Human rights

For other uses, see Human rights (disambiguation).

Main article: on 4 July 1776

The concept of human rights has in some sense existed for centuries, although peoples have not always thought of universal human rights in the same way humans do today.[14]^[16][17][18]

The true forerunner of human rights discourse was the concept of

Spanish scholasticism insisted on a subjective vision of law during the 16th and 17th centuries: Luis de Molina, Domingo de Soto and Francisco Vitoria, members of the School of Salamanca, defined law as a moral power over one's own.50 Although they maintained at the same time, the idea of law as an objective order, they stated that there are certain natural rights, mentioning both rights related to the body (right to life, to property) and to the spirit (right to freedom of thought, dignity). The jurist Vázquez de Menchaca, starting from an individualist philosophy, was decisive in the dissemination of the term iura naturalia. This natural law thinking was supported by contact with American civilizations and the debate that took place in Castile about the just titles of the conquest and, in particular, the nature of the indigenous people. In the Castilian colonization of America, it is often stated, measures were applied in which the germs of the idea of Human Rights are present, debated in the well-known

Valladolid Debate

that took place in 1550 and 1551. The thought of the School of Salamanca, especially through Francisco Vitoria, also contributed to the promotion of European natural law.

From this foundation, the modern human rights arguments emerged over the latter half of the 20th century.

17th century English

civil rights

and civil freedoms.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

— United States Declaration of Independence, 1776

1800 to World War I

Philosophers such as

Many groups and movements have managed to achieve profound social changes over the course of the 20th century in the name of human rights. In Western Europe and North America,

The foundation of the International Committee of the Red Cross, the 1864 Lieber Code and the first of the Geneva Conventions in 1864 laid the foundations of International humanitarian law, to be further developed following the two World Wars.

Between World War I and World War II

The League of Nations was established in 1919 at the negotiations over the Treaty of Versailles following the end of World War I. The League's goals included disarmament, preventing war through collective security, settling disputes between countries through negotiation, diplomacy and improving global welfare. Enshrined in its Charter was a mandate to promote many of the rights which were later included in the Universal Declaration of Human Rights. The League of Nations had mandates to support many of the former colonies of the Western European colonial powers during their transition from colony to independent state. Established as an agency of the League of Nations, and now part of United Nations, the International Labour Organization also had a mandate to promote and safeguard certain of the rights later included in the Universal Declaration of Human Rights (UDHR):

the primary goal of the ILO today is to promote opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and human dignity.

— Report by the Director General for the International Labour Conference 87th Session

After World War II

Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the United Nations General Assembly in 1948,^[27] partly in response to the events of World War II. The UDHR urges member states to promote a number of human, civil, economic and social rights, asserting these rights are part of the "foundation of freedom, justice and peace in the world". The declaration was the first international legal effort to limit the behavior of states and make sure they did their duties to their citizens following the model of the rights-duty duality.

... recognition of the inherent dignity and of the equal and

inalienable rights

of all members of the human family is the foundation of freedom, justice and peace in the world

— Preamble to the Universal Declaration of Human Rights, 1948

The UDHR was framed by members of the Human Rights Commission, with Eleanor Roosevelt as chair, who began to discuss an International Bill of Rights in 1947. The members of the Commission did not immediately agree on the form of such a bill of rights, and whether, or how, it should be enforced. The Commission proceeded to frame the UDHR and accompanying treaties, but the UDHR quickly became the priority.^[28] Canadian law professor John Humprey and French lawyer René Cassin were responsible for much of the cross-national research and the structure of the document respectively, where the articles of the declaration were interpretative of the general principle of the preamble. The document was structured by Cassin to include the basic principles of dignity, liberty, equality and brotherhood in the first two articles, followed successively by rights pertaining to individuals; rights of individuals in relation to each other and to groups; spiritual, public and political rights; and economic, social and cultural rights. The final three articles place, according to Cassin, rights in the context of limits, duties and the social and political order in which they are to be realized.^[28] Humphrey and Cassin intended the rights in the UDHR to be legally enforceable through some means, as is reflected in the third clause of the preamble:^[28]

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.

— Preamble to the Universal Declaration of Human Rights, 1948

Some of the UDHR was researched and written by a committee of international experts on human rights, including representatives from all continents and all major religions, and drawing on consultation with leaders such as

All major governments at the time of drafting the U.N. charter and the Universal declaration did their best to ensure, by all means known to domestic and international law, that these principles had only international application and carried no legal obligation on those governments to be implemented domestically. All tacitly realized that for their own discriminated-against minorities to acquire leverage on the basis of legally being able to claim enforcement of these wide-reaching rights would create pressures that would be political dynamite.

