Basic Human Rights
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Basic Human Rights

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Basic human right is a concept that can be related to every race, religion, belief, culture and country. Basic human right is aspiration of every individual to achieve happiness in their live.

Basic human right is a concept that can be related to every race, religion, belief, culture and country. Basic human right is aspiration of every individual to achieve happiness in their live.

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Basic Human Rights Presentation Transcript

  • 1. Basic Human Rights
  • 2.
    • Introduction
    • Definition of rights
    • Classification of rights
    • Development of basic Human rights
    • Development of HR: Universality of Human rights
    • Development of HR: Three Generations of HR
    • Basic rights and Democracy
  • 3. Introduction
    • Basic human right is a concept that can be related to every race, religion, belief, culture and country.
    • Basic human right is aspiration of every individual to achieve happiness in their live.
    • The development of basic human rights shows the need to for:
    • ● safety in life
    • ● better self-protection
  • 4. Introduction
    • What is right?
    • Without that rights, individuals are controlled by their master.
    • It is more than demands, it is a value a person needs in order to protect himself so that he can keep his life and improve it as well as develop his personality (Hakim Stayton).
    • ● Rights imply obligation of another individual and community not to inhibit actions of individuals and even need to help them.
    • A person’s right to do something indicates that there are another person’s as well as society’s responsibilities to support what is being done by each of them.
  • 5. Introduction
    • Examples:
    • If one has a right to live, this means that others do not have the liberty to murder him.
    • If one has a right within a society to a free education, this means that other members of that society have an obligation to pay taxes in order to pay the costs of that educational right.
  • 6. The definition of right.
    • Donelly (1985) highlighted two (2) concepts of right:
      • politics and moral significations
      • a right is seen as a moral truth that “its is not a good thing to do”
      • a right is also seen as appropriateness as in the demand ‘I have the rights to ..
    • Milne (1986) classified rights into three (3) categories:
      • Law in society
      • Custom – woman rights on property in Negeri Sembilan
      • Moral- obligation to individual and community
  • 7. The definition of right.
    • The definition of right (A.C Kapur):
    • Rights come from society and within society
    • Every right has certain responsibility. Your rights is my obligation/duty.
    • A right is not a claim. It is embedded socially.
    • A right must be in line with public interest.
    • A country does not build up rights -> it only preserves and coordinates rights which are socially used.
    • A right must be clear and precise, especially in defining it.
    • A right tends to develop.
  • 8. The definition of right.
    • The definition of right (in Islam)
    • The Arabic word, “hak” or “haqq” means:
    • ● “ real fact” or “truth”
    • ● in terms of shariah (hukm): “truth” or anything which is related to facts.
    • Ahmad Jalal Hammad on the other hand saw “right” (hak), “strength”, and “claim” as of other definitions that are more prominent than “haqq”.
    • Mohd Imarah: human rights in Islam are not only propagated but must be implemented and protected in individual, society and government levels. It is a sin to violate them.
  • 9. The definition of right.
    • Haqq used in Quranic language has the same meaning with “obligation”.
    • Al-Darini summarized the definition of “haqq” as:
    • ● a specific reward or the enforcement of control over something or a claim to other party which allowed by the shariah whose objective is to get certain interest.
    • ● the most important thing is that it must guarantee the interest and welfare of Muslims collectively.
  • 10. The classification of right.
    • Generally, there are two (2) classifications of rights:
    • Positive rights and negative rights
    • Individual rights and collective rights (which one first individual or collective)
  • 11. The classification of right.
    • Positive rights:
    • ● rights which are guaranteed by a country (government)
    • ● expectations about what one can do or receive or how one will be treated.
    • ● rights for welfare matters such as education, economy, employment, and social safety.
    • ● they need the interference of the government or state.
  • 12. The classification of right.
    • Negative rights:
    • ● Two (2) central beliefs:
    • 1. People can have a right to something they do not actively claim or for which the state would not back them up.
    • 2. Those rights are derived from some sources other than the power of enforcement.
    • Freedoms to voice up opinions, to own properties, to live, to join organizations, and freedom to practice certain religion.
    • These freedoms are absolute rights of every individual.
  • 13. The classification of right.
