Human rights

Understanding Human Rights: A Universal Moral Framework

Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status.

The Evolution of Human Rights

Have we always had the concept of universal human rights? Not exactly. The modern concept of human rights gained significant prominence after World War II, particularly in response to the atrocities of the Holocaust, leading to the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948.

The UDHR outlined a comprehensive framework of rights that countries are encouraged to protect, setting a global standard for human dignity, freedom, and justice. However, the idea of human rights has existed in some form for centuries, influenced by various documents and philosophers throughout history.

Philosophical Foundations

Where did the concept of human rights come from? Ancient peoples did not have the same modern-day conception of universal human rights, but the concept has existed in some form for centuries. The medieval natural law tradition was heavily influenced by early Christian thinkers such as St Paul and later developed by philosophers like John Locke, Francis Hutcheson, and Jean-Jacques Burlamaqui.

The Kouroukan Fouga, a constitution from the Mali Empire in West Africa, is considered one of the first charters on human rights. Spanish scholasticism also contributed to the development of natural law thinking, which emphasized individual rights such as life, property, and freedom of thought.

Key Milestones

What are some key milestones in the history of human rights? The US Declaration of Independence (1776) and the French Declaration of the Rights of Man and of the Citizen (1789) were two major revolutions that shaped the modern concept of human rights. The Virginia Declaration of Rights encoded fundamental civil rights into law, setting a precedent for future developments.

Philosophers like Thomas Paine, John Stuart Mill, and Hegel expanded on universality. William Lloyd Garrison used the term ‘human rights’ in his 1831 newspaper article. Henry David Thoreau wrote about human rights in his 1849 treatise On the Duty of Civil Disobedience. The US Supreme Court’s David Davis argued that human rights are secured by the law.

Global Recognition and Protection

How have human rights been recognized and protected on a global scale? The League of Nations was established after WWI to promote disarmament, collective security, and global welfare. The International Labour Organization promoted workers’ rights. The Universal Declaration of Human Rights (UDHR) was adopted in 1948 as a non-binding declaration by the UN General Assembly.

This document emphasized rights in the context of limits, duties, and the social and political order. Its adoption was subject to challenges due to divisions over the inclusion of economic and social rights versus civil and political rights. The UDHR led to the creation of two separate covenants: the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Enforcement and Compliance

How are human rights enforced and monitored? The UN Human Rights Council investigates alleged violations and meets regularly to address urgent situations. Independent experts report on human rights abuses, while measures like girls’ education aim to reduce vulnerability and human rights violations.

The Human Rights Committee promotes participation with the standards of the ICCPR. The members of the committee express opinions on member countries and make judgments on individual complaints against countries which have ratified an Optional Protocol to the treaty.

Regional Human Rights Regimes

Are there regional human rights regimes? Yes, there are several regional human rights regimes established to protect and promote human rights within specific regions. Examples include the African Union’s African Commission on Human and Peoples’ Rights, the Organization of American States (OAS), and national human rights institutions in over 110 countries.

The OAS has made major efforts to reinvent itself, prioritizing: Strengthening democracy, Working for peace, Protecting human rights, Combating corruption, The rights of Indigenous Peoples, and Promoting sustainable development. The Inter-American Commission on Human Rights (IACHR) is an autonomous organ that examines allegations of human rights violations and stems its duties from the American Convention, Declaration, and Charter.

Types of Human Rights

What are the different types of human rights? Civil and political rights (articles 3-21, UDHR; articles 16-27, ICCPR) include freedom from torture, slavery, and discrimination. Economic, social and cultural rights (articles 22-28, UDHR; articles 1-17, ICESCR) include the right to work, education, health, housing, subsistence, and a clean environment.

The two types of rights are interconnected. Without economic and social rights, civil and political rights cannot be asserted. The concept of ‘full belly thesis’ suggests that without livelihoods, people cannot exercise their civil rights.

Generations of Human Rights

Are there different generations of human rights? Yes, the three generations of human rights are: first-generation civil and political rights, second-generation economic, social and cultural rights, and third-generation solidarity rights. The third generation is often debated and lacks recognition.

Inalienable Rights

What are inalienable rights? The international community has reaffirmed the principle of indivisibility and interdependence of human rights. Inalienable rights include fundamental human rights that cannot be surrendered or ignored, such as the right to life, liberty, and security.

Universalism vs. Cultural Relativism

Is there a debate between universalism and cultural relativism? Yes, the debate over whether all human rights are universal and apply equally to all, regardless of culture or geographical location, is ongoing. Universalism has been described as cultural, economic, or political imperialism, with human rights often claimed to be fundamentally rooted in a politically liberal outlook.

Cultural relativism is argued by some to be an argument used by those who wield power in cultures committing human rights abuses, whereas others believe it should apply to all societies. The concept of universal jurisdiction is closely linked to the idea that certain international norms are erga omnes, or owed to the entire world community.

Non-State Actors and Human Rights

Can non-state actors commit human rights abuses? Yes, non-state actors, including companies and NGOs, can also commit human rights abuses and are often not subject to human rights law other than International Humanitarian Law. Multinational companies have significant economic and political power but lack specific international treaties covering their behavior regarding human rights.

Conclusion

The journey of human rights is a complex one, filled with challenges and triumphs. From the ancient philosophers to modern-day activists, the fight for universal recognition and protection of these fundamental freedoms continues. As we navigate this ever-evolving landscape, it’s crucial that we remain vigilant in our pursuit of justice and equality for all.