The document discusses the nature and development of human rights. It begins by defining human rights as universal and inalienable rights held by all humans. It then examines major statements of human rights, including the Universal Declaration of Human Rights (UDHR) in 1948, which established 30 articles outlining civil, political, economic, social and cultural rights. Two binding international covenants were also established in 1966: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Over time, human rights have continued to develop through additional treaties and protocols recognizing newer generations of rights.

1. The Nature and
Development of
Human Rights
Human rights

2. Definition
– Human rights are rights held by all human beings
– Universal, Inherent and inalienable
"The government does not give you those rights; it is the responsibility of the state
to recognise them"
- SMH "rights must be balanced with responsibilities" 2010

3. Formal statements of
Human Rights
Examine major human rights documents and
explain their contribution to the development of
human rights

4. Human rights – not a modern
concept
– Philosophers: Plato, Aristotle
– Codes: Hammurabi, Cyrus the Great
– Writings: "Enlightenment" (Europe); eg: Locke, Kant
– Documents: US Declaration of Independence 1776, French Declaration on the
Rights of Man 1789
– Human rights also developed over time. Consider: slavery, suffrage, labour
rights, education…

5. Formal statements of human
rights
Universal Declaration of Human Rights
– Direct response to WWII; the UN was created, but the Charter was not
considered to be enough to protect the rights of people around the world
– Commission on Human Rights – tasked with Human Rights Project
– 10 Dec 1948 – Universal Declaration of Human Rights voted on in UN General
Assembly; 48 for, 0 Against, 8 Soviet states abstained
– Single list – they cannot be separated from one another.

6. 30 Articles
4 pillars
1-2 human rights belong to all; no
discrimination
3-19 1st Generation Rights (life, liberties)
20-26 2nd generation rights (economic,
social)
27-28 3rd generation (community &
culture)
29-30 place some limits on HR

7. What happens if we favour one
group of rights over another?
– Western nations have favoured 1st
generation rights over 2nd
– Eg: US attitudes to Palestine, Iraq,
Lebanon
– Result: terrorist groups gain suppor
in areas where they provide social
services (schools, etc)
– Eastern countries have favoured
2nd generation rights over 1st
– Eg: communist states
– Result: labour camps, bans on free
speech etc "for the good of the
country"

8. Formal Statements of Human
Rights: Binding
International Covenant on Civil and
Political Rights (ICCPR)
– 1966 – came into force 1976
– 167 countries have signed
– 1st generation rights
– "Negative rights" (eg: freedom
from torture)
– Countries must organise their
society to allow these rights for all
International Covenant on Economic,
Social and Cultural Rights (ICESCR)
– 1966 – came into force 1976
– 160 countries have signed
– 2nd generation rights
– "Positive rights" (eg: provide
universal schooling)
– More expensive – "too difficult"

9. Formal Statements of Human
Rights: Binding
International Covenant on Civil
and Political Rights (ICCPR)
– Established Human Rights committee
– Hears complaints brought by one
nation against another (none yet!)
– Hears complaints brought by
individuals against their government,
eg: Toonen (right to privacy, sexual
preference)
International Covenant on Economic,
Social and Cultural Rights (ICESCR)
– As a signatory, Australia receives a
"report card" from UN Committee
on ESCR
– 2009 – 26 recommendations to
improve. Including: charter of
rights; imprisonment of the
mentally ill; homelessness;
mandatory detention

10. Formal Statements of Human
Rights: Binding
International Covenant on Civil
and Political Rights (ICCPR)
– Reservations – some countries
have reserved certain rights
– i.e. Agreed to most but not all
parts as they ratified them
International Covenant on Economic,
Social and Cultural Rights (ICESCR)

11. Contribution of these
Statements to the
development of HR

12. – International Bill of Rights has inspired over 200 international treaties,
Constitutions, etc
– Older treaties are being updated through "optional protocols" to increase
human rights – eg: Convention on the Rights of the Child
– 3rd generation rights are now getting international recognition (eg: Declaration
on the rights of Indigenous Peoples 2007 )

13. Developing Recognition
of human rights
Outline how human rights have developed over time
Investigate the evolving recognition of human rights

14. Abolition of slavery
– 2 Steps: end the slave trade; free existing slaves
– British cases: Somersett Case 1772; Slave Trade act 1807; Slavery Abolition act 1833
– US cases: Lincolnshire Emancipation Proclamation 1863; 13th Amendment to the US
Constitution (slavery abolished in all states)
– Slavery is against a4 UDHR, a8 ICCPR
– Multiple conventions: Two Slavery conventions (1926, 1953); Palermo Protocol 2000…
– Still an issue… 29.8 million slaves today. (14mil in India) An issue here in Australia
– R v Wei Tang, R v Dobie, R v Chee Mei Wong
– NGOs: anti-Slavery International, Global Freedom Network. Walk Free Foundation

15. Trade unionism and labour rights

16. Universal suffrage

17. Universal education

18. Self-determination

19. Environmental Rights

20. Peace Rights