    • Individual rights:
    • Western human rights stress on individualisms during revival era/enlightenment and religious war 17 th century.
    • Locke explained:
    • ● an individual has inseparable rights as a human being and
    • ● the government should respect those rights
    • Locke: Natural rights for life, freedom/independence and wealth
    • Individualists’ tradition has become the inspiration for the formation of civil rights and political rights for the formation of civil and political rights: freedom of religion, expression, to vote.
  • 14. The classification of right.
    • Natural rights got criticism because it denies the importance of society; human social responsibility.
    • In 19-20 th century, the strongest criticism to natural laws theories came from legal positivism doctrine; the source of laws is positive and living laws, although they are against human rights principles. According to legal positivism, rights only exist with enactment and enforcement.
    • During the 19 th century, civil freedom developed and it was related to the rights to involve in politics such as:
    • ● the right to vote
    • ● the right to vote indicates that an individual should be given the right to participate in the state’s decision-making processes.
  • 15. The classification of right.
    • Collective rights:
    • Marxism or socialism prioritized the roles of the state towards contributing any form of public interest to people.
    • Third-world countries are said to have upheld basic human rights collectively because:
    • ● cultures, customs, and religions are tied down to society.
    • ● this allows matters related to society or collectivity to be stressed on.
    • ● compared to individual rights separately.
  • 16. The classification of right.
    • In the tradition of Islam, Buddhism, Hinduism, and Confucius, an individual is seen as tied down to his society.
    • Societies in Asia stress on Asian values:
    • ● They regard community and family as the most important instruments in a country.
    • ● The authorities or leaders are respected.
  • 17. The classification of right.
    • Individual and collective rights are essential for whole people’s benefits and therefore both rights should be balanced.
    • United Nations (UN) has acknowledged these two rights to diversify the characteristics and positions of human rights.
  • 18. Development of Basic human rights
    • The concept of basic human rights- an evolutional process or gradual process.
    • The existence of thoughts about human rights.
    • ● Paine: since the existence of human beings
    • ● Other scholars: since Greek and Rome ages which were brought by those of Greek Stoicism who stressed on natural law concept.
    • ● Religion: Islam-> The Qur’an has defined it since the 17 th century
    • ● Donelly (1989) and western philosophers -> There are no human rights in religions but they are regarded as duties entitled to the ruler and every individual.
    • ■ A religion plays the role to strengthen human rights
  • 19. Development of HR: natural rights
    • John Locke
    • ● The first person to develop natural theory ( natural law)
    • ● This theory is seen as the source of doctrine on human rights:
    • -> every human being has natural right to live freely and to own properties.
    • Thomas Jefferson
    • ● rejected the right to own properties
    • ● focused on happiness
  • 20. Development of HR: Natural rights of Locke and Hobbes
    • Two (2) philosophies:
    • Locke’s philosophies:
    • ● Human rights are so effective.
    • ● Every member of the society respects those rights.
    • ● Example: France Revolution
    • 2. Hobbesian philosophies:
    • ● Individual rights gain less respects
    • ● They depend on the needs of individuals themselves
    • ● They encourage monarchy system and statism
  • 21. Development of HR: social contract
    • Civil society has come up with a form of social contract between individuals and the state.
    • A state can only be given the right to enforce the natural rights, not the state’s rights.
    • The failure of the country to preserve the rights opens the door for people to start up revolution.
    • ■ (Weston 1984: 258)
    • Social contract-> two parties are supposed to complement each other with what was agreed upon and thus they need to respect it.
    • Locke had introduced individualistic theories to challenge absolute power of the kings and the sovereignty of the Parliament.
  • 22. Development of HR: individualism
    • The individualism right concept has much influenced many events and philosophies.
    • France Revolution: focused on three (3) things related to natural rights which are:
    • 1. Liberty
    • 2. Equality
    • 3. Fraternity
    • American Revolution: every human being is created with equal gift from the Creator along with undeniable rights such as the rights to live, to have freedom and to be happy.
  • 23. Development of HR: liberalism vs collectivism
    • The clash between individualism doctrine (liberalism) and collectivism (socialism).
