IHRL Day 1: Rights v Duties + universalism + historical development

What is Hohfeld's correlativity thesis?

For every right held by A, B bears a corresponding duty. Rights and duties are inseparable — two sides of the same coin. (Wesley Hohfeld, American legal scholar, 1913)

UDHR Art 29(1) — what does it say and what is the key word?

"Everyone has duties to the community in which alone the free and full development of his personality is possible." Key word: COMMUNITY (not state).

UDHR Art 29(2) — when can rights be limited?

Rights can be limited by law only to: (1) secure rights of others, (2) meet requirements of morality, public order, and general welfare — but only IN A DEMOCRATIC SOCIETY.

What makes the African/Banjul Charter 1981 unique among binding HR treaties?

It is the ONLY binding international human rights treaty that imposes duties directly on INDIVIDUALS (not just states). Arts 27-29 impose duties toward family, community, state (including national defence), and the international community.

Bangkok Declaration 1993 — who spearheaded it and what were the two core arguments?

Spearheaded by China, Singapore (Lee Kuan Yew), and Malaysia (Mahathir). Arguments: (1) Economic and social development must precede civil and political rights. (2) No rights are truly universal — meaning is culturally contingent. Western states are imposing their own cultural framework.

Complete verbatim — Vienna Declaration 1993 on universality of rights.

"All human rights are UNIVERSAL, INDIVISIBLE, INTERDEPENDENT and INTERRELATED." Mnemonic: UIII. Direct response to Bangkok Declaration 1993.

Strong relativism vs weak relativism — one sentence each.

Strong relativism: no universal rights exist — culture determines what rights are valid (rejected by mainstream international law). Weak relativism: universal rights exist but their implementation may legitimately vary by cultural context (dominant position today).

Karel Vasak — who is he, when, and what did he do?

French jurist. 1979. Coined the three generations of rights using the French Revolution motto: Liberté (1st generation), Égalité (2nd generation), Fraternité (3rd generation).

What are 1st generation rights? Which treaty? What type of obligation?

Civil and political rights — right to life, free speech, fair trial, vote. Found in ICCPR. IMMEDIATE obligations on states. NEGATIVE rights — state must NOT interfere.

What are 2nd generation rights? Which treaty? What type of obligation?

Economic, social and cultural rights — right to education, health, work, housing. Found in ICESCR. PROGRESSIVE REALISATION — states work toward these using maximum available resources. POSITIVE rights — state must DO things for you.

What are 3rd generation rights? Where are they found?

Collective/solidarity rights — right to development, right to peace, right to a clean environment, right to self-determination. NO single binding treaty. Found in soft law: 1986 Declaration on the Right to Development, UNDRIP 2007.

What did Vienna Declaration 1993 say about the generations hierarchy?

Rejected it. By affirming rights are "indivisible and interdependent," Vienna said all three generations matter simultaneously. You cannot say civil/political rights must wait for economic development first.

When was the UDHR adopted?

1948. Universal Declaration of Human Rights. Non-binding declaration. Adopted by UN General Assembly in Paris.

When were the ICCPR and ICESCR adopted? When did they enter into force?

Adopted 1966. Entered into force 1976. Both took 10 years to get enough ratifications.

When was the African Charter on Human and Peoples' Rights (Banjul Charter) adopted?

1981. The only binding HR treaty imposing duties directly on individuals.

When were the Bangkok Declaration and Vienna Declaration issued?

Both 1993 — same year. Bangkok came first (Asian states pre-meeting). Vienna Declaration was the world conference response.

When did Karel Vasak coin the three generations of rights?

1979. French jurist. Strasbourg lecture.

When was the Declaration on the Right to Development adopted?

1986. Third generation right. Non-binding declaration.