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˜




  
  


¯atural and legal rights

Claim rights and liberty rights
¯egative and positive rights
Individual and Group rights

—


 


Three generations
Civil and political
Economic, social and cultural

˜  


Animals —


Men Women
Fathers Mothers
Children Youth Fetuses Students
 Indigenous Minorities LGBT

  
 


Authors' Digital Labor

Linguistic Reproductive

v‡d‡e

—

are "basic rights and freedoms to which all humans are entitled."[1] Proponents of
the concept usually assert that all humans are endowed with certain entitlements merely by
reason of being human.[2] Human rights are thus conceived in a universalist and egalitarian
fashion. Such entitlements can exist as shared norms of actual human moralities, as justified
moral norms or natural rights supported by strong reasons, or as legal rights either at a national
level or within international law.[3] However, there is no consensus as to precise nature of what in
particular should or should not be regarded as a human right in any of the preceding senses, and
the abstract concept of human rights has been a subject of intense philosophical debate and
criticism.

The modern conception of human rights developed in the aftermath of the Second World War, in
part as a response to the Holocaust, culminating in the signing of the Ú

 
 
 
 
 by the United ¯ations General Assembly in 1948. However, while the phrase
"human rights" is relatively modern the intellectual foundations of the modern concept can be
traced through the history of philosophy and the concepts of natural law rights and liberties as far
back as the city states of Classical Greece and the development of Roman Law. The true
forerunner of human rights discourse was the enlightenment concept of natural rights developed
by figures such as John Locke and Immanuel Kant and through the political realm in the in the
Ú




 and the 
 
 

  



.

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.
²Article 1 of the United ¯ations Universal Declaration of Human Rights (UDHR)[4]

  

[hide]

ám 1 History
ám 2 International law
Êm 2.1 Universal Declaration of Human Rights
 Êm 2.2 Treaties
Êm 2.3 Humanitarian Law
Êm 2.4 Universal Jurisdiction
ám 3 International organizations
Êm 3.1 United ¯ations
Mm 3.1.1 Human Rights Council
Mm 3.1.2 Security Council
Mm 3.1.3 Other U¯ Treaty Bodies
Êm 3.2 ¯ongovernmental Organizations
ám 4 Regional human rights
Êm 4.1 Africa
Êm 4.2 Americas
Êm 4.3 Asia
Êm 4.4 Europe
Êm 4.5 Oceania
ám 5 Philosophies
Êm 5.1 ¯atural rights
Êm 5.2 Social contract
Êm 5.3 Reciprocity
Êm 5.4 Soviet concept of human rights
Êm 5.5 Other theories of human rights
ám { Critiques of human rights
Êm {.1 Marxist Critique of Human Rights
ám ’ Concepts in human rights
Êm ’.1 Indivisibility and categorization
Mm ’.1.1 Indivisibility
Mm ’.1.2 Categorization
Êm ’.2 Universalism vs. cultural relativism
Êm ’.3 State and non-state actors
Êm ’.4 Theory of value and property
ám 8 Legal issues
Êm 8.1 Human rights vs. national security
Êm 8.2 Human rights violations
ám 9 Currently debated rights
Êm 9.1 Environmental rights
Êm 9.2 Future generations
Êm 9.3 Lesbian, Gay, Bisexual, Transgender (LGBT) rights
Êm 9.4 Trade
Êm 9.5 Water
Êm 9.{ Crime and Punishment
Êm 9.’ Fetal rights
Êm 9.8 Reproductive rights
Êm 9.9 Medicine
ám 10 See also
ám 11 References
ám 12 Bibliography
 ám 13 External links

i —





 


The Magna Carta was issued in England in 1215.

Although ideas of rights and liberty have existed for much of human history, it is unclear how
much such liberties can be described as "human rights" in the modern sense. The concept of
rights certainly existed in pre-modern cultures; ancient philosophers such as Aristotle wrote
extensively on the rights (

 in ancient Greek, roughly a "just claim") of citizens to
property and participation in public affairs. However, neither the Greeks nor the Romans had any
concept of universal human rights; slavery, for instance, was justified both in ancient and modern
times as a natural condition.[5] Medieval charters of liberty such as the English Magna Carta were
not charters of human rights, let alone general charters of rights. They instead constituted a form
of limited political and legal agreement to address specific political circumstances, in the case of
Magna Carta later being mythologised in the course of early modern debates about rights.[{]

Much of modern human rights law and the basis of most modern interpretations of human rights
can be traced back to relatively recent European history. The Twelve Articles of the Black Forest
(1525) are considered to be the first record of human rights in Europe. They were part of the
peasants' demands raised towards the Swabian League in the Peasants' War in Germany. The
British Bill of Rights (or ³An Act Declaring the Rights and Liberties of the Subject and Settling
the Succession of the Crown´) of 1{89 made illegal a range of oppressive governmental actions
in the United Kingdom. Two major revolutions occurred during the 18th century, in the United
States (1’’{) and in France (1’89), leading to the adoption of the United States Declaration of
Independence and the French Declaration of the Rights of Man and of the Citizen respectively,
both of which established certain legal rights. Additionally, the Virginia Declaration of Rights of
1’’{ encoded a number of fundamental civil rights and civil freedoms into law.

 
 

  



approved by the ¯ational Assembly of
France, August 2{, 1’89.
We hold these truths to be self-evident, that all men are created equal, that they

¬ are endowed by their Creator with certain unalienable Rights, that among these
are Life, Liberty and the pursuit of Happiness. 
²United States Declaration of Independence, 1’’{

These were followed by developments in philosophy of human rights by philosophers such as

Thomas Paine, John Stuart Mill and G. W. F. Hegel during the 18th and 19th centuries. The term
 
 probably came into use sometime between Paine's 

 and William
Lloyd Garrison's 1831 writings in 


 saying he was trying to enlist his readers in "the
great cause of human rights"[’]

In the 19th century, human rights became a central concern over the issue of slavery. A number
of reformers such as William Wilberforce in Britain, worked towards the abolition of slavery.
This was achieved in the British Empire by the Slave Trade Act 180’ and the Slavery Abolition
Act 1833. In the United States, many northern states abolished their institution of slavery by the
mid 19th century, although southern states were still very much economically dependent on slave
labour. Conflict and debates over the expansion of slavery to new territories culminated in the
southern states' secession and the American Civil War. During the reconstruction period
immediately following the war, several amendments to the United States Constitution were
made. These included the 13th amendment, banning slavery, 14th amendment, assuring full
citizenship and civil rights to all people born in the United States, and the 15th amendment,
guaranteeing African Americans the right to vote.

Many groups and movements have managed to achieve profound social changes over the course
of the 20th century in the name of human rights. In Western Europe and ¯orth America, labour
unions brought about laws granting workers the right to strike, establishing minimum work
conditions and forbidding or regulating child labour. The women's rights movement succeeded in
gaining for many women the right to vote. ¯ational liberation movements in many countries
succeeded in driving out colonial powers. One of the most influential was Mahatma Gandhi's
movement to free his native India from British rule. Movements by long-oppressed racial and
religious minorities succeeded in many parts of the world, among them the African American
Civil Rights Movement, and more recent diverse identity politics movements, on behalf of
women and minorities in the United States.

The establishment of the International Committee of the Red Cross, the 18{4 Lieber Code and
the first of the Geneva Conventions in 18{4 laid the foundations of International humanitarian
law, to be further developed following the two World Wars.

The World Wars, and the huge losses of life and gross abuses of human rights that took place
during them were a driving force behind the development of modern human rights instruments.
The League of ¯ations was established in 1919 at the negotiations over the Treaty of Versailles
following the end of World War I. The League's goals included disarmament, preventing war
through collective security, settling disputes between countries through negotiation, diplomacy
and improving global welfare. Enshrined in its Charter was a mandate to promote many of the
rights which were later included in the Universal Declaration of Human Rights.