    • Marx- individual rights are abstract (regarding bourgeois rights)
    • ● Capitalist system consists of two (2) classes:
    • 1. employer class: bourgeois
    • 2. employee class: proletariat
    • ● An individual will know his rights when the objectives of communism are met.
    • ● Through revolution, the proletariats defeated the bourgeoisies.
    • ● In the end, socialism was formed.
  • 24. Development of HR: Universal HR
    • The influences of individualism and socialism.
    • ● Early efforts to form universal basic human rights.
    • ● For example, by forming the organization of United Nations (UN).
    • ● Universal Declaration of Basic Human Rights was made in 1948
    • ■ as a minimal standard that should be obtained by every international society formed in 1948.
  • 25. Socialism and Universal HR
    • The Soviet Union which promotes socialism does not acknowledge the universal declaration because it does not agree on it:
    • 1. The guarantee of basic freedom for every human being is linked to the sovereignty of a certain state.
    • 2. The guarantee of basic human rights will be practiced in the fields of economy, social and national atmosphere which usually can be found in every country.
    • 3. A definition to represent the citizens’ duties to the country, people and government.
  • 26. Universal human rights.
    • The rights that are mentioned in the Universal Declaration of Basic Human Rights cannot be accepted.
    • The rights that upheld by a large number of developing countries or third-word countries such as the rights to be free to practice certain religion, individual freedom and so on.
    • Most countries in Asia and Africa do not acknowledge universal standard of basic human rights in the Universal Declaration of Basic Human Rights.
    • They show that there is a clash between universalism and relativism.
    • ● Basic Human Rights are not yet universal.
  • 27. The generation of basic human rights.
    • There are three (3) generations of basic human rights:
    • 1. First generation (liberte - liberty)
    • 2. Second generation (egalite – equality)
    • 3. Third generation (fraternite – solidarity)
  • 28. The generation of basic human rights.
    • First generation (Generation of civil and political rights)
    • ● Focuses on civil and political rights
    • ● During the 17 th and 18 th centuries that were related to English Revolution, American Revolution and France Revolution.
    • ● Resulted from:
    • -> the thoughts of political individualism and liberalism
    • -> economic and social doctrines, laissez faire
    • ● Negative basic human rights (the freedom to do something)
    • ● Stresses on non-interference efforts by the government
  • 29. The generation of basic rights.
    • Liberal Democratic Approach- nine (9) things have been highlighted:
    • The power is left in the hands of chosen officers.
    • The restriction of executive power by the constitution.
    • Cultures, ethnicity, religion and minority groups are not prevented from voicing up their importance in political processes and from using their cultures and languages.
  • 30. The generation of basic rights.
    • 5. Across parties and inter-relations in elections.
    • 6. The freedom to involve in societies and pluralism, the existence of alternative information sources.
    • 7. Individuals have freedom to believe, to express their views, to present their discussions, to give speeches, to produce/publish, to gather, to demonstrate and to make petition.
    • 8. People with respect to politics are treated equally in terms of law.
    • 9. The implementation of law to protect people.
  • 31. The generation of basic rights.
    • Second generation (economic, social and cultural rights)
    • ● began during early 19 th century through socialistic tradition.
    • ● they were more related to economic, social and cultural rights.
    • ● came out of dissatisfactions over the development of capitalism which was based on individual freedom concept that this concept allows exploitation on working-class people and colonized society.
    • ● they were more towards positive rights.
  • 32. The generation of basic rights.
    • It is based on Universal Declaration of Basic Human Rights, article 22-27 which include:
    • ● the rights for social safety, the rights to work and the rights for the guarantee from being unemployed.
    • ● the rights to rest and take a break including remunerative vacation, good health, the peace in oneself and his family.
    • ● the rights for education, and
    • ● the rights to get protection from being scientific, literature and artistic products.
    • It needs the roles of the government because there are claims of different of material needs.
    • ● this leads to the focus on equality concept.
  • 33. The generation of basic rights.
    • Third generation (solidarity)
    • Consists of four (4) rights which are:
    • 1. right for development
    • 2. right for healthy environment and balanced ecology
    • 3. right for peace, and
    • 4. right for inheritance
    • Vasak explained:
    • ● this generation can be considered new, meaning it might be questioned to the state.
    • ● but it can only be realized through collective actions by all the members in the society, either individuals, their state, the government, private sector or international society at large.
