Human Rights

Outline
Understanding Human Rights;
Human Rights Principles;
Characteristics of Human Rights;
History;
Human Rights dilemmas;
Evolution of Human Rights;
Human Rights protection;
Non Governmental Organizations;
Human Rights in Lebanon;

Thematic topics:
Children rights;
Equality;
Womens rights;
Democracy;
Citizenship;
Discrimination and xenophobia
Understanding Human Rights
What are Human Rights?
Human rights are rights inherent to all human
beings, whatever:
- our nationality,
- place of residence,
- sex,
- national or ethnic origin,
- colour,
- religion,
- language,
- or any other status.

We are all equally entitled to our human rights

without discrimination.
Why do we need rights?
Who is considered to be a human?
To understand human rights, we need to analyze it
Separately : Humans & Rights

HUMAN

RIGHTS
Who are humans?
Is it simply any person living?

Are (men & women) (black & white) (young & old)
(disabled or mentally retarded & genius) equally
considered as humans?

Can we consider someone who murders an old lady

or who rapes a child a human?
Humans are all persons living in this world:

Regardless of their race, religion, gender or nationality;

Regardless of their social standard or level of education;

Regardless of how good or bad they behave.

Do all humans have the same rights???

What is a right?
Right is a widely used term with various usages and
meanings.

Right, in a legal sense, is an entitlement:

o I have the right = I can do something
o I can benefit from something (sell, lease etc)
o If something is my right, than I can claim it before other
persons

Rights are protected by law and guaranteed by the

state.
 Every person is entitled to fundamental rights, simply by
the fact of being human. These are called human
rights rather than privileges.

They are rights because they are things you are

allowed to be, to do or to have.

These rights are there for your protection against

people who might want to hurt you. They are also there
to help us get along with each other and live in peace.
 Many people know something about their rights.
Generally they know they have the right to food and a
safe place to stay. They know they have a right to be
paid for the work they do.

But there are many other rights not well known

(discrimination, intolerance, injustice, inequality, etc.).
Human Rights principles
It is based on 2 key values: Dignity & Equality

1. Human dignity:

To be free from fear and need.

Respect for human needs which derives from his

human nature.

Ex: Need for food, health.

2. Equality: All humans are equal

Does it mean we should all study the same major, or

have the same color of the eyes or the same number
of children?

Equality is built on the basis of fundamental rights

associated with the nature of human beings,
everyone should have access to these rights without
discrimination.

Ex: Right to live, to health, to study, to work.

Some other values are related to those key values of
Human Dignity & Equality:

Freedom: not to be forced to do something (freedom of

expression, freedom of movement, freedom of
thoughts...);
Tolerance and Respect of the other: accept the
differences and respect of the individuality;
Non-discrimination: no judgment based on non-
substantial characteristics;
Justice: fair treatment for all humans;
Responsibility: respecting rights requires responsibility
for action.
Characteristics of Human rights

1. Universal

2. Indivisible, interdependent & interrelated

3. Inalienable


1. Universal:
Applied equally to all humans in all times regardless
where they live and what they do.
Everyone has the right to enjoy human rights without
discrimination because of race, color, sex, language,
religion, political or other affiliation, national or social or
other status.
Ex: I have the right to food or the life or health if
Im in France, Africa or in Lebanon.
All human beings are born free and equal in dignity
and rights.
2. Indivisible, interdependent & interrelated:

All rights are interlinked with each other, we can not

consider any right more important than the other.

Ex: Freedom of expression is related to freedom of

belief and related to political rights.

The right to study is associated with the right to work

and related to the right of having a family, etc.
3. Inalienable:

Can not be lost or purchased or borrowed because

they are linked to the very existence of humans.

But some rights can be suspended or prohibited for certain

reasons (Ex: A sentenced criminal in jail lose his political
and civil rights. Curfew imposed by the government
during strikes).
*
Non-derogable Rights:

the right to life,

the right to be free from torture and other
inhumane or degrading treatment or
punishment,
the right to be free from slavery or servitude,
the right to be free from retroactive application
of penal laws.
The history of Human Rights
Human Rights values are not an invention of the West nor
of the 20th century, it is present for centuries & rooted in
the different cultures & traditions.

