HUMAN RIGHTS:

1. Rights Definition:
Rights are privileges or entitlements granted to individuals, either by law (legal rights),
morality (moral rights), or by virtue of being human (natural rights). Rights provide the
foundation for freedom, equality, and dignity.
Types of Rights:
1. Legal Rights: These are rights established by the law of a country (e.g., Right to
vote in national elections).
2. Moral Rights: Based on ethical principles (e.g., Right to be treated with respect).
3. Natural Rights: Inherent to all human beings, such as the right to life and liberty.
Examples:
International: The right to free speech in the U.S. Constitution.
National (Pakistan): Article 25A – Right to free and compulsory education for children.

Human rights:
are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity,
language, religion, or any other status. Human rights include the right to life and liberty,
freedom from slavery and torture, freedom of opinion and expression, the right to work
and education, and many more.

International human rights:

International human rights are the fundamental rights and freedoms inherent to all
people, regardless of nationality, ethnicity, religion, or any other status, established
through international law and treaties, and are the responsibility of states to respect,
protect, and fulfill.
 Universal and Inherent:
Human rights are considered universal, meaning they apply to everyone, everywhere,
and inherent, meaning they belong to individuals simply by virtue of being human, not
granted by any state.
 International Law:
International human rights law is a body of international law that promotes and
protects human rights at the international and domestic levels.
 Obligations of States:
 International human rights law lays down obligations that states are bound to respect,
protect, and fulfill.
a. Respect: States must refrain from interfering with or curtailing the enjoyment of human
rights.
b. Protection: States must protect individuals and groups against human rights abuses.
c. Fulfillment: States must take positive action to facilitate the enjoyment of basic human
rights.

4. Key Documents:

a. Universal Declaration of Human Rights (UDHR): Adopted by the UN General Assembly

in 1948, it sets out fundamental human rights to be universally protected. Not binding but
foundational.
b. International Covenant for Civil and Political Rights (ICCPR): Focuses on civil and
political rights. Legally binding.
c. International Covenant for Economic, Social and Cultural Rights (ICESCR): Focuses
on economic, social, and cultural rights. Legally binding.

5. Examples of Human Rights:

a. Right to life.
b. Freedom from slavery and torture.
c. Freedom of opinion and expression.
d. Right to work and education.
e. Right to food, health, and liberty.

6. Enforcement:
Enforcement of international human rights law can occur at either a domestic or an
international level.

International Institutions:

UN Human Rights Council (UNHRC)

Office of the High Commissioner for Human Rights (OHCHR)
International Criminal Court (ICC)
International Court of Justice (ICJ)
Examples:

UN sanctions on countries for human rights violations.

Pakistan’s ratification of ICCPR (International Covenant on Civil and Political Rights) in 2010

Enforcement by UN:
Introduction

The United Nations plays a central role in promoting and enforcing human rights across
the world. To ensure accountability and compliance, it has developed a variety of
mechanisms that monitor, investigate, and respond to human rights violations. These
include intergovernmental bodies, expert committees, international courts, and other
specialized tools. Each mechanism serves a unique function in safeguarding human
dignity and addressing abuses.

1. UN Human Rights Council (UNHRC)

• Role: Intergovernmental body responsible for promoting and protecting human

rights globally.
• Mechanisms:
o Universal Periodic Review (UPR): Reviews human rights records of all UN
member states every 4.5 years.
o Special Procedures: Independent experts investigate and report on specific
human rights issues or countries.
o Resolutions & Dialogues: Can issue non-binding resolutions and hold debates on
urgent situations.
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2. Treaty Monitoring Bodies

• Role:
Committees of independent experts overseeing the implementation of specific UN
human rights treaties.
• Key Bodies:

1. Human Rights Committee (CCPR) – oversees the ICCPR.

2. CEDAW Committee – monitors the Convention on the Elimination of
Discrimination Against Women.
3. CRC Committee – monitors the Convention on the Rights of the Child.
• Functions:

1. Review State Reports.

2. Issue Concluding Observations.
3. Hear Individual Complaints (optional, where the state has accepted this
procedure).
4. Adopt General Comments – interpret treaty provisions.
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3. International Courts and Tribunals

• International Court of Justice (ICJ):

 o Settles disputes between states; can give advisory opinions on human rights
issues.
• International Criminal Court (ICC):
o Prosecutes individuals for genocide, war crimes, and crimes against humanity.
• Ad hoc tribunals (e.g., ICTY, ICTR):
o Focused on specific conflicts (e.g., former Yugoslavia, Rwanda).
• Regional Courts (not UN but relevant):
o European Court of Human Rights, Inter-American Court, African Court.
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4. Other Tools and Mechanisms

• OHCHR (Office of the High Commissioner for Human Rights):

o Main UN body for human rights promotion and technical assistance.
• Special Rapporteurs & Independent Experts:
o Conduct country visits, issue reports, and raise awareness.
• Fact-Finding Missions & Commissions of Inquiry:
o Investigate serious violations (e.g., in Syria, Myanmar).
• Sanctions & Public Pressure:
o While not always legal enforcement, naming and shaming, sanctions, or
diplomatic pressure can influence states.

