Human Rights:
An Introduction
Harkristuti Harkrisnowo
Universitas Indonesia
Human Rights
• Rights & fundamental freedoms inherent to
all human beings, regardless of race, sex,
nationality, ethnicity, language, religion or
any other status
• Everyone is entitled to these rights without
any discrimination
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Human Rights
A set of rights bestowed by God
Almighty in the essence and being of
human as creation of God which
must be respected, held in the
highest esteem, and protected by the
State, laws, government and all
people, in order to protect human
dignity and worth.
[Article1.1 Law No. 39 of 1999 on
Human Rights HAM]
World Conference on
Human Rights
Held in Vienna in 1993, declared that :
All human beings are born free and equal in
dignity and rights
They are endowed with reason and
conscience and should act toward one
another in a spririt of brotherhood.
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Lingkungan hidup
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Economic, Social & Cultural Rights
• Equal rights between women and men
• The right to a decent job
• The right to establish a trade union
• Rights in family & marriage
• Right to a decent life
• Right to education
• The right to participate in cultural life
• Right to information
Human Rights Obligation of the State
• To Fulfill --_ ecosob rights
• To Respect civil & political rights
• To Protect both rights
Civil & Political Rights
• the right to self-determination
• non - discrimination
• equality between women
• right to live
• the right to be free from torture
• the right to basic freedoms
• the right to freedom of movement
• access to justice in the judicial process
• right to have a family
• the right to believe
• the right to assembly and association
Why Human Rights?
• Human community can only develop if there is recognition of inherent dignity, equal
and inseparable rights of all people.
• Ignorance of human rights results in cruel & inhuman behavior
• Humans must be protected so that they are not forced to rebel against tyranny and
oppression
• Equality needs to be encouraged so that social development / social development
& a better standard of living can be achieved
• It is necessary to have a common standard on human rights for all people and
nations, AND
• Every country is obliged to ensure that human rights are protected and promoted
Human Rights & Law
• Disregard and contempt for human rights have resulted in barbarous
acts which have outraged the conscience of mankind
• human beings shall enjoy freedom of speech and belief and freedom
from fear and want has been proclaimed as the highest aspiration of
the common people,
• if man is not to be compelled to have recourse, as a last resort, to
rebellion against tyranny and oppression, that human rights should be
protected by the rule of law
Generations of Human Rights
Introduced by Karl Vasak
• Generation I: Negative rights / civil liberties, obliging the state not to
interfere with personal freedom
• Generation II: Positive rights: giving rights to individuals or groups for
the provision of public goods and social services
• Generation III Composite rights, the right to development, peace and a
clean environment
• LIBERTE, EGALITE ET HUMANITE
Universal Declaration of Human Rights
• Whereas recognition of the inherent dignity and of the equal
and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world,
• Whereas disregard and contempt for human rights have
resulted in barbarous acts which have outraged the conscience
of mankind, and the advent of a world in which human beings
shall enjoy freedom of speech and belief and freedom from
fear and want has been proclaimed as the highest aspiration of
the common people,
• Whereas it is essential, if man is not to be compelled to have
recourse, as a last resort, to rebellion against tyranny and
oppression, that human rights should be protected by the rule
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Thus…
• Equality is to be promoted in order for the social
development & better standards of living are to be achieved
• Such is that it is necessary to have a common standard of
Human Rights for all peoples, AND
• Each country is obliged to ensure that provide that Human
Rights are to be protected and promoted
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Characteristics of Human Rights
• Internationally guaranteed
• Legally protected
• Focus on dignity of the human being
• Protect the individual & groups
• Oblige states and state actors
• Cannot be waived/taken away
• Equal and interdependent
• Universal
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Indivisibility of Human Rights
• All human rights are universal, indivisible and
interdependent and interrelated.
• The international community must treat human rights
globally in a fair and equal manner, on the same footing,
and with the same emphasis.
• While the significance of national and regional particularities
and various historical, cultural and religious backgrounds
must be borne in mind, it is the duty of States, regardless of
their political, economic and cultural systems, to promote
and protect all human rights and fundamental freedoms.”