Code of Hammurabi (Iraq 2000 B.C)

First written law which includes the concepts of justice,
goodness and peace

The Charter of Cyrus (Iran 570 BC)

Recognition of the right to liberty, security, freedom of
movement and some social and economic rights.
 Magna Carta and the Bill of Rights (UK 1215)
A result of the alliance of English nobles with the clergy
against the abuse of the power of King John I, who was
obliged to respect the law through the adoption of the Magna
Carta that constitute a fundamental guarantee of freedoms.
This document also laid to the principles of due process,
property rights and equality before the law.

The birth of the natural rights with philosophers in the

17th and 18th century (the rights are linked to the human being
as an independent value from religion or absolute monarchy).
 French Declaration of the Rights of Man and of
the Citizen (1789)
The downfall of the monarchy and the establishment of
the first French Republic. Identification of natural rights
such as freedom, safety and the right to own property and
equality before the law.

The United States Declaration of Independence,

Constitution and Bill of Rights (1791)
The British Colonies in North America proclaimed their
Independence from the British Empire in the United
States Declaration of Independence. Amendment of the
U.S. Constitution guarantying individual rights.
 Charter of the United Nations 1945
- The founding of the United Nations after the World War II
with a membership of more than 193 independent countries so
far.

- The UN Charter required that all Member States promote

"universal respect of human rights" and cooperates in order
to achieve this goal.

- This Charter includes fundamental human rights and the

respect of dignity and equality.
- Adoption of the Universal Declaration of Human Rights
by the UN General Assembly in 1948.
 The Universal Declaration of Human Rights
(10 December 1948)

- It is considered one of the most important

international declaration and most translated
document in the world.

- It consists of a preamble and 30 articles setting out

fundamental rights which includes civil, political,
economical, social and cultural rights.

Who is Charles Malek ???

 Charles Malik (1906 28 December 1987) was
a Lebanese philosopher and diplomat.

he helped to draft the Universal Declaration of

Human Rights.
Dilemmas and misuses of human rights
The simple existence of human rights does not mean that
the violations do not exist anymore. Could the protection
of human rights lead sometimes to the restriction of the
rights of others?

Conflict of rights:

Is it acceptable to restrict the rights of minorities in the

name of national security? If so, should there be any
limits?
 Cultural traditions:
Arranged marriages for young girlsShould such a
practice be banned in order to protect the young girls?
Or would that be failing to respect a different cultural
tradition?

Violations in the name of a good cause:

Can the defense of human rights be used to justify a
military campaign? (Iraq, Afghanistan, etc.).
The evolution of Human Rights

The international community recognized a number of

fundamental rights based on the evolution of the concept
in the global society.

This led to the development of human rights in a

chronological order known as the generations of
human rights.
I. First generation of rights (civil & political rights)

Originated in the 17th and 18th centuries and have two

Main ideas: Personal liberty and Protecting individuals
against violations by state.

Civil rights: right to life (not to be subjected to torture

or killing), freedom of expression, freedom of belief
and equality.

Political rights: participation in the life of the

community, the right to vote and the right to join
political parties, etc.
II. Second generation of rights (social, economic &
cultural rights)
Originated with the Industrial Revolution and the emergence
of the working class which led to new ideas on the meaning of
a decent living. It is mainly concerned on how people live,
work and if they are having the basic necessities in life.

Social rights (rights necessary to live in the community,

such as education, healthcare, found a family, etc.)

Economic rights (the right to work and the right to an

adequate standard of living and the right to housing, etc.)

Cultural rights (the right to participate in the cultural

life of the community).
III. Third generation of rights (collective rights)

The third generation focuses on the importance of

solidarity among human beings and the need to face the
challenges which are threatening the human existence.

It is based on the main ideas of solidarity and mutual

support, it consists of the following rights: Development,
peace, environment, etc.
Legal Protection
of human rights
We already know that human rights are
inalienable rights possessed by every human
being, but :

how can we access these rights?

