San Sebastian College Recoletos Manila

College of Law
Human Rights

SCOPE OF HUMAN RIGHTS

SUBMITTED TO:
Atty. Jose C. Montemayor, Jr., M.D., LL.M., MBA

SUBMITTED BY:
Basbas, Daryll Ian
Butardo, Glenn
Equiza, Janil Jay
Marasigan, Gian Jose
Ramos, Christian Ador
Tan, John Lester
 HUMAN RIGHTS

Human rights are universal legal guarantees protecting individuals and groups
against actions and omissions that interfere with fundamental freedoms, entitlements
and human dignity. Human rights are inherent in all human beings and are founded on
respect for the dignity and worth of each person. They stem from cherished human
values that are common to all cultures and civilizations. Human rights have been
enshrined in the Universal Declaration of Human Rights and codified in a series of
international human rights treaties ratified by States and other instruments adopted after
the Second World War. There are also regional human rights instruments, and most
States have adopted constitutions and other laws that formally protect basic human
rights and freedoms. While international treaties and customary law, together with
interpretive practice by treaty organs, form the backbone of international human rights
law, other non-binding instruments such as declarations, guidelines and principles
adopted at the international level contribute to its understanding, implementation and
development.
 THE SCOPE OF HUMAN RIGHTS

In their contemporary manifestation, human rights are a set of individual and

collective rights that have been formally promoted and protected through international
and domestic law since the 1948 Universal Declaration of Human Rights. Arguments,
theories, protections, and violations of such rights, however, have been in existence for
much longer but since the Universal Declaration, the evolution of their express legal
protection has grown rapidly. Today, the numerous international treaties on human rights
promulgated since the Universal Declaration to which an increasingly large number of
nation states are a party define the core content of human rights that ought to be
protected across categories of civil, political, economic, social, and solidarity rights.

The collection of human rights protected by international law draws on a longer of

tradition of rights from philosophy, history, and normative political theory and now
includes three sets, or categories of rights that have become useful shortcuts for talking
about human rights among scholars and practitioners in the field, and will be used
throughout the remainder of this paper. These three categories are: (1) civil and political
rights, (2) economic, social, and cultural rights, and (3) solidarity rights. It has been
typically understood that individuals and certain groups are bearers of human rights,
while the state is the prime organ that can protect and/or violate human rights.
 CIVIL & POLITICAL RIGHTS

Civil and political rights uphold the sanctity of the individual before the law and
guarantee his or her ability to participate freely in civil, economic, and political society.
Civil rights include such rights as the right to life, liberty, and personal security; the right
to equality before the law; the right of protection from arbitrary arrest; the right to the
due process of law; the right to a fair trial; and the right to religious freedom and
worship. When protected, civil rights guarantee one's 'personhood' and freedom from
state-sanctioned interference or violence. Political rights include such rights as the right
to speech and expression; the rights to assembly and association; and the right to vote
and political participation. Political rights thus guarantee individual rights to involvement
in public affairs and the affairs of state. In many ways, both historically and theoretically,
civil and political rights have been considered fundamental human rights for which all
nation states have a duty and responsibility to uphold. They have also been seen as so-
called negative rights since they merely require the absence of their violation in order
to be upheld.

Civil and political rights are rights that permit people live in freedom and liberty:
they include the right to life; the right not to be tortured, enslaved or required to perform
forced labour; the right to liberty and security of person, including freedom from arbitrary
arrest or detention, the right to be equal before the courts and tribunals and the right to
a fair trial; freedom of thought, conscience, religion and expression, opinion, assembly
and association, as well as the right to vote; and the rights to equality and self-
determination. These rights are enshrined in various international documents, such as
the Universal Declaration of Human Rights (1948) and the International Covenant on
Civil and Political Rights (ICCPR) (1966).

Civil and political rights are the rights that generally restrict the powers of the
government in respect of actions affecting the individual and his or her autonomy (civil
rights), and confer an opportunity upon people to contribute to the determination of laws
and participate in government (political rights). These rights guarantee the positive
liberty to contribute to the process of governing the affairs of society in which one lives.
Political rights presume that the government processes should be structured so as to
provide opportunities for political participation of all eligible citizens. According to the
modern concept of political rights, every citizen should have the right and opportunity,
without unreasonable restrictions, to take part in the conduct of public affairs, directly or
through chosen representatives.

