1.

Introduction to Human Rights

What are they?

Human Rights: Introduction

●​ According to the Universal Declaration of Human Rights (UDHR) by the United

Nations (UN), human rights are rights we have simply because we exist as human
beings. They are basic standards that define the minimal standard necessary for
human beings to live in dignity and to develop their full potential.
●​ These rights are inherent to us all, regardless of nationality, sex, national or ethnic
origin, color, religion, language, or any other status.
●​ They range from the most fundamental—the right to life—to those that make life
worth living, such as the rights to food, education, work, health, and liberty.

Why are they inherent to us?

Human beings are ethical absolutes (Immanuel Kant):

●​ Freedom and autonomy to follow their own will and create their own norms.
●​ Cannot be treated as a means to an end, but as an end in themselves.

That is why we also talk about “inherent dignity”; you have it just because of being born a
human:

●​ The ability to conduct an autonomous life and to fully develop your capacities as a
human being through reason and consciousness.
●​ To have agency and opportunity to make decisions for your life.
●​ To live a meaningful life of higher quality.

About the word “potential” in the definition:

●​ The potential to live a life in dignity unfolds or is realized depending on the concrete
life conditions in which people live.
●​ All human beings participate in that potential, but not all human beings are allowed to
realize it in the same satisfying way.
●​ Awareness of power asymmetries and fragile conditions of human existence.
●​ Pollman (required reading) discusses this issue.

UDHR Articles (Core Articles):

Article 1:​
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.
Article 2:​
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.

Historical Background

●​ UDHR (1948) is the first international legal document setting out fundamental human
rights as universally protected.
●​ However, the idea of fundamental human rights as "birth" or "natural" rights has a
longer history.
●​ See Amnesty International's Brief History of Human Rights: [Link]

Roman Natural Law:

●​ Defined as the rights that nature gave to all living things.

●​ Historically, “human rights” cannot be completely equated with UDHR because they
were not universal historically—they were valid only within certain states or societies.

2. Universal Declaration of Human Rights (UDHR)

More about UDHR

●​ The Universal Declaration of Human Rights (UDHR) has been followed by a series of
international human rights conventions, declarations, treaties, and other legal
instruments and monitoring institutions.
●​ These are applied on a permanent basis at both global and regional levels, with
most, if not all, containing references to the UDHR in their preambles.

Legal Status of the UDHR

●​ The UDHR itself is not considered a legally binding document.

●​ However, all 193 member states of the United Nations have ratified at least 1 of the 9
binding treaties influenced by the Declaration, with the vast majority ratifying 4 or
more.

The 9 treaties are:

1.​ ICERD (1965) – International Convention on the Elimination of All Forms of Racial
Discrimination
2.​ ICCPR (1966) – International Covenant on Civil and Political Rights
3.​ ICESCR (1966) – International Covenant on Economic, Social and Cultural Rights
4.​ CEDAW (1979) – Convention on the Elimination of All Forms of Discrimination
against Women
5.​ CAT (1984) – Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
6.​ CRC (1989) – Convention on the Rights of the Child
 7.​ ICMW (1990) – International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families
8.​ CRPD (2006) – Convention on the Rights of Persons with Disabilities
9.​ CPED (2006) – International Convention for the Protection of All Persons from
Enforced Disappearance

Drafting and Influence

●​ UDHR was drafted by representatives with different legal and cultural backgrounds
from all world regions.
●​ Serves as a "common standard of achievements for all peoples and all nations".
●​ Translated into over 500 languages.
●​ Comprises 30 articles.
●​ Celebrated its 75th anniversary on 10 December 2023, continuing to serve as the
foundation for international human rights law.

International Bill of Human Rights

●​ The ICCPR (1966) and ICESCR (1966) combined with UDHR form the International
Bill of Human Rights.​

●​ Originally planned as one document but split into:​

○​ UDHR (general principles of human rights)

○​ Covenants (binding commitments): ICCPR (Civil & Political Rights), ICESCR
(Economic, Social & Cultural Rights).
●​ ICCPR deals with "negative" rights (requiring state inaction), protecting individuals
from state abuse.​

●​ ICESCR deals with "positive" rights (requiring state action), ensuring basic social and
economic standards.

