Human rights are
A moral (from Latin ''morālis'') is a message that is conveyed or a lesson to be learned from a story or event. The moral may be left to the hearer, reader, or viewer to determine for themselves, or may be explicitly encapsulated in a maxim. ...
principles or norms
[James Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of Philosophy]
Retrieved 14 August 2014
for certain standards of
Humans (''Homo sapiens'') are the most abundant and widespread species of primate, characterized by bipedalism and exceptional cognitive skills due to a large and complex brain. This has enabled the development of advanced tools, cult ...
behaviour and are regularly protected in
A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate.
The term ''municipality'' may also mean the ...
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
. They are commonly understood as inalienable,
[The United Nations, Office of the High Commissioner of Human Rights]
What are human rights?
Retrieved 14 August 2014
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical ...
"to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",
[Burns H. Weston, 20 March 2014, Encyclopædia Britannica]
Retrieved 14 August 2014.
regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status.
[ They are applicable everywhere and at every time in the sense of being universal,] [ and they are ] egalitarian
Egalitarianism (), or equalitarianism, is a school of thought within political philosophy that builds from the concept of social equality, prioritizing it for all people. Egalitarian doctrines are generally characterized by the idea that all hu ... in the sense of being the same for everyone. [ They are regarded as requiring empathy and the ] rule of law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannic ... [Gary J. Bass (book reviewer), Samuel Moyn (author of book being reviewed), 20 October 2010, The New Republic] and imposing an obligation on persons to respect the human rights of others,
The Old New Thing
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[ and it is generally considered that they should not be taken away except as a result of ] due process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual p ... based on specific circumstances. [
The doctrine of human rights has been highly influential within ] international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ... and global and regional institutions. [ Actions by states and ] non-governmental organisations
A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in ... form a basis of public policy
Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. Public ... worldwide. The idea of human rights suggests that "if the public discourse of peacetime global society can be said to have a common moral language, it is that of human rights". The strong claims made by the doctrine of human rights continue to provoke considerable scepticism
Skepticism, also spelled scepticism, is a questioning attitude or doubt toward knowledge claims that are seen as mere belief or dogma. For example, if a person is skeptical about claims made by their government about an ongoing war then the pe ... and debates about the content, nature and justifications of human rights to this day. The precise meaning of the term '' right
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical ...'' is controversial and is the subject of continued philosophical debate; while there is consensus that human rights encompasses a wide variety of rights [ such as the ] right to a fair trial
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, th ..., protection against enslavement
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ..., prohibition of genocide
Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the ..., free speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been reco ... [Macmillan Dictionary] or a
human rights – definition
Retrieved 14 August 2014, "the rights that everyone should have in a society, including the right to express opinions about the government or to have protection from harm"
right to education
The right to education has been recognized as a human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free, compulsory primary education for ..., there is disagreement about which of these particular rights should be included within the general framework of human rights; [ some thinkers suggest that human rights should be a minimum requirement to avoid the worst-case abuses, while others see it as a higher standard.] [ It has also been argued that human rights are "] God
In monotheistic thought, God is usually viewed as the supreme being, creator, and principal object of faith. Swinburne, R.G. "God" in Honderich, Ted. (ed)''The Oxford Companion to Philosophy'', Oxford University Press, 1995. God is typicall ...-given", although this notion has been criticized.
Many of the basic ideas that animated the human rights movement Human rights movement refers to a nongovernmental social movement engaged in activism related to the issues of human rights. The foundations of the global human rights movement involve resistance to: colonialism, imperialism, slavery, racism, segre ... developed in the aftermath of the Second World War
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi ... and the events of the Holocaust
The Holocaust, also known as the Shoah, was the genocide of European Jews during World War II. Between 1941 and 1945, Nazi Germany and its collaborators systematically murdered some six million Jews across German-occupied Europe; ..., [ culminating in the adoption of the ] Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, i ... in Paris by the United Nations General Assembly
The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Cur ... in 1948. Ancient peoples did not have the same modern-day conception of universal human rights. The true forerunner of human rights discourse was the concept of natural rights
Some philosophers distinguish two types of rights, natural rights and legal rights.
* Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', '' fundamental'' a ... which appeared as part of the medieval natural law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ... tradition that became prominent during the European Enlightenment with such philosophers as John Locke
John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Enlightenment thinkers and commonly known as the "father of liberalism". Considered one of ..., Francis Hutcheson and Jean-Jacques Burlamaqui and which featured prominently in the political discourse of the American Revolution
The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revo ... and the French Revolution
The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in November 1799. Many of its ideas are consid .... [ From this foundation, the modern human rights arguments emerged over the latter half of the 20th century, possibly as a reaction to slavery, torture, genocide and war crimes,] [ as a realisation of inherent human vulnerability and as being a precondition for the possibility of a just society.] [ Human rights advocacy has continued into the early 21st century, centred around achieving greater economic and political freedom.]
The concept of human rights existed in the Ancient and pre-modern eras, although Ancient peoples did not think of universal human rights in the same way humans do today.
The true forerunner of human rights discourse was the concept of
Some philosophers distinguish two types of rights, natural rights and legal rights.
* Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', '' fundamental'' a ... which appeared as part of the medieval natural law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ... tradition. This tradition was heavily influenced by the writings of St Paul's early Christian thinkers such as St Hilary of Poitiers, St Ambrose
Ambrose of Milan ( la, Aurelius Ambrosius; ), venerated as Saint Ambrose, ; lmo, Sant Ambroeus . was a theologian and statesman who served as Bishop of Milan from 374 to 397. He expressed himself prominently as a public figure, fiercely promo ..., and St Augustine. Augustine was among the earliest to examine the legitimacy of the laws of man, and attempt to define the boundaries of what laws and rights occur naturally based on wisdom and conscience, instead of being arbitrarily imposed by mortals, and if people are obligated to obey laws that are unjust.
This medieval tradition became prominent during the European Enlightenment. From this foundation, the modern human rights arguments emerged over the latter half of the 20th century.