Conclusion

Although enforcement of human rights under the UN can be limited by political and legal
constraints, the combination of monitoring, reporting, legal action, and international
pressure forms a multi-layered system. Together, these mechanisms aim to uphold
human rights standards, assist victims, and hold violators accountable—reinforcing the
global commitment to justice and human dignity.

Features/Elements:
 Universal: Human rights apply to everyone, regardless of their nationality, race,
religion, gender, or any other status.
 Inalienable: These rights cannot be taken away or surrendered.
 Indivisible and Interdependent: All human rights are interconnected and equally
important, meaning that one cannot be sacrificed for the sake of another.
 Equality and Non-Discrimination: Everyone is entitled to the same rights and
freedoms, without discrimination based on any grounds.
 Dignity: Human rights are based on the inherent dignity of every human being.
 Examples:

Universal: Right to be free from torture.

National: Article 25 of Pakistan’s Constitution – Equality of citizens.

Capitalist view (universal):

From a capitalist perspective, the universality of human rights means that all individuals,
regardless of their background or circumstances, are entitled to the same fundamental
rights, including the right to life, liberty, and property, which are seen as essential for a
free and prosperous society.
1. Inherent and Inalienable:
Human rights are not granted by any state or institution; they are inherent to all human
beings simply by virtue of their existence.
2. Universal Scope:
These rights apply equally to everyone, regardless of their race, sex, nationality,
ethnicity, religion, or any other status.
3. Foundation for Capitalism:
Capitalist thought emphasizes individual freedom and autonomy, which are
considered essential for economic growth and social progress.
4. Property Rights:
Capitalist systems recognize the importance of property rights, as individuals need the
ability to own and control resources to invest, innovate, and create wealth.
5. Freedom of Contract:
Individuals should have the freedom to enter into contracts and agreements without
undue interference, allowing for voluntary exchange and economic activity.
6. Protection of Rights:
The state has a responsibility to protect these rights and ensure that individuals can
exercise them without fear of coercion or oppression.
Examples of Human Rights:
 Right to life, liberty, and security of person
 Freedom of thought, conscience, and religion
 Freedom of expression and association
 Right to a fair trial and due process of law
 Right to own property
 Right to work and fair wages
Socialist view (relative):

According to socialism, human rights are often viewed as relative rather than absolute,
meaning they depend on the social, economic, and historical conditions of a society.
This perspective contrasts with the liberal or capitalist view, which sees human rights as
natural and inalienable. Here’s how socialism justifies this relativity:

1. Economic and Social Context Determines Rights

Socialist thought argues that rights are shaped by the economic system. In a capitalist
society, rights like private property and free markets are prioritized, but in a socialist
society, economic equality and collective well-being take precedence. For example:

 Right to property: In socialism, private ownership of major industries is not seen

as a fundamental right because it leads to economic inequality.
 Right to work and welfare: Socialism emphasizes economic rights, such as the
right to employment, healthcare, and education, which are not always
guaranteed in capitalist systems.

2. Rights Are Tied to Class Struggle

Socialists argue that human rights must be understood in the context of class
relations. In a capitalist system, rights may serve the interests of the wealthy, whereas
in socialism, rights are redefined to serve the working class. For example:

 A worker's right to unionize and strike may be restricted under capitalism but
promoted under socialism.
 The right to free speech may be limited in cases where it is used to spread
capitalist or counter-revolutionary ideas.

3. Historical Materialism and Changing Rights

Marxist socialism applies historical materialism, meaning that human rights evolve
based on historical and economic conditions. What is considered a “right” today might
not be seen as one in a different economic system. For example:

 In feudal times, the divine right of kings was accepted, but democracy is now
considered a fundamental right.
 Under capitalism, profit-driven businesses are legal, but under socialism,
economic exploitation is considered a violation of rights.