Civil Rights include the Right to Life, the Right to a Fair Trial, the Right to a
Freedom of Assembly & Association, the Right to Freedom of Expression, the Right to
privacy, and the Right to Liberty & Security.

RIGHT TO LIFE. Everyone has the right to life, and - according to the
international human rights mechanisms - this right can be violated in a variety of ways,
including: deaths in custody as a result of torture, neglect, the use of force, or life-
threatening conditions of detention; killings by state agents, or persons acting in direct
or indirect compliance with the State, when the force used is not absolutely necessary
and proportionate to the circumstances; expulsion or "refoulement" (illegal return) of
persons to a country where their lives are in danger; failure by the state to investigate
alleged violations of the right to life and to bring those responsible to justice.

RIGHT TO A FAIR TRIAL. Everyone has the right to a fair trial, and - according
to the international human rights mechanisms - this right can be violated in a variety of
ways, including by: hearing criminal charges before administrative bodies which are not
independent and impartial courts; trials in which, from the beginning, one party has a
significant advantage over the other which is said to breach the principle of "equality of
arms"; excessive delays in bringing a case to trial and/or in completing court
proceedings; secret trials; failing to respect the presumption of innocence by denying
procedural protection to accused persons such as information about the nature of the
charge, time to prepare a defense, access to a lawyer, the possibility to confront
witnesses and (if necessary) access to interpretation.

RIGHT TO FREEDOM OF ASSEMBLY & ASSOCIATION. Everyone has the

right to freedom of assembly and association. According to the international human
rights mechanisms, this right can be violated in a variety of ways, including: preventing
peaceful public demonstrations unless it can be shown that there would be a serious
danger to public safety and order if the demonstration took place; restricting possibilities
to join voluntary associations; denying persons the right to form and/or join organized
unions.

RIGHT TO FREEDOM OF EXPRESSION. Everyone has the right to freedom of

expression, and - according to the international human rights mechanisms - this right
can be violated in a variety of ways, including by: restricting access to political, artistic or
commercial information and ideas such as denying pregnant women information about
abortion facilities; limiting the freedom of the press; placing undue restrictions excluding
reasonable licensing restrictions on broadcasting.

RIGHT TO PRIVACY. Everyone has the right to privacy, and - according to the
international human rights mechanisms - this right can be violated in a variety of ways,
including by: intervening in a person's private life which includes their right to form
relationships and to enjoy sexual autonomy; disrupting family life which includes the
right to marry and to found a family; destroying a person's home or preventing a person
from living in his/her home; interfering with private correspondence.

RIGHT TO LIBERTY & SECURITY. Everyone has the right to liberty and security
and - according to the international human rights mechanisms - this right can be
violated in a variety of ways, including: unlawful or arbitrary detention where there is no
legal basis for the deprivation of liberty, for example when a person is kept in detention
after the completion of their prison sentence or despite an amnesty law which applies to
them; detention of persons because they have exercised the rights and freedoms
guaranteed by international instruments, including the ones described in this manual;
detention after a trial which did not comply with international standards for a fair trial.
 SOCIAL & ECONOMIC RIGHTS

Social and economic rights include such rights as the right to a family; the right to
education; the right to health and well-being; the right to work and fair remuneration; the
right to form trade unions and free associations; the right to leisure time; and the right to
social security. When protected, these rights help promote individual flourishing, social
and economic development, and self-esteem. Cultural rights, on the other hand, include
such rights as the right to the benefits of culture; the right to indigenous land, rituals,
and shared cultural practices; and the right to speak one's own language and mother
tongue education. Cultural rights are meant to maintain and promote sub-national
cultural affiliations and collective identities, and protect minority communities against the
incursions of national assimilationist and nation-building projects. In contrast to the first
set of rights, this second set of social, economic, and cultural rights is often seen as an
aspirational and programmatic set of rights that national governments ought to strive to
achieve through progressive implementation. They have thus been considered less
fundamental than the first set of rights and are seen as positive rights whose realization
depends heavily on the fiscal capacity of states.

Social and economic rights are human rights that are based on principles of
dignity and freedom. Both are severely compromised when human beings cannot meet
their fundamental needs. Economic and social rights guarantee that every person be
afforded conditions under which they are able to meet their needs.