'' Magna Carta
( Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted b ...'' is an English charter originally issued in 1215 which influenced the development of the common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ... and many later constitutional documents related to human rights, such as the 1689 English Bill of Rights
The Bill of Rights 1689 is an Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in English constitutional law. It received Royal ..., the 1789 United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nati ..., and the 1791 United States Bill of Rights
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections rai ....
17th-century English philosopher
A philosopher is a person who practices or investigates philosophy. The term ''philosopher'' comes from the grc, φιλόσοφος, , translit=philosophos, meaning 'lover of wisdom'. The coining of the term has been attributed to the Greek t ... John Locke
John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Enlightenment thinkers and commonly known as the "father of liberalism". Considered one of ... discussed natural rights in his work, identifying them as being "life, liberty, and estate (property)", and argued that such fundamental rights
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Susta ... could not be surrendered in the social contract
In moral and political philosophy, the social contract is a theory or model that originated during the Age of Enlightenment and usually, although not always, concerns the legitimacy of the authority of the state over the individual.
Social .... In Britain in 1689, the English Bill of Rights
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ... and the Scottish Claim of Right each made a range of oppressive governmental actions, illegal. Two major revolutions occurred during the 18th century, in the United States (1776) and in France (1789), leading to the United States Declaration of Independence
The United States Declaration of Independence, formally The unanimous Declaration of the thirteen States of America, is the pronouncement and founding document adopted by the Second Continental Congress meeting at Pennsylvania State House ... and the French Declaration of the Rights of Man and of the Citizen
The Declaration of the Rights of Man and of the Citizen (french: Déclaration des droits de l'homme et du citoyen de 1789, links=no), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolu ... respectively, both of which articulated certain human rights. Additionally, the Virginia Declaration of Rights
The Virginia Declaration of Rights was drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government. It influenced a number of later documents, including the United States Declarati ... of 1776 encoded into law a number of fundamental civil rights
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life ... and civil freedoms.
1800 to World War I
Philosophers such as
Thomas Paine (born Thomas Pain; – In the contemporary record as noted by Conway, Paine's birth date is given as January 29, 1736–37. Common practice was to use a dash or a slash to separate the old-style year from the new-style year. In th ..., John Stuart Mill
John Stuart Mill (20 May 1806 – 7 May 1873) was an English philosopher, political economist, Member of Parliament (MP) and civil servant. One of the most influential thinkers in the history of classical liberalism, he contributed widely to ..., and Hegel
Georg Wilhelm Friedrich Hegel (; ; 27 August 1770 – 14 November 1831) was a German philosopher. He is one of the most important figures in German idealism and one of the founding figures of modern Western philosophy. His influence extends ... expanded on the theme of universality during the 18th and 19th centuries. In 1831, William Lloyd Garrison
William Lloyd Garrison (December , 1805 – May 24, 1879) was a prominent American Christian, abolitionist, journalist, suffragist, and social reformer. He is best known for his widely read antislavery newspaper '' The Liberator'', which he fou ... wrote in a newspaper called '' The Liberator'' that he was trying to enlist his readers in "the great cause of human rights", so the term ''human rights'' probably came into use sometime between Paine's ''The Rights of Man'' and Garrison's publication. In 1849 a contemporary, Henry David Thoreau
Henry David Thoreau (July 12, 1817May 6, 1862) was an American naturalist, essayist, poet, and philosopher. A leading transcendentalist, he is best known for his book '' Walden'', a reflection upon simple living in natural surroundings, and h ..., wrote about human rights in his treatise '' On the Duty of Civil Disobedience'' which was later influential on human rights and civil rights thinkers. United States Supreme Court Justice David Davis, in his 1867 opinion for Ex Parte Milligan, wrote "By the protection of the law, human rights are secured; withdraw that protection and they are at the mercy of wicked rulers or the clamor of an excited people."
Many groups and movements have managed to achieve profound social changes over the course of the 20th century in the name of human rights. In Western Europe and North America, labour union
A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ...s brought about laws granting workers the right to strike, establishing minimum work conditions and forbidding or regulating child labour
Child labour refers to the exploitation of children through any form of work that deprives children of their childhood, interferes with their ability to attend regular school, and is mentally, physically, socially and morally harmful. Such .... The women's rights
Women's rights are the rights and entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st centuries. In some countri ... movement succeeded in gaining for many women the right to vote
Voting is a method by which a group, such as a meeting or an electorate, can engage for the purpose of making a collective decision or expressing an opinion usually following discussions, debates or election campaigns. Democracies elect ho .... National liberation movements in many countries succeeded in driving out colonial powers. One of the most influential was Mahatma Gandhi
Mohandas Karamchand Gandhi (; ; 2 October 1869 – 30 January 1948), popularly known as Mahatma Gandhi, was an Indian lawyer, anti-colonial nationalist Quote: "... marks Gandhi as a hybrid cosmopolitan figure who transformed ... anti- ...'s leadership of the Indian independence movement
The Indian independence movement was a series of historic events with the ultimate aim of ending British rule in India. It lasted from 1857 to 1947.
The first nationalistic revolutionary movement for Indian independence emerged from Benga .... Movements by long-oppressed racial and religious minorities succeeded in many parts of the world, among them the civil rights movement
The civil rights movement was a nonviolent social and political movement and campaign from 1954 to 1968 in the United States to abolish legalized institutional racial segregation, discrimination, and disenfranchisement throughout the Unite ..., and more recent diverse identity politics
Identity politics is a political approach wherein people of a particular race, nationality, religion, gender, sexual orientation, social background, social class, or other identifying factors develop political agendas that are based upon these i ... movements, on behalf of women and minorities in the United States.
The foundation of the International Committee of the Red Cross
The International Committee of the Red Cross (ICRC; french: Comité international de la Croix-Rouge) is a humanitarian organization which is based in Geneva, Switzerland, and it is also a three-time Nobel Prize Laureate. State parties (signato ..., the 1864 Lieber Code and the first of the Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conv ... in 1864 laid the foundations of International humanitarian law
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war ('' jus in bello''). It is a branch of international law that seeks to limit the effects of armed conflict by pr ..., to be further developed following the two World Wars.
