What Are Human Rights
What Are Human Rights
Human Rights are proclaimed on December 10, 1948, based on the premise that dignity is
the basis of all fundamental rights and freedoms. Thanks to its dissemination in the different
countries of the world have created legal mechanisms and tools to prevent,
cease or amend the damage caused by your violation.
The purpose of Human Rights is to defend human agents from oppression and the
abuse, but in most cases, the victims due to their ignorance of their rights and of the
protection agencies against those who commit against them. However, their
Respect in the everyday life of some countries is a serious challenge for the States and therefore for
the international entities responsible for ensuring them do not seek compensation for the damage
caused and they resign themselves to the aggressions.
As we all know, human rights seek to protect the dignity of the human being.
protect individuals regardless of their nationality, both against their own state and against
to other states, with the purpose of ensuring that human rights are respected in all
people of the earth.
Conceptualization:
For liberal or rationalist natural law, just like for Catholic thinkers: 'The
Human rights are those that a person has according to their nature and which
acquires by the mere fact of being born and having to live in society." Luigi Ferrajoli expresses that
Human Rights are: "All those subjective rights that universally correspond to
all human beings endowed with the status of persons, of citizens or persons with capacity
to act.
The set of inherent faculties of human beings that can be understood as the mechanism
that allows people to live together in peace and relate to others.
Since ancient times, there has been a search to curb the abuses of the strong against the weak; this is how they arise.
various ideas to combat oppression. In ancient Greece, there was never a moment when they reached
build a 'notion of human dignity in relation to the community that could be articulated in
form of rights, but it was understood that people belonged to society as parts
of everything and it was the ends of it that prevailed.
For the Greeks, the idea of Human Rights was thwarted by the practice of the state.
absolutist characterized by concentrating power in the monarch. In this type of state, the
subjects could not present their complaints or demands against the state.
In Rome, these rights are guaranteed only to Roman citizens who were the
that could be part of the government, election of officials, administration of justice, etc.
What marks the beginning of the declarations of the rights of the subjects against the monarchy,
showing greater concern for man and his rights. In this letter, the Rights
Humans are first documented in writing, but despite their recognition
The princes of the time never admitted that they constituted a limit to their sovereign power.
In the Middle Ages, kings were considered sovereigns by the grace of God and entrusted with
to guide the destiny of the people according to divine mandate. Whoever governed in his name did not
I needed human rights.
French Revolution
For many theorists, the expression Human Rights is of recent origin. Its formula of
French inspiration dates back to the last decades of the 18th century and ends with the Declaration
Universal Declaration of Human Rights of the United Nations of 1948. The first notion of
human rights are the result of bourgeois revolutions. It begins to take shape in England,
it develops deeply during the American War of Independence, until it takes
body with the French Revolution.
Likewise, after World War II, in 1945 the Organization of the Nations
The United Nations (UN) felt the need for everyone around the world, without any distinction, to all
Everyone should enjoy fundamental rights and freedoms. Taking into consideration that
dignity is the foundation of all rights and fundamental freedoms of every human being, the
Human Rights were proclaimed on December 10, 1948, in Paris, with the purpose of
they were respected in all the towns of the earth.
The declarations, agreements, international pacts place the human being as a subject.
fundamental of protection. In 1948, the 'American Declaration of the Rights and Duties' emerges.
of Man" and months later the "Universal Declaration of Human Rights of the
United Nations, in 1950 the "European Convention on Human Rights." These instruments
international efforts in the 1960s were consolidated within the United Nations in 1966 with the
approval of the General Assembly of the "International Covenant on Economic, Social and Cultural Rights"
Cultural rights; the "International Covenant on Civil and Political Rights" and the Optional Protocol that
came into effect in 1976. In the American scenario, that system becomes present with the
"American Convention on Human Rights" or San José Pact, of 1969, which comes into
validity in 1978. Since the creation of the United Nations, multiple have been proclaimed
international declarations on human rights committing states to
comply with the provisions of the treaties for the welfare of human beings both for
national as well as international.
