Human rights

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Rights
Theoretical distinctions
Natural and legal rights Claim rights and liberty rights Negative and positive rights Individual and Group rights
Human rights divisions
Three generations Civil and political Economic, social and cultural
Right holders
Animals · Humans Men · Women Fathers · Mothers Children · Youth · Fetuses · Students Indigenes · Minorities · LGBT
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Human rights are "rights and freedoms to which all humans are entitled."^[1] Proponents of the concept usually assert that all humans are endowed with certain entitlements merely by reason of being human.^[2]

Human rights are thus conceived in a universalist and egalitarian fashion. Such entitlements can exist as shared norms of actual human moralities, as justified moral norms or natural rights supported by strong reasons, or as legal rights either at a national level or within international law.^[3] However, there is no consensus as to precise nature of what in particular should or should not be regarded as a human right in any of the preceding senses, and the abstract concept of human rights has been a subject of intense philosophical debate and criticism.

The modern conception of human rights developed in the aftermath of the Second World War, in part as a response to the Holocaust, culminating in the signing of the Universal Declaration of Human Rights by the United Nations General Assembly in 1948. However, while the phrase "human rights" is relatively modern the intellectual foundations of the modern concept can be traced through the history of philosophy and the concepts of natural law rights and liberties as far back as the city states of Classical Greece and the development of Roman Law. The true forerunner of human rights discourse was the enlightenment concept of natural rights developed by figures such as John Locke and Immanuel Kant and through the political realm in the United States Bill of Rights and the Declaration of the Rights of Man and of the Citizen.

“	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 1 of the United Nations Universal Declaration of Human Rights (UDHR)[4]

Contents [hide] 1 History 2 International law 2.1 Universal Declaration of Human Rights 2.2 Treaties 2.3 Humanitarian Law 2.4 Universal Jurisdiction 3 International organizations 3.1 United Nations 3.1.1 Human Rights Council 3.1.2 Security Council 3.1.3 Other UN Treaty Bodies 3.2 Nongovernmental Organizations 4 Regional human rights 4.1 Africa 4.2 Americas 4.3 Asia 4.4 Europe 4.5 Oceania 5 Philosophies 5.1 Natural rights 5.2 Social contract 5.3 Reciprocity 5.4 Soviet concept of human rights 5.5 Other theories of human rights 6 Critiques of human rights 6.1 Marxist Critique of Human Rights 7 Concepts in human rights 7.1 Indivisibility and categorization 7.1.1 Indivisibility 7.1.2 Categorization 7.2 Universalism vs. cultural relativism 7.3 State and non-state actors 7.4 Theory of value and property 8 Legal issues 8.1 Human rights vs. national security 8.2 Human rights violations 9 Currently debated rights 9.1 Environmental rights 9.2 Future generations 9.3 Lesbian, Gay, Bisexual, Transgender (LGBT) rights 9.4 Trade 9.5 Water 9.6 Crime and Punishment 9.7 Fetal rights 9.8 Reproductive rights 9.9 Medicine 10 See also 11 References 12 Bibliography 13 External links

History

Although ideas of rights and liberty have existed for much of human history, it is unclear how much such liberties can be described as "human rights" in the modern sense. The concept of rights certainly existed in pre-modern cultures; ancient philosophers such as Aristotle wrote extensively on the rights (to dikaion in ancient Greek, roughly a "just claim") of citizens to property and participation in public affairs. However, neither the Greeks nor the Romans had any concept of universal human rights; slavery, for instance, was justified both in ancient and modern times as a natural condition.^[5] Medieval charters of liberty such as the English Magna Carta were not charters of human rights, let alone general charters of rights. They instead constituted a form of limited political and legal agreement to address specific political circumstances, in the case of Magna Carta later being mythologised in the course of early modern debates about rights.^[6]

Much of modern human rights law and the basis of most modern interpretations of human rights can be traced back to relatively recent European history. The Twelve Articles of the Black Forest (1525) are considered to be the first record of human rights in Europe. They were part of the peasants' demands raised towards the Swabian League in the Peasants' War in Germany. The British Bill of Rights (or “An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown”) of 1689 made illegal a range of oppressive governmental actions in the United Kingdom. Two major revolutions occurred during the 18th century, in the United States (1776) and in France (1789), leading to the adoption of the United States Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen respectively, both of which established certain legal rights. Additionally, the Virginia Declaration of Rights of 1776 encoded a number of fundamental civil rights and civil freedoms into law.

“	We hold these truths to be self-evident, 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.	”
—United States Declaration of Independence, 1776

These were followed by developments in philosophy of human rights by philosophers such as Thomas Paine, John Stuart Mill and G. W. F. Hegel during the 18th and 19th centuries. The term human rights probably came into use sometime between Paine's The Rights of Man and William Lloyd Garrison's 1831 writings in The Liberator saying he was trying to enlist his readers in "the great cause of human rights"^[7]

In the 19th century, human rights became a central concern over the issue of slavery. A number of reformers such as William Wilberforce in Britain, worked towards the abolition of slavery. This was achieved in the British Empire by the Slave Trade Act 1807 and the Slavery Abolition Act 1833. In the United States, many northern states abolished their institution of slavery by the mid 19th century, although southern states were still very much economically dependent on slave labour. Conflict and debates over the expansion of slavery to new territories culminated in the southern states' secession and the American Civil War. During the reconstruction period immediately following the war, several amendments to the United States Constitution were made. These included the 13th amendment, banning slavery, 14th amendment, assuring full citizenship and civil rights to all people born in the United States, and the 15th amendment, guaranteeing African Americans the right to vote.

Many groups and movements have managed to achieve profound social changes over the course of the 20th century in the name of human rights. In Western Europe and North America, labour unions brought about laws granting workers the right to strike, establishing minimum work conditions and forbidding or regulating child labour. The women's rights movement succeeded in gaining for many women the right to vote. National liberation movements in many countries succeeded in driving out colonial powers. One of the most influential was Mahatma Gandhi's movement to free his native India from British rule. Movements by long-oppressed racial and religious minorities succeeded in many parts of the world, among them the African American Civil Rights Movement, and more recent diverse identity politics movements, on behalf of women and minorities in the United States.

The establishment of the International Committee of the Red Cross, the 1864 Lieber Code and the first of the Geneva Conventions in 1864 laid the foundations of International humanitarian law, to be further developed following the two World Wars.

The World Wars, and the huge losses of life and gross abuses of human rights that took place during them were a driving force behind the development of modern human rights instruments. The League of Nations was established in 1919 at the negotiations over the Treaty of Versailles following the end of World War I. The League's goals included disarmament, preventing war through collective security, settling disputes between countries through negotiation, diplomacy and improving global welfare. Enshrined in its Charter was a mandate to promote many of the rights which were later included in the Universal Declaration of Human Rights.

At the 1945 Yalta Conference, the Allied Powers agreed to create a new body to supplant the League's role. This body was to be the United Nations. The United Nations has played an important role in international human rights law since its creation. Following the World Wars the United Nations and its members developed much of the discourse and the bodies of law which now make up international humanitarian law and international human rights law.

International law

Modern international conceptions of human rights can be traced to the aftermath of World War II and the foundation of the United Nations. Article 1(3) of the United Nations charter set out one of the purposes of the UN is to: "[t]o achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion".^[8] The rights espoused in the UN charter would be codified in the International Bill of Human Rights, composing the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights

Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the United Nations General Assembly^[10] in 1948, partly in response to the atrocities of World War II. Although the UDHR is a non-binding resolution, it is now considered to be a central component of international customary law which may be invoked under appropriate circumstances by national and other judiciaries.^[11] The UDHR urges member nations to promote a number of human, civil, economic and social rights, asserting these rights are part of the "foundation of freedom, justice and peace in the world." The declaration was the first international legal effort to limit the behaviour of states and press upon them duties to their citizens following the model of the rights-duty duality.

