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HUMANS RIGHTS: AN OVERVIEW

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

1 Human rights: what does it mean? 2 The Universal Declaration of Human Rights: what is it? 3 The Universal Declaration of Human Rights: how is enforced?

1 Human rights: what does it mean?

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

There are two kinds of rights ‡ Liberty or privilege rights. ‡ Claim rights.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Liberty or privilege rights (or simply ³liberties´) e.g. freedom of speech ‡ Rights that grant permission. ‡ Rights on the own behaviour, because they do not entail properly obligations on other people.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Liberty or privilege rights (or simply ³liberties´) You have the right to pick up a coin that you find by the side of the road: this right is a liberty or a privilege.
She has the right to look at the sky: this right is a liberty or a privilege.
I have the right to turn my hand down: this right is a liberty or a privilege.
...............

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Claim rights e. g. right to life ‡ Rights which grant an entitlement. ‡ Rights on the others¶ behaviour, because they entail obligations on other people regarding the right-holder.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Claim rights A contract between employer and employee confers on the employee the right to be paid his wages: this right is a claim.
You have the right of having privacy in your correspondence: this right is a claim.
I have the right my hand not to be mutilated: this right is a claim.
...............

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Some questions!
‡ Has he the right to paint his nails? ‡ Is it a liberty right or a claim right? ‡ Have I (the teacher) the right to have only good students? ‡ Is it a liberty right or a claim right?

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

More questions!
‡ Have you (the students) the right to one smile per day (from your teacher)? ‡ Is it a liberty right or a claim right? ‡ Have we the right to download music (and other copyright contents) from the internet? ‡ Is it a liberty right or a claim right?

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Liberty and claim rights are the inverse of one another ‡ A person has a liberty right permitting someone to do something only if there is no other person who has a claim right forbidding him from doing so; and likewise, if a person has a claim right against someone else, another person's liberty is thus limited.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Human rights: what are rights? rights? Rights are liberties and claims which people are entitled to

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Human rights: why are human? human? Human rights are human because all humans are entitled to. Every human being, as a human being, holds human rights.
Rights limited to some people (a part of society, a group, a class,...) or held by non-humans (animals,...) are not human rights.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Remember! ‡ In the past...
- In ancient Greece, most people considered that strangers had not the right to... - In the Roman Empire, most people considered that slaves had not the right to... - In 18th century Europe, most people considered that only nobles had the right to...

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Remember! ‡ In the present...
- Most people consider that only some immigrants have the right to... - Most (or some) people consider that only women have the right to...

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Human rights: what does it mean? rights: Human rights are liberty and claim rights which all humans are entitled to

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Some questions!
‡ ‡ ‡ ‡ ‡ ‡ Have I the right to have a new computer? Is it a human right? Have we the right to education? Is it a human right? Have you the right not to go to school? Is it a human right?

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Who and how to decide which liberties and claims are human rights? ‡ Human rights are beliefs -strong beliefsthat some people have argued. ‡ Human rights are reasonable and reasoned ideas. ‡ Human rights are ideals hold by (a great number of) people.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Human rights: what does it mean? Until 1948, most human rights were only ideals hold by some people, that is to say, human rights were only moral rights.
...but the history of human rights does not end here.

2 The Universal Declaration of Human Rights: what is it?

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

The Universal Declaration of Human Rights: what is it? The Universal Declaration of Human Rights (UDHR), a milestone document in the history of human rights, is a non-binding declaration adopted by the United Nations General Assembly in Paris on the 10th of December, 1948.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

The UDHR was drafted by representatives of different legal and cultural backgrounds from all regions of the world and adopted, by a vote of 48 in favour, 0 against and 8 abstentions, as a common standard of achievements for all people and all nations. It sets out, for the first time, fundamental human rights to be universally protected.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Countries voting in favour of the Declaration
Afghanistan, Argentina, Australia, Belgium, Bolivia, Brazil, Burma, Canada, Chile, China, Colombia, Costa Rica, Cuba, Denmark, the Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, France, Greece, Guatemala, Haiti, Iceland, India, Iran, Iraq, Lebanon, Liberia, Luxembourg, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Thailand, Sweden, Syria, Turkey, United Kingdom, United States, Uruguay and Venezuela.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Countries abstaining
Byelorussia, Czechoslovakia, Poland, Ukraine, Yugoslavia, South Africa and Saudi Arabia. USSR,

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

The Universal Declaration of Human Rights Images of a historical moment
Third Session of the General Assembly, 181st and 183rd Plenary Meetings, Palais de Chaillot, Paris, France, 10 December 1948: Adoption of the Universal Declaration of Human Rights The President of the General Assembly, Mr. H. V. Evatt (Australia), puts to the vote the draft resolution as a whole. A roll-call is taken. The Universal Declaration of Human Rights is adopted. 183rd Plenary Meeting, 10 December 1948 X

X

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

The UDHR text

Eleanor Roosevelt holds the Universal Declaration of Human Rights in 1948.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

The UDHT text consists of a preamble and thirty articles. René Cassin, one of the drafters of the Declaration, compared the Declaration to the portico of a Greek temple, with a foundation, steps, four columns and a pediment

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Acropolis of Athens and the Parthenon, the temple of the Greek goddess Athena

The portico of the temple of Concord at Agrigentum

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Art. 28-30 (pediment)

Art. 3-27 (4 columns)

Preamble (7 par.) (steps) Art. 1-2 (foundation) Art. 3-11 Rights of the individual Art. 18-21 Spiritual, public and political freedoms

Art. 12-17 Art. 22-27 Rights of the individual in Social, economic and civil and political society cultural rights

