CHAPTER
CHAPTER
CHAPTER
CHAPTER 1
• Freedom to do certain activities (for example travel, express themselves, or practice a religion).
• Rights to services (for example education, health, a fair legal system, and the ability to work).
• Protection for groups of vulnerable people such as the disabled, children, women, and refugees.
To summarize, human rights ensure people have the ability to participate fully in society
and live a life of dignity. Human rights also ensure our human worth is recognized and protected.
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Human Rights –
self-explanatory –
Rights are recognized as such because they are considered to be ‗correct‘ or ‗just.‘ In the
English language the two meanings of right relate: you have a ‗right‘ to something because it is
considered ‗right‘ or correct. A right is something owed to a person (which they deserve), or it
can also apply to a condition they should be free from.
Thus, the concept of a right can be both simple and complex. But simply, a right is
something; a person is rightly entitled to, free to do, or protected by. There are a wide variety
rights: consumer rights, passenger rights, citizen rights, viewer rights, property rights, student
rights, academic rights, visiting rights, and so on. Each one implies a person‘s right to do
something.
The complex response involves understanding the components of the legal concept of a
right, which includes a number of features. First, a right must relate to an object; that is, the
particular thing a right provides, allows, or ensures. This is the content of the right, and for
human rights these objects are detailed in laws and treaties. For each type of right there are
specific privileges: for instance, a student has a right to ask questions in a classroom, borrow
books from a library, and have a fair opportunity to graduate. A driver has a right to use the
roads, a passenger to ride a public bus, and so on.
Second, a right must relate to someone or something which has a duty to provide that
right. If no such person or body exists, there is no need to have the right. This means a right can
only be deemed as such if a second party (whether the State, a company, or a university) can be
called upon to respect and uphold that right. There is no need to give someone the right to
breathe air because there is plenty of air to breath. However, if air becomes polluted and difficult
to breath, then some duty bearer is needed to ensure people‘s rights to breathe fresh air. This is
called the correlative duty to a right, which is further explained in a later section.
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Rights do not only apply to humans: corporations also have rights and obligations, as do
animals. This does not mean that they get equivalent rights to humans, but it does mean that
there are duty bearers who are obligated to provide rights to animals or corporations. It would be
nonsensical to give animals the same rights as humans as they hardly need to vote or hold
citizenship, but they do need rights to ensure their fair treatment and to protect them from human
abuse. In this way animal rights are similar to human rights: as human rights protect humans
from abuse by State or society, animal rights protect creatures from abuse by humans.
consumer rights -
passenger rights -
citizen rights -
viewer rights -
property rights -
student rights -
academic rights -
visiting rights -
Human rights are formed at the intersection of legal, moral, and social rights. These three
types of rights (legal, moral, and social), need to be examined. First, human rights should be
considered a right by law. There are many legal rights (for example, the right of someone to
marry or to legally own property) which are protected under the law. Governments should
respect human rights not merely because it is ‗right‘ or ‗moral,‘ but because they are legally
bound to uphold them. By agreeing to international human rights, or by joining the UN,
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governments agree their subjects have human rights and that these rights have a legal basis. This
legal basis is critical both for the justification of human rights, and also for their enforcement.
Being based in law, governments and other parties are bound by the law to respect human rights.
Second, human rights are also moral rights: they exist because they are considered moral
or proper. However, not all moral rights are based on the law; there are many acts that are seen
as immoral but not illegal (for example, cheating on a partner). Some moral rights have become
protected in the law; for example, the banning of media classified as pornography in some
countries. People usually recognize when a moral right has been violated because within a
society people tend to have similar beliefs as to what‘s right or wrong. Though morals are often
culturally specific—for example, the notion of ‗appropriate‘ beach wear is based partially on
cultural values, and that is why some Southeast Asian countries find the rather brief swimming
costumes of Europeans to be inappropriate —in general, most societies share similar moral
values concerning what is ‗proper‘ and ‗respectful.‘ Though the idea of a shared moral basis is a
highly contested one, it does form part of the philosophical foundation of human rights. Shared
moral views does not imply morals never change, as values on romance, marriage, and sexuality
have all changed much in the past decades. It does assume that the respect of people and what
they do is basically the same around the world, particularly for important things like their safety
and their treatment by the government.