“	...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	”
—Preamble to the Universal Declaration of Human Rights, 1948

The UDHR was framed by members of the Human Rights Commission, with former First Lady Eleanor Roosevelt as Chair, who began to discuss an International Bill of Rights in 1947. The members of the Commission did not immediately agree on the form of such a bill of rights, and whether, or how, it should be enforced. The Commission proceeded to frame the UDHR and accompanying treaties, but the UDHR quickly became the priority.^[12] Canadian law professor John Humprey and French lawyer René Cassin were responsible for much of the cross-national research and the structure of the document respectively, where the articles of the declaration were interpretative of the general principle of the preamble. The document was structured by Cassin to include the basic principles of dignity, liberty, equality and brotherhood in the first two articles, followed successively by rights pertaining to individuals; rights of individuals in relation to each other and to groups; spiritual, public and political rights; and economic, social and cultural rights. The final three articles place, according to Cassin, rights in the context of limits, duties and the social and political order in which they are to be realized.^[12] Humphrey and Cassin intended the rights in the UDHR to be legally enforceable through some means, as is reflected in the third clause of the preamble:^[12]

“	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 of law.	”
—Preamble to the Universal Declaration of Human Rights, 1948

Some of the UDHR was researched and written by a committee of international experts on human rights, including representatives from all continents and all major religions, and drawing on consultation with leaders such as Mahatma Gandhi.^[13][14] The inclusion of both civil and political rights and economic, social and cultural rights^[12][15] was predicated on the assumption that basic human rights are indivisible and that the different types of rights listed are inextricably linked. This principle was not then opposed by any member states (the declaration was adopted unanimously, with the abstention of the Eastern Bloc, Apartheid South Africa and Saudi Arabia), however this principle was later subject to significant challenges.^[15]

The Universal Declaration was bifurcated into two distinct and different covenants, a Covenants on Civil and Political Rights and another Covenant on Economic, Social and Cultural Rights. Over the objection of the more developed states [Capitalist], which questioned the relevance and propriety of such provisions in covenants on human rights, both begin with the right of people to self-determination and to sovereignty over their natural resources. Then the two covenants go different ways.^[16]

The drafters of the Covenants initially intended only one instrument. The original drafts included only political and civil rights, but economic and social rights were added early. Western States then fought for, and obtained, a division into two covenants. They insisted that economic and social right were essentially aspirations or plans, not rights, since their realization depended on availability of resources and on controversial economic theory and ideology. These, they said, were not appropriate subjects for binding obligations and should not be allowed to dilute the legal character of provisions honoring political-civil rights; states prepared to assume obligations to respect political-civil rights should not be mitments^[ambiguous]. There was wide agreement and clear recognition that the means required to enforce or induce compliance with socio-economic undertakings were different from the means required for civil-political rights.^[17]

Because of the divisions over which rights to include, and because some states declined to ratify any treaties including certain specific interpretations of human rights, and despite the Soviet bloc and a number of developing countries arguing strongly for the inclusion of all rights in a so-called Unity Resolution, the rights enshrined in the UDHR were split into two separate covenants, allowing states to adopt some rights and derogate others.^{[citation needed]} Though this allowed the covenants to be created, one commentator has written that it denied the proposed principle that all rights are linked which was central to some interpretations of the UDHR.^[18][19]

Treaties

In 1966, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted by the United Nations, between them making the rights contained in the UDHR binding on all states that have signed this treaty, creating human rights law.

Since then numerous other treaties (pieces of legislation) have been offered at the international level. They are generally known as human rights instruments. Some of the most significant are:

• Convention on the Elimination of All Forms of Racial Discrimination (CERD) (adopted 1966, entry into force: 1969) [2]
• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (entry into force: 1981) [3]
• United Nations Convention Against Torture (CAT) (adopted 1984, entry into force: 1984) [4]
• Convention on the Rights of the Child (CRC) (adopted 1989, entry into force: 1989) [5]
• International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) (adopted 1990, entry into force: 2003)

Humanitarian Law

The Geneva Conventions came into being between 1864 and 1949 as a result of efforts by Henry Dunant, the founder of the International Committee of the Red Cross. The conventions safeguard the human rights of individuals involved in armed conflict, and build on the 1899 and 1907 Hague Conventions, the international community's first attempt to formalize the laws of war and war crimes in the nascent body of secular international law. The conventions were revised as a result of World War II and readopted by the international community in 1949.

The Geneva Conventions define what is today referred to as humanitarian law. The International Committee of the Red Cross is the controlling body of the Geneva conventions.

Universal Jurisdiction

Universal jurisdiction is a controversial principle in international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other relation with the prosecuting country. The state backs its claim on the grounds that the crime committed is considered a crime against all, which any state is authorized to punish. The concept of universal jurisdiction is therefore closely linked to the idea that certain international norms are erga omnes, or owed to the entire world community, as well as the concept of jus cogens.^[20]

International organizations

United Nations

The United Nations (UN) is the only multilateral governmental agency with universally accepted international jurisdiction for universal human rights legislation.^[21] Human rights are primarily governed by the United Nations Security Council and the United Nations Human Rights Council, and there are numerous committees within the UN with responsibilities for safeguarding different human rights treaties. The most senior body of the UN with regard to human rights is the Office of the High Commissioner for Human Rights. The United Nations has an international mandate to:

“	...achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, gender, language, or religion.	”
—Article 1-3 of the United Nations Charter

Human Rights Council

The United Nations Human Rights Council, created at the 2005 World Summit to replace the United Nations Commission on Human Rights, has a mandate to investigate violations of human rights.^[22] The Human Rights Council is a subsidiary body of the General Assembly^[23] and reports directly to it. It ranks below the Security Council, which is the final authority for the interpretation of the United Nations Charter.^[24] Forty-seven of the one hundred ninety-one member states sit on the council, elected by simple majority in a secret ballot of the United Nations General Assembly. Members serve a maximum of six years and may have their membership suspended for gross human rights abuses. The Council is based in Geneva, and meets three times a year; with additional meetings to respond to urgent situations.^[25]

Independent experts (rapporteurs) are retained by the Council to investigate alleged human rights abuses and to provide the Council with reports.

The Human Rights Council may request that the Security Council take action when human rights violations occur. This action may be direct actions, may involve sanctions, and the Security Council may also refer cases to the International Criminal Court (ICC) even if the issue being referred is outside the normal jurisdiction of the ICC.^[26]

Security Council

The United Nations Security Council has the primary responsibility for maintaining international peace and security and is the only body of the UN that can authorize the use of force (including in the context of peace-keeping operations), or override member nations sovereignty by issuing binding Security Council resolutions. Created by the UN Charter, it is classed as a Charter Body of the United Nations. The UN Charter gives the Security Council the power to:

• Investigate any situation threatening international peace;
• Recommend procedures for peaceful resolution of a dispute;
• Call upon other member nations to completely or partially interrupt economic relations as well as sea, air, postal, and radio communications, or to sever diplomatic relations; and
• Enforce its decisions militarily if necessary.

The Security Council hears reports from all organs of the United Nations, and can take action over any issue which it feels threatens peace and security, including human rights issues. It has at times been criticised for failing to take action to prevent human rights abuses, including the Darfur crisis, the Srebrenica massacre and the Rwandan Genocide.^{[citation needed]}

The Rome Statute of the International Criminal Court recognizes the Security Council the power to refer cases to the Court, where the Court could not otherwise exercise jurisdiction.

Other UN Treaty Bodies

A modern interpretation of the original Declaration of Human Rights was made in the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights in 1993. The degree of unanimity over these conventions, in terms of how many and which countries have ratified them varies, as does the degree to which they are respected by various states. The UN has set up a number of treaty-based bodies to monitor and study human rights, to be supported by the UN High Commissioner for Human Rights (UNHCHR). The bodies are committees of independent experts that monitor implementation of the core international human rights treaties. They are created by the treaty that they monitor.

• The Human Rights Committee promotes participation with the standards of the ICCPR. The eighteen members of the committee express opinions on member countries and make judgements on individual complaints against countries which have ratified an Optional Protocol to the treaty. The judgements, termed "views", are not legally binding.

• The Committee on Economic, Social and Cultural Rights monitors the ICESCR and makes general comments on ratifying countries performance. It does not have the power to receive complaints.

• The Committee on the Elimination of Racial Discrimination monitors the CERD and conducts regular reviews of countries' performance. It can make judgements on complaints, but these are not legally binding. It issues warnings to attempt to prevent serious contraventions of the convention.

• The Committee on the Elimination of Discrimination against Women monitors the CEDAW. It receives states' reports on their performance and comments on them, and can make judgements on complaints against countries which have opted into the 1999 Optional Protocol.

• The Committee Against Torture monitors the CAT and receives states' reports on their performance every four years and comments on them. It may visit and inspect individual countries with their consent.

• The Committee on the Rights of the Child monitors the CRC and makes comments on reports submitted by states every five years. It does not have the power to receive complaints.

• The Committee on Migrant Workers was established in 2004 and monitors the ICRMW and makes comments on reports submitted by states every five years. It will have the power to receive complaints of specific violations only once ten member states allow it.

• The Committee on the Rights of Persons with Disabilities was established in 2008 to monitor the Convention on the Rights of Persons with Disabilities.

Each treaty body receives secretariat support from the Treaties and Commission Branch of Office of the High Commissioner on Human Rights (OHCHR) in Geneva except CEDAW, which is supported by the Division for the Advancement of Women (DAW). CEDAW meets at United Nations headquarters in New York; the other treaty bodies generally meet at the United Nations Office in Geneva. The Human Rights Committee usually holds its March session in New York City.