At the 1945 Yalta Conference, the Allied Powers agreed to create a new body to supplant the
League's role. This body was to be the United ¯ations. The United ¯ations has played an
important role in international human rights law since its creation. Following the World Wars the
United ¯ations and its members developed much of the discourse and the bodies of law which
now make up international humanitarian law and international human rights law.

i    




 
 
   
 

Modern international conceptions of human rights can be traced to the aftermath of World War II
and the foundation of the United ¯ations. Article 1(3) of the United ¯ations charter set out one
of the purposes of the U¯ is to: "[t]o achieve international cooperation in solving international
problems of an economic, social, cultural, or humanitarian character, and in promoting and
encouraging respect for human rights and for fundamental freedoms for all without distinction as
to race, gender, language, or religion".[8] The rights espoused in the U¯ charter would be
codified in the International Bill of Human Rights, composing the Universal Declaration of
Human Rights, the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights

i 
   —
˜





Ú

 
 
  


"It is not a treaty...[In the future, it] may well become the international Magna Carta."[9] Eleanor
Roosevelt with the Spanish text of the Universal Declaration in 1949.

The 
   —
˜
 —˜ is a non-binding declaration adopted by
the United ¯ations General Assembly[10] in 1948, partly in response to the atrocities of World
War II. Although the UDHR is a non-binding resolution, it is now considered to be a central
component of international customary law which may be invoked under appropriate
circumstances by national and other judiciaries.[11] The UDHR urges member nations to promote
a number of human, civil, economic and social rights, asserting these rights are part of the
"foundation of freedom, justice and peace in the world." The declaration was the first
international legal effort to limit the behaviour of states and press upon them duties to their
citizens following the model of the rights-duty duality.

...recognition of the inherent dignity and of the equal and inalienable rights of all

¬ members of the human family is the foundation of freedom, justice and peace in
the world 
²Preamble to the Universal Declaration of Human Rights, 1948

The UDHR was framed by members of the Human Rights Commission, with former First Lady
Eleanor Roosevelt as Chair, who began to discuss an  
 
  

 in 194’. The
members of the Commission did not immediately agree on the form of such a bill of rights, and
whether, or how, it should be enforced. The Commission proceeded to frame the UDHR and
accompanying treaties, but the UDHR quickly became the priority.[12] Canadian law professor
John Humprey and French lawyer René Cassin were responsible for much of the cross-national
research and the structure of the document respectively, where the articles of the declaration
were interpretative of the general principle of the preamble. The document was structured by
Cassin to include the basic principles of dignity, liberty, equality and brotherhood in the first two
articles, followed successively by rights pertaining to individuals; rights of individuals in relation
to each other and to groups; spiritual, public and political rights; and economic, social and
cultural rights. The final three articles place, according to Cassin, rights in the context of limits,
duties and the social and political order in which they are to be realized.[12] Humphrey and
Cassin intended the rights in the UDHR to be legally enforceable through some means, as is
reflected in the third clause of the preamble:[12]
 Whereas it is essential, if man is not to be compelled to have recourse, as a last

¬ resort, to rebellion against tyranny and oppression, that human rights should be
protected by the rule of law. 
²Preamble to the Universal Declaration of Human Rights, 1948

Some of the UDHR was researched and written by a committee of international experts on
human rights, including representatives from all continents and all major religions, and drawing
on consultation with leaders such as Mahatma Gandhi.[13][14] The inclusion of both civil and
political rights and economic, social and cultural rights[12][15] was predicated on the assumption
that basic human rights are indivisible and that the different types of rights listed are inextricably
linked. This principle was not then opposed by any member states (the declaration was adopted
unanimously, with the abstention of the Eastern Bloc, Apartheid South Africa and Saudi Arabia),
however this principle was later subject to significant challenges.[15]

The Universal Declaration was bifurcated into two distinct and different covenants, a Covenants
on Civil and Political Rights and another Covenant on Economic, Social and Cultural Rights.
Over the objection of the more developed states [Capitalist], which questioned the relevance and
propriety of such provisions in covenants on human rights, both begin with the right of people to
self-determination and to sovereignty over their natural resources. Then the two covenants go
different ways.[1{]

The drafters of the Covenants initially intended only one instrument. The original drafts included
only political and civil rights, but economic and social rights were added early. Western States
then fought for, and obtained, a division into two covenants. They insisted that economic and
social right were essentially aspirations or plans, not rights, since their realization depended on
availability of resources and on controversial economic theory and ideology. These, they said,
were not appropriate subjects for binding obligations and should not be allowed to dilute the
legal character of provisions honoring political-civil rights; states prepared to assume obligations
to respect political-civil rights should not be mitments[
]. There was wide agreement and
clear recognition that the means required to enforce or induce compliance with socio-economic
undertakings were different from the means required for civil-political rights.[1’]

Because of the divisions over which rights to include, and because some states declined to ratify
any treaties including certain specific interpretations of human rights, and despite the Soviet bloc
and a number of developing countries arguing strongly for the inclusion of all rights in a so-
called Ú

 
 , the rights enshrined in the UDHR were split into two separate
covenants, allowing states to adopt some rights and derogate others.[

 


] Though this
allowed the covenants to be created, one commentator has written that it denied the proposed
principle that all rights are linked which was central to some interpretations of the UDHR.[18][19]

[show]
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i  


In 19{{, the International Covenant on Civil and Political Rights (#˜) and the International
Covenant on Economic, Social and Cultural Rights ($&˜) were adopted by the United
¯ations, between them making the rights contained in the UDHR binding on all states that have
signed this treaty, creating human rights law.

Since then numerous other treaties (pieces of legislation) have been offered at the international
level. They are generally known as  


. Some of the most significant are:

ám Convention on the Elimination of All Forms of Racial Discrimination ($˜) (adopted

19{{, entry into force: 19{9) [2]
ám Convention on the Elimination of All Forms of Discrimination Against Women
($!() (entry into force: 1981) [3]
ám United ¯ations Convention Against Torture (!) (adopted 1984, entry into force:
1984) [4]
ám Convention on the Rights of the Child (˜) (adopted 1989, entry into force: 1989) [5]
ám International Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families (˜
() (adopted 1990, entry into force: 2003)

i —
 )

Original Geneva Convention in 18{4.





 

 





  

The "   

came into being between 18{4 and 1949 as a result of efforts by
Henry Dunant, the founder of the International Committee of the Red Cross. The conventions
safeguard the human rights of individuals involved in armed conflict, and build on the 1899 and
190’ Hague Conventions, the international community's first attempt to formalize the laws of
war and war crimes in the nascent body of secular international law. The conventions were
revised as a result of World War II and readopted by the international community in 1949.

The Geneva Conventions define what is today referred to as humanitarian law. The International
Committee of the Red Cross is the controlling body of the Geneva conventions.

i 
* 
  




Ú

 


 

Universal jurisdiction is a controversial principle in international law whereby states claim

criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries
of the prosecuting state, regardless of nationality, country of residence, or any other relation with
the prosecuting country. The state backs its claim on the grounds that the crime committed is
considered a crime against all, which any state is authorized to punish. The concept of universal
jurisdiction is therefore closely linked to the idea that certain international norms are erga omnes,
or owed to the entire world community, as well as the concept of jus cogens.[20]

i       


i  +  





Ú

 
 

The U¯ General Assembly

The  +  

 + is the only multilateral governmental agency with universally
accepted international jurisdiction for universal human rights legislation.[21] Human rights are
primarily governed by the United ¯ations Security Council and the United ¯ations Human
Rights Council, and there are numerous committees within the U¯ with responsibilities for
safeguarding different human rights treaties. The most senior body of the U¯ with regard to
human rights is the Office of the High Commissioner for Human Rights. The United ¯ations has
an international mandate to:

...achieve international co-operation in solving international problems of an

¬ economic, social, cultural, or humanitarian character, and in promoting and
encouraging respect for human rights and for fundamental freedoms for all without
distinction as to race, gender, language, or religion. 
²Article 1-3 of the United ¯ations Charter

i —
˜
 

United ¯ations Human Rights Council logo.




