Generations of Human Rights Law Flashcards
How can HRL be divided on the basis of criminal, civil
Criminal HRL works to penalise the violation of your human rights. Protection of the same through sanctions, penalisation etc.
Civil works in the form of positive rights that endure and assert your HR through welfare schemes, affirmative actions etc.
Why is the temporal categorisation of HR important?
Human Rights tradition understands that fundamental moral rights are in a constant state of development and are not timeless as new non-state actors gain influence. Since HR is not static, there is a necessity to realise the concept which also varies. Also, it helps one to understand to what extent certain generations of HR have been secured via global and regional structures.
What is the first Generation of Rights? Who classified them as such?
Karel Vasak categorised them.
The first thing after you gain existence is to secure it. This is done through the civil and political that were “recognised” (not conferred as human rights exist from the moment of your birth). The UDHR and ICCPR embody these rights. Article 2-21 of the UDHR deals with Civil and Political Rights. John Galtung associated such rights with the bourgeoisie rights.
Right to life, right against arbitrary deprivation of life, Right to religion, against slavery etc.
What are the second generation rights?
After securing your existence, the next logical step is to make your existence better. This is done through the securing of your cultural, social and economic rights. These rights were associated with the working class. The ICESCR recognises these rights, as well as Articles 22 to 27 of the UDHR.
Health, education etc
Association of second generation rights with decoloniality
Second generation rights were recognised around the time third world countries were getting decolonised. They were asking for equality in the world arena. They are in the form of positive obligations of states (positive rights such as welfare and affirmative action). Require active involvement of the state.
What are the third generation rights?
These rights deal with solidarity and rights of groups. These are associated with the ideals of justice and equity. The onus to secure these rights rest not just on states but on non-state actors as well. Article 28 of the UDHR deals with these rights.
Right to peace etc.
What are fourth generation rights?
Noberto Bobbio talks about how there exist a current generation of development of rights related to genetic identity and biological research. Such as abortion, transplantation etc.
Criticism of such classification?
Criticism is that this is a very western centric idea of development and such rights may not have developed in the same manner in other regions, particularly in colonised third world countries.
When is there overlapping of individual and collective rights?
Socio-cultural and economic rights may exist as both individual and collective rights. They may be protected under the first and second generation, but when collectivised, they may become a right associated with solidarity and group rights.
Individual complaint mechanisms under ICCPR & ICESCR ensure 1st and 2nd generation rights while community based complaint mechanisms allow for third generation rights.
Case dealing with individual and collective rights co-existing
In the case of Teitiota v New Zealand, an individual right was also recognised as collective simultaneously as the problem of climate refugees might affect the world at large and not just him.
Is a generation-wise development observable in India?
Although the dates of ratification are a little slower than they are in the West, they are shown to be following the same generational timeline. Till the 2000s there was growth and recognition of 1st and 2nd generation rights. From 2006 onwards there was a shift to 3rd and 4th generation especially with the signing and of the UNDRIP.
Example of overlap between generations?
Declaration on right to development 1986 is a classic example of overlap of HR generations. In the preambulatory clauses of this declaration, 1st and 2nd generation rights are reflected while the objective of the declaration is development of a group which falls under 3rd generation Human rights.