[The Vienna Declaration and Program of Action (June 1993, Paragraph 5)]
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Main Principles of Human Rights
Equity Dignity Humanity
Respect to
Equality Freedom rights of
others
Non Freedom to
Solidarity
discrimination choose
Equality of
Autonomy
opportunity
Equality of access
on public services
Participation
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Civ il a nd P olit ical Econom ic, socia l, a nd Ratio nale fo r cha llenging
rig hts (CP R) cult ura l rig hts ( ESCR ) the dist inc tio n
Obje c t ive is to Obje ct ive is to ens ure Freedom r equir es both t ypes
ens ure f re edo m equa lit y of right s, a nd e qualit y must
be as sured in bot h
Ne gative (fre edo m P ositive ( rig ht to= dro it Obli gation to res pect,
f rom= dro it att ribut) cré anc e) protect , a nd fulfill a ppl y to
all rights .
Cost-f re e Re sourc es re quire d Requir em ent of resources is
(individua l (we lfa re ) de pe nde nt on the t ype of
f reedom) obligatio n not on t he t ype of
right .
Just icia ble P olit ic al o r All rights e ventuall y beco me
prog ra mmat ic justiciabl e as bett er t hey are
defi ne d
Im mediate P rogre ss ive Elem ents of im medi ate and
im ple me ntat ion im ple mentat ion progr essi ve im pleme ntatio n
appl y to all ri ghts i n var yi ng
de gre es
Absolute , Re lat ive , respo ns ive to All rights have a cor e of
imm uta ble changing condit io ns whic h t he im pl em ent ation is
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Human Rights Laws in Indonesia, e.g.
• The 1945 Constitution, 2nd Amendment
• Law no. 39 of 1999 on Human Rights
• Presidential Decree no. 36 of 1990 on Ratification of The
Convention on the Rights of the Child
• Law no. No. 7 of 1984 on the Ratification of CEDAW
• Law no. 5 of 1998 on the Convention against Torture
• Law no. 11 of 2005 on the Ratification of ICESCR
• Law no. 12 of 2005 on the Ratification of ICCPR
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Sources of International Human Rights Law
I. Customary International Law
General & consistent practice of states followed because of sense of legal
obligations
II. Treaty Law:
1. UN Charter
2. ICCPR
3. ICESCR
4. Genocide Conventions
5. Convention against Torture
6. Convention on the Elimination of all forms of Racial Discrimination
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Convention on the Elimination of all forms of Discrimination against Women
Conventions on the Rights of the Child
Convention on the Ptotection of the Rights of Migrant s and their Families
Convention relating to the Status of Refugees and its Protocol for Geneva
Conventions 0f 1949 and its Protocols
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Human Rights history in a nutshell
• Holly Scriptures
• Magna Carta (1215)
• The Great Golden Bull (1223) (Hungary)
• Westphalia Treaty (1648)
• Declaration of Independence (1776) (USA)
• Bill of Rights (1791) (USA)
• Declaration des droit de l’homme et du citoyen 1789
(France)
• Bill of Rights (1889) (United Kingdom)
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Human Rights...
• the twentieth century is marked by various international treaties on
Law on War and Labor issues
• Universal Declarations of Human Rights (1948)
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Correlates to Human Rights in Indonesia
• The socio-political conditions
• The level of economic inequality
• The level of corruption
• The law enforcement process
• The state administrators’ understanding of human rights
• The education level of the public
• Implementation of good governance principles in government institutions
Indonesia’s Human Rights Instruments, i.e
• Amendment II to the 1945 Constitution
• UU no. 39 of 1999 on Human Rights
• UU no. 26 of 2000 on the Human Rights Court
• UU no. 7 of 1984 on the Ratification of the Convention on the Elimination of All Forms of
Discrimination against Women
• Presidential Decree no. 36/1990 on the ratification of the Convention on the Rights of the
Child
• UU no. 23 of 2002 on Child Protection
• UU no. 11 of 2005 on the ratification of ICESCR
• UU no. 12 of 2005 on the ratification of the ICCPR
Basic Provisions in the Constitution
• The state recognizes and upholds human rights and fundamental
freedoms
• Protection, promotion, enforcement and fulfillment of human rights are
primarily the responsibility of the Government
• Everyone is born free with the same and equal dignity
• Everyone has the right to protection of human rights without
discrimination of any kind