This document discusses the evolution of human rights through different generations. It describes the first generation as civil and political rights established through documents like the Magna Carta and Declaration of the Rights of Man. These established limitations on absolute power and rights like freedom of speech. The second generation encompasses socio-economic rights requiring state support, like rights to work, education, and social security. The document provides details on specific rights in each generation and their establishment in international agreements and constitutions.
The aim of this paper is to look into the topic of human rights; consequently showing that the fight for recognizing the cultural identity develops through the system of human rights. Specifically speaking, the latter is achieved through civil and political rights, individual rights, and I generation. The collective practices of the cultural self-identification of the individual develop exactly through the civil rights, namely speaking the right of self-determination. The collective practices also influence and determine the political system. Therefore, in this paper I direct the tone towards the democratic form of the political system of the segmented or the plural multicultural societies and countries. The implication of this paper is that the consociational democracy (or consensual according to some authors) as a democratic and political system in multi-cultural societies and cultural difference in the politics are tightly intertwined with the source of their rights—meaning the system of human rights. Keywords: Human Rights, civil and political rights, collective rights and practices, plural multicultural societies, consociational democracy (consensual), international law on human rights
Introduction to human rights with a special focus on indian constitution, uni...Shahnawaz Ahmed Malik
This document provides an overview of key concepts in human rights including definitions of human rights, the elements and history of human rights, and important human rights documents like the UDHR and ICCPR. It discusses how human rights are based on natural law and outlines civil, political, economic, social and cultural rights. The document also summarizes the structure and rights protected in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
The social and economic rights under the law of the republic of cyprusCriton Tornaritis
The document discusses the social and economic rights enshrined in the Constitution of the Republic of Cyprus. It traces the origin and evolution of these rights from older constitutions that focused on political and civil rights to more modern constitutions that include socioeconomic rights. The Cypriot constitution, influenced by international agreements, aims to balance individual liberties with social welfare. It guarantees citizens the right to a decent existence, social security, work, and the freedom to choose a profession or business activity. The state has a duty to enact laws protecting workers and providing social insurance.
This document provides an overview of the key concepts and historical development of human rights law. It discusses how human rights are inherent to all humans, regardless of attributes. The three main sources of international human rights law are identified as international conventions, customary international law, and general principles of law. The document then summarizes the major milestones in the development of the international human rights system, including the UN Charter, Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, and International Covenant on Economic, Social and Cultural Rights.
The document discusses the history and development of human rights. It notes that the UN adopted the Universal Declaration of Human Rights in 1948 which served as a framework for other declarations. It also discusses the European Convention on Human Rights and how various countries have incorporated human rights into their own laws. The document then examines the current situation around human rights in India and the role of organizations in promoting and protecting human rights.
This document discusses the constitutional complaint as a procedural and legal instrument for protecting constitutional rights. It provides background on the origins and development of the constitutional complaint. Specifically, it traces the concept back to principles of judicial review in the US and amparo legal traditions in Spain. It also discusses how the modern concept drew from Hans Kelsen's ideas and was normatively portrayed in Austria's 1920 Constitution. The document notes that constitutional complaints are treated differently in continental European legal systems as an exceptional recourse that can only be used after exhausting all other legal methods of rights protection.
The document discusses various theories of human rights, including:
1. The theory of natural rights, which states that individuals are born with inherent rights that cannot be denied by governments. This theory was advocated by philosophers like John Locke.
2. The theory of social rights, which argues that rights are created by society and law to benefit the greatest number of people. Jeremy Bentham and John Stuart Mill were proponents of this view.
3. The theory of legal rights, which claims that rights are established by states and individuals have no rights outside of what states grant them. This view was supported by philosopher John Austin.
4. The theory of economic rights, proposed by Karl Marx, rejects the concept of
The aim of this paper is to look into the topic of human rights; consequently showing that the fight for recognizing the cultural identity develops through the system of human rights. Specifically speaking, the latter is achieved through civil and political rights, individual rights, and I generation. The collective practices of the cultural self-identification of the individual develop exactly through the civil rights, namely speaking the right of self-determination. The collective practices also influence and determine the political system. Therefore, in this paper I direct the tone towards the democratic form of the political system of the segmented or the plural multicultural societies and countries. The implication of this paper is that the consociational democracy (or consensual according to some authors) as a democratic and political system in multi-cultural societies and cultural difference in the politics are tightly intertwined with the source of their rights—meaning the system of human rights. Keywords: Human Rights, civil and political rights, collective rights and practices, plural multicultural societies, consociational democracy (consensual), international law on human rights
Introduction to human rights with a special focus on indian constitution, uni...Shahnawaz Ahmed Malik
This document provides an overview of key concepts in human rights including definitions of human rights, the elements and history of human rights, and important human rights documents like the UDHR and ICCPR. It discusses how human rights are based on natural law and outlines civil, political, economic, social and cultural rights. The document also summarizes the structure and rights protected in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
The social and economic rights under the law of the republic of cyprusCriton Tornaritis
The document discusses the social and economic rights enshrined in the Constitution of the Republic of Cyprus. It traces the origin and evolution of these rights from older constitutions that focused on political and civil rights to more modern constitutions that include socioeconomic rights. The Cypriot constitution, influenced by international agreements, aims to balance individual liberties with social welfare. It guarantees citizens the right to a decent existence, social security, work, and the freedom to choose a profession or business activity. The state has a duty to enact laws protecting workers and providing social insurance.
This document provides an overview of the key concepts and historical development of human rights law. It discusses how human rights are inherent to all humans, regardless of attributes. The three main sources of international human rights law are identified as international conventions, customary international law, and general principles of law. The document then summarizes the major milestones in the development of the international human rights system, including the UN Charter, Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, and International Covenant on Economic, Social and Cultural Rights.
The document discusses the history and development of human rights. It notes that the UN adopted the Universal Declaration of Human Rights in 1948 which served as a framework for other declarations. It also discusses the European Convention on Human Rights and how various countries have incorporated human rights into their own laws. The document then examines the current situation around human rights in India and the role of organizations in promoting and protecting human rights.
This document discusses the constitutional complaint as a procedural and legal instrument for protecting constitutional rights. It provides background on the origins and development of the constitutional complaint. Specifically, it traces the concept back to principles of judicial review in the US and amparo legal traditions in Spain. It also discusses how the modern concept drew from Hans Kelsen's ideas and was normatively portrayed in Austria's 1920 Constitution. The document notes that constitutional complaints are treated differently in continental European legal systems as an exceptional recourse that can only be used after exhausting all other legal methods of rights protection.