Between World War I and World War II
League of Nations
The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference th ... was established in 1919 at the negotiations over the Treaty of Versailles
The Treaty of Versailles (french: Traité de Versailles; german: Versailler Vertrag, ) was the most important of the peace treaties of World War I. It ended the state of war between Germany and the Allied Powers. It was signed on 28 June ... following the end of World War I
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin .... The League's goals included disarmament, preventing war through collective security, settling disputes between countries through negotiation, diplomacy and improving global welfare. Enshrined in its Charter was a mandate to promote many of the rights which were later included in the Universal Declaration of Human Rights.
The League of Nations had mandates to support many of the former colonies of the Western European colonial powers during their transition from colony to independent state.
Established as an agency of the League of Nations, and now part of United Nations, the International Labour Organization
The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and ... also had a mandate to promote and safeguard certain of the rights later included in the Universal Declaration of Human Rights (UDHR):
After World War II
Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, i ... (UDHR) is a non-binding declaration adopted by the United Nations General Assembly in 1948, partly in response to the events of World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi .... The UDHR urges member states to promote a number of human, civil, economic and social rights, asserting these rights are part of the "foundation of freedom, justice and peace in the world". The declaration was the first international legal effort to limit the behavior of states and make sure they did their duties to their citizens following the model of the rights-duty duality.
The UDHR was framed by members of the Human Rights Commission, with Eleanor Roosevelt
Anna Eleanor Roosevelt () (October 11, 1884November 7, 1962) was an American political figure, diplomat, and activist. She was the first lady of the United States from 1933 to 1945, during her husband President Franklin D. Roosevelt's four ... as chair, who began to discuss an ''International Bill of Rights'' in 1947. The members of the Commission did not immediately agree on the form of such a bill of rights, and whether, or how, it should be enforced. The Commission proceeded to frame the UDHR and accompanying treaties, but the UDHR quickly became the priority. Canadian law professor John Humprey and French lawyer René Cassin were responsible for much of the cross-national research and the structure of the document respectively, where the articles of the declaration were interpretative of the general principle of the preamble. The document was structured by Cassin to include the basic principles of dignity, liberty, equality and brotherhood in the first two articles, followed successively by rights pertaining to individuals; rights of individuals in relation to each other and to groups; spiritual, public and political rights; and economic, social and cultural rights. The final three articles place, according to Cassin, rights in the context of limits, duties and the social and political order in which they are to be realized. [ Humphrey and Cassin intended the rights in the UDHR to be legally enforceable through some means, as is reflected in the third clause of the preamble:] [
Some of the UDHR was researched and written by a committee of international experts on human rights, including representatives from all continents and all major religions, and drawing on consultation with leaders such as ] Mahatma Gandhi
Mohandas Karamchand Gandhi (; ; 2 October 1869 – 30 January 1948), popularly known as Mahatma Gandhi, was an Indian lawyer, anti-colonial nationalist Quote: "... marks Gandhi as a hybrid cosmopolitan figure who transformed ... anti- .... The inclusion of both civil and political rights and economic, social and cultural rights [ was predicated on the assumption that basic human rights are indivisible and that the different types of rights listed are inextricably linked. Though this principle was not opposed by any member states at the time of adoption (the declaration was adopted unanimously, with the abstention of the ] Soviet bloc
The Eastern Bloc, also known as the Communist Bloc and the Soviet Bloc, was the group of socialist states of Central and Eastern Europe, East Asia, Southeast Asia, Africa, and Latin America under the influence of the Soviet Union that existed d ..., Apartheid
Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was ... South Africa and Saudi Arabia
Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the Arab ...), this principle was later subject to significant challenges.
On the issue of "universal", the declarations did not apply to domestic discrimination or racism. Henry J. Richardson III has argued:
:All major governments at the time of drafting the U.N. charter and the Universal declaration did their best to ensure, by all means known to domestic and international law, that these principles had only international application and carried no legal obligation on those governments to be implemented domestically. All tacitly realized that for their own discriminated-against minorities to acquire leverage on the basis of legally being able to claim enforcement of these wide-reaching rights would create pressures that would be political dynamite.
The onset of the Cold War
The Cold War is a term commonly used to refer to a period of geopolitical tension between the United States and the Soviet Union and their respective allies, the Western Bloc and the Eastern Bloc. The term ''cold war'' is used because the ... soon after the UDHR was conceived brought to the fore divisions over the inclusion of both economic and social rights and civil and political rights in the declaration. Capitalist states tended to place strong emphasis on civil and political rights (such as freedom of association and expression), and were reluctant to include economic and social rights (such as the right to work and the right to join a union). Socialist states placed much greater importance on economic and social rights and argued strongly for their inclusion.
Because of the divisions over which rights to include, and because some states declined to ratify any treaties including certain specific interpretations of human rights, and despite the Soviet bloc and a number of developing countries arguing strongly for the inclusion of all rights in a so-called ''Unity Resolution'', the rights enshrined in the UDHR were split into two separate covenants, allowing states to adopt some rights and derogate others. Though this allowed the covenants to be created, it denied the proposed principle that all rights are linked which was central to some interpretations of the UDHR.
Although the UDHR is a non-binding resolution, it is now considered to be a central component of international customary law
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law".
Customary law (also, consuetudina ... which may be invoked under appropriate circumstances by state judiciaries and other judiciaries.
Human Rights Treaties
In 1966, the
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freed ... (ICCPR) and the International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came in force from 3 January 197 ... (ICESCR) were adopted by the United Nations, between them making the rights contained in the UDHR binding on all states. However, they came into force only in 1976, when they were ratified by a sufficient number of countries (despite achieving the ICCPR, a covenant including no economic or social rights, the US only ratified the ICCPR in 1992). The ICESCR commits 155 state parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals.
