Introduction to Law: Human Rights class 9

Comprehensive vocabulary terms and definitions covering the function, historical development, systems, and examples of human rights from the Introduction to Law lecture.

Human rights

Rights that every person has by virtue of merely existing that aim to secure benefits or freedoms of fundamental importance to any human being; they protect against arbitrary use of power and protect dignity.

Rule by law

A state depending on law for its functioning.

Rule of law (Rechtsstaat)

A state depending on law for its functioning whereby the law is guided by certain values such as human rights and democracy.

Civil and Political Rights

First generation rights that safeguard individual freedoms (civil liberties), ensure fair treatment by law, protect against abuses of power, and include political participation.

Economic, Social, and Cultural Rights

Second generation rights originating from the ICESCR that aim for adequate living standards, including fair work conditions and social security.

Principle of Progressive Realization

A principle acknowledging the varying economic capabilities of states and encouraging effective steps toward the fulfillment of second generation rights within resource limits.

Collective Rights

Third generation rights exercised by a community or a group rather than an individual, such as the rights to peace, self-determination, and development.

Vertical situation

A situation where human rights treaties create obligations for states towards individuals.

Horizontal situation

A situation involving a private party versus another private party; human rights treaties principally do not create obligations here unless the state has a positive obligation to protect individuals.

Negative obligations

The requirement that a state must not interfere with a right, such as the absence of state censorship on newspapers.

Positive obligations

The requirement that a state must take action to ensure a right, such as setting up health care or protecting protestors from harassment.

Natural law

Moral legal principles based on reasoning and 'common sense' that suggest nature has an inbuilt set of principles which law should express.

Human dignity

An inviolable principle that all humans are equally worthy of respect and should never be used as a means to an end.

Categorical Imperative

A Kantian principle to act only on maxims fair as universal laws, informing principles of justice and equality.

Publicity Principle

The Kantian principle that laws must withstand public scrutiny to encourage transparency and accountability.

Greatest Happiness Principle

John Stuart Mill's utilitarian proposal that actions are right if they promote happiness and wrong if they produce the opposite.

Harm Principle

The assertion by John Stuart Mill that freedoms can only be rightly infringed to prevent harm to others.

Original Position & Veil of Ignorance

A philosophy by John Rawls that promotes unbiased principles for human rights protection.

Difference Principle

John Rawls's principle advocating for the benefit of the least advantaged in society.

Negative Liberty

Isaiah Berlin's concept of freedom from interference, serving as a cornerstone for civil and political rights.

Positive Liberty

Isaiah Berlin's concept of freedom to control one’s life, inspiring economic, social, and cultural rights.

International Bill of Human Rights

A collection consisting of the Charter of the UN (1945), Universal Declaration of Human Rights (1948), ICCPR (1976), and ICESCR (1976).

Banjul Charter

The African Charter on Human and Peoples' Rights (1981) which balances individual rights with community duties.

ASEAN Way

A specific regional focus integrating regional values with human rights based on consensus and non-interference.

Article 2 ECHR

The provision stating everyone's right to life shall be protected by law and no one shall be deprived of life intentionally save for the execution of a court sentence.

Procedural obligation (Right to life)

The state's duty to effectively investigate all allegations of breaches regarding the right to life.

Kotilainen and others v Finland (2020)

A case where the ECtHR found that authorities failed their special duty of diligence by not confiscating a weapon after a police interview with a perpetrator of a school shooting.