First-generation human rights, often called "blue" rights, deal Some international organizations have offices for safeguarding
safeguarding such
essentially with liberty and participation in political life. They are
fundamentally civil and political in nature: They serve negatively to
protect the individual from excesses of the state. First-generation
rights include, among other things, the right to life, equality before
the law, freedom of speech, the right to a fair trial, freedom of
religion and voting rights. They were pioneered by the United
States Bill of Rights and in France by the Declaration of the Rights
of Man and of the Citizen in the 18th century, although some of
these rights and the right to due process date back to the Magna
Carta of 1215 and the Rights of Englishmen, which were expressed
in the English Bill of Rights in 1689.
They were enshrined at the global level and given status
in international law first by Articles 3 to 21 of the 1948 Universal
Declaration of Human Rights and later in the 1966 International
Covenant on Civil and Political Rights. In Europe, they were
enshrined in the European Convention on Human Rights in 1953.
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 The Vienna Declaration confirms the right to development as a
developed legally binding declarations guaranteeing comprehensive collective as well as an individual right, individuals being regarded
sets of human rights, e.g. the European Social Charter. as the primary subjects of development. Recently, the right to
Some states have enacted some of these economic
rights, e.g., New York State 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.
Third-generation human rights are those rights that go beyond the
mere civil and social, as expressed in many progressive documents
of international law, including the 1972 Stockholm Declaration of
the United Nations Conference on the Human Environment, the
1992 Rio Declaration on Environment and Development, and other 2.) Hierarchy?
pieces of generally aspirational "soft law". Because of the present-
day tilting toward national sovereignty and the preponderance of No. Merely a distinction based on time.
would-be offender nations, these rights have been hard to enact in
legally binding documents.[citation needed] 3.) IHL vs. Human Rights
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 and collective rights
 Right to self-determination
 Right to economic and social development
 Right to a healthy environment
 Right to natural resources
 Right to communicate and communication rights
 Right to participation in cultural heritage
 Rights to intergenerational equity and sustainability
The African Charter on Human and Peoples' Rights ensures many
of those: right to self-determination, right to development, right to
natural resources and right to satisfactory environment.[8] Some
countries also have constitutional mechanisms for safeguarding
third-generation rights. For example, the Hungarian Parliamentary
Commissioner for Future Generations,[9] the Parliament of
Finland’s Committee for the Future, and the erstwhile Commission
for Future Generations in the Knesset in Israel.
rights. An example is the High Commissioner on National
Minorities of the Organization for Security and Co-operation in
Europe. The Directorate-General for the Environment of the
European Commission has as its mission "protecting, preserving
and improving the environment for present and future generations,
and promoting sustainable development."
A few jurisdictions have enacted provisions for environmental
protection, e.g. New York's "forever wild" constitutional article,
[10]
 which is enforceable by action of the New York State Attorney
General or by any citizen Ex rel with the consent of the Appellate
Division.[11]
Icelandic Human Rights Center
First, second and third generation rights
The division of human rights into three generations was first
proposed by Karel Vasak at the International Institute of Human
Rights in Strasbourg. His division follows the principles
of Liberté, Égalité and Fraternité of the French Revolution.
First generation rights are related to liberty and refer
fundamentally to civil and political rights. The second generation
rights are related to equality, including economic, social and
cultural rights. Third generation or ‘solidarity rights’ cover group
and collective rights, which include, inter alia, the right to
development, the right to peace and the right to a clean
environment. The only third generation right which so far has been
given an official human rights status - apart from the right to
selfdetermination, which is of longer standing - is the right to
development (see the Declaration on the Right to Development,
adopted by the UNGA on 4 December 1986, and the 1993 Vienna
Declaration and Programme of Action (Paragraph I, 10)).
development has been given considerable attention in the activities
of the High Commissioner for Human Rights. Adoption of a set of
criteria for the periodic evaluation of global development
partnerships from the perspective of the right to development by
the Working Group on the Right to Development, in January, 2006,
evidence the concrete steps being taken in this area. The EU and
its member states also explicitly accept the right to development as
part of the human rights concept.
