Human rights
You are able to explain what a state is, and present its functions.
You are able to analyze certain types of political systems.
You are able to define what democracy is, and explain its fundamental principles.
You will be able to define human rights and explain where they originate fromoriginate from.
You will be able to analyze the various generations of human rights.
You will be able to classify and describe international human rights protection systems.
There is no one universally accepted definition of human rights. It may be accepted that „human rights are universal moral norms of a basic nature, attributed toattributed to each individual in his relations with the state. The concept of human rights is based on three assumptions: first, that every authority is limited; second, that each individual has a sphere of autonomy to which no authority has access; thirdly, that each individual may demand that the state protects his rights” (Source: W. Osiatyński, Introduction to the concept of human rights, [in:] School of Human Rights, Texts of lectures, n. 1, Warsaw 1998, p. 16).
It is evident that in this definition the emphasisemphasis was placed on recognizing human rights as a category of moral laws, not positive ones (stipulated by the state). This is extremely important, because it means that the state (the authorities) does not grant us human rights, but at mostat most confirms them in various documents. We have rights because we are human and they result from our humanity. Human rights are also defined as „freedoms, means of protection and benefits, whose observance as laws everyone should be able to demand from the society in which he lives” (Source: Encyclopedia of Public International Law, vol. 8, Amsterdam–New York–Oxford 1985, p. 268).
The source of human rights is human dignity. It is considered as an inherent and inalienable value of every human being. The principle of respect for human dignity has been confirmedconfirmed in many international documents, including in the Universal Declaration of Human Rights of 1948 and the Constitution of the Republic of Poland.
The Constitution of the Republic of PolandArticle 30
The inherent and inalienable dignity of the person shall constitute a source of freedoms and rights of persons and citizens. It shall be inviolable. The respect and protection thereof shall be the obligation of public authorities.
Source: The Constitution of the Republic of Poland.
The catalogue of basic rights and freedoms is available to everyone, regardless of their gender, race, religion or place of residence. However, we must remember that human rights are not only material (substantive) rights, such as the right to life, to education, freedom of speech, conscience, religion, but also formal (procedural) rights, allowing the individual to demand the exercise of his rights and freedoms. Without procedural rights enabling us to implement substantive rights, the material rights provided for in various documents are illusoryillusory.
Human rights:
material (substantive) – among others: right to life, to education, freedom of speech, conscience, religion
formal (procedural) – procedures and mechanisms that allow us to enforce our rights and freedoms
Human rights regulate the relations between an individual and a state, at the same time delimiting the limits of power in a democratic society (vertical plane). There is a growing view that human rights also apply to relations between individuals (horizontal plane). An example may be the child‑parents relationship. Rights and freedoms protect the most important values, which include: freedom, equality and dignity.
The Great Charter of Liberties (Magna Charta Libertatum) of 1215 is considered the beginning of British democracy. However, it must not be forgotten that it was established 800 years ago and what we now call „human rights” was then the privilegeprivilege of only the highest social strata. The document did not grant full rights to women, and people were divided into aristocracy, clergyclergy, free and non‑free.
The Declaration of the Rights of the Man and of the Citizen of 1789 ended the abusive times of absolute monarchy in France and was a great achievement in the field of human rights. However, it was not perfect and did not include women's rights. Therefore, in 1791, the French forerunnerforerunner of feminism, Olimpia de Gouges, published the Declaration on the Rights of the Woman and the Citizen.
The catalogue of rights and freedoms we currently have can be divided into three generations (families). They were created as a result of the evolution of the concept of protection of human rights.
The generations of human rights
The first generation
It includes fundamental, personal and political rights and freedoms. They have been enshrined in numerous documents of national and international law. The first generation rights protection has the longest tradition, since it has already begun in the times of Enlightenment.
The second generation
It includes economic, social and cultural rights. The first regulations regarding the protection of this generation of rights appeared in the social legislation of Western European countries at the end of the 19th century. This generation developed later than personal and political rights and freedoms and refers to the material sphere and the level of participation in the use of material goods by individual members of the community. The division into economic, social and cultural rights is contractual. Economic rights give each individual the opportunity to participate in market mechanisms and enable them to be the subject of the market game (a special role belongs to the right of ownership). Social rights are primarily intended to protect from social exclusion the individuals who are unable to function independently. Cultural rights, on the other hand, allow for participation in the use of cultural goods and influence the spiritual and intellectual development of individuals. Implementation of the second generation rights is usually associated with the provision of various types of benefits by the state. Second generation rights, like the first, are recorded in national and international law. However, they are protected to a smaller degree when compared to first generation rights, because their implementation depends on the level of economic development and the model of social policy preferred by the state.
