Three generations of human rights

Last updated
Rights
HumanRightsLogo.svg
Theoretical distinctions
Human rights
Rights by beneficiary
Other groups of rights

The division of human rights into three generations was initially proposed in 1979 by the Czech jurist Karel Vasak at the International Institute of Human Rights in Strasbourg. He used the term at least as early as November 1977. [1] Vasak's theories have primarily taken root in European law.

Contents

In a speech two years later, his divisions follow the three watchwords of the French Revolution: Liberty, Equality, Fraternity . [2] The three generations are reflected in some of the rubrics of the Charter of Fundamental Rights of the European Union.[ citation needed ] While the Universal Declaration of Human Rights lists first- and second-generation rights, the document itself does not specifically order them in accordance with Vasak's framework.

First-generation human rights

First-generation human rights, sometimes called "blue rights", deal essentially with liberty and participation in political life. They are fundamentally civil and political in nature: They serve negatively to protect the individual from excesses of the state. First-generation rights include, among other things, the right to life, equality before the law, freedom of speech, freedom of religion, property rights, the right to a fair trial, and voting rights. Some of these rights and the right to due process date back to the Magna Carta of 1215 and the Rights of Englishmen, which were expressed in the English Bill of Rights in 1689. A more full set of first-generation human rights was pioneered in France by the Declaration of the Rights of Man and of the Citizen in 1789, and by the United States Bill of Rights in 1791.

They were enshrined at the global level and given status in international law first by Articles 3 to 21 of the 1948 Universal Declaration of Human Rights and later in the 1966 International Covenant on Civil and Political Rights. In Europe, they were enshrined in the European Convention on Human Rights in 1953.

Second-generation human rights

Second-generation human rights are related to equality and began to be recognized by governments after World War II. They are fundamentally economic, social, and cultural in nature. They guarantee different members of the citizenry equal conditions and treatment. Secondary rights would include a right to be employed in just and favorable condition, rights to food, housing and health care, as well as social security and unemployment benefits. Like first-generation rights, they were also covered by the Universal Declaration of Human Rights, and further embodied in Articles 22 to 28 of the Universal Declaration, and the International Covenant on Economic, Social, and Cultural Rights.

In the United States of America, President Franklin D. Roosevelt proposed a Second Bill of Rights, covering much the same grounds, during his State of the Union Address on January 11, 1944. Today, many nations, states, or groups of nations have developed legally binding declarations guaranteeing comprehensive sets of human rights, e.g. the European Social Charter.

Some U.S. states have enacted some of these economic rights; for example, the state of New York has enshrined the right to a free education, [3] [4] as well as "the right to organize and to bargain collectively", [5] and workers' compensation, [6] in its constitutional law.

These rights are sometimes referred to as "red" rights. They impose upon the government the duty to respect and promote and fulfill them, but this depends on the availability of resources. The duty is imposed on the state because it controls its own resources. No one has the direct right to housing and right to education. (In South Africa, for instance, the right is not, per se, to housing, but rather "to have access to adequate housing", [7] realised on a progressive basis. [8] )

The duty of government is in the realization of these positive rights.

Third-generation human rights

Third-generation human rights are those rights that go beyond the mere civil and social, as expressed in many progressive documents of international law, including the 1972 Stockholm Declaration of the United Nations Conference on the Human Environment, the 1992 Rio Declaration on Environment and Development, and other pieces of generally aspirational "soft law".

Also known as Solidarity human rights, they are rights that try to go beyond the framework of individual rights to focus on collective concepts, such as community or people. However, the term remains largely unofficial, [9] [10] [11] [12] [13] [14] [15] just as the also-used moniker of "green" rights, and thus houses an extremely broad spectrum of rights, including:

The African Charter on Human and Peoples' Rights ensures many of those: the right to self-determination, right to development, right to natural resources and right to satisfactory environment. [16] Some countries also have constitutional mechanisms for safeguarding third-generation rights. For example, the Hungarian Parliamentary Commissioner for Future Generations, [17] the Parliament of Finland's Committee for the Future  [ fi ], and the erstwhile Commission for Future Generations in the Israeli Knesset.

Some international organizations have offices for safeguarding such rights. An example is the High Commissioner on National Minorities of the Organization for Security and Co-operation in Europe. The Directorate-General for the Environment of the European Commission has as its mission "protecting, preserving and improving the environment for present and future generations, and promoting sustainable development".

