Human Rights
UDHR
Universal Declaration of Human Rights An international agreement created by the United Nations in 1948, it outlines basic accepted human rights. It is made up of two separate sections: The International Covenant on Civil and Political Rights (ICCPR) + International Covenant on Economic, Social and Cultural Rights (ICESCR). The Universal Declaration is not a treaty; therefore it does not create legal obligations for countries. However, countries may sign agreements to ICCPR & ICESCR which are legally binding to countries that ratify them.
Human Rights
Customs, practices and law that have been developed to protect individuals, groups, races & minorities from oppressive government. They are an 'inherent part of the human experience' and are formed on the principle that all humans are equal. These rights belong to all people simply because they are human.
Why are human rights important?
Prevents chaos-human rights are the basis of all law Provides assurance of basic needs Prevents oppressive governments Ensure equality Regulates behaviors of individuals in society Uphold social expectation
Toonen v. Australia (1994)
Toonen complained to the Human Rights Committee that Tasmanian laws criminalizing sex between adult males was in breach of his right to privacy, under Article 17 of the ICCPR. As a result of this complain, he had lost his job as the general manager of the AIDS Council, as the Tasmanian govt threatened to withdraw the council's funding unless Toonen was fired. In 1994, the Committee agreed that Tasmanian Law was in breach of the treaty. In response of Tasmania's refusal to change the law, the government then passed the Human Rights (Sexual Conduct) Act in 1994 to override Tasmania's laws.
Features of Human Rights
Universal Inherent Inalienable Indivisible
Treaty
A formally concluded and ratified agreement between the States (Countries), the term refers to instruments binding at international law. Requires that a treaty must be 1) A binding instrument. 2)Signed, ratified and practice by the states and 3) Governed by international law.
Types of Human Rights:
Civil: Political and legal freedoms needed to protect individuals from oppressive government; these are everyday rights or personal rights that individuals can exercise. E.g. Freedom of speech and right to a fair trial. Political: Rights that also protect individuals from oppressive government power, but political rights are generally rights that give individuals the ability to participate in the political process E.g. right to run as a candidate and freedom of association. Economic: A person's right to work and earn income Social: An individual's right to education, health care, etc. Cultural: Freedom of religion and to exercise cultural traditions.
The International Bill of Human Rights
Consists of the Universal Declaration of Human Rights, ICESCR, ICCPR and its two Optional Protocols. In 1966 the General Assembly adopted the two detailed Covenants, which complete the International Bill of Human Rights; and in 1976, after the Covenants had been ratified by a sufficient number of individual nations, the Bill took on the force of international law.
Generations of Human Rights
First Generation: Negative, Freedom from. #2-21 of UDHR Second Generation: Positive, Freedom to. #22-27 of UDHR Third Generation/Cultural rights: Self determination to participate with second generation rights.
Individual & Collective Rights
Individual Rights: Rights that each individual has the ability to exercise, e.g. the right to life. Individuals can also choose when and where to exercise some rights e.g. freedom of speech. Collective Rights: Rights that belong to a specific group in order to protect them e.g. 'Rights of the Child' group rights of children, including protection from child abuse.
