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12

UNIT 1

WHAT ARE HUMAN RIGHTS?

Human rights are what reason requires and conscience demands.

They are us and we are them. Human rights are rights that any

person has as a human being. We are all human beings; we are all

deserving of human rights. One cannot be true without the other.

Kofi Annan, Secretary-general

of the United Nations

Brainstorm : 1.What qualities define a human being?

2. Make the list of words and expressions to describe qualities of a human being.

3. What is needed in order to protect, enhance, and fully develop these qualities

of a human being?

Discuss:

  1. What does it mean to be fully human? How is that different from just "being alive" or "surviving"?

  2. What do people need to live in dignity?

  3. Are all human beings essentially equal? What is the value of human differences?

  4. Can any of our "essential" human qualities be taken from us? For example, only human beings can communicate with complex language; are you human if you lose the power of speech?

  5. What happens when a person or government attempts to deprive someone of something that is necessary to human dignity?

  6. What would happen if you had to give up one of these human necessities?

Read these sentences from the Universal Declaration of Human Rights (UDHR) which sets the standard for how human beings should behave towards one another so that everyone’s human dignity is respected:

Recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of the freedom, justice, and peace in the world”.

Preamble Universal Declaration of Human Rights

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article1 Universal Declaration of Human Rights

What Is a Right?

Brainstorm for the many meanings "right" can have (e.g., "correct," "opposite of left," "just.") Consider common expressions like "We’re within our rights" or "You have no right to say that." Record these different meanings on the board. What is the meaning of "right" when we speak of a human right?

2. In small groups or all together, brainstorm a definition for human rights and write these possibilities on the board.

3. Write on the board this definition of human rights:

Human rights belong to all people regardless of their sex, race, color, language, national origin, age, class, religion, or political beliefs. They are universal, inalienable, indivisible, and interdependent.

  • What is meant by universality? By inalienable? By indivisible? By interdependent? Look up these terms in a dictionary or in A Human Rights Glossary.

4. Write "SURVIVAL/SUBSISTENCE," "HUMAN DIGNITY," and "CONVENIENCES AND LUXURIES" on another chart or blackboard. Discuss the meaning of these terms.

5. Discuss:

  • Should human rights address only what a human being needs to survive? Why or why not?

  • Should human rights also protect those things you classified under "conveniences and luxuries"? Why or why not?

  • Some people in the world have only what is necessary to survive while others have luxury and convenience. Is this situation just? Is it a human rights violation?

  • Can something be done to equalize the enjoyment of human dignity? Should something be done? If so, how? And by whom?

What Is a Universal Right?

Read the comments of Eleanor Roosevelt, Chair of the UN commission that drafted the UDHR, on the importance of universal human rights standards:

Where, after all, do universal rights begin? In small places, close to home so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighborhood he lives in; the school or college he attends; the factory, farm or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerned citizen action to uphold them close to home, we shall look in vain for progress in the larger world.( Eleanor Roosevelt The Great Question, 1958 )

2. Discuss this passage:

  • What do you think Eleanor Roosevelt means by "universal rights"?

  • Some people feel that universal values or standards of behavior are impossible. What do you think?

  • Why do you think the UN chose the word universal instead of the word international when naming the UDHR?

  • Paraphrase the final sentence of the quotation. What does it say about individual responsibility for human rights? What do you think Eleanor Roosevelt means by "concerned citizen action to uphold" rights close to home?

  • Explaine the concepts of moral, legal, and natural rights. Are human rights necessarily legal rights?

  • "What does it mean to be alive?"

  • When does life begin? When does life end?

  • Should the right to be living ever be taken away by the state?

  • Is the right to live a human right?

  • When do human rights begin and end?

4. Discuss the relationship between human dignity, human rights, and the concept of "humane treatment."

What is a right?

In your own words explain human rights.

Define human rights.

 Here are some words or phrases you may wish to use in the definition:

  1. protects,

  2. individual(s),

  3. injustice,

  4. group(s),

  5. full potential,

  6. active,

  7. society,

  8. responsibility,

  9. respect,

  10. moral and legal obligation,

  11. groups,

  12. nation(s).