Ú

 
  
 


The United ¯ations —
˜

 , created at the 2005 World Summit to replace the
United ¯ations Commission on Human Rights, has a mandate to investigate violations of human
rights.[22] The Human Rights Council is a subsidiary body of the General Assembly[23] and
reports directly to it. It ranks below the Security Council, which is the final authority for the
interpretation of the United ¯ations Charter.[24] Forty-seven of the one hundred ninety-one
member states sit on the council, elected by simple majority in a secret ballot of the United
¯ations General Assembly. Members serve a maximum of six years and may have their
membership suspended for gross human rights abuses. The Council is based in Geneva, and
meets three times a year; with additional meetings to respond to urgent situations.[25]

Independent experts (!!
) are retained by the Council to investigate alleged human
rights abuses and to provide the Council with reports.

The Human Rights Council may request that the Security Council take action when human rights
violations occur. This action may be direct actions, may involve sanctions, and the Security
Council may also refer cases to the International Criminal Court (ICC) even if the issue being
referred is outside the normal jurisdiction of the ICC.[2{]

i &   




Ú

 
 

 


United ¯ations Security Council.

The United ¯ations &    has the primary responsibility for maintaining
international peace and security and is the only body of the U¯ that can authorize the use of
force (including in the context of peace-keeping operations), or override member nations
sovereignty by issuing binding Security Council resolutions. Created by the U¯ Charter, it is
classed as a 
 of the United ¯ations. The U¯ Charter gives the Security Council the
power to:

ám Investigate any situation threatening international peace;

ám Recommend procedures for peaceful resolution of a dispute;
ám Call upon other member nations to completely or partially interrupt economic relations as
well as sea, air, postal, and radio communications, or to sever diplomatic relations; and
ám Enforce its decisions militarily if necessary.

The Security Council hears reports from all organs of the United ¯ations, and can take action
over any issue which it feels threatens peace and security, including human rights issues. It has at
times been criticised for failing to take action to prevent human rights abuses, including the
Darfur crisis, the Srebrenica massacre and the Rwandan Genocide.[

 


]
The Rome Statute of the International Criminal Court recognizes the Security Council the power
to refer cases to the Court, where the Court could not otherwise exercise jurisdiction.

i  + , 



A modern interpretation of the original Declaration of Human Rights was made in the Vienna
Declaration and Programme of Action adopted by the World Conference on Human Rights in
1993. The degree of unanimity over these conventions, in terms of how many and which
countries have ratified them varies, as does the degree to which they are respected by various
states. The U¯ has set up a number of 
"
 bodies to monitor and study human rights, to
be supported by the U¯ High Commissioner for Human Rights (U¯HCHR). The bodies are
committees of independent experts that monitor implementation of the core international human
rights treaties. They are created by the treaty that they monitor.

ám The  



promotes participation with the standards of the ICCPR.
The eighteen members of the committee express opinions on member countries and make
judgements on individual complaints against countries which have ratified an Optional
Protocol to the treaty. The judgements, termed "views", are not legally binding.

ám The 


 # 
$
    
 monitors the ICESCR and
makes general comments on ratifying countries performance. It does not have the power
to receive complaints.

ám The 


 
#


 
 



 monitors the CERD and
conducts regular reviews of countries' performance. It can make judgements on
complaints, but these are not legally binding. It issues warnings to attempt to prevent
serious contraventions of the convention.

ám The 


 
#


 



 
%
monitors the
CEDAW. It receives states' reports on their performance and comments on them, and can
make judgements on complaints against countries which have opted into the 1999
Optional Protocol.

ám The 


&

monitors the CAT and receives states' reports on their
performance every four years and comments on them. It may visit and inspect individual
countries with their consent.

ám The 


 



 monitors the CRC and makes comments on
reports submitted by states every five years. It does not have the power to receive
complaints.

ám The 


 
 %
 was established in 2004 and monitors the ICRMW
and makes comments on reports submitted by states every five years. It will have the
power to receive complaints of specific violations only once ten member states allow it.
 ám The 


 

'
 





 was established in 2008 to
monitor the Convention on the Rights of Persons with Disabilities.

Each treaty body receives secretariat support from the Treaties and Commission Branch of
Office of the High Commissioner on Human Rights (OHCHR) in Geneva except CEDAW,
which is supported by the Division for the Advancement of Women (DAW). CEDAW meets at
United ¯ations headquarters in ¯ew York; the other treaty bodies generally meet at the United
¯ations Office in Geneva. The Human Rights Committee usually holds its March session in ¯ew
York City.

i +  
   



This section requires expansion.

International ¯ongovernmental human rights organizations such as Amnesty International and

Human Rights Watch promote and monitor human rights around the world. Human Rights
organizations ""translate complex international issues into activities to be undertaken by
concerned citizens in their own community"[2’] Human rights organisations frequently engage in
lobbying and advocacy in an effort to convince the united nations, supranational bodies and
national governments to respect human rights. Many Human rights organisations have observer
status at the various united nations bodies tasked with protecting human rights

i ˜ 



The three principal regional human rights instruments are the African Charter on Human and
Peoples' Rights, the American Convention on Human Rights (the Americas) and the European
Convention on Human Rights.



 
 


   
   



 

i !




 

&


The African Union (AU) is a supranational union consisting of fifty-three African states.[28]
Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and a
sustainable economy, especially by bringing an end to intra-African conflict and creating an
effective common market.[29]

The African Charter on Human and Peoples' Rights is the region's principal human rights
instrument and emerged under the aegis of the Organisation of African Unity (OAU) (since
replaced by the African Union). The intention to draw up the African Charter on Human and
Peoples' Rights was announced in 19’9 and the Charter was unanimously approved at the OAU's
1981 Assembly. Pursuant to its Article {3 (whereby it was to "come into force three months after
the reception by the Secretary General of the instruments of ratification or adherence of a simple
majority" of the OAU's member states), the African Charter on Human and Peoples' Rights came
into effect on 21 October 198{ ± in honour of which 21st of October was declared "African
Human Rights Day".[30]

The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial organ of
the African Union tasked with promoting and protecting human rights and collective (peoples')
rights throughout the African continent as well as interpreting the African Charter on Human and
Peoples' Rights and considering individual complaints of violations of the Charter. The
Commission has three broad areas of responsibility:[31]

ám Promoting human and peoples' rights

ám Protecting human and peoples' rights
ám Interpreting the African Charter on Human and Peoples' Rights

In pursuit of these goals, the Commission is mandated to "collect documents, undertake studies
and researches on African problems in the field of human and peoples, rights, organise seminars,
symposia and conferences, disseminate information, encourage national and local institutions
concerned with human and peoples' rights and, should the case arise, give its views or make
recommendations to governments" (Charter, Art. 45).[31]

With the creation of the African Court on Human and Peoples' Rights (under a protocol to the
Charter which was adopted in 1998 and entered into force in January 2004), the Commission will
have the additional task of preparing cases for submission to the Court's jurisdiction.[32] In a July
2004 decision, the AU Assembly resolved that the future Court on Human and Peoples' Rights
would be integrated with the African Court of Justice.

The Court of Justice of the African Union is intended to be the ³principal judicial organ of the
Union´ (Protocol of the Court of Justice of the African Union, Article 2.2).[33] Although it has
not yet been established, it is intended to take over the duties of the African Commission on
Human and Peoples' Rights, as well as act as the supreme court of the African Union,
interpreting all necessary laws and treaties. The Protocol establishing the African Court on
Human and Peoples' Rights entered into force in January 2004[34] but its merging with the Court
of Justice has delayed its establishment. The Protocol establishing the Court of Justice will come
into force when ratified by 15 countries.[35]

There are many countries in Africa accused of human rights violations by the international
community and ¯GOs.[3{]

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i !