The onset of the Cold War soon after the UDHR was conceived brought to the fore divisions over the inclusion of both economic and social rights and civil and political rights in the declaration. Capitalist states tended to place strong emphasis on civil and political rights (such as freedom of association and expression), and were reluctant to include economic and social rights (such as the right to work and the right to join a union). Socialist states placed much greater importance on economic and social rights and argued strongly for their inclusion.^[33] Because of the divisions over which rights to include and because some states declined to ratify any treaties including certain specific interpretations of human rights, and despite the Soviet bloc and a number of developing countries arguing strongly for the inclusion of all rights in a Unity Resolution, the rights enshrined in the UDHR were split into two separate covenants, allowing states to adopt some rights and derogate others. Although this allowed the covenants to be created, it denied the proposed principle that all rights are linked, which was central to some interpretations of the UDHR.^[33][34] Although the UDHR is a non-binding resolution, it is now considered to be a central component of international customary law which may be invoked under appropriate circumstances by state judiciaries and other judiciaries.^[35]

Human Rights Treaties

In 1966, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted by the United Nations, between them making the rights contained in the UDHR binding on all states.^[a] They came into force only in 1976, when they were ratified by a sufficient number of countries (despite achieving the ICCPR, a covenant including no economic or social rights, the US only ratified the ICCPR in 1992).^[36] The ICESCR commits 155 state parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals.

Numerous other treaties (pieces of legislation) have been offered at the international level. They are generally known as human rights instruments. Some of the most significant are:

• Convention on the Prevention and Punishment of the Crime of Genocide (adopted 1948, entry into force: 1951) unhchr.ch
• Convention on the Elimination of All Forms of Racial Discrimination (CERD) (adopted 1966, entry into force: 1969) unhchr.ch
• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (entry into force: 1981) Convention on the Elimination of All Forms of Discrimination against Women
• United Nations Convention Against Torture (CAT) (adopted 1984, entry into force: 1984)^[37]
• Convention on the Rights of the Child (CRC) (adopted 1989, entry into force: 1989) Convention on the Rights of the Child | UNICEF Archived 26 April 2019 at the Wayback Machine
• International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
  (ICRMW) (adopted 1990)
• Rome Statute of the International Criminal Court
  (ICC) (entry into force: 2002)

Including environmental rights

In 2021 the United Nations Human Rights Council officially recognized "having a clean, healthy and sustainable environment" as a human right.^[38] In April 2024 the European Court of Human Rights ruled, in the first time in history, that Swiss government had violated human rights by not acting strong enough to stop climate change.^[39]

Promotion strategies

Military force

Economic actions

Economic sanctions are often levied upon individuals or states who commit human rights violations. Sanctions are often criticized for its feature of collective punishment in hurting a country's population economically in order dampen that population's view of its government.^[42][43] It is also argued that, counterproductively, sanctions on offending authoritarian governments strengthen that government's position domestically as governments would still have more mechanisms to find funding than their critics and opposition, who become further weakened.^[44]

The risk of human rights violations increases with the increase in financially vulnerable populations. Girls from poor families in non-industrialized economies are often viewed as a financial burden on the family and marriage of young girls is often driven in the hope that daughters will be fed and protected by wealthier families.

Informational strategies

Human rights abuses are monitored by United Nations committees, national institutions and governments and by many independent

Legal instruments

Many examples of legal instruments at the international, regional and national level described below are designed to enforce laws securing human rights.

Protection at the international level

United Nations

The United Nations (UN) is the only multilateral governmental agency with universally accepted international jurisdiction for universal human rights legislation.^[50] All UN organs have advisory roles to the United Nations Security Council and the United Nations Human Rights Council, and there are numerous committees within the UN with responsibilities for safeguarding different human rights treaties. The most senior body of the UN with regard to human rights is the Office of the High Commissioner for Human Rights. The United Nations has an international mandate to:

... achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.

