HUMAN
RIGHTS
JUSTICE, LIBERTY,
EQUALITY
The term is already suggestive: these rights
are about limitations given to different
political authorities regarding what they
cannot do to a human being
Task: look at the UDHR and pick some of
NEGATIVE these negative rights!
RIGHTS (https://www.un.org/en/about-us/universal-
declaration-of-human-rights)
To make your task easy I will give you an
example: Article nr. 5.: “No one shall be
subjected to torture or to cruel, inhuman or
degrading treatment or punishment.”
Here’s where things get a bit more complicated; we more or
less know with clarity what we should not do to another
human being so that we will not harm their dignity and
existence (don’t humiliate, don’t kill, don’t mistreat, etc.); in
fact, many of the negative rights are already formulated as
some sort of prescriptive imperatives (“orders” that tell us
what not to do – see the Decalogue [Ten Commandments]
for instance)
What kind of things human beings should be able to do to
POSITIVE have their dignity and their human definition?
Some of the negative rights can be expressed as positive
RIGHTS rights (rather than what not to, the things that we actually
have to, or should, or ought to): no-one shall undergo
torture -> ppl should be able to live an unharmed life
As rights are always placed in the context of political power,
positive rights require positive action from political actoers
(states, governments) to make sure that they are
respected, therefore those rights can be respected and
exercised
States should provide the framework for positive rights
(right to education? they should provide an educational
system, right to a fair treatment before the law? they
should offer a non-corrupt judicial system, etc.)
THREE CORE VALUES:
JUSTICE, LIBERTY,
EQUALITY
HRs are built around three core
values: Justice, Liberty, and Equality
(these three values are then, of
course built on three other, yet very
similar values already moving people
during the French Revolution: Liberté,
égalité, fraternité
These values have changed and
shaped how politics can act when it
comes to the individuals that in the
context of a state system are seen as
citizens.
JUSTICE
This value brings about an issue that will be discussed later, namely
whether and how can HRs be enforced
Justice and the HRs linked to it are perhaps easier as the rights that are
represented here are foundational when it comes to a fair distribution of
justice done through a judicial system of a given state
How is justice served? Through something that we call the “rule of law” –
the idea goes back to Aristotle who thought that it is better that the law
rules than a person as in this case even the “guardians of the law” need
to respond to the law.
No one is above the law (that’s one point that
actually comes from the Magna Carta); rulers and
citizens are equally responsible in front of the law.
The right to a fair trial: power cannot bend the
concept of fairness where it is more advantegeous for
thos in power (issues with corruption in distributing
THE THREE fairness and justice) Find a famous case in recent
history when politicians tried to meddle with this
PRINCIPLES OF principle!
THE RULE OF All are subject to the same law: political power
LAW cannot abuse its priviliged position: nobody in power
can bend or change the law, or to bring new laws that
would exempt them from punishment.
Why these priniples are important? Governments are
the most dangerous violators of human rights.
Bring examples of known cases of HR violations by
governments!
UP FOR DISCUSSION:
UNIVERSAL OR
RELATIVE?
https://developmenteduc
ation.ie/blog/2014/02/de
bating-human-rights-uni
versal-or-relative-to-cult
ure/
https://www.corteidh.or.c
r/tablas/r26749.pdf
https://www.un.org/en/ch
ronicle/article/are-huma
n-rights-universal
LIBERTY
Refers to the freedom an individual has in a certain
social/political/etc. system
It can be reduced to “freedom from” and “freedom to”
When it comes to rights it can be translated to minimal
interference from the state and a maximum of
infrastructural support for developing and flourishing
The first array of HRs fall under the category of
“liberties” as they are mostly negative and regard civil
and political rights that cannot be interfered with by the
state.
We also call these the first generation of rights.
It means the right to be treated the same as any
EQUALITY 2ND other individual and to have the same access to
GENERATION resources/oportunities
Second generation of rights
They apply primarilly to communities than individuals; they
regard communities on different levels (local, national,
EQUALITY: 3RD international, global)
GENERATION Environment, peace, development -> collective human rights
Two documents at the core of it: 1972 Stockholm Declaration
on the Human Environment; Declaration at the 1992 UN
Earth Summit in Rio de Janeiro
Since they have been implemented to various levels in
political discourses and practices, Human Rights have
evolved as a dynamic system answering different challenges
that appeared with the events in the recent history of
humankind.
More and more elements appear in the foreground of the
GENERATIONS protection of human beings: women, children, disabled
OF HRS persons, etc.
(ANOTHER
PERSPECTIVE) Contemporary lifestyle is bringing about new issues too:
digital rights, for instance
On the following slides we will see one way to understand
three generations of human rights arranged along the lines of
the values and principles of the French Revolution
1ST GENERATION: LIBERTY
2ND GENERATION: EQUALITY
3RD GENERATION: FRATERNITY
