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DEFINITION HUMAN RIGHTS are the rights that all people have by virtue of being human beings. HUMAN RIGHTS are derived from the inherent dignity of the human person and are defined internationally, nationally and locally by various law making bodies.
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DEFINITION HUMAN RIGHTS is defined as the supreme, inherent and inalienable rights to life, to dignity, and to self-development. It is concerned with issues in both areas of civil and political rights and economic, social and cultural rights founded on internationally accepted human rights obligations
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HUMAN RIGHTS RIGHTS – moral power to hold (rights to life, nationality, own property, rest and leisure), to do (rights to marry, peaceful assembly, run for public office, education), to omit (freedom from torture and cruel, inhuman or degrading punishment, freedom from arbitrary arrest, detention or exile) or to exact something (equal protection of the law, equal access to public service, equal pay for equal work) NATURE – Human rights are more than legal concepts: they are the essence of man. They are what make man human. That is why they are called human rights; deny them and you deny man’s humanity (Jose Diokno)
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Positive- Negative Positive- Permission to do or entitlement to be done unto. Negative- permission not to do or entitlement to be left alone- non-interference.
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Characteristics of Human Rights
Universal Internationally guaranteed Legally protected Protects individuals and groups Cannot be taken away Equal and indivisible Obliges States and State actors
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Human rights are traditionally categorized in the following
Types of Human Rights Human rights are traditionally categorized in the following five types Civil Rights Political Rights Economic Rights Cultural Rights Social Rights This is compilation of Presentation to introduce HR subjects to my students with due acknowledgement to all the sources
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Civil and Political Rights
Civil Rights Political Rights Civil rights deal with standards of judiciary and penal systems. Political rights deal with specific components of participation in political power. These rights are often focused on when one talks about human rights.
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Economic Rights Cultural Rights Social Rights
Economic Rights deal with the sphere of human beings working, producing and servicing. Social Rights deal with standard of living and quality of life for all persons, including those not participating in economic activities. Cultural Rights deal with the cultural sphere of life including ethnic culture, subcultures, arts and science. Economic Rights Cultural Rights Social Rights
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Natural Rights Natural rights are rights derived from Nature- they are universal; can’t be taken away (exist necessarily) “inalienable” Life, liberty, pursuit of happiness.
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Legal Rights A legal right is based on a society’s customs, laws, statues or actions by legislatures. These are called “civil rights”- and are culturally and politically relative. - right to vote
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Three generations of human rights
First-generation human rights Second-generation human rights Third-generation human rights
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First-generation human rights
First-generation human rights, deal essentially with liberty and participation in political life. They are fundamentally civil and political in nature: They serve negatively to protect the individual from excesses of the state. First-generation rights include, among other things, the right to life, equality before the law, freedom of speech, the right to a fair trial, freedom of religion, and voting rights. They were pioneered by the United States Bill of Rights and in France by the Declaration of the Rights of Man and of the Citizen in the 18th century, although some of these rights and the right to due process date back to the Magna Carta of 1215 and the Rights of Englishmen, which were expressed in the English Bill of Rights in 1689.
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Second-generation human rights
Second-generation human rights are related to equality and began to be recognized by governments after World War II. They are fundamentally economic, social, and cultural in nature. They guarantee different members of the citizenry equal conditions and treatment. Secondary rights would include a right to be employed in just and favorable condition, rights to food, housing and health care, as well as social security and unemployment benefits. Like first-generation rights, they were also covered by the Universal Declaration of Human Rights, and further embodied in Articles 22 to 28 of the Universal Declaration, and the International Covenant on Economic and Social. They impose upon the government the duty to respect and promote and fulfill them, but this depends on the availability of resources. The duty is imposed on the state because it controls its own resources. No one has the direct right to housing and right to education. The duty of government is in the realization of these positive right
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Third-generation human rights
Third-generation human rights are those rights that go beyond the mere civil and social, as expressed in many progressive documents of international law including the 1972 Stockholm Declaration of the United Nations Conference on the Human Environment, the 1992 Rio Declaration on Environment and Development, and other pieces of generally aspirational "soft law". Because of the present-day tilting toward national sovereignty and the preponderance of would-be offender nations, these rights have been hard to enact in legally binding documents. Third generation rights consists the right to preserve language, art, identity, religion, places of worship, custom, dress code, eating habits, style of living and art and craft because of their sentimental attachment to their original culture they do not want to assimilate into the dominant culture but they wish to ,maintain their identity and antonomy in some respects. The term "third-generation human rights" remains largely unofficial, just as the also-used moniker of "green" rights, and thus houses an extremely broad spectrum of rights, including: Group and collective rights Right to self-determination Right to economic and social development Right to a healthy environment Right to natural resources Right to communicate and communication rights Right to participation in cultural heritage Rights to intergenerational equity and sustainability
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