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

The seven paragraphs of the preamble, setting out the reasons for the Declaration, are represented by the steps.
‡ ³Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,...´ (preamble, par. 1) ³Whereas it is essential to promote the development of friendly relations between nations,...´ (preamble, par. 4)

‡

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Articles 1 and 2 are the foundation blocks, with their principles of dignity, liberty, equality and brotherhood.
‡ ³All human beings are born free and equal in dignity and rights...´ (art. 1) ³Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status....´ (art. 2)

‡

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

The main body of the Declaration forms the four columns. The first column (articles 3± 11) constitutes rights of the individual.
‡ ‡ ‡ ³Everyone has the right to life, liberty and security of person.´ (art. 3) ³No one shall be held in slavery or servitude.´ (art. 4) ³No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.´ (art. 5) ³All are equal before the law...´ (art. 7)

‡

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

The second column (articles 12±17) constitutes the rights of the individual in civil and political society.
‡ ³No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation.´ (art. 12) ³Everyone has the right to leave any country,...´ (art. 13) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. (...) Marriage shall be entered into only with the free and full consent of the intending spouses.´ (art. 16) ³Everyone has the right to own property...´ (art. 17)

‡ ‡

‡

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

The third column (articles 18±21) is concerned with spiritual, public and political freedoms.
‡ ‡ ‡ ‡ ³Everyone has the right to freedom of thought, conscience and religion;...´ (art. 18) ³Everyone has the right to freedom of opinion and expression;...´ (art. 19) ³Everyone has the right to freedom of peaceful assembly and association.´ (art. 20) ³Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.´ (art. 21)

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

The fourth column (articles 22±27) sets out social, economic and cultural rights.
‡ ³Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.´ (art. 23) ³Everyone, without any discrimination, has the right to equal payment for equal work.´ (art. 23) ³Everyone 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,...´ (art. 25) ³Everyone has the right to education.´ (art. 26)

‡ ‡

‡

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

The last three articles (articles 28-30) of the Declaration provide the pediment which binds the structure together. These articles are concerned with the duty of the individual to society and the prohibition of use of rights in contravention of the purposes of the United Nations.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Music for the UDHR text
Created by Seth Brau Produced by Amy Poncher Music by Rumspringa courtesy Cantora Records

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Notice! The UDHR: ‡ is not a law, ‡ is not a binding resolution, ‡ is not a treatise, is a declaration, ‡ sets forth general principles of human rights, not specific commitments. For these reasons...

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

... although the Declaration urges member states of United Nations to promote human rights, the states can respect and observe the rights included in the Declaration, or not.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Human rights: what does it mean? Until 1948, most human rights were only ideals hold by some people, that is to say, human rights were only moral rights. From 1948, human rights included in the UDHR are more than moral rights, but there are not yet legal rights.
...but the history of human rights does not end here.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

The question is how to enforce the human rights included in the UDHR?

3 The UDHR: how is enforced? 3 The UDHR: how is enforced?

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

The UDHR: how is enforced? The third paragraph of the Declaration intends the rights in the UDHR to be legally enforced through some means: ‡ ³it is essential, («) that human rights should be protected by the rule of law.´

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

To protect the rights in the Declaration by the rule of law, the UDHR has to become: ‡ a binding treatise ‡ a covenant ‡ a law

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

The Declaration was bifurcated into two distinct and different covenants, a Covenant on Civil and Political Rights and another Covenant on Economic, Social and Cultural Rights. Why was bifurcated into two covenants?

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Western states (capitalists) insisted that economic and social rights were essentially aspirations or plans, not rights, since their realization depended on availability of resources and on controversial economic theory and ideology. There was agreement that the means required to enforce socioeconomic undertakings were different from the means required for civil-political rights.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

The International Covenant on Civil and Political Rights ‡ The ICCPR is a multilateral treaty adopted by the United Nations General Assembly in 1966 and in force from 1976. ‡ It commits to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

The International Covenant on Economic, Social and Cultural Rights ‡ The ICESCR is a multilateral treaty adopted by the United Nations General Assembly in 1966 and in force from 1976. ‡ It commits to work towards the granting of economic, social, and cultural rights to individuals, including labour rights and rights to health, education, and an adequate standard of living.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

International Covenant on Civil and Political Rights

International Covenant on Economic, Social and Cultural Rights

The ICCPR had 72 signatories and 165 parties in October 2009)

signed and ratified signed but not ratified neither signed not ratified

The ICESCR had 160 parties and 6 6 countries had signed, but not yet ratified.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

The UDHR: how is enforced? The states that sign and ratify the covenants have to incorporate them into its national or domestic law and respect them, because the covenant bands treaties.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

There are some other covenants and treaties to promote human rights. Altogether form the international human rights law: a system of laws, both domestic, regional and international, designed to promote human rights.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

The UDHR: how is enforced? And if a state having signed and ratified these covenants and treatises, does not respect them and violate human rights? ‡ There is currently no international court to administer international human rights law, however...

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

...some limited possibilities are open: ‡ The International Criminal Court (ICC) has jurisdiction over the crime of genocide, war crimes and crimes against humanity. ‡ The European Court of Human Rights, has jurisdiction over violation of human rights in Europe.

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

The International Criminal Court in The Hague

The European Court of Human Rights in Strasbourg

Who is?

Radovan Karadzic

HUMANS RIGHTS: AN OVERVIEW
1. Human rights: what does it mean? 2. The UDHR: what is it? 3 The UDHR: how is enforced?

Human rights: what does it mean? Until 1948, most human rights were only ideals hold by some people, that is to say, human rights were only moral rights. From 1948, human rights included in the UDHR are more than moral rights, but there are not yet legal rights. From 1976, human rights included in the UDHR are already legal rights.
...but there is a lot to be done in the history of human rights.