Nongovernmental Organizations

International Nongovernmental human rights organizations such as Amnesty International and Human Rights Watch promote and monitor human rights around the world. Human Rights organizations ""translate complex international issues into activities to be undertaken by concerned citizens in their own community"^[27] Human rights organisations frequently engage in lobbying and advocacy in an effort to convince the united nations, supranational bodies and national governments to respect human rights. Many Human rights organisations have observer status at the various united nations bodies tasked with protecting human rights

[edit] Regional human rights

The three principal regional human rights instruments are the African Charter on Human and Peoples' Rights, the American Convention on Human Rights (the Americas) and the European Convention on Human Rights.

Africa

The African Union (AU) is a supranational union consisting of fifty-three African states.^[28] Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and a sustainable economy, especially by bringing an end to intra-African conflict and creating an effective common market.^[29]

The African Charter on Human and Peoples' Rights is the region's principal human rights instrument and emerged under the aegis of the Organisation of African Unity (OAU) (since replaced by the African Union). The intention to draw up the African Charter on Human and Peoples' Rights was announced in 1979 and the Charter was unanimously approved at the OAU's 1981 Assembly. Pursuant to its Article 63 (whereby it was to "come into force three months after the reception by the Secretary General of the instruments of ratification or adherence of a simple majority" of the OAU's member states), the African Charter on Human and Peoples' Rights came into effect on 21 October 1986 – in honour of which 21^st of October was declared "African Human Rights Day".^[30]

The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial organ of the African Union tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights and considering individual complaints of violations of the Charter. The Commission has three broad areas of responsibility:^[31]

• Promoting human and peoples' rights
• Protecting human and peoples' rights
• Interpreting the African Charter on Human and Peoples' Rights

In pursuit of these goals, the Commission is mandated to "collect documents, undertake studies and researches on African problems in the field of human and peoples, rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and, should the case arise, give its views or make recommendations to governments" (Charter, Art. 45).^[31]

With the creation of the African Court on Human and Peoples' Rights (under a protocol to the Charter which was adopted in 1998 and entered into force in January 2004), the Commission will have the additional task of preparing cases for submission to the Court's jurisdiction.^[32] In a July 2004 decision, the AU Assembly resolved that the future Court on Human and Peoples' Rights would be integrated with the African Court of Justice.

The Court of Justice of the African Union is intended to be the “principal judicial organ of the Union” (Protocol of the Court of Justice of the African Union, Article 2.2).^[33] Although it has not yet been established, it is intended to take over the duties of the African Commission on Human and Peoples' Rights, as well as act as the supreme court of the African Union, interpreting all necessary laws and treaties. The Protocol establishing the African Court on Human and Peoples' Rights entered into force in January 2004^[34] but its merging with the Court of Justice has delayed its establishment. The Protocol establishing the Court of Justice will come into force when ratified by 15 countries.^[35]

There are many countries in Africa accused of human rights violations by the international community and NGOs.^[36]

[show] v • d • e Human rights in Africa   Sovereign states Algeria · Angola · Benin · Botswana · Burkina Faso · Burundi · Cameroon · Cape Verde · Central African Republic · Chad · Comoros · Democratic Republic of the Congo · Republic of the Congo · Côte d'Ivoire (Ivory Coast) · Djibouti · Egypt1 · Equatorial Guinea · Eritrea · Ethiopia · Gabon · The Gambia · Ghana · Guinea · Guinea-Bissau · Kenya · Lesotho · Liberia · Libya · Madagascar · Malawi · Mali · Mauritania · Mauritius · Morocco · Mozambique · Namibia · Niger · Nigeria · Rwanda · São Tomé and Príncipe · Senegal · Seychelles · Sierra Leone · Somalia · South Africa · Sudan · Swaziland · Tanzania · Togo · Tunisia · Uganda · Zambia · Zimbabwe   States with limited recognition Sahrawi Arab Democratic Republic · Somaliland   Dependencies, autonomies, other territories Canary Islands / Ceuta / Melilla / Plazas de soberanía (Spain) · Madeira (Portugal) · Mayotte / Réunion (France) · Puntland (Somalia) · Saint Helena, Ascension and Tristan da Cunha (United Kingdom) · Southern Sudan (Sudan) · Zanzibar (Tanzania)   1 Transcontinental country.

Americas

The Organization of American States (OAS) is an international organization, headquartered in Washington, D.C., United States. Its members are the thirty-five independent states of the Americas. Over the course of the 1990s, with the end of the Cold War, the return to democracy in Latin America^{[citation needed]}, and the thrust toward globalization, the OAS made major efforts to reinvent itself to fit the new context. Its stated priorities now include the following:^[37]

• Strengthening democracy
• Working for peace
• Protecting human rights
• Combating corruption
• The rights of Indigenous Peoples
• Promoting sustainable development

The Inter-American Commission on Human Rights (the IACHR) is an autonomous organ of the Organization of American States, also based in Washington, D.C. Along with the Inter-American Court of Human Rights, based in San José, Costa Rica, it is one of the bodies that comprise the inter-American system for the promotion and protection of human rights.^[38] The IACHR is a permanent body which meets in regular and special sessions several times a year to examine allegations of human rights violations in the hemisphere. Its human rights duties stem from three documents:^[39]

• the OAS Charter
• the American Declaration of the Rights and Duties of Man
• the American Convention on Human Rights

The Inter-American Court of Human Rights was established in 1979 with the purpose of enforcing and interpreting the provisions of the American Convention on Human Rights. Its two main functions are thus adjudicatory and advisory. Under the former, it hears and rules on the specific cases of human rights violations referred to it. Under the latter, it issues opinions on matters of legal interpretation brought to its attention by other OAS bodies or member states.^[40]

Many countries in the Americas, such as Colombia, Canada, Cuba, Mexico, The United States, and Venezuela have been accused of human rights violations.

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Asia

There are no Asia-wide organisations or conventions to promote or protect human rights. Countries vary widely in their approach to human rights and their record of human rights protection.

The Association of Southeast Asian Nations (ASEAN)^[41] is a geo-political and economic organization of 10 countries located in Southeast Asia, which was formed in 1967 by Indonesia, Malaysia, the Philippines, Singapore and Thailand.^[42] The organisation now also includes Brunei, Vietnam, Laos, Myanmar and Cambodia.^[41] Its aims include the acceleration of economic growth, social progress, cultural development among its members, and the promotion of regional peace^[41]

The South Asian Association for Regional Cooperation (SAARC) is an economic and political organization of eight countries in Southern Asia, representing almost 1.5 billion people. It was established in 1985 by India, Pakistan, Bangladesh, Sri Lanka, Nepal, Maldives and Bhutan. In April 2007, at the Association's 14th summit, Afghanistan became its eighth member.^[43]

The Cooperation Council for the Arab States of the Gulf (CCASG) is a trade bloc involving the seven Arab states of the Persian Gulf, with many economic and social objectives. Created in 1981, the Council comprises the Persian Gulf states of Yemen Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates.^[44]

The Asia Cooperation Dialogue (ACD) is a body created in 2002 to promote Asian cooperation at a continental level, helping to integrate the previously separate regional organizations of political or economical cooperation. The main objectives of the ACD are as follows:^[45]

• To promote interdependence among Asian countries in all areas of cooperation by identifying Asia's common strengths and opportunities which will help reduce poverty and improve the quality of life for Asian people whilst developing a knowledge-based society within Asia and enhancing community and people empowerment;
• To expand the trade and financial market within Asia and increase the bargaining power of Asian countries in lieu of competition and, in turn, enhance Asia's economic competitiveness in the global market;
• To serve as the missing link in Asian cooperation by building upon Asia's potentials and strengths through supplementing and complementing existing cooperative frameworks so as to become a viable partner for other regions;
• To ultimately transform the Asian continent into an Asian Community, capable of interacting with the rest of the world on a more equal footing and contributing more positively towards mutual peace and prosperity.

