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Introduction to Human Rights

Module 1
DEFINITION

HUMAN RIGHTS are the rights that all


people have by virtue of being human
beings.

HUMAN RIGHTS are derived from the


inherent dignity of the human person and
are defined internationally, nationally and
locally by various law making bodies.
DEFINITION

HUMAN RIGHTS is defined as the supreme,


inherent, and inalienable rights to life, to dignity,
and to self-development. It is concerned with
issues in both areas of civil and political rights and
economic, social and cultural rights founded on
internationally accepted human rights obligations
Human Rights are…
 Set of standards that gurantee a life befitting a
rational human being
 Basic and minimum standards without which
people can’t live in dignity
 Guarantees that allow the development and
wholeness of our being
 The foundation of freedom, justice and peace in
the world.
HUMAN RIGHTS
RIGHTS – moral power to hold (rights to life, nationality, own property, rest and
leisure), to do (rights to marry, peaceful assembly, run for public office,
education), to omit (freedom from torture and cruel, inhuman or degrading
punishment, freedom from arbitrary arrest, detention or exile) or to exact
something (equal protection of the law, equal access to public service, equal
pay for equal work)
HUMAN RIGHTS coined by Eleanor Roosevelt to replace Rights of Man
NATURE – Human rights are more than legal concepts: they are the essence of
man. They are what make man human. That is why they are called human
rights; deny them and you deny man’s humanity (Jose Diokno)
Denial of Human Rights …
 Is not just an individual personal tragedy
 It creates conditions of social and political unrest, violence and
conflict within and between societies and nations.
 Human rights must be appropriate and adequate to the basic needs
of the people
 Being aware of rights – allows and calls for the responsibility in
developing and protecting our dignity and that of others.
 Provides a framework for action where people are empowered to
change their loves and the society.
Characteristics of Human Rights
 Universal
 Internationally guaranteed
 Legally protected
 Protects individuals and groups
 Cannot be taken away
 Equal and indivisible
 Obliges States and State actors
Basic Documents on Human Rights
1948 Universal Declaration of Human Rights
1966 International Covenants on Human Rights
International Covenant on CPR
International Covenant on ESCR

a) Specific topics: Torture, Racial discrimination


b) Specific victim groups: Gender, Children

General Comments & Recommendations by all treaty bodies


including:
General Comment 12, 1999
General Comment 15 on drinking water, 2002
Five categories of Human Rights
 Civil – the right to be treated as an equal to anyone else
in society
 Political – the right to vote, to freedom of speech and to
obtain information
 Economic – the right to participate in an economy that
benefits all; and to desirable work
 Social – the right to education, health care, food,
clothing, shelter and social security
 Cultural – the right to freedom of religion, and to speak
the language, and to practice the culture of one’s choice
SOME POLITICAL RIGHTS
 Vote in elections
 Freely form or join political parties
 Live in an independent country
 Stand for public office
 Freely disagree with views and policies of
political leaders
SOME CIVIL RIGHTS
 Life
 Belief in own religion
 Opinion
 Free speech
 Non-discrimination according to sex
 Marry
 Race
 Cultural background
SOME SOCIAL RIGHTS
 Housing
 Education
 Health services
 Recreation facilities
 Clean environment
 Social security
SOME ECONOMIC RIGHTS
 Jobs
 Work without exploitation
 Fair wage
 Safe working conditions
 Form trade unions
 Have adequate food
 Protection against labor malpractices
SOME CULTURAL RIGHTS

 Use own language


 Develop cultural activities
 Ancestral domains
 Develop own kind of schooling
Civil and Political Rights

Civil Rights Political Rights

Civil rights deal with standards of judiciary and


penal systems.
Political rights deal with specific components of
participation in political power.
These rights are often focused on when one talks
about human rights.
ESCR - The neglected half of Human
Rights
Economic Rights deal with the sphere of human beings working,
producing and servicing.
Social Rights deal with standard of living and quality of life for all
persons, including those not participating in economic activities.
Cultural Rights deal with the cultural sphere of life including
ethnic culture, subcultures, arts and science.

Economic Rights

Social Rights Cultural Rights


“Distinctions” of CPR and ESCR
Civ il a nd Political Economic, socia l, a nd Ratio nale fo r cha llenging
rig hts (CPR) cultura l rig hts (ESCR) the distinctio n
Objective is to Objective is to ensure Freedom requires both types
ensure freedo m equa lity of rights, and equality must
be assured in both

Negative (freedo m Positive (rig ht to=dro it Obligation to respect,


from=dro it attribut) créance) protect, and fulfill apply to
all rights.