— Article 1–3 of the Charter of the United Nations

Human Rights Council

The UN Human Rights Council, created in 2005, has a mandate to investigate alleged human rights violations.^[51] 47 of the 193 UN member states sit on the council, elected by simple majority in a secret ballot of the United Nations General Assembly. Members serve a maximum of six years and may have their membership suspended for gross human rights abuses. The council is based in Geneva, and meets three times a year; with additional meetings to respond to urgent situations.^[52] Independent experts (rapporteurs) are retained by the council to investigate alleged human rights abuses and to report to the council. The Human Rights Council may request that the Security Council refer cases to the International Criminal Court (ICC) even if the issue being referred is outside the normal jurisdiction of the ICC.^[b]

United Nations treaty bodies

In addition to the political bodies whose mandate flows from the UN charter, the UN has set up a number of treaty-based bodies, comprising committees of independent experts who monitor compliance with human rights standards and norms flowing from the core international human rights treaties. They are supported by and are created by the treaty that they monitor, With the exception of the CESCR, which was established under a resolution of the Economic and Social Council to carry out the monitoring functions originally assigned to that body under the Covenant, they are technically autonomous bodies, established by the treaties that they monitor and accountable to the state parties of those treaties – rather than subsidiary to the United Nations, though in practice they are closely intertwined with the United Nations system and are supported by the UN High Commissioner for Human Rights (UNHCHR) and the UN Centre for Human Rights.^[53]

• The
  Human Rights Committee promotes participation with the standards of the ICCPR. The members of the committee express opinions on member countries and make judgments on individual complaints against countries which have ratified an Optional Protocol to the treaty. The judgments, termed "views", are not legally binding. The member of the committee meets around three times a year to hold sessions^[54]
• The Committee on Economic, Social and Cultural Rights monitors the ICESCR and makes general comments on ratifying countries performance. It will have the power to receive complaints against the countries that opted into the Optional Protocol once it has come into force. Unlike the other treaty bodies, the economic committee is not an autonomous body responsible to the treaty parties, but directly responsible to the Economic and Social Council and ultimately to the General Assembly. This means that the Economic Committee faces particular difficulties at its disposal only relatively "weak" means of implementation in comparison to other treaty bodies.^[55] Particular difficulties noted by commentators include: perceived vagueness of the principles of the treaty, relative lack of legal texts and decisions, ambivalence of many states in addressing economic, social and cultural rights, comparatively few non-governmental organisations focused on the area and problems with obtaining relevant and precise information.^[55][56]
• The Committee on the Elimination of Racial Discrimination monitors the
  CERD
  and conducts regular reviews of countries' performance. It can make judgments on complaints against member states allowing it, but these are not legally binding. It issues warnings to attempt to prevent serious contraventions of the convention.
• The Committee on the Elimination of Discrimination against Women monitors the CEDAW. It receives states' reports on their performance and comments on them, and can make judgments on complaints against countries which have opted into the 1999 Optional Protocol.
• The Committee Against Torture monitors the CAT and receives states' reports on their performance every four years and comments on them. Its subcommittee may visit and inspect countries which have opted into the Optional Protocol.
• The Committee on the Rights of the Child monitors the CRC and makes comments on reports submitted by states every five years. It does not have the power to receive complaints.
• The Committee on Migrant Workers was established in 2004 and monitors the
  ICRMW
  and makes comments on reports submitted by states every five years. It will have the power to receive complaints of specific violations only once ten member states allow it.
• The Committee on the Rights of Persons with Disabilities was established in 2008 to monitor the Convention on the Rights of Persons with Disabilities. It has the power to receive complaints against the countries which have opted into the Optional Protocol to the Convention on the Rights of Persons with Disabilities.
• The Committee on Enforced Disappearances monitors the ICPPED. All States parties are obliged to submit reports to the committee on how the rights are being implemented. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of "concluding observations".

Each treaty body receives secretariat support from the Human Rights Council and Treaties Division of Office of the High Commissioner on Human Rights (OHCHR) in Geneva except CEDAW, which is supported by the Division for the Advancement of Women (DAW). CEDAW formerly held all its sessions at United Nations headquarters in New York but now frequently meets at the United Nations Office in Geneva; the other treaty bodies meet in Geneva. The Human Rights Committee usually holds its March session in New York City. The human rights enshrined in the UDHR, the Geneva Conventions and the various enforced treaties of the United Nations are enforceable in law. In practice, many rights are very difficult to legally enforce due to the absence of consensus on the application of certain rights, the lack of relevant national legislation or of bodies empowered to take legal action to enforce them.

