HUMAN RIGHTS THEORIES

Dr. Kavita Singh,

Associate Professor
RIGHT WRONG

ETHICS
What are Human Rights?
These rights are all interrelated, interdependent and
indivisible.
We are all equally entitled to our human rights
without discrimination.
The rights inherent to all human beings, whatever our
nationality, place of residence, sex, national or ethnic
origin, colour, religion, language, or any other status.
Three keys document in respects of Human
Rights
a. Universal Declaration of Human Right 1948.
b. International Covenant of Civil and political Rights
1966.
c. International Covenant on Economic, Social and
Culture Rights 1966.
Civil and Political Rights
equality under the law
freedom from torture
freedom of assembly and association
freedom of religion
right to free speech
Social, Economic and Culture Rights
shelter and safe environment.
right to enjoy the respect of minimum health services
employment and recreation
The right to education
Human rights are inalienable
As example, the right to liberty may be restricted if a
person is found guilty of a crime by a court of law.
They should not be taken away, except in specific
situations and according to due process.
Characteristics of Human Right
All human rights are indivisible, whether
they are civil and political rights, such as the
right to life, equality before the law and
freedom of expression; economic, social and
cultural rights, such as the rights to work,
social security and education , or collective
rights, such as the rights to development
and self- determination, are indivisible,
interrelated and interdependent.
 Interdependent and indivisible
 Equal and non-discriminatory
The principle of non-discrimination is complemented
by the principle of equality, as stated in Article 1 of the
Universal Declaration of Human Rights: “All human
beings are born free and equal in dignity and
rights.”
 The principle applies to everyone in relation to all
human rights and freedoms and it prohibits
discrimination on the basis of a list of non-exhaustive
categories such as sex, race, colour and so on.
Curtailing the enjoyment of human rights.
The obligation to respect means that States must
refrain from interfering with or
 States assume obligations and duties under
international law to respect, to protect and to fulfill
human rights.
  Human rights entail both rights and obligations.
 Both Rights and Obligations
The obligation to protect requires States to protect
individuals and groups against human rights abuses.
The obligation to fulfill means that
States must take positive action to
facilitate the enjoyment of basic human
rights.
At the individual level, while we are
entitled our human rights, we should
also respect the human rights of others.
Concept of Human Rights
Western countries was the first country in
the world that human rights are reflected in
the struggle in the document:
i) Magna Charta
ii) Petition of Rights
iii) Habeas Corpus Act
iv) Bill of Rights
 MAGNA CHARTA
Magna Charta triggered on June 15, 1215 in Great Britain made ​to
limit the authority of King John in England.
The contents of this document are:-
i) King and his descendants, has promised to respect the
independence, rights, and freedom of the Church in England.
ii) King promised to the people of free government to stick to give
the following rights:
The security officer and tax collector will respect the rights of the
people.
Police can not claim a person without valid evidence and witnesses.
A child will not be the last, was arrested, found guilty without the
protection of the state and without a legitimate reason as the basis
for its actions.
When a person without legal protection have stuck in the hold, the
king promised to correct mistakes.
Petition of Rights
In the year 1628, there appears a charter
Petition of Rights. This document contains
questions regarding the rights of people
with the guarantee.
These rights are:
i) Taxes and special collections must be
accompanied by an agreement.
 ii) The Citizens can not be compelled to
accept the military at home.
 iii) Army can not use the law of war in
peace.
Habeas Corpus Act
In the year 1679, the documents present
Habeas Corpus Act and the laws that govern
the detention of a person.
Contents are:
i. A person who is arrested soon be reviewed
within two business days after the
detention.
ii. Reason for detention of a person must be
accompanied by evidence that is lawful.
Bill of Rights
In the years 1689, Bill of Rights issued and became law
received by the British parliament as a form of
resistance against King James II.
The contents of this document is:
i. Freedom in selecting members of parliament.
 ii. Freedom to speak and give opinions.
iii. The Law and formation of standing army should be
in line with parliament.
iv. The rights of citizens to embrace according to their
beliefs.
v. Parliament has the right to change the decision of
the king.
Theory of Human Rights
Moral Theory of Human Right
a people are entitled to profit or benefit of their
valuable moral needs of man.
This is because human rights are fundamental in
shaping the human dignity and honour it is to remain
virtually universal that can be applied to all individuals
regardless of race which does not take gender and age
ethnicity or nationality.
it can exist independently of the society and country
communities where people can live freely in it.
So, human rights is above the law derived from their
legal nature or not of the real moral of the constitution
or laws or specific acts committed by countries and
international organizations.