A few jurisdictions have enacted provisions for environmental protection, e.g. New York's "forever wild" constitutional article, [18] which is enforceable by action of the New York State Attorney General or by any citizen ex rel. with the consent of the Appellate Division. [19]

Fourth generation

Several analysts claim that a fourth generation of human rights is emerging, which would include rights that cannot be included in the third generation, future claims of first and second generation rights and new rights, especially in relation to technological development and information and communication technologies and cyberspace. [20]

However, the content of it is not clear, and these analysts do not present a unique proposal. They normally take some rights from the third generation and include them in the fourth, such as the right to a healthy environment or aspects related to bioethics. Some of those analysts believe that the fourth generation is given by human rights in relation to new technologies, [20] while others prefer to talk about digital rights, [21] where a new range of rights would be found, such as:

Others point out that the differentiating element would be that, while the first three generations refer to the human being as a member of society, the rights of the fourth would refer to the human being as a species.

Commentary

Maurice Cranston argued that scarcity means that supposed second-generation and third-generation rights are not really rights at all. [23] If one person has a right, others have a duty to respect that right, but governments lack the resources necessary to fulfill the duties implied by citizens' supposed second- and third-generation rights.

Charles Kesler, a professor of government at Claremont McKenna College and senior fellow of the Claremont Institute, has argued that second- and third-generation human rights serve as an attempt to cloak political goals, which the majority may well agree are good things in and of themselves, in the language of rights, and thus grant those political goals inappropriate connotations. In his opinion, calling socio-economic goods "rights" inherently creates a related concept of "duties", so that other citizens have to be coerced by the government to give things to other people in order to fulfill these new rights. He also has stated that, in the U.S., the new rights create a "nationalization" of political decision-making at the federal level in violation of federalism. [24] In his book Soft Despotism, Democracy's Drift, Paul Rahe, professor at Hillsdale College, wrote that focusing on equality-based rights leads to a subordination of the initial civil rights to an ever-expanding government, which would be too incompetent to provide for its citizens correctly and would merely seek to subordinate more rights. [25]

19th century philosopher Frederic Bastiat summarized the conflict between these negative and positive rights by saying:

M. de Lamartine wrote me one day: "Your doctrine is only the half of my program; you have stopped at liberty; I go on to fraternity." I answered him: "The second half of your program will destroy the first half." And, in fact, it is quite impossible for me to separate the word "fraternity" from the word "voluntary". It is quite impossible for me to conceive of fraternity as legally enforced, without liberty being legally destroyed, and justice being legally trampled underfoot. [26]

Economist Friedrich Hayek has argued that the second generation concept of "social justice" cannot have any practical political meaning:

No state of affairs as such is just or unjust: it is only when we assume that somebody is responsible for having brought it about ... In the same sense, a spontaneously working market, where prices act as guides to action, cannot take account of what people in any sense need or deserve, because it creates a distribution which nobody has designed, and something which has not been designed, a mere state of affairs as such, cannot be just or unjust. And the idea that things ought to be designed in a "just" manner means, in effect, that we must abandon the market and turn to a planned economy in which somebody decides how much each ought to have, and that means, of course, that we can only have it at the price of the complete abolition of personal liberty. [27]

New York University School of Law professor of law Jeremy Waldron has written in response to critics of the second-generation rights:

In any case, the argument from first-generation to second-generation rights was never supposed to be a matter of conceptual analysis. It was rather this: if one is really concerned to secure civil or political liberty for a person, that commitment should be accompanied by a further concern about the conditions of the person's life that make it possible for him to enjoy and exercise that liberty. Why on earth would it be worth fighting for this person's liberty (say, his liberty to choose between A and B) if he were left in a situation in which the choice between A and B meant nothing to him, or in which his choosing one rather than the other would have no impact on his life?" [28]

Hungarian socialist and political economist Karl Polanyi made the antithetical argument to Hayek in the book The Great Transformation . Polanyi wrote that an uncontrolled free market would lead to repressive economic concentration and then to a co-opting of democratic governance that degrades civil rights. [29]

The World Conference on Human Rights in 1993 opposed the distinction between civil and political rights (negative rights) and economic, social and cultural rights (positive rights) that resulted in the Vienna Declaration and Programme of Action proclaiming that "all human rights are universal, indivisible, interdependent and interrelated". [30]

