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002) Lecture 2 Human Rights

The document outlines various approaches to human rights, including Naturalist, Historical, Positivist, Marxist, and Social Science perspectives, each with its own strengths and weaknesses. It classifies human rights into three generations: civil and political rights, economic and social rights, and collective rights, highlighting the debate surrounding the third generation. Additionally, it discusses the tension between universalism, which advocates for a common system of rights, and cultural relativism, which emphasizes the importance of community and cultural identity.

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2 views2 pages

002) Lecture 2 Human Rights

The document outlines various approaches to human rights, including Naturalist, Historical, Positivist, Marxist, and Social Science perspectives, each with its own strengths and weaknesses. It classifies human rights into three generations: civil and political rights, economic and social rights, and collective rights, highlighting the debate surrounding the third generation. Additionally, it discusses the tension between universalism, which advocates for a common system of rights, and cultural relativism, which emphasizes the importance of community and cultural identity.

Uploaded by

Dare To Talk
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Approaches to HR

 Naturalist- This theory focuses on a natural law that is higher than


positive law (law created by man) and to which the latter must
conform. Natural law is based on equality..

 Historical- This approach views human rights as a function of culture


and environment and inculcates space and time factors as well.
However, it has three distinct drawbacks. Firstly, it sometimes does
not consider the individual as an entity outside of the community.
Secondly, it gives more importance to language, religion etc. than
the actual views of people. Thirdly, by focusing on the differences
between societies, it undermines the universality of human rights.

 Positivist- This approach sees law was enacted by an authoritative


sovereign and deriving sanction from coercion. The main
disadvantage here is laws would not stem from the will of the
people but from that of the sovereign.

 Marxist- This view comes from the writings of Karl Marx in the
context of the 19th century industrial revolution. It posits that in
capitalist societies, human rights do not exist. They only come into
being in a classless society where there is public ownership of the
means of production.

 Social Science Approach- This approach locates human rights in the


context of larger social processes, dwelling on the community’s role
in shaping principles.

Classification of Human Rights

1. First generation rights which include civil and political rights.

2. Second generation rights such as economic, social and cultural rights.

3. Third generation rights such as the right of self-determination and the right to
participate in the benefits from mankind’s common heritage. The third
generation is the most debated and lacks both legal and political recognition
This division of Human Rights was introduced in 1979 by Czech Jurist
KarelVasak
Loius B sohn- Individual belongs to a community like family,
religious communities, social or political communities etc. The
international law recognises the collective rights of the individuals
who are grouped into a larger group, those rights can be exercised
jointly by thepeople and nations.

Universalism and cultural relativism

 Universalism holds that more “primitive” cultures will eventually


evolve to have the same system of law and rights as Western
cultures. Cultural relativists hold an opposite, but similarly rigid
viewpoint, that a traditional culture is unchangeable. Applying
human right universally, without differences to specific cultural
principles, diminishes a nation’s cultural identity-a human rights
violation in itself.

 In universalism, an individual is a social unit, possessing inalienable


rights, and driven by the pursuit of self interest. In the cultural
relativist model, a community is the basic social unit. Concepts
such as individualism, freedom of choice, and equality are absent. It is
recognized that the community always comes first.

 Cultural relativism is in itself a very arbitrary idea, cultures are


rarely unified in their view points on different issues,

 Universalism is used by many Western states to negate the validity


of more ‘traditional’ systems of law.

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