human rights by josep sanllehí

8/9/2019 Human Rights by Josep Sanlleh

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HUMANS RIGHTS: AN OVERVIEWHUMANS RIGHTS: AN OVERVIEW


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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 HumanRights: how is enforced?


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11 Human rights: what does it mean?Human rights: what does it mean?


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There are two kinds of rights

Liberty orprivilege rights.

Claim rights.


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Liberty orprivilege rights (or simplyliberties)

e.g. freedom of speech

Rights that grant permission.

Rights on the own behaviour, becausethey do not entail properly obligations onother people.


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Liberty orprivilege rights (or simplyliberties)

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.

...............


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Claim rights

e. g. right to life

Rights which grant an entitlement.

Rights on the others behaviour, because

they entail obligations on other peopleregarding the right-holder.


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Claim rights

A contract between employer and employeeconfers on the employee the right to bepaid 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................


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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?


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More questions!

Have you (the students) the right to one smileper day (from your teacher)?


Have we the right to download music (and other

copyright contents) from the internet?



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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.


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Human rights: what areHuman rights: what are rightsrights??

Rights are liberties and claims which people

are entitled to


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Human rights: why areHuman rights: why are humanhuman??

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.


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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...


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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...


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Human rightsHuman rights: what does it mean?: what does it mean?

Human rights are liberty and claim rights

which all humans are entitled to


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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?


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Who and how to decide which liberties and

claims are human rights?

Human rights are beliefs -strong beliefs-

that some people have argued.

Human rights are reasonable and

reasoned ideas.

Human rights are ideals hold by (a great

number of) people.


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Human rights: what does it mean?Human rights: what does it mean?

Until 1948, most human rights were onlyideals hold by some people, that is to say,

human rights were only moral rights.

...but the history of human rights does not end here.


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22 The Universal Declaration of Human Rights:The Universal Declaration of Human Rights:

what is it?what is it?


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The Universal Declaration of HumanThe Universal Declaration of Human

Rights: what is it?Rights: what is it?

The Universal Declaration of Human Rights

(UDHR), a milestone document in the

history of human rights, is a non-bindingdeclaration adopted by the United Nations

General Assembly in Paris on the 10th of

December, 1948.


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The UDHR was drafted by representatives of

different legal and cultural backgroundsfrom 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.


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Countries voting in favourof 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.


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Countries abstaining

Byelorussia, Czechoslovakia, Poland, Ukraine, USSR,

Yugoslavia, South Africa and Saudi Arabia.


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The Universal Declaration of HumanThe Universal Declaration of Human

RightsRights

Images of a historical moment

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

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

X X


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The UDHR textThe UDHR text

Eleanor Roosevelt holds the Universal

Declaration of Human Rights in 1948.


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The UDHT text consists of a preamble and

thirty articles. Ren Cassin, one of thedrafters of the Declaration, compared the

Declaration to the portico of a Greek

temple, with a foundation, steps, four

columns and a pediment


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Acropolis of Athens and the

Parthenon, the temple of the

Greek goddess Athena

The portico of the

temple of Concord at

Agrigentum


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Art. 12-17

Rights of the individual in

civil and political society

Art. 3-27

(4 columns)

Preamble (7 par.)

(steps)

Art. 1-2

(foundation)

Art. 3-11

Rights of the

individual

Art. 28-30

(pediment)

Art. 18-21

Spiritual, public and

political freedoms

Art. 22-27

Social, economic and

cultural rights


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The seven paragraphs of the preamble,

setting out the reasons for the Declaration,

are represented by the steps.

Whereas 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)

Whereas it is essential to promote the development of friendly

relations between nations,... (preamble, par. 4)


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Articles 1 and 2 are the foundation blocks,

with their principles of dignity, liberty,

equality and brotherhood.

All human beings are born free and equal in dignity and rights... (art.

1)

Everyone 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)


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The main body of the Declaration forms the

four columns. The first column (articles 3

11) constitutes rights of the individual.

