National Intelligence Bureau Clone

Introduction & Definition

Human rights are commonly understood as "inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal (applicable everywhere) and egalitarian (the same for everyone). These rights may exist as natural rights or as legal rights, in both national and international law.

The doctrine of human rights has been a cornerstone of public policy around the world. As the UDHR states: "All human beings are born free and equal in dignity and rights."

Interdependent and Indivisible

All human rights are indivisible, whether they are civil and political rights (such as the right to life, equality before the law, and freedom of expression) or economic, social, and cultural rights (such as the rights to work, social security, and education). The improvement of one right facilitates advancement of the others. Likewise, the deprivation of one right adversely affects the others.

History of the Concept

The modern sense of human rights can be traced to Renaissance Europe and the Protestant Reformation. While ancient societies had systems of duties and conceptions of justice, they generally lacked the modern concept of universal human rights.

Key Historical Milestones:

Magna Carta (1215): A foundation for limited political and legal agreement.
Statute of Kalisz (1264): Gave privileges and protection to the Jewish minority in Poland.
English Bill of Rights (1683): Made illegal a range of oppressive governmental actions.
Revolutions (18th Century): The US Declaration of Independence (1776) and the French Declaration of the Rights of Man and of the Citizen (1789) established fundamental legal and civil rights.
Abolition of Slavery (19th Century): Reformers like William Wilberforce and movements in the US led to the abolition of slavery.
World Wars (20th Century): The atrocities of the World Wars were a driving force behind the creation of the United Nations and modern human rights instruments.

Philosophy & Criticism

The philosophy of human rights attempts to examine the underlying basis of the concept.

Natural Law: Rights stem from philosophical or religious grounds.
Social Contract: Individuals accept rules from legitimate authority in exchange for security (e.g., Rawls).
Interest Theory vs. Will Theory: Debates on whether rights protect essential interests or valid human freedom.

Criticisms: Philosophers like Bentham, Burke, and Marx have criticized the concept. Modern critics question the universality of human rights or argue that abstract rights demotivate specific values.

Classification of Rights

At an international level, rights are commonly split into:

Civil and Political Rights: Enshrined in Articles 3-21 of the UDHR. Often termed "negative" rights (requiring the state to refrain from action) or "cost-free".
Economic, Social, and Cultural Rights: Enshrined in Articles 22-28 of the UDHR. Often termed "positive" rights (requiring active provision by the state) or "resource-intensive".

Three Generations of Rights (Karel Vasak):

First-generation: Civil and political rights (liberty).
Second-generation: Economic, social, and cultural rights (equality).
Third-generation: Solidarity rights (fraternity), such as the right to peace and a clean environment.

International Protection & The UN System

The foundation of the United Nations provided a basis for a comprehensive system of international law.

Universal Declaration of Human Rights (UDHR)

Adopted in 1948, the UDHR is not a treaty but is considered the "international Magna Carta." It asserts that recognition of inherent dignity and equal rights is the foundation of freedom, justice, and peace.

Core International Treaties:

International Covenant on Civil and Political Rights (ICCPR) - 1966
International Covenant on Economic, Social and Cultural Rights (ICESCR) - 1966
Convention on the Elimination of All Forms of Racial Discrimination (CERD) - 1966
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) - 1979
Convention Against Torture (CAT) - 1984
Convention on the Rights of the Child (CRC) - 1989
Convention on the Rights of Persons with Disabilities (CRPD) - 2006

UN Political Bodies

Security Council: Responsible for maintaining peace; can authorize force and sanctions.
General Assembly: Initiates studies and makes recommendations on human rights issues.
Human Rights Council: Replaced the Commission on Human Rights. It investigates violations and reviews the records of all UN member states.

Treaty Bodies

Committees of independent experts that monitor compliance with core treaties:

Human Rights Committee: Monitors the ICCPR.
Committee on Economic, Social and Cultural Rights: Monitors the ICESCR.
Committee on the Elimination of Racial Discrimination: Monitors CERD.
Committee on the Elimination of Discrimination against Women: Monitors CEDAW.
Committee Against Torture: Monitors CAT.
Committee on the Rights of the Child: Monitors CRC.

Regional Human Rights Regimes

International regimes are often nested within regional agreements, such as:

African Charter on Human and Peoples' Rights
American Convention on Human Rights (The Americas)
European Convention on Human Rights: All 47 member states of the Council of Europe have signed this convention and are under the jurisdiction of the European Court of Human Rights in Strasbourg.

NATIONAL INTELLIGENCE BUREAU

Human Rights