human rights general

definition

universal claims to certain freedoms + entitlements which ensure dignity, equality + respect of every human being

types of rights (4)

1st generation/negative

2nd generation/positive

3rd generation

4th generation

1st generation / negative

include right to life, freedom of speech etc

must be constitutional limits on the government

government must be prevented from unjust interference into freedoms

e.g. US Declaration of Independence

2nd generation / positive

includes education, healthcare, equality

govt is obliged to provide public goods + services to fulfil rights

e.g. UN Universal Declaration of Human Rights (1948)

3rd generation / solidarity rights

enable first nations communities to determine future + practice cultural heritage

obliges govt to consult with cultural groups + provide resources to uphold their rights

can be controversial, govt may need to arbitrate between different rights

e.g. UN Convention on Indigenous Rights (2007)

4th generation rights / species rights

designed to protect biosphere as a sustainable habitat for humans

requires governments to cooperate with each other

e.g. UN Framework Convention on Climate Change

characteristics of rights

universal

interdependent

indivisible

inalienable

universal

apply to all human beings regardless of characteristics

interdependent

enjoyment of any right depends on enjoyment of all rights

indivisible

cannot be ranked in order of importance or partially upheld

inalienable

person cannot be divorced from their rights except by just law

lawful restriction of rights serves to protect other people’s rights

protected by rule of law