Cost-free Resources re quire d Requirement of resources is


(individua l (welfa re) dependent on the type of
freedom) obligatio n not on the type of
right.
Justicia ble Political o r All rights eventually beco me
prog ra mmatic justiciable as better they are
defined

Immediate Progressive Elements of immediate and


implementation implementation progressive implementatio n
apply to all rights in varying
degrees
Absolute, Relative, respo nsive to All rights have a core of
immuta ble changing conditio ns which the implementation is
indispensible
Indivisibility of Human Rights
“All human rights are universal, indivisible and interdependent
and interrelated. The international community must treat
human rights globally in a fair and equal manner, on the same
footing, and with the same emphasis. While the significance
of national and regional particularities and various historical,
cultural and religious backgrounds must be borne in mind, it is
the duty of States, regardless of their political, economic and
cultural systems, to promote and protect all human rights and
fundamental freedoms.”
The Vienna Declaration and Program of Action (June 1993, Paragraph 5)
Summary
Human rights are indivisible and highly interrelated.

Indivisibility
Interrelatedness
Interdependence

Cultural Rights
Philosophical Visions:
Human Nature - A search for Common secular inquiry and human reason
400 B.C.E. est. - Mo Zi founded Mohist School of Moral Philosophy in China
Importance of duty, self-sacrifice, and an all-embracing respect for others –
“universally throughout the world”
300 B.C.E. est. – Chinese sage Mencious
Wrote on the “human nature” – “humans are fundamentally good, but goodness
needs to be nurtured”
300 B.C.E. est. – Hsun-tzu
Asserted “to relieve anxiety and eradicate strife, nothing is a effective as the
institution of corporate life based on a clear recognition of individual rights”
1750 B.C.E. – King Hammurabi in Babylon
Necessary to honor broad codes of justice among people. Created one of the
earliest legal codes to govern behavior – “let the oppressed man come under my
statue” to seek equal justice in law
Ancient Egypt
Explicit social justice – “comfort the afflicted…refrain from unjust punishment. Kill
not…make no distinction between the son of a man of importance and one of
humble origin”
Early Sanskrit writings in Indian
Responsibility of rulers for the welfare of people. “None should be allowed to
suffer… either because of poverty or of any deliberate actions on the part of
others”
Philosophical Visions:
Human Nature - A search for Common secular inquiry and human reason
300 B.C.E. – Ashoka of India
Freedom of worship and other rights of his subjects. Other leaders from this
area impartial justice and social equality and no castes should exist since all are
from one tree
16th century - Hindu philosopher Chaitanya
“There is only one caste – humanity”
Sikh leader Guru Gobind Singh
Proclaimed “recognize all the human race as one”
10th Century - Al-Farabi, an Islamic Philosopher
Wrote The Outlook of the People of the City of Virtue, a vision of moral society
in which all individual were endowed with rights and lived in love and charity
with their neighbors.
Greek Philosophers
Equal respect for all citizens (insotimia). Equality before the law (isonomia).
Equality in political power (isokratia) and Suffrage (isopsephia).
Marcus Tillius Cicero
“Universal justice and law guided human nature to act justly and be of service to
others” – This natural law “binds all human society” together, applies to every
member of “the whole human race” without distinction and unique dignity of
each person.
French philosopher Jean-Jacques Rousseau (1762)
“Man is born free, but everywhere he is in chains
Precursors to 20th Century Human Rights Documents

 1750 B.C.E. 1648


Code of Hammurabi, Babylonia Treaty of Westphalia, Europe
 1200 - 300 B.C.E. 1689
 Old Testament English Bill of Rights, England
 551 - 479 B.C.E. 1776
Analects of Confucius Declaration of Independence,
 40 - 100 C.E. United States
New Testament 1787
 644 - 656 C.E. United States Constitution
Koran 1789
 1215 French Declaration on the Rights
Magna Carta, England of Man and the Citizen, France
 1400 1791 -United States Bill of Rights
Code of Nezahualcoyotl, Aztec
19th and 20th Century Human Rights
based on Natural Rights

 1863: Emancipation Proclamation, United States


 1864 & 1949: Geneva Conventions, International Red
Cross
 1919: League of Nations Covenant, International Labor
Organization (ILO) Created
 1920: Women gain the right to vote in the U.S.
 1926: Slavery Convention
 1945: United Nations Charter, San Francisco
 1947: Mohandas Gandhi uses non-violent protests
leading India to independence.
What are the Human Rights Principles?