Where can we find evidence that these rights
have been formally recognised by states?
How are these rights implemented?
International legal protection of human rights
They are recognized by intl agreement such as:
Conventions, Covenants or Declarations.
 40

Human rights systems OHCHR

ICCPR ICESCR

CERD CEDAW

UN Charter
CRC CAT
UDHR
HRC
Other CMW
International
Instruments Regional
Regimes

National
Protection
Systems
The International Bill of Human Rights:

Universal Declaration of Human Rights (UDHR), 1948

International Covenant on Economic, Social and
Cultural Rights (ICESCR), 1976
International Covenant on Civil and Political Rights
(ICCPR),1976
Optional Protocol to the ICCPR, 1976(communications
from individuals)
Second Optional Protocol to the ICCPR, aiming at the
abolition of the death penalty, 1989.
Specific conventions:
Treaty Treaty-body
International Covenant on Economic, Social Committee on Economic, Social and Cultural Rights
and Cultural Rights (CESCR)
International Covenant on Civil and Political Human Rights Committee (CCPR)
Rights
International Convention for the Elimination Committee on the Elimination of Racial
of all Forms of Racial Discrimination Discrimination (CERD)
Convention on the Elimination of all Forms of Committee on the Elimination of Discrimination
Discrimination against Women against Women (CEDAW)
Convention against Torture Committee against Torture (CAT)
Convention on the Rights of the Child Committee on the Rights of the Child (CRC)
Convention on the Protection of the Rights of Committee on Migrant Workers (CMW)
Migrant Workers
Convention on the Rights of Persons with Committee on the Rights of Persons with
Disabilities Disabilities (CRPD)
Convention on the Protection of all Persons Committee on Enforced Disappearances (CED)
from Enforced Disappearance
Activism and the role of NGOs

What is an NGO?

Non Governmental Organizations (NGOs) are non-political

and non-profit organizations, they constitute the civil
society.

NGOs could be social, charitable, religious, educational

or cultural organizations, while some of them
are specialized in human rights issues (Women, children,
people with special needs, environment, etc.).
They can have various forms and dimensions but all
human rights NGOs play a crucial role in:

Limiting human rights violations;

Offering direct assistance to victims;
Gathering information and write reports;
Lobbying and initiating campaigns;
Promoting human rights principles.
International NGOs
Amnesty International
Human Rights Watch
Save the Children

Lebanese NGOs
Lebanese Association for Human Rights
Permanent Peace Movement
Solida
Lebanese Association for Democratic Elections
Nahwa el Mouwatiniya
Arc en ciel
KAFA
Human Rights in Lebanon

Lebanese Constitution

Preamble B: Lebanon is Arab in its identity and in

its association. It is a founding and active member of the
League of Arab States and abides by its pacts and
covenants. Lebanon is also a founding and active
member of the United Nations Organization and
abides by its covenants and by the Universal
Declaration of Human Rights. The Government
shall embody these principles in all fields and areas
without exception.
 Preamble C: Lebanon is a parliamentary democratic
republic based on respect for public liberties,
especially the freedom of opinion and belief, and respect
for social justice and equality of rights and duties among
all citizens without discrimination.
 Chapter II. The Rights and Duties of the Citizen

Article 6 [Nationality]
Article 7 [Equality]
Article 8 [Personal Liberty]
Article 9 [Conscience, Belief]
Article 10 [Education, Confessional Schools]
Article 11 [Official National Language]
Article 12 [Public Office]
Article 13 [Expression, Press, Assembly, Association]
Article 14 [Home]
Article 15 [Property]
 Lebanon signed and ratified the main UN
conventions on human rights such as:

ICCPR (International Covenant on Civil and Political

Rights);
ICESCR (International Covenant on Economical, Social and
Cultural Rights);
CEDAW (Convention on the Elimination of All Forms of
Discrimination against Women);
CRC (Convention on the Rights of the Child).
CAT (Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment .

What does this mean?

Application of the Lebanese Constitution which has
guaranteed the respect of human rights

In compliance with Art. 2 Civil Procedure Law which

stipulates the supremacy of international conventions
over national laws in case of contradiction.

=
Implementation of the UN conventions ratified by
Lebanon
Current situation and the main human rights
violations:
Women citizenship rights;
Violence against women;
Migrant workers;
Refugees;
People with special needs;
Children and homelessness;
Child labor;
Education;
Security
Children

Do children have any rights? And do they need

extra rights?

Are you aware of any violations to the rights of

children? Examples???