The Organization of American States (OAS) is an international organization, headquartered in

Washington, D.C., United States. Its members are the thirty-five independent states of the
Americas. Over the course of the 1990s, with the end of the Cold War, the return to democracy
in Latin America[

 


], and the thrust toward globalization, the OAS made major efforts to
reinvent itself to fit the new context. Its stated priorities now include the following:[3’]

ám Strengthening democracy
ám Working for peace
ám Protecting human rights
ám Combating corruption
ám The rights of Indigenous Peoples
ám Promoting sustainable development

The Inter-American Commission on Human Rights (the IACHR) is an autonomous organ of the
Organization of American States, also based in Washington, D.C. Along with the Inter-American
Court of Human Rights, based in San José, Costa Rica, it is one of the bodies that comprise the
inter-American system for the promotion and protection of human rights.[38] The IACHR is a
permanent body which meets in regular and special sessions several times a year to examine
allegations of human rights violations in the hemisphere. Its human rights duties stem from three
documents:[39]

ám the OAS Charter

ám the American Declaration of the Rights and Duties of Man
ám the American Convention on Human Rights

The Inter-American Court of Human Rights was established in 19’9 with the purpose of
enforcing and interpreting the provisions of the American Convention on Human Rights. Its two
main functions are thus adjudicatory and advisory. Under the former, it hears and rules on the
specific cases of human rights violations referred to it. Under the latter, it issues opinions on
matters of legal interpretation brought to its attention by other OAS bodies or member states.[40]

Many countries in the Americas, such as Colombia, Canada, Cuba, Mexico, The United States,
and Venezuela have been accused of human rights violations.

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i !


Membership and expansion of the Asia Cooperation Dialogue. ¯ote that the Republic of China
(Taiwan) is recognised or acknowledged by the member states as part of the People's Republic of
China (PRC), but 
 does not have any representation.



 

&
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#

There are no Asia-wide organisations or conventions to promote or protect human rights.

Countries vary widely in their approach to human rights and their record of human rights
protection.

The Association of Southeast Asian ¯ations (ASEA¯)[41] is a geo-political and economic

organization of 10 countries located in Southeast Asia, which was formed in 19{’ by Indonesia,
Malaysia, the Philippines, Singapore and Thailand. [42] The organisation now also includes
Brunei, Vietnam, Laos, Myanmar and Cambodia.[41] Its aims include the acceleration of
economic growth, social progress, cultural development among its members, and the promotion
of regional peace[41]

The South Asian Association for Regional Cooperation (SAARC) is an economic and political
organization of eight countries in Southern Asia, representing almost 1.5 billion people. It was
established in 1985 by India, Pakistan, Bangladesh, Sri Lanka, ¯epal, Maldives and Bhutan. In
April 200’, at the Association's 14th summit, Afghanistan became its eighth member.[43]

The Cooperation Council for the Arab States of the Gulf (CCASG) is a trade bloc involving the
seven Arab states of the Persian Gulf, with many economic and social objectives. Created in
1981, the Council comprises the Persian Gulf states of Yemen Bahrain, Kuwait, Oman, Qatar,
Saudi Arabia and the United Arab Emirates.[44]

The Asia Cooperation Dialogue (ACD) is a body created in 2002 to promote Asian cooperation
at a continental level, helping to integrate the previously separate regional organizations of
political or economical cooperation. The main objectives of the ACD are as follows:[45]

ám To promote interdependence among Asian countries in all areas of cooperation by

identifying Asia's common strengths and opportunities which will help reduce poverty
and improve the quality of life for Asian people whilst developing a knowledge-based
society within Asia and enhancing community and people empowerment;
ám To expand the trade and financial market within Asia and increase the bargaining power
of Asian countries in lieu of competition and, in turn, enhance Asia's economic
competitiveness in the global market;
ám To serve as the missing link in Asian cooperation by building upon Asia's potentials and
strengths through supplementing and complementing existing cooperative frameworks so
as to become a viable partner for other regions;
ám To ultimately transform the Asian continent into an Asian Community, capable of
interacting with the rest of the world on a more equal footing and contributing more
positively towards mutual peace and prosperity.

¯one of the above organisations have a specific mandate to promote or protect human rights, but
each has some human rights related economic, social and cultural objectives.[45][4{]

A number of Asian countries are accused of serious human rights abuses by the international
community and human rights organisations.[4’]

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The Council of Europe, founded in 1949, is the oldest organisation working for European
integration. It is an international organisation with legal personality recognised under public
international law and has observer status with the United ¯ations. The seat of the Council of
Europe is in Strasbourg in France. The Council of Europe is responsible for both the European
Convention on Human Rights and the European Court of Human Rights.[48] These institutions
bind the Council's members to a code of human rights which, though strict, are more lenient than
those of the United ¯ations charter on human rights.[

 


] The Council also promotes the
European Charter for Regional or Minority Languages and the European Social Charter.[49]
Membership is open to all European states which seek European integration, accept the principle
of the rule of law and are able and willing to guarantee democracy, fundamental human rights
and freedoms.[50]

The Council of Europe is separate from the European Union, but the latter is expected to accede
to the European Convention and potentially the Council itself.[

 


] The EU also has a
separate human rights document; the Charter of Fundamental Rights of the European Union.[51]

The European Convention on Human Rights defines and guarantees since 1950 human rights and
fundamental freedoms in Europe.[52] All 4’ member states of the Council of Europe have signed
this Convention and are therefore under the jurisdiction of the European Court of Human Rights
in Strasbourg.[52] In order to prevent torture and inhuman or degrading treatment (Article 3 of the
Convention), the Committee for the Prevention of Torture was established.[53]

The European Court of Human Rights is the only international court with jurisdiction to deal
with cases brought by individuals (rather than states).[52]

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i 

There are no regional approaches or agreements on human rights for Oceania, but most countries
have a well-regarded human rights record. However, incorporated into the 2005 Pacific Plan, is
the commitment to a plan of "defence and promotion of human rights" in the region. The idea of
an institutionalized regional human rights framework is ongoing, with an objective to establish
an ombudsman and security structures that goes beyond the Pacific Islands Forum.[{][54]

Australia is the only western democracy with no constitutional or legislative bill of rights, but a
number of laws have been enacted to protect human rights and the Constitution of Australia has
been found to contain certain implied rights by the High Court. However, Australia has been
criticised at various times for its immigration policies, treatment of asylum seekers, treatment of
its indigenous population, and foreign policy.

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i #


Several theoretical approaches have been advanced to explain how and why human rights
become part of social expectations.

One of the oldest Western philosophies on human rights is that they are a product of a natural
law, stemming from different philosophical or religious grounds.

Other theories hold that human rights codify moral behavior which is a human social product
developed by a process of biological and social evolution (associated with Hume). Human rights
are also described as a sociological pattern of rule setting (as in the sociological theory of law
and the work of Weber). These approaches include the notion that individuals in a society accept
rules from legitimate authority in exchange for security and economic advantage (as in Rawls) -
a social contract.

i + 





      


¯atural law theories base human rights on a ³natural´ moral, religious or even biological order
that is independent of transitory human laws or traditions.

Socrates and his philosophic heirs, Plato and Aristotle, posited the existence of natural justice or
natural right (

 !
 ,

()*
 , Latin
 
). Of these, Aristotle is often
said to be the father of natural law,[55] although evidence for this is due largely to the
interpretations of his work by Thomas Aquinas.[5{]

The development of this tradition of natural justice into one of natural law is usually attributed to
the Stoics.[5’]

Some of the early Church Fathers sought to incorporate the until then pagan concept of natural
law into Christianity. ¯atural law theories have featured greatly in the philosophies of Thomas
Aquinas, Francisco Suárez, Richard Hooker, Thomas Hobbes, Hugo Grotius, Samuel von
Pufendorf, and John Locke.

In the Seventeenth century Thomas Hobbes founded a contractualist theory of legal positivism
on what all men could agree upon: what they sought (happiness) was subject to contention, but a
broad consensus could form around what they feared (violent death at the hands of another). The
natural law was how a rational human, seeking to survive and prosper, would act. It was
discovered by considering humankind's natural rights, whereas previously it could be said that
natural rights were discovered by considering the natural law. In Hobbes' opinion, the only way
natural law could prevail was for men to submit to the commands of the sovereign. In this lay the
foundations of the theory of a social contract between the governed and the governor.