General definition: (Luigi Ferrajoli) Finally, the aforementioned author points out that the topic of the
The foundation of human rights will be analyzed according to the type of conception one has.
about Law: 'natural law, rational law, positivist law, thus the conceptual category of
human rights can be considered derived from divinity, observable in nature,
affordable through reason, determined by historical contexts, a synthesis of ideas from
these or other ideological and philosophical positions or a mere nonexistent and invalid concept.
For Human Rights to have effective reach, the declaration it contains must be respected.
involves so that in this way there is and can be a systematic progress in the social sphere. It is important to note
to highlight that the Universal Declaration of Human Rights adopted by theOrganizationof
theUnited NationsIn 1948 it contains 30 articles in which the following appear:
The Right to Life
The Right to thefreedom, securityof the people
The Right to theEqualitybefore the law
The right to move freely and choose one's residence
The right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment
Freedom, justice, and peace in the world are based on the recognition of dignity.
intrinsic and the equal and inalienable rights of all members of the human family.
All human beings are born free and equal in dignity and rights, endowed as they are with
reason and conscience must behave fraternally with one another.
The realization of the free human being requires conditions that allow each person to enjoy their
civil, political, economic, social, and cultural rights.
The right of peoples to determine their own destiny and their economic, social and
cultural, it is a condition for enjoying fundamental rights and freedoms. They promote the
consolidation, within democratic institutions, of a regime of personal freedom and
social justice founded on the essential rights of man.
They are subjective rights, expectations that people form in relation to action or
omission of the States, companies, the power brokers, and the rest of the individuals regarding
certain primary goods constitutive of what is considered human dignity
They are those universal rights and, therefore, indispensable and inalienable, that result
directly attributed by legal norms to everyone as people, citizens or
capable of acting.
As moral rights When considering human rights as moral rights, not only do they
think of the isolated individual, but rather on the construction of shared principles and values
As positive rights, both Norberto Bobbio – from legal philosophy – and Luigi Ferrajoli –
from critical positivism - they assumed that with the issuance of the Universal Declaration of
Human rights could resolve the issue of the sustenance of human rights: they are
there and they are positive. As they have already entered the positive legal system, the
the issue is another (for example, how to make them efficient or effective), but the foundation
it is no longer a problem.
As historical rights This conception allows us to observe the process of the birth of the
rights, the groups that supported them, the objectives, the processes of change and exclusion in their
institutionalization, among other aspects, enriches the contexts of law creation
for a greater political and legal interpretation. Moreover, it remains open, and explicit,
possibility of reinterpretation of the law based on changes in context, as well as the emergence
of new rights
In English, there are two words to refer to law: right and law. In Spanish, we do not have those.
two options, for which two meanings have been created: objective law and subjective law.
The first refers to the legal norms that have the coercive backing of the State: the codes,
the laws, the constitutions, the regulations, etc.; the second is the expectations of action and
omission that one subject of law has in relation to another obligated subject. A couple of
annotations more on this last point. According to Luigi Ferrajoli, a subjective right is "every
positive legal expectation (of provision) or negative (of non-injury)";8 it is an expectation that
the way a person relates to the action or omission of another. This initial conception leads us to
two basic concepts of law: right and duty. Human rights are rights
subjective, are expectations formed in all people in relation to the action or omission of
the states, the companies, the power brokers, and the rest of the people regarding certain goods
constitutive primary elements of what is considered human dignity. (The idea of human dignity
is closely linked to the construction of the rights-bearing subject
The characteristics of ethical justification and special relevance lead to the need for them to be
recognized and guaranteed by the legal apparatus, otherwise they would only have moral force
coming from the moral normative order, but there would not be an effective guarantee of them.
(Alfonso Ruiz Miguel, “Human rights as moral rights”, in Yearbook of rights
humans, no. 6, Madrid, Complutense University of Madrid, 1990, pp. 149-160.