Third, human rights are social rights which ensure people live safely and happily together
in society. Again, not all social rights are protected by law (nor are they necessarily moral), but
they do ensure the smooth running of society. For example, queuing at the bank or giving up a
seat on a bus are not actions mandated by law, so they are not human rights, but people are
expected to follow these unwritten rules for society to function politely. Social rights comprise
what any person can expect from their government (for example, education and health), but they
also cover expectations arising from living in a community. Social rights are the patterns of
politeness, friendly assistance, tolerance, even cheerfulness, that make life easier and more
pleasant for all of us. Social rights designate that people should be safe and secure, and have
their needs met by society or State.
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moral rights -
social rights -
The foundations of human rights needed widespread support to become universal and
there were a number of important forces which drove this. One must also accept that over the
years, religious leaders, moral philosophers, and jurists helped develop moral standards. Indeed,
all cultures comprise values as to right and wrong regarding the treatment of others, whether
concerning violence, relationships, honesty in one‘s transactions, or forcing others to do
something they do not want to do. There are additional factors which made these standards
become universal: (1) human rights are written into international law, (2) the universal
participation of States in the UN system which enforces international law, and (3) States
following the standards of human rights. Human rights and the values they advocate are the
product of international agreements. They are not merely ideas from the UN and governments,
but exist today as the product of a centuries-old struggle to determine standards of humane
treatment towards fellow human beings.
values -
a centuries-old struggle -
A significant factor which transformed human rights from a mainly domestic issue to a
universal legal standard is a response to the horrors of World War II. Before then, rights did exist
in many countries, but they varied according to religion, constitutions, and cultures, and were
thus far from universal. Further, in many cases these rights were only for certain people in that
country; human rights did not give everyone rights (so that often indigenous groups, non-citizens
or women were not given rights), neither could these rights cross a country‘s border (the Bills of
rights in England or United States were only used within those countries). During World War II,
governments, in particular Germany under National Socialism ignored the notion that all people
have rights and treated some groups (the Jews, Gypsies, political opposition groups, and
homosexuals) as if they were not human at all. Their rights were taken away and millions lost
6
their lives. Legally, there was little the rest of the world could do; worse, there was even less
interest to react. In the long term though, the horror of the Holocaust did provide an incentive to
make human rights legally binding on all States as a universal standard, which means that if this
kind of atrocity should happen again it is breaking the law and should result in action from the
international community.
domestic issue -
religion -
constitutions -
cultures -
homosexuals -
a universal standard -
Human rights have a small number of features which distinguishes them from other
rights, and also which are necessary to protect and empower people. The features give human
rights a special and unique status, setting them apart from other types of rights.
1.2.1 Universality
In general, rights are limited as to where and when they apply. However, human rights do not
have this limitation—they are universal. The mere fact of being human on this earth is enough to
gain human rights. Human rights are not dependent on citizenship, or living in a territory that
recognizes such rights. This distinguishes them from most other rights which are limited in some
way by, for example, being old enough to attend school for student rights, or being a citizen for
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voting rights. Universality1 ensures that each person has human rights which are always
available to them everywhere.
The notion of universal human rights does not necessarily mean everyone has the same
rights. Rather, everyone has human rights and can claim them, but the precise composition of
such claims depends on (1) where the person is, (2) who they are, and (3) what rights they should
possess. In other words, while fundamental human rights are the same for everyone, the actual
right a person enjoys depends on a number of factors. Further, a person‘s ability to access their
rights depends on which country they are in (as not all governments have agreed to the same
rights), and citizens have slightly different rights to non-citizens. It may also depend on the age
and gender of the person (as women, children, minorities, and people with disabilities have
access to rights relevant to them). Finally, it may depend on the situation (for example, rights
change when there is a conflict).