International courts

There exist a number of internationally recognized organisations with worldwide mandate or jurisdiction over certain aspects of human rights:

• The International Court of Justice (ICJ) is the United Nations' primary judiciary body.^[57] It has worldwide jurisdiction. It is directed by the Security Council. The ICJ settles disputes between nations. The ICJ does not have jurisdiction over individuals.
• The
  Rome Statute, which established the court.^[58]

The ICC and other international courts (see Regional human rights below) exist to take action where the national legal system of a state is unable to try the case itself. If national law is able to safeguard human rights and punish those who breach human rights legislation, it has primary jurisdiction by complementarity. Only when all local remedies have been exhausted does international law take effect.^[59]

Regional human rights regimes

In over 110 countries,

Africa

The African Union (AU) is a continental union consisting of fifty-five African states.^[64] Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and a sustainable economy, especially by bringing an end to intra-African conflict and creating an effective common market.^[65] The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial organ of the African Union tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights and considering individual complaints of violations of the Charter. The commission has three broad areas of responsibility:^[66]

• Promoting human and peoples' rights
• Protecting human and peoples' rights
• Interpreting the African Charter on Human and Peoples' Rights

In pursuit of these goals, the commission is mandated to "collect documents, undertake studies and researches on African problems in the field of human and peoples, rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and, should the case arise, give its views or make recommendations to governments" (Charter, Art. 45).^[66]

With the creation of the

There are many countries in Africa accused of human rights violations by the international community and NGOs.[71]

Americas

The Organization of American States (OAS) is an international organization, headquartered in Washington, D.C., United States. Its members are the thirty-five independent states of the Americas. Over the course of the 1990s, with the end of the Cold War, the return to democracy in Latin America, and the thrust toward globalization, the OAS made major efforts to reinvent itself to fit the new context. Its stated priorities now include the following:^[72]

• Strengthening democracy
• Working for peace
• Protecting human rights
• Combating corruption
• The rights of Indigenous Peoples
• Promoting sustainable development

The Inter-American Commission on Human Rights (the IACHR) is an autonomous organ of the Organization of American States, also based in Washington, D.C. Along with the Inter-American Court of Human Rights, based in San José, Costa Rica, it is one of the bodies that comprise the inter-American system for the promotion and protection of human rights.^[73] The IACHR is a permanent body which meets in regular and special sessions several times a year to examine allegations of human rights violations in the hemisphere. Its human rights duties stem from three documents:^[74]

• the American Convention on Human Rights
• the American Declaration of the Rights and Duties of Man
• the Charter of the Organization of American States

The Inter-American Court of Human Rights was established in 1979 with the purpose of enforcing and interpreting the provisions of the American Convention on Human Rights. Its two main functions are thus adjudicatory and advisory. Under the former, it hears and rules on the specific cases of human rights violations referred to it. Under the latter, it issues opinions on matters of legal interpretation brought to its attention by other OAS bodies or member states.^[75]

Asia

There are no Asia-wide organisations or conventions to promote or protect human rights. Countries vary widely in their approach to human rights and their record of human rights protection.

The Arab Charter on Human Rights (ACHR) was adopted by the Council of the League of Arab States on 22 May 2004.^[82]

Europe

The Council of Europe, founded in 1949, is the oldest organisation working for European integration. It is an international organisation with legal personality recognised under public international law and has observer status with the United Nations. The seat of the Council of Europe is in Strasbourg in France. The Council of Europe is responsible for both the European Convention on Human Rights and the European Court of Human Rights.^[83] These institutions bind the council's members to a code of human rights which, though strict, are more lenient than those of the United Nations charter on human rights. The council also promotes the European Charter for Regional or Minority Languages and the European Social Charter.^[84] Membership is open to all European states which seek European integration, accept the principle of the rule of law and are able and willing to guarantee democracy, fundamental human rights and freedoms.^[85]

The Council of Europe is an organisation that is not part of the

Philosophies of human rights

Rights
Theoretical distinctions
Claim rights and liberty rights Individual and group rights Natural rights and legal rights Negative and positive rights
Human rights
Civil and political Economic, social and cultural Three generations
Rights by beneficiary
Accused Animals Children Consumers Creditors Deaf Disabled Elders Farmers Fetuses Humans Indigenous Intersex Kings LGBT Transgender Men Minorities Parents Fathers Mothers Patients Peasants Plants Prisoners Robots States Students Victims Women Workers Youth
Other groups of rights
Assembly Association Asylum Civil liberties Digital Education Fair trial Food Free migration Health Housing Linguistic Movement Development Property Repair Reproductive Rest and leisure Self defense Self-determination of people Sexuality Speech Water and sanitation
v t e

Several theoretical approaches have been advanced to explain how and why human rights become part of social expectations. One of the oldest Western philosophies on human rights is that they are a product of a natural law, stemming from different philosophical or religious grounds. Other theories hold that human rights codify moral behavior which is a human social product developed by a process of biological and social evolution (associated with David Hume). Human rights are also described as a sociological pattern of rule setting (as in the sociological theory of law and the work of Max Weber). These approaches include the notion that individuals in a society accept rules from legitimate authority in exchange for security and economic advantage (as in John Rawls) – a social contract.