Everyone has the right to life, liberty and security of person. (art. 3)

No one shall be held in slavery or servitude. (art. 4)

No one shall be subjected to torture or to cruel, inhuman or degrading

treatment or punishment. (art. 5)

All are equal before the law... (art. 7)


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The second column (articles 1217)

constitutes the rights of the individual in civil

and political society.

No one shall be subjected to arbitrary interference with his privacy,

family, home or correspondence, nor to attacks upon his honour and

reputation. (art. 12)

Everyone 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)

Everyone has the right to own property... (art. 17)


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The third column (articles 1821) is

concerned with spiritual, public and political

freedoms.

Everyone has the right to freedom of thought, conscience and

religion;... (art. 18)

Everyone has the right to freedom of opinion and expression;... (art.

19)

Everyone has the right to freedom of peaceful assembly and

association. (art. 20)

Everyone has the right to take part in the government of his country,

directly or through freely chosen representatives. (art. 21)


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The fourth column (articles 2227) sets out

social, economic and cultural rights.

Everyone has the right to work, to free choice of employment, to just

and favourable conditions of work and to protection against

unemployment. (art. 23)

Everyone, without any discrimination, has the right to equal payment

for equal work. (art. 23) 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,... (art. 25)

Everyone has the right to education. (art. 26)


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The last three articles (articles 28-30) of the

Declaration provide the pediment which

binds the structure together. These articlesare concerned with the duty of the individual

to society and the prohibition of use of

rights in contravention of the purposes ofthe United Nations.


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Music for the UDHR textMusic for the UDHR text

Created by Seth Brau

Produced by Amy Poncher

Music by Rumspringa

courtesy Cantora Records


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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...


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... although the Declaration urges memberstates of United Nations to promote human

rights, the states can respect and observe

the rights included in the Declaration, or

not.


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From 1948, human rights included in theUDHR are more than moral rights, but there

are not yet legal rights.

Until 1948, most human rights were onlyideals hold by some people, that is to say,

human rights were only moral rights.

...but the history of human rights does not end here.



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The question is how to enforce the humanrights included in the UDHR?


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

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


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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:

it is essential, () that human rights should

be protected by the rule of law.


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To protect the rights in the Declaration by therule of law, the UDHR has to become:

a binding treatise

a covenant

a law


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The Declaration was bifurcated into two

distinct and different covenants, a Covenanton Civil and Political Rights and another

Covenant on Economic, Social and Cultural

Rights.

Why was bifurcated into two covenants?


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Western states (capitalists) insisted that

economic and social rights were essentiallyaspirations or plans, not rights, since their

realization depended on availability of

resources and on controversial economic

theory and ideology. There was agreementthat the means required to enforce socio-

economic undertakings were different from

the means required for civil-political rights.


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The International Covenant on Civil and

Political Rights

The ICCPR is a multilateral treaty adoptedby 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 tolife, freedom of religion, freedom of speech,

freedom of assembly, electoral rights and

rights to due process and a fair trial.


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The International Covenant on Economic,

Social and Cultural Rights

The ICESCR is a multilateral treaty adoptedby 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 toindividuals, including labour rights and

rights to health, education, and an adequate

standard of living.


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signed but not ratified

signed and ratified

neither signed not ratified

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)

The ICESCR had

160 parties and 6 6

countries had

signed, but not yet

ratified.


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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.


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There are some other covenants and treaties

to promote human rights. Altogether formthe international human rights law: a system

of laws, both domestic, regional and

international, designed to promote human

rights.


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And ifa 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...


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...some limited possibilities are open:

The International Criminal Court (ICC) hasjurisdiction overthe crime of genocide, war

crimes and crimes against humanity.

The European Court of Human Rights, has

jurisdiction over violation of human rights in

Europe.


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The International

Criminal Court in

The Hague

The European

Court of Human

Rights inStrasbourg

Radovan Karadzic

Who is?


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From 1948, human rights included in the UDHR

are more than moral rights, but there are not yet

legal rights.

Until 1948, most human rights were only ideals

hold by some people, that is to say, human

rights were only moral rights.

...but there is a lot to be done in the history of human rights.


From 1976, human rights included in the UDHR

are already legal rights.


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human rights by josep sanllehí

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