Human rights are a modern concept, yet they are an integral part of human history. Finding examples of human rights abuses is easy throughout history, from the ancient world to the modern one. 

Characteristics of human rights

Human rights do not have to be bought, earned or inherited; they belong to people simply because they are human. Human rights are inherent to each individual.

 Human rights are the same for all human beings regardless of race, sex, religion, political or other opinion, national or social origin. We are all born free, and equal in dignity and rights— human rights are universal.

 Human rights cannot be taken away; no one has the right to deprive another person of them for any reason. People still have human rights even when the laws of their countries do not recognise them, or when they violate them - for example, when slavery is practiced, slaves still have rights even though these rights are being violated. Human rights are inalienable.

 To live in dignity, all human beings are entitled to freedom, security and decent standards of living concurrently. Human rights are indivisible. 

Categories of rights 

Rights can be put into three categories:

 1. Civil and political rights (also called first generation rights). These are "liberty-orientated" and include the rights to life, liberty and security of the individual; freedom from torture and slavery; political participation; freedom of opinion, expression, thought, conscience and religion; freedom of association and assembly. 

2. Economic and social rights (also called second generation rights). These are "security-orientated" rights, for example the rights to work; education; a reasonable standard of living; food; shelter and health care.

 3. Environmental, cultural and developmental rights (also called third generation rights). These include the rights to live in an environment that is clean and protected from destruction, and rights to cultural, political and economic development.

When we say that each person has human rights, we are also saying that each person has responsibilities to respect the human rights of others.

  Human rights should be adopted and applied by all people and nations always. However, to adopt and apply human rights we need to be aware of, and own the basic principles of the Universal Declaration of Human Rights.

 To do this we need to have a constant dialogue. The dialogue is necessary because the way human rights issues and abuses arise is ever changing. For example, the rise of the Internet has meant that the issues of freedoms, especially freedom of speech, are being re-defined.

All thinking people abhor what the Nazi party did to many groups of people in the concentration camps, their censorship of thought and state control. Yet, under freedom of speech neo-Nazis and white supremacists are present on the Internet. Should they be banned?

If your answer is yes, are you impinging on their basic human right even though their actions and beliefs are outside the Universal Declaration of Human Rights. Tolerance is a key factor to freedom of speech and therefore human rights.

 It is constant dialogue that allows us to be aware of the issues and abuses. It is constant dialogue that allows us to formulate and implement actions. It is constant dialogue which allows us always to promote and protect human rights.

A clear understanding

 In the introduction you were given some words to make up your own definition of a right. Here are some definitions of a right:

A right protects individuals or groups from injustice; it allows individuals to grow to their full potential as a positive and active member of their society; it is a responsibility that each person or group has to others; and it is about respect of oneself and others. A right creates a moral and legal obligation that nations and people must fulfill.

Human rights (natural rights) are rights which some hold to be "inalienable" and belonging to all humans, according to natural law. Such rights are believed, by proponents, to be necessary for freedom and the maintenance of a "reasonable" quality of life.

If a right is inalienable, that means it cannot be bestowed, granted, limited, bartered away, or sold away (e.g., one cannot sell oneself into slavery). The issue of which rights are inalienable and which are not (or whether any rights are inalienable rather than granted or bestowed) is an ancient and ongoing controversy.

Human rights are the rights a person has simply because he or she is a human being.

Rights that 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, applying to all human beings everywhere, and as fundamental, referring to essential or basic human needs.

