1. THE ORIGIN AND MEANING OF HUMAN RIGHTS
UN HABITAT
Nairobi, Kenya
23-25 October 2013
Urban Jonsson

2. OUTLINE The moral origin of human rights
The legal origin of human rights
The meaning of human rights
Different types of human rights duties
The difference between a Right and a Privilege

3. What is more important:
The Origin or
The Meaning?

4. The Origin of Human Rights

5. Human Rights = Morality + Legality
HUMAN RIGHTS TODAY
Human Rights =
Morality +
Legality

6. The Moral Origin of Human Rights

7. THE MORAL FOUNDATION OF HUMAN RIGHTS
Moral codes have existed and do exist in all societies on what is right or wrong, permissible or not permissible, legitimate or not legitimate etc.

8. “The Golden Rule” In
Religions

9. THE GOLDEN RULE - BUDDHISM
“Hurt not others in ways that you yourself would find hurtful”

10. THE GOLDEN RULE - CHRISTIANITY
“Do unto others as you would have them do unto you”

11. THE GOLDEN RULE - HINDUISM
“Do naught to others, if done to thee, would cause thee pain; this is the sum of duty”

12. THE GOLDEN RULE - ISLAM
“No one of you is a believer until he desires for his brother that which he desires for himself”

13. THE GOLDEN RULE - JUDAISM
“What is hateful to you, do not to your fellow man. That is the entire law; all the rest is commentary”

14. How is this possible?

15. I argue that this is the result of the individual human being's ‘humanitarian instinct’

16. Human rights reflect the very nature of Human Beings

17. THE INFLUENCE BY WESTERN THOUGHT
It was the influence of the Western ‘Enlightenment’ with concepts of:
Secularism
Equality
Universality
that influenced the development of today’s human rights

18. DISCUSSION

19. Human Rights = Morality + Legality

20. The Legal Origin of Human Rights

21. The United Nations and Human Rights

22. THE ORIGINAL PILLARS OF THE UN SYSTEM ACCORDING TO THE UN CHARTER 1945
PEACE
JUSTICE
FREEDOMS
HUMAN RIGHTS

23. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948)
“The 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”

24. THE TWO INTERNATIONAL HUMAN RIGHTS COVENANTS
The International Covenant on Civil and Political Rights (ICCPR)
The International Covenant on Economic, Social and Cultural Rights (ICESCR)

25. CIVIL AND POLITICAL RIGHTS
Right to life
Right to freedom from slavery, servitude, forced or compulsory labor
Liberty and security
Freedom of movement

26. CIVIL AND POLITICAL RIGHTS
5. Equality before the law
6. Freedom of thought, conscience and religion
7. Freedom of expression and peaceful assembly
8. Right to vote and be elected

27. ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Right to work and to form trade unions
Right to social security
Right to food
Right to health

28. ECONOMIC, SOCIAL AND CULTURAL RIGHTS
5. Right to education
6. Right to shelter
7. Right of children to be protected from all forms of exploitation

29. Is there any fundamental difference between CPR and ESCR?
CONTROVERSIAL ISSUE
Is there any fundamental difference between CPR and ESCR?

30. THE CORE UN HUMAN RIGHTS TREATIES
UNITED NATIONS CHARTER
UNIVERSAL DECLARATION OF HUMAN RIGHTS
INTERNATIONAL CONVENANT ON
CIVIL AND POLITICAL RIGHTS
(ICCPR)
+ 2 Optional Protocols
Individual Complaints
Death Penalty
Ratified by 149 States (9 December 2002)
INTERNATIONAL CONVENANT ON
ECONOMIC, SOCIAL AND CULTURAL
RIGHTS (ICESCR)
Ratified by 146 States (9 December 2002
International
Convention on the
Elimination of All
Forms of Racial
Discrimination
- Ratified 165 States
Convention on the
Elimination of All
Forms of
Discrimination
Against Women
+ Optional Protocol
- Ratified 170 States
Convention Against
Torture and other
Cruel, Inhuman or
Degrading Treatment
or Punishment
Optional Protocol
(prison inspections)
Ratified 132 States.
Convention on the
Rights of the Child
+ 2 Optional Protocols
Armed conflict
Sale of children, child
prostitution and child
pornography
- Ratified 191 States
Convention on the
Rights of all
Migrant Workers
and their Families

