Tuesday, April 16, 2024 3:04 PM
What are human rights?
- Human rights may also be identified as:
- Fundamental rights: are the rights which are provided to everyone irrespective of race, gender ,
religion etc.
- Civil liberties: are the rights e.g. freedom of expression etc. and protection of such rights from
the government.
- HR is defined by the office of the high commissioner as:
‘Human rights are rights inherent to all human beings, whatever our nationality, place of
residence, sex, national or ethnic origin, color, religion, language, or any other status. We are all
equally entitled to our human rights without discrimination. These rights are all interrelated,
interdependent and indivisible.’
• Breaking down the definition:
- HR are applicable to all human beings
- A person's nationality, race, gender, religion, language or other status does not matter and
human rights apply to all human beings.
- HR are known to be interrelated (they are linked to each other), they are interdependent (they
are dependent on each other), they are indivisible (it is not possible to separate them) - this
shows that one set of right cannot be fully entertained without the other - For example the right
to life means the right to live but also contains living a life that is filled with facilities and
amenities such as a home - thus it is possible for the right to life to be linked to right to owning
property.
- Human rights can be allocated into two types of rights:
• First generation rights.
• Second generation rights.
• What are first generation rights: - are connected to the freedom of the individual.
- First generation rights contains the classical civil and political rights for instance:
- The right to liberty/freedom of the person.
- The right to engage in elections
- The right of freedom of expression
- The European convention on human rights (1950) (from which the HRA came from) is usually
concerned with civil and political rights.
• What are second generation rights: these are about the improving the social and economic
conditions of individuals.
- second generation rights contains:
- Right to employment
- Right to education
- Right to healthcare
- It is to be observed that there is greater emphasis on protecting first generation or civil/political
rights than on protecting second generation or social and economic rights.
- More expenditure and money is required on the part of governments for protecting social and
HRA Page 1
, - More expenditure and money is required on the part of governments for protecting social and
economic rights such as enacting jobs, improving healthcare, improving education etc.
• The Universal Declaration of Human Rights, 1948 (UDHR):
- A document that universally safeguards human rights.
- States are not legally bound by this - international law by its nature generally does not legally
binds the state - the international pressure or sanctions such as certain states not trading with
the violating state might be the only consequences.
- Two covenants (treaties/contract) were created by the united nation human rights commission
in line with the UDHR - these are called as:
- The International Covenant on Civil and Political Rights – ICCPR.
- The International Covenant on Economic, Social and Cultural Rights – ICESCR.
- Combined, these 3 documents, the UDHR, the ICCPR and the ICESCR are identified as the
International Bill of Human Rights.
- The ICCPR and the ICESCR are covenants/treaties, meaning these treaties have been signed by
the states - it is possible for them to be binding in that sense, but, as according to the nature of
international law, no state can be forced to follow a treaty/international law by another state -
international pressure or certain states cutting tues with the violating state may be the only
effect as the genocide convention us being violated hy the israel (the deliberate killing of
massive amount of people from a certain nation or ethnic group with the purpose of destroying
the nation or group) - almost no repercussions.
- ICCPR - is concerned to civil and political rights such as the right to vote, liberty of the person
etc.
- There is greater development of enforcement mechanisms/methods for the ICCPR - the fact
that enforcement of civil and political right is easier such as freedom to vote, simply let
everyone vote, free of expression, let everyone speak/write etc. - there may be no resources
needed on the part of governments.
- ICESCR - is about the social and economic rights for instance the right to education, healthcare
etc.
- it is possible for the enforcement to be weaker - more resources are required for the
enforcement of social and economic rights on the part of governments such as education rights,
one must improve education, perhaps provide free education for those which cannot afford it,
requires funding etc.
- There may be something known as third generation rights - these contains the right to self-
determination.
- Self-determination: the right of people to be able to decide their own destiny/ future in the
international order - states where the right to self-determination may be being exercised as
bangladesh when it became independent from pakistan, balochistan while stating that it hopes
to be a separate state, kashmir stating that it wishes to be independent etc.
- Generally attached to groups and not individuals
- Least protected
- Level of protection of rights:
- Civil and Political rights (right to vote).
- Social and Economic rights (right to education).
- Right to self-determination (a group/ state deciding their own destiny).
Human rights in the UK – Pre-HRA:
- Before the making of the HRA in 1998, human rights in the UK were recognized as civil liberties
HRA Page 2
What are human rights?