The German philosopher Immanuel Kant paid much attention to distinguishing the law from morality. According to
Kant, the main difference between both is that the law is heteronomous, while the
moral is autonomous
Grotius's thought is very important because for the first time he established
clearly that the origin of the laws must be found in human nature and in the
reason, more than in religious foundations. Grotius is a natural law philosopher,
because I believed that certain natural laws exist that human reason can know
The English philosopher John Locke also believed in the existence of natural laws. According to
Locke, all human beings have by nature a series of rights due to
the simple fact of being people. Among others, Locke mentioned the natural right of all
human beings to life, to liberty, and to property. Locke expressed this with these
The state of nature has a law that governs it and obliges everyone;
reason, what is that law, teaches all of humanity that wants to consult it that being
all men are equal and independent, none should harm another in what concerns
his life, health, freedom or possessions.
Locke's ideas were very influential and served as inspiration in the late 18th century in the
Independence of the United States and in the French Revolution.
The Declaration of Independence of the United States of 1776 states the following:
We hold these truths to be self-evident that all men are created equal and that they are
endowed by the Creator with certain inalienable rights, among which is the right
to life, to liberty, and the pursuit of happiness.
In France, after the victory of the Revolution in 1789, the National Assembly proclaimed the
Declaration of the Rights of Man and of the Citizen, which in its first article
It begins by stating: "Men are born and remain free and equal in terms of their
rights". This declaration clearly states that we all have certain rights.
natural simply by being human.
The incorporation of the rights of individuals in legal documents such as the Declaration
the French Revolution represented a significant advancement. When rights are enshrined in
a law, people can claim them and request that they be taken into account. That is why, in relation to
During the 19th and 20th centuries, many social and political movements fought to achieve that
these fundamental rights were recognized in the laws.
LEGAL POSITIVISM IS THE THEORY ACCORDING TO WHICH THE ONLY LAWS THAT
EXIST THEY ARE THE ONES WRITTEN IN A CODE AND ARE ENFORCED
BY THE AUTHORITY.
Over time, many of these rights were incorporated into the Constitutions and
the legal codes, which became positive rights. This means
to say that, since they are written in the laws, we can demand that they be recognized and respected.
In its preamble, we can read that the Universal Declaration is based on faith.
in the fundamental rights of man, in the dignity and worth of the person
human and in the equality of rights of men and women.
The philosopher Immanuel Kant defended the importance of rights by explaining the
difference between things and people. Things, according to Kant, have
a value relative to which we call price, but people have a value
absolute in themselves which we call dignity. That is why we must never treat
people only as a means to achieve our goals. Kant believed
that the dignity of individuals compels us to treat human beings as
fines in themselves.
The Universal Declaration has thirty articles, which we all must know in order to
that no one violates our rights. Here you have a summarized list of the rights
humans:
The first generation includes civil and political rights. These rights were the first.
when they were legally recognized at the end of the 18th century, during the Independence of the United States and
in the French Revolution. These are rights that aim to guarantee the freedom of the
people. Its main function is to limit the intervention of power in the private lives of
people, as well as ensuring the participation of everyone in public affairs. The rights
the most important civil rights are: the right to life, the right to ideological and religious freedom,
the right to free expression or the right to property. Some fundamental political rights
son: the right to vote, the right to strike, the right to freely associate to form a
political party or a union, etc.
The second generation encompasses economic, social, and cultural rights. These rights
They were gradually incorporated into the legislation at the end of the 19th century and during the 20th century.
They seek to promote real equality among people, offering everyone the same
opportunities for them to develop a dignified life. Its function is to promote the
State action to ensure access for all to adequate living conditions.
Some second generation rights are:
Economic rights
Social rights
To the food
To work (for a fair and equitable salary, to rest, to unionize, to the
strike
To social security
To health
To the housing
To education
Cultural rights
GENERATION
SEASON OF TYPE OF VALUE THAT FUNCTION
DE EXAMPLES
ACCEPTANCE OF RIGHTS DEFEND PRINCIPAL
RIGHTS
Civil Rights:
Limit the
Right to life, to
action of the
freedom, to the
power.
Civilians and
security, to the
Guarantee the
First 18th and 19th centuries FREEDOM property...
politicians participation
Political Rights:
policy of
Right to vote
the the association, to the
citizens.
strike...
