Human Rights

Human rights are the rights that belong to an individual simply as a consequence of being human. Human rights can be defined as follows: “any basic right or freedom to which all human beings are entitled and in whose exercise a government may not interfere” [1].

The term came into wide use after World War II, replacing the earlier phrase "natural rights." Human rights have their origin essentially in the US Bill of Rights and the French Declaration of the Rights of Man and the Citizen of the 18th century. Human rights, as they are known today, are based on the Universal Declaration of Human Rights of 1948 and on the many treaties and agreements that have been developed and concluded in the framework of the United Nations. Though human rights were not given great importance in international relations until the 20th century, this situation has changed dramatically. For centuries, international relations were dominated by the notions of sovereignty and domestic affairs, that is, the common and widespread belief was that each State was free to decide, alone, whether it should grant its citizens certain rights or not. However, in the 20th and 21st centuries, human rights have been given increasing importance in the international arena. For instance, human rights are now considered an essential element in the fields of extradition, development cooperation, and international trade [2].

The concept of human rights acknowledges the fact that every single human being is entitled to enjoy his/her human rights without distinction as to race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status. Human rights are conceived of as universal, i.e., they apply equally and without discrimination to all human beings everywhere; inalienable, in that they cannot be taken away from anyone, except in specific situations, such as lawful sanctions (for example, when a person is sentenced to prison, his/her right to liberty may be temporarily restricted); indivisible and interdependent, in that it is necessary to respect and protect all rights equally because rights are not only considered as having the same importance, but the violation of one right can affect the protection of others; and, finally, as fundamental, that is, they do not refer to all aspects of human life but rather to those essential or basic human needs.

As mentioned above, human rights are based on international human rights law, and encompass different categories of entitlements that range from basic guarantees, to freedoms, to a number of economic, social and cultural rights and have been defined more completely as follows: “international human rights are legal entitlements of individuals against the state or state-like entities guaranteed by international law for the purpose of protecting fundamental needs of the human person and his/her dignity in times of peace and war” [3].

Human rights as a concept, is the result of a historical process. In the course of that evolution, human rights have been classified in terms of three generations. As noted by the authors of The Face of Human Rights, “the history of human rights is reflected in their structure. The rights that have found their way into the Universal Declaration of Human Rights and human rights conventions can be divided into several generations, according to their time of origin” [4].

Human rights are commonly divided into three generations:

  • The first generation refers to civil and political rights. Such rights are essentially designed to protect the individual against state interference, and are immediately applicable. They include guarantees linked to the protection of life (such as the right to life, and the prohibition of torture and inhuman treatment or punishment); the protection against discrimination; procedural guarantees (including guarantees of fair trial and the right to a defence); freedoms (such as freedom of movement, and freedom of opinion); and political rights (including the right to vote and to be elected).

  • The second generation comprises economic, social and cultural rights. These rights appeared at a slightly later stage as a response to the gradual impoverishment of individuals and class struggles of the 19th century. These rights, the fulfillment of which requires active measures, in the form of specific legislation, policies and programmes, by States, include economic rights, such as the right to work, and the protection of property; social rights, such as the right to health and social security; and cultural rights, which include the right to education and to take part in cultural life.

  • The third generation of rights refers to collective rights (also known as solidarity rights). These rights, which were conceived in the second half of the 20th century, cover the right to development, peace, and a clean and healthy environment. However, and with the exception of the African Charter on Human and Peoples’ Rights (1981), such rights have not yet been incorporated into any human rights treaty.

Despite the division of rights into generations, all rights should be considered to be of equal importance and a guarantee of a life lived in dignity and respect. Indeed, this separation of rights into different generations is, to a certain degree, artificial, especially in the case of first and second generation rights. For instance, the right to join a trade union is usually considered a right belonging to the economic, social and cultural generation, yet it can also be seen as a civil and political right, given its link with freedom of association and freedom of assembly [5]. All human rights are indivisible and interdependent; the full enjoyment of one generation of rights is impossible without the respect and fulfillment of others.

1. See the online dictionary Wordreference at www.wordreference.com (24 December 2006)

2. For further information, see Kälin, W., Müller, L., and Wyttenbach, J., The Face of Human Rights, Lars Müller Publishers, Switzerland, 2004, p. 15.

3. Op. cit., p.17

4. Op. cit., p.21.

5. McChesney, A., Promoting and Defending Economic, Social and Cultural rights, AAAS/HURIDOCS, Washington, DC, 2000, p. 6.