HUMAN RIGHTS SECTION 2

What are the Human Rights? Human rights are moral principles that set out certain standards of human behaviour, and are regularly protected as legal rights in national and international law. They are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal (applicable everywhere) and egalitarian (the same for everyone). (From Wikipedia.org)

Human rights are a way of acknowledging and demanding the dignity of all human beings. Human rights are not just a series of values we have more or less agreed upon. They bear a lot of responsibility because each right creates obligation and duty. If we recognize and accept the “right to work” as a right this means that we need to organize society so that we create conditions that guarantee work for everyone. This, of course, bears a great responsibility for all, every single person and mankind in general. That is why we must speak of rights, duties and responsibilities. Human rights are not a "fairytale" we should tell from time to time and neither are they a mere imposition from the Western world. They are a grand ethical project that can bring together citizens at all levels.

In the Declaration of Human Rights we can find three ways of justifying and explaining these rights: 1. Individualist justification (anti-state); human rights are individual and natural, prior to the State and therefore claimed by individuals and groups in the face of the State; States must acknowledge these rights. 2. Statal justification (contractual); rights are the result of a contract or agreement between the governors and governed, rights depend on the authority of the State. 3. Statal justification (historical); rights appear with the different forms of State of the modern era. There are no rights prior to the State. The State, in its various forms, is the one that proclaims them. Maybe human rights can be considered as invariably human and therefore have to be protected, guaranteed and promoted by States.

The Three Generations of Rights The affirmation of human rights was not something instantaneous and isolated. It was the result of a historical process. Therefore, we speak of “the generations of rights”. In other words, moments in which human rights appeared, or rather, when rights were recognised. It is the story of a mankind that has given the human being increasingly more safeguards for certain basic values.

THREE GENERATIONS OF HUMAN RIGHTS BASIC PRINCIPLESMAIN VALUE FIRST A fundamental moment in the recognition of human rights is the French Revolution (1789). Its ideals of freedom, equality and fraternity are a guide for the different generations of rights. The first generation, the one in which the French Revolution took place, has liberty as a symbol. It was the recognition of civil and political rights. People had the chance to participate in decision-making, they are recognised as people with the capacity to act. Civil and political rights: Right to live, to property, to freedom of conscience and expression, the right to freedom of movement and association, the right to participate in politics, etc. Freedom

THREE GENERATIONS OF HUMAN RIGHTS BASIC PRINCIPLESMAIN VALUE SECOND The second generation of human rights completes the first one. Rights referring to individual freedom are not enough; it is necessary to also proclaim those rights related to the social and community dimension. These rights refer to equality and justice. A big step is taken towards social responsibility in terms of these rights. It is not enough to allow a “laissez faire” attitude. It is necessary to promote, protect, guarantee or motivate certain rights. Economic, social and cultural rights: The right to culture and education, the right to healthcare, the right to work. Equality

THREE GENERATIONS OF HUMAN RIGHTS BASIC PRINCIPLESMAIN VALUE THIRD Nowadays, even though legally protecting rights is still difficult, there has been a call for a third generation. This would be the modern version of fraternity and it is called solidarity. It was created to promote human interests such as peace or a clean environment and implies a global understanding of mankind. This set of rights would complement the United Nations Declaration of The right to a clean social environment, the right to peace. Solidarity

History of Human Rights

When we speak about Human Rights we refer to the Universal Declaration of Human Rights, written and approved in 1948 by the United Nations. They are based ideas which sprang in the 18th century, which can be resumed in two documents: - Declaration of Independence of the United States of America (1776) - Declaration of the Rights of Men and of the Citizen (1789)

Declaration of Independence of the United States of America (1776) Written by Thomas Jefferson We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

Declaration of the Rights of Men and of the Citizen (1789) Paris, National Assembly In France, in August 1789, after the so-called Storming of the Bastille on July 14th and in the process of the French Revolution (that, as you might remember from 1st grade, is so important that historians consider that the Contemporary Times begin then), the National Assembly of Citizens declare in Paris that: “For these reasons, the National Assembly doth recognize and declare, in the presence of the Supreme Being, and with the hope of his blessing and favour, the following sacred rights of men and of citizens”.

You can find the whole Declaration of the Rights of Men and of the Citizen in the blog

Universal Declaration of Human Rights (Paris, 1948) United Nations World War II ( ) saw some of the greatest acts of cruelty in the history of mankind: - Over 60 million people died (2,5 % of the world population), military and civilian (conflict, consequences such as starvation and diseases, crimes against humanity...) and 28 million Russians - 10 to 20 millions of Chinese - 7 to 9 million Germans - 6 million Polish - 3 to 4 millions in Indonesia -3 million Japanese - Religious, political and ethnic prosecutions: 6 million Jewish killed in German concentration camps. - Atomic bombs, attacks against civilians, hatred… After the war, states considered that it was necessary to have a series of legal and institutional rules so that such a crimes could not happen again. With that purpose, the Declaration of Human Rights was written in 1948.

“Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction”.

"Los hombres nacen y permanecen libres e iguales en derechos." Francia, 1789 "Todos los seres humanos nacen libres e iguales en dignidad y derechos." Naciones Unidas, 1948