Theory of Social Justice Human Rights
Developing by Charles Beitz.
 a. proved that the distribution of rights in terms of
moral justice than human nature.
 b. Charles Beitz as claimed by the classical doctrine of
natural rights to restrict the rights of individual
security and the failure and the failure to take into
account the socio-economic demands, social justice
model provides a more comprehensive position on
human rights.
 c. Based on this theory of human rights are the rights-
based social justice norms that guarantee the good of
mankind.
Social Scientific Theory of Human Rights
the need to establish human rights agreements on
cross-cultural.
this is because high level of cultural pluralism in the
contemporary world and because of constant changes
in customs and values ​in different societies to find a
high-level agreement in respect of human rights is
clearly more difficult to obtain.
Structured Theory of Human Rights
determine that human rights policy necessarily for
human goodness.
Henry Shue - human life to live without human rights
practiced properly fit is impossible to achieve.
- there are three types of human rights - freedom, life
and safety.
THEORY OF NATURAL RIGHTS
It states that an individual enters into society with
certain basic rights and no government can deny these
rights. The natural rights evolved out of the natural
law that peoples are the creatures of nature. They exist
their lives and organize their society on the basis of
rules and principles laid down by nature. When the
idea of individualism developed in the 17th century,
theory of natural law were modified and focussed on
the rights of the [Link] be violated by
anyone or by any society because they are natural
beings.
Therefore we can clearly say that today’s human rights
are the child of ancient natural rights. The most
notable expression of this doctrine is found in the
writings of John Locke. John Locke argued that all
individuals were gifted by nature with the inherent
rights to life, liberty and property of their own and
could not be removed or abolished by state. Two
things are evident from his view of natural rights, one
is the individual is an autonomous being capable of
exercising choice and the second is the legitimacy of
government depends not only upon the will of the
people, but also upon the government’s willingness
and ability to protect those individual natural rights.
Jean Jacques Rousseau attempts to settle the
natural rights of the individual with the need for
social unity and cooperation through the idea of
the social contract. Rousseau declared that
natural law conferred inalienable sovereignty on
the citizens of the state as a whole. The most
significant details of idea of natural rights came
from the writings of Thomas Jefferson, Samuel
Adams and Thomas Paine made the natural
rights theory a powerful justification for
revolution. Positivists strongly oppose these
theory because they gave importance to society
not for individual rights. 
THEORY OF LEGAL RIGHTS
According to this theory rights are created and maintained
by the state. The state is the only source of right and outside
the state an individual has no rights at all and never claim
rights against state. The theory further maintains that
rights are not natural to man. The political pluralists object
this theory, because the state does not create rights but it only
recognizes them. One of the main exponents of this theory
was Austin. There are lot of criticism about this theory
because it does not provide an adequate basis of right. It
might tell us the character of a particular state but it does not
tell us what rights need recognition. This theory will lead to
despotic state and tyranny of laws. It does not provide a basis
to know what right ought to be ensured. Rights are in fact not
what the state grants what the man needs for his self-
development and what the state should grant.
THEORY OF HISTORICAL RIGHTS
According to this theory, rights are the product of history and
originate in its customs which passed from one generation to
another. It gives emphasis to custom. They are considered
fundamental to the growth and development of man, because
they are maintained by a long unbroken custom and the
generations have habitually followed them. The scholar Burke
maintains that the French Revolution was based on the abstract
rights of man, whereas the Glorious Revolution of England
was based on the customary rights of the people of that
country. There is much truth in what Burke says because the
French Revolution itself was the result of the prevailed
conditions of that country, but its slogan was liberty, equality
and fraternity. These three abstract principles were universally
applied.
 THEORY OF ECONOMIC RIGHTS
It finds its inspiration in the teaching of Karl Marx. It rejects the concept
of natural and other rights, stated from time to time as an explanation of
the nature of rights. Marx’s idea is simple and even convincing too to
certain extent. According to him the State is powerful agency to uphold
the particular type of social organisation and law is a tool of the State
that preserves and safeguards the interests of the dominant group in the
society. He explained that political, social, religious and other
institutions are determined by economic components, which is
essentially the mode of production. To each stage of production in the
development of society corresponds as appropriate political form and an
appropriate class structure. Every system of production leads to the rise