- Human rights may also be identified as:
- Fundamental rights: are the rights which are provided to everyone irrespective of race, gender ,
religion etc.
- Civil liberties: are the rights e.g. freedom of expression etc. and protection of such rights from
the government.
- HR is defined by the office of the high commissioner as:
‘Human rights are rights inherent to all human beings, whatever our nationality, place of
residence, sex, national or ethnic origin, color, religion, language, or any other status. We are all
equally entitled to our human rights without discrimination. These rights are all interrelated,
interdependent and indivisible.’
• Breaking down the definition:
- HR are applicable to all human beings
- A person's nationality, race, gender, religion, language or other status does not matter and
human rights apply to all human beings.
- HR are known to be interrelated (they are linked to each other), they are interdependent (they
are dependent on each other), they are indivisible (it is not possible to separate them) - this
shows that one set of right cannot be fully entertained without the other - For example the right
to life means the right to live but also contains living a life that is filled with facilities and
amenities such as a home - thus it is possible for the right to life to be linked to right to owning
property.
- Human rights can be allocated into two types of rights:
• First generation rights.
• Second generation rights.
• What are first generation rights: - are connected to the freedom of the individual.
- First generation rights contains the classical civil and political rights for instance:
- The right to liberty/freedom of the person.
- The right to engage in elections
- The right of freedom of expression
- The European convention on human rights (1950) (from which the HRA came from) is usually
concerned with civil and political rights.
• What are second generation rights: these are about the improving the social and economic
conditions of individuals.
- second generation rights contains:
- Right to employment
- Right to education
- Right to healthcare
- It is to be observed that there is greater emphasis on protecting first generation or civil/political
rights than on protecting second generation or social and economic rights.
- More expenditure and money is required on the part of governments for protecting social and
HRA Page 1
, - More expenditure and money is required on the part of governments for protecting social and
economic rights such as enacting jobs, improving healthcare, improving education etc.
• The Universal Declaration of Human Rights, 1948 (UDHR):
- A document that universally safeguards human rights.
- States are not legally bound by this - international law by its nature generally does not legally
binds the state - the international pressure or sanctions such as certain states not trading with
the violating state might be the only consequences.
- Two covenants (treaties/contract) were created by the united nation human rights commission
in line with the UDHR - these are called as:
- The International Covenant on Civil and Political Rights – ICCPR.
- The International Covenant on Economic, Social and Cultural Rights – ICESCR.
- Combined, these 3 documents, the UDHR, the ICCPR and the ICESCR are identified as the
International Bill of Human Rights.
- The ICCPR and the ICESCR are covenants/treaties, meaning these treaties have been signed by
the states - it is possible for them to be binding in that sense, but, as according to the nature of
international law, no state can be forced to follow a treaty/international law by another state -
international pressure or certain states cutting tues with the violating state may be the only
effect as the genocide convention us being violated hy the israel (the deliberate killing of
massive amount of people from a certain nation or ethnic group with the purpose of destroying
the nation or group) - almost no repercussions.
- ICCPR - is concerned to civil and political rights such as the right to vote, liberty of the person
etc.
- There is greater development of enforcement mechanisms/methods for the ICCPR - the fact
that enforcement of civil and political right is easier such as freedom to vote, simply let
everyone vote, free of expression, let everyone speak/write etc. - there may be no resources
needed on the part of governments.
- ICESCR - is about the social and economic rights for instance the right to education, healthcare
etc.
- it is possible for the enforcement to be weaker - more resources are required for the
enforcement of social and economic rights on the part of governments such as education rights,
one must improve education, perhaps provide free education for those which cannot afford it,
requires funding etc.
- There may be something known as third generation rights - these contains the right to self-
determination.
- Self-determination: the right of people to be able to decide their own destiny/ future in the
international order - states where the right to self-determination may be being exercised as
bangladesh when it became independent from pakistan, balochistan while stating that it hopes
to be a separate state, kashmir stating that it wishes to be independent etc.
- Generally attached to groups and not individuals
- Least protected
- Level of protection of rights:
- Civil and Political rights (right to vote).
- Social and Economic rights (right to education).
- Right to self-determination (a group/ state deciding their own destiny).
Human rights in the UK – Pre-HRA:
- Before the making of the HRA in 1998, human rights in the UK were recognized as civil liberties
HRA Page 2