Some people argue human rights impose foreign morals and system of ethics over other
cultures. Perhaps this is true in the sense that a social custom agreed to by everyone in a society
may be considered wrong and a violation of human rights (for example girls are prevented from
going to school). However, the universality of human rights may override some culturally
specific values. There are reasons for this view. If human rights are contingent upon cultural
values then they would not be universal but rather culturally specific rules. The right of a child
not to be discriminated against when going to school is universal. Further, one of the tasks of
human rights is to inform every one of their rights. A cultural value cannot be used as an excuse
to not inform people of their human rights. On the whole, most cultural values support people‘s
rights, and the main issue here is when culture is used as an excuse for human rights violations.
In most cases where people consent to violations (for example, a girl agreeing not to attend
school), often they are unaware of their rights and are thus not consenting in a fully informed
way. The universality of rights, therefore, allows people, communities and cultures to make
decisions about culturally practices in a fully informed way.
1
Human rights are universal means that everyone is entitled to human rights. Human rights should be available to
any human being, anywhere.
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Universality -
gender -
minorities -
1.2.2 Inherent
Human rights are special because they come into effect when a person is born.
Individuals do not need to earn human rights. Unlike a university student or driver, who both
needs to pass exams to earn their entitlements, human rights, are gained merely by being born
human. In other words, human rights are inherent2 to people with no other qualification
necessary. It isn‘t even necessary for people to know they have human rights to possess them—
these rights exist even if a person is unaware their rights have been violated. If knowledge was a
criterion for the possession of rights, States could easily avoid compliance by simply not
informing them of their rights (and some States are still guilty of this). Making human rights
inherent by passes this potential problem.
Inherent -
1.2.3 Inalienable
It is impossible for anyone to lose their human rights (unless they die, of course). Many
rights, such as the right to property or student rights, terminate at some point; that is, once you
sell your bicycle, you lose rights to it, or once you graduate, you are no longer a student. People
cannot lose their rights as a result of doing something, regardless of how terrible their act was—
even Pol Pot or Adolf Hitler would still be entitled to their human rights. It is not possible for a
2
Inherent refers to something being a permanent or inseparable part of something else. Human rights are inherent to
humans. They are permanent and inseparable; they are always with a human, no matter the situation.
9
State to decide that human rights do not exist anymore, or to decide that their rights once
recognized are no longer relevant. Even when a new State is formed, for example, when East
Timor gained independence from Indonesia, it is expected that citizens would still retain
whatever human rights they were entitled to when they were part of the previous State (in this
case Indonesia). However, it is important to note, inalienable3 does not mean a person can never
lose any rights, as often the number of rights a person is entitled to can change; for example,
when a person turns 18, they lose their children‘s rights and their status will change. In these
cases, subjects would still retain their human rights, but not their rights as a child.
Inalienable -
1.2.4 Dignity
One of the main objectives of human rights is to ensure people can live with dignity4: in
other words, that they are respected, treated well, and have a sense of worth. If a person has their
human rights, then they can lead a life of dignity. If a person‘s rights are taken away, then they
are not treated with dignity. Dignity is not only about making sure laws are not broken, but it is
about treating people in such a way that they are respected as humans, like any other human. For
example, the right to food is not merely a matter of quantity, of having the necessary 2,200
calories a day. The number of calories means little if a person is forced to eat scraps off the floor,
or if a Muslim is given pork at each meal. The nutritional value alone does not ensure dignity.
Dignity means the person can eat food like a dignified human, and this is by respecting the social
and cultural values around food, such as eating food with friends and family in what is
considered a normal way.
Dignity -
3
Anything deemed inalienable cannot be removed, surrendered, or transferred. Furthermore, they cannot be bought,
sold, or negotiated with. Thus, even if considered a burden, inalienable rights are always in existence.
4
Human rights are designed to support and sustain the dignity of individuals, including their self confidence, sense
of worth, and their ability to use their skills. Dignity means that human feel respected and worthy.