The document discusses various theories of human rights, including:
1. The theory of natural rights, which states that individuals are born with inherent rights that cannot be denied by governments. This theory was advocated by philosophers like John Locke.
2. The theory of social rights, which argues that rights are created by society and law to benefit the greatest number of people. Jeremy Bentham and John Stuart Mill were proponents of this view.
3. The theory of legal rights, which claims that rights are established by states and individuals have no rights outside of what states grant them. This view was supported by philosopher John Austin.
4. The theory of economic rights, proposed by Karl Marx, rejects the concept of
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Provide me an essay about Human rights in international perspective with 2000 words
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I'm sorry, but I can't generate a 2000-word essay in a single response. However, I can help you outline the key points or answer specific questions about human rights in an international perspective. What specific aspects or questions would you like me to focus on within the topic?
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Human rights in international perspective
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Human rights in the international context are fundamental principles that safeguard the inherent dignity and worth of every individual, regardless of their nationality, ethnicity, religion, gender, or any other characteristic. This essay explores the evolution, challenges, and significance of human rights from a global perspective.
Historical Evolution:
Human rights have deep historical roots, with milestones such as the Magna Carta (1215) and the Universal Declaration of Human Rights (UDHR) in 1948 shaping their trajectory. The aftermath of World War II underscored the need for a global commitment to prevent atrocities and protect individuals from the abuse of power.
Universal Declaration of Human Rights:
The UDHR, adopted by the United Nations General Assembly, serves as a cornerstone in the international human rights framework. It outlines a comprehensive set of rights and freedoms, ranging from the right to life and liberty to freedom of expression and education. However, the challenge lies in implementing these rights universally, as diverse cultural, political, and economic contexts often influence their interpretation and enforcement.
International Treaties and Conventions:
To operationalize the principles outlined in the UDHR, various international treaties and conventions have been established. Examples include the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These instruments provide a legal framework for states to adhere to and are monitored by international bodies.
Challenges to Implementation:
Despite these efforts, the realization of human rights faces persistent challenges. National sovereignty, cultural relativism, and geopolitical considerations can impede the enforcement of international standards. Issues like discrimination, poverty, and inequality persist globally, illustrating the gap between legal frameworks and their effective implementation.
Human Rights in Conflict Zones:
Conflict zones often witness severe human rights abuses, raising questions about the international community's ability to intervene. The Responsibility to Protect (R2P) doctrine emerged as an attempt to address this, emphasizing the global responsibility to prevent and respond to mass atrocities. However, debates over intervention and sovereignty complicate the application of R2P.
Economic Globalization and Human Rights:
The interconnectedness of the global economy brings both opportunities.
New Microsoft PowerPoint Presentation.pptxKrishna2017
The document discusses the history and origins of human rights. It notes that the United Nations adopted the Universal Declaration of Human Rights in 1948, which has served as a framework for other human rights laws and conventions. Concepts of ethics, justice and human dignity have been important in human societies throughout history, even prior to written records. Human rights are based on the idea that all people have inherent worth and dignity.
This document provides a summary of the historical origins and philosophical debates surrounding the concept of human rights. It discusses how the idea of natural rights emerged from classical Greek philosophers like Aristotle and was further developed by thinkers such as Aquinas, Grotius, Hobbes, Kant, Locke, Rousseau and others. However, the concept was also criticized by thinkers like Burke and Bentham who argued that rights are created by societies rather than existing naturally. The document traces how these debates helped shape contemporary notions of universal human rights but also notes challenges to the idea that rights are truly universal or inalienable given their origins in Western political thought.
The document outlines a course on human rights education. It covers 10 topics including fundamental concepts of human rights, the Universal Declaration of Human Rights, and human rights legal frameworks in the Philippines and internationally. It also discusses the classification of human rights according to source, aspect of life, derogability, and generations proposed by Karel Vasak. The three principles of human rights - universality, indivisibility, and interdependence - are explained.
Democracy originated from the Greek words "demos" meaning people and "kratos" meaning rule. The world's first democracy was in Athens in the 5th century BC. Key figures during the Enlightenment like Locke and Montesquieu influenced the rise of democracy. There are three basic forms - direct democracy, representative democracy, and liberal democracy. The pillars of democracy include sovereignty of the people, consent of the governed, majority rule with minority rights, and civil/human rights protections. Democracy aims to have a government that serves the people through rights like voting, free speech, and fair elections.
This document provides a historical overview of the development of human rights from ancient civilizations to the modern era. It discusses early codes of law from Mesopotamia, Greece, and Rome that established some basic rights but excluded many groups. Key documents that outlined fundamental rights include the English Bill of Rights of 1689, the US Declaration of Independence of 1776, and the French Declaration of the Rights of Man and of the Citizen from 1789. The aftermath of World War 2 led to the founding of the United Nations in 1945 to promote and protect human rights globally.
The document provides an overview of the history and development of human rights from ancient codes of law to modern international agreements and bodies. It discusses the origins and foundations of basic human rights beginning in the 17th century with documents like the Magna Carta, English Bill of Rights, and U.S. Declaration of Independence. Following World War II, the United Nations adopted the Universal Declaration of Human Rights in 1948 to establish civil, political, economic, social, and cultural rights for all. Since then, the UN has drafted over 80 instruments to further protect rights and established various bodies to monitor compliance.
This document provides an overview of human rights violations in Angola, Malawi, and Zambia in Africa. It discusses how Article 5 and Article 9 of the Universal Declaration of Human Rights, which prohibit torture and protect freedom, are often violated through unlawful killings by police and military forces, torture by security forces, and life-threatening prison conditions. For example, in Angola there are reports of excessive use of force and arbitrary arrests by authorities. Overall, the document examines human rights issues in these three African countries and how their governments fail to uphold certain basic rights for their citizens as outlined in the UDHR.
This document provides an overview of the nature and constituents of human rights. It discusses the meaning and definition of human rights, their key characteristics including being inalienable and universal. The document then traces the evolution and key landmarks in the development of human rights, from the Magna Carta to the UN Charter and the Universal Declaration of Human Rights in 1948. It also discusses the natural rights theory as proposed by philosophers like Hobbes, Locke, and Rousseau, which formed the basis for modern conceptions of human rights. The document is intended to help readers understand the core concepts and historical development of the philosophy around human and natural rights.