The third generation
It is the so-called collective rights (also called solidarity or group rights). In contrast to the laws of the first and the second generation, collective rights are only confirmed in non-binding declarations. They are also different from the previous generations, because of the solidarity dimension (the first two generations are based on the concept of individual rights, assigned to individuals, not groups). For this reason, some researchers are against counting collective rights in the category of human rights. Other researchers emphasize that solidarity rights should be understood as the rights that people have in their relations with the international community. The strongest supporters of collective rights in the United Nations' forum are the developing countries.
Find out how familiar you are with the theory of human rights. Match each generation with the types and examples of rights.
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Third
|
Collective (solidarity rights)
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– non-discrimination
– right to life – freedom of assembly and association – right to access public information – right to participate in public life |
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First
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Fundamental, personal and political
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– right to work
– right to remuneration – right to health and healthcare – right to education – artistic freedom |
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Second
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Economic, social and cultural
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– right of nations to self-determination
– right to development – right to peace – right to clean environment – right to humanitarian aid |
The system of protection of human rights can be defined in two ways: legal and institutional. In the legal sense, it is a set of legal norms regulating issues related to the protection of human rights; in the institutional sense – it is a set of bodies responsible for the implementation and control of the adopted standards. Systems for the protection of human rights can be divided into national and international. International systems include: universal, regional and specialized.
National systems are the most important for the protection of human rights. The state is primarily responsible for the implementation of fundamental rights and freedoms. It creates legal norms that confirm the catalogue of human rights, has means of coercion to enforce these rights and appoints institutions guarding them. Ombudsmen, courts, and personal data protection officers are examples of institutions of particular importance for the protection of human rights.
International systems for the protection of human rights were created only after the second world war. A universal system was created within the framework of the United Nations. It covers almost all modern countries. In addition to the universal system, regional and specialized systems operate. Regional human rights protection systems are complementarycomplementary to the universal system. ThusThus, the documents (conventions, declarations) adopted within them constitute a kind of development, and sometimes duplication, of the norms adopted at the UN. In practice, however, regional regulations often have a higher standard of protection and better control mechanisms. The most developed system among regional systems is the European system. It consists of as many as three organizations: the Council of Europe, the European Union and the Organization for Security and Cooperation in Europe. In this system, the best control mechanisms were also adopted. The activity of the European Court of Human Rights is of particular importance. Specialized systems operate to protect certain categories of rights or groups of people. These include, for example: the International Red Cross and Red Crescent Movement – specializing in humanitarian law, the International Labor Organization – dealing with labor law or the United Nations International Children's Emergency Fund – UNICEF – acting for the rights of children.
Read or listen to an excerpt from the Convention on the Rights of the Child, and then write down the rights this document guarantees.
Convention on the Rights of the Child
Article 8
1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.
Article 12
States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.
Article 13
The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice.
Article 14
States Parties shall respect the right of the child to freedom of thought, conscience and religion.
Article 15
States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly.
Article 16
No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.
Over the course of history, human rights have evolved, resulting in three generations of human rights. After 1945, international systems for the protection of human rights also developed. Today, we recognize that human rights are universal, belong to each individual and serve to protect human dignity.
Listen to the abstract recording to review the material and new vocabulary. Then do the vocabulary exercise. Match the pairs: English and Polish words.
przywilej, przedsięwziąć, kler, duchowieństwo, przekazywać, wywodzić się z, odwołany, uchylony, prekursor, samostanowienie
| to originate from | |
| to undertake | |
| forerunner | |
| revoked | |
| self-determination | |
| privilege | |
| clergy | |
| to impart |
Keywords
human rights, generations, dignity, Convention on the Rights of the Child, Ombudsman for Children's Rights, Universal Declaration of Human Rights, material/formal human rights, Great Charter of Liberties, Declaration of the Rights of the Man and of the Citizen, fundamental/personal/political rights and freedoms, economic/social/cultural human rights, collective (solidarity) rights, system for the protection of human rights
Glossary
wywodzić się z
przedsięwziąć
przekazywać
odgórny, narzucony
telefon zaufania
przypisany
nacisk
potwierdzać
co najwyżej
wyposażony
iluzoryczne, nierzeczywiste, złudne
przywilej
kler, duchowieństwo
prekursor
odwołany, uchylony
przyjęty, objęty
Oświecenie
umowny
wykluczenie społeczne
duchowy
niewiążący
wypoczynek
samostanowienie
uzupełniający
dlatego