Economic and Social rights include the Right to Education, the Right to Food, the
Right to Health, the Right to Housing, the Right to Social Security, and the Right to
Work.

RIGHT TO EDUCATION. It enables all persons to participate effectively in a free

society and is directed to the full development of the human personality.

RIGHT TO FOOD. It guarantees freedom from hunger and access to safe and
nutritious food.
 RIGHT TO HEALTH. It ensures the highest attainable standard of physical and
mental health including access to care, nutrition, and clean water and air.

RIGHT TO HOUSING. It ensures access to a safe, secure, habitable, and

affordable home with freedom from forced eviction.

RIGHT TO SOCIAL & SECURITY. It guarantees that everyone regardless of age

or ability to work has the means necessary to procure basic needs and services.

RIGHT TO WORK. It guarantees the opportunity to have fulfilling and dignified

work under safe and healthy conditions with fair wages affording a decent living for
oneself and one's family. It also provides for freedom from unemployment and the right
to organize.
 SOLIDARITY RIGHTS

Solidarity rights, which include rights to public goods such as development and
the environment, seek to guarantee that all individuals and groups have the right to
share in the benefits of the earth's natural resources, as well as those goods and
products that are made through processes of economic growth, expansion, and
innovation. Many of these rights are transnational in that they make claims against
wealthy nations to redistribute wealth to poor nations, cancel or reduce international
debt obligations, pay compensation for past imperial and colonial adventures, reduce
environmental degradation, and help promote policies for sustainable development. Of
the three sets of rights, this final set is the newest and most progressive and reflects a
certain reaction against the worst effects of globalization, as well as the relative
effectiveness of 'green' political ideology and social mobilization around concerns for the
health of the planet. Dimensions of Human Rights The distinction between these sets of
rights follows the historical struggle for them, the appearance of the separate
international instruments that protect them, the philosophical arguments concerning
their status, and the methodological issues surrounding their measurement. But
significant sections of the human rights community have challenged these traditional
distinctions between generations of human rights and have sought to establish the
general claim that all rights are indivisible and mutually reinforcing, a sentiment that
found formal expression in the 1993 Vienna Declaration and Programme of Action.
Such a challenge suggests that it is impossible to talk about certain sets of human rights
in isolation, since the protection of one right may be highly contingent on the protection
of other rights. For example, full protection of the right to vote is largely meaningless in
societies that do not have adequate health, education, and social welfare provision,
since high rates of illiteracy and poverty may mean the de facto disenfranchisement of
large sectors of the population. Equally, those interested in combating torture need to
examine possible underlying socio-economic, cultural, and organizational reasons for
the practice of torture, which themselves may rely on the variable protection of other
human rights. This human rights challenge also suggests that there is a false dichotomy
between negative and positive rights that tends to privilege civil and political rights over
economic and social rights, since the protection of the former appears less dependent
on state resources than the latter. One response to this false dichotomy is to claim that
all rights are positive since the full protection of all categories of human rights ultimately
relies on the relative fiscal capacity of states.

Solidarity Rights include the Right to Peace and the Right to Clean Environment.

RIGHT TO PEACE. Under the Declaration on the Right of Peoples to Peace as

approved by the UN General Assembly, it is the sacred duty of the state in recognizing
the maintenance of a peaceful life for people to (1) Solemnly proclaims that the peoples
of our planet have a sacred right to peace; (2) Solemnly declares that the preservation
of the right of peoples to peace and the promotion of its implementation constitute a
fundamental obligation of each State; (3) Emphasizes that ensuring the exercise of the
right of peoples to peace demands that the policies of States be directed towards the
elimination of the threat of war, particularly nuclear war, the renunciation of the use of
force in international relations and the settlement of international disputes by peaceful
means on the basis of the Charter of the United Nations; and (4) Appeals to all States
and international organizations to do their utmost to assist in implementing the right of
peoples to peace through the adoption of appropriate measures at both the national and
the international level.