Numerous other treaties ( pieces of legislation) have been offered at the international level. They are generally known as ''human rights instruments''. Some of the most significant are:
* Convention on the Prevention and Punishment of the Crime of Genocide (adopted 1948, entry into force: 1951
* (CERD) (adopted 1966, entry into force: 1969
* Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (entry into force: 1981
United Nations Convention Against Torture
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention Against Torture (UNCAT)) is an international human rights treaty under the review of the United Nation ... (CAT) (adopted 1984, entry into force: 1984)
* Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Con ... (CRC) (adopted 1989, entry into force: 1989
*United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) (adopted 1990)
*Rome Statute of the International Criminal Court (ICC) (entry into force: 2002)
Responsibility to protect refers to a doctrine for
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ... member states to intervene to protect populations from atrocities. It has been cited as justification in the use of recent military interventions. An example of an intervention that is often criticized is the 2011 military intervention in the First Libyan Civil War
The First Libyan Civil War was an armed conflict in 2011 in the North African country of Libya which was fought between forces which were loyal to Colonel Muammar Gaddafi and rebel groups that were seeking to oust his government. It erupted wi ... by Nato
The North Atlantic Treaty Organization (NATO, ; french: Organisation du traité de l'Atlantique nord, ), also called the North Atlantic Alliance, is an intergovernmental military alliance between 30 member states – 28 European and two N ... and Qatar
Qatar (, ; ar, قطر, Qaṭar ; local vernacular pronunciation: ), officially the State of Qatar,) is a country in Western Asia. It occupies the Qatar Peninsula on the northeastern coast of the Arabian Peninsula in the Middle East; it s ... where the goal of preventing atrocities is alleged to have taken upon itself the broader mandate of removing the target government.
Economic sanctions are commercial and financial penalties applied by one or more countries against a targeted self-governing state, group, or individual. Economic sanctions are not necessarily imposed because of economic circumstances—they m ... are often levied upon individuals or states who commit human rights violations. Sanctions are often criticized for its feature of collective punishment in hurting a country’s population economically in order dampen that population’s view of its government. It is also argued that, counterproductively, sanctions on offending authoritarian governments strengthen that government’s position domestically as governments would still have more mechanisms to find funding than their critics and opposition, who become further weakened.
The risk of human rights violations increases with the increase in financially vulnerable populations. Girls from poor families in non-industrialized economies are often viewed as a financial burden on the family and marriage of young girls is often driven in the hope that daughters will be fed and protected by wealthier families. Female genital mutilation
Female genital mutilation (FGM), also known as female genital cutting, female genital mutilation/cutting (FGM/C) and female circumcision, is the ritual cutting or removal of some or all of the external female genitalia. The practice is found ... and force-feeding
Force-feeding is the practice of feeding a human or animal against their will. The term ''gavage'' (, , ) refers to supplying a substance by means of a small plastic feeding tube passed through the nose ( nasogastric) or mouth (orogastric) into ... of daughters is argued to be similarly driven in large part to increase their marriage prospects and thus their financial security by achieving certain idealized standards of beauty. In certain areas, girls requiring the experience of sexual initiation rites with men and passing sex training tests on girls are designed to make them more appealing as marriage prospects. Measures to help the economic status of vulnerable groups in order to reduce human rights violations include girls' education and guaranteed minimum incomes and conditional cash transfers, such as Bolsa familia which subsidize parents who keep children in school rather than contributing to family income, has successfully reduced child labor
Child labour refers to the exploitation of children through any form of work that deprives children of their childhood, interferes with their ability to attend regular school, and is mentally, physically, socially and morally harmful. Such ....
Human rights abuses are monitored by United Nations committees, national institutions and governments and by many independent
A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active i ..., such as Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ..., Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ..., World Organisation Against Torture, Freedom House
Freedom House is a non-profit, majority U.S. government funded organization in Washington, D.C., that conducts research and advocacy on democracy, political freedom, and human rights. Freedom House was founded in October 1941, and Wendell W ..., International Freedom of Expression Exchange and Anti-Slavery International
Anti-Slavery International, founded as the British and Foreign Anti-Slavery Society in 1839, is an international non-governmental organisation, registered charity and advocacy group, based in the United Kingdom. It is the world's oldest inte .... These organisations collect evidence and documentation of human rights abuses and apply pressure to promote human rights.
Educating people on the concept of human rights has been argued as a strategy to prevent human rights abuses.
Many examples of legal instruments at the international, regional and national level described below are designed to enforce laws securing human rights.
Protection at the international level
The United Nations
The United Nations (UN) is the only multilateral governmental agency with universally accepted international
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
J ... for universal human rights legislation. All UN organs have advisory roles to the United Nations Security Council
The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, a ... and the United Nations Human Rights Council
The United Nations Human Rights Council (UNHRC), CDH is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a regional group basis. ..., and there are numerous committees within the UN with responsibilities for safeguarding different human rights treaties. The most senior body of the UN with regard to human rights is the Office of the High Commissioner for Human Rights. The United Nations has an international mandate to:
Human Rights Council
The UN Human Rights Council, created in 2005, has a mandate to investigate alleged human rights violations. 47 of the 193 UN member states sit on the council, elected by simple majority in a secret ballot of the
United Nations General Assembly
The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Cur .... Members serve a maximum of six years and may have their membership suspended for gross human rights abuses. The council is based in Geneva
Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevra ; rm, Genevra is the second-most populous city in Switzerland (after Zürich) and the most populous city of Romandy, the French-speaking part of Switzerland. Situa ..., and meets three times a year; with additional meetings to respond to urgent situations.
Independent experts (''rapporteurs'') are retained by the council to investigate alleged human rights abuses and to report to the council.
The Human Rights Council may request that the Security Council refer cases to the International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals ... (ICC) even if the issue being referred is outside the normal jurisdiction of the ICC.