Natural rights

Natural law theories base human rights on a "natural" moral, religious or even biological order which is independent of transitory human laws or traditions. Socrates and his philosophic heirs, Plato and Aristotle, posited the existence of natural justice or natural right (dikaion physikon, δικαιον φυσικον, Latin ius naturale). Of these, Aristotle is often said to be the father of natural law,^[89] although evidence for this is due largely to the interpretations of his work by Thomas Aquinas.^[90] The development of this tradition of natural justice into one of natural law is usually attributed to the Stoics.^[91]

Some of the early

, whereas previously it could be said that natural rights were discovered by considering the natural law. In Hobbes' opinion, the only way natural law could prevail was for men to submit to the commands of the sovereign. In this lay the foundations of the theory of a social contract between the governed and the governor.

. Locke turned Hobbes' prescription around, saying that if the ruler went against natural law and failed to protect "life, liberty, and property," people could justifiably overthrow the existing state and create a new one.

The Belgian philosopher of law

Other theories of human rights

The philosopher John Finnis argues that human rights are justifiable on the grounds of their instrumental value in creating the necessary conditions for human well-being.^[95][96] Interest theories highlight the duty to respect the rights of other individuals on grounds of self-interest:

Human rights law, applied to a State's own citizens serves the interest of states, by, for example, minimizing the risk of violent resistance and protest and by keeping the level of dissatisfaction with the government manageable

— Niraj Nathwani, Rethinking Refugee Law^[97]

The biological theory considers the comparative reproductive advantage of human social behavior based on empathy and altruism in the context of natural selection.^{[98][99][100]} The philosopher Zhao Tingyang argues that the traditional human rights framework fails to be universal, because it arose from contingent aspects of Western culture, and that the concept of inalienable and unconditional human rights is in tension with the principle of justice. He proposes an alternative framework called "credit human rights", in which rights are tied to responsibilities.^[101][102]

Concepts in human rights

Indivisibility and categorization of rights

The most common categorization of human rights is to split them into civil and political rights, and economic, social and cultural rights. Civil and political rights are enshrined in articles 3 to 21 of the Universal Declaration of Human Rights and in the ICCPR. Economic, social and cultural rights are enshrined in articles 22 to 28 of the Universal Declaration of Human Rights and in the ICESCR. The UDHR included both economic, social and cultural rights and civil and political rights because it was based on the principle that the different rights could only successfully exist in combination:

The ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his social, economic and cultural rights

— International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights, 1966

This is held to be true because without civil and political rights the public cannot assert their economic, social and cultural rights. Similarly, without livelihoods and a working society, the public cannot assert or make use of civil or political rights (known as the full belly thesis).

Although accepted by the signatories to the UDHR, most of them do not in practice give equal weight to the different types of rights. Western cultures have often given priority to civil and political rights, sometimes at the expense of economic and social rights such as the right to work, to education, health and housing. For example, in the United States there is no universal access to healthcare free at the point of use.^[103] That is not to say that Western cultures have overlooked these rights entirely (the welfare states that exist in Western Europe are evidence of this). Similarly, the ex Soviet bloc countries and Asian countries have tended to give priority to economic, social and cultural rights, but have often failed to provide civil and political rights.

Another categorization, offered by Karel Vasak, is that there are three generations of human rights: first-generation civil and political rights (right to life and political participation), second-generation economic, social and cultural rights (right to subsistence) and third-generation solidarity rights (right to peace, right to clean environment). Out of these generations, the third generation is the most debated and lacks both legal and political recognition. This categorisation is at odds with the indivisibility of rights, as it implicitly states that some rights can exist without others. Prioritisation of rights for pragmatic reasons is however a widely accepted necessity. Human rights expert Philip Alston argues:

If every possible human rights element is deemed to be essential or necessary, then nothing will be treated as though it is truly important.^[104]

— Philip Alston

He, and others, urge caution with prioritisation of rights:

... the call for prioritizing is not to suggest that any obvious violations of rights can be ignored.^[104]

— Philip Alston

Priorities, where necessary, should adhere to core concepts (such as reasonable attempts at progressive realization) and principles (such as non-discrimination, equality and participation.^[105]

— Olivia Ball, Paul Gready

Some human rights are said to be "

". The term inalienable rights (or unalienable rights) refers to "a set of human rights that are fundamental, are not awarded by human power, and cannot be surrendered".

The adherence to the principle of indivisibility by the international community was reaffirmed in 1995:

All human rights are universal, indivisible and interdependent and related. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis.

— Vienna Declaration and Program of Action, World Conference on Human Rights, 1995

This statement was again endorsed at the 2005 World Summit in New York (paragraph 121).