of two opposite classes -- the exploiters and the exploited. Laski agrees
with Marx’s idea and maintains that the way the economic power is
distributed at any given time and place will shape the character of
legal duties which are imposed on that time and place. The
economically powerful group in society dominates, controls and
regulates the machinery of the government and occupies all the key
positions of power.
The laws are so made and the policies of the governing class are so
devised and formulated that they protect the interests of this
group alone. Consequently, the dogmas of equality before the law
and other fundamental rights of the people are only a cloak of
inequality, i.e. slavery. Rights are, as such, neither the product of
human nature nor their origin can be traced to the ancient
customs, or in their inherent utility, nor are rights the result of
external conditions essential to man‟s internal and real
development. The economic structure of society at a given period
of time is the foundation on which the political system of a
country is built. In a capitalist society, the aim and nature of rights
are to promote and foster the interests and privileges of the
dominant economic group that owns productive forces. For the
masses rights are the instruments of their enslavement. Karl Marx
finally believes that rights can exist and flourish only in a classless
society where all are equal and no one is to be an exploiter. He
ignored all talk of rights in the capitalist society and regarded
fundamental rights the pillars of democracy and the fetish of
Conclusions
The description of theories of rights express the fact
that rights are originated inherently in human beings.
However, it is helpful to the development of the
human beings. Rights are the properties of human
beings. It is necessary and useful for the social
development. Human life is upgraded through these
rights. Human rights are not just a product of morality
but protect the basic freedom and well-being
necessary for human agency. Human rights represent a
social choice of a particular moral vision of human
potentiality, which rests on a particular substantive
account of the minimum requirements of a life of
dignity.
The distinctive focus of each theory results in significant
variations in their lists of specific human rights or the kind
of activities humans may indulge in. Human rights based on
subsistence would not include the range of democratic
rights that most liberals argue that an essential element of
human rights based on dignity.
Individual is absolute, that his or her reality must be
recognized unconditionally and necessarily lies at the basis
of human rights.
Regardless nationality, place of residence, sex, national or
ethnic origin, colour, religion, language, or any other status.
Human rights is a form of rights enjoyed by a citizen as
enshrined in the law
Who has human rights?
 Me
 You
 Citizens
 Non-citizens
 Criminals
 Minority groups
 Companies
 Human rights belong to all human beings by virtue of
them being human
Types of human rights
1. Absolute rights
2. Limited rights.
3. Qualified rights
Two Concept Of Rights
• Negative Rights: Positive Rights:
Rights to Non- Rights to Well-
interference  Being
Negative and positive rights are rights that oblige either
action (positive rights) or inaction (negative rights). These
obligations may be of either a legal or moral character. The
notion of positive and negative rights may also be applied
to liberty rights.
To take an example involving two parties in a court of law:
Adrian has a negative right to x against Clay if and only if
 Clay is prohibited from acting upon Adrian in some way
regarding x. In contrast, Adrian has a positive right to
x against Clay if and only if Clay is obliged to act upon
Adrian in some way regarding x. A case in point, if Adrian
has a negative right to life against Clay, then Clay is
required to refrain from killing Adrian; while if Adrian has
a positive right to life against Clay, then Clay is required to
act as necessary to preserve the life of Adrian.
Rights considered negative rights may include 
civil and political rights such as freedom of speech, life, 
private property, freedom from violent crime, freedom of religion
, habeas corpus, a fair trial, and freedom from slavery.
Rights considered positive rights, as initially proposed in 1979 by
the Czech jurist Karel Vasak, may include other civil and political
rights such as police protection of person and property and the 
right to counsel, as well as economic, social and cultural rights
 such as food, housing, public education, employment, 
national security, military, health care, social security, 
internet access, and a minimum standard of living. In the 
"three generations" account of human rights, negative rights are
often associated with the first generation of rights, while positive
rights are associated with the second and third generations.
Some philosophers disagree that the negative-positive rights
distinction is useful or valid.
The United Nations 
Universal Declaration of Human Rights lists
both positive and negative rights (but does
not identify them as such). The constitutions
of most liberal democracies guarantee
negative rights, but not all include positive
rights. Nevertheless, positive rights are often
guaranteed by other laws, and the majority
of liberal democracies provide their citizens
with publicly funded education, health care,
social security and unemployment benefits.
 Introduction to Human Rights
Human rights are traditionally categorized in the following
five types

