International Law and Human Rights

Human rights

The basic freedoms and protections that belong to every single one of us. All human beings are born with equal and inalienable rights and fundamental freedoms.

The three basic human rights

• Universal: They belong to all of us – everybody in the world

• Inalienable: They cannot be taken away from us

• Indivisible and interdependent: Governments should not be able to pick and choose which are respected.

The ‘modern era’ of human rights

The period following the second world war, from the 1940s. During this period, the United Nations was established, which led to various human rights-related declarations and associated international laws

some of key developments that are widely considered as the foundations of modern human rights frameworks

• The 1215 Magna Carta document in England, which placed limits on the absolute power of the King;

• The 1776 American Declaration of Independence, which outlined certain rights as fundamental to all people;

• The 1789 French Declaration of the Rights of Man and the Citizen, which recognised the liberty of individuals;

• The 1791 United States Bill of Rights; which recognised dimensions such as freedom of speech.

Universal Declaration of Human Rights (UDHR)

passed by the General Assembly of the United Nations and became the foundation of modern era human rights

Critiques of UDHR

have largely failed in the goal of preventing war and human rights abuses.  largely ‘western’ construct that ignores the diversity of cultures and traditions around the world. Feminist critiques have noted the emphasis on ‘man’ and the support for patriarchal societies. From a religious perspective, the focus on a secular authority rather than God or a higher being has been critiqued. Finally, on a practical level, it has been argued that claims to ‘rights’ can often be frivolous or selfish, and that, in practice, rights can often conflict

First Generation Rights

Also referred to as civil and political rights. Rights of the individual against power and encroachment of the State

Negative rights

Need to be protected or guaranteed by the State, and States may seek to limit or take away these rights

Example of First Generation Rights

Right to life, freedom of speech, voting rights, right to own property, freedom of association, right to fair trial and equality before the law

First Generation Rights Key Profession

Law: primarily through seeking to assure these rights through legal mechanisms. The most likely to be framed as human rights abuse when a State attempts to limit or remove these rights

Second Generation Rights

Referred to as economic, social and cultural rights. Rights of individuals and groups to receive various social provision that will enable them to achieve their full human potential

positive rights

They need to be realised through active social provision by a State; it is the role of the State to provide these

Examples of Second Generation Rights

right to education, right to adequate housing, right to employment and income, right to leisure and recreation

Second Generation Rights Key profession

Social work: Much less likely than other rights to be enforceable through law and legal mechanisms. Likely to be realised through social development and social advocacy

Third Generation Rights

collective rights. these are rights defined at the collective level; they apply to the right of a community, society, population or a nation to live in a cohesive and supportive society

Third Generation Rights

Most controversial and least institutionalised and can be framed as a response to individually focused rights

Examples of Third Generation Rights

Include rights to collectively benefit from economic development, rights to a clean environment

Third Generation Rights Key Profession

Community development and related professionals.

Critiques of the three generations approach

social work roles in terms of Third generation rights

social workers acting in community development roles that include the social, economic, political, cultural, environmental and personal/spiritual development of communities

social work roles in terms of first generation rights

Social workers acting in an advocacy role such as working to protect civil and political rights, exposing human rights abuses, and working towards reform in areas such as prison policy and asylum seeker and refugee policy

Social work roles in terms of second generation rights

social workers acting in core social work roles such as direct practice, policy, research and direct action in areas relevant to the social, economic and cultural context of individuals and communities.