Guarantee
some Right to health,
Economic,
conditions to education, to
Second 19th and 20th centuries Social and EQUALITY
of life work, to a
Cultural
worthy for decent housing...
everyone
Slavery is undoubtedly one of the most heinous violations of fundamental rights that
You can imagine. Enslaving someone is equivalent to turning them into property, into something that is
can sell and buy, mistreat and submit so that you do anything without receiving anything in return
Change. Slavery has existed since ancient times. The Greek philosopher Aristotle went so far as to say
that there were some people who were slaves by nature. However, slavery was
especially hard after the discovery of America. Europeans enslaved millions
of African people and transported them to America to make them work there. Today, after a
long struggle, slavery has been officially abolished worldwide. However, in the
Practically, slavery still really exists in some places. There are currently areas in the
that children are forced against their will to work as slaves, sometimes being coerced
to become soldiers.
Racial discrimination is another example of the violation of the most basic rights. The
Nazi racism caused millions of deaths during World War II.
The Nazis persecuted the Jews, the Roma, and many other people who
they were considered 'of inferior race'. But even after the war, when the Nazis
they had been defeated, there were countries that continued to be racist. In some places,
like South Africa or certain areas of the United States, a system was established
racial segregation that separated people by the color of their skin. A need arose for a
long struggle to achieve recognition of the true equality of all
people. But racism continues to exist in society, so it is necessary
to fight it by remembering that we are all equal regardless of skin color that
let's have.
Women have also been subject to discrimination for a long time. Throughout the
history have been excluded from education, important jobs, leadership positions and the
public positions. Even after proclaiming the importance of respecting rights
fundamentals, women continued to be treated as second-class citizens. In the
French Revolution, Olympe de Gouges protested because of the declaration she had proclaimed.
The Assembly referred to human rights. She drafted aDeclaration of the Rights of
the Womanand from the Citizen, but their initiative was ignored. For many years women did not
they had no right to vote or participate in politics. However, after a long struggle in defense
from equality, women achieved recognition of their rights. Currently still
there are macho attitudes that seek to subjugate women. That is why it is worth remembering that the
Men and women are equal, they have the same rights and should be treated the same.
way.
Legal arbitrariness is another very serious case of violation of fundamental rights. When
Someone is accused of a crime, their rights must also be respected. This has not always been the case.
Thus, for a long time the situation of the accused depended on the whim of the authorities,
that they could torture, imprison or condemn someone without having evidence. To prevent this from happening,
It is necessary to guarantee the accused the possibility of defending themselves in a fair trial with the due
guarantees. Unfortunately, there are still many countries in the world where these basic rights,
that today seem elementary to us, continue to be disrespected.
In democratic countries, where human rights are recognized by law, all the
people can demand that their rights be respected. In Spain, human rights
they are guaranteed in theConstitution, qit is our most important law. If for some reason
our rights are violated, we can report the situation to the courts. But when
the situation is very serious, we can also resort to the existing international courts:
The European Court of Human Rightsis based in Strasbourg (France). It is responsible for
to address the complaints of individuals whose fundamental rights have been violated in
any place in Europe. For the 47 countries that make up the Council of Europe, this court is the
highest legal authority in human rights.
The International Criminal Courtis located in The Hague (Netherlands). It focuses solely on
very serious crimes that constitute a terrible violation of human rights. This refers to the
crimes against humanity, including genocide, deportations,
torture, rapes, persecutions for political, ideological, racial, or religious reasons,
etc.
Rule of law
Only in a rule of law can there be belief in the full validity of a democracy with
absolute respect for human rights. The State of Guatemala is organized to protect the
the person and the family; its ultimate goal is the realization of the common good. Article 1, Constitution
Policy of the Republic of Guatemala.
Division of powers:
Guatemala is defined as a State that guarantees the respect for legality, democracy and
aspire to social well-being. 'Guatemala is a Free, independent State and sovereign, organized
to guarantee its inhabitants the enjoyment of their rights and freedoms. Its system of
The government is republican, democratic, and representative." Article 140 C.P.R.G.
