HUMAN RIGHTS TEST: Date: April 5th
Definition of Human rights
Human rights are the indivisible rights which all human beings are entitled by the simple fact of being human,
without discrimination. Contemporary thinkers say they are essential for living a life of dignity, are inalienable,
so these are universal. We can say this because they do not have boundaries of gender or nationality, and can be
claimed individually or in groups.
Agreed in 1948, the Universal Declaration of Human Rights sets out the global consensus on human rights.
According to the UDHR , it follows four key principles: universal, interdependent, indivisible and inalienable.
The distinction between negative and positive rights has roots in Enlightenment writers, the French Revolution
and the principles of liberty, fraternity, and equality.
- HR are constantly evolving and influenced by historical, social, and cultural factors..
Positive HR:
Refer to rights that require the government to take action, and to provide services (education, protection from
harm, places to live and care) that allow certain rights to be enjoyed by individuals.
Without government intervention these rights would not be delivered and would be meaningless.
- Less economically developed countries struggles to protect positive HR → “progressive realization"
(governments that cannot approach these quickly)
Negative HR:
Are rights that do not require intervention by the government and let human beings be free from interference
(right to live, absence of torture and from arbitraty arrest or detention by the state, community control of the
community)
Protecting NR should be feasible regardless of financial constraints
- At risk when governments feel they face a security threat.
Key concepts
- Justice: a number of different interpretations of this concept.
- It is often associated with the idea of fairness and with individuals getting what they deserve ‘’: matter of
debate
-Other definition: the idea of rights, and what individuals can legitimately expect of one another or of their
government.
-Some theorists also argue true justice requires not only equality in a society's systems and processes, but also in
people's abilities or their well-being.
- Liberty: having freedom and autonomy.
Positive liberty: individuals having the autonomy to carry out their own rational will
Negative liberty: individuals having the freedom from external coercion
- Some scholars say that one form of liberty cannot exist without the other.
It is also questioned whether our usual idea of freedom, which focuses on individual liberty, is good enough
when we live in a world where some people's freedom might come at the cost of limiting others' freedom.
- Example: if one group's prosperity relies on keeping another group oppressed, it makes us question
whether everyone truly has freedom and autonomy.
Hence debates on equality inform our understanding of liberty as well.
- Equality
Egalitarian theories are based on the concept of equality that all people, or groups of people, are seen as having
the same essential value.
‘Linked to justice and fairness, as egalitarians argue that justice can only exist if there is equality.
Equality is also linked to liberty, as different people have differing possibilities to be free and autonomous.
The four features of human rights are that they are universal, interdependent, indivisible and inalienable. They
apply to everyone; all of them must be applied; they cannot be placed in a hierarchy and they cannot be
removed.
Universal
This means that HR are inherent to human beings and not dependent on other aspects of identity such as
nationality, location, age, gender, faith, colour, religion or language.
Interdependent
HR are said to be interdependent because successful protection of one human right helps with the protection of
others. Similarly, the denial of one human right will act as a barrier to the effective protection of other human
rights.
For example, a strong judicial system is likely to universally protect the right to a fair and effective hearing. This
then protects other rights, such as freedom from arbitrary detention and arrest.
If a government allows arbitrary detention. (For example in the case of terrorist suspects) the following rights
are at risk:
- Human right to freedom from arbitrary detention;
- Equality before the law
- Right to a fair and effective hearing.
Indivisible
- All HR are of equal importance and cannot be arranged into a hierarchy.
All human rights must be protected for all human beings. Governments are not permitted to pick and choose
some rights over others and may not decide that some rights do not apply to certain individuals or groups.
Inalienable
Near to indivisibility, HR are considered to be inalienable. This means that they cannot be taken away from (or
given away by) human beings, and all human beings are entitled to the full package of rights.
The Universal Declaration of Human Rights, adopted in 1948, represents a significant milestone in the history
of human rights. However, its drafting process and focus on Western perspectives have been subject to criticism
and debate
Human rights have evolved over time, shaped by historical events and societal changes. Different societies have
understood rights differently, and their practice has varied based on factors like economic systems and types of
governments in power. These changes have been influenced by protests, wars, and legislative reforms aimed at
addressing injustices and promoting respect for all individuals.
As societies evolved, so did the concept of human rights, expanding to include rights related to labor and
indigenous peoples. Today, discussions about human rights often begin with the Universal Declaration of
Human Rights and continue to evolve as they are debated and amended over time.
The term "human rights" gained prominence in the 1940s following World War II and the establishment of the
Universal Declaration of Human Rights by the United Nations. Before this period, the concept was not widely
used, and there were no major social movements centered around human rights. Despite the assumption of a
long historical lineage for human rights, their practice is contextual, varying with time and place.
Ancient civilizations such as Greece and Rome, as well as various religious beliefs, contain early examples of
ethical considerations regarding human rights. However, the modern conception of human rights is largely
influenced by Western philosophy and history, particularly the Enlightenment era.
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