Human rights have been classified historically in terms of the notion of three “generations” of human rights. The first generation of civil and political rights, associated with the Enlightenment and the English, American, and French revolutions, includes the rights to life and liberty and the rights to freedom of speech and worship. The second generation of economic, social, and cultural rights, associated with revolts against the predations of unregulated capitalism from the mid-19th century, includes the right to work and the right to an education. Finally, the third generation of solidarity rights, associated with the political and economic aspirations of developing and newly decolonized countries after World War II, includes the collective rights to political self-determination and economic development. Since the adoption of the Universal Declaration of Human Rights in 1948, many treaties and agreements for the protection of human rights have been concluded through the auspices of the United Nations, and several regional systems of human rights law have been established. In the late 20th century ad hoc international criminal tribunals were convened to prosecute serious human rights violations and other crimes in the former Yugoslavia and Rwanda. The International Criminal Court, which came into existence in 2002, is empowered to prosecute crimes against humanity, crimes of genocide, and war crimes.

When should human rights be promoted and protected by people and nations?

 The answer is always.

 Every day, in countries all over the world, people live under difficult, life-threatening circumstances caused by human rights abuses, war, polluted environments, disease, famine, and poverty, to name a few.

 For you to promote and protect human rights you need to have commitment. Commitment is about giving. When it comes to human rights, how much are you willing to give to achieve the dialogue that is necessary to protect and promote these rights. Without commitment you can not protect your own human rights or bring about change.

Gandhi says, "You must be the change you wish to see in the world." This commitment can be shown in a number of ways, including attending meetings and rallies, designing Internet sites and joining human rights organisations.

 Further, your commitment sows the seeds of peace in many ways: by fighting ignorance, by increasing awareness of what constitutes a human right and by promoting preventive measures.

 The goal is to help create a world all people have the opportunity to reach their full potential.

The term human rights is a relatively new one in history, yet human rights abuses and issues have been around for many centuries. History is littered with examples. For many reasons the United Nations adopted and proclaimed resolution 217 A (III) on the 10th of December 1948. This resolution was the Universal Declaration of Human Rights.

 The United Nations document Universal Declaration of Human Rights, is a product of its time. There are notable omissions, such as indigenous peoples and children, and the language used is full of gender bias. Notwithstanding these, the Declaration is one of the most important international documents because it has influenced law-making, how organisations and institutions operate, personal and collective actions, values, attitudes and beliefs about human rights.

 The Universal Declaration of Human Rights identifies many rights. Here are some examples:

  • life, liberty and security of person

  • freedom from slavery and servitude

  • freedom from torture, or cruel, inhuman or degrading treatment or punishment

  • equality before the law (isonomia)

  • not being subjected to arbitrary arrest, detention or exile

  • freedom of movement and residence

  • nationality

  • the right to marriage and to found a family

  • freedom of thought, conscience and religion

  • peaceful assembly and association

  • work

  • health

  • education.

 In the years since it was written it has become the measure by which people can judge what human rights are and therefore what constitutes abuses of, and issues surrounding, these rights.

 The study of human rights is laden with values and attitudes and these need to be confirmed or confronted. There are no easy ways to avoid the horrific evidence of abuses, the consequences of which some people live with every minute of every day.

 If we want a world where human rights abuses are consigned to history, then it is up to all people, as individuals, communities and nations to be vigilant, and knowledgeable about human rights. 

 As Mahatma Gandhi said, "You must be the change you wish to see in the world." 

 It is easy to find examples of human rights abuses or issues. Here are some:

  • 1900s: In different times throughout this period, the segregation of people based on colour in the United States of America and Australia or the apartheid regime of South Africa

  • 1940s:1950s The Gulags of Russia

  • 1960s:1970s Chemical warfare in Vietnam

  • 1970s: Attempted genocide by Idi Amin in Uganda and Pol Pot's "killing fields" in Cambodia

  • 1980s: Attempted genocide of Kurds in Iraq

  • 1990s: Ethnic cleansing in Kosovo or militia violence in Timor

  • The use of child labour

  • Implementation of mandatory sentencing in some nations

  • Disadvantages girls face in education because they are girls

  • Not all nations have universal suffrage

  • Many people are victims of racism

 It is estimated that at least 60 million people have died or been maimed (emotionally and physically) in wars and human rights abuses since 1945. The number of victims continue to climb.