Characteristics of the Rule of Law Independence and non-subordination among the powers del
State. Principle of legality of state administration. Effectiveness of management
justice. Responsibility of the State and its officials. The law as a reflection of will
popular and how a limit to the action of the State. Protection and promotion of rights
humans Equality before the law
THE UNIVERSAL SYSTEM
The UN and the universal human rights protection system The Universal System of
Protection of Human Rights was born within the UN, of which almost all are members.
all the States of the world. This system consists of a set of mechanisms aimed at
protect the rights of all people. The term "universal" comes from the Declaration
Universal Declaration of Human Rights and states that these rights belong to all people.
equally, without exclusions or discriminations of any kind.
The UN, a unique international organization in history, currently made up of 193 members,
she is the quintessential exponent of the strengths, challenges, and contradictions of the community
international being the intergovernmental forum with the greatest decision-making capacity and resources
of contemporary history
What was the League of Nations during World War I can be considered a
historical antecedent, but only with the UN does it appear, after World War II, a
international organization with a true universal vocation. The UN was created on October 24
in 1945, with the adoption of the United Nations Charter, ratified by 50 states and approved
during the United Nations Conference in the city of San Francisco (USA). This Charter
identifies as its main goal the UN to maintain peace through international cooperation and the
collective security, fostering friendly relations among nations and promoting
social progress, the improvement of living standards and respect for human rights
The UDHR recognizes 30 rights, both civil and political, as well as economic, social, and cultural.
It also recognizes the principle of non-discrimination in the enjoyment of the same, but not
does not establish any specific complaint mechanism in the event that a State does not comply with it
that she stipulates. The task of filling this gap has generated significant institutional development, as
part of which bodies have been created within the UN, such as the General Assembly,
General Secretariat and the Economic and Social Council (ECOSOC), responsible for the promotion and the
protection of human rights.
Composition of the UN According to the provisions of the Charter of the United Nations, the UN is
formed by six main organs:
The General Assembly: made up of the 193 member states of the UN, it is the main body
deliberative, policy-making, and representative of the United Nations. The Assembly
also plays an important role in the process of creating legal norms
international, as it discusses the proposals of international treaties that create
new obligations for the States.
The Security Council: the UN Charter designates it as its highest representative body
to the General Assembly, and as the body responsible for ensuring peace and security among the
nations to the Security Council. It is made up of 15 member states: 5 permanent ones,
agreement with what is established in the Charter 6 and 10 elected every two years with a criterion of equity in the
regional representation. The presidency rotates monthly in alphabetical order and each member
each decision requires a vote. Decisions are made by majority, requiring at least nine votes.
favor for your approval. However, permanent members have the right to veto, for
It is enough for one of them to vote against for the resolutions not to be approved.
The Fiduciary Board of Trustees: created as the supervising body of the Regime
International Tax Administration, a regime that sought to achieve self-determination or
independence of the territories that were not yet autonomous at the time of the creation of the UN
through the establishment of a self-governing body or the union with independent countries. This body,
according to the UN Charter, it was made up of the 5 permanent members of the
Security Council. Currently, the CAF is inactive as all territories are
The trust has achieved that goal, but it can meet if deemed necessary.
The International Court of Justice: it is the main judicial body of the UN. It has two functions.
main: contentious and advisory. In its contentious function, the ICJ seeks to resolve disputes.
for legal controversies between the States parties or for any of the matters provided in the
United Nations Charter or in current treaties and conventions. In its advisory function,
opines on legal issues raised by the General Assembly, the Security Council or
other UN organs, with the permission of the General Assembly, provided that such matters
correspond to the scope of their activities.
The Economic and Social Council (ECOSOC): is the body that coordinates economic and social work
of the UN and the specialized institutions and bodies that make it up. It can start studies
and reports on international issues of an economic, social, cultural, educational or
healthcare or other related topics and direct recommendations regarding this to the Assembly
General, to the members of the UN and its other bodies in order to promote respect for the
human rights and fundamental freedoms and the practical compliance with these
principles. It is composed of 54 members elected by the General Assembly, each of whom
who have the right to a vote. They are appointed based on criteria of equity in representation
geographical.
The Secretariat: it is the administrative body of the UN. Among its functions is to assist the
main UN bodies managing the programs and policies they develop. Thus,
administers peacekeeping operations, is a mediator in disputes
international, examines trends and economic and social issues and prepares studies on
human rights and sustainable development, among other things.