None of the above organisations have a specific mandate to promote or protect human rights, but each has some human rights related economic, social and cultural objectives.^[45][46]

A number of Asian countries are accused of serious human rights abuses by the international community and human rights organisations.^[47]

Europe

The Council of Europe, founded in 1949, is the oldest organisation working for European integration. It is an international organisation with legal personality recognised under public international law and has observer status with the United Nations. The seat of the Council of Europe is in Strasbourg in France. The Council of Europe is responsible for both the European Convention on Human Rights and the European Court of Human Rights.^[48] These institutions bind the Council's members to a code of human rights which, though strict, are more lenient than those of the United Nations charter on human rights.^{[citation needed]} The Council also promotes the European Charter for Regional or Minority Languages and the European Social Charter.^[49] Membership is open to all European states which seek European integration, accept the principle of the rule of law and are able and willing to guarantee democracy, fundamental human rights and freedoms.^[50]

The Council of Europe is separate from the European Union, but the latter is expected to accede to the European Convention and potentially the Council itself.^{[citation needed]} The EU also has a separate human rights document; the Charter of Fundamental Rights of the European Union.^[51]

The European Convention on Human Rights defines and guarantees since 1950 human rights and fundamental freedoms in Europe.^[52] All 47 member states of the Council of Europe have signed this Convention and are therefore under the jurisdiction of the European Court of Human Rights in Strasbourg.^[52] In order to prevent torture and inhuman or degrading treatment (Article 3 of the Convention), the Committee for the Prevention of Torture was established.^[53]

The European Court of Human Rights is the only international court with jurisdiction to deal with cases brought by individuals (rather than states).^[52]

Oceania

There are no regional approaches or agreements on human rights for Oceania, but most countries have a well-regarded human rights record. However, incorporated into the 2005 Pacific Plan, is the commitment to a plan of "defence and promotion of human rights" in the region. The idea of an institutionalized regional human rights framework is ongoing, with an objective to establish an ombudsman and security structures that goes beyond the Pacific Islands Forum.[6]^[54]

Australia is the only western democracy with no constitutional or legislative bill of rights, but a number of laws have been enacted to protect human rights and the Constitution of Australia has been found to contain certain implied rights by the High Court. However, Australia has been criticised at various times for its immigration policies, treatment of asylum seekers, treatment of its indigenous population, and foreign policy.

Philosophies

Several theoretical approaches have been advanced to explain how and why human rights become part of social expectations.

One of the oldest Western philosophies on human rights is that they are a product of a natural law, stemming from different philosophical or religious grounds.

Other theories hold that human rights codify moral behavior which is a human social product developed by a process of biological and social evolution (associated with Hume). Human rights are also described as a sociological pattern of rule setting (as in the sociological theory of law and the work of Weber). These approaches include the notion that individuals in a society accept rules from legitimate authority in exchange for security and economic advantage (as in Rawls) - a social contract.

Natural rights

Natural law theories base human rights on a “natural” moral, religious or even biological order that is independent of transitory human laws or traditions.

Socrates and his philosophic heirs, Plato and Aristotle, posited the existence of natural justice or natural right (dikaion physikon, δικαιον φυσικον, Latin ius naturale). Of these, Aristotle is often said to be the father of natural law,^[55] although evidence for this is due largely to the interpretations of his work by Thomas Aquinas.^[56]

The development of this tradition of natural justice into one of natural law is usually attributed to the Stoics.^[57]

Some of the early Church Fathers sought to incorporate the until then pagan concept of natural law into Christianity. Natural law theories have featured greatly in the philosophies of Thomas Aquinas, Francisco Suárez, Richard Hooker, Thomas Hobbes, Hugo Grotius, Samuel von Pufendorf, and John Locke.

In the Seventeenth century Thomas Hobbes founded a contractualist theory of legal positivism on what all men could agree upon: what they sought (happiness) was subject to contention, but a broad consensus could form around what they feared (violent death at the hands of another). The natural law was how a rational human, seeking to survive and prosper, would act. It was discovered by considering humankind's natural rights, whereas previously it could be said that natural rights were discovered by considering the natural law. In Hobbes' opinion, the only way natural law could prevail was for men to submit to the commands of the sovereign. In this lay the foundations of the theory of a social contract between the governed and the governor.

Hugo Grotius based his philosophy of international law on natural law. He wrote that "even the will of an omnipotent being cannot change or abrogate" natural law, which "would maintain its objective validity even if we should assume the impossible, that there is no God or that he does not care for human affairs." (De iure belli ac pacis, Prolegomeni XI). This is the famous argument etiamsi daremus (non esse Deum), that made natural law no longer dependent on theology.

John Locke incorporated natural law into many of his theories and philosophy, especially in Two Treatises of Government. Locke turned Hobbes' prescription around, saying that if the ruler went against natural law and failed to protect "life, liberty, and property," people could justifiably overthrow the existing state and create a new one.

The Belgian philosopher of law Frank Van Dun is one among those who are elaborating a secular conception^[58] of natural law in the liberal tradition. There are also emerging and secular forms of natural law theory that define human rights as derivative of the notion of universal human dignity.^[59]

The term "human rights" has replaced the term "natural rights" in popularity, because the rights are less and less frequently seen as requiring natural law for their existence.^[60]

Social contract

The English philosopher Thomas Hobbes suggested the existence of a hypothetical social contract where a group of free individuals agree for the sake of the common good to form institutions to govern themselves. They give up some liberties in exchange for protection from the Sovereign. This led to John Locke's theory that a failure of the government to secure rights is a failure which justifies the removal of the government, and was mirrored in later postulation by Jean-Jacques Rousseau in his "Du Contrat Social" (The Social Contract).

International equity expert Paul Finn has echoed this view:

“	the most fundamental fiduciary relationship in our society is manifestly that which exists between the community (the people) and the state, its agencies and officials.	”
—Paul Finn[61]

The relationship between government and the governed in countries which follow the English law tradition is a fiduciary one. In equity law, a politician's fiduciary obligations are not only the duties of good faith and loyalty, but also include duties of skill and competence in managing a country and its people. Originating from within the Courts of Equity, the fiduciary concept exists to prevent those holding positions of power from abusing their authority. The fiduciary relationship between government and the governed arises from the governments ability to control people with the exercise of its power. In effect, if a government has the power to abolish any rights, it is equally burdened with the fiduciary duty to protect such an interest because it would benefit from the exercise of its own discretion to extinguish rights which it alone had the power to dispose of.^[61]

Reciprocity

The Golden Rule, or the ethic of reciprocity states that one must do unto others as one would be treated themselves; the principle being that reciprocal recognition and respect of rights ensures that one's own rights will be protected. This principle can be found in all the world's major religions in only slightly differing forms, and was enshrined in the "Declaration Toward a Global Ethic" by the Parliament of the World's Religions in 1993.

Soviet concept of human rights

Soviet concept of human rights was different from conceptions prevalent in the West. According to Western legal theory, "it is the individual who is the beneficiary of human rights which are to be asserted against the government", whereas Soviet law declared that state is the source of human rights^[62].^[63]. Therefore, Soviet legal system regarded law as an arm of politics and courts as agencies of the government ^[64]. Extensive extra-judiciary powers were given to the Soviet secret police agencies. The regime abolished Western rule of law, civil liberties, protection of law and guarantees of property.^[65][66]. According to Vladimir Lenin, the purpose of socialist courts was "not to eliminate terror ... but to substantiate it and legitimize in principle" ^[64].

Crime was determined not as the infraction of law, but as any action which could threaten the Soviet state and society. For example, a desire to make a profit could be interpreted as a counter-revolutionary activity punishable by death.^[64]The liquidation and deportation of millions peasants in 1928–31 was carried out within the terms of Soviet Civil Code.^[64] Some Soviet legal scholars even asserted that "criminal repression" may be applied in the absence of guilt."^[64]. Martin Latsis, chief of the Ukrainian Cheka explained: "Do not look in the file of incriminating evidence to see whether or not the accused rose up against the Soviets with arms or words. Ask him instead to which class he belongs, what is his background, his education, his profession. These are the questions that will determine the fate of the accused. That is the meaning and essence of the Red Terror."^[67]

The purpose of public trials was "not to demonstrate the existence or absence of a crime – that was predetermined by the appropriate party authorities – but to provide yet another forum for political agitation and propaganda for the instruction of the citizenry (see Moscow Trials for example). Defense lawyers, who had to be party members, were required to take their client's guilt for granted..."^[64]

Other theories of human rights

The philosopher John Finnis argues that human rights are justifiable on the grounds of their instrumental value in creating the necessary conditions for human well-being.^[68][69] Interest theories highlight the duty to respect the rights of other individuals on grounds of self-interest:

“	Human rights law, applied to a State's own citizens serves the interest of states, by, for example, minimizing the risk of violent resistance and protest and by keeping the level of dissatisfaction with the government manageable	”
—Niraj Nathwani in Rethinking refugee law[70]

The biological theory considers the comparative reproductive advantage of human social behavior based on empathy and altruism in the context of natural selection.^[71][72][73]

Human security is an emerging school of thought which challenges the traditional, state-based conception of security and argues that a people-focused approach to security is more appropriate in the modern interdependent world and would be more effective in advancing the security of individuals and societies across the globe.