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1.2.5 Equality
Human rights exist to ensure equality5. Indeed, this concept is featured in all human
rights documents, emphasizing the equal enjoyment of rights without discrimination. The first
article of the UDHR states ―All human beings are born free and equal indignity and rights.‖
Compare this to the opening of the United States Declaration of Independence where it is stated
(1776): ―We hold these truths to be self-evident, that all men are created equal,‖ or the first
article of the French Declaration of the Rights of Man and of the Citizen (1789): ―Men are born
and remain free and equal in rights.‖ Clearly each of these documents supports the notion that
human rights are inherent (that is, people are born with them) that people are born free, and they
are born equal. But true equality is difficult to achieve. It is important to note that the gendered
language of early human rights texts show that true equality between the sexes had not yet been
reached; men were equal to other men but it would take some time before women were similarly
regarded. In much the same way colonized people would fight for their equality during the
twentieth century. Equality ensures people receive the same treatment, whether before the law, at
work, or in a marriage. However, no society is entirely equal in every respect. In some cases, the
expectation is not equality but fairness. For example, not everyone has equal access to a
university education. Though higher education is a human right, certain requirements—for
example, the passing of tests, high school diplomas, knowledge of a language—are often
required before admittance. Rather than equal access, it is fair that university admittance be
based on non-discrimination. Discrimination refers to someone being treated differently,
penalized, or punished because of a particular feature about them. The most common and
obvious form of discrimination is against women. In many societies, it is believed that women
are not as strong or capable as their male counterparts and thus do not deserve to be paid equally.
Other common forms of discrimination include race, religion, minority groups, or non-citizens.
Equality -
5
In a society all people should be treated the same way, especially regarding their rights. Equality means that people
are not treated differently because their sex, wealth, language, political views, and so on. While there may be some
special cases for different treatment (such as special scholarships so poor children can go to school), these should
be used only to increase the level of equality in a society.
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truths to be self-evident -
non-discrimination -
minority groups -
The power of human rights stems from the fact they are backed up by law. The idea that
human rights are universal and morally good is not enough to enforce them.
Many rights merely rely on social values to enforce them: not jumping the queue at a bank is
enforced by the possible anger of other customers. This is not the most effective way to enforce a
right. Human rights, on the other hand, are understood as laws which are protected by legal
bodies, and it is this status that deters people and organizations from breaking them. The section
below details the important features of human rights as law.
Human rights are legal rights in that they are bound by the law, but also they ensure that
there is a fair, working legal system. The existence of a fair legal system can only occur if the
society is based on the idea of the rule of law. In order to enforce human rights, systems need to
be in place allowing subjects to seek justice. The main constructs behind the rule of law are
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summarized in the following example: Imagine you are playing a game like chess with someone
but you don‘t know the rules and the other person does. You move a piece and they take one of
your pieces, but when you try to do the same move, they claim it‘s against the rules. There is no
sense to the moves they are making, and all of your moves are penalized in some way When you
ask to have the rules explained they refuse to tell you what are in the rules. Obviously, it is
impossible to win in this kind of situation because there is no rule of law. When your opponent is
allowed to change the rules so any move can be done, you will never win.
Unfortunately, some societies function like this: for example, in some countries, the
police may arrest random pedestrians for no stated reason; convicted criminals may receive
vastly different punishments for similar crimes; a rich person may avoid punishment altogether
for a crime; some organizations may hold public meetings, whilst others cannot. Living in a
society which is based on the rule of law means that:
• Legal rules will be public knowledge without ‗secret‘ understandings known only to a selected
few.
• Individuals will have the right to find assistance to understand the law.
The rule of law ensures a just and fair system which protects people and their property,
keeping them safe. The main elements of the rule of law are that everyone is equal before the law
and nobody should be able to escape the effects of the law. However, in some cases certain
people do appear to escape legal punishment; for example, the wealthy, politicians, and senior
government officials may avoid punishment for crimes or corruption. The law should not exist to
protect or benefit a select group of people.
Equality before the law also means equal protection under the law for everyone.