Historical Context of UDHR

●​ The French Revolution emphasized citizenship and equality, influencing Jewish and
Romani communities, granting rights and protections previously denied.
Nonetheless, full realization took time due to persistent societal prejudices.​

●​ Post-World War I saw European empires dissolve, creating large stateless

populations. The emergence of stateless people facilitated atrocities during WWII,
particularly targeting Jewish communities.​

●​ Nuremberg Laws (Nazi Germany) targeted Jews, Romani people ("Gypsies"), and
people of color, denying basic rights.​

Statelessness and Nationality (UDHR Article 15)

 ●​ Statelessness: condition of individuals not considered nationals by any country.
●​ Causes: gaps in nationality laws, legal conflicts, discriminatory practices.
●​ Consequences: limited access to education, healthcare, employment, freedom of
movement.

UDHR Article 15:

●​ "Everyone has the right to a nationality. No one shall be arbitrarily deprived of his
nationality nor denied the right to change his nationality."

International instruments addressing statelessness:

●​ Convention relating to the Status of Stateless Persons (1954)

●​ Convention on the Reduction of Statelessness (1961)

Events Leading to UDHR Creation

Contextual factors after WWII leading to UDHR:

●​ Exposure of Nazi atrocities.

●​ Cold War emergence (1947-1991).
●​ Decolonization of Asia and anti-colonial movements in Africa.

Adoption of UDHR (10 December 1948)

58 countries participated in voting:

●​ YES (48 countries):​

Australia, Belgium, Canada, Denmark, France, Greece, Iceland, Luxembourg,
Netherlands, New Zealand, Norway, Sweden, UK, USA, Afghanistan, Argentina,
Bolivia, Brazil, Burma (Myanmar), Chile, China, Colombia, Costa Rica, Cuba,
Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, Guatemala, Haiti, India,
Iran, Iraq, Lebanon, Liberia, Mexico, Nicaragua, Pakistan, Panama, Paraguay, Peru,
Philippines, Siam (Thailand), Syria, Turkey, Uruguay, Venezuela.​

●​ ABSTAINED (8 countries):​
Byelorussian SSR, Czechoslovakia, Poland, Ukrainian SSR, USSR, Yugoslavia,
Saudi Arabia, Union of South Africa.

3. Three Generations of Human Rights

Human rights are categorized into three generations, each representing different aspects of
rights development over time.

First Generation: Civil and Political Rights

●​ Represented by the International Covenant on Civil and Political Rights (ICCPR,

1966).
 ●​ Deals with "negative rights" – rights that require state inaction to protect individuals
from government overreach.

Key Rights Include:

●​ Right to life
●​ Equality before the law
●​ Freedom of speech
●​ Freedom of religion
●​ Property rights
●​ Right to a fair trial
●​ Voting rights

ICCPR Optional Protocols:

1.​ First Optional Protocol:

○​ Establishes an individual complaint mechanism, allowing people to bring
cases before the Human Rights Committee.
2.​ Second Optional Protocol:
○​ Abolishes the death penalty.

Historical Precedents of First-Generation Rights:

●​ Enlightenment era: Philosophers such as Voltaire emphasized individual rights and

freedoms.
●​ Bill of Rights (USA, 1791).
●​ Declaration of the Rights of Man and of the Citizen (France, 1789).
●​ Olympe de Gouges: Declaration of the Rights of Women and Citizens (1791).
●​ Mary Wollstonecraft: A Vindication of the Rights of Woman (1792).

Second Generation: Economic, Social, and Cultural Rights

●​ Represented by the International Covenant on Economic, Social, and Cultural Rights

(ICESCR, 1966).
●​ Deals with "positive rights" – rights that require state action to ensure fulfillment.

Key Rights Include:

●​ Right to education
●​ Right to an adequate standard of living (housing, healthcare, food, social security)
●​ Labor rights (right to work, equal pay, living wage)
●​ Copyrights and patents (authors' rights)
●​ Right to participate in cultural life

Historical Precedents of Second-Generation Rights:

●​ Mexican Revolution (1910-1920) & Russian Revolution (1917-1923):​

 ○​ Advocated for workers’ rights, minority rights, education, and economic
justice.
○​ Established the principle that the state must support individual and collective
development.
●​ International Labour Organization (1919) (as part of the Treaty of Versailles):​

○​ Recognized that peace depends on social justice.

