Human Rights origin and development

Human Rights Origin and development

1. Dr. Basil B Mathew Department of Political Science St.Peter’s College, Kolenchery

2. RIGHTS What can we do with RIGHTS? to protect; to observe; to violate; to diminish ; to acquire; to guarantee; to grant; to respect; to restrict; to ensure …

3. 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 Human Rights

4. basic rights and freedoms to which all humans are entitled inalienable rights : a set of human rights that are fundamental, are not awarded by human power, and cannot be surrendered Fundamental rights that belong to every person, simply by being a human being. Principles Universality Equality Non-discrimination

5. Universal legal guarantees; Protecting individual and groups; Against actions and omissions That interfere with fundamental freedoms entitlements and human dignity Human Rights

6. History of Human Rights

7. History Human Rights Code of Hammurabi: i s a well-preserved Babylonian  code  of law of ancient Mesopotamia, dated back to about 1754 BC . It is one of the oldest deciphered writings of significant length in the world.

8. The right  to hold Athenian citizenship All Athenian citizens had the right to vote in the Assembly, debate, own land and own slaves. All Athenian citizens were expected to have military training, be educated, pay their taxes and serve Athens in times of war Rights of Athenian Citizens

9. Magna Carta (1215) Magna Carta was a Peace T reaty between the King and the rebel barons. In that respect it was a failure, but it provided a new framework for the relationship between the King and his subjects .

10. English Declaration of the Rights of Man (1689) Bill of Rights 1689. ... It received the Royal Assent on 16 December  1689 and is a restatement in statutory form of the Declaration of Right presented by the Convention Parliament to William III and Mary II in February 1689, inviting them to become joint sovereigns of England .

11. U.S. Declaration of Independence (1776) The Declaration of Independence, 1776. By issuing the Declaration of Independence, adopted by the Continental Congress on July 4, 1776, the 13 American colonies severed their political connections to Great Britain

12. French Declaration of the Rights of Man and of the Citizen ( 1789) The Declaration of the Rights of Man and of the Citizen, set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolution.  Liberty Fraternity Equality

13. United States Constitution and Bill of Rights (1789) On September 25, 1789, the First Federal Congress of the United States proposed to the state legislatures twelve amendments to the Constitution. ... On June 8,1789, James Madison introduced his proposed amendments to the Constitution, which would eventually become known as the Bill of Rights.

14. International Committee for the Red Cross (1863) The International Committee of the Red Cross (ICRC) is a private humanitarian institution founded in 1863 in Geneva, Switzerland, in particular by Henry Dunant and Gustave Moynier . 

15. Geneva Convention (1864) The First Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field, held on 22 August 1864, is the first of four treaties of the Geneva Conventions . It defines "the basis on which rest the rules of international law for the protection of the victims of armed conflicts."

16. Hague Conventions The Hague Conventions of 1899 and 1907 were the first multilateral treaties that addressed the conduct of warfare and were largely based on the Lieber Code, which was signed and issued by U.S. President Abraham Lincoln to the Union Forces of the United States on 24 April 1863, during the American Civil War.

17. Established in  1919  by the Treaty of Versailles as an affiliated agency of the  League of Nations , the ILO became the first affiliated specialized agency of the United Nations  in 1946. . League of Nations & International Labor Organization

18. Creation of the United Nations (1945) The Formation of the United Nations, 1945. On January 1, 1942, representatives of 26 nations at war with the Axis powers met in Washington to sign the Declaration of the United Nations endorsing the Atlantic Charter , pledging to use their full resources against the Axis and agreeing not to make a separate peace.

19. The Nuremberg Trial and the Tokyo War Crimes Trials (1945–1948 ) Following World War II, the victorious Allied governments established the first international criminal tribunals to prosecute high-level political officials and military authorities for war crimes and other wartime atrocities. The Nuremberg and Tokyo Tribunals

20. Universal Declaration of Human Rights (1948) UDHR

21. WWI: Trench warfare, poison gas, and new weapons intensify war and increasingly affect civilian populations. WWII: Nazis exterminate millions of people (incl. Jews, gypsies, communists, people with disabilities, Jehovah’s Witnesses, and homosexuals). The Japanese military brutalizes residents of occupied countries. The United States drops the first atomic bomb on Japan. Nazi and Japanese war criminals are prosecuted in the first-ever war trials: the Nuremberg and Tokyo tribunals. Events Preceding UDHR

22. Article 19 UDHR: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers” UDHR:

23. Protection of International Human Rights In 1948, the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR) The Declaration enumerates civil, political, economic, social, and cultural rights, but the Declaration contains no provisions for monitoring or enforcement.