UN treaty bodies
In addition to the political bodies whose mandate flows from the UN charter, the UN has set up a number of ''treaty-based'' bodies, comprising committees of independent experts who monitor compliance with human rights standards and norms flowing from the core international human rights treaties. They are supported by and are created by the treaty that they monitor, With the exception of the CESCR, which was established under a resolution of the Economic and Social Council to carry out the monitoring functions originally assigned to that body under the Covenant, they are technically autonomous bodies, established by the treaties that they monitor and accountable to the state parties of those treaties – rather than subsidiary to the United Nations, though in practice they are closely intertwined with the United Nations system and are supported by the
UN High Commissioner for Human Rights
The Office of the United Nations High Commissioner for Human Rights, commonly known as the Office of the High Commissioner for Human Rights (OHCHR) or the United Nations Human Rights Office, is a department of the Secretariat of the United Nat ... (UNHCHR) and the UN Centre for Human Rights.
* The '' Human Rights Committee
The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per ...'' 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. The judgments, termed "views", are not legally binding. The member of the committee meets around three times a year to hold sessions
* The '' Committee on Economic, Social and Cultural Rights The Committee on Economic, Social and Cultural Rights (CESCR) is a United Nations is a 18-member Committee, entrusted with overseeing implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR).
It meets (usually t ...'' monitors the ICESCR
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came in force from 3 January 197 ... and makes general comments on ratifying countries performance. It will have the power to receive complaints against the countries that opted into the Optional Protocol once it has come into force. It is important to note that unlike the other treaty bodies, the economic committee is not an autonomous body responsible to the treaty parties, but directly responsible to the Economic and Social Council and ultimately to the General Assembly. This means that the Economic Committee faces particular difficulties at its disposal only relatively "weak" means of implementation in comparison to other treaty bodies. Particular difficulties noted by commentators include: perceived vagueness of the principles of the treaty, relative lack of legal texts and decisions, ambivalence of many states in addressing economic, social and cultural rights, comparatively few non-governmental organisations focused on the area and problems with obtaining relevant and precise information.
* The ''Committee on the Elimination of Racial Discrimination'' monitors the CERD
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third -generation human rights instrument, the Convention commits its members to the elimination of racial discri ... and conducts regular reviews of countries' performance. It can make judgments on complaints against member states allowing it, but these are not legally binding. It issues warnings to attempt to prevent serious contraventions of the convention.
* The ''Committee on the Elimination of Discrimination against Women'' monitors the CEDAW. It receives states' reports on their performance and comments on them, and can make judgments on complaints against countries which have opted into the 1999 Optional Protocol.
* The ''Committee Against Torture'' monitors the CAT
The cat (''Felis catus'') is a domestic species of small carnivorous mammal. It is the only domesticated species in the family Felidae and is commonly referred to as the domestic cat or house cat to distinguish it from the wild members of t ... and receives states' reports on their performance every four years and comments on them. Its subcommittee may visit and inspect countries which have opted into the Optional Protocol.
* The '' Committee on the Rights of the Child
The Committee on the Rights of the Child (CRC) is a body of experts that monitor and report on the implementation of the United Nations Convention on the Rights of the Child.
The Committee also monitors the Convention's three optional protoc ...'' monitors the CRC and makes comments on reports submitted by states every five years. It does not have the power to receive complaints.
* The ''Committee on Migrant Workers'' was established in 2004 and monitors the ICRMW and makes comments on reports submitted by states every five years. It will have the power to receive complaints of specific violations only once ten member states allow it.
* The '' Committee on the Rights of Persons with Disabilities'' was established in 2008 to monitor the Convention on the Rights of Persons with Disabilities
The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote .... It has the power to receive complaints against the countries which have opted into the Optional Protocol to the Convention on the Rights of Persons with Disabilities.
* The ''Committee on Enforced Disappearances'' monitors the ICPPED. All States parties are obliged to submit reports to the committee on how the rights are being implemented. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of "concluding observations".
Each treaty body receives secretariat support from the Human Rights Council and Treaties Division of Office of the High Commissioner on Human Rights (OHCHR) in Geneva except CEDAW, which is supported by the Division for the Advancement of Women (DAW). CEDAW formerly held all its sessions at United Nations headquarters in New York but now frequently meets at the United Nations Office in Geneva; the other treaty bodies meet in Geneva. The Human Rights Committee usually holds its March session in New York City.
The human rights enshrined in the UDHR, the Geneva Conventions and the various enforced treaties of the United Nations are enforceable in law. In practice, many rights are very difficult to legally enforce due to the absence of consensus on the application of certain rights, the lack of relevant national legislation or of bodies empowered to take legal action to enforce them.
There exist a number of internationally recognized organisations with worldwide mandate or
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
J ... over certain aspects of human rights:
*The International Court of Justice (ICJ) is the United Nations' primary judiciary body. It has worldwide jurisdiction. It is directed by the Security Council
The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, .... The ICJ settles disputes between nations. The ICJ does not have jurisdiction over individuals.
*The International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals ... (ICC) is the body responsible for investigating and punishing war crimes, and crimes against humanity
Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ... when such occur within its jurisdiction, with a mandate to bring to justice perpetrators of such crimes that occurred after its creation in 2002. A number of UN members have not joined the court and the ICC does not have jurisdiction over their citizens, and others have signed but not yet ratified the Rome Statute
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of th ..., which established the court. [United Nations. ''Multilateral treaties deposited with the Secretary-General]
The ICC and other international courts (see Regional human rights below) exist to take action where the national legal system of a state is unable to try the case itself. If national law is able to safeguard human rights and punish those who breach human rights legislation, it has primary jurisdiction by complementarity. Only when all ''local remedies'' have been exhausted does international law take effect.
Rome Statute of the International Criminal Court
'. Retrieved 8 June 2007.
Regional human rights regimes
In over 110 countries
national human rights institutions
A national human rights institution (NHRI) is an independent state-based institution with the responsibility to broadly protect and promote human rights in a given country. The growth of such bodies has been encouraged by the Office of the United ... (NHRIs) have been set up to protect, promote or monitor human rights with jurisdiction in a given country. Although not all NHRIs are compliant with the Paris Principles, the number and effect of these institutions is increasing. The Paris Principles were defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights in Paris on 7–9 October 1991, and adopted by United Nations Human Rights Commission Resolution 1992/54 of 1992 and the General Assembly Resolution 48/134 of 1993. The Paris Principles list a number of responsibilities for national institutions.
