Input A ARASA HIV/AIDS and human rights training manual What are human rights?

Many terms used to describe human rights Many terms: Fundamental rights Basic rights Natural rights Rights of man Human rights

Many definitions of human rights Many definitions: Generally accepted principles of fairness and justice Universal rights

Definitions contin. Human rights are universal, fundamental, inalienable rights, which all human beings are entitled to regardless of their race, gender, age, social class, national origin, occupation, talent, religion, or any other personal factor. All individuals are entitled to human rights simply because they are human

Why are human rights important? Allows humans to reach full potential Recognises inherent dignity of every individual Enables peaceful co-existence Critical pre-condition for democracy Everyone (adults) have the vote – right to equality UN stated in 1987 that human rights are: Inherent rights – part of our nature Humans cannot live without them

What are the characteristics of human rights? (i) Rights – entitlements (ii) Only protect humans (iii) Universal and uniform Apply equally throughout the world Human = only qualification

Characteristics contin. (iv) Fundamental Important Special protection in law – Bill of Rights Cannot be taken away – legislation/conduct (v) Inalienable Cannot be relinquished/forfeited/lost

Characteristics contin. (vi) Interdependent and Indivisible Enjoyment of rights is dependent on other rights Cannot enjoy/participate in civil and political rights without right to health and education and vice versa S v Makwanyane 1995 (3) SA 391 (CC) o CC – rights to equality, life and dignity give meaning to the right to not be subjected to cruel and unusual punishment Government of the Republic of South Africa & Others v Grootboom & Others (11) BCLR 1169 (CC) o CC – when people live without socio-economic rights such as shelter, food or water, this infringes their civil and political rights, such as their rights to dignity, equality and freedom

Characteristics contin. “Our Constitution entrenches both civil and political rights and social and economic rights. All the rights in our Bill of Rights are interrelated and mutually supporting. There can be no doubt that human dignity, freedom and equality, the foundational values of our society, are denied those who have no food, clothing or shelter. Affording socio-economic rights to all people therefore enables them to enjoy the other rights enshrined in Chapter 2 (of the Constitution – the Bill of Rights). The realisation of these rights is also key to the advancement of race and gender equality and the evolution of a society in which men and women are equally able to achieve their full potential”

Characteristics contin. (vii) Treat us as equal Humans are born free and equal All equally entitled to rights and dignity (viii) Protect individuals from the state State cannot take away rights – except in certain circumstances State must protect, respect, promote and fulfill rights

How are human rights different from legal rights? Legal rights are rights enshrined in law that can be defended in the country’s courts Legally protected claim Human rights may not always be protected in law Human rights exist regardless of whether protected by law For example, the right to control over reproductive health for women may not be enshrined in a country’s laws, but it is a fundamental human right

Can we categorise human rights? Various ways of classifying human rights Identifying the different qualities in human rights Three generations approach Historical Reflects the different duties placed on governments

Three Generation classification of human rights First generation rights Civil and political rights, for example, the right to vote, freedom of expression Second generation rights Socio-economic rights, for example, right to education, access to housing and access to health Third generation rights Solidarity rights, for example, right to peace, right to a clean environment

Three Generations contin. Civil and political rights State must take immediate steps to implement Socio- economic rights State must take steps within its available resources to progressively implement Solidarity rights State must work with others progressively to implement

July 10, 2016AIDS & Rights Alliance for Southern Africa 15 Presented by: