations Charter provided a basis for the development of
international human rights protection. The preamble of the charter provides that the members
"reaffirm faith in fundamental human rights, in the equal rights of men and women" and Article
1(3) of the United Nations charter states that one of the purposes of the UN is: "to achieve
international cooperation in solving international problems of an economic, social, cultural, or
humanitarian character, and in promoting and encouraging respect for human rights and for
fundamental freedoms for all without distinction as to race, sex, language, or religion". Article
55 provides that:
The United Nations shall promote:
a) higher standards of living, full employment, and conditions of economic and social progress
and development;
b) solutions of international economic, social, health, and related problems;
c) international cultural and educational cooperation;
d) universal respect for, and observance of, human rights and fundamental freedoms for all
without distinction as to race, sex, language, or religion.

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 Freedom of speech

Freedom of speech is the political right to communicate one's opinions and ideas using one's
body and property to anyone who is willing to receive them. The term freedom of expression is
sometimes used synonymously, but includes any act of seeking, receiving and imparting
information or ideas, regardless of the medium used. In practice, the right to freedom of speech
is not absolute in any country and the right is commonly subject to limitations, as with libel,
slander, obsenity, seditiom (including, for example inciting ethnic hatred), coopyright violation,
revelation of information that is classified or otherwise protected.
The right to freedom of expression is recognized as a human right under Article 19 of the
Universal Decloration of Human Rights and recognized in internarional human rights in the
International Contents of Civil and Political Law (ICCPR). Article 19 of the ICCPR states
that "everyone shall have the right to hold opinions without interference" and "everyone shall
have the right to freedom of expression; this right shall include freedom to seek, receive and
impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in
print, in the form of art, or through any other media of his choice". Article 19 goes on to say that
the exercise of these rights carries "special duties and Responsibilities " and may "therefore be
subject to certain restrictions" when necessary " or respect of the rights or reputation of others"
or "for the protection of national security or of public order (order public), or of public health or
morals".
Freedom of speech may be legally curtailed in some jurisdictions (including some religious
legal system ) where it is found to cause religious or racial offere .
Concepts of freedom of speech can be found in early human rights documents. England’s Bills
of Rights 1659 granted 'freedom of speech in Parliament' and is still in effect. The Declaration
of the Rights of Man and Citizen, adopted during the French Revolution in 1789,
specifically affirmed freedom of speech as an inalienable right. The Declaration provides for
freedom of expression in Article 11, which states that:
"The free communication of ideas and opinions is one of the most precious of the rights of
man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be
responsible for such abuses of this freedom as shall be defined by law."
Article 19 of the Universal Decloration of Human Rights, adopted in 1948, states that:
"Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas through
any media and regardless of frontiers."

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 Today freedom of speech, or the freedom of expression, is recognized in international and
regional human rights law. The right is enshrined in Article 19 of the International Convent of
Civil and Political rights, Article 10 of the European Convention of Human Rights , Article
13 of the American Convention of Human Rights. Based on John MIlton''s arguments,
freedom of speech is understood as a multi-faceted right that includes not only the right to
express, or disseminate, information and ideas, but three further distinct aspects:
the right to seek information and ideas;
the right to receive information and ideas;
the right to impart information and ideas.

Glossary

1.Moral µ³ñá۳ϳÝ, µ³ñáÛ³Ëáë³Ï³Ý

2.Alienable ûï³ñÙ³Ý »Ýóϳ
3.Inherent ѳïáõÏ, Ý»ñѳïáõÏ
4.To conceive ÙÇïù ÑճݳÉ, ѳëϳݳÉ
5.Doctrine áõëÙáõÝù, ѳí³ï, ѳÙá½ÙáõÝù
6.Cornerstone ÑÇÙݳù³ñ
7.To animate á·¨áñ»É, ù³ç³É»ñ»É
8.Forerunner ݳËÝÇ, ݳ˳ϳñ³å»ï
9.Legitimacy ûñÇݳϳÝáõÃÛáõÝ
10.Flourishing ͳÕÏáÕ, µ³ñ·³í³×áÕ
11.To evolve ½³ñ·³Ý³É, ͳí³Éí»É
12.Disarmament ½Çݳó÷ ³Ý»ÉÁ
13.Social welfare ëáóÇ³É³Ï³Ý ³å³ÑáíáõÃÛáõÝ

Post Reading

1.According to the text

a.Human rights are applicable everywhere and egalitarian. True False Not Given
b.The ancient world possessed the concept of human rights. True False Not Given
c.December 10 is celebrated as human rights day. True False Not Given
d.Human rights include right to have rest and work. True False Not Given
e.All human rights are universal and indivisible. True False Not Given

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2.Complete the sentences with details from the text.

a.The international community must treat human rights globally ..................................................

b.International non-governmental human rights organizations are ..................................................
c.The idea of free human beings enjoying civil and political ...........................................................
d.Article 56 of the charter states that ...............................................................................................
e.The provisions of the United Nations Charter provide .................................................................