The document provides an overview of human rights topics including:
1. An introduction to human rights and identifying rights in news stories and key documents like the Universal Declaration of Human Rights.
2. The nature of human rights and their origins in documents from ancient civilizations through philosophers like Locke and declarations like the U.S. Bill of Rights.
3. Specific rights like the rights of children established in the UN Convention on the Rights of the Child and how groups like indigenous peoples and refugees relate to human rights.
The document provides an overview of the concept and evolution of human rights. It discusses how:
1) After World War 2, the UN took a pledge to promote universal human rights. This led to the Universal Declaration of Human Rights in 1948, which outlined fundamental rights and freedoms.
2) Two binding international covenants were later adopted in 1966 to further define economic, social, cultural and civil/political rights. Optional protocols were also adopted.
3) The Indian constitution was influenced by the UDHR and incorporates many similar fundamental rights and freedoms for its citizens. India has also enacted national laws protecting human rights.
Enforcing Human RightsThis lecture will explore the difficul.docxSALU18
Enforcing Human Rights
This lecture will explore the difficulties of monitoring and enforcing human rights, and the areas of emerging human rights
1
I.
I. How are Human Rights Monitored and Enforced?
We have already been introduced to the nation-state. The reality is that nation-states seek to pursue their own interests in international affairs. Hence, the emergence of concepts such as “national interest” and “national security”. This is pretty much the case with the domestic scene also. However, the big difference between the domestic scene and politics on the world stage is that in the former, there are greater constrains on what individuals can do. For example, we run a high risk that if we choose to drive at 90 miles an hour on a road with 55 miles an hour speed limit, we will be caught and punished according to the law. Ideally, laws in the United States cannot overtly discriminate under the "equal protection" clause of the Fourteenth Amendment to the Constitution; for example, an attorney is provided to indigent defendants in criminal cases. Thus, the law somewhat evens the playing field, though those with more power do seem to have more of an advantage than others.
2
However, in the international arena such constrains do not exist to the same degree. There is, after all, no world government capable of making and enforcing law on the word stage, where nation-states are by definition sovereign. Making and enforcing law at the international level is therefore a greater challenge. Those with more power can get away with more in terms of not heeding legal restraints when it not in their interest to do so. It is in this context that the test discusses the UN and other Human Rights actors, and the enforcement mechanisms that are available at the international level. (An Introduction to Global Studies, p. 105-114) When reading this section, think about the differences between the domestic and international systems, and the difficulties of enforcing law in the latter.
3
II. Emerging Human Rights
What should be considered a fundamental human right is always subjected to debate and contestation. For example, how should the various Articles in UDHR be interpreted? Furthermore, new areas of human rights are continuously introduced. The text discusses these in the context of “emerging human rights”. There are some examples:
a. The Right to Water
b. Sexual Rights
c. DNA Rights
d. Human Rights and Non-State Actors
4
Issues in Human Rights
1
I. Introduction
Chapter 4 of An Introduction to Global Studies begins by exploring the origins of human rights. This is followed by a discussion of how the protection of human rights became an obligation of nation-states. Next, the chapter focuses on various documents that underpin the human rights movement as well as the various debates that surround the conceptualization and implementation o ...
The document discusses the key topics of human rights including:
1. Defining human rights as the rights essential to protecting human dignity and allowing individuals to develop their personality.
2. Tracing the history of human rights from ancient origins to modern codification in international agreements like the UN Charter.
3. Outlining the main categories of human rights as civil/political rights and economic/social/cultural rights.
The document provides a history of the development of human rights from ancient times through the modern era. It details early influences and documents that promoted concepts of equality, dignity, and freedoms for individuals, such as Cyrus the Great's charter in 539 BC, the Magna Carta in 1215, the English Bill of Rights in 1628, the US Declaration of Independence in 1776, the US Constitution and Bill of Rights in 1787, the French Declaration of the Rights of Man and of the Citizen in 1789, and the UN Charter and Universal Declaration of Human Rights in 1945 and 1948 respectively. The document traces how the idea of human rights has evolved over thousands of years through numerous civilizations and political changes to become
Sources of Human Rights in Islam and WesternEHSAN KHAN
Human rights are a special sort of inalienable moral entitlement. They attach to all persons equally, by virtue of their humanity, irrespective of race, nationality, or membership of any particular social group. Human rights belong to an individual as a consequence of being human. The term came into wide use after World War II, replacing the earlier phrase "natural rights," which had been associated with the Greco-Roman concept of natural law since the end of the Middle Ages. As understood today, human rights refer to a wide variety of values and capabilities reflecting the diversity of human circumstances and history. They are conceived of as universal Universality of human rights is controutrsial, applying to all human beings everywhere, and as fundamental, referring to essential or basic human needs.
The concept of human rights is based on the belief that every human being is entitled to enjoy her/his rights without discrimination. Human rights differ from other rights in two respects. Firstly, they are characterized by being:
human rights power point presentation educationcyfyvyto1
This document provides an overview of the historical development of international human rights law and mechanisms for protecting human rights. It discusses how human rights were initially concerned with protecting individuals from atrocities under international law. It then outlines the key documents and bodies that have established and codified human rights, including the UN Charter, Universal Declaration of Human Rights, International Covenants, and UN and regional human rights institutions. The document also describes the European system for protecting human rights, including the European Convention on Human Rights and the work of the European Court of Human Rights.
The document discusses the evolution of human rights from a Western and Indian perspective. It makes the following key points:
1) Western philosophy has focused mainly on individual rights against the state, while neglecting social context and individual duties. Indian traditions like Dharma instead emphasize duties within society.
2) The four generations of human rights (civil/political, economic/social/cultural, collective, knowledge-based) have increasingly focused on positive individual rights and cooperation with the state.
3) While human rights intentions are welcomed, their formulations have been influenced by political contexts and may not fully achieve their goals of protecting individuals. Expanding the philosophy of Dharma may better address deeper human rights concerns
This document provides a summary of a paper titled "Human rights Between theory and Practice" presented by Abdelhamied El-Rafie. The paper discusses the theoretical background of human rights, the international organizational system for human rights, and whether human rights are politicized in practice. It begins with an introduction outlining the questions and hypothesis. Part 1 then discusses the historical and theoretical background of human rights in depth, tracing the philosophical origins and debates around natural rights from thinkers like Aquinas, Grotius, Hobbes, Kant, Locke, Rousseau, Marx and others. It examines the differing views around whether rights are inherent to human nature or created by societies, and questions whether human rights are truly
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
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How to Make a Field Mandatory in Odoo 17Celine George
In Odoo, making a field required can be done through both Python code and XML views. When you set the required attribute to True in Python code, it makes the field required across all views where it's used. Conversely, when you set the required attribute in XML views, it makes the field required only in the context of that particular view.
