DEFINITIONS AND
CLASSIFICATIONS
OF HUMAN RIGHTS
The definition of human
rights
O Human rights are commonly understood as
being those rights which are inherent in the
mere fact of being human.
O The concept of human rights is based on the
belief that every human being is entitled to
enjoy her/his rights without discrimination.
General characteristics of
human rights
O Inherent in all human beings by virtue of their
humanity alone (they do not have, e.g., to be
purchased or to be granted);
O Inalienable (within qualified legal
boundaries); and Equally applicable to all.
Responsibility of the
state
O the main duties deriving from human rights fall on
states and their authorities or agents, not on
individuals.
Necessity of human
rights
O human rights are viewed as a precondition for
leading a dignified human existence, they serve as a
guide and touchstone for legislation.
Relationship between the
individual and the state
O The specific nature of human rights, as an essential
precondition for human development, implies that they can
have a bearing on relations both between the individual and
the state, and between individuals themselves.
O The individual state relationship is known as the ‘vertical
effect’ of human rights. While the primary purpose of human
rights is to establish rules for relations between the individual
and the state, several of these rights can also have
implications for relations among individuals. This so-called
‘horizontal effect’.
The term of human
rights
O The term ‘human rights’, is used to denote a broad
spectrum of rights ranging from the right to life to the
right to a cultural identity. They involve all elementary
preconditions for a dignified human existence.
O These rights can be ordered and specified in different
ways. At the international level, a distinction has
sometimes been made between civil and political
rights, on the one hand, and economic, social and
cultural rights on the other
Difference between classic
and social rights
O One classification used is the division between
‘classic’ and ‘social’ rights. ‘Classic’ rights are often
seen to require the non-intervention of the state
(negative obligation), and ‘social rights’ as requiring
active intervention on the part of the state (positive
obligations).
O In other words, classic rights entail an obligation for
the state to refrain from certain actions, while social
rights oblige it to provide certain guarantees .
Examples of classic and
social rights
O Classic rights such as civil and political rights often require considerable
investment by the state. The state does not merely have the obligation to
respect these rights, but must also guarantee that people can effectively
enjoy them. Hence, the right to a fair trial, for instance, requires well-
trained judges, prosecutors, lawyers and police officers, as well as
administrative support. Another example is the organization of elections,
which also entails high costs.
O On the other hand, most ‘social’ rights contain elements that require the
state to abstain from interfering with the individual’s exercise of the
right. As several commentators note, the right to food includes the right
for everyone to procure their own food supply without interference.
Civil rights
O The term ‘civil rights’ is often used with reference to the rights
set out in the first eighteen articles of the UDHR, almost all of
which are also set out as binding treaty norms in the ICCPR.
From this group, a further set of ‘physical integrity rights’ has
been identified, which concern the right to life, liberty and
security of the person, and which offer protection from physical
violence against the person, torture and inhuman treatment,
arbitrary arrest, detention, exile, slavery .
O Although not strictly an integrity right, the right to equal
treatment and protection in law certainly qualifies as a civil
right. Moreover, this right plays an essential role in the
realization of economic, social and cultural rights .
Political rights
O In general, political rights are those set out in
Articles 19 to 21 of the UDHR and also
codified in the ICCPR. They include freedom
of expression, freedom of association and
assembly, the right to take part in the
government of one’s country, and the right to
vote and stand for election at genuine periodic
elections held by secret ballot.
Economic and social
rights
O The economic and social rights are listed in Articles 22 to 26
of the UDHR, and further developed and set out as binding
treaty norms in the ICESCR. These rights provide the
conditions necessary for prosperity and wellbeing.
