1. General form of a rights-based claim:
WHAT ARE HUMAN RIGHTS?
Claim to a benefit that everyone should have - universal domain (all people everywhere) - equal rights - claims against governments
General form of a rights-based claim:
Logical relationship between two agents (x) and (y) and a condition (z)
Specification of a rights-holder/s (x), duty holder/s (y) condition (z)
CONDITION
RIGHTS OBLIGATIONS
Human rights
Subset: rights-holders = human beings, duty-holders = governments, conditions = fundamental human freedoms
FUNDAMENTAL FREEDOMS
HUMAN GOVERNMENT
RIGHTS OBLIGATIONS

2. BASIS OF THE JUSTIFICATION OF HUMAN RIGHTS
Human rights justified in terms of a theory (T) which specifies:
the class of claims to be regarded as human rights
which agents have obligations to fulfil the human rights
The theory (T) could be a philosophical or ethical theory, a political theory or a legal theory
e.g. the basis of the justification might relate to moral arguments, to political agreements by governments, or international human rights law
The class of human rights justified by the theory might be narrow or broad
Narrow theories focus on civil and political liberties
Broad theories focus on a broader class of human rights and take account of poverty, hunger and starvation
The obligations of governments might be negative obligations (of omission or restraint) or positive obligations (of assistance and aid)

3. LINKING THE IDEA OF “CAPABILTIY EXPANSION” AND THE IDEA OF HUMAN RIGHTS
Ways in which Sen’s research agenda goes beyond the “human development paradigm” by providing a framework for thinking about human rights

4. KEY INTERNATIONAL TREATIES IN THE FIELD OF HUMAN RIGHTS

5. THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
RECOGNITION OF HUMAN RIGHTS
ADEQUATE STANDARD OF LIVING + FREEDOM FROM HUNGER
Article 11 (1) States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing (2) The fundamental right of everyone to be free from hunger
ACCESS TO HEALTH CARE
Article 12 The right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
EDUCATION
Articles 13&14 The right of everyone to education…. Compulsory primary education, free of charge
RECOGNITION OF THE OBLIGATIONS
Article 2 Each State party … undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realisation of the rights recognised in the present Covenant by all appropriate means, including … the adoption of legislative measures.

6. UK HUMAN RIGHTS ACT, 1998. SECTION 1 (CONVENTION RIGHTS)
INDEX OF RIGHTS
Life
Torture
Slavery and forced labour
Liberty and security
Fair Trial
Punishment under the law
Private family life
Freedom of Expression/Assembly/Association
Non-discrimination
Political Activity
Abuse of Rights
Property
Education
Free Elections
Death Penalty

7. CONSTITUTION OF SOUTH AFRICA (1996): CHAPTER 2 (BILL OF RIGHTS)
INDEX OF SECTIONS
7. Rights
8. Application
9. Equality
10. Human Dignity
11/12 Life, Freedom and Security of the Person
13. Slavery, Servitude and Forced Labour
14. Privacy
15. Freedom of Religion, Belief and Opinion
16. Freedom of Expression
17. Assembly, Demonstration, Picket and Petition
18. Freedom of Association
19. Political Rights
20. Citizenship
21. Freedom of Movement and Residence
22. Freedom of Trade, Occupation and Profession
23. Labour Relations
24. Environment
25. Property
26. Housing
27. Health Care, Food Water and Social Security
28. Children
29. Education
30/31 Language, Culture and Linguistic and other Communities
32. Access to Information
33. Just Administrative Action
34. Access to Courts
35. Arrested, detained and Accused Persons
36/37. Limitation of Rights and States of Emergency
38/39. Enforcement and Interpretation

8. JURISPRUDENCE OF S.A. CONSTITUTIONAL COURT
Article 27 (Health care, food and water and social security) (1) Everyone has the right to have access to a.health care services, including reproductive health care; b.sufficient food and water; and c.social security, including, if they are unable to support themselves and their dependants, appropriate social assistance. (2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights. (3) No one may be refused emergency medical treatment.
“[H]undreds of thousands of people [are] living in deplorable conditions throughout the country. The Constitution obliges the State to act positively to ameliorate these conditions. The obligation is to provide access to housing, health-care, sufficient food and water, and social security to those unable to support themselves and their dependents…Those in need have a corresponding right to demand that this be done”.
“[It] is an extremely difficult task for the State to meet these obligations in the conditions that prevail in our country...[This is recognised by] the Constitution which expressly provides that the State is not obliged to go beyond available resources or to realise these right immediately…[D]espite all these qualifications, these are rights, and the Constitution obliges the State to give effect to them. This is an obligation that Courts can and in appropriate circumstances, must enforce”.

9. Questions What are human rights? Why are they important?
Does everyone have them?
What if different countries have different rules?
Does everyone deserve human rights?