Hugo Grotius based his philosophy of international law on natural law. He wrote that "even the
will of an omnipotent being cannot change or abrogate" natural law, which "would maintain its
objective validity even if we should assume the impossible, that there is no God or that he does
not care for human affairs." (




!
, Prolegomeni XI). This is the famous
argument



 (  


), that made natural law no longer dependent on
theology.

John Locke incorporated natural law into many of his theories and philosophy, especially in 




 
. Locke turned Hobbes' prescription around, saying that if the ruler went
against natural law and failed to protect "life, liberty, and property," people could justifiably
overthrow the existing state and create a new one.

The Belgian philosopher of law Frank Van Dun is one among those who are elaborating a
secular conception[58] of natural law in the liberal tradition. There are also emerging and secular
forms of natural law theory that define human rights as derivative of the notion of universal
human dignity.[59]

The term "human rights" has replaced the term "natural rights" in popularity, because the rights
are less and less frequently seen as requiring natural law for their existence.[{0]

i &    

The English philosopher Thomas Hobbes suggested the existence of a hypothetical 
 
  where a group of free individuals agree for the sake of the common good to form
institutions to govern themselves. They give up some liberties in exchange for protection from
the Sovereign. This led to John Locke's theory that a failure of the government to secure rights is
a failure which justifies the removal of the government, and was mirrored in later postulation by
Jean-Jacques Rousseau in his "Du Contrat Social" (The Social Contract).

International equity expert Paul Finn has echoed this view:

the most fundamental fiduciary relationship in our society is manifestly that which
¬ exists between the community (the people) and the state, its agencies and officials. 
 ²Paul Finn[{1]

The relationship between government and the governed in countries which follow the English
law tradition is a fiduciary one. In equity law, a politician's fiduciary obligations are not only the
duties of good faith and loyalty, but also include duties of skill and competence in managing a
country and its people. Originating from within the Courts of Equity, the fiduciary concept exists
to prevent those holding positions of power from abusing their authority. The fiduciary
relationship between government and the governed arises from the governments ability to control
people with the exercise of its power. In effect, if a government has the power to abolish any
rights, it is equally burdened with the fiduciary duty to protect such an interest because it would
benefit from the exercise of its own discretion to extinguish rights which it alone had the power
to dispose of.[{1]

i ˜  

The Golden Rule, or the



!
 states that one must do unto others as one would be
treated themselves; the principle being that reciprocal recognition and respect of rights ensures
that one's own rights will be protected. This principle can be found in all the world's major
religions in only slightly differing forms, and was enshrined in the "Declaration Toward a Global
Ethic" by the Parliament of the World's Religions in 1993.

i &     







 




Ú
 

Soviet concept of human rights was different from conceptions prevalent in the West. According
to Western legal theory, "it is the individual who is the beneficiary of human rights which are to
be asserted 
 the government", whereas Soviet law declared that state is the source of
human rights[{2].[{3]. Therefore, Soviet legal system regarded law as an arm of politics and courts
as agencies of the government [{4]. Extensive extra-judiciary powers were given to the Soviet
secret police agencies. The regime abolished Western rule of law, civil liberties, protection of
law and guarantees of property.[{5][{{]. According to Vladimir Lenin, the purpose of socialist
courts was "not to eliminate terror ... but to substantiate it and legitimize in principle" [{4].

Crime was determined not as the infraction of law, but as any action which could threaten the
Soviet state and society. For example, a desire to make a profit could be interpreted as a counter-
revolutionary activity punishable by death.[{4] The liquidation and deportation of millions
peasants in 1928±31 was carried out within the terms of Soviet Civil Code.[{4] Some Soviet legal
scholars even asserted that "criminal repression" may be applied in the absence of guilt."[{4].
Martin Latsis, chief of the Ukrainian Cheka explained: "Do not look in the file of incriminating
evidence to see whether or not the accused rose up against the Soviets with arms or words. Ask
him instead to which class he belongs, what is his background, his education, his profession.
These are the questions that will determine the fate of the accused. That is the meaning and
essence of the Red Terror."[{’]
The purpose of public trials was "not to demonstrate the existence or absence of a crime ± that
was predetermined by the appropriate party authorities ± but to provide yet another forum for
political agitation and propaganda for the instruction of the citizenry (see Moscow Trials for
example). Defense lawyers, who had to be party members, were required to take their client's
guilt for granted..."[{4]

i    
 



The philosopher John Finnis argues that human rights are justifiable on the grounds of their
instrumental value in creating the necessary conditions for human well-being.[{8][{9] Interest
theories highlight the duty to respect the rights of other individuals on grounds of self-interest:

Human rights law, applied to a State's own citizens serves the interest of states, by,
¬ for example, minimizing the risk of violent resistance and protest and by keeping the

level of dissatisfaction with the government manageable
²¯iraj ¯athwani in 





 [’0]

The biological theory considers the comparative reproductive advantage of human social
behavior based on empathy and altruism in the context of natural selection.[’1][’2][’3]




 



Human security is an emerging school of thought which challenges the traditional, state-based
conception of security and argues that a people-focused approach to security is more appropriate
in the modern interdependent world and would be more effective in advancing the security of
individuals and societies across the globe.

i   
 


Philosophers who have criticized the concept of human rights include Jeremy Bentham, Edmund
Burke, Friedrich ¯ietzsche and Karl Marx[

 


]. A recent critique has been advanced by
Charles Blattberg in his essay "The Ironic Tragedy of Human Rights." Blattberg argues that
rights talk, being abstract, demotivates people from upholding the values that rights are meant to
assert.[’4] In his book &
+

$ Alasdair MacIntyre claimed the concept that all human beings
have certain rights simply by virtue of being human was illogical, stated "the best reason for
asserting so bluntly that there are no such rights is indeed of precisely the same type as the best
reason which we possess for asserting that there are no witches and the best reason which we
possess for asserting that there are no unicorns: every attempt to give good reasons for believing
there 
such rights has failed."[’5]

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as bourgeois ideology:
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Thus for Marx, liberal rights and ideas of justice are premised on the idea that each of us needs
protection from other human beings. Therefore liberal rights are rights of separation, designed to
protect us from such perceived threats. Freedom on such a view, is freedom from interference.
What this view denies is the possibility ² according to Marx, the fact ² that real freedom is to
be found positively in our relations with other people. It is to be found in human community, not
in isolation. So insisting on a regime of rights encourages us to view each other in ways which
undermine the possibility of the real freedom we may find in human emancipation.

Marxist critical theorist Slavoj Žižek argued that: "liberal attitudes towards the other are
characterized both by respect for otherness, openness to it, and an obsessive fear of harassment.
In short, the other is welcomed insofar as its presence is not intrusive, insofar as it is not really
the other. Tolerance thus coincides with its opposite. My duty to be tolerant towards the other
effectively means that I should not get too close to him or her, not intrude into his space²in
short, that I should respect his intolerance towards my over-proximity. This is increasingly
emerging as the central human right of advanced capitalist society: the right not to be µharassed¶,
that is, to be kept at a safe distance from others." and "universal human rights are effectively the
right of white, male property-owners to exchange freely on the market, exploit workers and
women, and exert political domination."[’{]

i  



i 
-     

The most common categorization of human rights is to split them into civil and political rights,
and economic, social and cultural rights.

Civil and political rights are enshrined in articles 3 to 21 of the Universal Declaration of Human
Rights (UDHR) and in the International Covenant on Civil and Political Rights (ICCPR).
Economic, social and cultural rights are enshrined in articles 22 to 28 of the Universal
Declaration of Human Rights (UDHR) and in the International Covenant on Economic, Social
and Cultural Rights (ICESCR).
i 
- 

The UDHR included both economic, social and cultural rights and civil and political rights
because it was based on the principle that the different rights could only successfully exist in
combination:

The ideal of free human beings enjoying civil and political freedom and freedom

¬ from fear and want can only be achieved if conditions are created whereby
everyone may enjoy his civil and political rights, as well as his social, economic
and cultural rights

²International Covenant on Civil and Political Rights and the International Covenant on Economic Social and
Cultural Rights, 19{{

This is held to be true because without civil and political rights the public cannot assert their
economic, social and cultural rights. Similarly, without livelihoods and a working society, the
public cannot assert or make use of civil or political rights (known as the  


).