Critiques of human rights

Philosophers who have criticized the concept of human rights include Jeremy Bentham, Edmund Burke, Friedrich Nietzsche and Karl Marx^{[citation needed]}. A recent critique has been advanced by Charles Blattberg in his essay "The Ironic Tragedy of Human Rights." Blattberg argues that rights talk, being abstract, demotivates people from upholding the values that rights are meant to assert.^[74] In his book After Virtue, Alasdair MacIntyre claimed the concept that all human beings have certain rights simply by virtue of being human was illogical, stated "the best reason for asserting so bluntly that there are no such rights is indeed of precisely the same type as the best reason which we possess for asserting that there are no witches and the best reason which we possess for asserting that there are no unicorns: every attempt to give good reasons for believing there are such rights has failed."^[75]

Marxist Critique of Human Rights

In On the Jewish Question, Karl Marx criticized Declaration of the Rights of Man and of the Citizen as bourgeois ideology:

Above all, we note the fact that the so-called rights of man, the droits de l'homme as distinct from the droits du citoyen, are nothing but the rights of a member of civil society -- i.e., the rights of egoistic man, of man separated from other men and from the community. ... according to the Declaration of the Rights of Man of 1791:

"Liberty consists in being able to do everything which does not harm others."

Liberty, therefore, is the right to do everything that harms no one else. The limits within which anyone can act without harming someone else are defined by law, just as the boundary between two fields is determined by a boundary post.

and that:

Security is the supreme social concept of bourgeois society, the concept of the police, the whole society exists only to ensure each of its members the preservation of his person, his rights and his property.

Thus for Marx, liberal rights and ideas of justice are premised on the idea that each of us needs protection from other human beings. Therefore liberal rights are rights of separation, designed to protect us from such perceived threats. Freedom on such a view, is freedom from interference. What this view denies is the possibility — according to Marx, the fact — that real freedom is to be found positively in our relations with other people. It is to be found in human community, not in isolation. So insisting on a regime of rights encourages us to view each other in ways which undermine the possibility of the real freedom we may find in human emancipation.

Marxist critical theorist Slavoj Žižek argued that: "liberal attitudes towards the other are characterized both by respect for otherness, openness to it, and an obsessive fear of harassment. In short, the other is welcomed insofar as its presence is not intrusive, insofar as it is not really the other. Tolerance thus coincides with its opposite. My duty to be tolerant towards the other effectively means that I should not get too close to him or her, not intrude into his space—in short, that I should respect his intolerance towards my over-proximity. This is increasingly emerging as the central human right of advanced capitalist society: the right not to be ‘harassed’, that is, to be kept at a safe distance from others." and "universal human rights are effectively the right of white, male property-owners to exchange freely on the market, exploit workers and women, and exert political domination."^[76]

Anarcho-marxists view Universal Human Rights as simply a set of laws enforced by an international government to benefit the burgeois.

Concepts in human rights

Indivisibility and categorization

The most common categorization of human rights is to split them into civil and political rights, and economic, social and cultural rights.

Civil and political rights are enshrined in articles 3 to 21 of the Universal Declaration of Human Rights (UDHR) and in the International Covenant on Civil and Political Rights (ICCPR). Economic, social and cultural rights are enshrined in articles 22 to 28 of the Universal Declaration of Human Rights (UDHR) and in the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Indivisibility

The UDHR included both economic, social and cultural rights and civil and political rights because it was based on the principle that the different rights could only successfully exist in combination:

“	The ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his social, economic and cultural rights	”
—International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights, 1966

This is held to be true because without civil and political rights the public cannot assert their economic, social and cultural rights. Similarly, without livelihoods and a working society, the public cannot assert or make use of civil or political rights (known as the full belly thesis).

The indivisibility and interdependence of all human rights has been confirmed by the 1993 Vienna Declaration and Programme of Action:

“	All human rights are universal, indivisible and interdependent and related. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis	”
—Vienna Declaration and Programme of Action, World Conference on Human Rights, 1993

This statement was again endorsed at the 2005 World Summit in New York (paragraph 121).

Although accepted by the signatories to the UDHR, most do not in practice give equal weight to the different types of rights. Some Western cultures have often given priority to civil and political rights, sometimes at the expense of economic and social rights such as the right to work, to education, health and housing. For example, in the United States there is no universal access to healthcare free at the point of use.^[77] That is not to say that Western cultures have overlooked these rights entirely (the welfare states that exist in Western Europe are evidence of this). Similarly the ex Soviet bloc countries and Asian countries have tended to give priority to economic, social and cultural rights, but have often failed to provide civil and political rights.

Categorization

Opponents of the indivisibility of human rights argue that economic, social and cultural rights are fundamentally different from civil and political rights and require completely different approaches. Economic, social and cultural rights are argued to be:^[78]

• positive, meaning that they require active provision of entitlements by the state (as opposed to the state being required only to prevent the breach of rights)
• resource-intensive, meaning that they are expensive and difficult to provide
• progressive, meaning that they will take significant time to implement
• vague, meaning they cannot be quantitatively measured, and whether they are adequately provided or not is difficult to judge
• ideologically divisive/political, meaning that there is no consensus on what should and shouldn't be provided as a right
• socialist, as opposed to capitalist
• non-justiciable, meaning that their provision, or the breach of them, cannot be judged in a court of law
• aspirations or goals, as opposed to real 'legal' rights

Similarly civil and political rights are categorized as:

• negative, meaning the state can protect them simply by taking no action
• cost-free
• immediate, meaning they can be immediately provided if the state decides to
• precise, meaning their provision is easy to judge and measure
• non-ideological/non-political
• capitalist
• justiciable
• real 'legal' rights

In The No-Nonsense Guide to Human Rights Olivia Ball and Paul Gready argue that for both civil and political rights and economic, social and cultural rights it is easy to find examples which do not fit into the above categorisation. Amongst several others, they highlight the fact that maintaining a judicial system, a fundamental requirement of the civil right to due process before the law and other rights relating to judicial process, is positive, resource-intensive, progressive and vague, while the social right to housing is precise, justiciable and can be a real 'legal' right.^[79]

Another categorization, offered by Karel Vasak, is that there are three generations of human rights: first-generation civil and political rights (right to life and political participation), second-generation economic, social and cultural rights (right to subsistence) and third-generation solidarity rights (right to peace, right to clean environment). Out of these generations, the third generation is the most debated and lacks both legal and political recognition. This categorisation is at odds with the indivisibility of rights, as it implicitly states that some rights can exist without others. Prioritisation of rights for pragmatic reasons is however a widely accepted necessity. Human rights expert Philip Alston argues:

“	If every possible human rights element is deemed to be essential or necessary, then nothing will be treated as though it is truly important.	”
—Philip Alston[80]

He, and others, urge caution with prioritisation of rights:

“	...the call for prioritizing is not to suggest that any obvious violations of rights can be ignored.	”
—Philip Alston[80]

“	Priorities, where necessary, should adhere to core concepts (such as reasonable attempts at progressive realization) and principles (such as non-discrimination, equality and participation.	”
—Olivia Ball, Paul Gready[81]

Some human rights are said to be "inalienable rights." The term inalienable rights (or unalienable rights) refers to "a set of human rights that are fundamental, are not awarded by human power, and cannot be surrendered."

Universalism vs. cultural relativism

The UDHR enshrines universal rights that apply to all humans equally, whichever geographical location, state, race or culture they belong to.

Proponents of cultural relativism argue for acceptance of different cultures, which may have practices conflicting with human rights.

For example female genital mutilation occurs in different cultures in Africa, Asia and South America. It is not mandated by any religion, but has become a tradition in many cultures. It is considered a violation of women's and girl's rights by much of the international community, and is outlawed in some countries.

Universalism has been described by some as cultural, economic or political imperialism. In particular, the concept of human rights is often claimed to be fundamentally rooted in a politically liberal outlook which, although generally accepted in Europe, Japan or North America, is not necessarily taken as standard elsewhere.

For example, in 1981, the Iranian representative to the United Nations, Said Rajaie-Khorassani, articulated the position of his country regarding the Universal Declaration of Human Rights by saying that the UDHR was "a secular understanding of the Judeo-Christian tradition", which could not be implemented by Muslims without trespassing the Islamic law.^[82] The former Prime Ministers of Singapore, Lee Kuan Yew, and of Malaysia, Mahathir bin Mohamad both claimed in the 1990s that Asian values were significantly different from western values and included a sense of loyalty and foregoing personal freedoms for the sake of social stability and prosperity, and therefore authoritarian government is more appropriate in Asia than democracy. This view is countered by Mahathir's former deputy:

“	To say that freedom is Western or unAsian is to offend our traditions as well as our forefathers, who gave their lives in the struggle against tyranny and injustices.	”
—A Ibrabim in his keynote speech to the Asian Press Forum title Media and Society in Asia, 2 December 1994

and also by Singapore's opposition leader Chee Soon Juan who states that it is racist to assert that Asians do not want human rights.^[83][84]

An appeal is often made to the fact that influential human rights thinkers, such as John Locke and John Stuart Mill, have all been Western and indeed that some were involved in the running of Empires themselves.^[85][86]

Cultural relativism is a self-detonating position; if cultural relativism is true, then universalism must also be true. Relativistic arguments also tend to neglect the fact that modern human rights are new to all cultures, dating back no further than the UDHR in 1948. They also don't account for the fact that the UDHR was drafted by people from many different cultures and traditions, including a US Roman Catholic, a Chinese Confucian philosopher, a French zionist and a representative from the Arab League, amongst others, and drew upon advice from thinkers such as Mahatma Gandhi.^[15]

Michael Ignatieff has argued that cultural relativism is almost exclusively an argument used by those who wield power in cultures which commit human rights abuses, and that those whose human rights are compromised are the powerless.^[87] This reflects the fact that the difficulty in judging universalism versus relativism lies in who is claiming to represent a particular culture.

