Human rights, Categorization

From Vototo

Version ID# 2897 by 198.51.100.18
Press the "Improve" button to call for a new round of election and submit a challenging revision.
Jump to: navigation, search

Summary

Human rights are moral principles that set out certain standards of human behaviour, and are regularly protected as legal rights in national and international law. They are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal (applicable everywhere) and egalitarian (the same for everyone).

Details

Opponents of the indivisibility of human rights argue that economic, social and cultural rights are fundamentally different from civil and political rights and require completely different approaches. Economic, social and cultural rights are argued to be:

  • aspirations or goals, as opposed to real 'legal' rights
  • ideologically divisive/political, meaning that there is no consensus on what should and shouldn't be provided as a right
  • non-justiciable, meaning that their provision, or the breach of them, cannot be judged in a court of law
  • positive, meaning that they require active provision of entitlements by the state (as opposed to the state being required only to prevent the breach of rights)
  • progressive, meaning that they will take significant time to implement
  • resource-intensive, meaning that they are expensive and difficult to provide
  • vague, meaning they cannot be quantitatively measured, and whether they are adequately provided or not is difficult to judge

Similarly civil and political rights are categorized as:

  • capitalist
  • cost-free
  • immediate, meaning they can be immediately provided if the state decides to
  • justiciable
  • negative, meaning the state can protect them simply by taking no action
  • non-ideological/non-political
  • precise, meaning their provision is easy to judge and measure
  • real 'legal' rights

Olivia Ball and Paul Gready argue that for both civil and political rights and economic, social and cultural rights, it is easy to find examples which do not fit into the above categorisation. Among several others, they highlight the fact that maintaining a judicial system, a fundamental requirement of the civil right to due process before the law and other rights relating to judicial process, is positive, resource-intensive, progressive and vague, while the social right to housing is precise, justiciable and can be a real 'legal' right.

Copyright: Attribute—Share Alike

External Links

  • WikipediaUnited Nations: Human RightsUN Practitioner's Portal on HRBA ProgrammingSimple Guide to the UN Treaty BodiesCountry Reports on Human Rights PracticesInternational Center for Transitional Justice (ICTJ)

Space reserved for Vototo Advertising Program

Content specific ad placement

Voicing the ONLY opinion that counts

System Design by Penpegraphy Tool+Die — Silicon Valley U.S.A.

Reserved for Vototo Advertising Program

(in planning)

Personal tools