What are human rights?
Where did
they come from? Please watch!!!
• [Link]
What are human rights?
• Human rights are the basic rights and freedoms that belong to every
human in the world, from birth until death. They apply regardless of
where you are from, what you believe or how you choose to live your
life.
• They are shared by all and cannot be lost.
• The government is obliged to give the people their rights.
The idea of human rights
• We can see how enlightenment thinkers were in contrast with
Aristotle’s view:
“The male is by nature superior, and the female inferior; and the one
rules, and the other is ruled; this principle, of necessity extends to all
mankind”…….”some men are by nature free, and others slaves, and that
for these latter slavery is both expedient (convenient/practical) and
right.”
The idea of human rights
• Although natural rights have been discussed since Plato & Aristotle, it
was the philosophers of the Age of Enlightenment that developed
the modern concept of natural rights.
Perhaps the most famous: John Locke.
For Locke natural rights include perfect
equality and freedom, and the right to
preserve life and property.
The idea of human rights
• For Enlightenment philosophers, inalienable rights are God given
natural rights. Neither government nor society can ever remove or
‘alienate’ them.
• “Law of nature stands as an eternal rule to all men, legislators as well
as others”. (Locke 1690)
• The modern European anti-slavery movement drew heavily from the
concept of natural rights
The idea of human rights
Laws of Nature
Natural Law
Natural Rights
Human Rights
Although all rights are very important – human
rights should be the most powerful of all rights
since they are shared by all and cannot be lost –
INALIENABLE
History
• The guarantee for human rights and freedoms of citizens is commonly
known as a bill of rights.
• Bill of rights is embedded into democratic constitutions, ensuring that the
government’s power is checked against abuse to rights and freedoms
History
• Magna Carta
• Declaration of the Rights of Man (France)
• Bill of Rights (U.S.A)
• Universal Declaration of Human Rights (UN)
• European Human Rights Convention (EU)
• Constitution of Malta (Chapter 4)
“ The declaration itself embodies a
contradiction: the declaration requires
states to protect the ‘universal’ and
‘inalienable’ rights of all human
beings, whereas the modern institution
of the state is grounded on the
principle of national and territorial
”
sovereignty
H. Arendt – The Origins of Totalitarianism
10 Presentation title 20XX
Positive vs Natural Law
• Positive law: laws that are purely ‘positive’; what they
require is written, physical, tangible laws and statutory
laws.
Ex: laws of the state
• Natural Law and Natural Rights: the basis of such rights is
built on human characteristics or qualities. It assumes
human nature to be given and is formed the same in
human beings. Rationality and agency, amongst others,
lead to claims for an essential dignity.
Ex: Human Rights
Statutory law is therefore opposed to oral, customary or
Moral laws
The aftermath of WWII
The atrocities of WWII brought about the term human rights which is now
used in our every day vocabulary. (previously ‘the rights of man’.)
Exploitation of people:
In the WW II, ‘The Holocaust’ saw the mass extermination of 6 million
Jews who were inhumanely sent to concentration camps .
The United Nations was established in
October 1945 with the aim of preventing
future wars, to guarantee peace and
promote and protect human rights.
Made up of 51 members it soon established
a treaty which was to form the law of the
United Nations:
The Universal Declaration of
Human Rights (UDHR) was
proclaimed by the General Assembly
on 10th Dec 1948
The Declaration of Human
Rights
• The first international legal effort to limit the behaviour of states and press
upon them duties to their citizens.
• The declaration added social and
economic rights to already existing political
civil rights. Contains 30 articles in all.
• It recognised that these are as much
if not more of an attack on human dignity
as abuse of assembly or of freedom of expression
Political and civil rights
• Contradicting Aristotle the US Declaration of Independence drawn
in 1776 reads that:
“all men are created equal, that they are endowed by their creator with
certain unalienable rights, that among these are life, liberty and the
pursuit of Happiness.”
• This notion follows on from John Locke argument for consensus in
political rule against the divine right of kings. This led to the state
characterised by individualism, liberty and proper ownership.
Political & Civil Rights
• Civil Rights: Rights that restrict the powers of the government in respect of
actions affecting the individual and his or her freedom.
Right to life
Right to freedom from torture
Right to privacy
Right to liberty
Right to seek asylum
Right to freedom from thought.