Although the argument between universalism and relativism is far from complete, it is an academic discussion in that all international human rights instruments adhere to the principle that human rights are universally applicable. The 2005 World Summit reaffirmed the international community's adherence to this principle:

“	The universal nature of human rights and freedoms is beyond question.	”
—2005 World Summit, paragraph 120

State and non-state actors

Companies, NGOs, political parties, informal groups, and individuals are known as non-State actors. Non-State actors can also commit human rights abuses, but are not generally subject to human rights law other than under International Humanitarian Law, which applies to individuals.^{[citation needed]} Also, certain national instruments such as the Human Rights Act 1998 (UK), impose human rights obligations on certain entities which are not traditionally considered as part of government ("public authorities").^{[citation needed]}

Multinational companies play an increasingly large role in the world, and are responsible for a large number of human rights abuses.^[88] Although the legal and moral environment surrounding the actions of governments is reasonably well developed, that surrounding multinational companies is both controversial and ill-defined.^{[citation needed]} Multinational companies' primary responsibility is to their shareholders, not to those affected by their actions. Such companies may be larger than the economies of some the states within which they operate, and can wield significant economic and political power. No international treaties exist to specifically cover the behavior of companies with regard to human rights, and national legislation is very variable. Jean Ziegler, Special Rapporteur of the UN Commission on Human Rights on the right to food stated in a report in 2003:

“	the growing power of transnational corporations and their extension of power through privatization, deregulation and the rolling back of the State also mean that it is now time to develop binding legal norms that hold corporations to human rights standards and circumscribe potential abuses of their position of power.	”
—Jean Ziegler[89]

In August 2003 the Human Rights Commission's Sub-Commission on the Promotion and Protection of Human Rights produced draft Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights.^[90] These were considered by the Human Rights Commission in 2004, but have no binding status on corporations and are not monitored.^[91]

Theory of value and property

Henry of Ghent articulated the theory that every person has a property interest in their own body.^[92]John Locke uses the word property in both broad and narrow senses. In a broad sense, it covers a wide range of human interests and aspirations; more narrowly, it refers to material goods. He argues that property is a natural right and it is derived from labour.^[93] In addition, property precedes government and government cannot "dispose of the estates of the subjects arbitrarily." To deny valid property rights according to Locke is to deny human rights. The British philosopher had significant impacts upon the development of the Government of the UK and was central to the fundamental founding philosophy of the United States. Karl Marx later critiqued Locke's theory of property in his Theories of Surplus Value, seeing the beginnings of a theory of surplus value in Locke's works. In Locke's Second Treatise he argued that the right to own private property was unlimited as long as nobody took more than they could use without allowing any of their property to go to waste and that there were enough common resources of comparable quality available for others to create their own property. Locke did believe that some would be more "industrious and rational" than others and would amass more property, but believed this would not cause shortages. Though this system could work before the introduction of money, Marx argued in Theories of Surplus Value that Locke's system would break down and claimed money was a contradiction of the law of nature on which private property was founded.^[94]

Legal issues

Human rights vs. national security

With the exception of non-derogable human rights (international conventions class the right to life, the right to be free from slavery, the right to be free from torture and the right to be free from retroactive application of penal laws as non-derogable^[95]), the UN recognises that human rights can be limited or even pushed aside during times of national emergency - although

“	the emergency must be actual, affect the whole population and the threat must be to the very existence of the nation. The declaration of emergency must also be a last resort and a temporary measure	”
—United Nations. The Resource[95]

Rights that cannot be derogated for reasons of national security in any circumstances are known as peremptory norms or jus cogens. Such United Nations Charter obligations are binding on all states and cannot be modified by treaty.

Examples of national security being used to justify human rights violations include the Japanese American internment during World War II,^[96] Stalin's Great Purge,^[97] and the actual and alleged modern-day abuses of terror suspects rights by some western countries, often in the name of the War on Terror.^[98][99]

Human rights violations

Human rights violations occur when any state or non-state actor breaches any part of the UDHR treaty or other international human rights or humanitarian law. In regard to human rights violations of United Nations laws. Article 39 of the United Nations Charter designates the UN Security Council (or an appointed authority) as the only tribunal that may determine UN human rights violations.

Human rights abuses are monitored by United Nations committees, national institutions and governments and by many independent non-governmental organizations, such as Amnesty International, International Federation of Human Rights, Human Rights Watch, World Organisation Against Torture, Freedom House, International Freedom of Expression Exchange and Anti-Slavery International. These organisations collect evidence and documentation of alleged human rights abuses and apply pressure to enforce human rights laws.

Only a very few countries do not commit significant human rights violations, according to Amnesty International. In their 2004 human rights report (covering 2003), the Netherlands, Norway, Denmark, Iceland and Costa Rica are the only (mappable) countries that did not (in their opinion) violate at least some human rights significantly.^[100]

There are a wide variety of databases available which attempt to measure, in a rigorous fashion, exactly what violations governments commit against those within their territorial jurisdiction.^{[citation needed]} An example of this is the list created and maintained by Prof. Christian Davenport at the Kroc Institute - University of Notre Dame.^[101]

Wars of aggression, war crimes and crimes against humanity, including genocide, are breaches of International humanitarian law and represent the most serious of human rights violations.

When a government closes a geographical region to journalists, it raises suspicions of human rights violations. Seven regions are currently closed to foreign journalists:

• Chechnya, Russia [7]
• Myanmar (Burma)
• North Korea
• Papua, Indonesia [8]
• Peshawar, Pakistan [9]
• Tibet, People's Republic of China [10]
• Jaffna Peninsula, Srilanka [11]

Currently debated rights

Events and new possibilities can affect existing rights or require new ones. Advances of technology, medicine, and philosophy constantly challenge the status quo of human rights thinking.

Environmental rights

There are two basic conceptions of environmental human rights in the current human rights system. The first is that the right to a healthy or adequate environment is itself a human right (as seen in both Article 21 of the African Charter on Human and Peoples' Rights, and Article 11 of the San Salvador Protocol to the American Charter of Human Rights).^[102][103] The second conception is the idea that environmental human rights can be derived from other human rights, usually - the right to life, the right to health, the right to private family life and the right to property (among many others). This second theory enjoys much more widespread use in human rights courts around the world, as those rights are contained in many human rights documents.

The onset of various environmental issues, especially climate change, has created potential conflicts between different human rights. Human rights ultimately require a working ecosystem and healthy environment, but the granting of certain rights to individuals may damage these. Such as the conflict between right to decide number of offspring and the common need for a healthy environment, as noted in the tragedy of the commons.^[104] In the area of environmental rights, the responsibilities of multinational corporations, so far relatively unaddressed by human rights legislation, is of paramount consideration.^{[citation needed]}

Environmental Rights revolve largely around the idea of a right to a livable environment both for the present and the future generations.

Future generations

In 1997 UNESCO adopted the Declaration on the Responsibilities of the Present Generation Towards the Future Generation. The Declaration opens with the words:

“	Mindful of the will of the peoples, set out solemnly in the Charter of the United Nations, to 'save succeeding generations from the scourge of war' and to safeguard the values and principles enshrined in the Universal Declaration of Human Rights, and all other relevant instruments of international law.	”
—Declaration on the Responsibilities of the Present Generation Towards the Future Generation

Article 1 of the declaration states "the present generations have the responsibility of ensuring that the needs and interests of present and future generations are fully safeguarded." The preamble to the declaration states that "at this point in history, the very existence of humankind and its environment are threatened" and the declaration covers a variety of issues including protection of the environment, the human genome, biodiversity, cultural heritage, peace, development, and education. The preamble recalls that the responsibilities of the present generations towards future generations has been referred to in various international instruments, including the Convention for the Protection of the World Cultural and Natural Heritage (UNESCO 1972), the United Nations Framework Convention on Climate Change and the Convention on Biological Diversity (Rio de Janeiro, 1992), the Rio Declaration on Environment and Development (UN Conference on Environment and Development, 1992), the Vienna Declaration and Programme of Action (World Conference on Human Rights, 1993) and a number of UN General Assembly resolutions relating to the protection of the global climate for present and future generations adopted since 1990.^[105]

Lesbian, Gay, Bisexual, Transgender (LGBT) rights

LGBT rights are rights that relate to sexual orientation, gender identity, or gender expression.

