Human Rights: Definition, Types, Issues and Violations | freedoms.eu (2023)

The idea that everyone, regardless of their beliefs, background, or other factors, is entitled to a set of inalienable rights - "human rights" - is actually something new. While the concept of human rights can be found throughout history, from Hammurabi's Babylonian code to religious texts such as the Bible and the Qur'an, it was not until the mid-20th century that human rights became a global concept. . And that's because the atrocities of World War II highlighted the need to establish certain rights that all people share.

What are human rights: definition

There are numerous definitions of human rights, from the simple dictionary definition of “a right believed to be owed to all people” to the broader United Nations definition of “the inherent rights of all human beings regardless of their race, sex, nationality, ethnicity, language, religion or any other condition”. The various definitions have one thing in common: human rights belong to everyone.

But perhaps it's better to think of human rights as the tools we need to build the lives we want to live and the communities we want to live in. The concept of human rights is relatively new, but it tries to answer an old question: how can we ensure that those who hold power in society use it for the good of the group?

There are a few examples of laws that were made to protect people from abuse and give everyone more of a voice in society over time, such as humanitarian law, the abolition of slavery, and the protection of minorities after World War I. . But it wasn't until after World War II that we got the first proper articulation of human rights.

What is the Universal Declaration of Human Rights?

The Universal Declaration of Human Rightsit was the first “global” catalog of human rights. It is not designed to be binding. But over time, it gained customary international law status, and all the rights it contains were incorporated into legally binding treaties that most governments signed.

The UDHR was adopted in 1948 and the date is not accidental. As already mentioned, the answer to the question “Why were human rights created?” in a modern context it is World War II. From the Holocaust to the Nanjing Massacre and so many other horrors, this war has shown the world the depravity of man and the need to codify certain rights to protect people from each other.

But the UDHR was able to build on earlier documents. The American Declaration of Human Rights was the first international catalog of human rights, surpassing the UDHR in less than a year. ("American" refers to Central and South America, not the United States.) The UDHR, in turn, provided information on future human rights treaties, such as the Arab Charter on Human Rights adopted in 2004.

What are the main human rights documents?

If we measure the importance of a human rights document by its scope -how many rights it recognizes- and its support -how many nations agree to defend it- there are three: the Universal Declaration of Human Rights (1948), the International Covenant on Civil Rights and Political Rights and the International Covenant on Economic, Social and Cultural Rights (both adopted in 1966). All three are United Nations documents, which means that almost every nation in the world has pledged to uphold them, and together they cover all human rights. Together, the three documents are known as the International Bill of Human Rights.

But there are other documents that are important, at least in Europe, maybe even more so. especially theEuropean Convention on Human RightsIt's inEU Charter of Fundamental Rightsthey are legally binding documents that must be respected by all EU member states. Politically, they are more important than UN documents because European courts take their application much more seriously. For example, the Court of Justice of the European Union pays little attention to UN human rights treaties unless it has nowhere to look. Instead, it will base its decisions primarily on the Charter of Fundamental Rights.

What are universal human rights? What types of human rights exist?

So what are our basic human rights? Perhaps the most obvious or mentioned human rights are the right to life, freedom of expression, freedom of religion, freedom of assembly, freedom of association, and freedom of thought. But the Universal Declaration of Human Rights lists them all.30 basic human rights🇧🇷 Unlike freedom of expression, for example, the UDHR includes rights that could not have been conceived without underlying advances, such as the right to democracy or the right to social security.

However, we can classify rights into specific types.

-Indivisibility:In recent history, Western countries tend to say that only civil and political rights are real rights, while socialist countries say that only economic and social rights are real rights. Actually, you need all of them to live a decent life. If you are not paying the bills, are not in good health, or are not educated, you cannot use your other rights effectively. It could mean that you are too sick, too busy with work, too poor, or not well-informed enough to tell your leaders why you want them to vote, buy a newspaper, or go to court. And conversely, if you don't have the right to protest or freedom of expression, or access to courts or information, or elections to vote, you won't be able to elect politicians to provide health care, education, justice, remuneration. , etc.

-Inalienability:It simply means that you cannot "act" with your rights through consent. You can't say, "I'm giving up my privacy for a free Facebook account." Ideologically, it cuts your dignity. In practice, it harms society because others do the same and privacy is no longer really a right, with consequences for democracy and for people's mental health.

-Universality:This means that everyone has the same rights due to their humanity. Human rights are universal because they are based on basic human needs and the functioning of societies. And universality is the cornerstone of human rights law because it is the promise of the very concept: that everyone is born with these rights, no matter what.

Why are human rights important?

Human rights are important for two main reasons: they protect us; and enable us to build safe, prosperous and generally livable societies. Human rights give us the power to speak up and share our views with everyone, especially those in power. They protect us from harm or undue burden and empower us to participate in shaping the world we live in, whether through protest, association or voting.

They also give us individual freedom to do the things we want: to practice the religion of our choice, to be part of the groups we choose to associate with, the freedom to receive an education. Together, all these factors also mean that human rights allow us to hold governments to account. Not only in elections, but also when a government commits atrocities against its own population or against foreign populations, human rights laws provide the legal basis for holding them accountable.

Human rights issues: How equal is our world?

This is a sensitive issue. In many ways, our world is not a very equal place, and that has little to do with human rights. Still, some people say there are inconsistencies: The United States promotes human rights around the world, while at the same time promoting capitalism, which, as currently constructed, creates enormous levels of inequality.

But it is unfair to blame human rights for the inequality of the world. In fact, human rights give people the tools they need to demand greater equality. The problem is that they are not implemented correctly. This is true even in the world's strongest democracies. However, advances can be noted in the equality of minorities, in the face of economic equality, which would not have been possible without human rights.

What is a violation of human rights: examples

There are egregious examples of human rights violations that continue to this day. The use of torture or other inhuman treatment is a common example. Or the arrest of political opponents just for peacefully protesting their government. Or the persecution of religious or ethnic minorities.

But human rights violations are increasingly taking place in areas created by our own progress. For example, our right to privacy is systematically violated online, whether through the collection of data during election cycles or through the daily use of micro-targeted political advertising. Our right to privacy and our right to access information are perhaps the most frequently violated human rights in Western democracies, and this is because governments are all too willing to give in to economic interests in cases where Human rights abuses are not considered serious or obvious. enough to force

How do you protect human rights?

A good place to start is to introduce a different mindset. Instead of just thinking about how we complain when our rights are not implemented, we need to include them in the decision-making process. How do we make authorities and politicians think about the implementation of human rights? Most of this is actually common sense. More often than not, they want to make laws that work for everyone, applying human rights standards almost haphazardly. If politicians want to make decisions that are good for everyone, then they are well on their way to implementing human rights. Governments go a step further by creating human rights implementation plans and turning human rights standards into basic decision-making tools; For example, don't forget to check with people affected by your policies or don't forget to provide information to people who may not read or see it.

Of course, when something really goes wrong, people need to be able to complain. But this has to be as simple as possible. Going to court can be a long and expensive process. Therefore, easier access to quasi-judicial complaints systems could be an important step forward. Some countries have national human rights institutions that can more easily review and adjudicate human rights cases, reducing the burden on individuals. Non-governmental organizations, such as human rights groups, also facilitate the defense of their human rights.

Sources of information on human rights and further reading

The United NationsUniversal Declaration of Human Rights

a EUCharter of Fundamental Rights

it isEuropean Convention on Human Rights

"What are human rights?"Office of the High Commissioner for Human Rights