WEEK 4: Classification of HR HUMAN RIGHTS WEEK 4: Classification of HR

RECAPİTULATİON OF LAST WEEK Universalism Acquired with birth İndividualism Essentiall and Necessary İnviolability İnalienability and indispensability Superiority and binding force Legality Absolute or not?

CLASSİFİCATİON: İNTRODUCTİON HR: broad spectrum of rights FROM right to life TO the right to a cultural identity Rights that are necessary for a dignified human existence HR can be ordered and specified in different ways İnternational level On the one hand: civil and political rights On the other hand: economic, social and cultural rights Other different manners important: international HR law stresses that all human rights are universal, indivisible and interrelated (e.g. Vienna Declaration and Programme of Action (1993), para. 5).

CLASSİFİCATİON: OVERVİEW Classification by History First generation Second Generation Third Generation Classification by Subject Civil, politic, economic, social and cultural rights Negative and positive rights İndividual and collective rights Fundamental and basic rights

CLASSİFİCATİON BY HİSTORY (1) Division of HR into three generations: first proposed by Karel Vasak (International Institute of Human Rights in Strasbourg) His division follows the principles of the French Revolutionf: Liberté, Égalité and Fraternité First Generation related to liberty and refer fundamentally to civil and political rights Second Generation related to equality, including economic, social and cultural rights. Third Generation Also called ‘solidarity rights’ cover group and collective rights, which include, inter alia, the right to development, the right to peace and the right to a clean environment

CLASSİFİCATİON BY HİSTORY (2) “Right to Development”: only third generation right given an official human rights status ( apart from the right to self-determination, which is of longer standing) see the Declaration on the Right to Development, adopted by the UNGA on 4 December 1986, and the 1993 Vienna Declaration and Programme of Action The Vienna Declaration confirms the right to development as a collective as well as an individual right, individuals being regarded as the primary subjects of development Recently, the right to development has been given considerable attention in the activities of the High Commissioner for Human Rights he EU and its member states also explicitly accept the right to development as part of the human rights concept.

CLASSİFİCATİON BY SUBJECT Civil, politic, economic, social and cultural rights Negative and positive rights İndividual and collective rights Fundamental and basic rights

A. CİVİL, POLİTİC, ECONOMİC, SOCİAL AND CULTURAL RİGHTS (1) Civil rights often used with reference to the rights set out in the first eighteen articles of the UDHR almost all of which are also set out as binding treaty norms in the ICCPR. set of ‘physical integrity rights’ has been identified concern the right to life, liberty and security of the person, which offer protection from physical violence against the person, torture and inhuman treatment, arbitrary arrest, detention, exile, slavery and servitude, interference with one’s privacy and right of ownership, restriction of one’s freedom of movement, and the freedom of thought, conscience and religion The difference between ‘basic rights’ and ‘physical integrity rights’ lies in the fact that the former include economic and social rights, but do not include rights such as protection of privacy and ownership

A. CİVİL, POLİTİC, ECONOMİC, SOCİAL AND CULTURAL RİGHTS (2) the right to equal treatment and protection in law = certainly qualifies as a civil right plays an essential role in the realisation of economic, social and cultural rights. Another group of civil rights = ‘due process rights’ For example the right to a public hearing by an independent and impartial tribunal, the ‘presumption of innocence’, the ne bis in idem principle and legal assistance (see, e.g., Articles 9, 10, 14 and 15 of the ICCPR).

A. CİVİL, POLİTİC, ECONOMİC, SOCİAL AND CULTURAL RİGHTS (3) Political rights set out in Articles 19 to 21 of the UDHR and also codified in the ICCPR include freedom of expression freedom of association and assembly, the right to take part in the government of one’s country the right to vote and stand for election at genuine periodic elections held by secret ballot (see Articles 18, 19, 21, 22 and 25 of the ICCPR).

A. CİVİL, POLİTİC, ECONOMİC, SOCİAL AND CULTURAL RİGHTS (4) Economic and social rights are listed in Articles 22 to 26 of the UDHR, and further developed and set out as binding treaty norms in the ICESCR provide the conditions necessary for prosperity and wellbeing Economic rights refer, for example, to the right to property, the right to work, which one freely chooses or accepts, the right to a fair wage, a reasonable limitation of working hours, and trade union rights Social rights = rights necessary for an adequate standard of living including rights to health, shelter, food, social care, and the right to education ( Articles 6 to 14 of the ICESCR).