  • 34. The generation of basic rights.
    • According to Weston, there are six (6) forms of basic human rights of the third generation (article 28 in the Universal Declaration of Basic Human Rights).
    • ● it requires every person to follow social values (tata) in order for the mentioned rights in the declaration can be executed.
    • ● three (3) of the rights affected the nationalism resurrection of the third-world countries and revolution. Right to determine eco-pol-soc-culture; scientific; heritage
    • ● the rest of three (3) rights are the rights for peace, healthy environment and balanced ecology as well as right for humane aid.
    • ● all six (6) rights are collective rights, NOT individual rights.
  • 35. Basic freedom and democracy
    • Basic freedom is a kind of right that every citizen or person under a democratic rule should have.
    • Democracy is a system that gives chances to people to involve themselves in decision making and policy making.
  • 36. Basic freedom.
    • Robert A. Dahl explained:
    • ● democracy does not merely depend on one form of competition and political involvement.
    • ● anyway, democracy also includes basic freedom up to certain level.
    • ● freedom to voice up opinions, to express views, for press, and so on.
    • ● this allows people to form or to show their political tendencies for meaningful things.
  • 37. Basic freedom.
    • C.F Strong explained:
    • ● democracy is a form of government that depends on the majority consent and disapproval.
    • ● the people can also take part in the ruling matters through their representatives and people with sovereignty.
  • 38. Basic freedom.
    • John Locke in his writing, “Second Treatise on Civil Government” (1690),
    • ● considers some of the rights for basic freedom as natural
    • ● among the rights for basic freedom are rights not to be murdered, to be made slave, to be tortured, or to be in the state of poverty by the ruler.
    • ● the ruler is also responsible to preserve individual basic freedom because civil society and its government are formed based on the principles of public interest.
    • -> human beings must be ready and willing to obey the ruler and accept any majority decision so that their properties can be protected.
  • 39. Basic freedom.
    • Joseph Raz in his book, “The Moarality of Freedom” (1986)
    • ● the identification of basic freedom relies on how the government sees and evaluates public interest.
    • ● freedom must have the reason to give privileged protection for individuals’ benefits and interest.
    • ● at the same times, it must preserve public interest that is an aspect of public society’s culture.
  • 40. Basic freedom.
    • John Stuart Mill saw freedom from the perspective of the relationship between individuals and their country.
    • ● an individual should be lived freely
    • ● a state should involve in individual freedom according to two (2) reasons:
    • 1. an individual’s action is not a responsibility of other people as along as the action is only for his own advantage and it does not involve other people.
    • 2. an action that can be questioned its interest for other people.
  • 41. Basic freedom.
    • Those of Marxism see freedom as a way to:
    • ● to free those who are oppressed by economy.
    • ● economic equality can be achieved when there is a revolution done by the proletariats to stop the oppression of the bourgeoisies.
    • ● absolute freedom can only be gained if people support communism.
  • 42. Basic freedom.
    • Amartya Sen laid down five (five) important mechanism about the meaning of freedom:
    • 1. Political freedom.
    • Known as civil right.
    • A chance for people to decide who to be the ruler and the ruling principles.
    • ● Example: freedom to choose different parties, freedom to involve in societies.
    • 2. Economic opportunity.
    • A chance given to individuals to enjoy the economic resources.
    • Economic rights given.
  • 43.
    • 3. Social opportunity.
    • Social arrangement made by the society in order to get education, good health etc.
    • To get better life and the involvement in political and economic activities.
  • 44.
    • 4. Truthfulness assurance
    • People are free to deal with each other.
    • To prevent bribes, and to increase accountability etc.
    • 5. Safety guarantee
    • To provide social safeguard in order to avoid famine, destitution etc.
  • 45. In conclusion…
    • The development of ideas concerning basic human rights are manifested from liberalism thoughts until a declaration was formed which was called Universal Declaration of Basic Human Rights.
    • Without denying beliefs and religions, individual rights and basic freedom brought by liberal thoughts succeed to institutionalize those basic human rights.
    • Even though humans’ cruelty and vindictiveness cannot be controlled totally all over the world, efforts to uphold basic human rights should be continued for the harmony of the next generation.