In 77 countries, homosexuality remains a criminal offense, punishable by execution in seven countries.^[106] The decriminalization of private, consensual, adult sexual relations, especially in countries where corporal or capitol punishment is involved, remains one of the primary concerns of LGBT human rights advocates.^[107] Other issues include but are not limited to: government recognition of same-sex relationships, LGBT adoption, sexual orientation and military service, immigration equality, anti-discrimination laws, hate crime laws regarding violence against LGBT people, sodomy laws, anti-lesbianism laws, and equal age of consent for same-sex activity.^{[108][109][110]}.^{[111][112][113]}

A global charter for LGBT rights has been proposed in the form of the 'Yogyakarta Principles', a set of 29 principles whose authors' say apply International Human Rights Law statutes and precedent to situations relevant to LGBT people's experience.^[114] The principles were presented at a United Nations event in New York on November 7, 2007, co-sponsored by Argentina, Brazil and Uruguay.

The principles have been acknowledged with influencing the French proposed UN declaration on sexual orientation and gender identity, which focuses on ending violence, criminalization and capitol punishment and does not include dialogue about same-sex marriage or right to start a family.^[115][116] The proposal was supported by 67 of the United Nations' 192 member countries, including all EU nations and the United States. An alternative statement opposing the proposal was initiated by Syria and signed by 57 member nations, including all 27 nations of the Arab League as well as Iran and North Korea.^[117][118]

Trade

Although both the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights emphasize the importance of a right to work, neither of these documents explicitly mention trade as a mechanism for ensuring this fundamental right. And yet trade plays a key role in providing jobs.^[119]

Some experts argue that trade is inherent to human nature and that when governments inhibit international trade they directly inhibit the right to work and the other indirect benefits, like the right to education, that increased work and investment help accrue.^[120] Others have argued that the ability to trade does not affect everyone equally—often groups like the rural poor, indigenous groups and women are less likely to access the benefits of increased trade.^[121]

On the other hand, others think that it is no longer primarily individuals but companies that trade, and therefore it cannot be guaranteed as a human right.^{[citation needed]} Additionally, trying to fit too many concepts under the umbrella of what qualifies as a human right has the potential to dilute their importance. Finally, it is difficult to define a right to trade as either "fair"^[122] or "just" in that all trade regimes create winners and losers, and changing the rules only creates different losers, not necessarily fewer.^[123]

See also: The Recognition of Labour Standards within the World Trade Organisation and Investor state dispute settlement

Water

There is no current universal human right to water, binding or not, enshrined by the United Nations or any other multilateral body. In November 2002, the United Nations Committee on Economic, Social and Cultural Rights issued a non-binding comment affirming that access to water was a human right:

“	the human right to water is indispensable for leading a life in human dignity. It is a prerequisite for the realization of other human rights.	”
—United Nations Committee on Economic, Social and Cultural Rights

This principle was reaffirmed at the 3rd and 4th World Water Councils in 2003 and 2006. This marks a departure from the conclusions of the 2nd World Water Forum in The Hague in 2000, which stated that water was a commodity to be bought and sold, not a right.^[124] There are calls from many NGOs and politicians to enshrine access to water as a binding human right, and not as a commodity.^[125]

Crime and Punishment

The Universal Declaration of Human Rights states that everyone has the "right to life".^[126] According to many Human Rights activists, the death penalty violates these rights.^[127] The United Nations also called on retentionist states to establish a moratorium on Capital Punishment with a view to abolition.^[128] States which do not face considerable moral and political pressure. The Universal Declaration of Human Rights also prohibits torture and other cruel, inhuman, and degrading punishment. Countries have argued that "enhanced interrogation methods", which amount to torture, are needed for national security. Human rights activists have also criticized some methods used to punish criminal offenders. For example, Corporal Punishment is also an issue. One example is Caning, used in Malaysia, Brunei, and Singapore is considered to be cruel, inhuman, and degrading punishment.^[129] In Mexico, Life Imprisonment without parole is also considered to be cruel and unusual punishment. Other issues, such as Police Brutality and impunity for Human Rights violators^[130] are also serious issues.

Fetal rights

Reproductive rights

Reproductive rights are rights relating to reproduction and reproductive health.^[131] The World Health Organisation defines reproductive rights as follows:

“	Reproductive rights rest on the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health. They also include the right of all to make decisions concerning reproduction free of discrimination, coercion and violence.	”
—World Health Organisation[48]

Reproductive rights were first established as a subset of human rights at the United Nation's 1968 International Conference on Human Rights.^[132] The sixteenth article of the resulting Proclamation of Teheran states, "Parents have a basic human right to determine freely and responsibly the number and the spacing of their children."^[132][133]

Reproductive rights may include some or all of the following rights: the right to legal or safe abortion, the right to control one's reproductive functions, the right to quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence.^[134] Reproductive rights may also be understood to include education about contraception and sexually transmitted infections, and freedom from coerced sterilization and contraception, protection from gender-based practices such as female genital cutting (FGC) and male genital mutilation (MGM).^{[131][132][134][135]}

Medicine

In Canada several legal medical marijuana patients have filed human rights complaints over their discrimination and treatment.^[136][137]

See also

• Amnesty International
• Customary international law
• Discrimination
• Economic freedom
• Freedom (political)
• Global governance
• Global Human Rights Defence
• Human responsibilities
• Human Rights Watch
• Human security
• Political repression
• Warsaw Confederation

[edit] References

• Rule of Law in Armed Conflicts Project (RULAC)

[edit] Bibliography

2010

• Elliesie, Hatem (2010): Beiträge zum Islamischen Recht VII: Islam und Menschenrechte / Islam and Human Rights / al-islam wa-huquq al-insan, Frankfurt a.M., Berlin, Bern, Bruxelles, New York, Oxford, Wien, ISBN 978-3-631-57848-3

2009

• Forsythe, Frederick P., Encyclopedia of Human Rights (New York: Oxford University Press, 2009)
• Jones, Lindsay. Encyclopedia of religion, second edition. ISBN 0-02-865742-X
• Bösl, Anton & Diescho, Joseph (Eds), Human Rights in Africa. Legal Perspectives on their protection and promotion; Macmillan Education Namibia 2009. ISBN 978-99916-0-956-0
• Horn, Nico & Bösl, Anton (Eds.) Human Rights and the Rule of Law in Namibia, Macmillan Namibia 2009. ISBN 978-99916-0-915-7

2008

• Sciacca, Fabrizio (ed.) (2008). Struttura e senso dei diritti. L'Europa tra identità e giustizia politica. Milano: Bruno Mondadori. ISBN 978861591820

2007

• Blattberg, Charles (2007). The Ironic Tragedy of Human Rights in Patriotic Elaborations: Essays in Practical Philosophy. Montreal and Kingston: McGill-Queen's University Press, 2007 ISBN 9780773535381
• Ball, Olivia; Gready, Paul (2007). The No-Nonsense Guide to Human Rights. New Internationalist. ISBN 1-904456-45-6
• Davenport, Christian (2007a). State Repression and the Domestic Democratic Peace. New York: Cambridge University Press. ISBN 0521864909
• Davenport, Christian (2007b). State Repression and Political Order. Annual Review of Political Science.
• Joseph, Suad; Najmabadi, Afsaneh (eds) (2007). Encyclopedia of Women & Islamic Cultures. Brill Publishing. ISBN 9004128182

2006

• Houghton Mifflin Company (2006). The American Heritage Dictionary of the English Language. Houghton Mifflin. ISBN 0618701737
• Tunick, Mark (2006). "Tolerant Imperialism: John Stuart Mill's Defense of British Rule in India". The Review of Politics 27-10-2006 68: 586-611 Cambridge University Press
• Landman, Todd (2006). Studying Human Rights. Oxford and London: Routledge ISBN 0-415-32605-2

2005

• Alston, Philip (2005). "Ships Passing in the Night: The Current State of the Human Rights and Development Debate seen through the Lens of the Millennium Development Goals". Human Rights Quarterly. Vol. 27 (No. 3) p. 807
• Ellerman, David (2005). Helping People Help Themselves: From the World Bank to an Alternative Philosophy of Development Assistance. Ann Arbor: University of Michigan Press. ISBN 0472031422
• Esposito, John L. (2005). Islam: The Staight Path. Oxford University Press. ISBN 0195182669
• Forsythe, David P. (2005). The Humanitarians: The International Committee of the Red Cross Cambidge University Press. ISBN 0521848288
• Tahir-ul-Qadri, Muhammad (2005), Huquq al Insania fil Islam (Human Rights in Islam). Minhaj Publishers. 365-M-Model
• Salevao, Lutisone (2005). Rule of Law, Legitimate Governance and Development in the Pacific. ANU E Press. ISBN 1920942556
• McAuliffe, Jane Dammen (ed) (2005). Encyclopaedia of the Qur'an: vol 1-5 Brill Publishing. ISBN 9004147438. ISBN 978-9004147430
• Jahn, Beate (2005). "Barbarian thoughts: imperialism in the philosophy of John Stuart Mill". Review of International Studies 13-06-2005 31: 599-618 Cambridge University Press