The indivisibility and interdependence of all human rights has been confirmed by the 1993
Vienna Declaration and Programme of Action:

All human rights are universal, indivisible and interdependent and related. The

¬ international community must treat human rights globally in a fair and equal
manner, on the same footing, and with the same emphasis 
²Vienna Declaration and Programme of Action, World Conference on Human Rights, 1993

This statement was again endorsed at the 2005 World Summit in ¯ew York (paragraph 121).

Although accepted by the signatories to the UDHR, most do not in practice give equal weight to
the different types of rights. Some Western cultures have often given priority to civil and
political rights, sometimes at the expense of economic and social rights such as the right to work,
to education, health and housing. For example, in the United States there is no universal access
to healthcare free at the point of use.[’’] That is not to say that Western cultures have overlooked
these rights entirely (the welfare states that exist in Western Europe are evidence of this).
Similarly the ex Soviet bloc countries and Asian countries have tended to give priority to
economic, social and cultural rights, but have often failed to provide civil and political rights.

i     

Opponents of the indivisibility of human rights argue that economic, social and cultural rights
are fundamentally different from civil and political rights and require completely different
approaches. Economic, social and cultural rights are argued to be:[’8]

ám !


, meaning that they require active provision of entitlements by the state (as
opposed to the state being required only to prevent the breach of rights)
 ám 

"



, meaning that they are expensive and difficult to provide
ám !


, meaning that they will take significant time to implement
ám 
, meaning they cannot be quantitatively measured, and whether they are adequately
provided or not is difficult to judge
ám

 
 



1!

 , meaning that there is no consensus on what should and
shouldn't be provided as a right
ám 

, as opposed to capitalist
ám  "


, meaning that their provision, or the breach of them, cannot be judged in a
court of law
ám !

  , as opposed to real 'legal' rights

Similarly civil and political rights are categorized as:

ám


, meaning the state can protect them simply by taking no action
ám "


ám



, meaning they can be immediately provided if the state decides to
ám !


, meaning their provision is easy to judge and measure
ám  "

 
 1  "!


ám !


ám 



ám 
 ,
 ,


In 
 "  



 
 Olivia Ball and Paul Gready argue that for both
civil and political rights and economic, social and cultural rights it is easy to find examples
which do not fit into the above categorisation. Amongst several others, they highlight the fact
that maintaining a judicial system, a fundamental requirement of the civil right to due process
before the law and other rights relating to judicial process, is positive, resource-intensive,
progressive and vague, while the social right to housing is precise, justiciable and can be a real
'legal' right.[’9]

Another categorization, offered by Karel Vasak, is that there are 




  

: first-generation civil and political rights (right to life and political participation), second-
generation economic, social and cultural rights (right to subsistence) and third-generation
solidarity rights (right to peace, right to clean environment). Out of these generations, the third
generation is the most debated and lacks both legal and political recognition. This categorisation
is at odds with the indivisibility of rights, as it implicitly states that some rights can exist without
others. Prioritisation of rights for pragmatic reasons is however a widely accepted necessity.
Human rights expert Philip Alston argues:

If every possible human rights element is deemed to be essential or necessary, then

¬ nothing will be treated as though it is truly important. 
²Philip Alston[80]

He, and others, urge caution with prioritisation of rights:

 ...the call for prioritizing is not to suggest that any obvious violations of rights can be
¬ ignored. 
²Philip Alston[80]

Priorities, where necessary, should adhere to core concepts (such as reasonable

¬ attempts at progressive realization) and principles (such as non-discrimination,

equality and participation.
²Olivia Ball, Paul Gready[81]

Some human rights are said to be "inalienable rights." The term inalienable rights (or unalienable
rights) refers to "a set of human rights that are fundamental, are not awarded by human power,
and cannot be surrendered."

i 



.   






  


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Map: Estimated Prevalence of Female Genital Cutting (FGC) in Africa. Data based on uncertain
estimates.

The UDHR enshrines universal rights that apply to all humans equally, whichever geographical
location, state, race or culture they belong to.

Proponents of cultural relativism argue for acceptance of different cultures, which may have
practices conflicting with human rights.

For example female genital mutilation occurs in different cultures in Africa, Asia and South
America. It is not mandated by any religion, but has become a tradition in many cultures. It is
considered a violation of women's and girl's rights by much of the international community, and
is outlawed in some countries.

Universalism has been described by some as cultural, economic or political imperialism. In

particular, the concept of human rights is often claimed to be fundamentally rooted in a
politically liberal outlook which, although generally accepted in Europe, Japan or ¯orth
America, is not necessarily taken as standard elsewhere.

For example, in 1981, the Iranian representative to the United ¯ations, Said Rajaie-Khorassani,
articulated the position of his country regarding the Universal Declaration of Human Rights by
saying that the UDHR was "a secular understanding of the Judeo-Christian tradition", which
could not be implemented by Muslims without trespassing the Islamic law.[82] The former Prime
Ministers of Singapore, Lee Kuan Yew, and of Malaysia, Mahathir bin Mohamad both claimed
in the 1990s that &
  
 were significantly different from western values and included a
sense of loyalty and foregoing personal freedoms for the sake of social stability and prosperity,
and therefore authoritarian government is more appropriate in Asia than democracy. This view is
countered by Mahathir's former deputy:

To say that freedom is Western or unAsian is to offend our traditions as well as

¬ our forefathers, who gave their lives in the struggle against tyranny and
injustices. 
²A Ibrabim in his keynote speech to the Asian Press Forum title 

 


&
, 2 December 1994

and also by Singapore's opposition leader Chee Soon Juan who states that it is racist to assert that
Asians do not want human rights.[83][84]

An appeal is often made to the fact that influential human rights thinkers, such as John Locke
and John Stuart Mill, have all been Western and indeed that some were involved in the running
of Empires themselves.[85][8{]

Cultural relativism is a self-detonating position; if cultural relativism is true, then universalism

must also be true. Relativistic arguments also tend to neglect the fact that modern human rights
are new to all cultures, dating back no further than the UDHR in 1948. They also don't account
for the fact that the UDHR was drafted by people from many different cultures and traditions,
including a US Roman Catholic, a Chinese Confucian philosopher, a French zionist and a
representative from the Arab League, amongst others, and drew upon advice from thinkers such
as Mahatma Gandhi.[15]

Michael Ignatieff has argued that cultural relativism is almost exclusively an argument used by
those who wield power in cultures which commit human rights abuses, and that those whose
human rights are compromised are the powerless.[8’] This reflects the fact that the difficulty in
judging universalism versus relativism lies in who is claiming to represent a particular culture.

Although the argument between universalism and relativism is far from complete, it is an
academic discussion in that all international human rights instruments adhere to the principle that
human rights are universally applicable. The 2005 World Summit reaffirmed the international
community's adherence to this principle:
 The universal nature of human rights and freedoms is beyond question.

¬ 
²2005 World Summit, paragraph 120

i &   /
  


Companies, ¯GOs, political parties, informal groups, and individuals are known as  "

. ¯on-State actors can also commit human rights abuses, but are not generally subject to
human rights law other than under International Humanitarian Law, which applies to
individuals.[

 


] Also, certain national instruments such as the Human Rights Act 1998
(UK), impose human rights obligations on certain entities which are not traditionally considered
as part of government ("public authorities").[

 


]

Multinational companies play an increasingly large role in the world, and are responsible for a
large number of human rights abuses.[88] Although the legal and moral environment surrounding
the actions of governments is reasonably well developed, that surrounding multinational
companies is both controversial and ill-defined.[

 


] Multinational companies' primary
responsibility is to their shareholders, not to those affected by their actions. Such companies may
be larger than the economies of some the states within which they operate, and can wield
significant economic and political power. ¯o international treaties exist to specifically cover the
behavior of companies with regard to human rights, and national legislation is very variable. Jean
Ziegler, Special Rapporteur of the U¯ Commission on Human Rights on the right to food stated
in a report in 2003:

the growing power of transnational corporations and their extension of power

¬ through privatization, deregulation and the rolling back of the State also mean that it
is now time to develop binding legal norms that hold corporations to human rights
standards and circumscribe potential abuses of their position of power. 
²Jean Ziegler[89]

In August 2003 the Human Rights Commission's Sub-Commission on the Promotion and
Protection of Human Rights produced draft  

! 