Universalism vs cultural relativism

The Universal Declaration of Human Rights enshrines, by definition, rights that apply to all humans equally, whichever geographical location, state, race or culture they belong to. Proponents of cultural relativism suggest that human rights are not all universal, and indeed conflict with some cultures and threaten their survival. Rights which are most often contested with relativistic arguments are the rights of women. For example, female genital mutilation occurs in different cultures in Africa, Asia and South America. It is not mandated by any religion, but has become a tradition in many cultures. It is considered a violation of women's and girl's rights by much of the international community, and is outlawed in some countries.

Universalism has been described by some as cultural, economic or political imperialism. In particular, the concept of human rights is often claimed to be fundamentally rooted in a politically liberal outlook which, although generally accepted in Europe, Japan or North America, is not necessarily taken as standard elsewhere. For example, in 1981, the Iranian representative to the United Nations, Said Rajaie-Khorassani, articulated the position of his country regarding the UDHR by saying that the UDHR was "a

both claimed in the 1990s that Asian values were significantly different from western values and included a sense of loyalty and foregoing personal freedoms for the sake of social stability and prosperity, and therefore authoritarian government is more appropriate in Asia than democracy. This view is countered by Mahathir's former deputy:

To say that freedom is Western or unAsian is to offend our traditions as well as our forefathers, who gave their lives in the struggle against tyranny and injustices.

— Anwar Ibrahim, in his keynote speech to the Asian Press Forum title Media and Society in Asia, 2 December 1994

Singapore's opposition leader Chee Soon Juan also states that it is racist to assert that Asians do not want human rights.^[107][108] An appeal is often made to the fact that influential human rights thinkers, such as John Locke and John Stuart Mill, have all been Western and indeed that some were involved in the running of Empires themselves.^[109][110] Relativistic arguments tend to neglect the fact that modern human rights are new to all cultures, dating back no further than the UDHR in 1948. They also do not account for the fact that the UDHR was drafted by people from many different cultures and traditions, including a US Roman Catholic, a Chinese Confucian philosopher, a French Zionist and a representative from the Arab League, amongst others, and drew upon advice from thinkers such as Mahatma Gandhi.^[30]

Michael Ignatieff has argued that cultural relativism is almost exclusively an argument used by those who wield power in cultures which commit human rights abuses, and that those whose human rights are compromised are the powerless.^[111] This reflects the fact that the difficulty in judging universalism versus relativism lies in who is claiming to represent a particular culture. Although the argument between universalism and relativism is far from complete, it is an academic discussion in that all international human rights instruments adhere to the principle that human rights are universally applicable. The 2005 World Summit reaffirmed the international community's adherence to this principle:

The universal nature of human rights and freedoms is beyond question.

— 2005 World Summit, paragraph 120

Universal jurisdiction vs state sovereignty

State and non-state actors

Companies, NGOs, political parties, informal groups, and individuals are known as non-State actors. Non-State actors can also commit human rights abuses, but are not subject to human rights law other than International Humanitarian Law, which applies to individuals.

stated in a report in 2003:

the growing power of transnational corporations and their extension of power through privatization, deregulation and the rolling back of the State also mean that it is now time to develop binding legal norms that hold corporations to human rights standards and circumscribe potential abuses of their position of power.[115]

— Jean Ziegler

In August 2003, the Human Rights Commission's Sub-Commission on the Promotion and Protection of Human Rights produced draft Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights.^[116] These were considered by the Human Rights Commission in 2004, but have no binding status on corporations and are not monitored.^[117] Additionally, the United Nations Sustainable Development Goal 10 aims to substantially reduce inequality by 2030 through the promotion of appropriate legislation.^[118]

Human rights in emergency situations

With the exception of non-derogable human rights (international conventions class the right to life, the right to be free from slavery, the right to be free from torture and the right to be free from retroactive application of penal laws as non-derogable),^[119] the UN recognises that human rights can be limited or even pushed aside during times of national emergency, although it clarifies:

the emergency must be actual, affect the whole population and the threat must be to the very existence of the nation. The declaration of emergency must also be a last resort and a temporary measure.

— United Nations, The Resource^[119]

Rights that cannot be derogated for reasons of national security in any circumstances are known as peremptory norms or jus cogens. Such International law obligations are binding on all states and cannot be modified by treaty.