See also

Notes

  1. ↑ Vašák, Karel. "A 30-year struggle; the sustained efforts to give force of law to the Universal Declaration of Human Rights". UNESDOC. Retrieved 2021-09-20.
  2. ↑ Etudes et essais sur le droit international humanitaire et sur les principes de la Croix-Rouge en l'honneur de Jean Pictet, red. by Christophe Swinarski, Comité Internat. de la Croix-Rouge; Nijhoff, 1984
  3. ↑ N.Y. Const. ART. XI, § 1, found at New York State Assembly website. Retrieved February 23, 2012.
  4. ↑ Campaign for Fiscal Equity, Inc. v. State, 86 N.Y.2d 307 (1995). Case brief found at Cornell Law School website. Retrieved February 23, 2012.
  5. ↑ N.Y. Const. ART. I, § 17, found at New York State Assembly website. Retrieved February 23, 2012.
  6. ↑ N.Y. Const. ART. I, § 18, found at New York State Assembly website. Retrieved February 23, 2012.
  7. ↑ Constitution of the Republic of South Africa, 1996, s 26(1).
  8. ↑ s s 26(2).
  9. ↑ "Los Derechos Humanos de solidaridad". Isipedia (in Spanish). Retrieved May 12, 2020.
  10. ↑ "¿Cuáles son los derechos humanos de tercera generación?" (in Spanish). Spanish committee of ACNUR. April 2017. Retrieved May 12, 2020.
  11. ↑ "Los derechos de tercera generación" (in Spanish). Amnesty International Catalonia. Retrieved May 12, 2020.
  12. ↑ "Three Generations of Human Rights". Globalization 101. Levin Institute - State University of New York. Retrieved May 12, 2020.
  13. ↑ Jensen, Steven. "Putting to rest the Three Generations Theory of human rights". Open Global Rights. Retrieved May 12, 2020.
  14. ↑ Domaradzki, Spasimir; Khvostova, Margaryta; Pupovac, David (September 6, 2019). "Karel Vasak's Generations of Rights and the Contemporary Human Rights Discourse". Human Rights Review. 20 (4). Springer: 423–443. doi: 10.1007/s12142-019-00565-x .
  15. ↑ Cornescu, Adrian (2009). "The generations of human's rights" (PDF). Retrieved May 12, 2020.
  16. ↑ African Charter on Human and Peoples' Rights, Article 20, 21, 22 and 24
  17. ↑ Notes: Hungarian Parliamentary Commissioner for Future Generations
  18. ↑ N.Y. Const. ART XIV, § 1. Found at New York State Assembly website. Retrieved February 23, 2012.
  19. ↑ N.Y. Const. ART XIV, § 5. Found at New York State Assembly website. Retrieved February 23, 2012.
  20. 1 2 Bustamante, Javier (September 2001). "Hacia la cuarta generación de Derechos Humanos: repensando la condición humana en la sociedad tecnológica". Revista Iberoamericana de Ciencia, Tecnología, Sociedad e Innovación (in Spanish). Madrid: Organization of Ibero-American States . Retrieved May 12, 2020.
  21. ↑ Riofrío, Juan Carlos (2014). "La cuarta ola de derechos humanos: los derechos digitales". Revista Latinoamericana de Derechos Humanos (in Spanish). 25 (1): 15–45. Retrieved May 12, 2020.
  22. ↑ "Los derechos humanos de tercera y cuarta generación". Encuentro Jurídico (in Spanish). January 2013. Archived from the original on November 14, 2014. Retrieved May 12, 2020.{{cite web}}: CS1 maint: unfit URL (link)
  23. ↑ Cranston, Maurice. "Human Rights: Real and Supposed," in Political Theory and the Rights of Man, edited by D. D. Raphael (Bloomington: Indiana University Press, 1967), pp. 43-51.
  24. ↑ "Charles Kesler on the Grand Liberal Project". Uncommon Knowledge. May 28, 2009. Archived from the original on July 15, 2009. Retrieved January 5, 2010.
  25. ↑ "Soft Despotism with Paul Rahe". Uncommon Knowledge. November 19, 2009. Archived from the original on January 4, 2010. Retrieved January 5, 2010.
  26. ↑ Bastiat, Frédéric (1850). "The Law". Selected Essays on Political Economy. Irvington-on-Hudson, NY: The Foundation for Economic Education, Inc.
  27. ↑ Hazlett, Thomas W. (July 1992). "The Road from Serfdom: Forseeing the Fall". Reason . Retrieved January 4, 2010.
  28. ↑ Jeremy Waldron, 1993. Liberal Rights: Collected Papers, page 7, 1981–91. ISBN   0-521-43617-6
  29. ↑ Karl Polanyi (2001). The Great Transformation. Beacon Press. ISBN   978-0-8070-5643-1.
  30. ↑ Vienna Declaration and Programme of Action, Part I para 5

Related Research Articles

<span class="mw-page-title-main">Human rights</span> Fundamental rights belonging to all humans

Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass a broad range of civil, political, economic, social, and cultural rights, such as the right to life, freedom of expression, protection against enslavement, and right to education.