●​ Franklin D. Roosevelt’s "Second Bill of Rights" (1944):​

○​ Proposed:
■​ Right to employment
■​ Right to a fair income for food, housing, and recreation
■​ Farmers' rights to fair wages
■​ Freedom from unfair monopolies
■​ Decent housing
■​ Medical care
■​ Social security
■​ Education

Third Generation: Solidarity Rights

Also called "Collective Rights", these go beyond individual and state obligations and
emphasize global cooperation.

Key Rights Include:

●​ Right to self-determination of peoples (UN Charter, 1945)

●​ Right to peace (1984)
●​ Right to development (1986)
●​ Right to a healthy environment
●​ Right to humanitarian assistance (Geneva Convention, 1949 & Additional Protocols,
1977)
●​ Right to participation in cultural heritage

Challenges of Third-Generation Rights:

●​ Conflict between individual vs. collective rights:

○​ UDHR primarily focuses on individual rights, while third-generation rights
focus on group rights.
○​ Example: The right to self-determination may conflict with individual rights
within a state.

Criticism of the "Three Generations" Model

●​ Proposed in 1979 by Czech jurist Karel Vasak.

●​ Uses "generations" instead of "types", linking rights to historical events.
●​ Criticized for creating a hierarchy, where civil and political rights seem more
fundamental than social and economic rights.
 ●​ Human rights should be interdependent, not ranked.

Fourth Generation (Emerging Concept)

Some scholars propose a fourth generation related to digitalization and information

technology.

Proposed Fourth-Generation Rights:

●​ Right to digital access (equal access to digital technologies).

●​ Right to digital self-determination (protecting individual and collective autonomy in
cyberspace).
●​ Right to digital security.
●​ Right to control personal digital data (habeas data – protection of personal online
information).

4. Human Rights Features (Principles)

Human rights are based on five foundational principles, reaffirmed in the Vienna Declaration
and Programme of Action (1993).

Five Core Principles of Human Rights:

1.​ Universal​

○​ Human rights apply to all people, everywhere.

2.​ Interdependent​

○​ The realization of one right affects the realization of others.

3.​ Interrelated​

○​ Strengthening one right enhances others.

4.​ Indivisible​

○​ All rights are equal and must be respected.

5.​ Inalienable​

○​ Rights cannot be taken away except in very limited situations (e.g., legal
restrictions for national security).

Vienna Declaration (1993)

●​ Adopted at the World Conference on Human Rights in Vienna (June 14-25, 1993).
●​ Attended by 171 states and various NGOs.
●​ Established human rights as universal, indivisible, and interdependent.
●​ Stressed equal treatment of civil, political, economic, social, and cultural rights.
Key Quote: "All human rights are universal, indivisible, and interdependent. The international
community must treat human rights globally in a fair and equal manner."​
— Vienna Declaration and Programme of Action (1993)

Women and Non-Western Contributions to Human Rights

Non-Western perspectives played a crucial role in shaping the Universal Declaration of

Human Rights (UDHR).

Key Figures & Their Contributions:

●​ Hansa Mehta (India)​

○​ Replaced "All men are born free and equal" with "All human beings are born
free and equal" in Article 1.
●​ Peng Chun Chang (China)​

○​ Promoted the idea that all humans are "endowed with reason and
conscience", influenced by Confucian philosophy.
○​ Advocated for human rights regardless of territorial status.
●​ Begum Shaista Ikramullah (Pakistan)​

○​ Advocated for Article 16 (equal rights in marriage) to combat child and forced
marriage.
●​ Evdokia Uralova (Belarus)​

○​ Supported Article 23 (equal pay for equal work).

Final Notes

●​ The recognition of diverse contributions emphasizes that human rights are a global,
collaborative effort, not just a Western construct.
●​ Ongoing discussions around new human rights (fourth generation) reflect the
evolving nature of rights in a digital and globalized world.