The African Union (AU) is a continental union consisting of fifty-five African states. Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and a sustainable economy, especially by bringing an end to intra-African conflict and creating an effective common market.
The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial organ of the African Union tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights and considering individual complaints of violations of the Charter. The commission has three broad areas of responsibility:
* Promoting human and peoples' rights
* Protecting human and peoples' rights
* Interpreting the African Charter on Human and Peoples' Rights
In pursuit of these goals, the commission is mandated to "collect documents, undertake studies and researches on African problems in the field of human and peoples, rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and, should the case arise, give its views or make recommendations to governments" (Charter, Art. 45). [
With the creation of the African Court on Human and Peoples' Rights (under a protocol to the Charter which was adopted in 1998 and entered into force in January 2004), the commission will have the additional task of preparing cases for submission to the Court's jurisdiction.] In a July 2004 decision, the AU Assembly resolved that the future Court on Human and Peoples' Rights would be integrated with the African Court of Justice.
The African Court of Justice, Court of Justice of the African Union is intended to be the "principal judicial organ of the Union" (Protocol of the Court of Justice of the African Union, Article 2.2). Although it has not yet been established, it is intended to take over the duties of the African Commission on Human and Peoples' Rights, as well as act as the supreme court of the African Union, interpreting all necessary laws and treaties. The Protocol establishing the African Court on Human and Peoples' Rights entered into force in January 2004 but its merging with the Court of Justice has delayed its establishment. The Protocol establishing the Court of Justice will come into force when ratified by 15 countries.
There are many countries in Africa accused of human rights violations by the international community and NGOs.
The Organization of American States (OAS) is an international organization, headquartered in Washington, D.C., United States. Its members are the thirty-five independent states of the Americas. Over the course of the 1990s, with the end of the
The Cold War is a term commonly used to refer to a period of geopolitical tension between the United States and the Soviet Union and their respective allies, the Western Bloc and the Eastern Bloc. The term ''cold war'' is used because the ..., the return to democracy in Latin America, and the thrust toward globalization, the OAS made major efforts to reinvent itself to fit the new context. Its stated priorities now include the following:
* Strengthening democracy
* Working for peace
* Protecting human rights
* Combating corruption
* The rights of Indigenous Peoples
* Promoting sustainable development
The Inter-American Commission on Human Rights (the IACHR) is an autonomous organ of the Organization of American States, also based in Washington, D.C. Along with the Inter-American Court of Human Rights, based in San José, Costa Rica, San José, Costa Rica, it is one of the bodies that comprise the inter-American system for the promotion and protection of human rights. The IACHR is a permanent body which meets in regular and special sessions several times a year to examine allegations of human rights violations in the hemisphere. Its human rights duties stem from three documents:
* the American Convention on Human Rights
* the American Declaration of the Rights and Duties of Man
* the Charter of the Organization of American States
The Inter-American Court of Human Rights was established in 1979 with the purpose of enforcing and interpreting the provisions of the American Convention on Human Rights. Its two main functions are thus adjudicatory and advisory. Under the former, it hears and rules on the specific cases of human rights violations referred to it. Under the latter, it issues opinions on matters of legal interpretation brought to its attention by other OAS bodies or member states.
There are no Asia-wide organisations or conventions to promote or protect human rights. Countries vary widely in their approach to human rights and their record of human rights protection.
The Association of Southeast Asian Nations (ASEAN)
is a geo-political and economic organization of 10 countries located in Southeast Asia, which was formed in 1967 by Indonesia, Malaysia, the Philippines, Singapore and Thailand. The organisation now also includes Brunei Darussalam, Vietnam, Laos, Myanmar and Cambodia. [ In October 2009, the ASEAN Intergovernmental Commission on Human Rights was inaugurated, and subsequently, the ASEAN Human Rights Declaration was adopted unanimously by ASEAN members on 18 November 2012.
The Arab Charter on Human Rights (ACHR) was adopted by the Council of the League of Arab States on 22 May 2004.
The Council of Europe, founded in 1949, is the oldest organisation working for European integration. It is an international organisation with legal personality recognised under public international law and has observer status with the United Nations. The seat of the Council of Europe is in Strasbourg in France. The Council of Europe is responsible for both the European Convention on Human Rights and the European Court of Human Rights.
These institutions bind the council's members to a code of human rights which, though strict, are more lenient than those of the United Nations charter on human rights. The council also promotes the European Charter for Regional or Minority Languages and the European Social Charter. Membership is open to all European states which seek European integration, accept the principle of the rule of law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannic ... and are able and willing to guarantee democracy, fundamental human rights and freedoms.
The Council of Europe is an organisation that is not part of the European Union, but the latter is expected to accede to the European Convention and potentially the Council itself. The EU has its own human rights document; the Charter of Fundamental Rights of the European Union.
The European Convention on Human Rights defines and guarantees since 1950 human rights and fundamental freedoms in Europe. All 47 member states of the Council of Europe have signed this convention and are therefore under the jurisdiction of the European Court of Human Rights in Strasbourg. [ In order to prevent torture and inhuman or degrading treatment (Article 3 of the convention), the European Committee for the Prevention of Torture was established.
Philosophies of human rights
Several theoretical approaches have been advanced to explain how and why human rights become part of social expectations.
One of the oldest Western philosophies on human rights is that they are a product of a
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ..., stemming from different philosophical or religious grounds.
Other theories hold that human rights codify moral behavior which is a human social product developed by a process of biological and social evolution (associated with David Hume, Hume). Human rights are also described as a sociological pattern of rule setting (as in the sociological theory of law and the work of Max Weber, Weber). These approaches include the notion that individuals in a society accept rules from legitimate authority in exchange for security and economic advantage (as in John Rawls, Rawls) – a social contract.