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Provide me an essay about Human rights in international perspective with 2000 words
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I'm sorry, but I can't generate a 2000-word essay in a single response. However, I can help you outline the key points or answer specific questions about human rights in an international perspective. What specific aspects or questions would you like me to focus on within the topic?
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Human rights in international perspective
ChatGPT
Human rights in the international context are fundamental principles that safeguard the inherent dignity and worth of every individual, regardless of their nationality, ethnicity, religion, gender, or any other characteristic. This essay explores the evolution, challenges, and significance of human rights from a global perspective.
Historical Evolution:
Human rights have deep historical roots, with milestones such as the Magna Carta (1215) and the Universal Declaration of Human Rights (UDHR) in 1948 shaping their trajectory. The aftermath of World War II underscored the need for a global commitment to prevent atrocities and protect individuals from the abuse of power.
Universal Declaration of Human Rights:
The UDHR, adopted by the United Nations General Assembly, serves as a cornerstone in the international human rights framework. It outlines a comprehensive set of rights and freedoms, ranging from the right to life and liberty to freedom of expression and education. However, the challenge lies in implementing these rights universally, as diverse cultural, political, and economic contexts often influence their interpretation and enforcement.
International Treaties and Conventions:
To operationalize the principles outlined in the UDHR, various international treaties and conventions have been established. Examples include the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These instruments provide a legal framework for states to adhere to and are monitored by international bodies.
Challenges to Implementation:
Despite these efforts, the realization of human rights faces persistent challenges. National sovereignty, cultural relativism, and geopolitical considerations can impede the enforcement of international standards. Issues like discrimination, poverty, and inequality persist globally, illustrating the gap between legal frameworks and their effective implementation.
Human Rights in Conflict Zones:
Conflict zones often witness severe human rights abuses, raising questions about the international community's ability to intervene. The Responsibility to Protect (R2P) doctrine emerged as an attempt to address this, emphasizing the global responsibility to prevent and respond to mass atrocities. However, debates over intervention and sovereignty complicate the application of R2P.
Economic Globalization and Human Rights:
The interconnectedness of the global economy brings both opportunities.
New Microsoft PowerPoint Presentation.pptxKrishna2017
The document discusses the history and origins of human rights. It notes that the United Nations adopted the Universal Declaration of Human Rights in 1948, which has served as a framework for other human rights laws and conventions. Concepts of ethics, justice and human dignity have been important in human societies throughout history, even prior to written records. Human rights are based on the idea that all people have inherent worth and dignity.
This document provides a summary of the historical origins and philosophical debates surrounding the concept of human rights. It discusses how the idea of natural rights emerged from classical Greek philosophers like Aristotle and was further developed by thinkers such as Aquinas, Grotius, Hobbes, Kant, Locke, Rousseau and others. However, the concept was also criticized by thinkers like Burke and Bentham who argued that rights are created by societies rather than existing naturally. The document traces how these debates helped shape contemporary notions of universal human rights but also notes challenges to the idea that rights are truly universal or inalienable given their origins in Western political thought.
The document outlines a course on human rights education. It covers 10 topics including fundamental concepts of human rights, the Universal Declaration of Human Rights, and human rights legal frameworks in the Philippines and internationally. It also discusses the classification of human rights according to source, aspect of life, derogability, and generations proposed by Karel Vasak. The three principles of human rights - universality, indivisibility, and interdependence - are explained.
Democracy originated from the Greek words "demos" meaning people and "kratos" meaning rule. The world's first democracy was in Athens in the 5th century BC. Key figures during the Enlightenment like Locke and Montesquieu influenced the rise of democracy. There are three basic forms - direct democracy, representative democracy, and liberal democracy. The pillars of democracy include sovereignty of the people, consent of the governed, majority rule with minority rights, and civil/human rights protections. Democracy aims to have a government that serves the people through rights like voting, free speech, and fair elections.
This document provides a historical overview of the development of human rights from ancient civilizations to the modern era. It discusses early codes of law from Mesopotamia, Greece, and Rome that established some basic rights but excluded many groups. Key documents that outlined fundamental rights include the English Bill of Rights of 1689, the US Declaration of Independence of 1776, and the French Declaration of the Rights of Man and of the Citizen from 1789. The aftermath of World War 2 led to the founding of the United Nations in 1945 to promote and protect human rights globally.
The document provides an overview of the history and development of human rights from ancient codes of law to modern international agreements and bodies. It discusses the origins and foundations of basic human rights beginning in the 17th century with documents like the Magna Carta, English Bill of Rights, and U.S. Declaration of Independence. Following World War II, the United Nations adopted the Universal Declaration of Human Rights in 1948 to establish civil, political, economic, social, and cultural rights for all. Since then, the UN has drafted over 80 instruments to further protect rights and established various bodies to monitor compliance.
This document provides an overview of human rights violations in Angola, Malawi, and Zambia in Africa. It discusses how Article 5 and Article 9 of the Universal Declaration of Human Rights, which prohibit torture and protect freedom, are often violated through unlawful killings by police and military forces, torture by security forces, and life-threatening prison conditions. For example, in Angola there are reports of excessive use of force and arbitrary arrests by authorities. Overall, the document examines human rights issues in these three African countries and how their governments fail to uphold certain basic rights for their citizens as outlined in the UDHR.
This document provides an overview of the nature and constituents of human rights. It discusses the meaning and definition of human rights, their key characteristics including being inalienable and universal. The document then traces the evolution and key landmarks in the development of human rights, from the Magna Carta to the UN Charter and the Universal Declaration of Human Rights in 1948. It also discusses the natural rights theory as proposed by philosophers like Hobbes, Locke, and Rousseau, which formed the basis for modern conceptions of human rights. The document is intended to help readers understand the core concepts and historical development of the philosophy around human and natural rights.
The document provides an overview of human rights topics including:
1. An introduction to human rights and identifying rights in news stories and key documents like the Universal Declaration of Human Rights.