<span class="mw-page-title-main">Universal Declaration of Human Rights</span> Declaration adopted in 1948 by the UN General Assembly

The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstained, and two did not vote.

Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of society and the state.

Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are an important concept in law and ethics, especially theories of justice and deontology.

<span class="mw-page-title-main">American Convention on Human Rights</span> 1969 international human rights instrument

The American Convention on Human Rights (ACHR), also known as the Pact of San José or by its Spanish name used in most of the signatory nations, Convención Americana sobre Derechos Humanos, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into force after the eleventh instrument of ratification was deposited on 18 July 1978.

The American Declaration of the Rights and Duties of Man, also known as the Bogota Declaration, was the world's first international human rights instrument of a general nature, predating the Universal Declaration of Human Rights by less than a year.

Some philosophers distinguish two types of rights, natural rights and legal rights.

Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.

Negative and positive rights are rights that oblige either inaction or action. These obligations may be of either a legal or moral character. The notion of positive and negative rights may also be applied to liberty rights.

<span class="mw-page-title-main">Right to education</span> Human right

The right to education has been recognized as a human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free, primary education for all, an obligation to develop secondary education accessible to all with the progressive introduction of free secondary education, as well as an obligation to develop equitable access to higher education, ideally by the progressive introduction of free higher education. In 2021, 171 states were parties to the Covenant.

The New York Bill of Rights is a constitutional bill of rights first enacted in 1787 as a statute, and then as part of the state's constitution in 1881 in the U.S. state of New York. Today, the New York Bill of Rights can be found in Article I of the New York State Constitution and offers broader protections than the federal Bill of Rights.

The right to development is a human right that recognizes every human right for constant improvement of well-being. It was recognized by the United Nation as an international human right in 1986.

The Permanent Assembly for Human Rights is an Argentine non-governmental human rights organization; founded in 1975. According to its official website the organization is the product of a "call from people coming from distinct areas: the church, politics, Human Rights, sciences, culture, and labour Argentines in response to the increasing violence and the collapse of the most elemental Human Rights in the country".

<span class="mw-page-title-main">Right to housing</span> Economic, social and cultural right

The right to housing is the economic, social and cultural right to adequate housing and shelter. It is recognized in some national constitutions and in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights. The right to housing is regarded as a freestanding right in the International human rights law which was clearly in the 1991 General Comment on Adequate Housing by the UN Committee on Economic, Social and Cultural Rights. The aspect of the right to housing under ICESCR include: availability of services, infrastructure, material and facilities; legal security of tenure; habitability; accessibility; affordability; location and cultural adequacy.

The Declaration of Human Duties and Responsibilities (DHDR) was written for reinforcing the implementation of human rights under the auspices of the UNESCO and the interest of the Office of the United Nations High Commissioner for Human Rights and was proclaimed in 1998 "to commemorate the 50th anniversary of the Universal Declaration of Human Rights (UDHR)" in the city of Valencia. Therefore, it is also known as the Valencia Declaration.

The right to Internet access, also known as the right to broadband or freedom to connect, is the view that all people must be able to access the Internet in order to exercise and enjoy their rights to freedom of expression and opinion and other fundamental human rights, that states have a responsibility to ensure that Internet access is broadly available, and that states may not unreasonably restrict an individual's access to the Internet.

The philosophy of human rights attempts to examine the underlying basis of the concept of human rights and critically looks at its content and justification. Several theoretical approaches have been advanced to explain how and why the concept of human rights developed.

<span class="mw-page-title-main">María Eugenia Rodríguez Palop</span>

María Eugenia Rodríguez Palop is a Spanish jurist, professor of Philosophy of Law at the Charles III University of Madrid (UC3M), specializing in human rights.

<span class="mw-page-title-main">Right to a healthy environment</span> Human right proposed by environmental groups

The right to a healthy environment or the right to a sustainable and healthy environment is a human right advocated by human rights organizations and environmental organizations to protect the ecological systems that provide human health. The right was acknowledged by the United Nations Human Rights Council during its 48th session in October 2021 in HRC/RES/48/13 and subsequently by the United Nations General Assembly on July 28, 2022 in A/RES/76/300. The right is often the basis for human rights defense by environmental defenders, such as land defenders, water protectors and indigenous rights activists.

The concept of human rights inflation describes the expansion of human rights claims, potentially diluting the significance of fundamental rights. Critics argue that this broadening of scope blurs the distinction between essential and non-essential rights, making it harder to enforce and protect core human rights. The term has been in use since the mid-20th century, reflecting concerns about the proliferation of rights claims and their impact on legal and social systems.

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.