Natural law theories base human rights on a "natural" moral, religious or even biological order which is independent of transitory human laws or traditions.
Socrates and his philosophic heirs, Plato and Aristotle, posited the existence of natural justice or natural right (, ''δικαιον φυσικον'', Latin ). Of these, Aristotle is often said to be the father of natural law, although evidence for this is due largely to the interpretations of his work by Thomas Aquinas.
The development of this tradition of natural justice into one of natural law is usually attributed to the Stoicism, Stoics.
Some of the early Church fathers sought to incorporate the until then pagan concept of natural law into Christianity. Natural law theories have featured greatly in the philosophies of Thomas Aquinas, Francisco Suárez, Richard Hooker, Thomas Hobbes, Hugo Grotius, Samuel von Pufendorf, and
John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Enlightenment thinkers and commonly known as the "father of liberalism". Considered one of ....
In the Seventeenth Century Thomas Hobbes founded a social contract, contractualist theory of legal positivism on what all men could agree upon: what they sought (happiness) was subject to contention, but a broad consensus could form around what they feared (violent death at the hands of another). The natural law was how a rational human being, seeking to survive and prosper, would act. It was discovered by considering humankind's natural rights, whereas previously it could be said that natural rights were discovered by considering the natural law. In Hobbes' opinion, the only way natural law could prevail was for men to submit to the commands of the sovereign. In this lay the foundations of the theory of a social contract between the governed and the governor.
Hugo Grotius based his philosophy of international law on natural law. He wrote that "even the will of an omnipotent being cannot change or abrogate" natural law, which "would maintain its objective validity even if we should assume the impossible, that there is no God or that he does not care for human affairs." (''De iure belli ac pacis'', Prolegomeni XI). This is the famous argument ''etiamsi daremus'' (''non-esse Deum''), that made natural law no longer dependent on theology.
John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Enlightenment thinkers and commonly known as the "father of liberalism". Considered one of ... incorporated natural law into many of his theories and philosophy, especially in ''Two Treatises of Government''. Locke turned Hobbes' prescription around, saying that if the ruler went against natural law and failed to protect "life, liberty, and property," people could justifiably overthrow the existing state and create a new one.
The Belgian philosopher of law Frank van Dun is one among those who are elaborating a secular conception of natural law in the liberal tradition. There are also emerging and secular forms of natural law theory that define human rights as derivative of the notion of universal human dignity.
The term "human rights" has replaced the term "natural rights" in popularity, because the rights are less and less frequently seen as requiring natural law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ... for their existence.
Other theories of human rights
The philosopher John Finnis argues that human rights are justifiable on the grounds of their instrumental value in creating the necessary conditions for human well-being. Interest theories highlight the duty to respect the rights of other individuals on grounds of self-interest:
The Biology, biological theory considers the comparative reproductive advantage of human social behavior based on empathy and altruism in the context of natural selection.
Concepts in human rights
Indivisibility and categorization of rights
The most common categorization of human rights is to split them into civil and political rights, and economic, social and cultural rights.
Civil and political rights are enshrined in articles 3 to 21 of the Universal Declaration of Human Rights and in the ICCPR. Economic, social and cultural rights are enshrined in articles 22 to 28 of the Universal Declaration of Human Rights and in the ICESCR. The UDHR included both economic, social and cultural rights and civil and political rights because it was based on the principle that the different rights could only successfully exist in combination:
This is held to be true because without civil and political rights the public cannot assert their economic, social and cultural rights. Similarly, without livelihoods and a working society, the public cannot assert or make use of civil or political rights (known as the ''full belly thesis'').
Although accepted by the signatories to the UDHR, most of them do not in practice give equal weight to the different types of rights. Western cultures have often given priority to civil and political rights, sometimes at the expense of economic and social rights such as the right to work, to education, health and housing. For example, in the United States there is no Universal health care, universal access to healthcare free at the point of use. That is not to say that Western cultures have overlooked these rights entirely (the welfare states that exist in Western Europe are evidence of this). Similarly the ex Soviet bloc countries and Asian countries have tended to give priority to economic, social and cultural rights, but have often failed to provide civil and political rights.
Another categorization, offered by Karel Vasak, is that there are ''three generations of human rights'': first-generation civil and political rights (right to life and political participation), second-generation economic, social and cultural rights (right to subsistence) and third-generation solidarity rights (right to peace, right to clean environment). Out of these generations, the third generation is the most debated and lacks both legal and political recognition. This categorisation is at odds with the indivisibility of rights, as it implicitly states that some rights can exist without others. Prioritisation of rights for pragmatic reasons is however a widely accepted necessity. Human rights expert Philip Alston argues:
He, and others, urge caution with prioritisation of rights:
Some human rights are said to be "inalienable rights". The term inalienable rights (or unalienable rights) refers to "a set of human rights that are fundamental, are not awarded by human power, and cannot be surrendered".
The adherence to the principle of indivisibility by the international community was reaffirmed in 1995:
This statement was again endorsed at the 2005 World Summit in New York (paragraph 121).
Universalism vs cultural relativism
The Universal Declaration of Human Rights enshrines, by definition, rights that apply to all humans equally, whichever geographical location, state, race or culture they belong to.
Proponents of cultural relativism suggest that human rights are not all universal, and indeed conflict with some cultures and threaten their survival.
Rights which are most often contested with relativistic arguments are the rights of women. For example, female genital mutilation occurs in different cultures in Africa, Asia and South America. It is not mandated by any religion, but has become a tradition in many cultures. It is considered a violation of women's and girl's rights by much of the international community, and is outlawed in some countries.
Universalism has been described by some as cultural, economic or political imperialism. In particular, the concept of human rights is often claimed to be fundamentally rooted in a politically liberal outlook which, although generally accepted in Europe, Japan or North America, is not necessarily taken as standard elsewhere.