Cultural Rights
This is compilation of Presentation to introduce HR subjects to my students with due acknowledgement to all the sources
 Basic Documents on Human Rights
1948Universal Declaration of Human Rights
1966International Covenants on Human Rights
International Covenant on CPR
International Covenant on ESCR

a) Specific topics: Torture, Racial discrimination

b) Specific victim groups: Gender, Children

General Comments & Recommendations by all treaty bodies

including:
General Comment 12, 1999
General Comment 15 on drinking water, 2002
 Civil Rights Political Rights

Economic Rights

Social Rights Cultural Rights

Civil and Political Rights

Civil Rights Political Rights

Civil rights deal with standards of judiciary

and penal systems.
Political rights deal with specific
components of participation in political
power.
These rights are often focused on when one
talks about human rights.
ESCR -Economic
The neglected half
Rights deal with theof Human
sphere Rights
of human
beings working, producing and servicing.
Social Rights deal with standard of living and
quality of life for all persons, including those not
participating in economic activities.
Cultural Rights deal with the cultural sphere of life
including ethnic culture, subcultures, arts and
science.

Economic Rights

Social Rights Cultural Rights

 “Distinctions” of CPR ESCR

Civ il a nd P o lit ic al Ec o nom ic , so c ia l, a nd Ra tio nale fo r c ha lle nging

rig hts (CP R) c ult ura l rig hts ( ESCR ) the d ist inc tio n
Obje c t ive is to Obje c t ive is to e ns u re Free dom r equir es both t ype s
e ns ure f re e do m e qua lit y of right s, a nd e qu alit y must
be as su red in bo t h

Ne g ative (fre e do m P o sitiv e ( rig ht to = dro it Obli gatio n to res pect,

f rom= d ro it att ribut) c ré anc e ) pro tect , a nd fu lfill a ppl y to
all rights .

Co st-f re e Re sourc e s re quire d Requir em ent o f re so urces is

(individua l (we lfa re ) de pe nde nt o n th e t yp e o f
f re e dom) obligatio n no t o n t he t ype o f
right .
Just icia b le P o lit ic al o r All rights e ve ntu all y b eco me
prog ra mmat ic justiciabl e as bett er t he y are
defi ne d

Im media te P rogre ss ive Elem ents of im me di ate an d

im p leme nta t ion im ple me ntat ion pro gr essi ve im ple me ntatio n
appl y to all ri ghts i n va r yi ng
de gre es
Ab solute , Re la t ive , re spo ns iv e to All rights h ave a cor e of
imm uta ble c hang ing c on d it io ns whic h t h e im pl em ent ation is
indi spensibl e
 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)
Summary
Human rights are indivisible and highly interrelated.