2004

• Amnesty International (2004). Amnesty International Report. Amnesty International Publications. ISBN 0862103541 ISBN 1-887204-40-7
• Clayton, Philip; Schloss, Jeffrey (2004). Evolution and Ethics: Human Morality in Biological and Religious Perspective Wm. B. Eerdmans Publishing. ISBN 0802826954
• Chauhan, O.P. (2004). Human Rights: Promotion and Protection. Anmol Publications PVT. LTD. ISBN 812612119X
• Esposito, John L. (2004). The Oxford Dictionary of Islam. Oxford University Press. ISBN 0195125592

2003

• Barzilai, Gad. (2003). Communities and Law: Politics and Cultures of Legal Identities. Ann Arbor: University of Michigan Press. ISBN 0472113151
• Donnelly, Jack. (2003). Universal Human Rights in Theory & Practice. 2nd ed. Ithaca & London: Cornell University Press. ISBN 0801487765
• McLagan, Meg (2003) "Principles, Publicity, and Politics: Notes on Human Rights Media". American Anthropologist. Vol. 105 (No. 3). pp. 605–612
• Hershock, Peter D; Ames, R.T.; Stepaniants, M. (eds). Technology and Cultural Values on the Edge of the Third Millennium. (Selected papers from the 8 th East-West Philosophers Conference). Honolulu: U of Hawai’i Press, 2003. 209-221.
• Möller, Hans-Georg (2003). How to Distinguish Friends from Enemies: Human Rights Rhetoric and Western Mass Media.
• Nathwani, Niraj (2003). Rethinking Refugee Law. Martinus Nijhoff Publishers. ISBN 9041120025
• Paul, Ellen Frankel; Miller, Fred Dycus; Paul, Jeffrey (eds) (2001). Natural Law and Modern Moral Philosophy Cambridge University Press. ISBN 0521794609

2002

• Light, Donald W. (2002). "A Conservative Call For Universal Access To Health Care" Penn Bioethics Vol.9 (No.4) p. 4-6
• Hitchens, Christopher (2002). The Trial of Henry Kissinger. Verso. ISBN 1859843980

2001

• Ignatieff, Michael (2001). Human Rights as Politics and Idolatry. Princeton & Oxford: Princeton University Press. ISBN 0691088934
• Marshall, Thurgood (2001). Thurgood Marshall: His Speeches, Writings, Arguments, Opinions and Reminiscences. Chicago: Lawrence Hill Books. (A rare and revealing popular memoir by a distinguished contemporary Supreme Court justice).
• Dees, Morris (2001). A Lawyer’s Journey. Chicago: American Bar Association. (Popular biography by innovative lawyer who pioneered use of civil suits to put white supremacist organizations out of business)
• Glendon, Mary Ann (2001). A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights. Random House of Canada Ltd. ISBN 0375506926

2000

• Ankerl, Guy (2000). Coexisting Contemporary Civilizations: Arabo-Muslim, Bharati, Chinese, and Western. Geneva: INUPRESS; ISBN 2-88155-004-5
• Mayer, Henry (2000). All on Fire: William Lloyd Garrison and the Abolition of Slavery. St Martin's Press. ISBN 0312253672
• Forsythe, David P. (2000). Human Rights in International Relations. Cambridge: Cambridge University Press. International Progress Organization. ISBN 3-900704-08-2

1999

• Maan, Bashir; McIntosh, Alastair (1999). "Interview with William Montgomery Watt" The Coracle Vol. 3 (No. 51) pp. 8–11.
• Littman, David (1999). "Universal Human Rights and 'Human Rights in Islam'". Midstream Magazine Vol. 2 (no.2) pp. 2–7

1998

• Alexander, Fran (ed) (1998). Encyclopedia of World History. Oxford University Press. ISBN 0198602235
• Arnhart, Larry (1998). Darwinian Natural Right: The Biological Ethics of Human Nature SUNY Press. ISBN 0791436934
• Cook, Rebecca J.; Fathalla, Mahmoud F. (September 1996). "Advancing Reproductive Rights Beyond Cairo and Beijing". International Family Planning Perspectives Vol.22 (No.3): p. 115-121
• Lewis, Bernard (21 January 1998). "Islamic Revolution". The New York Review of Books Vol.34 (Nos. 21 & 22)
• Haddad, Yvonne Yazbeck; Esposito, John L. (1998) Islam, Gender, and Social Change. Oxford University Press US. ISBN 0195113578

1997

• Tierney, Brian (1997). The Idea of Natural Rights: Studies on Natural Rights, Natural Law, and Church Law. Wm. B. Eerdmans Publishing. ISBN 0802848540
• Sen, Amartya (1997). Human Rights and Asian Values. ISBN 0-87641-151-0.

1996

• Robertson, Arthur Henry; Merrills, John Graham (1996). Human Rights in the World: An Introduction to the Study of the International Protection of Human Rights. Manchester University Press. ISBN 0719049237.
• Steiner, J. & Alston, Philip. (1996). International Human Rights in Context: Law, Politics, Morals. Oxford: Clarendon Press. ISBN 019825427X

1994

• Jackson, Kevin (1994). Charting Global Responsibilities: Legal Philosophy and Human Rights. University Press of America. ISBN 0819194786

1993

• Freedman, Lynn P.; Isaacs, Stephen L. (Jan-Feb 1993). "Human Rights and Reproductive Choice". Studies in Family Planning Vol.24 (No.1): p. 18-30
• Shute, Stephen & Hurley, Susan (eds.). (1993). On Human Rights: The Oxford Amnesty Lectures. New York: BasicBooks. ISBN 046505224X

1992

• Lewis, Bernard (1992). Race and Slavery in the Middle East: An Historical Enquiry. Oxford University Press. ISBN 0195053265
• Sunga, Lyal S. (1992) Individual Responsibility in International Law for Serious Human Rights Violations, Martinus Nijhoff Publishers. ISBN 0792314530
• Schimmel, Annemarie (1992). Islam: An Introduction. SUNY Press. ISBN 0791413276

1990

• Köchler, Hans. (1990). "Democracy and Human Rights". Studies in International Relations, XV. Vienna: International Progress Organization.

1989

• Scott, C. (1989). "The Interdependence and Permeability of Human Rights Norms: Towards a Partial Fusion of the International Covenants on Human Rights". Osgood Law Journal Vol. 27

1982

• Kennedy, Duncan (1982). Legal Education and the Reproduction of Hierarchy. Journal of Legal Education Vol.32 (No. 591)

1981

• Köchler, Hans (1981). The Principles of International Law and Human Rights

1980

• Finnis, John (1980). Natural Law and Natural Rights Oxford: Clarendon Press. ISBN 0198761104

1979

• Jaffa, Harry V. (1979). Thomism and Aristotelianism; A Study of the Commentary by Thomas Aquinas on the Nicomachean Ethics Greenwood Press. ISBN 0313211493 (reprint of 1952 edition published by University of Chicago Press)

1978

• Khadduri, Majid (1978). "Marriage in Islamic Law: The Modernist Viewpoints". American Journal of Comparative Law Vol. 26 (No. 2): pp. 213–218.
• Vaughn, Karen I. (1978) "John Locke and the Labor Theory of Value" Journal of Libertarian Studies. Vol. 2 (No. 4) pp. 311–326

1972

• Sills, David L. (1968, 1972) International Encyclopedia of the Social Sciences. MacMillan.

1959

• Shellens, Max Salomon. 1959. "Aristotle on Natural Law." Natural Law Forum 4, no. 1. Pp. 72–100.

1943

• Stone, Irving (1943). Clarence Darrow for the Defense. Garden City, NY: Garden City Publishing Co. (Popular diography of innovative lawyer who largely invented the insanity defense).

• International Federation of Human Rights - 155 Human Rights Organisations throughout the world
• Human Rights First - International human rights organization
• United Nations- Universal Declaration of Human Rights
• United Nations- Human Rights
• Office of the High Commissioner for Human Rights
• The Universal Human Rights Index of United Nations documents
• Guide to the Statement of Essential Human Rights at the American Law Institute Archives
• Rule of Law in Armed Conflicts Project
• Universal Human Rights chronological lists of the core international human rights treaties
• Human Rights Tools The most important international Human Rights treaties, conventions and resolutions including complete texts of these documents
• Human rights at the Open Directory Project
• OneWorld Human Rights Guide