The Evolution of Human Rights
- Natural Rights: Rooted in Enlightenment philosophy, these are rights believed to be inherent to all humans, regardless of laws or governments.
- Universal Declaration of Human Rights (UDHR): Adopted by the UN in 1948, it established a global standard for human rights, including civil, political, economic, social, and cultural rights.
Note
- UDHR: Legal Status and Impact
- Not legally binding: As a declaration, the UDHR has no legal force but holds strong moral authority.
- Inspired key treaties: Forms the basis of major binding treaties like the ICCPR, ICESCR, CEDAW, and CRC.
- Influenced national law: Many constitutions and legal systems reflect UDHR principles.
- Global standard: Serves as a foundation for the modern human rights framework and promotes a universal vision of rights.
Positive and Negative Rights
- Positive rights: Require action by authorities (e.g. govts) to be fulfilled.
- Examples: Right to education, healthcare, legal defense.
- UDHR: Article 11 (presumption of innocence), Article 26 (right to education).
- Negative rights: Require others (especially the state) not to interfere.
- Examples: Right to privacy, free movement, property.
- UDHR: Article 3 (life and liberty), Article 5 (freedom from torture).
- Interdependence: In practice, both types often coexist.
- Example: Protecting prisoners from abuse (positive) supports their right to safety (negative).
Example
- Positive Right
- Right to education
- Requires the state to provide schools, trained teachers, and accessible learning materials.
- Found in UDHR Article 26.
- Negative Right
- Right to freedom of expression
- Requires the state not to censor or punish individuals for their opinions.
- Found in UDHR Article 19.
- Interdependence
- Right to a fair trial (UDHR Article 10–11)
- Negative aspect: State must not interfere with due legal process (e.g. no arbitrary detention).
- Positive aspect: State must actively provide legal representation, a public hearing, and impartial judges.
- Shows how both types of rights must work together to fully protect justice.
Three Generations of Human Rights
(Concept introduced by Karel Vasak in the 1970s, rooted in revolutions and Western traditions)
- First Generation: Liberty (Civil & Political Rights)
- Examples: Freedom from slavery, privacy, equality before the law, fair trial.
- Second Generation: Equality (Economic, Social & Cultural Rights)
- Examples: Right to work, healthcare, education, social security.
- Third Generation: Fraternity (Collective & Global Rights)
- Examples: Clean environment, economic development, benefit from global trade.
Example
- First Generation: Civil and Political Rights (Liberty)
- Focus: Freedom from state interference; individual rights
- Right to life, liberty, and security (UDHR Article 3)
- Freedom of speech (UDHR Article 19)
- Right to a fair trial (UDHR Article 10)
- Freedom of religion (UDHR Article 18)
- Voting rights (UDHR Article 21)
- Focus: Freedom from state interference; individual rights
- Second Generation: Economic, Social, and Cultural Rights (Equality)
- Focus: Positive rights that require state action to fulfil basic needs
- Right to education (UDHR Article 26)
- Right to work and fair wages (UDHR Article 23)
- Right to social security (UDHR Article 22)
- Right to adequate standard of living, including food and housing (UDHR Article 25)
- Right to join trade unions (UDHR Article 23)
- Focus: Positive rights that require state action to fulfil basic needs
- Third Generation: Collective or Solidarity Rights (Fraternity)
- Focus: Group and global rights that require international cooperation
- Right to self-determination (ICCPR Article 1)
- Right to development (UN Declaration on the Right to Development, 1986)
- Right to a healthy environment (UNGA 2022 Resolution)
- Right to peace
- Right to benefit from shared natural resources and global commons
- Focus: Group and global rights that require international cooperation
Note
- 1st gen ≈ negative rights
- 2nd gen ≈ positive rights
- 3rd gen = community-focused rights.
Collective Rights
- Rights held by groups/communities rather than individuals.
- Arise in response to marginalization, oppression, or cultural preservation.
Example
- Right to self-determination
- The right of a group of people (often with a shared culture, language, or identity) to freely determine their political status and govern themselves.
- The Palestinian people seeking an independent state to preserve their cultural and national identity.
- Recognized in UN Charter and ICCPR Article 1.
Cultural Relativism
- Argues that rights and morality are culturally specific.
- UDHR may reflect Western values, not universally accepted.
Case study
Cultural Relativism and the Death Penalty
- Not all cultures view the death penalty as a human rights violation.
- In countries like Saudi Arabia, Iran, and Egypt, capital punishment is often justified through religious and cultural traditions.
- Islamic law (Sharia) plays a key role; the Qur’an prescribes the death penalty for certain crimes (e.g. murder, apostasy, adultery) under strict conditions.
- Seen as a form of divine justice and social order rather than a human rights abuse.
- Cultural relativist view:
- These practices reflect deeply rooted legal and moral systems.
- Attempts by international bodies to abolish the death penalty may be seen as Western imposition or a failure to respect sovereignty and cultural identity.
- Contrasts with universalist view:
- UDHR Article 3 affirms the right to life, often interpreted by abolitionists as incompatible with state executions.
Challenges in Implementing Human Rights
- State Sovereignty:
- Issue: States may resist external interference in their domestic affairs, citing sovereignty.
- Example: China's rejection of international criticism over its treatment of Uyghur Muslims.
- Enforcement Mechanisms:
- Issue: International human rights treaties often lack effective enforcement mechanisms.
- Example: The International Criminal Court (ICC) faces challenges in prosecuting human rights violators due to limited jurisdiction and political resistance.
- Conflicting Rights:
- Issue: Balancing competing rights, such as freedom of speech and protection from hate speech, can be challenging.
- Example: A public figure makes controversial comments about a religious or ethnic group.
- Defenders cite freedom of speech.
- Critics argue it violates the group’s right to dignity and non-discrimination.
Example
- Responsibility to Protect (R2P): Balancing Sovereignty and Human Rights
- R2P is a global norm that seeks to reconcile state sovereignty with the protection of human rights.
- Asserts that sovereignty is not absolute, states have a duty to protect their populations from genocide, war crimes, ethnic cleansing, and crimes against humanity.
- If a state fails or refuses to protect its people, the international community has a responsibility to intervene, diplomatically, and as a last resort, militarily.
- Adopted at the 2005 UN World Summit, R2P redefines sovereignty as a responsibility, not just control.
Common Mistake
- Don't assume that all human rights are universally accepted or implemented.
- Always consider cultural, political, and economic contexts.
The Future of Human Rights
- Emerging Issues:
- Digital Rights: Privacy, data protection, and freedom of expression online.
- Environmental Rights: Recognizing the right to a healthy environment as a human right.
- Global Cooperation:
- Importance: Addressing transnational challenges like climate change and migration requires collective action and a human rights-based approach.
Example
- Right to privacy (UDHR Article 12) is at risk.
- Use of facial recognition and AI-powered surveillance in public spaces (e.g. China, UK) raises ethical and legal concerns.
- Freedom of expression (Article 19) may be suppressed if people fear surveillance or censorship.
- Mass data collection by tech companies (e.g. Meta, Google) often lacks transparency and accountability.
- Challenge:
- Balancing security needs (e.g. anti-terrorism) with digital rights protections.
- Calls for global regulation and digital human rights frameworks are growing.
Theory of Knowledge
- How do cultural perspectives influence our understanding of human rights?
- Can universal human rights coexist with cultural relativism?