Po
ts li tic
i g h al
Ri
v il R gh
Ci ts

Indivisibility

ghts
s

Interrelatedness
gh t

c Ri
Interdependence
l Ri

i
ia

nom
Soc

Cultural Rights Eco

FRAMING
 OUR
What are the HUMAN
historic RIGHTS QUESTIONS
and philosophical foundations for
“human rights”?

What are the underlying principles of the Universal

Declaration of Human Rights?

How does the Universal Declaration of Human Rights and

our stories connect to Human Rights Education?
Story of the evolution of Human Rights

How do we tell our story of the evolution of human

rights and human rights education?
We must recognize our ancestors and elders, whose
shoulders we are standing upon!
Philosophical Visions:
Human Nature - A search for Common secular inquiry and human reason

400 B.C.E. est. - Mo Zi founded Mohist School of Moral Philosophy in China

Importance of duty, self-sacrifice, and an all-embracing respect for others –
“universally throughout the world”
300 B.C.E. est. – Chinese sage Mencious
Wrote on the “human nature” – “humans are fundamentally good, but goodness
needs to be nurtured”
300 B.C.E. est. – Hsun-tzu
Asserted “to relieve anxiety and eradicate strife, nothing is a effective as the
institution of corporate life based on a clear recognition of individual rights”
1750 B.C.E. – King Hammurabi in Babylon
Necessary to honor broad codes of justice among people. Created one of the
earliest legal codes to govern behavior – “let the oppressed man come under my
statue” to seek equal justice in law
Ancient Egypt
Explicit social justice – “comfort the afflicted…refrain from unjust punishment.
Kill not…make no distinction between the son of a man of importance and one
of humble origin”
Early Sanskrit writings in Indian
Responsibility of rulers for the welfare of people. “None should be allowed to
suffer… either because of poverty or of any deliberate actions on the part of
others”
Philosophical Visions:
Human Nature - A search for Common secular inquiry and human reason
300 B.C.E. – Ashoka of India
Freedom of worship and other rights of his subjects. Other leaders from this
area impartial justice and social equality and no castes should exist since all are
from one tree
16th century - Hindu philosopher Chaitanya
“There is only one caste – humanity”
Sikh leader Guru Gobind Singh
Proclaimed “recognize all the human race as one”
10th Century - Al-Farabi, an Islamic Philosopher
Wrote The Outlook of the People of the City of Virtue, a vision of moral society in
which all individual were endowed with rights and lived in love and charity with
their neighbors.
Greek Philosophers
Equal respect for all citizens (insotimia). Equality before the law (isonomia).
Equality in political power (isokratia) and Suffrage (isopsephia).
Marcus Tillius Cicero
“Universal justice and law guided human nature to act justly and be of service to
others” – This natural law “binds all human society” together, applies to every
member of “the whole human race” without distinction and unique dignity of
each person.
French philosopher Jean-Jacques Rousseau (1762)
“Man is born free, but everywhere he is in chains
 Precursors to 20th Century Human Rights Documents

 1750 B.C.E.
Code of Hammurabi, Babylonia 1648
 1200 - 300 B.C.E. Treaty of Westphalia, Europe
 Old Testament 1689
 551 - 479 B.C.E. English Bill of Rights, England
Analects of Confucius 1776
 40 - 100 C.E. Declaration of Independence,
New Testament United States
 644 - 656 C.E. 1787
Koran United States Constitution
 1215 1789
Magna Carta, England French Declaration on the Rights of
 1400 Man and the Citizen, France 1791
Code of Nezahualcoyotl, Aztec -United States Bill of Rights
 19th and 20th Century Human Rights based on
Natural
1863: Rights
Emancipation Proclamation, United States
1864 & 1949: Geneva Conventions, International Red
Cross
1919: League of Nations Covenant, International
Labor Organization (ILO) Created
1920: Women gain the right to vote in the U.S.
1926: Slavery Convention
1945: United Nations Charter, San Francisco
1947: Mohandas Gandhi uses non-violent protests
leading India to independence.
 What are the Human Rights Principles?