 But the number of people promoting human rights through education and the media, the growth of organisations protecting people through action such as Amnesty International or Doctors without Borders, and government legislation, such as human rights and equal opportunity acts, reflect the impact of Universal Declaration of Human Rights since its adoption and proclamation.

 The Universal Declaration of Human Rights has become a standard by which the dignity and worth of the human person can be measured.

Active vocabulary

  1. recognition of the inherent dignity – визнання невід’ємної гідності

  2. equal and inalienable rights – рівні та невід’ємні права

  3. endowed with reason and conscience – наділені розумом та сумлінням

  4. in a spirit of brotherhood – у дусі братерства

  5. national origin – національне походження

  6. political beliefs – політичні переконання

  7. universal – всезагальний

  8. indivisible – неподільний

  9. interdependent – взаємозалежний

  10. survival – виживання

  11. subsistence – існування

  12. human dignity – людська гідність

  13. conveniences and luxuries – вигоди та розкоші

  14. human rights violation – порушення прав людини

  15. the enjoyment of human dignity – володіння людською гідністю

  16. equal justice – рівне правосуддя

  17. equal opportunity – рівна можливість

  18. discrimination – дискримінація

  19. concerned citizen action – дії зацікавлених громадян

  20. uphold, v захищати; заохочувати

  21. humane treatment – гуманне поводження (ставлення)

  22. individual – особа, людина

  23. injustice – несправедливість

  24. full potential – повна можливість

  25. responsibility – відповідальність

  26. moral and legal obligation – моральний та законний обов’язок

  27. deprive smb. of rights – позбавляти кого-небудь прав

  28. violate, v – порушувати

  29. slavery – рабство

  30. be entitled to freedom – мати право на свободу

  31. decent standards of living – гідні стандарти життя

  32. concurrently – одночасно

  33. apply, v – виконувати

  34. be aware of – знати

  35. human rights issues and abuses – проблеми прав людини та зловживання

  36. abhor, v – ненавидіти

  37. supremacy – зверхність, вищість

  38. impinge on smb.`s rights – посягати на ч.-н. права

  39. fulfill, v – виконувати

  40. implement actions – здійснювати дії

  41. natural law – природне право

  42. proponent – захисник, прибічник

  43. reasonable quality of life – прийнятна якість життя

  44. bestow, v – дарувати

  45. grant, v – наділяти

  46. limit, v – обмежувати

  47. barter away, v – промінювати (на що-небудь менш цінне)

  48. natural rights – природні права

  49. concept – поняття, концепція

  50. capability – можливість

  51. diversity – різноманіття

  52. be conceived of as – бути задуманим як

  53. applying to all human beings – маючий відношення до всіх людей

  54. in terms of – з точки зору

  55. notion – поняття

  56. freedom of worship – свобода сумлінності

  57. solidarity rights – права згуртованості (солідарності)

  58. aspiration – прагнення

  59. conclude treaties – укладати договори

  60. through the auspices of the United Nations – під заступництвом ООН

  61. convened to prosecute – призваний переслідувати у судовому порядку

  62. ad hoc – для цього випадку

  63. empowered – уповноважений

  64. genocide - геноцид

  65. war crimes – військові злочини

  66. famine – голод

  67. human rights abuse – зневага прав людини

  68. commitment – відданість, вірність

  69. rally – збори

  70. awareness – усвідомлення

  71. ignorance – неосвіченість

  72. litter, v - смітити

  73. indigenous peoples - тубільні народи

  74. gender bias – статеві упередження

  75. servitude – рабство, невільництво

  76. arbitrary arrest – умовний арешт

  77. detention – затримання

  78. exile – вигнання

  79. consign, v – віддавати, передавати

  80. segregation – відділення, виділення

  81. apartheid – расова ізоляція (апартеїд)

  82. warfare - війна, боротьба

  83. genocide – геноцид

  84. ethnic cleansing – етнічне чищення

  85. militia violence – насилля з боку міліції

  86. child labour – дитяча праця

  87. universal suffrage – всезагальне виборче право

  88. maim, v – калічити

  89. laden – навантажений

  90. horrific – жахливий

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