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WHAT ARE HUMAN RIGHTS?

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WHAT ARE HUMAN RIGHTS? Claim to a benefit that everyone should have - universal domain (all people everywhere) - equal rights - claims against governments – PowerPoint PPT presentation

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Title: WHAT ARE HUMAN RIGHTS?


1
WHAT ARE HUMAN RIGHTS?
  • Claim to a benefit that everyone should have-
    universal domain (all people everywhere)- equal
    rights- claims against governments
  • General form of a rights-based claim
  • Logical relationship between two agents (x) and
    (y) and a condition (z)
  • Specification of a rights-holder/s (x), duty
    holder/s (y) condition (z)
  • CONDITION
  • RIGHTS OBLIGATIONS
  • Human rights
  • Subset rights-holders human beings,
    duty-holders governments, conditions
    fundamental human freedoms

FUNDAMENTAL FREEDOMS HUMAN GOVERNMENT
RIGHTS OBLIGATIONS
2
BASIS OF THE JUSTIFICATION OF HUMAN RIGHTS
  • Human rights justified in terms of a theory (T)
    which specifies
  • the class of claims to be regarded as human
    rights
  • which agents have obligations to fulfil the human
    rights
  • The theory (T) could be a philosophical or
    ethical theory, a political theory or a legal
    theory
  • e.g. the basis of the justification might relate
    to moral arguments, to political agreements by
    governments, or international human rights law
  • The class of human rights justified by the theory
    might be narrow or broad
  • Narrow theories focus on civil and political
    liberties
  • Broad theories focus on a broader class of human
    rights and take account of poverty, hunger and
    starvation
  • The obligations of governments might be negative
    obligations (of omission or restraint) or
    positive obligations (of assistance and aid)

3
LINKING THE IDEA OF CAPABILTIY EXPANSION AND
THE IDEA OF HUMAN RIGHTS
  • Ways in which Sens research agenda goes
    beyond the human development paradigm by
    providing a framework for thinking about human
    rights

4
KEY INTERNATIONAL TREATIES IN THE FIELD OF HUMAN
RIGHTS
5
THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
RECOGNITION OF HUMAN RIGHTS
ADEQUATE STANDARD OF LIVING FREEDOM FROM HUNGER
Article 11 (1) States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing (2) The fundamental right of everyone to be free from hunger
ACCESS TO HEALTH CARE
Article 12 The right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
EDUCATION
Articles 1314 The right of everyone to education. Compulsory primary education, free of charge
RECOGNITION OF THE OBLIGATIONS
Article 2 Each State party undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realisation of the rights recognised in the present Covenant by all appropriate means, including the adoption of legislative measures.
6
UK HUMAN RIGHTS ACT, 1998. SECTION 1 (CONVENTION
RIGHTS)
  • INDEX OF RIGHTS
  • Life
  • Torture
  • Slavery and forced labour
  • Liberty and security
  • Fair Trial
  • Punishment under the law
  • Private family life
  • Freedom of Expression/Assembly/Association
  • Non-discrimination
  • Political Activity
  • Abuse of Rights
  • Property
  • Education
  • Free Elections
  • Death Penalty

7
CONSTITUTION OF SOUTH AFRICA (1996) CHAPTER 2
(BILL OF RIGHTS)
INDEX OF SECTIONS 7. Rights 8. Application 9.
Equality 10. Human Dignity 11/12 Life, Freedom
and Security of the Person 13. Slavery, Servitude
and Forced Labour 14. Privacy 15. Freedom of
Religion, Belief and Opinion 16. Freedom of
Expression 17. Assembly, Demonstration, Picket
and Petition 18. Freedom of Association 19.
Political Rights 20. Citizenship 21. Freedom of
Movement and Residence 22. Freedom of Trade,
Occupation and Profession 23. Labour
Relations 24. Environment 25. Property 26.
Housing 27. Health Care, Food Water and Social
Security 28. Children 29. Education 30/31
Language, Culture and Linguistic and other
Communities 32. Access to Information 33. Just
Administrative Action 34. Access to Courts 35.
Arrested, detained and Accused Persons 36/37.
Limitation of Rights and States of
Emergency 38/39. Enforcement and Interpretation
8
JURISPRUDENCE OF S.A. CONSTITUTIONAL COURT
  • Article 27 (Health care, food and water and
    social security) (1) Everyone has the right to
    have access to a.health care services, including
    reproductive health care b.sufficient food and
    water and c.social security, including, if they
    are unable to support themselves and their
    dependants, appropriate social assistance. (2)
    The state must take reasonable legislative and
    other measures, within its available resources,
    to achieve the progressive realisation of each of
    these rights. (3) No one may be refused emergency
    medical treatment.
  • Hundreds of thousands of people are living
    in deplorable conditions throughout the country.
    The Constitution obliges the State to act
    positively to ameliorate these conditions. The
    obligation is to provide access to housing,
    health-care, sufficient food and water, and
    social security to those unable to support
    themselves and their dependentsThose in need
    have a corresponding right to demand that this be
    done.
  • It is an extremely difficult task for the
    State to meet these obligations in the conditions
    that prevail in our country...This is recognised
    by the Constitution which expressly provides
    that the State is not obliged to go beyond
    available resources or to realise these right
    immediatelyDespite all these qualifications,
    these are rights, and the Constitution obliges
    the State to give effect to them. This is an
    obligation that Courts can and in appropriate
    circumstances, must enforce.

9
Questions
  • What are human rights?
  • Why are they important?
  • Does everyone have them?
  • What if different countries have different rules?
  • Does everyone deserve human rights?
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