The rights that CORE PRINCIPLES:

someone has Human Dignity
simply because he Equality
Non-discrimination
or she is a human Universality
being & born into Interdependency
this world. Indivisibility
Inalienability
Responsibilities
 What are the Common Myths about

Human Rights
Human Rights = civil rights.
Economic, Social, and Cultural Rights (i.e.,
healthcare, housing) are privileges.
Human Rights applies only in poor, foreign
countries.
Human Rights are only concerned with
violations.
Only lawyers can understand the significance
of Human Rights.
 Universal Declaration of Human Rights
History and Current Status
The Universal Declaration of Human Rights (UDHR)
was drafted by the UN Commission on Human Rights
chaired by, then first lady, Eleanor Roosevelt. The
UDHR was adopted by the 56 member nations of the UN
General Assembly on December 10, 1948.

December 10th is celebrated around the world as

International Human Rights Day. The 192 member
states in the U.N., upon membership, agreed to educate
their citizens about the principles of the UDHR. Most of
these countries have incorporated the principles of the
UDHR into their constitutions.
“The UDHR specifies minimal conditions of a
dignified life.”
Human Rights Instruments

Organizations / agreements working for protecting,

promoting human Rights
International Bill of Human Rights

U n iv e r s a l D e c la r a tio n o f H u m a n R ig h ts
(U D H R )
D ecem be r 10 , 19 48

In t'l C o v e n a n t o n C iv il a n d P o litic a l R ig h ts In t'l C o v e n a n t o n E c o n o m ic , S o c ia l a n d C u ltu r a l R ig h ts

(IC C P R ) (IC E S C )
A d o p te d b y U N G e n e ra l A s s e m b ly in 1 9 6 6 A d o p te d b y th e U N G e n e ra l A s s e m b l y in 1 9 6 6
E n te re d in to F o rc e in 1 9 7 6 E n te re d in to F o rc e in 1 9 7 6

2 O p tio n a l P r o to c o ls to th e IC C P R
(M e m b e r n a tio n s p e rm it in d iv i d u a ls o r g ro u p s
to re p o rt p e rs o n a l h u m a n ri g h ts v io la tio n s to th e
U N H u m a n R ig h ts C o m m itte e )
 International Court of World Justice

Secretariat Security Council

General
Assembly
Economic &
Social Council Trusteeship Council

Commission on Human Rights

International Labour Organization (ILO)
United Nations Children’s Fund (UNICEF)
United Nations Development Fund for Women
United Nations Educational, Scientific & Cultural Organization (UNESCO)
World Health Organization (WHO)
Human Rights Instruments
 The UN General Assembly
The United Nations currently comprises 185 member
states, all of which belong to the General Assembly.
The General Assembly controls the UN’s finances,
makes non-binding recommendations, and oversees
and elects members of other UN organs. It is the
General Assembly that ultimately votes to adopt
human rights declarations and conventions, which
are also called treaties or covenants. For example, in
1948 when the UN Commission on Human Rights
had completed its draft of the Universal Declaration of
Human Rights, the General Assembly voted to adopt
the document.
 The UN Commission on Human Rights

