The news is full of human rights violations. It has been a very hot summer in terms of exploding ethnic or religious tensions, and arousing conflicts. The Civil War in Syria, attacks on Gaza, Islamic State attacks, power struggle between Ukraine and Russia, riots in Ferguson, demonstrations in Hong Kong and numerous other examples.
If you would stop any random person on the street and ask
him or her whether he or she is in favor of or against human rights, most people
will probably embrace human rights. However, if you would ask to define human rights, it is very likely that the response would
be silence, followed by a frowning face and a huge qustion mark.
On 10 December 1948, the United Nations adopted the
Universal Declaration of Human Rights. This was the very first document in
which human rights were recognized as such. It has become the most famous and well-known
human rights instrument. Although not legally binding, it serves as a guideline
and an inspiration for many other legal(ly binding) documents. Since then, 10
December has become International Human Rights Day. This is a good occasion to
raise awareness towards human rights globally, to explore what the concept of
human rights exactly entails and to reflect on it.
Human rights are certain basic, individual rights that apply
to all human beings by virtue of their humanity, without distinction on such
grounds as race, color, sex (gender), religion, political opinion, language or
national or social origin [Abdullahi A. An-Na’im]. In short, human rights are certain basic rights that apply to
everyone, everywhere, any time.
Human rights have their historical and philosophical roots
in the American and French Revolutions and the Ara of Enlightenment. The notion
arose that the individual needed to be protected from (abuse of) power by the
state. Therefore individual rights and freedoms were stressed. In addition,
after the first and second World War the urge for international peace and justice
grew. Human rights are both applicable in war and and peacetime.
There are all kinds of legal mechanisms in place in order to
safeguard human rights. First of all the global, United Nations, system. The
Universal Declaration of Human Rights, together with the International Covenant
on Civil and Political Rights and International Covenant on Economic Social and
Cultural Rights (the latter two entered into force in 1976 and are legally binding) constitute the
International Bill of Human Rights. Second, there are regional human rights systems.
The European system is unique in the sense that an individual can, after having
exhausted all national remedies, address alleged violations of human rights
laid down in European Convention on Human Rights directly at the European Court
of Human Rights in Strasbourg, France. There is also an Inter-American and
African system, where an individual can address alleged violations to a human
rights commission, that can refer the case to either the Inter-American Court
on Human Rights in San Jose, Costa Rica or the African Court of Justice and
Human Rights in Arusha Tanzania. In addition, there are developments in the
Arab world (League of Arab States and Islamic Conference) and Asia (Association of Sout East Asian Nations) concerning human rights mechanisms. Third, numerous human
rights are laid down in national constitutions and laws. Nota Bene: when international law and national law are conflicting, the first one prevails.
In general, implementation and enforcement of human rights -
as any type of international law -, however, remains a challenge. Nongovernmental
organizations like Amnesty International, monitor human rights situations. Next
to the possibility to invoke legal tools, political and economical pressure can
be used, in accordance with the procedure of naming, blaming and shaming when
states or other actors like for example transnational corporations are
involved.
Traditionally, the main focus has been on civil and
political rights. This is also referred to as first-generation human rights.
Classic examples are freedom of expression, freedom of religion, the right not
to be tortured or ill-treated, and the
right to vote. In many parts of the world, predominantly socialist countries
and the Third World, the criticism was raised that it is not possible to enjoy
these classic human rights if you do not have enough food in your stomach and a
roof above your head. Therefore their main emphasis lies on economic, social
and cultural rights, including the right to food, the right to shelter, the
right to education. This is also referred to as second-generation human rights.
In addition, different parts of the world look at the first-generation rights
as a Western concept, focusing on the individual, rather than groups, the
collective. The African human rights system contains the African Charter on
Human and Peoples’ Rights, stressing rights of groups, families, clans.
Examples are equality rights and the right to self-determination. This is also
referred to as third- generation human rights. But also in Asia, society often
has a higher status than the individual. Honor has a central place within for
example Chinese or Japanese culture. Note that the three generations of human rights are
chronological, not hiearchial.
Inevitably, clashes between these rights may occur. The big
question is then: which right would prevail in case of conflict? Of course,
there is not a clear cut answer to this question. It needs to be examined on a
case to case basis, where room for various interpretations and nuances is
enshrined. These different angles of looking at the concept of human
rights, triggers the debate on universalism versus cultural relativism. Are human
rights truly universal?
Today is International Human Rights Day. Let this day and
this article inspire you and nourish your eagerness to learn. Every human being should be treated equally, provided that context,
culture and different views are taken into account. Hence, this constitutes true World View Exchange!
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