Cultural Relativism vs. Universalism

Universalism vs. Relativism

Cultural background is considered one of the primary sources of identity, providing a

significant basis for self-definition, expression, and a sense of group belonging.

As cultures interact and intermix, cultural identities undergo changes. This process can be
both enriching and disorienting. People often seek comfort and security in what they already
know and what defines their sense of self.
The question arises as to how these ideas relate to the concept of universality within the
framework of the Universal Declaration of Human Rights (UDHR).

Key Question:

Can universal human rights exist in a culturally diverse world, and if so, how?

These questions specifically touch upon the ongoing debate over universal human rights and
cultural relativism.

Universalism Perspective

●​ Universal human rights, as proposed by the Universal Declaration of Human Rights

(UDHR), are an international legal imperative for everyone.
●​ They do not clash with cultural diversity but instead emerge with sufficient flexibility to
respect and protect cultural diversity and integrity through covenants and other
documents.

The flexibility of human rights to be relevant to diverse cultures is facilitated by:

●​ Minimum standards for human dignity.

●​ Cultural rights that incorporate and respect diversity.

Universal human rights do not impose one cultural standard; rather, they:

●​ Establish a legal standard of minimum protection necessary for human dignity.

●​ Represent the hard-won consensus of the international community.
●​ Are not the result of cultural imperialism from any region or tradition.
●​ Are not oriented towards one culture to the exclusion of others.

Relativism Perspective

Cultural relativism asserts that human values vary significantly according to different cultural
perspectives, challenging the notion of universal values.

According to this viewpoint:

●​ Human rights are culturally relative rather than universal.

●​ Their enforcement is subject to each state’s discretion rather than an international
legal imperative.

Problems with Extreme Cultural Relativism:

If cultural tradition alone governs a state's compliance with international standards, it could
legitimize widespread disregard, abuse, and violation of human rights.​
Example: Female Genital Mutilation (FGM), often defended on cultural grounds.

Relativism Criticism (1948 Context)

 ●​ In 1948, when the UDHR was drafted, there were only 78 independent countries.​

●​ The rights enshrined in the Universal Declaration are those of liberal Western
democracies, such as:​

○​ Right to property
○​ Religious freedom
○​ Equality of men and women
○​ Elections
●​ Some rights conflict with non-Western traditions and moral values (e.g., polygamy).​

●​ The drafting committee had only 9 people, 1 of whom was a woman.

Possible Solution?

According to Diana Ayton-Shenker (1995, The Challenge of Human Rights and Cultural
Diversity, United Nations Background Note, New York, March 1995):

●​ When culture and tradition are healthy, they protect human life, liberty, and security.
●​ Thus, they are compatible with universal human rights.
●​ Instead of limiting human rights to fit cultural traditions, she suggests:
○​ Using traditional values to reinforce human rights application.
○​ Bridging the gap between cultural diversity and universal rights by
incorporating cultural perspectives into human rights implementation.

This approach respects cultural context while upholding fundamental human rights
principles.

UDHR vs. Cairo Declaration (1990)

●​ The UDHR is considered a landmark achievement in global human rights protection.

●​ At its adoption, all Islamic countries (except Saudi Arabia) signed it.
●​ Over time, several Muslim countries criticized it, arguing:
○​ It did not account for non-Western cultural and religious contexts.
○​ It reflected a secular, Judeo-Christian-influenced framework that contradicted
Islamic law.

Islamic Response: The Cairo Declaration on Human Rights in Islam (CDHRI, 1990)

●​ Adopted by the Organization of the Islamic Conference (OIC) in 1990.

●​ Signed by 45 countries as of 2012.
●​ Revised in 2020 – now two versions exist.

This document focuses on the 1990 version.

UDHR vs. Cairo Declaration (1990) – Sharia Law Context

Sharia Law:
 ●​ A religious legal system derived from:
○​ The Quran (holy book of Islam).
○​ The Hadith (narratives of Prophet Muhammad).
○​ Consensus of Islamic scholars.
●​ Governs personal conduct, family law, business transactions, and more.
●​ Includes rules on:
○​ Prayer, fasting, charity, and pilgrimage.
○​ Marriage, divorce, inheritance, and criminal justice.

