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    Human Rights

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    Lejoe Campos
    Human rights are the minimum entitlements that every person should be able to claim by virtue of being human. They include civil, cultural, economic, political and social rights. Human rights are inherent, inalienable, and non-transferable, whereas ordinary rights are acquired through transactions and can be transferred. Human rights are recognized at the international, national and local levels through declarations, treaties, and constitutions and apply to all people at all times, even during emergencies, with some limited exceptions.

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    Human Rights

    Uploaded by

    Lejoe Campos
    144 views24 pages
    Human rights are the minimum entitlements that every person should be able to claim by virtue of being human. They include civil, cultural, economic, political and social rights. Human rights are inherent, inalienable, and non-transferable, whereas ordinary rights are acquired through transactions and can be transferred. Human rights are recognized at the international, national and local levels through declarations, treaties, and constitutions and apply to all people at all times, even during emergencies, with some limited exceptions.

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    Human rights are the minimum entitlements that every person should be able to claim by virtue of being human. They include civil, cultural, economic, political and social rights. Human rights are inherent, inalienable, and non-transferable, whereas ordinary rights are acquired through transactions and can be transferred. Human rights are recognized at the international, national and local levels through declarations, treaties, and constitutions and apply to all people at all times, even during emergencies, with some limited exceptions.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    144 views24 pages

    Human Rights

    Uploaded by

    Lejoe Campos
    Human rights are the minimum entitlements that every person should be able to claim by virtue of being human. They include civil, cultural, economic, political and social rights. Human rights are inherent, inalienable, and non-transferable, whereas ordinary rights are acquired through transactions and can be transferred. Human rights are recognized at the international, national and local levels through declarations, treaties, and constitutions and apply to all people at all times, even during emergencies, with some limited exceptions.

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    of 24

    WHAT ARE HUMAN

    RIGHTS?
    Distinctions between
    Human Rights and Ordinary Rights
    HUMAN RIGHTS ORDINARY RIGHTS
    • supreme . ordinary
    • inherent . Acquired
    - incident
    - transaction
    • inalienable . alienable
    (non-transferable) (transferable)
    Distinctions between
    Human Rights and Ordinary Rights
    HUMAN RIGHTS ORDINARY RIGHTS
    • imprescriptible . Prescriptible
    (non-temporal) (temporal)
    • always focused on persons . Not always focused on
    persons
    Human Rights and Ordinary Rights
    HUMAN RIGHTS ORDINARY RIGHTS
    • supreme . ordinary
    • inherent . Acquired
    - incident
    - transaction
    • inalienable . alienable
    (non-transferable) (transferable)

    •imprescriptible . Prescriptible
    (non-temporal) (temporal)

    • always focused on persons . Not always


    focused on persons
    WHAT ARE HUMAN
    RIGHTS?

    Human rights are the minimum

    civil, cultural, economic, political and social


    entitlements that every human being

    should be able to claim and enjoy


    because they are human.
    HUMAN RIGHTS ARE ...
    • A moral recognition of the dignity and
    equality of all human beings

    • A legal guarantee - States (and increasingly


    non-State actors e.g. private business) are
    accountable for not protecting people from
    abuse + everyone should be able to claim a
    remedy for abuse
    2 Broad Classifications of Human Rights

    Civil and Political Rights

    and

    Economic, social and cultural


    rights
    Examples of civil and political rights
    1. The right to life (or not to be deprived of life
    arbitrarily)
    2. The right to due process
    3. The right of suffrage
    4. The right to redress of grievances
    5. The right to freedom from arbitrary dtention
    6. The right to freedom from torture
    7. The right to speedy, impartial and inexpensive
    trial
    8. The right to legal counsel
    9. The right to freedom of association
    10.The right to freedom of peaceful assembly
    11.The right to freedom of conscience (to worship
    one’s religion, to hold one’s political beliefs,etc)
    Examples of economic, social and cultural R
    1. The right to own and use property
    2. The right to work
    3. The right social security
    4. The right to health
    5. The right to equality of the sexes
    6. The right to fair renumeration
    7. The right to just working conditions
    8. The right to freedom from discrimination
    9. The right to access to education
    10.The right to equal access to opportunities
    11.The right of children to protection
    HUMAN RIGHTS ARE NOT ...
    • Many legal rights are not human rights (eg
    contractual rights, divorce rights)

    • Many things that are good or moral are not


    human rights (eg love, honesty, respect)

    • Charity or compassion are not an exercise of


    human rights - why not?
    DO ANIMALS HAVE
    HUMAN RIGHTS?