Unfortunately, there are many who not only aren‘t protected by the police, but in some cases
actually suffer abuse and victimization from them, such as migrant workers, or women who have
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reported domestic violence. In some countries if a teacher hits a young student this may not be
against the law and the student is not protected from this violence. However, in all Southeast
Asian countries if a student hits a teacher this would be considered a crime and the police would
protect the teacher. It seems unfair that if a teacher hits a student the police may do nothing, but
if a student hits a teacher they may be punished by the law. The law here is not equally
protecting the student, as it only protects the teacher. This different treatment is unfair, as the law
should protect both teacher and pupil equally. Another feature of the rule of law is that all people
should have access to the legal system and be provided with an understanding of how that system
works and what it can and cannot do. This may be achieved through legal assistance or legal aid,
or ensuring the information is freely available. However, some countries have deliberately vague
laws which the government then uses to its advantage. Laws defining treason, insulting leaders,
and pornography, are often not clearly defined leading to uncertainty which can in some cases
result in selective enforcement. For example, the idea of ‗anti-government‘ activity varies greatly
across Southeast Asia. In some places this may be as little as possessing ‗illegal‘ documents (for
example, the works of Karl Marx or human rights treaties); in others, it may be holding a protest
rally. Both are examples of situations where the rule of law is not fairly upheld by governments.
Rule of Law -
pedestrians -
corruption -
migrant workers -
public knowledge -
domestic violence -
pornography -
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insulting leaders -
anti-government -
For every human right there is a second party (the duty bearer) who has a duty to ensure
that right is respected; duty bearers have duties and obligations towards the rights holder. Duty
bearers can include the government, people, corporations, universities, hospitals, and so on. The
duty bearer and the rights holder are in a relationship, for the action of claiming a right call on
the duty bearer to act in some way.
It is vital that individuals themselves realize their role as duty bearers; parents have
obligations to their children, teachers to their students, and friends to each other.
Many of these duties are merely social or moral in nature, as discussed above. However,
important duties, especially human rights duties of individuals, are detailed in criminal law. If a
person violates another‘s right to property, right to practice religion, right to privacy, or freedom
of movement, the duty bearer is committing a crime. In reality, these human rights obligations
are already strongly enforced. The role of the duty bearer can be less clearly defined for other
groups (for example, companies, armed groups, or religions). If a company does not allow its
workers to travel freely, or if an armed group recruits children to become soldiers, in some cases
these violations may not face sanction. The problem of protecting people from violations by
these duty bears is addressed under the concept of vertical protection, as discussed below.
The most important duty bearer is the State; the organization legally bound to uphold
rights in treaties. States‘ duties are outlined in various human rights treaties. That said, States
also commonly emphasize the individual‘s duty to society as clearly stated in the new ASEAN
Human Rights Declaration. This asserts that human rights ―must be balanced with the
performance of corresponding duties as every person has responsibilities to all other individuals,
the community, and the society where one lives.‖ The Declaration emphasizes that human rights
should not only be considered as freedoms, but also as obligations. Though there is a basis to this
argument, and it is expected that people treat each other in a way that does not violate their
rights; human rights are primarily about ensuring that governments fulfill their obligations. An
15
individual‘s duties are clearly detailed in a country‘s national laws and the emphasis on duties
may be obscuring that it is States and other large-scale power holders who pose the more
significant problem when it comes to defying human rights obligations.
The legally binding nature of human rights generally positions the State as the correlative
duty bearer. The duty can be defined in two ways. Firstly, many rights require someone or
something to provide a good, service, or other activity. Examples of this include building schools
and hospitals so that children receive their right to education or healthcare. This is called a
positive duty: a duty to do something.
a positive duty -
Secondly, the duty may be to simply not interfere, or to ensure individuals are free from
something—for example, there is a right not to be tortured or to speak freely without government
interference—which requires the State to refrain from a particular action. This is called a
negative duty6. Negative duties limit the power and activity of the State and call on it to be
passive when, for example, someone is trying to express their opinions or religious beliefs.
However, it is important not to simplify all rights into either positive or negative rights, for they
can contain a mixture of positive and negative duties. For example, freedom of movement
requires both negative duties to ensure the State does not prevent individuals moving about the
country, but also positive duties7 requiring it to make the movement possible in the first place—
6
A negative duty requires a party to refrain from an action, or to not interfere with someone. Negative duties stop
the party from doing something.
7
Positive duties refer to an obligation to take a certain course of action or provide a service. Positive duties cannot
be fulfilled by inaction or neutral behavior.