A. CİVİL, POLİTİC, ECONOMİC, SOCİAL AND CULTURAL RİGHTS (5) The UDHR lists cultural rights in Articles 27 and 28 the right to participate freely in the cultural life of the community to share in scientific advancement the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which one is the author (see also Article 15 of the ICESCR and Article 27 of the ICCPR).

B. NEGATİVE AND POSİTİVE RİGHTS (1) Also called division between ‘classic’ and ‘social’ rights ‘ Classic’ rights: require the non-intervention of the state (negative obligation), ‘Social rights’: requiring active intervention on the part of the state, Classifying human rights in terms of negative and positive obligations not always correct! a certain right may involve both negative and positive obligations for its effective realization In other words, classic rights entail an obligation for the state to refrain from certain actions, while social rights oblige it to provide certain guarantees.

B. NEGATİVE AND POSİTİVE RİGHTS (2) Classic rights, such as civil and political rights, often require considerable investment by the state The state does not merely have the obligation to respect these rights, but must also guarantee that people can effectively enjoy them the right to a fair trial, for instance, requires well-trained judges, prosecutors, lawyers and police officers, as well as administrative support most ‘social’ rights contain elements that require the state to abstain from interfering with the individual’s exercise of the right the right to food includes the right for everyone to procure their own food supply without interference the right to housing implies the right not to be a victim of forced eviction the right to work encompasses the individual’s right to choose his/her own work and also requires the state not to hinder a person from working and to abstain from measures that would increase unemployment the right to education implies the freedom to establish and direct educational establishments; and the right to the highest attainable standard of health implies the obligation not to interfere with the provision of health care

C. İNDİVİDUAL AND COLLECTİVE RİGHTS (1) Fundamental purpose of human rights is the protection and development of the individual (individual rights) BUT some of these rights are exercised by people in groups (collective rights) Freedom of association and assembly freedom of religion and, more especially, the freedom to form or join a trade union Collective element even more evident when HR linked specifically to a membership of a certain group such as the right of members of ethnic and cultural minorities to preserve their own language and culture One must make a distinction between two types of rights, which are usually called collective rights: individual rights enjoyed in association with others, and the rights of a collective.

C. İNDİVİDUAL AND COLLECTİVE RİGHTS (2) The most notable example of a collective human right: “the right to self-determination” regarded as being vested in peoples rather than in individuals (see Articles 1 of the ICCPR and ICESCR) The recognition of the right to self-determination as a human right is grounded in the fact that it is seen as a necessary precondition for the development of the individual İt is generally accepted that collective rights may not infringe an universally accepted individual rights, such as the right to life and freedom from torture.

D. FUNDAMENTAL AND BASİC RİGHTS (1) Fundamental rights rights as the right to life and the inviolability of the person Within the UN  extensive standards have been developed particularly since the 1960s, laid down in numerous conventions, declarations and resolutions bring already recognised rights and matters of policy which affect human development into the sphere of human rights concern that a broad definition of human rights may lead to the notion of ‘violation of human rights’ losing some of its significance generated a need to distinguish a separate group within the broad category of human rights Increasingly, the terms ‘elementary’, ‘essential’, ‘core’ and ‘fundamental’ human rights are being used

D. FUNDAMENTAL AND BASİC RİGHTS (2) Another approach  distinguish a number of ‘basic rights’ should be given absolute priority in national and international policy include all the rights which concern people’s primary material and non-material needs If these are not provided, no human being can lead a dignified existence Basic rights include the right to life, the right to a minimum level of security, the inviolability of the person, freedom from slavery and servitude, and freedom from torture, unlawful deprivation of liberty, discrimination and other acts which impinge on human dignity They also include freedom of thought, conscience and religion, as well as the right to suitable nutrition, clothing, shelter and medical care, and other essentials crucial to physical and mental health.

CASE STUDY Right to self-determination: THE RECOGNİTİON OF THE TURKİSH REPUBLİC OF NORTHERN CYPRUS