  
  
!
  




!



 
.[90] These were
considered by the Human Rights Commission in 2004, but have no binding status on
corporations and are not monitored.[91]

i      



 '!


Henry of Ghent articulated the theory that every person has a property interest in their own
body.[92] John Locke uses the word property in both broad and narrow senses. In a broad sense, it
covers a wide range of human interests and aspirations; more narrowly, it refers to material
goods. He argues that property is a natural right and it is derived from labour.[93] In addition,
property precedes government and government cannot "dispose of the estates of the subjects
arbitrarily." To deny valid property rights according to Locke is to deny human rights. The
British philosopher had significant impacts upon the development of the Government of the UK
and was central to the fundamental founding philosophy of the United States. Karl Marx later
critiqued Locke's theory of property in his 


! + 
, seeing the beginnings of a
theory of surplus value in Locke's works. In Locke's 
 


he argued that the right to
own private property was unlimited as long as nobody took more than they could use without
allowing any of their property to go to waste and that there were enough common resources of
comparable quality available for others to create their own property. Locke did believe that some
would be more "industrious and rational" than others and would amass more property, but
believed this would not cause shortages. Though this system could work before the introduction
of money, Marx argued in 


! + 
that Locke's system would break down and
claimed money was a contradiction of the law of nature on which private property was
founded.[94]

i )



i —


.  
  



  
  

 & 
"



 
 

With the exception of non-derogable human rights (international conventions class the right to
life, the right to be free from slavery, the right to be free from torture and the right to be free
from retroactive application of penal laws as non-derogable[95]), the U¯ recognises that human
rights can be limited or even pushed aside during times of national emergency - although

the emergency must be actual, affect the whole population and the threat must be to
¬ the very existence of the nation. The declaration of emergency must also be a last

resort and a temporary measure
²United ¯ations. 


[95]

Rights that cannot be derogated for reasons of national security in any circumstances are known
as peremptory norms or 
. Such United ¯ations Charter obligations are binding on all
states and cannot be modified by treaty.

Examples of national security being used to justify human rights violations include the Japanese
American internment during World War II,[9{] Stalin's Great Purge,[9’] and the actual and alleged
modern-day abuses of terror suspects rights by some western countries, often in the name of the
War on Terror.[98][99]

i —

   

Aung San Suu Kyi is a prisoner of conscience and pro-democracy campaigner in Myanmar


 






—

   
occur when any state or non-state actor breaches any part of the
UDHR treaty or other international human rights or humanitarian law. In regard to human rights
violations of United ¯ations laws. Article 39 of the United ¯ations Charter designates the U¯
Security Council (or an appointed authority) as the only tribunal that may determine U¯ human
rights violations.

Human rights abuses are monitored by United ¯ations committees, national institutions and
governments and by many independent non-governmental organizations, such as Amnesty
International, International Federation of Human Rights, Human Rights Watch, World
Organisation Against Torture, Freedom House, International Freedom of Expression Exchange
and Anti-Slavery International. These organisations collect evidence and documentation of
alleged human rights abuses and apply pressure to enforce human rights laws.

Only a very few countries do not commit significant human rights violations, according to
Amnesty International. In their 2004 human rights report (covering 2003), the ¯etherlands,
¯orway, Denmark, Iceland and Costa Rica are the only (mappable) countries that did not (in
their opinion) violate at least some human rights significantly.[100]

There are a wide variety of databases available which attempt to measure, in a rigorous fashion,
exactly what violations governments commit against those within their territorial
jurisdiction.[

 


] An example of this is the list created and maintained by Prof. Christian
Davenport at the Kroc Institute - University of ¯otre Dame.[101]

Wars of aggression, war crimes and crimes against humanity, including genocide, are breaches
of International humanitarian law and represent the most serious of human rights violations.

When a government closes a geographical region to journalists, it raises suspicions of human

rights violations. Seven regions are currently closed to foreign journalists:

ám Chechnya, Russia [’]

ám Myanmar (Burma)
 ám ¯orth Korea
ám Papua, Indonesia [8]
ám Peshawar, Pakistan [9]
ám Tibet, People's Republic of China [10]
ám Jaffna Peninsula, Srilanka [11]

[show]
v‡d‡e
   



i   - 


Events and new possibilities can affect existing rights or require new ones. Advances of
technology, medicine, and philosophy constantly challenge the status quo of human rights
thinking.

i $ 
 


There are two basic conceptions of environmental human rights in the current human rights
system. The first is that the right to a healthy or adequate environment is itself a human right (as
seen in both Article 21 of the African Charter on Human and Peoples' Rights, and Article 11 of
the San Salvador Protocol to the American Charter of Human Rights).[102][103] The second
conception is the idea that environmental human rights can be derived from other human rights,
usually - the right to life, the right to health, the right to private family life and the right to
property (among many others). This second theory enjoys much more widespread use in human
rights courts around the world, as those rights are contained in many human rights documents.

The onset of various environmental issues, especially climate change, has created potential
conflicts between different human rights. Human rights ultimately require a working ecosystem
and healthy environment, but the granting of certain rights to individuals may damage these.
Such as the conflict between right to decide number of offspring and the common need for a
healthy environment, as noted in the tragedy of the commons.[104] In the area of environmental
rights, the responsibilities of multinational corporations, so far relatively unaddressed by human
rights legislation, is of paramount consideration.[

 


]

Environmental Rights revolve largely around the idea of a right to a livable environment both for
the present and the future generations.

i 0   

In 199’ U¯ESCO adopted the Declaration on the Responsibilities of the Present Generation
Towards the Future Generation. The Declaration opens with the words:

Mindful of the will of the peoples, set out solemnly in the Charter of the United
¬ ¯ations, to 'save succeeding generations from the scourge of war' and to safeguard
the values and principles enshrined in the Universal Declaration of Human Rights,
and all other relevant instruments of international law. 
²Declaration on the Responsibilities of the Present Generation Towards the Future Generation

Article 1 of the declaration states "the present generations have the responsibility of ensuring that
the needs and interests of present and future generations are fully safeguarded." The preamble to
the declaration states that "at this point in history, the very existence of humankind and its
environment are threatened" and the declaration covers a variety of issues including protection of
the environment, the human genome, biodiversity, cultural heritage, peace, development, and
education. The preamble recalls that the responsibilities of the present generations towards future
generations has been referred to in various international instruments, including the Convention
for the Protection of the World Cultural and ¯atural Heritage (U¯ESCO 19’2), the United
¯ations Framework Convention on Climate Change and the Convention on Biological Diversity
(Rio de Janeiro, 1992), the Rio Declaration on Environment and Development (U¯ Conference
on Environment and Development, 1992), the Vienna Declaration and Programme of Action
(World Conference on Human Rights, 1993) and a number of U¯ General Assembly resolutions
relating to the protection of the global climate for present and future generations adopted since
1990.[105]

i )
-%"%,
' %
 )", 






 



Some organizations argue that LGBT issues, such as same-sex marriage, gay adoption rights, and
protection from discrimination should be considered human rights.[10{][10’][108] Canadian courts
have recognized certain rights under section fifteen of the Canadian Charter of Rights and
Freedoms. Current campaigns, such as the Human Rights Campaign, specifically focus on the
rights of the LGBT community.[109]

Part of this debate includes a proposed U¯ declaration on LGBT rights which would for the first
time condemn ³discrimination based on sexual orientation and gender identity.´[110] While
receiving widespread global support, including signatures from the member states of the
European Union, opposition has come from several U¯ member nations, as well as the Vatican,
where the Vatican¶s permanent observer at the U¯, indicated his belief that the declaration
would discriminate against states which support traditional marriage.[111]

i 

Although both the Universal Declaration of Human Rights and the International Covenant on
Economic, Social and Cultural Rights emphasize the importance of a right to work, neither of
these documents explicitly mention trade as a mechanism for ensuring this fundamental right.
And yet trade plays a key role in providing jobs.[112]

Some experts argue that trade is inherent to human nature and that when governments inhibit
international trade they directly inhibit the right to work and the other indirect benefits, like the
right to education, that increased work and investment help accrue.[113] Others have argued that
the ability to trade does not affect everyone equally²often groups like the rural poor, indigenous
groups and women are less likely to access the benefits of increased trade.[114]

On the other hand, others think that it is no longer primarily individuals but companies that trade,
and therefore it cannot be guaranteed as a human right.[

 


] Additionally, trying to fit too
many concepts under the umbrella of what qualifies as a human right has the potential to dilute
their importance. Finally, it is difficult to define a right to trade as either "fair"[115] or "just" in
that all trade regimes create winners and losers, and changing the rules only creates different
losers, not necessarily fewer.[11{]

See also: The Recognition of Labour Standards within the World Trade Organisation

i ( 



 %
!