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by providing public transport, maintaining roads, or building ramps so wheelchair users get
access to buildings.
Once a treaty has been signed, human rights obligations will be legally binding on States
and their governments. This should not be considered a burden, for if a government that has the
ability to be elected to run a country, it must also have the required competence to fulfill its
human rights duties. Individuals have a duty to uphold human rights—for example, to refrain
from discrimination—which the States have a duty to enforce through national laws.
negative duty -
religious beliefs -
freedom of movement -
States have legal obligations not to violate a person‘s right as is clear from human rights
standards. However, what if a non-State party violates a right? For example, if a company takes
someone‘s land from them, a factory pollutes a river, or a husband hits his wife. The above cases
do not concern the State but involve an individual seeking protection from, or requiring a service
from, other people, corporations, or groups. This is called horizontal protection8. There is a
difference between being protected from, or requiring a service from, the State – which is called
vertical protection – and being protected from, or requiring a service from, other people or
corporations, or other groups – which is called horizontal protection. Human rights primarily are
about vertical protection9, that is protecting the person from the power of the State, but recently
there is an awareness that horizontal protection is increasing in it importance. The concerns
8
Protection, given by human rights, from the power of non-State actors such as other people, companies, hospitals,
media, and so on. This protection is horizontal, because these actors are on the same legal level. Horizontal
protection should be ensured through the State writing laws against the actors violating other‘s human rights, and
having bodies who protect people‘s rights, such as the police, welfare organizations, and the media.
9
This refers to protection from the power of the State given by human rights. The State is limited in its powers, and
it must ensure that it respects the rights of the people under its power.
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about protecting women and children from violence, or stopping abuses in the workplace, are
responded to by addressing weaknesses in horizontal protection.
horizontal protection -
vertical protection -
awareness -
perpetrators -
1.3.4 State Duties: ‘Respect, Protect, Fulfill,’ and ‘Promote, Protect, and Prevent’
There have been attempts to more clearly define what States should do to ensure people
get their human rights. This has been detailed in two related, but different, statements from the
UN. Both are intended to help explain what States should be doing to support human rights.
First, it was declared that States should ‗respect, protect, and fulfill‘ rights:
• Respect: States should ensure human rights are taken seriously, and recognize those rights.
• Protect: States should ensure there is a working legal structure and protection mechanism to
safeguard individuals from violations by non-State actors (horizontal protection).
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• Fulfill: States should ensure that individuals who have so far not attained all their rights—for
example, children not yet attending school—will in future have these rights fulfilled.
This set of duties was written firstly for economic, social, and cultural rights as these
rights can be fulfilled rather than met immediately such as civil and political rights; this
distinction is discussed in more detail later. It was later realized these activities could be better
designed to ensure States are doing all they can to ensure their citizens are getting human rights.
So, during the 1990s, a new list was introduced with ‗promote, protect, and prevent.‘
• Promote: Realizing the duty to ‗respect‘ does not ask the States to do much. Respect is more of
an attitude than an action. The new action to ‗promote‘ human rights requires States to actively
reach out and plan human rights education, including building awareness, introducing rights to
improve the legislature, mainstreaming initiatives, and teaching human rights in universities.
• Prevention: States should ensure they do more than merely respond to violations after they
occur. Rather, they should have policies and plans in place to avoid such violations occurring in
the first place; for example, human rights education, better trained police, or publicizing laws.
Both ‗respect, protect, fulfill,‘ and ‗promote, protect, prevent,‘ provide useful summaries of what
is expected of States, and also what human rights actors should be working on.
legal structure -
protection mechanism -
non-State actors - /
building awareness -
mainstreaming initiatives -
publicizing laws -
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Predominantly, human rights arise from international treaties which have defined a
number of categories of rights. It is important to describe these categories because the rights and
duties differ slightly for each category. A useful method to detail these rights is to examine how
they appeared in the first universal human rights document, the UDHR. This declaration, which
was adopted by the UN in 1948, is comprised of 30 articles, each one describing a right or a
duty. The list of rights in the UDHR has a specific order, which helps to illustrate the categories
of rights. The declaration is described in more detail in a later chapter, but here it will be briefly
examined as to how it categorizes different types of rights. Rights are placed into categories
because some categories have different features. However, they should not be ranked against
each other as each category is an important part of an individual‘s human rights. Nevertheless, as
history shows (detailed more in the next section) some States prefer certain categories over
others, leading towards a division in the protection of human rights.