RIGHT TO CLEAN ENVIRONMENT. Every human has a right to live in a clean and
healthy environment. This is a general right which is inalienable. Many constitution all
over the world has guaranteed a healthy environment and they also take appropriate
measures to prevent any kind of environmental harm so as to maintain a healthy
environment. They not only prevent any kind of environmental destruction but also aim
to preserve the nature and its natural resources. The Stockholm Declaration was the
first international conference on human environment held on 1972 which emphasis on
right to healthy environment. Principle 1 of the Stockholm Declaration established a
foundation for linking human rights and environmental protection, declaring that man
has a fundamental right to freedom, equality and adequate conditions of life, in an
environment of a quality that permits a life of dignity and well-being. The resolution
called for enhanced efforts towards ensuring a better and healthier environment.
Furthermore, There are two basic conceptions of environmental human rights in the
current human rights system. They are the right to a healthy or adequate environment is
itself a human right and the idea that environmental human rights can be derived from
other human rights, usually the right to life, the right to health, the right to private
family life and the right to property. Some of the principles of the said Stockholm
Declaration includes that (1) Human rights must be asserted, apartheid and colonialism
condemned; (2) Natural resources must be safeguarded (3) The Earths capacity to
produce renewable resources must be maintained; (4) Wildlife must be safeguarded; (5)
Non-renewable resources must be shared and not exhausted; (6) Pollution must not
exceed the environments capacity to clean itself; (7) Damaging oceanic pollution must
be prevented; and (8) Development is needed to improve the environment.
 SCOPE OF HUMAN RIGHTS IN TODAYS WORLD:

COSMOPOLITANISM vs. COMMUNITARIANISM

Cosmopolitan thinkers such as Charles Beitz argue that human rights must be
universal in terms of their scope and applicability. They apply to all human beings
regardless of nationality, class, gender and ethnicity. At the same time, state boundaries
cannot (and should not) limit the applicability of such rights because they are inherently
arbitrary and most people do not have the opportunity to choose their citizenship. It is
strictly a matter of good or bad luck that determines whether individuals are born into a
wealthy and secure country, or into a poor and unstable one. Hence, Beitz argues, the
moral standing of any particular state depends on its domestic institutions i.e.,
whether or not they protect the human rights of their citizens.

In contrast, communitarians such as Michael Walzer contend that factors such as

the self-determination of communities should take priority over the application of
supposedly universal human rights. The communitarians further attach considerable
value to state boundaries and sovereignty as needed tools that protect communities
from predatory forms of outside interference. But just who and what are you protecting,
critics might ask. A significant flaw within the communitarian approach is that borders
are often arbitrary and by no means reflect the actual religious and cultural affinities of
the people who live within them. This is especially the case with former Great Power
colonies in the Middle East, Sub-Saharan Africa and Asia. As a result of imperial land-
grabs and lines drawn in the sand, there are many post-colonial states in which one
ethnic grouping wields disproportionate and rights-violating power over another. And
there are also many state boundaries that cut across cultures and communities. Finally,
and in contrast to the tidy opposition described above, there are communitarian thinkers
such as David Miller who try to apply universal human rights to their arguments, even if
they do it thinly. While Miller emphasizes that notions of justice vary across societies (a
communitarian position), his own conception of global justice is sufficiently strong that it
pays due respect to the idea of world-wide human rights (a cosmopolitan position). So,
it may be argued that at least some communitarians and cosmopolitans have arrived at
a consensus i.e., a consensus that believes in protecting distinct cultural norms and
practices, but only if they do not violate the basic human rights of any individual,
regardless of however broadly those are defined.
 SOURCES:

http://www.lawyersclubindia.com/articles/Right-to-Clean-Environment-
5099.asp#.VsILyvJ96hc

http://www.ohchr.org/EN/ProfessionalInterest/Pages/RightOfPeoplesToPea
ce.aspx

https://en.wikipedia.org/wiki/Human_rights

https://www.nesri.org/human-rights/economic-and-social-rights

http://rightnow.org.au/writing-cat/article/individual-rights-and-solidarity/

http://www.lincoln.edu/criminaljustice/hr/Civilandpolitical.htm

http://www.asf.be/action/asf-programmes/civil-and-political-rights/

http://www.dhnet.org.br/direitos/indicadores/experiencias_mundo/landman
_hr_indicators.pdf

http://www.isn.ethz.ch/Digital-Library/Articles/Special-Feature/Detail/?
lng=en&id=136052&contextid774=136052&contextid775=136051&tabid=136051