While the classification of rights into ‘generations’ has the virtue of
incorporating communal and collective rights, thereby overcoming
the individualist moral theory in which human rights are grounded,
it has been criticised for not being historically accurate and for
establishing a sharp distinction between all human rights. Indeed,
the concept of generations of rights is at odds with the Teheran
Proclamation and the Vienna Declaration and Programme of Action,
which establish that all rights are indivisible, interdependent and
interrelated.
International humanitarian law and international human
rights law are two distinct but complementary bodies of law.
They are both concerned with the protection of the life, health
and dignity of individuals. IHL applies in armed conflict while
human rights law applies at all times, in peace and in war.
Both international humanitarian law and human rights law apply in armed
conflicts. The main difference in their application is that international human
rights law allows a State to suspend a number of human rights if it faces
asituation of emergency. IHL cannot be suspended (except as provided in
Article 5 to the Fourth Geneva Convention).
However, a State cannot suspend or waive certain fundamental rights that
must be respected in all circumstances. These include the right to life, the
prohibition of torture and inhuman punishment or treatment, the outlawing
of slavery or servitude, the principle of legality and the non-retroactivity of
the law and the right to freedom of thought, conscience and religion.
States have a legal duty to respect and implement both IHL and human rights
law. Compliance with IHL requires a state to introduce national legislation to
implement its obligations, to train its military and to bring to trial those in
grave breach of such law. Human rights law also contains provisions
requiring a State to take legislative and other appropriate measures to
implement its rules and punish violations.
IHL is based on the Geneva and Hague Conventions, Additional Protocols
and a series of treaties governing means and methods of waging war such as
those banning blinding laser weapons, landmines and chemical and
biological weapons, as well as customary law.
and children, and regulate aspects of the right to food and health. There
are however important differences between them: their origins, the scope
of their application, the bodies that implement them, and so on.

International human rights law is more complex and unlike IHL includes Origins
regional treaties. The main global legal instrument is the Universal IHL, the origins of which are ancient, was codified in the second half of
Declaration of Human Rights adopted by the UN General Assembly in 1948.
the 19th century, under the influence of Henry Dunant, the founding
Other global treaties include the International Covenant on Civil and Political
Rights, the International Covenant on Economic, Social and Cultural Rights father of the International Committee of the Red Cross. (See Question 6.)
as well as treaties on the prevention and punishment of torture and other Human rights law is a more recent body of law: it had its origins in certain
forms of cruel, inhuman or degrading treatment or punishment, on the
national human rights declarations influenced by the ideas of the
elimination of racial discrimination and discrimination against women, or on
the rights of the child. Enlightenment (such as the United States Declaration of Independence in
1776 and the French Declaration of the Rights of Man and of the Citizen in
Regional human rights conventions or charters have been adopted in Europe,
the Americas, Africa, and the Arab region. 1789). It was only after the Second World War that human rights law
emerged, under the auspices of the United Nations, as a branch of
In situations of armed conflict, human rights law complements and
international law. The Universal Declaration of Human Rights of 1948 first
reinforces the protection afforded by International Humanitarian Law.
defined human rights law at the international level in a non-binding
WHAT IS INTERNATIONAL HUMAN RIGHTS LAW? General Assembly resolution. It was only in 1966 that this Declaration was
Human rights law is a set of international rules, established by treaty or translated into universal human rights treaties: the International Covenant
custom, on the basis of which individuals and groups can expect and/or on Civil and Political Rights and the International Covenant on Economic,
claim certain rights that must be respected and protected by their States. Social and Cultural Rights, both of 1966. (See box.)