For example, in 1981, the Iranian representative to the United Nations, Said Rajaie-Khorassani, articulated the position of his country regarding the UDHR by saying that the UDHR was "a Secularism, secular understanding of the Judeo-Christian tradition", which could not be implemented by Muslims without trespassing the Islamic law. The former Prime Ministers of Singapore, Lee Kuan Yew, and of Malaysia, Mahathir bin Mohamad both claimed in the 1990s that ''Asian values'' were significantly different from western values and included a sense of loyalty and foregoing personal freedoms for the sake of social stability and prosperity, and therefore authoritarian government is more appropriate in Asia than democracy. This view is countered by Mahathir's former deputy:
Singapore's opposition leader Chee Soon Juan also states that it is racist to assert that Asians do not want human rights.
An appeal is often made to the fact that influential human rights thinkers, such as
John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Enlightenment thinkers and commonly known as the "father of liberalism". Considered one of ... and John Stuart Mill
John Stuart Mill (20 May 1806 – 7 May 1873) was an English philosopher, political economist, Member of Parliament (MP) and civil servant. One of the most influential thinkers in the history of classical liberalism, he contributed widely to ..., have all been Western and indeed that some were involved in the running of Empires themselves.
Relativistic arguments tend to neglect the fact that modern human rights are new to all cultures, dating back no further than the UDHR in 1948. They also do not account for the fact that the UDHR was drafted by people from many different cultures and traditions, including a US Roman Catholic, a Chinese Confucian philosopher, a French Zionist and a representative from the Arab League, amongst others, and drew upon advice from thinkers such as Mahatma Gandhi.
Michael Ignatieff has argued that cultural relativism is almost exclusively an argument used by those who wield power in cultures which commit human rights abuses, and that those whose human rights are compromised are the powerless. This reflects the fact that the difficulty in judging universalism versus relativism lies in who is claiming to represent a particular culture.
Although the argument between universalism and relativism is far from complete, it is an academic discussion in that all international human rights instruments adhere to the principle that human rights are universally applicable. The 2005 World Summit reaffirmed the international community's adherence to this principle:
Universal jurisdiction vs state sovereignty
Universal jurisdiction is a controversial principle in international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other relation with the prosecuting country. The state backs its claim on the grounds that the crime committed is considered a crime against all, which any state is authorized to punish. The concept of universal jurisdiction is therefore closely linked to the idea that certain international norms are erga omnes, or owed to the entire world community, as well as the concept of jus cogens. In 1993 Belgium passed a ''law of universal jurisdiction'' to give its courts jurisdiction over crimes against humanity in other countries, and in 1998 Augusto Pinochet was arrested in London following an indictment by Spanish judge Baltasar Garzón under the universal jurisdiction principle. The principle is supported by
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ... and other List of human rights organisations, human rights organisations as they believe certain crimes pose a threat to the international community as a whole and the community has a moral duty to act, but others, including Henry Kissinger, argue that state sovereignty is paramount, because breaches of rights committed in other countries are outside states' sovereign interest and because states could use the principle for political reasons.
State and non-state actors
Companies, NGOs, political parties, informal groups, and individuals are known as ''non-State actors''. Non-State actors can also commit human rights abuses, but are not subject to human rights law other than International Humanitarian Law, which applies to individuals.
Multinational corporation, Multi-national companies play an increasingly large role in the world, and are responsible for a large number of human rights abuses. Although the legal and moral environment surrounding the actions of governments is reasonably well developed, that surrounding multi-national companies is both controversial and ill-defined. Multi-national companies often view their primary responsibility as being to their shareholders, not to those affected by their actions. Such companies are often larger than the economies of the states in which they operate, and can wield significant economic and political power. No international treaties exist to specifically cover the behavior of companies with regard to human rights, and national legislation is very variable. Jean Ziegler, Special Rapporteur of the UN Commission on Human Rights on the right to food stated in a report in 2003:
In August 2003 the Human Rights Commission's Sub-Commission on the Promotion and Protection of Human Rights produced draft ''Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights''. These were considered by the Human Rights Commission in 2004, but have no binding status on corporations and are not monitored. Additionally, the United Nations Sustainable Development Goal 10 aims to substantially reduce inequality by 2030 through the promotion of appropriate legislation.
Human rights in emergency situations
With the exception of non-derogable human rights (international conventions class the right to life, the right to be free from slavery, the right to be free from torture and the right to be free from retroactive application of penal laws as non-derogable
), the UN recognises that human rights can be limited or even pushed aside during times of national emergency – although:
Rights that cannot be derogated for reasons of national security in any circumstances are known as Peremptory norm, peremptory norms or ''jus cogens''. Such International law obligations are binding on all states and cannot be modified by treaty.
Critics of the view that human rights are universal argue that human rights are a western concept that "emanate from a European, Judeo-Christian, and/or Enlightenment heritage (typically labeled Western) and cannot be enjoyed by other cultures that don't emulate the conditions and values of 'Western' societies."
Right-wing critics of human rights argue that they are "unrealistic and unenforceable norms and inappropriate intrusions on state sovereignty", while left-wing critics of human rights argue that they fail "to achieve–or prevents better approaches to achieving–progressive goals".
* Animal rights
* List of human rights organisations
* List of human rights awards
* Minority rights
* Prisoners' rights
References and further reading
* Amnesty International (2004)
''Amnesty International Report''
* Chauhan, O.P. (2004). ''Human Rights: Promotion and Protection''. Anmol Publications PVT. LTD. .
* Cope, K., Crabtree, C., & Fariss, C. (2020). "Patterns of disagreement in indicators of state repression" ''Political Science Research and Methods'', 8(1), 178–187.
* Cross, Frank B. "The relevance of law in human rights protection." ''International Review of Law and Economics'' 19.1 (1999): 87–9
* Davenport, Christian (2007)
''State Repression and Political Order.''
''Annual Review of Political Science.''
* Donnelly, Jack. (2003). ''Universal Human Rights in Theory & Practice.'' 2nd ed. Ithaca & London: Cornell University Press.
* Fomerand, Jacques. ed. ''Historical Dictionary of Human Rights'' (2021
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