 



There is no current universal human right to water, binding or not, enshrined by the United
¯ations or any other multilateral body. In ¯ovember 2002, the United ¯ations Committee on
Economic, Social and Cultural Rights issued a non-binding comment affirming that access to
water was a human right:

the human right to water is indispensable for leading a life in human dignity. It is a
¬ prerequisite for the realization of other human rights. 
²United ¯ations Committee on Economic, Social and Cultural Rights

This principle was reaffirmed at the 3rd and 4th World Water Councils in 2003 and 200{. This
marks a departure from the conclusions of the 2nd World Water Forum in The Hague in 2000,
which stated that water was a commodity to be bought and sold, not a right.[11’] There are calls
from many ¯GOs and politicians to enshrine access to water as a binding human right, and not
as a commodity.[118]

i 
# 

 

The Universal Declaration of Human Rights states that everyone has the "right to life".[119]
According to many Human Rights activists, the death penalty violates these rights.[120] The
United ¯ations also called on retentionist states to establish a moratorium on Capital Punishment
with a view to abolition.[121] States which do not face considerable moral and political pressure.
The Universal Declaration of Human Rights also prohibits torture and other cruel, inhuman, and
degrading punishment. Countries have argued that "enhanced interrogation methods", which
amount to torture, are needed for national security. Human rights activists have also criticized
some methods used to punish criminal offenders. For example, Corporal Punishment is also an
issue. One example is Caning, used in Malaysia, Brunei, and Singapore is considered to be cruel,
inhuman, and degrading punishment.[122] In Mexico, Life Imprisonment without parole is also
considered to be cruel and unusual punishment. Other issues, such as Police Brutality and
impunity for Human Rights violators[123] are also serious issues.

i 0 






 


i ˜   






!




Reproductive rights are rights relating to reproduction and reproductive health.[124] The World
Health Organisation defines reproductive rights as follows:

Reproductive rights rest on the recognition of the basic right of all couples and
¬ individuals to decide freely and responsibly the number, spacing and timing of their
children and to have the information and means to do so, and the right to attain the
highest standard of sexual and reproductive health. They also include the right of all
to make decisions concerning reproduction free of discrimination, coercion and
violence. 
²World Health Organisation[48]

Reproductive rights were first established as a subset of human rights at the United ¯ation's 19{8
International Conference on Human Rights.[125] The sixteenth article of the resulting
Proclamation of Teheran states, "Parents have a basic human right to determine freely and
responsibly the number and the spacing of their children."[125][12{]

Reproductive rights may include some or all of the following rights: the right to legal or safe
abortion, the right to control one's reproductive functions, the right to quality reproductive
healthcare, and the right to education and access in order to make reproductive choices free from
coercion, discrimination, and violence.[12’] Reproductive rights may also be understood to
include education about contraception and sexually transmitted infections, and freedom from
coerced sterilization and contraception, protection from gender-based practices such as female
genital cutting (FGC) and male genital mutilation (MGM).[124][125][12’][128]

i 


In Canada several legal medical marijuana patients have filed human rights complaints over their
discrimination and treatment.[129][130]
i &

—

 

ám Amnesty International
ám Customary international law
ám Discrimination
ám Economic freedom
ám Freedom (political)
ám Global governance
ám Global Human Rights Defence
ám Human responsibilities
ám Human Rights Watch
ám Human security
ám Political repression
ám Warsaw Confederation

i ˜

1.m ΠHoughton Mifflin Company (200{)
2.m ΠFeldman, David. 





2 

#    %
. Oxford University
Press. pp. 5.l
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'
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5.m ΠFreeman, Michael (2002).  
 



!
!!. Wiley-Blackwell.
pp. 15±1’. ISB¯ 9’80’45{23559.
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Paris, France
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Human Rights". 

 Ú


3   
 
   
 Ô (5).
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the fact that Sudan has a functioning legal system
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Witness in International Criminal Trials", in Thakur, R, Malcontent, P, 


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 3

& 
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{4.m Π      Richard Pipes 
Ú 

 




, Vintage books, Random House Inc.,
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{{.m ΠRichard Pipes (1994) 
Ú 

 




. Vintage. ISB¯ 0-{’9-’{184-5.,
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4  
 
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$  
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p.1
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%

!
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, Vol. 1{2, ¯o. 3859
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do?id=1108242&n1=3&n2=39&n3=1101. Retrieved 200’-12-08. ""˜   
/


 
'      

'    

 /
1/

; they are universal, indivisible, and undeniable. These
rights are founded upon principles of human dignity and equality, and have been enshrined in
international human rights documents. Reproductive rights embrace core human rights, including
the right to health, the right to be free from discrimination, the right to privacy, the right not to be
subjected to torture or ill-treatment, the right to determine the number and spacing of one's
children, and the right to be free from sexual violence. Reproductive rights include the
recognition of the basic right of all couples and individuals to decide freely and responsibly the
number, spacing and timing of their children, and the right to have the information and means to
implement those decisions free from discrimination, coercion, and violence. Reproductive rights
also include the right to the highest standards of sexual and reproductive healthcare.""
128.m Œ ¯ational Organization of Circumcision Information Resource Centers
129.m ΠRussell Barth's Ontario Human Rights Challenge Against the Ontario Government
130.m ΠSettlement in Gator Ted's pot case: Medical marijuana smoker claimed discrimination

ám Rule of Law in Armed Conflicts Project (RULAC)

i ,- 
ám Amnesty International (2004). &
 
 
  
!. Amnesty International
Publications. ISB¯ 08{2103541 ISB¯ 1-88’204-40-’
ám Alexander, Fran (ed) (1998). #  !

% 
. Oxford University Press.
ISB¯ 0198{02235
ám Alston, Philip (2005). "Ships Passing in the ¯ight: The Current State of the Human
Rights and Development Debate seen through the Lens of the Millennium Development
Goals".  
7
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ám Ankerl, Guy (2000). Coexisting Contemporary Civilizations: Arabo-Muslim, Bharati,
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%
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=



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%

 
  
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     + 

 
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j


!!

?#"%

'
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Êm Möller, Hans-Georg (2003). 


 

#


 



 %

 


 ám ¯athwani, ¯iraj (2003). 





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9041120025
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  '
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  #
 



 
  


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Wm. B. Eerdmans Publishing. ISB¯ 080282{954
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% & 
 
 

 
 
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ám Salevao, Lutisone (2005). 
$




  
 

!



'

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,#!


@




!

. Milano: Bruno Mondadori. ISB¯ 9’88{1591820
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 + 
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ám Shute, Stephen & Hurley, Susan (eds.). (1993). 8  

80&



 ¯ew York: BasicBooks. ISB¯ 04{505224X
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0$
'

$  Oxford: Clarendon Press. ISB¯ 01982542’X
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. Garden City, ¯Y: Garden City
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 j 

 .
Minhaj Publishers. 3{5-M-Model
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$  
$ . Wm. B. Eerdmans Publishing. ISB¯ 0802848540
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'

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. Vol. 2 (¯o. 4) pp. 311±32{

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