4. Collective vs. Individual Rights

Socialism prioritizes collective rights over individual rights. While capitalist societies
emphasize individual freedoms like free speech and private property, socialist systems
focus on ensuring:
  Economic security for all
 Equal access to resources
 Social justice over personal wealth accumulation

Conclusion

From a socialist perspective, human rights are not fixed but depend on the economic
structure and social needs of a society. Rather than seeing rights as absolute,
socialism argues that they must be redefined to promote equality, economic justice, and
collective well-being.

Generations of Human Rights:

Human rights are divided into three generations: civil and political rights, economic
and social rights, and solidarity rights.

1. First Generation: Civil and Political Rights (Liberty)

These rights focus on freedom and protect individuals from government interference.
They developed during the 17th and 18th centuries in events like the English,
American, and French Revolutions. They are often called negative rights because
they require others, especially the government, not to interfere.

Examples:

 Right to life
 Right to liberty
 Right to property
 Freedom of speech, religion, and movement
 Protection from discrimination and arbitrary arrest

Key Documents:

 Articles 3-21 of the Universal Declaration of Human Rights (UDHR)

 International Covenant on Civil and Political Rights (ICCPR) (1966)

2. Second Generation: Economic, Social, and Cultural Rights (Equality)

These rights became important after World War II, as countries worked to rebuild their
economies and improve people's lives. They are based on socialist ideas and require
the government to take action to help citizens. These are known as positive rights
because they demand state support.

Examples:
  Right to work
 Right to education
 Right to healthcare
 Right to social security

Key Documents:

 Articles 22-27 of the Universal Declaration of Human Rights (UDHR)

 International Covenant on Economic, Social and Cultural Rights (ICESCR)
(1966)

3. Third Generation: Solidarity Rights (Fraternity)

These rights focus on the welfare of society as a whole, not just individuals. They
emerged after 1945 and are especially important for developing countries.

Examples:

 Right to development
 Right to a clean environment
 Right to self-determination
 Right to peace

Key Documents:

 Stockholm Conference on the Human Environment (1972)

 Earth Summit in Rio (1992)

Each generation of rights builds on the previous one, ensuring freedom, equality, and
well-being for all.

4. Fourth generation ( derogable and non derogable)

Derogable Rights:
 Definition:
These are human rights that can be temporarily restricted or suspended in specific
circumstances, such as a public emergency or national crisis, but only under strict
conditions and for a limited period.
 Conditions for Derogation:
 Derogations must be provided for by law.
 They must be necessary to protect the rights and freedoms of others, or to address a
genuine threat to public safety.
 They must be proportionate to the threat.
 They must be temporary and not indefinite.
Examples:
 Freedom of movement (can be restricted in certain circumstances, like detention).
 Freedom of expression (can be restricted to prevent incitement to violence or hatred).
 Right to privacy (can be restricted for legitimate purposes, like law enforcement).

Non-Derogable Rights:
 Definition:
These are fundamental human rights that cannot be suspended or restricted, even in
times of public emergency or war. They are considered absolute and universally
applicable.
 Examples:
 Freedom from torture or cruel, inhuman, or degrading treatment or punishment.
 Freedom from slavery and servitude.
 The right to life (though with specific limitations, like self-defense).
 Freedom from arbitrary arrest or detention.

Sources of Human Rights Law

1. International Treaties and Conventions:

These are formal agreements between states.
Examples:
1. Universal Declaration of Human Rights (UDHR)
2. 1948 International Covenant on Civil and Political Rights (ICCPR)
3. International Covenant on Economic, Social and Cultural Rights (ICESCR)
4. Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW)
2. Customary International Law:
Practices that are accepted as legal obligations by the international community.
Example: Prohibition of torture, genocide, and slavery.
3. General Principles of Law:
Principles common to major legal systems of the world.
Example: Right to a fair trial, equality before the law.

4. Judicial Decisions
1. Decisions from international courts like:
2. International Court of Justice (ICJ)
3. European Court of Human Rights (ECHR)
4. Inter-American Court of Human Rights

5. Soft Law
Non-binding agreements or declarations.
Example: UDHR (not legally binding but widely respected), UN resolutions.

Principles of Human Rights Law

1. Universality
Human rights apply to all people, everywhere, without exception.
2. Inalienability
Human rights cannot be taken away, except in specific situations (e.g., lawful
imprisonment).
3. Indivisibility and Interdependence
Civil, political, economic, social, and cultural rights are equally important and
interconnected.
4. Equality and Non-Discrimination
Everyone is entitled to rights without discrimination based on race, sex, language,
religion, etc.
5. Participation and Inclusion
Everyone has the right to participate in decisions affecting their lives.
6. Accountability and Rule of Law
Governments and others must be held accountable for upholding human rights.