Fundamental rights
The first rights in the UDHR deal with what are considered the most important rights,
freedom from slavery and torture, the right to life, non-discrimination, and the idea that everyone
is born equal. Regardless of the situation, no State can ignore or violate these rights. As detailed
in a later chapter, in certain circumstances, a State can temporarily halt other rights, or interpret
them in a particular ways, but States can never give any reason for the violation of fundamental
rights.
Legal rights are in place to ensure individuals enjoy an equal legal identity. In addition,
the legal system must be based on the idea of true justice, an idea which covers access to a court
and the court being fair, competent, and impartial. Justice also includes equality of treatment, and
if arrested, that individuals be treated well. Other rights include freedom from arbitrary arrest and
detention, and the presumption of innocence. In Southeast Asia, these rights pose many
challenges because in many countries the court systems are underfunded and overworked
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causing justice to move slowly. Also, policing can be of a lower standard leading to false arrests
or criminals not being convicted. Finally, some courts are not impartial and corruption is rife
resulting in cases where judges are open to bribery.
impartial -
equality of treatment -
bribery -
Rights in society
Civil rights10 focus on an individual‘s ability to participate in society and live with
dignity on a daily basis. Most of these civil freedoms can be found in early human rights
documents such as the United States Bill of Rights (1788) and the French Declaration of the
Rights of Man and of the Citizen (1789). They focus on limiting the power of States to interfere
with individual freedoms in a society. These freedoms ensure privacy, freedom of movement
within a country, the right to marry and have children, to practice religion, and freedom of
expression. Other civil rights include the right to a nationality, the right to seek asylum, and the
right to property.
Rights in society -
Civil rights -
10
Civil rights protect an individual‘s personal liberty and ensure liberties such as freedom of expression, conscience,
speech, religion, expression, and movement.
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freedom of expression -
Political rights11 are rights allowing people to participate in politics, and they also ensure
a fair political system. Political rights related to participation include the right to vote and the
right to be a politician or government officer. There are also rights to associate, to form a
political party, or simply to be a member of a group. Groups may be political parties, trade
unions, or even fan clubs. The right to assemble—that is, to meet together—publicly or privately
is also a human right and can cover meetings to protest a government or work conditions, to raise
awareness for an issue, or to take part in a cultural activity.
Political rights -
11
Political rights allow individuals to participate in politics, and ensure a fair political system which includes the
right to vote, the right to be a politician, and the right to join a political party.
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right to assemble -
Economic rights12 are rights which ensure individuals have enough money or resources
to live with dignity in their community. For most people this also includes the right to work, that
their employer pays them fairly, and provides them with a safe and healthy work environment.
Protection is also offered to those unable to work in the form of government welfare. Article 22
of the UDHR outlines the right to social security, that is, the right to be given the necessary
resources for survival such as welfare payments or access to cheap food. Most countries in
Southeast Asia have weak or non-existent social security systems, and is therefore an area
requiring much more development. The other main economic right is the right to rest and leisure.
Like the right to social security, it is often downplayed because many see it merely as a child‘s
right. However, the right to leisure is linked to the right to work. Maximum hours and required
days off are a part of the right to work.
Economic rights -
welfare payments -
12
Economic rights ensure an individual‘s economic welfare. The main economic rights include the right to work, the
right to get welfare, and leisure rights.
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Social rights13 are rights a person should expect from living in a society, such as the right
to healthcare and education, food, water, and housing. Sometimes called livelihood rights, it can
be argued that these rights stem from the idea of a social contract: a contract between individuals
and their government which assumes that if a person lives peacefully and lawfully, governments
will provide certain services, and protect other services people provide for themselves.
The services expected from governments include an education and healthcare system.