The body of international human rights standards also contains numerous
non-treaty-based principles and guidelines ('soft law'). Temporal scope of application
The main treaties of human rights law are given below:  While IHL applies exclusively in armed conflict (see Question 5),
human rights law applies, in principle, at all times, i.e. in peacetime and
a) Universal instruments during armed conflict. However, unlike IHL, some human rights treaties
permit governments to derogate from certain obligations during
 Convention on the Prevention and Punishment of the Crime of
public emergencies that threaten the life of the nation. Derogation must,
Genocide (1948)
however, be necessary and proportional to the crisis, must not be
 Convention on the Elimination of All Forms of Racial introduced on a discriminatory basis and must not contravene other rules
Discrimination (1965) of international law – including provisions of IHL. Certain human rights can
never be derogated from: among them, the right to life, the prohibition
 International Covenant on Civil and Political Rights (1966) against torture or cruel, inhuman or degrading treatment or punishment,
the prohibition against slavery and servitude and the prohibition
 International Covenant on Economic, Social and Cultural Rights against retroactive criminal laws.
(1966)
Geographical scope of application
 Convention on the Elimination of All Forms of Discrimination Another major difference between IHL and human rights law is
against Women (1979) their extraterritorial reach. That IHL governing international armed
conflicts applies extraterritorially is not a subject of controversy, given that
 Convention against Torture and Other Cruel, Inhuman or
its purpose is to regulate the conduct of one or more States involved in
Degrading Treatment or Punishment (1984)
an armed conflict on the territory of another. The same reasoning
 Convention on the Rights of the Child (1989) applies in non-international armed conflicts with an extraterritorial
element: the parties to such conflicts cannot be absolved of their IHL
 International Convention on the Protection of the Rights of All obligations when the conflict reaches beyond the territory of a single
Migrant Workers and Members of their Families (1999) State. Despite the views of a few important dissenters, it is widely
accepted that human rights law applies extraterritorially based, inter alia,
 International Convention for the Protection of All Persons from
on decisions by regional and international courts. The precise extent of
Enforced Disappearance (2006)
such application, however, is yet to be determined. Human rights bodies
 Convention on the Rights of Persons with Disabilities (2006) generally admit the extraterritorial application of human rights law when a
State exercises control over a territory (e.g. occupation) or a person (e.g.
b) Regional instruments  detention). Human rights case law is unsettled, however, on the
extraterritorial application of human rights norms governing the use of
 European Convention on Human Rights (1950) force.
 American Convention on Human Rights (1969) Personal scope of application
 African Charter on Human and Peoples' Rights (1981). IHL aims to protect persons who are not or are no longer taking direct part
in hostilities. It protects civilians and combatants hors de combat, such as
These treaties are supervised by human rights bodies, such as the Human the wounded, the sick and the shipwrecked or prisoners of war.
Rights Committee for the International Covenant on Civil and Political (See Question 7.) Human rights law, developed primarily for
Rights and the European Court for Human Rights for the European peacetime, applies to all persons within the jurisdiction of a State. Unlike
Convention on Human Rights. IHL, it does not distinguish between combatants and civilians or provide
for categories of 'protected person'.
While IHL and human rights law have developed in their separate ways,
some human rights treaties include provisions that come from IHL: for Parties bound by IHL and human rights law
instance, the Convention on the Rights of the Child and its Optional IHL binds all parties to an armed conflict and thus establishes an
Protocol on the involvement of children in armed conflict, and the equality of rights and obligations between the State and the non-State
Convention on Enforced Disappearance. side for the benefit of everyone who may be affected by their conduct (an
essentially 'horizontal' relationship). (See Question 8.) Human rights law
IHL and international human rights law are complementary bodies of explicitly governs the relationship between a State and persons who are
international law that share some of the same aims. Both IHL and human on its territory and/or subject to its jurisdiction (an essentially 'vertical'
rights law strive to protect the lives, the health and the dignity relationship), laying out the obligations of States vis à vis individuals across
of individuals, albeit from different angles – which is why, while very a wide spectrum of conduct. Thus, human rights law binds only States, as
different in formulation, the essence of some of the rules is similar. For evidenced by the fact that human rights treaties and other sources of
example, both IHL and human rights law prohibit torture or cruel human rights standards do not create legal obligations for non-State
treatment, prescribe basic rights for persons subject to criminal process, armed groups. The reason for this is that most groups of this kind are
prohibit discrimination, contain provisions for the protection of women
unable to comply with the full range of obligations under human rights law
because, unlike governments, they cannot carry out the functions on
which the implementation of human rights norms is premised. There is a
notable exception to this generalization about non-State armed groups:
those cases in which a group, usually by virtue of stable control of
territory, has the ability to act like a State authority and where its human
rights responsibilities may therefore be recognized de facto.
