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Culture Documents
The division of human rights into three generations was initially proposed in
1979 by the Czech jurist Karel Vasak at the International Institute of Human
Rights in Strasbourg. He used the term at least as early as November
1977.[1] Vasak's theories have primarily taken root in European law.
*Right to life
The right to life is a moral principle based on the belief that a human being has the
right to live and, in particular, should not be killed by another human being. The
concept of a right to life arises in debates on issues of capital
punishment, war, abortion, euthanasia, justifiable homicide, and public health care.
Various individuals who identify with pro-life views may disagree on which areas this
principle applies, such as issues previously listed.
In human history, there has not been a general acceptance of the concept of a right
to life that is innate to individuals[citation needed] rather than granted as a privilege by
those holding social and political power. The evolution of human rights as a concept
took place slowly in multiple areas in many different ways, with the right to life being
no exception to this trend, and the past millennium in particular has seen a large set
of national and international law or legal documents (examples being the Magna
Carta and the Universal Declaration of Human Rights) codifying the general ideal
into specifically worded principles
Contents
1Capital punishment
2Killings by Law Enforcement
3Euthanasia
4Abortion
5Ethics and right to life
6Juridical statements
7See also
8References
9External links
*Equality before the law
Equality before the law, also known as equality under the law, equality in the
eyes of the law, legal equality, or legal egalitarianism, is the principle that each
independent being must be treated equally by the law (principle of isonomy) and that
all are subject to the same laws of justice (due process).[1] Therefore, the law must
guarantee that no individual nor group of individuals should be privileged or
discriminated against by the government. Equality before the law is one of the basic
principles of liberalism.[2][3] This principle arises from various important and complex
questions concerning equality, fairness, and justice. The principle of equality before
the law is incompatible and ceases to exist with legal systems such
as slavery, servitude, colonialism, or monarchy.[
Article 7
The Universal Declaration of Human Rights (UDHR) is a historic document that
was adopted by the United Nations General Assembly at its third session on 10
December 1948 as Resolution 217 at the Palais de Chaillot in Paris, France. Of the
then 58 members of the United Nations, 48 voted in favor, none against,
eight abstained, and two did not vote.
The Declaration consists of 30 articles affirming an individual's rights which,
although not legally binding in themselves, have been elaborated in subsequent
international treaties, economic transfers, regional human rights instruments,
national constitutions, and other laws. The Declaration was the first step in the
process of formulating the International Bill of Human Rights, which was completed
in 1966, and came into force in 1976, after a sufficient number of countries had
ratified them.
Articles 1–2 established the basic concepts of dignity, liberty, equality, and
brotherhood.
Articles 3–11 established other individual rights, such as the right to life and the
prohibition of slavery.
Articles 6–11 refer to the fundamental legality of human rights with specific
remedies cited for their defence when violated.
Articles 12–17 established the rights of the individual towards the community
(including such things as freedom of movement).
Articles 18–21 sanctioned the so-called "constitutional liberties", and with
spiritual, public, and political freedoms, such as freedom of thought, opinion,
religion and conscience, word, and peaceful association of the individual.
Articles 22–27 sanctioned an individual's economic, social and cultural rights,
including healthcare. Article 25 states: "Everyone has the right to a standard of
living adequate for the health and well-being of himself and of his family,
including food, clothing, housing and medical care and necessary social
services." It also makes additional accommodations for security in case of
physical debilitation or disability, and makes special mention of care given to
those in motherhood or childhood.[5]
Articles 28–30 established the general ways of using these rights, the areas in
which these rights of the individual can not be applied, and that they can not be
overcome against the individual.
*Freedom of speech
Freedom of speech is a principle that supports the freedom of an individual or a
community to articulate their opinions and ideas without fear of
retaliation, censorship, or sanction.[2][3][4][5] 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.
Freedom of expression is recognized as a human right under article 19 of
the Universal Declaration of Human Rights (UDHR) and recognized in international
human rights law in the International Covenant on Civil and Political Rights (ICCPR).
Article 19 of the UDHR 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". The version of Article 19 in the ICCPR
later amends this by stating that the exercise of these rights carries "special duties
and responsibilities" and may "therefore be subject to certain restrictions" when
necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of
national security or of public order (order public), or of public health or morals
*Right to a fair trial
A trial which is observed by trial judge or by jury without being partial is a fair trial.
Various rights associated with a fair trial are explicitly proclaimed in Article 10 of
the Universal Declaration of Human Rights, the Sixth Amendment to the United
States Constitution, and Article 6 of the European Convention of Human Rights, as
well as numerous other constitutions and declarations throughout the world. There is
no binding international law that defines what is not a fair trial; for example, the right
to a jury trial and other important procedures vary from nation to nation.
