SIMAD UNIVERSITY Keyd abdirahman salaad

Simad university Course: human rights Faculty of Law Chapter 1: introduction of human rights Salad Abdurrahman salad (Keyd )

CHAPTER ONE INTRODUCTION TO HUMAN RIGHTS LAW Definition of Human Rights Human rights are a special sort of inalienable moral entitlement. They attach to all persons equally, by virtue of their humanity, irrespective of race, nationality, or membership of any particular social group. Human rights belong to an individual as a consequence of being human.

2. Characteristics of human rights Inherent in all human beings by virtue of their humanity alone; Inalienable; and Equally applicable to all. In the nature of human rights, it happens to create a relationship both between the individual and the state, and between individuals themselves.

- individual – state relationship (vertical effect) obliges governments to promote, respect and protect human rights. -individual –individual relationship(horizontal effect) obliges on individual not violate the rights of other individuals where the state is responsible of making that guaranteed.

Historical Development A. pre-world war II development In the middle ages, several charters codifying rights and freedoms had been drawn up constituting important steps towards the idea of human rights but they were not inclusive as it today and all based on rank and status. These charters include magna charta libertatum 1215.

In the centuries after the Middle Ages, the concept of liberty became gradually separated from status and came to be seen not as a privilege but as a right of all human beings. The Enlightenment was decisive in the development of human rights concepts where the ideas of European philosophers attracted much in Europe like Hugo Grotius, John Locke and Jean-Jacques Rousseau.

One of the most significance event at that time is the appearance the name of Human rights in the the French Déclaration des Droits de l’Homme et du Citoyen (1789). The people of the British colonies in North America took the human rights theories to heart. The American Declaration of Independence of 4 July 1776 was based on the assumption that all human beings are equal.

It also referred to certain inalienable rights, such as the right to life, liberty and the pursuit of happiness. These ideas were also reflected in the Bill of Rights which was promulgated by the State of Virginia in the same year. The French Déclaration des Droits de l’Homme et du Citoyen of 1789, as well as the French Declaration of 1793, reflected the emerging international theory of universal rights.

Both the American and French Declarations were intended as systematic enumerations of these rights. In this era of time, an idea which implies the responsibility of the government towards social rights has appeared such as employment, education, welfare and public health. The rise of industrial revolution made a necessity to enact legislations which enhances the rights of employees and workers.

B. post- world war developments The atrocities of World War II put an end to the traditional view that states have full liberty to decide the treatment of their own citizens. The signing of the Charter of the United Nations (UN) on 26 June 1945 brought human rights within the sphere of international law.

The UN Commission on Human Rights (UNCHR),which was established early in 1946, submitted a draft Universal Declaration of Human Rights (UDHR). The UN General Assembly (UNGA) adopted the Declaration in Paris on 10 December 1948. This day was later designated Human Rights Day.

Since the 1950s, the UDHR has been backed up by a large number of international conventions. The most significant of these conventions are the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Human rights have also been receiving more and more attention at the regional level. For example, in the European, the Inter-American and the African context, standards and supervisory mechanisms have been developed have already had a significant impact on human rights compliance in the respective continents, and promise to contribute to compliance in the future.

Chapter one Human rights end