    Why or why not?


    HOW ARE HUMAN RIGHTS
    RECOGNIZED?
    Claims made at local level national level
    international level, where the right is
    recognized in a human rights document

    Examples:
    • minimum age of military recruitment
    • female genital mutilation
    • disability rights
    • rights of migrant workers
    WHERE ARE HUMAN RIGHTS
    WRITTEN DOWN?
    International level:
    “Declarations” Treaties
    “Principles” Covenants
    “Guidelines” Conventions

    Not legally “Ratified” or


    binding but “Acceded”
    authoritative “legally binding”
    SOME NON-TREATY HUMAN
    RIGHTS STANDARDS
    • Universal Declaration of Human Rights (1948)
    • Declaration on the Elimination of All Forms of Intolerance
    and of Discrimination based on Religion or Belief
    • Body of Principles for the Protection of All Persons under any
    Form of Detention or imprisonment
    • Declaration on the Rights of Persons Belonging to National or
    Ethnic, Religious and Linguistic Minorities
    • Declaration on the Protection of All Persons from Enforced
    Disappearances
    • Standard Rules on the Equalization of Opportunities for
    Persons with Disabilities
    • Declaration on the Right to Development
    SOME GLOBAL HUMAN
    RIGHTS TREATIES
    International Covenant on ...
    •…Civil and Political Rights (ICCPR) 1966
    •…Economic, Social and Cultural Rights (ICESCR) 1966

    Treaties to protect vulnerable groups or particular rights:


    The Convention ...
    •.. on the rights of the Child (1989)
    •.. on the Protection of Migrant Workers (1990)
    •.. on the Elimination of Discrimination against Women (1979)
    •.. on the Elimination of Racial Discrimination (1965)
    •.. against Torture (1984)
    SOME GLOBAL HUMAN
    RIGHTS TREATIES (II)

    • Convention relating to the status of refugees

    •ILO conventions, such as the Convention concerning


    Indigenous and Tribal Peoples (ILO No.169)
    When does HRs law apply?
    Always, in peace and war, except,
    1. Some civil/political rights may be restricted
    during a state of emergency
    2. Some rights already have restrictions built into
    them (eg freedom of expression)
    3. States can make “reservations”
    Crime is not a human rights violation, but could
    be if government “inaction”
    CLASSIFICATIONS OF RIGHTS
    A. According to Source
    1. Natural Rights
    2. Constitutional Rights
    3. Statutory Rights

    B. According to Recipient
    1. Individual Rights
    2. Collective Rights
    CLASSIFICATIONS OF RIGHTS

    C. According to the
    Aspects of Life
    1. Civil Rights
    2. Political Rights
    3. Economic Rights
    4. Social Rights
    5. Cultural Rights
    CLASSIFICATIONS OF RIGHTS

    C. According to the D. According to


    Aspects of Life Struggle & Recognition
    1. Civil Rights 1. 1st Generation of HR
    2. Political Rights
    3. Economic Rights 2. 2nd Generation of HR
    4. Social Rights
    5. Cultural Rights
    3. 3rd Generation of HR
    … Collective Rights
    CLASSIFICATIONS OF RIGHTS

    E. According to Derogability

    1. Derogable Rights
    2. Non-Derogable Rights
    States can suspend/restrict some
    rights only if:
    • restrictions are temporary
    • there really is an exceptional threat to life of the nation
    • official proclamation is made & UN is informed
    • every restriction is “strictly necessary” and reasonable to
    meet the threat
    • other obligations under international law are respected
    • restrictions do not discriminate
    [Interpret above very strictly. State must prove a restriction is
    justified in each case]
    Some rights can never be
    suspended:
    • right to life
    • no torture
    • no slavery
    • no discrimination
    • freedom of thought, conscience and religion
    • right to recognition before the law
    • all economic, social and cultural rights
    • everything in the Rights of Child Convention
    THANK YOU
    FOR YOUR
    ACTIVE LISTENING
    AND PARTICIPATION!

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