Substantive scope of application
IHL and human rights law share common substantive rules (such as
the prohibition of torture), but they also contain very different provisions.
IHL deals with many issues that are outside the purview of human rights
law, such as the status of 'combatants' and 'prisoners of war', the
protection of the red cross and red crescent emblems and the legality of
specific kinds of weapon. Similarly, human rights law deals with aspects of
life that are not regulated by IHL, such as the freedom of the press, the
right to assembly, to vote, to strike, and other matters. Furthermore, there
are areas that are governed by both IHL and human rights law, but in
different – and sometimes contradictory – ways. This is especially the case interplay of IHL and human rights law and as implying that human rights
for the use of force and detention.
 Regarding the use of force, IHL rules on the conduct of hostilities constitutes the lex specialis. In other words, when human rights law
recognize that the use of lethal force is inherent to waging war.
This is because the ultimate aim of military operations is to
prevail over the enemy's armed forces. Parties to an armed
conflict are thus permitted, or at least are not legally barred
from, attacking each other's military objectives, including enemy been called into question, there is a general acceptance of its
personnel. Violence directed against those targets is not
prohibited 40 by IHL, regardless of whether it is inflicted by a
State or a non-State party to an armed conflict. Acts of violence complementary, the notion of complementarity cannot resolve
against civilians and civilian objects – as well as indiscriminate the intricate legal issues of interplay that sometimes arise. In some
attacks – are, by contrast, unlawful because one of the main
purposes of IHL is to spare civilians and civilian objects the
effects of hostilities; and, under IHL, precautions must be taken
in order to minimize civilian losses. (See Question 11.)
Human rights law was conceived to protect persons from abuse 4.) 1993 Vienna Declaration
by the State; it regulates, not the conduct of hostilities between
parties to a conflict, but the manner in which force may be used >All peoples have the right of self-determination. By virtue of that right
in law enforcement. Law enforcement is predicated upon a
'capture-rather-than-kill' approach: the use of force must be the economic, social and cultural development.
last resort for protecting life, when other means are ineffective
or without promise of achieving the intended result, and must
be strictly proportionate to the legitimate aim to be achieved
(e.g. to prevent crime, to effect or assist in the lawful arrest of
offenders or suspected offenders, and to maintain public order
and security).
 Concerning detention, while both IHL and human rights law
provide for rules on the humane treatment of detainees, on
detention conditions and on fair trial rights, differences emerge
when it comes to procedural safeguards in internment, i.e. the
non-criminal detention of a person based on the seriousness of
the threat that his or her activity poses to the security of the
detaining authority. Internment is not prohibited during
armed conflict and, in general, a judicial review of the lawfulness
of the detention is not required under IHL. (See Question 10.)
Outside armed conflict, noncriminal (i.e. administrative)
detention is highly unusual. In the vast majority of cases, people
are deprived of their liberty because they are suspected
of having committed a criminal offence. The International
Covenant on Civil and Political Rights guarantees the right to
liberty of person and provides that every individual who has
been detained, for whatever reason, has the right to judicial
review of the lawfulness of his or her detention. This area of
human rights law is based on the assumption that the courts
are functioning, that the judicial system is capable of absorbing
all persons arrested at any given time regardless of their
numbers, that legal counsel is available, that law enforcement
officials have the capacity to perform their tasks, etc.
Circumstances are very different during armed conflict, which
is reflected in the provisions of IHL.
