Understanding Human Rights Fundamentals
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ScribdTranslationsUnderstanding Human Rights Fundamentals
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ScribdTranslationsHUMAN RIGHTS
Inherent rights (natural and permanent) to all human beings without distinction of
nationality, place of residence, sex, national/ethnic origin, color, religion, language, etc.
We all have the same rights, without any discrimination.
Human Rights for Natural Law
Set of attributes (quality, characteristic), values, freedoms that man
by its human nature possesses and has acquired from its own nature,
values or attributes like life, liberty.
Human Rights for Positivism
Set of freedoms, powers, attributes recognized by the constitution of the
inhabitants of a country in their condition as human beings.
FUNDAMENTALS OF HUMAN RIGHTS
The reality or social or intersubjective realities that provide to the
human rights the necessary consistency for them to be recognized,
respected and promoted as a whole in an indivisible and interdependent manner and
they can project themselves towards development, this reality is the dignity of the person
humana
CHARACTERS OF HUMAN RIGHTS FOUNDATION
Stable and permanent foundation
Historical character, because it takes on meaning according to different eras or
cultures
A universally accepted formal concept that is the right to dignity
Concept that is historically enriched throughout history
19TH CENTURY: CONSTITUTIONAL POSITIVIZATION OF RIGHTS
They are linked to the constitutional movement, typical of the time. They are
constitutional declarations of a liberal sign.
It follows the line established by the Declaration of the Rights of Man and of
Citizen of 1789.
The abstract philosophical tone begins to be abandoned. A new line of
specification of rights. It is the process of constitutional positivization of the
rights.
Human Rights are no longer referred to all men in general, but to
the citizens of a certain country. It is the process of subjectivation,
Rights guarantees are beginning to be specified. It is the process of positivization.
of the guarantees.
UNIVERSAL DECLARATION OF HUMAN RIGHTS OF 1948
The Universal Declaration of Human Rights is a resolution adopted in
December 1948 by the General Assembly of the United Nations
United Nations (UN).
The objective of this declaration is to promote and enhance respect for rights.
humans and fundamental freedoms.
This declaration proclaims personal, civil, political, and economic rights.
social and cultural aspects of man, which are only limited by the
recognition of the rights and freedoms of others, as well as for the
requirements of morality, public order, and general welfare.
PRINCIPLES OF HUMAN RIGHTS
Co-responsibility: We are all responsible both individually and collectively.
against the subject of these rights so that they can have full validity.
Its transcendence to positive law: It does not need to be expressly recognized
by the internal legislation of a state so that its citizens are protected
CHARACTERS OF HUMAN RIGHTS
No immutability: since the nature of human rights does not change or
varies in tempo.
PRINCIPLES OF HUMAN RIGHTS
Universality (that which is universal for everyone): Because by the mere fact of being
man regardless of any accidental characteristics of his person does not
these rights can be deprived.
Imprescriptibility (that does not lose validity): Rights never expire
as long as there are human beings.
Irrevocability: Since it is not possible to renounce them, just as it is not possible
to renounce being a human and the irrenunciability lies in the fact that it is impossible to dispose of
arbitrarily from them
Inviolability: Because they possess an irreducible nature and are always present above all.
power group or individual highlighting the need to protect and guarantee them
Effectiveness: Since they are not aspirations or principled formulations, they must be
respect and be standardized before society and the legal order
Equality in rights: They protect every human being equally.
an absolute identity of rights in each and every person.
CHARACTERISTICS OF THE OBJECT OF HUMAN RIGHTS
They arise based on the existence of certain social needs.
They are formed at the confluence of radical values and social needs
The goods of personality have a historical character.
They are the same for all human beings
CHARACTERISTICS OF HUMAN RIGHTS
Historical character:
The concept arises from the entry of man into society in what is called
state of nature. It implies the following consequences:
. A) The concept is always in fieri, in a continuous process of creation
enriching itself with historical changes and depending on them
. B) A situational consequence can be given from a
a specific historical perspective and a specific culture
. C) Human rights correspond to certain
political structures specific to a certain moment
They are not taxative (they are not definitive): there is no definitive catalog of rights, their
existence and enumeration depend on multiple factors such as:
The needs and forms of aggression against rights at each moment
historical, as they are normative and non-normative responses
The degree of awareness of them
Diverse interpretation and conception of human rights according to
various ideologies and influences
Forms of social and political organization as determined objectives of their
existence
Procedural character: The normative order, its procedural guarantees and its degree of
doctrinal elaboration derives from a process of evolution.
Absolute character: It constitutes the most important and radical normative scope.
Expansive character: 3 generations of human rights emerge: human rights are demands.
from the international community.
CLASSIFICATION OF HUMAN RIGHTS
First Generation (Civil and Political Rights): Those rights that are
they attribute to people as citizens belonging to a certain
state and that pose a series of barriers and demands against the power of
State.
Civil rights: the right to life: "right to life in meaning
strict" (hunger, death penalty, abortion): right to integrity
personal (psychophysical and moral integrity). "right to personal security"
(nacionalidad, migración, asilo)
Political rights: right to political association. right of assembly,
right to access public office, right to vote, active and passive.
RIGHT TO: Life, Honor, Freedom, security and integrity
personal, To Freedom of Expression. To choose and be chosen, To petition, To
free transit
Second Generation (Economic, Social and Cultural Rights): are those that
set of rights provision, which consists of specifying those
claims of individuals and peoples consisting of obtaining
provisions of goods or activities, within the socio-economic scope, against
to the individuals and groups that hold state power and against the groups
dominant social.
Economic, social and cultural rights: a set of rights,
benefit, specify those claims of individuals and peoples
consistent in obtaining benefits.
Classification: right to work, Trade Union Rights, right to security
social. Right to food, clothing, decent housing, health, education.
access to science and technology.
RIGHT TO: Work, Education, Health, Protection
assistance to family minors, to the home.
Third Generation (Rights of Peoples): it refers to the existence in
the last few years alongside the recognition and claim of the traditional
rights of new human rights, arising as a consequence of the
specificity of the current historical circumstances and that respond primarily to
value solidarity
The right of peoples: arises as a consequence of circumstances
current historical events that respond above all to the value of solidarity.
It receives several names: people's right, cooperation, solidarity.
Classification: right to self-determination of peoples, right to
development, right to a healthy environment, right to peace
RIGHT: To Development, To the self-determination of peoples, To the environment
environment, To peace