• Political rights: award an opportunity upon people to contribute to the
determination of laws and participate in government
Socio – Economic Rights &
Cultural rights
• Economic rights are based on the social obligations of equality and
freedom.
• Cultural rights are a pledge for enjoyment of culture and conditions of
equality and mutual tolerance.
• Please look to page 35 of text book for definition of different rights.
Socio – Economic Rights &
Cultural rights
Economic, social, and cultural rights include the:
human right to work,
the right to an adequate standard of living, including food, clothing, and housing,
the right to physical and mental health,
the right to social security,
the right to a healthy environment,
the right to education.
After communism in the Soviet Union there was a great concern over these rights.
See page 42 of text book.
Violation of Rights
• When the state fails in its duty to ensure that social, economic and
cultural rights are respected and enjoyed without prejudice, then one
can speak of violation.
• Sometimes these rights are being abused and we aren’t even aware
– caught up in our own lifestyle.
• Exploitation of rights are happening all around us and are wide
ranging.
Case Study: Consider…
• Evictions from home
• Insufficient minimum wage.
• Lack of health care information available
• Discrimination in job recruitment
• Not enough care provided for elderly, disabled etc.
Human Rights Violations
YEMEN: 3 years of armed conflict in Yemen, as well as a blockade
imposed by a Saudi-led coalition, had “shattered” access for people’s
basic needs, including food and water. The UN: “the worst man-made
humanitarian crisis of our time.”
SYRIA: catastrophic war” in Syria is continuing to evolve on a global
scale. Human rights violations seen to continue with government and
allied forces, including Russia, carrying out indiscriminate attacks on
civilians.
Israel:
[Link]
e-israel-palestine-conflict-about-a-simple-guide
Human Rights Violations
• RUSSIA: President Vladimir Putin clamped down on free speech.
• SAUDI ARABIA: execution of Shi’a activists. Women facing systematic
discrimination in both law and in practice.
• MYANMAR: The target of Rohingya Muslims – a case of ethnic
cleansing.
• EU / AUSTRALIA: Inhumane treatment of refugees.
Malta’s Violation of Human Rights?
The Case of the El Hiblu 3
• [Link]
• The El Hiblu 3 case involves three young migrants from Guinea and Ivory Coast who
were accused of hijacking a ship, the El Hiblu 1, in 2019 after the crew tried to return
them to Libya, where they feared torture and abuse. The three were initially hailed
as translators by the ship's captain but were later charged with terrorism and piracy
by Maltese authorities. Their case has drawn significant international attention, with
many human rights groups arguing they acted in desperation to prevent being
returned to dangerous conditions in Libya.
• Marie Louise Coleiro Preca: “Disgusted” by the treatment of the Armed Forces of
Malta for “throwing youngsters in jail”
What are the human rights?
• 1. We Are All Born Free & Equal.
• 2. Don’t Discriminate. These rights belong to everybody, whatever our differences.
• 3. The Right to Life. We all have the right to life, and to live in freedom and safety.
• 4. No Slavery.
• 5. No Torture.
• 6. You Have Rights No Matter Where You Go.
• 7. We’re All Equal Before the Law.
• 8. Your Human Rights Are Protected by Law.
• 9. No Unfair Detainment.
• 10. The Right to Trial.
• 11. We’re Always Innocent Till Proven Guilty.
• 12. The Right to Privacy.
• 13. Freedom to Move.
• 14. The Right to Seek a Safe Place to Live.
• 16. Marriage and Family.
• 17. The Right to Your Own Things.
• 18. Freedom of Thought. We all have the right to believe in what we want to believe, to
have a religion, or to change it if we want.
• 19. Freedom of Expression.
• 20. The Right to Public Assembly.
• 21. The Right to Democracy. We all have the right to take part in the government of our
country.
• 22. Social Security. We all have the right to affordable housing, medicine, education,
and childcare, enough money to live on and medical help if we are ill or old.
• 23. Workers’ Rights.
• 24. Right for rest and leisure.
• 25. Food and Shelter for All. We all have the right to a good life. Mothers and
children, people who are old, unemployed or disabled, and all people have the
right to be cared for.
• 26. The Right to Education.
• 27. Copyright.
• 28. A Fair and Free World.
• 29. Responsibility/duties to the community.
• 30. No One Can Take Away Your Human Rights.