The UN Commission on Human Rights

Although human rights are fundamental to all functions of the UN, human rights issues mainly fall under the
Economic and Social Council (ECOSOC). Made up of fifty-three member states elected by ECOSOC the
UN Commission on Human Rights initiates studies and fact-finding missions and discusses specific human
rights issues. It has responsibility for initiating and drafting human rights declarations and conventions.
ECOSOC also supervises intergovernmental organizations (IGOs), which are specialized agencies that
function independently with their own charter, budget, and staff but are affiliated with the UN by special
agreements. IGOs report to the ECOSOC and may be asked to review reports from certain UN bodies that
are relevant to their area of focus.
Some intergovernmental organizations that work to protect human rights include:
 International Labor Organization (ILO) – Develops international labor standards and provides technical assistance training
to governments.
 United Nations Children’s Fund (UNICEF) – Works with other UN bodies, governments, and nongovernmental organizations
to provide community-based services in primary healthcare, basic education, and safe water and sanitation for children in
developing countries. Human rights are fundamental to its programming.
 United Nations Development Fund for Women (UNIFEM) – Promotes economic and political empowerment of women in
developing countries, working to ensure their participation in development planning and practices, as well as their human rights.
 United Nations Educational, Scientific, and Cultural Organization (UNESCO) – Pursues intellectual cooperation in
education, science, culture, and communications and promotes development through social, cultural, and economic projects.
 World Health Organization (WHO) – Conducts immunization campaigns, promotes and coordinates research, and provides
technical assistance to countries that are improving their health systems.  
 Other UN Bodies and Human Rights
 The UN Security Council, comprising fifteen member states, is responsible
 Human Rights Instruments
 International Bill of Human Rights
Human Rights Defenders
Right of self-determination
Prevention of discrimination
Rights of women
Rights of the child
Slavery, servitude, forced labour and similar institutions and practices
Human rights in the administration of justice
 Freedom of information
Freedom of association  
Employment
Marriage, Family and Youth
Social welfare, progress and development
Right to enjoy culture, international cultural development and co-
operation
Nationality, statelessness, asylum and refugees
War crimes and crimes against humanity, including genocide
Humanitarian law
 Human Rights Subjects
A E H P
Adequate housing / Economic, social and Health / HIV/AIDS Poverty
Administration of cultural rights / Education Human rights / Human R
justice / AIDS  / (Right to-) / Enhancing rights education  / Human Racism and racial discrimination
rights institutions for the
Arbitrary detention  / national capacities / / Refugees / Religious intolerance
protection and promotion Right to development / Right to
Asylum Environment / Executions
of human rights (National education / Right to food
B (extrajudicial, summary or
Institutions) S
Biotechnology (& arbitrary- ) / Exploitation of
Human rights ) / the prostitution of others  / I Self-determination / Slavery
Business & human Extreme poverty  Income distribution / Social Forum / States of
rights F Independence of the Emergency / Structural
C Fair trial (right to a-) / judiciary / Indigenous adjustment and foreign debt /
Capital punishment  / Family rights / Food (Right people) / populations / Summary or arbitrary executions
Children' s rights / to -) / Forced or bonded Internally displaced T
Civil and political labour /  Foreign debt persons / International Terrorism / Torture Toxic waste
rights /Crimes (& Structural adjustment) / law and human rights /Trade and Investment
against humanity Forensic science (Human J /Traditional practices / Traffic in
D persons  / Transnational
rights and-) / Freedom of Justice (Administration
corporations 
Death penalty association / Freedom of of-)
(Capital W
opinion and expression / L
Punishment) Labor rights -Employment
War crimes Water (Right to) /
/Defenders (Human Freedom of Religion and Women
belief Law enforcement
Rights-) / Democracy X
Development (Human G M
Xenophobia (Discrimination) 
Rights in-) / Genocide Girl children / Mercenaries / Migrants /
 