3.In front of each word or phrase write the number of the appropriate definition.

a.Declaration .........
b.Convention .........
c.Indivisible .........
d.Priority ..........
e.Employment ..........

1.A thing that is regarded as more important than others.

2.A formal announcement, either spoken or written.
3.The action of employing smb.
4.A conference of members of a profession, political party.
5.That can not be divided.

4.Give the Armenian equivalents of the following word-combinations.

Moral principles, fundamentals rights, freedom of expression, impart information, copyright

violation, to hold opinions, certain restrictions, national security, inalienable right, interference,
disseminate information, notable proponent, electorate, flow of information and ideas.

5.Complete the sentences with one of the given words or phrases.

(related, history, expression, observer, fundamental)

a.Freedom of speech is understood to be ..................................... in democracy.

b.Freedom of speech and expression has a long ........................................ .
c.The right to freedom of ............................ is recognized as a human right.
d.Many human-rights organizations have ............................. status at the various UN bodies.
e.All human rights are interdependent and .............................. .

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6.Arrange the words under the following groups.

International, fundamental, conceive, egalitarian, institution, cornerstone, policy, suggest,

public, claim, provoke, justification, controversial, debate, animate, movement, culminate,
adoption, ancient, universal, concept, prominent, resemble, society, elaborate, legitimacy,
dignity, trace, religious, culture, lack, circumstance, political, case, statue, protection, minority,
establish.

Noun Verb Adjective

7.Translate the following sentences from Armenian into English.

1.Այսօր խոսքի ազատությունը ներառում է ինչպես ազատ արտահայտվելու, այնպես

էլ տեղեկատվության ստացման և փոխանակման իրավունքի գաղափարները:
2.Խոսքի ազատության գաղափարը կարելի է տեսնել նաև վաղ շրջանին պատկանող
մարդու իրավունքների վերաբերյալ շատ փաստաթղթերում, օրինակ Անգլիայի “Bills
of Rights” –ում:
3.Միացյալ Ազգերի Կազմակերպությունը խրախուսում է միջազգային մշակութային
ու կրթական համագործակցությունը և տնտեսական ու սոցիալական խնդիրների
լուծումը:
4.Մարդու իրավունքների դասակարգման շատ մոտեցումներ կան, սակայն
ամենաընդունված մոտեցման համաձայն դրանք բաժանվում են քաղաքացիական և
քաղաքական իրավունքների, տնտեսական, սոցիալական և մշակութային
իրավունքների:

8.Render the following text, underlining more than 20 key-words.

The European Convention on Human Rights

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 The European Convention on Human Rights (ECHR) (formally the Convention for the
Protection of Human Rights and Fundamental Freedoms) is an international treaty to protect
human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed
Council of Europe, the convention entered into force on 3 September 1953. All Council of
Europe member states are party to the Convention and new members are expected to ratify
the convention at the earliest opportunity.The Convention established the European Court of
Human Rights (ECtHR). Any person who feels his or her rights have been violated under the
Convention by a state party can take a case to the Court. Judgements finding violations are
binding on the States concerned and they are obliged to execute them. The Committee of
Ministers of the Council of Europe monitors the execution of judgements, particularly to ensure
payment of the amounts awarded by the Court to the applicants in compensation for the
damage they have sustained. The establishment of a Court to protect individuals from human
rights violations is an innovative feature for an international convention on human rights, as it
gives the individual an active role on the international arena (traditionally, only states are
considered actors in international law). The European Convention is still the only international
human rights agreement providing such a high degree of individual protection. State parties can
also take cases against other state parties to the Court, although this power is rarely used.The
Convention has several protocols, which amend the convention framework.As a Member State
of the Council of Europe, the UK is a signatory to the European Convention on Human Rights
(ECHR). The Human Rights Act 1998, which came into effect in October 2000, enables all the
courts in the UK to protect the rights identified in the ECHR.