24. Fundamental characteristics of human rights Set of beliefs about societal basis of human well-being Series of non-provable statements about what people need to maintain their human dignity Rights of individuals Inhere to individuals because they are human Apply to all people around the world Principally involve the relationship between the state and the individual

25. 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

26. Five C ategories of Human Rights Civil: The right to be treated as an equal to anyone else in society Cultural: The right to freedom of religion, and to speak the language, and to practice the culture of one’s choice Social: The right to education, health care, food, clothing, shelter and social security Political: The right to vote, to freedom of speech and to obtain information Economic: The right to participate in an economy that benefits all; and to desirable work

27. CIVIL RIGHTS Cultural background Non-discrimination religion Life Opinion Free speech Marry

28. POLITICAL RIGHTS Freely disagree with views and policies of political leaders Stand for public office Live in an independent country Freely form or join political parties Vote in elections

29. ECONOMIC RIGHTS Protection against labor malpractices Have adequate food Form trade unions Safe working conditions Work without exploitation Fair wage Jobs

30. SOCIAL RIGHTS Social security Clean environment Recreation facilities Health services Education Housing

31. SOME CULTURAL RIGHTS Use own language Develop cultural activities Ancestral domains Develop own kind of schooling

32. Core Principles of HR Inalienable : all people everywhere in the world are entitles to human rights. Indivisible & interrelated: rights are completely interdepended & depend on each other for their effectiveness. Non-Discrimination Accountability : Govts have certain duties & obligations to respect, protect and fulfil human rights.

33. Modern Protection of International Human Rights In addition to the International Bill of Human Rights, the United Nations has drafted and promulgated over 80 human rights instruments Genocide Racial discrimination Discrimination against women Refugee protection Torture The rights of disabled persons The rights of the child

34. UN Human Rights Bodies Security Council Economic and Social Council Commission on Human Rights General Assembly Sub-commission on the Promotion and Protection of Human Rights Commission on the Status of Women

35. UN Human Rights Bodies Commission on Crime Prevention and Criminal Justice International Court of Justice International Criminal Court Office of the High Commissioner for Human Rights (created by the General Assembly in 1993)

36. UN Human Rights Bodies Treaty Monitoring Bodies Committee on Economic Social and Cultural Rights Committee on the Elimination of Discrimination Against Women Human Rights Committee

37. Committee on the Rights of the Child Committee Against Torture Committee on the Elimination of All Forms of Racial Discrimination

38. Three Genarations of human rights First Generation ( Civil and Political Rights) - d ate back to 18th Century Designed to protect the individual against state interference Right to vote Right to assemble Right to free speech Right to a fair trial Right to freedom from torture, abuse Right to protection of the l aw

39. Second Generation (Economic, Social and Cultural Rights ) 19th Century response to widespread poverty in wake of industrial revolution Prohibit government from denying access, - entitle individuals to get protection from state if third parties interfere with rights, - oblige states to take measures to improve overall social situation Right to education Right to housing Right to health Right to employment Right to an adequate income Right to social security

40. Third Generation (Collective Rights) - First articulated in second half of the 20th Century With exception of African Charter on Human and People's rights, have not been incorporated into human rights treaties yet Right to economic and social development Right to prosperity Right to benefit from economic growth Right to social harmony Right to a healthy environment, clean air and water, Right to participation in cultural heritage etc.

41. PROTECTION OF HUMAN RIGHTS aanational level N ational level International level Constitution International Treaties and Convention

42. Major Human Rights Conventions ICESCR: International Covenant on Economic, Social and Cultural Rights ICCPR: International Covenant on Civil and Political Rights CERD: International Convention on the Elimination of all forms of Racism. CRC: Convention on the Rights of the Child

43. CEDAW: Convention on the Elimination of all forms of Decimation Against Women. CAT: Convention against Torture and other Cruel, in human or Degrading Treatment or Punishment

44. Regional human rights regimes Non-governmental Organizations Human rights defenders National preventive mechanism For States

45. Asylum for refugees: Some people flee countries with terrible human rights, but they are not always welcome in other countries LGBT rights: Often LGBT individuals are discriminated against and lack rights Gender rights: to equal employment, equal pay, equal access, etc. Challenges