Controversies Around Sharia Law:

●​ Debates on its compatibility with modern legal systems.

●​ Concerns over human rights violations related to:
○​ Corporal punishment
○​ Freedom of religion
○​ Gender equality

Key Differences: UDHR vs. Cairo Declaration (1990)

●​ Cairo Declaration begins with a religious statement:​

○​ "All human beings form one family whose members are united by their
subordination to Allah and descent from Adam." (Art. 1a)
○​ Unlike the UDHR, this is explicitly religious.
●​ Key Articles in the Cairo Declaration (1990):​

○​ Art. 2: Proclaims the sanctity of life but states that life can only be taken away
for "Sharia-prescribed reasons."
○​ Art. 6a: Men and women have equal dignity but not equal rights.
○​ Art. 7b: Mandates Islamic education.
○​ Art. 10: Prohibits conversion from Islam.

Criticism of the Cairo Declaration (1990 Version)

●​ International Commission of Jurists argued that the CDHRI:

○​ Threatens the global consensus on human rights.
○​ Introduces discrimination against non-Muslims and women.
○​ Restricts fundamental rights and freedoms.
○​ Uses Sharia law to justify corporal punishment.

Revised Version (2020)

●​ The 2020 version does not explicitly invoke Sharia law as the sole legal basis.
●​ The Independent Permanent Human Rights Commission (IPHRC) (established in
2011) influenced this revision.

African Charter on Human and Peoples' Rights (Banjul Charter, 1981)

 ●​ A regional human rights treaty adopted in 1981 by the Organization of African Unity
(now the African Union).
●​ Entered into force in 1986.
●​ Aims to protect human rights in the African context.

Key Features:

●​ Recognizes collective ("peoples' rights"), unlike European or Inter-American human

rights instruments.
●​ Emphasizes group rights alongside individual rights.

Context Behind Peoples' Rights in Africa

1.​ Traditional & Cultural Context:​

○​ "In Africa, man is part and parcel of the group."

○​ "Individual rights can only be justified by the rights of the community."​
(Emmanuel Bello, 2015)
2.​ Colonial History & Independence Struggles:​

○​ African peoples experienced colonization and slavery as collective suffering.

○​ "Peoples' rights" reflect claims for independence.

Problems:

●​ Unclear who the beneficiaries are.

●​ Potential conflict between individual vs. collective rights.

Additional Debates and Controversies

Conflicting Human Rights

●​ A common challenge in human rights discourse is the conflict between different

rights.
●​ Certain rights may come into direct conflict with one another, requiring legal and
ethical balancing.
●​ Examples:
○​ Religious freedom vs. gender equality
○​ Freedom of expression vs. protection from hate speech
○​ Cultural practices vs. individual rights

About Duty-Bearers and Right-Holders

●​ Duty-bearers: Entities (usually states) that are responsible for protecting, promoting,
and fulfilling human rights.
●​ Right-holders: Individuals or groups who claim these rights and must be ensured
access to them.
 ●​ The balance of power between duty-bearers and right-holders often determines the
effectiveness of human rights protections.

Human Rights Enforcement Mechanisms

●​ How are human rights enforced?

○​ International treaties and monitoring bodies
○​ Regional human rights courts (e.g., European Court of Human Rights,
Inter-American Court of Human Rights, African Court on Human and Peoples’
Rights)
○​ Non-Governmental Organizations (NGOs) like Amnesty International and
Human Rights Watch
○​ Universal Periodic Review (UPR) by the United Nations Human Rights
Council

Conclusion

Key Takeaways

●​ The debate between universalism and cultural relativism is one of the most complex
issues in human rights theory.
●​ Universalists argue that human rights apply to all and represent a global consensus.
●​ Relativists contend that human rights should be interpreted within specific cultural
and historical contexts.

Case Studies Explored

●​ UDHR vs. Cairo Declaration on Human Rights in Islam (1990 & 2020 versions)
●​ The African Charter on Human and Peoples’ Rights (Banjul Charter, 1981)

Ongoing Challenges

●​ How to balance cultural traditions and universal human rights.

●​ Addressing conflicting rights in diverse legal systems.
●​ Strengthening enforcement mechanisms to ensure accountability.