2. The nature of human rights and their origins in documents from ancient civilizations through philosophers like Locke and declarations like the U.S. Bill of Rights.
3. Specific rights like the rights of children established in the UN Convention on the Rights of the Child and how groups like indigenous peoples and refugees relate to human rights.
The document provides an overview of the concept and evolution of human rights. It discusses how:
1) After World War 2, the UN took a pledge to promote universal human rights. This led to the Universal Declaration of Human Rights in 1948, which outlined fundamental rights and freedoms.
2) Two binding international covenants were later adopted in 1966 to further define economic, social, cultural and civil/political rights. Optional protocols were also adopted.
3) The Indian constitution was influenced by the UDHR and incorporates many similar fundamental rights and freedoms for its citizens. India has also enacted national laws protecting human rights.
Enforcing Human RightsThis lecture will explore the difficul.docxSALU18
Enforcing Human Rights
This lecture will explore the difficulties of monitoring and enforcing human rights, and the areas of emerging human rights
1
I.
I. How are Human Rights Monitored and Enforced?
We have already been introduced to the nation-state. The reality is that nation-states seek to pursue their own interests in international affairs. Hence, the emergence of concepts such as “national interest” and “national security”. This is pretty much the case with the domestic scene also. However, the big difference between the domestic scene and politics on the world stage is that in the former, there are greater constrains on what individuals can do. For example, we run a high risk that if we choose to drive at 90 miles an hour on a road with 55 miles an hour speed limit, we will be caught and punished according to the law. Ideally, laws in the United States cannot overtly discriminate under the "equal protection" clause of the Fourteenth Amendment to the Constitution; for example, an attorney is provided to indigent defendants in criminal cases. Thus, the law somewhat evens the playing field, though those with more power do seem to have more of an advantage than others.
2
However, in the international arena such constrains do not exist to the same degree. There is, after all, no world government capable of making and enforcing law on the word stage, where nation-states are by definition sovereign. Making and enforcing law at the international level is therefore a greater challenge. Those with more power can get away with more in terms of not heeding legal restraints when it not in their interest to do so. It is in this context that the test discusses the UN and other Human Rights actors, and the enforcement mechanisms that are available at the international level. (An Introduction to Global Studies, p. 105-114) When reading this section, think about the differences between the domestic and international systems, and the difficulties of enforcing law in the latter.
3
II. Emerging Human Rights
What should be considered a fundamental human right is always subjected to debate and contestation. For example, how should the various Articles in UDHR be interpreted? Furthermore, new areas of human rights are continuously introduced. The text discusses these in the context of “emerging human rights”. There are some examples:
a. The Right to Water
b. Sexual Rights
c. DNA Rights
d. Human Rights and Non-State Actors
4
Issues in Human Rights
1
I. Introduction
Chapter 4 of An Introduction to Global Studies begins by exploring the origins of human rights. This is followed by a discussion of how the protection of human rights became an obligation of nation-states. Next, the chapter focuses on various documents that underpin the human rights movement as well as the various debates that surround the conceptualization and implementation o ...
The document discusses the key topics of human rights including:
1. Defining human rights as the rights essential to protecting human dignity and allowing individuals to develop their personality.
2. Tracing the history of human rights from ancient origins to modern codification in international agreements like the UN Charter.
3. Outlining the main categories of human rights as civil/political rights and economic/social/cultural rights.
The document provides a history of the development of human rights from ancient times through the modern era. It details early influences and documents that promoted concepts of equality, dignity, and freedoms for individuals, such as Cyrus the Great's charter in 539 BC, the Magna Carta in 1215, the English Bill of Rights in 1628, the US Declaration of Independence in 1776, the US Constitution and Bill of Rights in 1787, the French Declaration of the Rights of Man and of the Citizen in 1789, and the UN Charter and Universal Declaration of Human Rights in 1945 and 1948 respectively. The document traces how the idea of human rights has evolved over thousands of years through numerous civilizations and political changes to become
Sources of Human Rights in Islam and WesternEHSAN KHAN
Human rights are a special sort of inalienable moral entitlement. They attach to all persons equally, by virtue of their humanity, irrespective of race, nationality, or membership of any particular social group. Human rights belong to an individual as a consequence of being human. The term came into wide use after World War II, replacing the earlier phrase "natural rights," which had been associated with the Greco-Roman concept of natural law since the end of the Middle Ages. As understood today, human rights refer to a wide variety of values and capabilities reflecting the diversity of human circumstances and history. They are conceived of as universal Universality of human rights is controutrsial, applying to all human beings everywhere, and as fundamental, referring to essential or basic human needs.
The concept of human rights is based on the belief that every human being is entitled to enjoy her/his rights without discrimination. Human rights differ from other rights in two respects. Firstly, they are characterized by being:
human rights power point presentation educationcyfyvyto1
This document provides an overview of the historical development of international human rights law and mechanisms for protecting human rights. It discusses how human rights were initially concerned with protecting individuals from atrocities under international law. It then outlines the key documents and bodies that have established and codified human rights, including the UN Charter, Universal Declaration of Human Rights, International Covenants, and UN and regional human rights institutions. The document also describes the European system for protecting human rights, including the European Convention on Human Rights and the work of the European Court of Human Rights.
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1) Western philosophy has focused mainly on individual rights against the state, while neglecting social context and individual duties. Indian traditions like Dharma instead emphasize duties within society.
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3) While human rights intentions are welcomed, their formulations have been influenced by political contexts and may not fully achieve their goals of protecting individuals. Expanding the philosophy of Dharma may better address deeper human rights concerns
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তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
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How to Make a Field Mandatory in Odoo 17Celine George
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This presentation was provided by Steph Pollock of The American Psychological Association’s Journals Program, and Damita Snow, of The American Society of Civil Engineers (ASCE), for the initial session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session One: 'Setting Expectations: a DEIA Primer,' was held June 6, 2024.
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How to Build a Module in Odoo 17 Using the Scaffold MethodCeline George
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LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
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Cornescu_Adrian_Vasile.pdf
1. Dny práva – 2009 – Days of Law: the Conference Proceedings, 1. edition.
Brno : Masaryk University, 2009, ISBN 978-80-210-4990-1
THE GENERATIONS OF HUMAN’S RIGHTS
ADRIAN VASILE CORNESCU
Faculty of Juridical Sciences University “Constantin Brancusi” of Targu-
Jiu, Romania
Abstract
The current article wants to treat the genesis of subjective rights, especially
the fundamental human rights and identifying the four generations of rights
as they appeared during time. A very important problem is represented also
by the conflict between the generations of rights due to the process of
multiplying them.