Disability ( & Human Globalization / Good Minorities
Rights) Governance N
Disappearances /
National human rights /
Discrimination (other
institutions / Nationality
forms than racism &statelessness
and racial
discrimination)
Human Rights Instruments
 Human Rights USA
1997 Survey Results
Only 8% of adults and 4% of young people are aware the
Universal Declaration of Human Rights exists.
After learning about the UDHR, a large majority, 83%,
feel that the US should do more to live up to the
principles of the UDHR.
2/3 of the people polled (63%) say that the poor are
usually discriminated against in US. Others
discriminated against: the disabled (61%), the elderly
(54%), gays and lesbians (51%), Native Americans (50%),
and African Americans (41%).
 HUMAN
“Human RIGHTS EDUCATION
Rights Education is a means towards social change; a
tool to transform the theory and practical applications into
everyday social practice.”
“In conflict situations and in peace building, HRE must be seen to
benefit the target populations’ daily lives.”
“HRE focuses especially on social goals and ideals that emphasize
the dignity of all human beings and the need for laws and
institutions that enforce those standards. In so doing, HRE
contributes directly to the process of building a society based on
freedom, peace and Justice.”
Paul Martin, et al.
“Where, after all do universal rights begin? In small
places, close to home – so close and so small that they
cannot be seen on any maps of the world. Yet they are
the world of the individual person; the neighborhood
he lives in; the school or college he attends; the
factory, farm or office where he works. Such are the
places where every man, woman, and child seeks
equal justice, equal opportunity, equal dignity
without discrimination. Unless these rights have
meaning there, they have little meaning anywhere.
Without concerted citizen action to uphold them close
to home, we shall look in vain for progress in the larger
world.” Elenor Rooswelt
Formal state obligations for each human right

Three obligations of action:

 Respect
 Protect
 Fulfil

Four obligations of process:

 Non-discrimination
 Adequate progress
 Participation
 Effective remedy
Formal state obligations for each human right
Obligation Meaning
Respect The state must not interfere directly with
people realising their rights
Protect The state must stop others from interfering with
people’s rights
Fulfil The state must build the legislation, institutions,
norms to realise the right
Non The state must not discriminate in meeting its
discrimination obligations
Adequate progress Progress must occur at a rate that show
commitment
Participation People must be able to participate in realising their
rights
Effective remedy There must be a remedy for violations of
obligations
 Identifying state obligations:

Obligation Right to Education Right to a fair trial

Respect Don’t ban children from Don’t imprison without trial
school
Protect Tackle household gender bias Prevent bribery of judges
Fulfil Build schools, train teachers Build courts, train judges
Non-discrimination No ethnic bias in education No racial bias in sentencing
budgets
Adequate progress Raise enrolments by X% by Reduce case backlog by X
2005 % by 2006
Participation Community role in local Citizen jury and public
schools access
Effective remedy Make complaint procedure Right of appeal against
accessible mis-trial
Realising rights depends on more than the state

Resources and capacity

Culture, customs and norms
The strength of civil society
External impacts and pressures
Other non state actors…
 International
actors
The State

People and their rights Civil Society

Private sector

The media
 Multi-actor responsibilities: Education in India

Actor Obligation Indicator Finding

Parents Must be % of parents who % of enrolment - 89%

willing to think education is for girls, 98% for boys
send children important
to school
State Must provide % of schools with 60% leaking roof
adequate poor facilities 89% no working toilet
facilities 59% no drinking water

Community Must support % of schools with In 49% of schools no

school and community meeting for over one
teachers meetings year
Media Must report % of newspaper In one year:
neglect of articles on topic 8,500 articles on
basic foreign investment
education 2,700 on defence 60 on
rural education
 What roles can CSO* play ?
*Civil Society Organizations

Obligation Example CSO role? Examples…

Respect Don’t imprison - Monitor if there is access to lawyer
without trial - Raise awareness on rights of detained
Protect Prevent bribery - Monitor salaries
of judges - Research other pressures on judges
Fulfil Build courts, - Set targets for training of judges
train judges - Provide human rights training
Non No racial bias in - Indicators of ethnic/political bias in
discrimination sentencing sentencing, highlight in media
Adequate Reduce backlog - Monitor backlog,
progress of cases - Set targets for reduction
Participation citizen jury and - Gain respected voice in legal
public access community, ensure CSOs consulted
Effective Right of appeal - Monitor appeals, lobby cases
remedy against mis-trial - Provide legal aid