4 Recognition How are human rights recognized? Where do they come from? Who (if anyone) grants human rights?
5 Recognition: Three Generations In 1979, Prof. Karel Vašák, First Secretary-General of the International Institute of Human Rights in Strasbourg, proposed dividing human rights into “three generations.”
6 Recognition: First Generation First-generation human rights are civil and political rights.They are sometimes called “negative” rights.They prevent a state from interfering with rights of individuals.
7 Examples Freedom of speech Freedom of the press Freedom of assembly Freedom of religionRight to a fair trialRight to vote
8 Where Found? Various national and international documents: Magna Carta (1215) (England)Claim of Right Act (1689) (Scotland)Bill of Rights (1689) (England)Bill of Rights (1789) (U.S. Constitution)Universal Declaration of Human Rights articles 3 to 21 (1948) (“UDHR”)International Covenant on Civil and Political Rights (1966)(“ICCPR”)
9 Recognition: Second Generation Second-generation rights are fundamentally economic, social, and cultural rights.They are sometimes called “positive” rights because they may require the government to spend money.They promote equal conditions, opportunities, and treatment (to the extent of available resources).
10 Recognition: Second Generation These were also sometimes called “red” rights.Because they depend on limited government resources, these rights may be recognized on a progressive basis.
11 Examples Right to education Right to housing Right to health care Right to workRight to free timeRight to organize and bargain collectivelyRight to unemployment benefits or social security
12 Where Found? Various national and international documents: Universal Declaration of Human Rights articles 22 to 27 (1948) (“UDHR”)International Covenant on Economic, Social, and Cultural Rights (1966) (“ICESCR”)
13 Recognition: Third Generation Third-generation human rights go beyond the mere civil and social.They are aspirational.They are sometimes called “green rights.”
14 Examples Right to economic and social development Right to a healthy environmentRight to natural resourcesRight to communicateRight to participate in cultural heritageRights to intergenerational equity and sustainability
15 Where Found?Third-generation human rights can be found in many progressive international law documents:Stockholm Declaration of the U.N. Conference on the Human Environment (1972)Rio Declaration on Environment and Development (1992)Other “soft law” documents
16 Definition and Codification 2.Definition and Codification
17 Who is Bound by a Definition? The power to define is the power to control.Which definitions are binding?Which definitions are persuasive?
18 Definition and Codification The protection of human rights requires precise terms:(1) to know what rights are protected; and(2) to know what defenses are allowed to claimed violations.
19 Who Has the Right to Define? A national court?A national legislature (by statutes or a constitution)?A group of nations (by treaty)?An international tribunal?Civil society (world opinion)?Religious institutions?Four law professors sitting together on a panel?A room full of European law students?