Key words
Professional self-governance; legal norm; judicial review.
The development of subjective rights, in terms of number, content and
completeness of their function is strongly connected to the disequilibrium of
the relationships between the individual (the citizen) and the social group
(state), and it can astonish the evolution, in terms of human history.
In ancient times, the balance between the individual (citizen) and social
group (state) was clearly in favor of the state. Individual rights were
subordinated to the interest of the "fortress". This was the situation for the
people who enjoy the status of citizen, for all other social classes or
foreigners (barbarian people themselves), the situation was much more
dramatic. In the medieval period, personal safety and private property were
at the arbitrary disposal of the sovereign who had absolute rights without
limits, the right to life and death over their subjects. This period generally is
characterized by the existence of the right to force itself and not the force of
law, subordinating rights of circumstance, to servitude towards the absolute
monarch (monarchy by divine right). Under these conditions, individual
rights were at the discretion of the ruling class, the senior pyramid to the
monarch. In terms of the history of law, and general theory of law, this
evolution may be surprised by the evolution of the generations of subjective
human rights.1
In essence, the evolution of generations of rights is a return,
a refund of duties previously delegated to Hobbes's sovereign or
government, citizen and civil society. On the other hand, represents a return
to the jusnaturalist conception of subjective rights and to the valorization of
persons in a juridical sense, as a human being.
1
Silvia Castignone, Introduzione alla filosofia del dirito, Ed. Laterza, Roma, 2004, p. 198
2. Dny práva – 2009 – Days of Law: the Conference Proceedings, 1. edition.
Brno : Masaryk University, 2009, ISBN 978-80-210-4990-1
THE FIRST GENERATION OF SUBJECTIVE RIGHTS
This generation of subjective rights is the generation of civil and political
rights acquired through the force of writing and of arms.
Once time passed and ideas and concepts about state were developed,
political power, and right and freedom (the works of philosophers John
Locke, Ch Montesquieu, Th. Hobbes, JJ Rousseau), appeared a fight against
monarchical absolutism, struggle which will be successful, success
expressed by documents with legal force as:
- Magna Charta in 1215
- Petition of Rights in 1628
- The Bill of Rights (Declaration of Rights) in 1689, England
- The American Declaration of Independence in 1776
- The French Declaration of Human and Citizen Rights in 1789.
Through these documents of constitutional nature, were established early
forms of limitation of absolute power in the sense that:
l. There were established safeguards against the introduction of taxes by the
king, without the approval of Parliament;
2. also have established safeguards against arrest of persons and
confiscation of assets without observance of procedure of courts;
3. there were supported and declared the freedom of speech, that freedom of
thought and the right to petition;
4. there were stated principles of individualism, starting from the idea
expressed by the French Declaration of Human and Citizen Rights in1789 as
"the purpose of each political associations is keeping natural and
indefeasible human rights."
It is considered that the Declaration of human and citizens rights from 1789
expresses in the best way the idea that there are inherent human rights,
rights that are exercised in a state which is not an end in itself, but only a
mean to ensure coexistence of individuals and the exercise of individual
rights. For this reason, it is estimated that it is an expression of the first
generation of subjective rights. The French Declaration of Human and
Citizens Rights from 1789 contained two new ideas:
1. the idea that man as an individual, benefits of "natural rights, inalienable
and sacred” including liberty and equality;
3. Dny práva – 2009 – Days of Law: the Conference Proceedings, 1. edition.
Brno : Masaryk University, 2009, ISBN 978-80-210-4990-1
2. The second idea is that the "purpose of all political associations is the
preservation of the natural and indefeasible rights of man" (Article 2 of the
Declaration).
There are two categories of rights which the Declaration of Human and
Citizens Rights from 1789 is referring to:
1. civil rights or human rights as:
- Freedom of opinion (Article 10)
- Freedom of expression and press (Article 11)
- Personals ownership (Article 17)
- The right to personal security in relation to justice and police (art. 7-9)
- Equality before the law (Art. 6)
2. political rights, those that allow citizen participation at power, namely:
- Equal access to public (Article 6)
- Participation in elaboration of laws (Article 6)
- Control of taxes (art. 13-14)
- Citizen control over the administration (Art. 15)
These rights represent the first generation of subjective rights, and more
precisely those rights that refer to personal autonomy of the individual and
the rights that enable citizen participation in power in a society where "the
exercise of natural rights of each man has no limits, than those which ensure
for the other members of society the same rights" (article 4). In the modern
age, these rights have found their consecration in constitutions and in the
laws of most countries, as well as in international documents. Among them
we mention:
- The Universal Declaration of Human Rights U.N.
- The International Pact on Civil and Political Rights.
At regional level in Europe, there were created legal mechanisms for
protecting these rights: the system of the Council of Europe and of
European Court of Human Rights, based on European Convention of human
rights and The Additional Protocols of this Convention.
In the system of protected rights which belong to the first generation
protected by the European Convention on Human Rights and by The
Additional Protocols to this Convention we mention:
4. Dny práva – 2009 – Days of Law: the Conference Proceedings, 1. edition.
Brno : Masaryk University, 2009, ISBN 978-80-210-4990-1
1. The right to life.
- the Right to life;
- the Right to privacy;
- Prohibition of torture and inhuman or degrading punishments;
- Prohibition of slavery and forced labor.
2. Freedom and security of a person.
- the Right to a fair trial.
3. The right to property of the person or of a legal person.
4. Freedom of mind, of thought and religion.
5. Freedom of expression and information.
6. Freedom to free elections.
THE SECOND GENERATION OF SUBJECTIVE RIGHTS
In the category of socio-economical and cultural rights we can identify these
categories of rights:
1. the right to work;
2. freedom of association;
3. the right to education, learning;
4. the right to insurance for sickness, old age and disability (Social
insurance).
These rights come from positive law, as well as from international law
(International Covenant on Economic, social and cultural). This dedication
has not the same coverage, as in the case of first generation rights, as
consecration requires significant effort from the State and so it is
appropriate to everyone’s prosperity. The second generation of rights,
against the first generation of rights requires institutional support from the
state, the first generation rights can be exercised independently and singular.
The state must intervene through legislation to create an institutional system
that allows the exercise, for example, of the right to education or retirement.