What are the rights of children and how are they

protected?
Children
Some of the problems or violations children face
and which affect their basic rights are:

Children caught in wars and other conflicts

Death in cases which could have been avoided,
diseases and malnutrition
Child soldiers
Trafficking & Prostitution
Homelessness & Poverty
Illiteracy
Child labor
 Children
There are a number of treaties that are
concerned with the protection of children.

The most important of which is the Convention

on the Rights of the Child (CRC)
Adopted in 1989 and entered into force on September
2, 1990
Ratified by
It is the first compulsory international instrument in
this field
 Children
It has brought a lot of changes in the field of
protection of the rights of children:

It is the most widely ratified humans rights instrument

in the world

It promotes the participation of children in maters that

affect their destiny, protects them against all forms of
abuses, it provides for rights which are meant as
safeguards against potential violence

Considers children as subject of law and not object of

law
 Children

It has brought a lot of changes in the field of

protection of the rights of children:

The best interest of the child should be guide to all

decisions taken involving the child

CRC covers a wide range of fields in which the

rights of child should be respected
(administrative, judicial, educational, legal, etc.)
 Children

Do you know of any violations

in Lebanon or around you?
Citizenship
What do you understand under the term
Citizenship?

Who is a citizen?

What does this give him/her?

Is it an entitlement?
 Citizenship-1

We are mostly all citizens of one state of the

other

Our citizenship means that we enjoy certain

rights or privileges in those countries

Citizenship also imposes certain duties

But if citizens fulfill their obligations to the state

they should expect its protection.
 Citizenship 2

There is no agreement till this date what

citizenship means, even though the concept is
quite simple and is linked to a nation state and is
defined in terms of the laws of that nation => a
good citizen is a good patriot
 Citizenship 3
Historical conception of citizenship

Origin can be traced to ancient Greece. But not all

people were citizens. This concept was based on
the concepts of the citizen = the good citizen

The link between patriotism and citizenship was

based on the fact that the citizen was always tied
to a nation state
 Citizenship 4
The liberal view of citizenship emphasized the
importance of rights for all citizens

In the twentieth century the idea of social

citizenship was establishing itself => what to
expect from the state

The concept of multiple citizenship

New concept of citizenship is linked to education

since the citizens are not always born and need to
be created
 Citizenship 5
The link with human rights

Citizenship is related duties and these duties

should not violate human rights

The two immediate links are:

Good citizenship requires citizens to have respect for
human rights of others

Building societies that respect human rights imposes

another restriction on the way that individuals in
this society should behave
 Citizenship 6

Problems with citizenship

The problems are related to increasing citizens

involvement and participation in the process of
democratic society.

Other problems are related to citizens not

receiving full benefits of citizenship

Globalization is also a new problem including new

patterns of work and migration
Democracy
Demos = people

Kratos = power

Is this rule of the people possible?

Is it a good way of ruling?
Are the people always up to the standard?
 Democracy 1

Democracy is based on two main principles:

Individual autonomy

Equality

Other systems do exist but they violate those

principles
Oligarchy

Plutocracy

Dictatorship
 Democracy 2

There are also pragmatic reasons to justify

democratic
It provides a more efficient form of government

More acceptance by the people

Initiative and response are fostered by this system

Is this real or only a theory?

 Democracy 3
Control over law-making process

Are people actively contributing in the law-making

process?

According to the ideal model, people have some

control. It is expressed in the following:
Influence through choosing representatives
Re-election
Sending messages of displeasure
Engaging in consultations with politicians
Running for elections, if none is representing their interests
 Democracy 4

To have an active democracy, we need:

Free and fair elections

Accountability
Believing in accountability by politicians
Fear of punishment in coming elections
It also depends on the readiness of the electorate to
apply those sanctions. Thus there is a need to avoid
(1) apathy of citizens, and (2) governments elected
by minorities
 Democracy 5

In the real world we have many different

models of democracy:

Presidential and parliamentary

Federal or confederal or unitiry
With referenda
Involving more consultation with outside
organizations or not
Proportional voting system or majoritarian or
both
 Democracy 6

Problems of democracy

Low levels of citizen participation

Representation of minority interests

Discrimination & Xenophobia
What is discrimination?

Against what or who is their discrimination?

Xenophobia? Do you know what it means?