 The rights that CORE PRINCIPLES:


Human Dignity
someone has simply Equality
because he or she is Non-discrimination
a human being & Universality
Interdependency
born into this world. Indivisibility
Inalienability
Responsibilities
Universal Declaration of Human Rights
History and Current Status
 The Universal Declaration of Human Rights (UDHR) was drafted by the
UN Commission on Human Rights chaired by, then first lady, Eleanor
Roosevelt. The UDHR was adopted by the 56 member nations of the UN
General Assembly on December 10, 1948.

 December 10th is celebrated around the world as International Human


Rights Day. The 192 member states in the U.N., upon membership,
agreed to educate their citizens about the principles of the UDHR. Most of
these countries have incorporated the principles of the UDHR into their
constitutions.
 “The UDHR specifies minimal conditions of a dignified life.”
International Bill of Human Rights

Universal Declaration of Human Rights


(UDHR)
December 10, 1948

Int'l Covenant on Civil and Political Rights Int'l Covenant on Economic, Social and Cultural Rights
(ICCPR) (ICESC)
Adopted by UN General Assembly in 1966 Adopted by the UN General Assembly in 1966
Entered into Force in1976 Entered into Force in1976

2 Optional Protocols to the ICCPR


(Member nations permit individuals or groups
to report personal human rights violations to the
UN Human Rights Committee)
International Court of World Justice

Secretariat Security Council


General
Assembly
Economic &
Social Council Trusteeship Council

Commission on Human Rights


International Labour Organization (ILO)
United Nations Children’s Fund (UNICEF)
United Nations Development Fund for Women
United Nations Educational, Scientific & Cultural Organization (UNESCO)
World Health Organization (WHO)
The UN General Assembly

 The United Nations currently comprises 185 member states, all of


which belong to the General Assembly. The General Assembly controls
the UN’s finances, makes non-binding recommendations, and oversees
and elects members of other UN organs. It is the General Assembly that
ultimately votes to adopt human rights declarations and conventions,
which are also called treaties or covenants. For example, in 1948 when
the UN Commission on Human Rights had completed its draft of the
Universal Declaration of Human Rights, the General Assembly voted to
adopt the document.
The UN Commission on Human Rights
The UN Commission on Human Rights
Although human rights are fundamental to all functions of the UN, human rights issues mainly fall under the
Economic and Social Council (ECOSOC). Made up of fifty-three member states elected by ECOSOC the
UN Commission on Human Rights initiates studies and fact-finding missions and discusses specific human
rights issues. It has responsibility for initiating and drafting human rights declarations and conventions.
ECOSOC also supervises intergovernmental organizations (IGOs), which are specialized agencies that
function independently with their own charter, budget, and staff but are affiliated with the UN by special
agreements. IGOs report to the ECOSOC and may be asked to review reports from certain UN bodies that
are relevant to their area of focus.
Some intergovernmental organizations that work to protect human rights include:
 International Labor Organization (ILO) – Develops international labor standards and provides technical assistance
training to governments.
 United Nations Children’s Fund (UNICEF) – Works with other UN bodies, governments, and nongovernmental
organizations to provide community-based services in primary healthcare, basic education, and safe water and sanitation
for children in developing countries. Human rights are fundamental to its programming.
 United Nations Development Fund for Women (UNIFEM) – Promotes economic and political empowerment of
women in developing countries, working to ensure their participation in development planning and practices, as well as
their human rights.
 United Nations Educational, Scientific, and Cultural Organization (UNESCO) – Pursues intellectual cooperation in
education, science, culture, and communications and promotes development through social, cultural, and economic
projects.
 World Health Organization (WHO) – Conducts immunization campaigns, promotes and coordinates research, and
provides technical assistance to countries that are improving their health systems.
 Other UN Bodies and Human Rights
 The UN Security Council, comprising fifteen member states, is responsible
Human Rights Instruments
 International Bill of Human Rights
Human Rights Defenders
Right of self-determination
Prevention of discrimination
Rights of women
Rights of the child
Slavery, servitude, forced labour and similar institutions and practices
Human rights in the administration of justice
 Freedom of information
Freedom of association
Employment
Marriage, Family and Youth
Social welfare, progress and development
Right to enjoy culture, international cultural development and co-
operation
Nationality, statelessness, asylum and refugees
War crimes and crimes against humanity, including genocide
Humanitarian law
Human Rights Subjects
A E H P
Adequate housing / Economic, social and Health / HIV/AIDS Human Poverty
Administration of cultural rights / Education rights / Human rights R
justice / AIDS / (Right to-) / Enhancing education / Human rights Racism and racial
institutions for the discrimination / Refugees /
Arbitrary detention / national capacities /
protection and promotion Religious intolerance
Asylum Environment / Executions
of human rights (National Right to development / Right to
B (extrajudicial, summary or
Institutions) education / Right to food
Biotechnology (& arbitrary- ) / Exploitation of
Human rights ) / the prostitution of others / I S
Business & human Extreme poverty Income distribution / Self-determination / Slavery
rights Independence of the Social Forum / States of
F
C judiciary / Indigenous Emergency / Structural
Fair trial (right to a-) /
Capital punishment / people) / populations / adjustment and foreign debt /
Family rights / Food (Right
Children' s rights / Internally displaced Summary or arbitrary
to -) / Forced or bonded executions
Civil and political persons / International law
labour / Foreign debt T
rights /Crimes against and human rights
humanity (& Structural adjustment) / Terrorism / Torture Toxic waste
Forensic science (Human J
D /Trade and Investment
rights and-) / Freedom of Justice (Administration of-) /Traditional practices / Traffic in
Death penalty (Capital
Punishment) association / Freedom of L persons / Transnational
/Defenders (Human opinion and expression / Labor rights -Employment corporations
Rights-) / Democracy Freedom of Religion and Law enforcement W
Development (Human belief M War crimes Water (Right to) /
Rights in-) / Disability (
G Mercenaries / Migrants / Women
& Human Rights)
Disappearances / Genocide Girl children / Minorities X
Discrimination (other Globalization / Good N Xenophobia (Discrimination)
forms than racism and Governance National human rights /
racial discrimination) institutions / Nationality
&statelessness
HUMAN RIGHTS EDUCATION