O Economic rights refer, for example, to the right to property,
the right to work, which one freely chooses or accepts, the
right to a fair wage, a reasonable limitation of working
hours, and trade union rights. Social rights are those rights
necessary for an adequate standard of living, including rights
to health, shelter, food, social care, and the right to education
Cultural rights
O The UDHR lists cultural rights in Articles 27
and 28: the right to participate freely in the
cultural life of the community, to share in
scientific advancement, and the right to the
protection of the moral and material interests
resulting from any scientific, literary or artistic
production of which one is the author
Fundamental rights
O Fundamental rights are taken to mean such
rights as the right to life and the inviolability of
the person. Within the UN, extensive standards
have been developed which, particularly since
the 1960s, have been laid down in numerous
conventions, declarations and resolutions, and
which bring already recognized rights and
matters of policy which affect human
development into the sphere of human rights.
Basic rights
O Another approach is to distinguish a number of ‘basic rights’,
which should be given absolute priority in national and
international policy. These include all the rights which concern
people’s primary material and non-material needs. If these are not
provided, no human being can lead a dignified existence.
O Basic rights include the right to life, the right to a minimum level
of security, the inviolability of the person, freedom from slavery
and servitude, and freedom from torture, unlawful deprivation of
liberty, discrimination and other acts which impinge on human
dignity.
Freedoms
O Preconditions for a dignified human existence have often been
described in terms of freedoms (e.g., freedom of movement,
freedom from torture, and freedom from arbitrary arrest). United
States President Franklin D. Roosevelt summarized these
preconditions in his famous ‘Four Freedoms Speech’ to the
United States Congress on 26 January 1941:
O Freedom of speech and expression;
O Freedom of belief (the right of every person to worship God in
his own way);
O Freedom from want (economic understandings which will secure
to every nation a healthy peace-time life for its inhabitants);
O Freedom from fear (world-wide reduction of armaments)
Civil liberties
O The concept of ‘civil liberties’ is commonly known, particularly in
the United States, where the American Civil Liberties Union (a
non-governmental organization) has been active since the 1920s.
O Civil liberties refer primarily to those human rights which are laid
down in the United States Constitution: freedom of religion,
freedom of the press, freedom of expression, freedom of
association and assembly, protection against interference with
one’s privacy, protection against torture, the right to a fair trial,
and the rights of workers
Individual and collective
rights
O Although the fundamental purpose of human rights is the
protection and development of the individual (individual
rights), some of these rights are exercised by people in groups
(collective rights). Freedom of association and assembly,
freedom of religion and, more especially, the freedom to form
or join a trade union, fall into this category.
O The collective element is even more evident when human
rights are linked specifically to membership of a certain group,
such as the right of members of ethnic and cultural minorities
to preserve their own language and culture.
The invalidity of the defense of
interference in internal affaires
O In earlier times, whenever human rights violations were openly
condemned by third states, the authorities concerned countered
with references to ‘unacceptable interference in internal affairs’.
In more recent years, this argument has lost ground when human
rights are at stake.
O The Second World War constituted a turning point in the way the
international community regards its responsibility for the
protection of and respect for human rights. The long-standing
principle of state sovereignty vis-à-vis one’s nationals has in the
course of the years been eroded
Human rights is a matter of
international concern
O The UN Charter explicitly proclaimed human rights to be a matter of
legitimate, international concern: ‘[...] the United Nations shall promote [...]
universal respect for, and observance of, human rights and fundamental
freedoms for all without distinction as to race, sex, language or religion’
(Article 55); and ‘All Members pledge themselves to take joint and separate
action in co-operation with the Organization for the achievement of the
purposes set forth in Article 55.’ (Article 56).
O Thus, whether a state has accepted international human rights norms, laid
down in conventions, is relevant but not the only decisive factor: human
rights, as formulated in the UDHR, have become a matter of international
concern and do not fall within the exclusive jurisdiction of states
Inapplicability of military
means in human rights
O the fact that the principle of non-interference does not apply
to human rights questions does not mean that states may react
to human rights violations by making use of military means.
This could amount to a violation of the prohibition of use of
force, as laid down in the UN Charter (Article 2(4)).
O Some human rights experts claim that the United Nations
Security Council should decide that a certain human rights
situation poses a threat to international peace and security
and on the basis of that decision authorize military action for
humanitarian purposes, undertaken under the auspices of the
UN.