The interplay of IHL and human rights rules governing the use of force
and procedural safeguards for internment, at least in international armed
conflicts, must be resolved by reference to the lex specialis, that is the
provisions of IHL that were specifically designed to deal with those two
areas. (See box.)
INTERPLAY OF IHL AND HUMAN RIGHTS LAW
The interplay of IHL and human rights law remains the subject of much
legal attention, particularly because of its consequences for the conduct of
military operations. In its very first statement on the application of human
rights in situations of armed conflict, the 1996 Advisory Opinion on the
Legality of the Threat or Use of Nuclear Weapons, the International Court
of Justice observed that the protection provided by the
International Covenant on Civil and Political Rights did not cease in times
of war and that, in principle, the right not to be arbitrarily deprived of
one's life applied also in hostilities. The Court added that what constituted
arbitrary deprivation of life had to be determined by the applicable lex
specialis, namely, the law applicable in armed conflict, which is designed
to regulate the conduct of hostilities.
This statement has generally been interpreted as settling the issue of the
law, deemed to apply at all times, constitutes the lex generalis, while IHL,
whose application is triggered by the occurrence of armed conflict,
and IHL are in conflict, the latter is deemed to prevail, since it was
conceived specifically to deal with armed conflict.
While the meaning and even the utility of the doctrine of lex specialis have
indispensability for determining the interplay of IHL and human rights law.
Although, generally speaking, these two branches of international law are
instance, IHL and human rights rules might produce conflicting results
when applied to the same facts because they reflect the different
circumstances for which they were primarily developed.
they freely determine their political status, and freely pursue their
>Democracy, development and respect for human rights
and fundamental freedoms are interdependent and
mutually reinforcing. 
>The acts, methods and practices of terrorism in all its
forms and manifestations as well as linkage in some
countries to drug trafficking are activities aimed at the
destruction of human rights, fundamental freedoms and
democracy, threatening territorial integrity, security of
States and destabilizing legitimately constituted
Governments. The international community should take
the necessary steps to enhance cooperation to prevent
and combat terrorism.
>The World Conference on Human Rights reaffirms the right to
development, as established in the Declaration on the Right to
Development, as a universal and inalienable right and an integral part of
fundamental human rights.
>The human rights of women and of the girl-child are an
inalienable, integral and indivisible part of universal
human rights. The full and equal participation of women
in political, civil, economic, social and cultural life, at the
national, regional and international levels, and the
eradication of all forms of discrimination on grounds of
sex are priority objectives of the international
community.
>Migrant workers, indigenous people, freedom from
torture, enforced disappearance, rights of disabled
persons
5.) Duty bearers and rights holders
Right to Education Project definition:
 When a person has a right, someone else (primarily the state, but Both outcomes and processes are monitored and
also the International community, see ICESCR Art.2, and CRC evaluated.
Art.4) has a duty to respect, protect and fulfil these rights. Programmes focus on marginalizedand excluded groups.
Understanding the actors and the relationship between rights The development process is locally owned.
holders and duty bearers is one of the most important issues in
human rights.
Programmes aim to reduce disparities and empower
those left behind.
Situation analysis is used to identify immediate,
DUTY BEARERs
underlying and root causes of development problems.
States
As parties to human rights treaties, states have assumed the Analysis includes all stakeholders, including the
obligation to respect, protect and fulfil the right to education. In capacities of the state as the main duty-bearer and the role of other
education this may translate into the 4A –scheme, which refers to non-state actors.
the availability, accessibility, acceptability and adaptability of the Human Rights standards guide the formulation of
right to education. Provision of the right to education should not measurable goals,targets and indicators in programming.
discriminate; the right to education is the right of each person National accountability systems need to be strengthened
regardless of gender, physical or mental ability, or legal status. with a view to ensure independent review of government
However, such obligations and guarantees are often not translated performance and access to remedies for aggrieved individuals. 
into concrete legislation, polices and action on the ground. (For Strategic partnerships are developed and sustained. 
