History, sources, obligations, concept

Question 1

When does the history of human rights begin?

Answer 1

Finding a point of departure is a controversial matter. Hard to credit one culture of religion the origin of human rights.

We can find traces back in ancient civilizations over the world
- Hammurabi 18th century BC
- as natural rights, back in ancient Greece

From the perspective of legal measures, Magna Carta (1215) is commonly referred to as the starting point.

Question 2

What were some of the ideas of human rights that came during the enlightenment period?

Answer 2

Hobbes’ Leviathan
- no restraints on power, few natural rights of individuals, abuse of the ruler’s subjects was to be expected
- the ruler was in theory restricted by the laws of God and nature

John Locke
- advocated the natural liberty and equality of human beings, strong advocate of natural rights (particuarly property)
- contributed with the theory of government

Monesquieu
- seperation of power

Rousseau
- social contract

Question 3

What is the difference between the two covenents, ICCPR and ICESCR?

Answer 3

• ICCPR: ensure civil and political rights right away
• ICECPR: progressive realization (core rights are however immediate)

Question 4

What are the different human rights obligations states have?

Answer 4

• respect: refrain from interfering with the enjoyment of the right
• protect: prevent others from interfering with the enjoyment of the right
• fulfil: adopt appropriate measures towards full realisation of the right

Question 5

What does derogation mean?

Answer 5

In cases of public emergencies the states can, as an exception, temporary suspend the obligation to fulfil the obligation of a human right

Question 6

Who has human rights?

Answer 6

• mainly all individuals/people within the territory of states, see ICCPR art. 2 (1)
• corporations have been recognised by the ECtHR to have some rights (property)
• under the UN treaties, corporations and other artificial entities do not have rights, but some cases in the ECtHR on corporation’s freedom of expression is recognized

Question 7

What are the different generations of rights? (older approach to human rights)

Answer 7

• first generation (civil and political rights): focus on individual freedoms and liberties (negative rights), ex. right to life, freedom of speech, religion, fair trial
  
  • emerged during the 18th and 19th centuries, often associated with movements like the American and French revolutions (western world)
• second generation: about ensuring a basic standard of living (underlying theme is equality, positive rights), ex. right to adequate standard of living, eduction, right to work
  
  • gained prominence in the 20th century, especially after World War II, as societies recognized the need to address social and economic inequalities (eastern world)
• third generation: focus on collective rights, the well-being of an entire group or communities rather then individual freedoms, ec. right to a healthy environment, indigenous peoples rights
  
  • started to be discussed more prominently in the latter half of the 20th century and continue to evolve (shaped by difficulties faced by countries in the global south)

Question 8

What is a newer approach to the human rights system?

Answer 8

• all rights are universal, indivisible, interdependent and interrelated
• all rights a costly
• all rights entail obligations to respect, protect, fulfil
• all rights are justiciable
• all rights correspond to (some) immediate obligations
• no watertight division between categories