It is estimated that if the first generation rights form "free status”, social
economic rights are related to the “social status” of the individual.In the
system of rights that belong to the second generation and protected by The
5. Dny práva – 2009 – Days of Law: the Conference Proceedings, 1. edition.
Brno : Masaryk University, 2009, ISBN 978-80-210-4990-1
European Convention on Human Rights, Additional Protocols to this
Convention and The European Social Charter include:
1. freedom of meeting, association and establishing unions;
2. the right to education;
3. social rights (social security, pensions, medical services).
In the paper "Legal Sociology”, Mrs. Professor Sofia Popescu treats the
sociology of human rights and when she refers to the rights from the third
generation of social rights she presents Norberto Bobbio's view, which
asserted the importance of research “ for applying effective legal rules which
affirm, recognize, define and assign human rights. It was given the example
of the rules from the Italian Constitution which enshrines social rights
which were called bashful as "programmatic" and that do not command,
prohibit and allow hic et nunc, but command, prohibit and allow for future,
without a certain overdue " 2
The same situation is found in the Romanian legal system and this way it
appears to be more legitimate and interesting the question regarding the
nature of these rights: they have the nature of rights in themselves or of
moral or political goals, of some good intentions and goals of the future?
The same author, based on the above considerations, "inclined to mark a
distinction between a right of strong sense, involving claims that enjoy
effective legal protection and rights in a weak sense, marking a historical
process that interests the sociologist of law. It is a process of transition, in a
first phase from an unwritten system of rights in a weak sense, in
conformity with the rules of natural or moral rules, to a system of rights, in a
strong sense, consecrated by the positive right of national states that, later,
which is actually now, is due to the emergence of international documents
on human rights and there will be a reverse pass from a system of strong
human rights, such as the ones recognized by national states to a system of
human rights, in a weak sense, like the international one is.”3
THE THIRD GENERATION OF HUMAN RIGHTS
In this category we can identify the so called solidarity rights, rights which
can not be exerted only by an individual, but only collectively, like:
1. the right of people to self-determination;
2
Sofia Popescu, Legal Sociology, Ed. Lumina Lex, Bucharest, p.149
3
Sofia Popescu, op. cit. p.149-150
6. Dny práva – 2009 – Days of Law: the Conference Proceedings, 1. edition.
Brno : Masaryk University, 2009, ISBN 978-80-210-4990-1
2. the right to peace;
3. the right to development;
4. the right to humanitarian assistance;
5. environmental law;
6. the right of sexual minorities, ethnic, religious, linguistic, etc.
These rights have a positive consecration, generally in international law.
The rights in this category can not be exerted individually, but only by
groups or collectivities of people. The third generation rights require not
only the need to create an institutional support by the State, but, as in the
case of second generation rights, they need to restrict the first generation of
rights, through a so called “positive discrimination”, in the sense that these
rights , like the rights of any minority, require a limitation of rights of first
generation. The environmental law allows social groups to live in a healthy
environment, clean, without harmful agents to health but, in the same time,
involves a number of limitations of rights of first or second generation, like
owning a forest or the right to work.
Interestingly, regarding the right to environment is the jump which tends to
do to the legal status of human beings, hypostasis in which environmental
law would become a science of law, fundamental, subordinating all other
branches of legal science. The doctrine about the environmental right, talks
about these rights as “rights of future generations”. We appreciate that they
should be seen within the tendency of assertion of the rights of the fourth
generation of rights, because right now, the rights of future generations are
only some developments trying to crystallize in the form of solidarity rights.
In the Romanian environmental law through the Water Law no. 137/1995
(subsequently repealed by Emergency Ordinance no. 195 of December 22,
2005) on environmental protection, we find an express reference to the
rights of future generations, when the legislature defining the concept of
"sustainable development" said that it is "a development that meets the
needs of present without compromising the ability of future generations to
meet theirs "- (Art. 1)
There are laws that recognize different and in some proportions, the
existence and exercise of this kind of rights, environmental rights, rights of
minorities. Romania is one of the countries that have recognized the great
importance of third generation rights. We have the right to environment, the
right of ethnic and sexual minorities (their substantial base being put after
1990, in the approach to join the Council of Europe and integration in the
European Union, and harmonization of national legislation with
international documents of the two regional organizations).
7. Dny práva – 2009 – Days of Law: the Conference Proceedings, 1. edition.
Brno : Masaryk University, 2009, ISBN 978-80-210-4990-1
THE FOURTH GENERATION OF SUBJECTIVE RIGHTS
In this category are included the so called “rights related to genetic
engineering”, rights which are on the doctrinal debate in what regards their
recognition or prohibition of certain activities.
We could put in the same category the so called rights of future generations,
as well as rights that can not belong to an individual nor to social groups,
including nations, they belong only to humanity as a whole. The rights of
humanity would treat the common assets of the whole humanity.
In the same category it is possible to insert rights deriving from exploration
and exploitation of cosmic space. In the classic way it is considered that
rights related to genetics can be classified as belonging to this last
generation of rights, but even if fourth generation in itself is challenged as
existence. In doing so, there are identified rights that ensure the inviolability
of individual rights and unavailability of human body in terms of
development of medical science, of genetics.
Studying the human genome, genetic manipulation, in vitro fertilization,
experiences with human embryos, euthanasia and eugenics are activities that
can generate complicated legal issues, ethical, moral and even religious,
reason for which public opinion has led States to deal with regulation of
these issues. The European Council recommends to member states to adopt
principles which will govern the relation between genetic engineering and
human rights, in such a way that the right to life and dignity would be
understood as a right over genetic characteristics of a person.
(Recommendation 934/1982).
Thus, each person has its right to life, dignity, personal identity, closely
linked to its genetic type configuration, unique, right which it can transmit
as genetic heritage to descendants, without being subject to genetic
manipulation. From this perspective, human organ donation is prohibited.
In the same time, taking into consideration the principles of inviolability of
a person and unavailability of human body, it must be accepted that genetic
engineering can be applied for therapeutic purposes to treat and eliminate
genetic diseases.
The central idea is that human being should not be genetically influenced, in
any way. There are mentioned Nazi ideas about the superiority of a race
which required the elimination of others, ideas embodied legal (and factual)
in laws of euthanasia of mentally ill, the sterilization of persons with
hereditary abnormalities, the bastards sterilization or prohibiting interethnic
marriages. Just to avoid doing the same thing in history, the international
community has proclaimed the fact that human genome is part of the human
heritage.