more information see 4A international framework) Source:  The Human Rights-based Approach to Development
International Community Cooperation
The Convention on the Rights of the Child includes the provision of
international cooperation (Article 4 and with particular reference to
education Article 28(3)). However, despite the growing awareness of Rights vs. needs
the need for gender equality in education, the international Before 1997, most UN development agencies pursued a ‘basic needs’
community has fallen short of their responsibility. One reason for this approach: They identified basic requirements of beneficiaries and
is the common misconception of education as a service rather than either supported initiatives to improve service delivery or advocated for
a right. (For more information please read UNICEF's their fulfilment.
report Summary of the CRC “What Rights?”). 
Parents UNFPA and its partners now work to fulfil the rights of people, rather
Article 26 of the UDHR stresses the parents’ right to choose the kind than the needs of beneficiaries. It’s an important distinction, because an
of education provided to their child. The CRC (Articles 3 and 29(1) unfulfilled need leads to dissatisfaction, while a right that is not
(c)), goes beyond this, stressing the importance of the best interests
of the child. Although the rights and duties of parents or legal
respected leads to a violation. Redress or reparation can be legally and
guardians are respected, it is now understood that the best interests legitimately claimed.
of the child are paramount.
RIGHTS HOLDERs A human rights-based approach also seeks to reinforce the capacities of
Women and girls are the rights holders. Education is a basic human duty bearers (usually governments) to respect, protect and guarantee
right and therefore it is the obligation of states to provide a school these rights. It aims to address development complexities holistically,
environment which ensures equal access to girls and boys. States taking into consideration the connections between individuals and the
must not only guarantee that women and girls are safe in schools, systems of power or influence. And it endeavours to create dynamics of
but also establish facilities, curricula and strategies that adapt to accountability.
their specific needs and rights, and will thus keep them in school.
Rights holders and duty bearers
This is a two-way street: Individuals and communities need to be
The Human Rights-Based Approach
fully informed about their rights and to participate in decisions
The equal and inalienable rights of all human beings provide the that affect them. Governments and other duty bearers often need
foundation for freedom, justice and peace in the world, assistance to develop the capacity, the resources and the political
according to the Universal Declaration of Human Rights, will to fulfil their commitments to human rights.
adopted by the UN General Assembly in 1948. The rights-based approach deals not just with outcomes but also
with how those outcomes are achieved. It recognizes that people
Achieving equality and dignity of all also underpins the are actors in their own development, rather than passive
Programme of Action of the International Conference on recipients of services. Informing, educating and empowering
Population and Development (ICPD), which guides our work. them is essential. Their participation is central, not only to
Prioritizing the application of human rights principles became a ensure they have ownership over the programme, but also to
cornerstone of UN reform efforts initiated in 1997. UNFPA was sustain progress.
one of the agencies that in 2003 adopted the UN Common A rights-based approach develops the capacity of duty-bearers to
Understanding on a Human-Rights-Based Approach (HRBA) to meet their obligations and encourages rights holders to claim
Development Cooperation, which clarifies how human rights their rights. Governments have three levels of obligation: to
standards and principles should be put into practice respect, protect and fulfil every right. To respect a right means
in programming. refraining from interfering with the enjoyment of the right. To
The human rights-based approach focuses on those who are protect a right means to prevent other parties from interfering
most marginalized, excluded or discriminated against. This often with the enjoyment of rights. To fulfil a right means to take
active steps to put in place, laws, policies, institutions and
requires an analysis of gender norms, different forms of
procedures, including the allocation of resources, to enable
discrimination and power imbalances to ensure that
people to enjoy their rights.
interventions reach the most marginalized segments of the
population.
UNFPA

Elements of good practices under a human rights-based

approach
 Programmes identify the realization of human rights as
ultimate goals of development
 People are recognized as key actors in their own
development, rather than passive recipients of commodities and
services.
 Participation is both a means and a goal.
 Strategies are empowering, not disempowering.