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Nama : Ariesta Shinta Dewi

Nrp : 120119170

KP :C

RESUME WEBINAR MATA KULIAH PEMBENTUKAN PERATURAN PERUNDANG-


UNDANGAN

HUMAN RIGHTS IN EUROPE

Brief self-introduction

Part 1. Human rights in general

Part 2. Council of Europe

Human rights ; basic rights and freedoms to which all humans are entitled. They are universal
and inalienable

• Universal bercause everyone is born with and possesses the same rights. Regardless of
wgere they live their gender or race or their religious, cultural or ethnic background
• Inalienable because ther are fundamental are not awarded by human power and cannot
be surrendered or taken away by legislation

Main creators of social ( human rights )

- International convenant on economics and cultural rights

- International labour organization

- Council of Europe

- EU

- EU Charter of fundamental rights

- European pillar of social rights

5 mains categoris of human rights family

- Civil rights

- Political rights

- Economis rights
- Social rights

- Cultural rights

The EU’s founding values are ‘human dignity, freedom, democracy, equality, the rule
of law and respect for human rights, including the rights of persons belonging to minorities’.
The rule of law is enshrined in Article 2 of the Treaty on European Union as one of the common
values for all EU Member States. Under the rule of law, all public powers always act within the
constraints set out by law, in accordance with the values of democracy and fundamental rights,
and under the control of independent and impartial courts. Respect for the rule of law is essential
for the very functioning of the EU: for the effective application of EU law, for the proper
functioning of the internal market, for maintaining an investment-friendly environment and for
mutual trust. The term ‘human rights’ is generally used in international law and refers to rights
pertaining to all humans irrespective of their nationality, race, caste, creed, gender, etc. The EU
tends to use the term ‘human rights’ in the context of its external relations and development
cooperation policies. Many of the rights and freedoms contained in the EU’s charter reflect
those already enshrined in the Council of Europe’s European Convention on Human Rights
(1950) and Social Charter (1965, and revised in 1996). Article 7 of the Treaty on European
Union allows for the possibility of suspending EU membership rights (such as voting rights in
the Council) if a country seriously and persistently breaches the principles on which the EU is
founded (liberty, democracy, respect for human rights and fundamental freedoms, and the rule
of law).

First generation rights These rights began to emerge as a theory during the seventeenth and
eighteenth centuries and were based mostly on political concerns. It had begun to be recognised
that there were certain things that the all-powerful rulers should not be able to do and that people
should have some influence over the policies that affected them. The two central ideas were
those of personal liberty, and of protecting the individual against violations by the state. Second
generation rights These rights concern how people live and work together and the basic
necessities of life. They are based on the ideas of equality and guaranteed access to essential
social and economic goods, services, and opportunities. They became increasingly a subject of
international recognition with the effects of early industrialisation and the rise of a working
class. These led to new demands and new ideas about the meaning of a life of dignity. People
realised that human dignity required more than the minimal lack of interference from the state
as proposed by the civil and political rights. Social, economic and cultural rights are outlined
in the International Covenant on Economic, Social and Cultural Rights (ICESCR) and also in
the European Social Charter of the Council of Europe.

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