Rights and Justice

Contested meanings

The concept that rights, justice, liberty, and equality do not have a single definition, but are shaped by various factors such as society, culture, and historical context.

Human rights

Rules governing how individuals and groups should be treated by states and other actors, based on societal standards for a decent life.

Universality of human rights

The principle that human rights should be granted to everyone without exception, simply by being human.

Indivisibility of human rights

The notion that all human rights are equally important and interconnected, and the realization of one right often depends on others.

Inalienability of human rights

The characteristic that human rights are inherent to every individual and cannot be bought, sold, or transferred.

Positive rights

Rights that require action and intervention by others, typically the state, for their fulfillment, such as access to healthcare.

Negative rights

Rights that require others to abstain from interfering with individuals' actions, such as the right to free speech.

Individual rights (political liberalism)

Focus on personal freedoms and the government's role to protect these rights without interference.

Collective rights (democratic egalitarian)

Rights emphasizing social equality and community decision-making, advocating for full societal participation.

First generation rights

Civil and political rights that emphasize individual liberties, such as the right to life and freedom from arbitrary arrest.

Second generation rights

Economic, social, and cultural rights that emphasize equality and include rights to work and education.

Third generation rights

Collective developmental rights addressing issues like self-determination and environmental protection.

International Human Rights Law

A framework governing human rights obligations, including the International Covenant on Civil and Political Rights.

Universalism

The belief that all humans share common humanity and are entitled to the same inalienable rights regardless of differences.

Relativism

The viewpoint that values are culturally created, arguing that there are no universal human values.

Justice

Associated with fairness and the process of giving everyone what they deserve.

Retributive justice

A legal concept where the punishment for a crime is proportional to the offense.

Dispensing authority

The role of judicial institutions in interpreting and enforcing laws, crucial for ensuring justice and protecting rights.

Distributive justice

The ethical principle concerned with the fair allocation of resources among society members.

Declaration

A UN General Assembly resolution that is not legally binding on states.

Instrument

A legally binding resolution passed by the UN General Assembly.

Ratification

The formal acceptance of a treaty by a state's governing body, making it legally binding.

Protection of HR on a national level

The enforcement of human rights laws through local and national court systems.

Protection of human rights on an international level

International organizations tasked with enforcing human rights when states cannot or will not do so.

Monitoring human rights

Oversight carried out by governments, international organizations, or NGOs to uphold human rights standards.

Sanctions

Punitive measures imposed by states to influence the behavior of other states.

Politicisation

The use of human rights issues for political or economic gain rather than genuine concern.

Needs-based justice

The concept that different individuals have varying needs and should not receive the same resources.

Equity

Fairness in treatment and distribution of resources according to individual needs.

Merit-based justice

The principle that justice involves giving unequally, based on what each person deserves.

Veil of ignorance

A thought experiment that removes personal biases to consider the interests of all members of society.