31. The Convention on the Rights of Persons with Disabilities (2007)
NEW CONVENTION!
The Convention for the Protection of All Persons from Enforced Disappearance (2006)
The Convention on the Rights of Persons with Disabilities (2007)

32. FROM NATURAL RIGHTS TO HUMAN RIGHTS
In ‘natural rights’ duties of some people are recognized, which results in privileges or ‘rights’ of others
In International Humanitarian Law (Geneva Conventions) duties of military commanders are stipulated, which means that civilians have some kind of claims
In International Human Rights Law claims of individuals are recognised, which results in duties of others

33. DISCUSSION

34. The Meaning of Human Rights

35. A SIMPLE ‘DEFINITION’ OF HUMAN RIGHTS
Human rights are those things that ought to be done to everybody and those things that ought not to be done to anybody

36. THE MEANING OF HUMAN RIGHTS
CORRELATIVE DUTY
VALID CLAIM
Claim (Right) Holder Duty Bearer
(Subject) (Object)
(content)
“A school-aged child has a valid claim (right) to education – others have duties (or obligations) to ensure that the right is realized.”

37. RIGHT-HOLDERS AND CLAIM-HOLDERS
All individual human beings are RIGHT-HOLDERS of those rights codified in UN International Covenants and Conventions
If the individual lives in a country that has ratified the International Covenant or Convention with the specific right codified, the individual becomes a CLAIM-HOLDER

38. The Pattern of Human Rights

39. PATTERN OF HUMAN RIGHTS (1)
Children have a right to adequate food
Parents have a duty to provide food for their children (primary duty-bearers)
Parents may fail to meet their duties to provide food, because they have no land or job. They have as secondary claim-holders their rights to land or a job not realised

40. PATTERN OF HUMAN RIGHTS (2)
Their rights may not be realised because the community or the state cannot meet their correlative duties (secondary duty-bearers)
A pattern of claim-duty relationships in society

41. Claim-Holders and Duty-Bearers are ROLES
Claim(Right)-Holders and Duty-Bearers are roles into which individuals or groups of individuals enter depending on the context
Example
Tenants - Landlord

42. Different Types of Human Rights Duties

43. DIFFERENT TYPES OF DUTIES OR OBLIGATIONS
The Duty to Respect
The Duty to Protect
The Duty to Facilitate
The Duty to Provide

44. DUTIES AND OBLIGATIONS
The Obligation / Duty to Respect requires the duty-bearer to refrain from interfering directly or indirectly with the enjoyment of the right
Example
States should refrain from carrying out forced evictions; denying security of tenure to particular groups; or denying restitution to particular groups

45. DUTIES AND OBLIGATIONS
The Obligation / Duty to Protect requires the duty-bearer to take measures that prevent third parties from interfering with the enjoyment of the right
Example
Ensure that private actors comply with human rights standards related to the Right to Adequate Housing, incl. regulating the housing and rent markets

46. DUTIES AND OBLIGATIONS
The Obligation / Duty to Facilitate requires the duty-bearers to adopt appropriate legislative, administrative, budgetary, judicial, promotional, and other measures towards the full realization of the right
Example
Adopt a national housing policy and national housing plan, with a focus on disadvantaged or marginalized groups

47. DUTIES AND OBLIGATIONS
The Obligation / Duty to Provide requires the duty-bearers to directly provide assistance or services for the realization of the right
Example
Prevent and address homeless-ness; provide the physical infrastructure required for housing; and provide housing subsidies: and stop all illegal forced evictions

48. DISCUSSION

49. The Difference between a Right and a Privilege

50. What is the difference between a right and a privilege?
Table Group Work
What is the difference between a right and a privilege?

51. THE DIFFERENCE BETWEEN A RIGHT AND A PRIVILEGE
Right: As a human being I am born with all human rights. If my country ratifies a Convention with a specific right, I have a valid claim to have the right realised. I become a claim-holder
Privilege: I am not born with any privilege. I cannot claim a privilege. Any privilege can be withdrawn at any time

52. DISCUSSION