Criticism

Critics of the view that human rights are universal argue that human rights are a Western concept that "emanate from a European, Judeo-Christian, and/or Enlightenment heritage (typically labeled Western) and cannot be enjoyed by other cultures that don't emulate the conditions and values of 'Western' societies."^[120] Right-wing critics of human rights argue that they are "unrealistic and unenforceable norms and inappropriate intrusions on state sovereignty", while left-wing critics of human rights argue that they fail "to achieve – or prevents better approaches to achieving – progressive goals".^[121]

See also

Explanatory notes

Notes

References and further reading

• Amnesty International (2004). Amnesty International Report. Amnesty International.
  ISBN 0862103541, 1887204407
• S2CID 145803790
  .
• Arnhart, Larry (1998). Darwinian Natural Right: The Biological Ethics of Human Nature. SUNY Press.
  ISBN 0791436934
  .
• Ball, Olivia; Gready, Paul (2007). The No-Nonsense Guide to Human Rights. New Internationalist.
  ISBN 978-1904456452
  .
• Beitz, Charles R. (2009). The idea of human rights. Oxford: Oxford University Press.
  ISBN 978-0-19-957245-8
  .
• Chauhan, O.P. (2004). Human Rights: Promotion and Protection. Anmol Publications PVT. LTD.
  ISBN 812612119X
  .
• Clayton, Philip; Schloss, Jeffrey (2004). Evolution and Ethics: Human Morality in Biological and Religious Perspective. Wm. B. Eerdmans Publishing.
  ISBN 0802826954
  .
• Cope, K., Crabtree, C., & Fariss, C. (2020). "Patterns of disagreement in indicators of state repression" Political Science Research and Methods, 8(1), 178–187.
  doi:10.1017/psrm.2018.62
• Cross, Frank B. "The relevance of law in human rights protection." International Review of Law and Economics 19.1 (1999): 87–98 online Archived 22 April 2021 at the Wayback Machine.
• Davenport, Christian (2007). State Repression and Political Order. Annual Review of Political Science.
• Donnelly, Jack. (2003). Universal Human Rights in Theory & Practice. 2nd ed. Ithaca & London: Cornell University Press.
  ISBN 0801487765
• Finnis, John (1980). Natural Law and Natural Rights. Oxford: Clarendon Press.
  ISBN 0198761104
  .
• Fomerand, Jacques. ed. Historical Dictionary of Human Rights (2021) excerpt
• Forsythe, David P. (2000). Human Rights in International Relations. Cambridge: Cambridge University Press. International Progress Organization.
  ISBN 3900704082
• Freedman, Lynn P.; Isaacs, Stephen L. (Jan–Feb 1993). "Human Rights and Reproductive Choice". Studies in Family Planning Vol.24 (No.1): p. 18–30
  JSTOR 2939211
• Freeman, Michael (2002). Human Rights: An Interdisciplinary Approach. Wiley.
  ISBN 978-0-7456-2356-6
  .
• ISBN 0375506926
  .
• Gorman, Robert F. and Edward S. Mihalkanin, eds. Historical Dictionary of Human Rights and Humanitarian Organizations (2007) excerpt
• Houghton Miffin Company (2006). The American Heritage Dictionary of the English Language. Houghton Miffin.
  ISBN 0618701737
• ISBN 0691088934
  .
• Ishay, Micheline. The History of Human Rights: From Ancient Times to the Era of Globalization (U of California Press, 2008) excerpt
• Moyn, Samuel (2010). The Last Utopia: Human Rights in History. Harvard University Press.
  ISBN 978-0-674-04872-0
  .
• Istrefi, Remzije. "International Security Presence in Kosovo and its Human Rights Implications." Croatian International Relations Review 23.80 (2017): 131–154. online
• ISBN 0313211493
  . (reprint of 1952 edition published by University of Chicago Press)
• Jahn, Beate (2005). "Barbarian thoughts: imperialism in the philosophy of John Stuart Mill" (PDF). Review of International Studies. 31 (3). Cambridge University Press: 599–618.
  S2CID 146136371
  .
• Köchler, Hans (1981). The Principles of International Law and Human Rights. hanskoechler.com
• Köchler, Hans. (1990). "Democracy and Human Rights". Studies in International Relations, XV. Vienna: International Progress Organization.
• Kohen, Ari (2007). In Defense of Human Rights: A Non-Religious Grounding in a Pluralistic World. Routledge.
  ISBN 978-0415420150
• Landman, Todd (2006). Studying Human Rights. Oxford and London: Routledge
  ISBN 0415326052