How it gets its citizens to pay for such services will vary between countries; but the government
must provide them. For example, governments must provide compulsory free primary education
for every child regardless of ethnicity, nationality, citizenship, or language. The rights to
education, health, food, water, and housing are particularly important in Southeast Asian
countries. While some countries such as Singapore have done very well here with food, water,
housing, health and education all of a high standard, others such as Myanmar, still struggle to
provide these basic rights.
The final category is cultural rights; that is, the rights for a person to participate in their
culture. These can be broken down into three elements: rights to language, religion, and cultural
activities. The human right to use a language prevents States from barring people speaking their
language. It does not necessarily mean a State must provide services for those people in that
language (although it is expected that essential government services such as law and health
would be available in their language). Rights to religion allow individuals to choose their
religion and to practice this as a group; for example, to pray together. Cultural rights encompass
many activities such as the right to eat, wear clothes, marry, hold a funeral, and celebrate events,
according to the culture. Across Southeast Asia, there are many tensions surrounding this right,
such as the right to wear certain clothes (for example, the hijab or veil worn by Islamic women),
or the rights of indigenous groups to live and hunt in their customary land which may be made
into a national park by the State.
13
Social Rights are the rights to government services such as health and education. They are also rights to basic
necessities such as food, water, housing, and clothing. They are social because they ensure people can live in a
society with dignity. They are often thought of as part of the social contract between people and the State: by
obeying the laws people are rewarded with by the government giving these services.
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Social rights -
cultural rights -
Dividing rights into these categories is useful because each category varies slightly in the
nature of the rights and the duties. For example, fundamental rights have the power of
international law to enforce them, which civil freedoms mostly do not; social rights detail
government services and are not immediate like civil rights, and cultural rights will mainly target
minority groups. However, there is also a danger in separating these rights into categories
because some governments may favor some categories and ignore others, or they may selectively
choose which to support. For example, before the cold war, communist countries such as China,
the Soviet Union, and Vietnam tried to support economic and social rights. On the other hand,
western countries which support liberal capitalism.
At the end of the Cold War, an opportunity arose to fix these divisions at the Second
World Conference on Human Rights (1993) in Vienna. The conference and its outcome
document, the Vienna Declaration and Programme of Action (VDPA), mark an important
evolution in human rights. It was agreed to by all existing 171 States, demonstrating its universal
acceptance.
The VDPA revolutionized the understanding of human rights in many ways: it was an
attempt to codify the concept of ―all human rights for all.‖ The VDPA put an end to the idea that
human rights change according to cultural particularities; it declared that the protection of human
rights should be a legitimate concern of the international community, and that protection of these
25
rights was not exclusively a national matter. It also linked human rights to democracy and
development, stating that each was interdependent and mutually reinforced the other. In other
words, there cannot be rights without democracy, democracy without development, and
development without human rights.
The VDPA moved human rights from the divisive structure of the Cold War separation of
rights into a far more integrated and encompassing view. A major concept proposed by the
VDPA was that human rights are indivisible, interdependent, and inter-related.
These three terms together argue that human rights do not exist as separate categories, but
form one single group of inter-related categories of human rights.
• Indivisible means that a government cannot divide up rights and only choose specific
categories. A government must take human rights as a whole, and not just address separate
categories.
• Inter-dependent means each category of rights does not work independently: civil rights often
depend on social rights, which may depend on political rights, which may depend on economic
rights. For example, the right to education (a social right) depends on freedom of movement to
reach school (a civil right), but movement depends on having enough money, say, for a bus
ticket (an economic right), but to ride the bus, one needs to be healthy (a social right), but being
healthy may depend on demanding a government that ensures people‘s right to healthcare (a
political right).
• Inter-related means many rights are related to each other across categories. For example, the
right to assemble (a political right) also includes the right to join a trade union (an economic
right), and a right to be part of a minority group (a cultural and civil right). Similarly, the right to
have children is both a civil and a social right (as is the right to healthcare). This inter-
relationship clearly shows that rights are not mutually exclusive, but a network which relate and
re-enforce each other.
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liberal capitalism - :
Indivisible -
Inter-dependent -
Inter-related -
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