The UNESCO Declaration on human genome from 1997:
8. Dny práva – 2009 – Days of Law: the Conference Proceedings, 1. edition.
Brno : Masaryk University, 2009, ISBN 978-80-210-4990-1
1. stipulates the compulsoriness of the international community to protect
the human genome, the right to genetic identity of a person entitled to the
banning of cloning;
2. stipulates the obligation of States to defend the person and its dignity,
regardless of its genetic characteristics;
3. stipulates limits of intervention on a person's genetic characteristics,
subordinated to medical purposes, that concern human health;
4. the respect of humans ego from conception to real death.
In the debate are issues of assisted euthanasia (the right to die in peace and
dignity), maintaining artificial life after brain death, sterilization, fetal
status, infanticide (late abortion)4
.
MULTIPLICATION AND INSTIUTTIONALIZATION OF NEW
RIGHTS
In their historical evolution, mentioned earlier in this paper, it is estimated
that human rights have passed through four different processes:
1. of positivation.
2. of generalization.
3. of internationalization.
4. of specialization.
After the second world war, as a response to atrocities of the war and to
affecting of human person, both in civil society, as well as in institutional,
national and international level, humanity has sought to assert its valences
and to obtain legal recognition and protection of its sacred values. So,
appeared more demands from the individual, as well as from groups of
individuals, demands which evolved and took up the legal form of
subjective rights, the State recognizing and protecting them .
What is characteristic of the postwar period is the multiplying and
institutionalization of human rights. In the doctrine5
this legal and factual
reality is undergoing critics:
4
See in the same sense, Duculescu Victor, Juridical protection of human rights. Internal and
international means, Ed. Lumina Lex, p. 294-306
5
Sofia Popescu, Legal State in contemporary debates, Ed. Academiei Romane, Bucharest,
1998, p. 153-159; Henri Oberdoff, Droit de l’homme et libertes fondamentales, Ed.
Armand Colin, Dalloz, Paris, 2003, p.13
9. Dny práva – 2009 – Days of Law: the Conference Proceedings, 1. edition.
Brno : Masaryk University, 2009, ISBN 978-80-210-4990-1
1. it is considered as threatening the existence of legal States, weakening its
authority;
2. the institutionalization of some rights would attract inefficiency of others;
3. the apparition of a conflict between different generations of rights.
Under the name of human rights there were to be affirmed, recognized and
protected in national and international level, a number of rights of first and
second generation rights. Subsequently, the concept of human rights had to
be included rights of the third generation.
From the generations of rights only a part was defined as human rights.
After a socio-legal criterion, the latter are different from the other subjective
rights for two reasons:
1. they are fundamental rights, absolutely essential for human beings, as
individuals or members of a community, rights recognized at an
international level;
2. secondly, these are “models destined to convince, lacking any sanction,
enjoying approval and spontaneous support, motivated by ethical values”. In
the category of human rights, we can identify the rights from the first
generation like: the right to life, personal safety, the right to property and
rights from the second generation like: socio-economical rights or freedom
rights (freedom of association) or from the third generation (minorities’
rights, the right to an environment).
On the other hand, the doctrine 6
says that we are facing two tendencies:
a. of creating new subjective rights ( of children, old persons, sick people,
those with disabilities);
b. of creating new subjects of rights (the case of animals, environment,
human specie). These tendencies are affronting the classical conception of
subjective rights and cause reflection to the anticipation of future.
THE CONFLICT BETWEEN GENERATIONS OF RIGHTS
As shown above, the process of multiplication of rights led to the emergence
of some frictions, of a conflict between them. Thus, the generation of social
economical rights, which requires intervention and support of the state in
the economy, for example, limits the rights of first generation and the right
to property or rights that limit the power of the state (the issue of new taxes
and control over their establishment). Or for example, the right to
instruction, education, and freedom of scientific research come into conflict
6
Silvia Castignone, op.cit. p.200
10. Dny práva – 2009 – Days of Law: the Conference Proceedings, 1. edition.
Brno : Masaryk University, 2009, ISBN 978-80-210-4990-1
with the field of genetic manipulation; the right to security of a person
comes into conflict with the right to privacy.
It is estimated that the conflict between subjective rights of different
generations or between them and those human goals which tend to jurisdize
(fourth generation of rights) is a factor of crisis, a potential danger to the
rule of law. The universal nature of subjective rights, qualified as human
rights makes them have a transnational relevance, which involves treating
them at an international level, beyond the position of the State in question.
It is estimated that the situation of conflict between rights is of two types:
1. conflicts opposing different conceptions about one and the same
fundamental right;
2. conflicts that arise from the inability to protect or exercise a fundamental
right, without violating another fundamental right;
It is very possible that the exercise of a fundamental right can not be
plenary, without limitation of another fundamental right: the right to
technological development within environmental law, the right to work, in
relation to the right to social security. According to Mrs. Professor Sofia
Popescu conflicts between different generations of subjective rights and
fundamental rights are explained by the fact that they come from different
social interests, protected by different rights and from the rivalry between
the values that are protected by various fundamental rights to protect their
"existence of second-generation rights (economical, social, cultural) and
involves massive state legislature, are endangering the first generation of
human rights (political and civil rights).7
So, the concern and obligation to organize the equilibrium of the exercise of
subjective rights go to the State (and not only, also to the civil societies
which may bring their own contribution). They must bring accord between
the persons’ interests (civil and political rights of first generation of rights)
and the communities’ interests (social solidarity rights from the second
generation of rights). Such a State is the State of Rights and in a modern
conception The Social State of Rights.
The subjective rights of an European citizen, mentioned in the Unions’
Charter of fundamental rights, which belongs to the Treaty of European
Constitution, are recognized in the spirit of society’s evolution, social
progress and scientific and technological development and, also, in
7
Sofia Popescu, General Theory of Rights, Ed. Lumina Lex, Bucharest, 2000, p.356
8
See the Treaty of institution of a Constitution for Europe, Ed. of the European Institute
from Romania, Bucharest, 2005, p. 17, 19, 41.
11. Dny práva – 2009 – Days of Law: the Conference Proceedings, 1. edition.
Brno : Masaryk University, 2009, ISBN 978-80-210-4990-1
considering the responsibilities and duties which they imply for a third party
and for the human community and future generations.8
Contact – email
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