• Light, Donald W. (2002). "A Conservative Call For Universal Access To Health Care". Penn Bioethics. 9 (4): 4–6.
• Littman, David
  (1999). "Universal Human Rights and 'Human Rights in Islam'". Midstream Magazine. Vol. 2, no. 2. pp. 2–7.
• Maan, Bashir; McIntosh, Alastair (1999). "Interview with William Montgomery Watt" The Coracle Vol. 3 (No. 51) pp. 8–11.
• Maret, Susan 2005. "'Formats Are a Tool for the Quest for Truth': HURIDOCS Human Rights Materials for Library and Human Rights Workers". Progressive Librarian, no. 26 (Winter): 33–39.
• Mayer, Henry (2000). All on Fire: William Lloyd Garrison and the Abolition of Slavery. St Martin's Press.
  ISBN 0312253672
  .
• ISBN 978-9004147430
• McLagan, Meg (2003) "Principles, Publicity, and Politics: Notes on Human Rights Media". American Anthropologist. Vol. 105 (No. 3). pp. 605–612
• Maddex, Robert L., ed. International encyclopedia of human rights: freedoms, abuses, and remedies (CQ Press, 2000).
• Möller, Hans-Georg. "How to distinguish friends from enemies: Human rights rhetoric and western mass media". in Technology and Cultural Values (U of Hawaii Press, 2003) pp. 209–221.
• Nathwani, Niraj (2003). Rethinking Refugee Law. Martinus Nijhoff Publishers.
  ISBN 9041120025
  .
• Neier, Aryeh. The international human rights movement : a history (Princeton UP, 2012)
• Nickel, James (2010). "Human Rights". The Stanford Encyclopedia of Philosophy (Fall 2010 ed.).
• Paul, Ellen Frankel; Miller, Fred Dycus; Paul, Jeffrey (eds) (2001). Natural Law and Modern Moral Philosophy Cambridge University Press.
  ISBN 0521794609
• Power, Samantha. A Problem from Hell": America and the Age of Genocide (Basic Books, 2013).
• Robertson, Arthur Henry; Merrills, John Graham (1996). Human Rights in the World: An Introduction to the Study of the International Protection of Human Rights. Manchester University Press.
  ISBN 0719049237
  .
• Reyntjens, Filip. "Rwanda: progress or powder keg?." Journal of Democracy 26.3 (2015): 19–33.
• Salevao, Lutisone (2005). Rule of Law, Legitimate Governance and Development in the Pacific. ANU E Press.
  ISBN 978-0731537211
• Scott, C. (1989). "The Interdependence and Permeability of Human Rights Norms: Towards a Partial Fusion of the International Covenants on Human Rights". Osgood Law Journal Vol. 27
• Sepulveda, Magdalena; van Banning, Theo; Gudmundsdottir, Gudrun D.; Chamoun, Christine; van Genugten, Willem J.M. (2004). Human Rights Reference Handbook (3rd ed.). University for Peace.
  ISBN 9977925186. Archived from the original
  on 28 March 2012. Retrieved 8 November 2011.
• Shaw, Malcolm (2008). International Law (6th ed.). Leiden: Cambridge University Press.
  ISBN 978-0-511-45559-9
  .
• Shelton, Dinah. "Self-Determination in Regional Human Rights Law: From Kosovo to Cameroon". American Journal of International Law 105.1 (2011): 60–81 online.
• Sills, David L. (1968, 1972) International Encyclopedia of the Social Sciences. MacMillan.
• Shellens, Max Salomon (1959). "Aristotle on Natural Law". Natural Law Forum. 4 (1): 72–100.
• ISBN 0876411510
  .
• Shute, Stephen &
  ISBN 046505224X
• Sobel, Meghan, and Karen McIntyre. "Journalists' Perceptions of Human Rights Reporting in Rwanda". African Journalism Studies 39.3 (2018): 85–104. online Archived 7 July 2021 at the Wayback Machine
• Steiner, J. &
  ISBN 019825427X
• Straus, Scott, and Lars Waldorf, eds. Remaking Rwanda: State building and human rights after mass violence (Univ of Wisconsin Press, 2011).
• ISBN 0792314530
• ISBN 0802848540
• Tunick, Mark (2006). "Tolerant Imperialism: John Stuart Mill's Defense of British Rule in India". The Review of Politics. 68 (4). Cambridge University Press: 586–611.
  S2CID 144092745
  .

Primary sources

• Ishay, Micheline, ed. The Human Rights Reader: Major Political Essays, Speeches, and Documents from Ancient Times to the Present (2nd ed. 2007) excerpt

External links

Wikiquote has quotations related to Human rights.

Look up human rights in Wiktionary, the free dictionary.

Scholia has a topic profile for Human rights.

• Universal Declaration of Human Rights by the United Nations
• Office of the High Commissioner for Human Rights
• The Universal Human Rights Index of United Nations documents