 “Human Rights Education is a means towards social


change; a tool to transform the theory and practical
applications into everyday social practice.”
 “In conflict situations and in peace building, HRE must be
seen to benefit the target populations’ daily lives.”
“HRE focuses especially on social goals and ideals that
emphasize the dignity of all human beings and the need for
laws and institutions that enforce those standards. In so
doing, HRE contributes directly to the process of building a
society based on freedom, peace and Justice.”
Paul Martin, et al.
 “Where, after all do universal rights begin? In small places,
close to home – so close and so small that they cannot be
seen on any maps of the world. Yet they are the world of the
individual person; the neighborhood he lives in; the school or
college he attends; the factory, farm or office where he works.
Such are the places where every man, woman, and child
seeks equal justice, equal opportunity, equal dignity without
discrimination. Unless these rights have meaning there, they
have little meaning anywhere. Without concerted citizen
action to uphold them close to home, we shall look in vain for
progress in the larger world.” Elenor Rooswelt
Formal state obligations for each human
right
Three obligations of action:
 Respect
 Protect

 Fulfil

Four obligations of process:


 Non-discrimination
 Adequate progress

 Participation

 Effective remedy
Formal state obligations for each human right
Obligation Meaning
Respect The state must not interfere directly with people
realising their rights
Protect The state must stop others from interfering with
people’s rights
Fulfil The state must build the legislation, institutions,
norms to realise the right
Non The state must not discriminate in meeting its
discrimination obligations
Adequate progress Progress must occur at a rate that show
commitment
Participation People must be able to participate in realising their
rights
Effective remedy There must be a remedy for violations of obligations
Identifying state obligations:

Obligation Right to Education Right to a fair trial

Respect Don’t ban children from Don’t imprison without trial


school
Protect Tackle household gender bias Prevent bribery of judges

Fulfil Build schools, train teachers Build courts, train judges


Non-discrimination No ethnic bias in education No racial bias in sentencing
budgets
Adequate progress Raise enrolments by X% by Reduce case backlog by
2005 X% by 2006
Participation Community role in local Citizen jury and public
schools access
Effective remedy Make complaint procedure Right of appeal against
accessible mis-trial
Realising rights depends on more than the state

 Resources and capacity


 Culture, customs and norms
 The strength of civil society
 External impacts and pressures
 Other non state actors…
What is the Human
Rights to Education?
Environment and Human
Rights
Peace and Conflict
Resolution
What is Conflict?
Principle/Nature of Conflict
 Conflict is a product of our inherent differences
and diversities
 Thus, it is natural
 It is neither positive or negative, Rather
depends on how we approach it.
 Our approach is our choice.
 It is determined by our conception of
conflict.
Arms Control
Violence against Women

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