*Freedom of religion
*Suffrage
Suffrage, political franchise, or simply franchise is the right to vote in public,
political elections (although the term is sometimes used for any right to vote).[1][2][3] In
some languages, and occasionally in English, the right to vote is called active
suffrage, as distinct from passive suffrage, which is the right to stand for
election.[4] The combination of active and passive suffrage is sometimes called full
suffrage.[5]
Suffrage is often conceived in terms of elections for representatives. However,
suffrage applies equally to referenda and initiatives. Suffrage describes not only the
legal right to vote, but also the practical question of whether a question will be put to
a vote. The utility of suffrage is reduced when important questions are decided
unilaterally without extensive, conscientious, full disclosure and public review.
In most democracies, eligible voters can vote in elections of representatives. Voting
on issues by referendum may also be available.
*Second-generation human rights]
Second-generation human rights are related to equality and began to be recognized
by governments after World War II. They are fundamentally economic, social, and
cultural in nature. They guarantee different members of the citizenry equal
conditions and treatment. Secondary rights would include a right to be
employed in just and favorable condition, rights to food, housing and health care, as
well as social security and unemployment benefits. Like first-generation rights, they
were also covered by the Universal Declaration of Human Rights, and further
embodied in Articles 22 to 28 of the Universal Declaration, and the International
Covenant on Economic, Social, and Cultural Rights.
In the United States of America, President Franklin D. Roosevelt proposed a Second
Bill of Rights, covering much the same grounds, during his State of the Union
Address on January 11, 1944. Today, many nations, states, or groups of nations
have developed legally binding declarations guaranteeing comprehensive sets of
human rights, e.g. the European Social Charter.
Some states have enacted some of these economic rights, e.g. the state of New
York has enshrined the right to a free education,[2][3] as well as "the right
to organize and to bargain collectively",[4] and workers' compensation,[5] in
its constitutional law.
These rights are sometimes referred to as "red" rights. They impose upon the
government the duty to respect and promote and fulfill them, but this depends on the
availability of resources. The duty is imposed on the state because it controls its own
resources. No one has the direct right to housing and right to education. (In South
Africa, for instance, the right is not, per se, to housing, but rather "to have access to
adequate housing",[6] realised on a progressive basis.[7])
The duty of government is in the realization of these positive rights.
*Right to work
The right to work is the concept that people have a human right to work, or engage
in productive employment, and may not be prevented from doing so. The right to
work is enshrined in the Universal Declaration of Human Rights and recognized
in international human rights law through its inclusion in the International Covenant
on Economic, Social and Cultural Rights, where the right to work emphasizes
economic, social and cultural development.
* Definition
Article 23.1 of the Universal Declaration of Human Rights states:[1]
(1) Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment.
— Universal Declaration of Human Rights, United Nations General Assembly
* Decent work
The United Nations Economic and Social Council has given a General
Comment[1] that defines "decent work" and requires satisfaction of Article 7 of
the International Covenant on Economic, Social and Cultural Rights: decent work
is employment that "respects the fundamental rights of the human person as well as
the rights of workers in terms of conditions of work safety and remuneration. ...
respect for the physical and mental integrity of the worker in the exercise of his/her
employment."
According to the International Labour Organization (ILO), decent work involves
opportunities for work that are productive and deliver a fair income, security in the
workplace and social protection for families, better prospects for personal
development and social integration, freedom for people to express their concerns,
organize and participate in the decisions that affect their lives and equality of
opportunity and treatment for all women and men.
*Social security
This article is about the general concept of social wellbeing and the systems that
ensure this. For specific systems named "SSocial security is "any government
system that provides monetary assistance to people with an inadequate or no
income."[1]
Social security is asserted in Article 22 of the Universal Declaration of Human
Rights, which states:
ocial Security" and other uses, see Social Security
*Unemployment benefits
Unemployment benefits (depending on the jurisdiction also called unemployment
insurance or unemployment compensation) are payments made by back
authorized bodies to unemployed people. In the United States, benefits are funded
by a compulsory governmental insurance system, not taxes on individual citizens.
Depending on the jurisdiction and the status of the person, those sums may be
small, covering only basic needs, or may compensate the lost time proportionally to
the previous earned salary.
Unemployment benefits are generally given only to those registering as
unemployed, and often on conditions ensuring that they seek work and do not
currently have a job, and are validated as being laid off and not fired for cause
in most states
The term "third-generation human rights" remains largely unofficial, just as the
also-used moniker of "green" rights, and thus houses an extremely broad
spectrum of rights, including:
group qua group rather than by its members severally;[1] in contrast, individual
rights are rights held by individual people; even if they are group-
differentiated, which most rights are, they remain individual rights if the right-
holders are the individuals themselves.[2] Group rights have historically been
used both to infringe upon and to facilitate individual rights, and the concept
remains controversial.
*Right to self-determination
This article is about self-determination in international law. For other
uses, see Self-determination (disambiguation).