Do those terms have any relation to our life in

Lebanon???
 Discrimination & Xenophobia 1
Discrimination is not an easy term to define.
It can have a number of types:
Racial discrimination
Discrimination against women

Discrimination has some elements:

It has a cause
Is represented in certain actions
Followed by consequences and purposes
May be direct or indirect

Positive discrimination or affirmative action!!!

 Discrimination & Xenophobia 2

Xenophobia

It is the dislike to strangers or foreigners

It is a feeling based on socially construed images

or ideas and not on rational or objective facts

It reduces complex social and cultural phenomena

to simplistic good and bad scenarios

It is by itself not illegal => only its

manifestations might be illegal
 Discrimination & Xenophobia 3
Racism
It is the conscious or unconscious belief in the
superiority of a race over the other

Superior v. Inferior

It no longer presupposes the existence of races, the

new view of a race is a social concept

Historically, the idea was based on biological

differences. In modern times, racism is a cultural one
=> superior culture, civilization or religion
 Discrimination & Xenophobia 4
Racism

Power and its misuse are very related to racism. Thus,

racism can be understood as the practical translation
of prejudices into actions or forms of treatment of
others by those who hold power and who are therefore
in a position to carry those actions out.

It can be
Personal
Interpersonal
Institutional
Cultural
 Discrimination & Xenophobia 5
Anti-Semitism and Romaphobia
Jews
Roma

Disabled and Handicapped

Homophobia
Gay
Lesbian
Bi-sexual
Transgender

Religious discrimination
Muslims
Education
Is education necessary to us?

Do you see any influence for education on

human rights?

Are you less human if you are not educated?

WHAT ARE YOU DOING HERE?

 Education 1

It is on one hand a human right, and on the

other hand an indispensable means of realizing
other human rights!
It helps economically and socially marginalized
people out of poverty => a means to participate
fully in the community
Empowers women and safeguards children

IT IS THE BEST INVESTMENT A STATE CAN

MAKE
 Education 2
Many human rights documents have discussed
education:
The Universal Declaration on Human Rights

The Convention on the Elimination of All Forms of

Discrimination against Women

The Convention on the Rights of the Child

The International Covenant on Economic, Social

and Cultural Rights
As well as other treaties and conventions
 Education 3
A UNESCO commission has outlined 7 main
tensions facing the world and affecting education:

Tension between the global and the local

Tension between the universal and the individual
Tension between tradition and modernity
Tension between the spiritual and the material
Tension between long-term and short-term
considerations
Tension between competition and equal opportunities
Tension between extraordinary expansion of knowledge
and the capacity of human beings to assimilate it
 Education 4

UNESCO has highlighted four pillars of learning,

as a strategy that could help face these
challenges:

Learning to live together

It should strengthen the skills and abilities necessary

to accept others, to manage conflicts, to work and
plan with others, to respect diversity and to
participate actively in the community
 Education 5
Learning to know
To help students acquire instruments or tools of knowledge,
to gain broad and in-depth knowledge, to understand rights
and responsibilities and to learn how to learn

Learning to do
To acquire occupational skills and social and psychological
competences that will enable them to make decisions, to
function in social and work relationships

Learning to be
To contribute to developing the personality and enable
responsibility and aim at developing all aspects of potential
 Education 6

Globalization and Education

Globalization has liberalized trade and enabled

companies to shift operations and to avoid paying taxes
which also affected the long-term funding of education

This is proven in many countries and has led to

increasing skepticism in systems of education
 Education 7

If the children of primary school age were to receive

a good quality basic education lasting for a minimum
of four years, the problem of illiteracy would be
resolved in a single generation
Gender Equality

Do women have rights?

Do you really believe that they are equal?

Are there any differences between gender equality

and womens rights?

Should women have more rights?

 Gender Equality 1

Womens rights are used to emphasize the fact that

women are entitled to human rights simply because
they are human

Women Human Rights movement

HR principles womens movement

 Gender Equality 2

Gender equality is directed towards an equal

empowerment, participation and visibility of both
sexes in all spheres of public and private life

It is not to be thought of as the opposite of gender

difference but rather of gender inequality

It aims to promote the full participation of women

and men in society
 Gender Equality 3

Gender as a term is used to refer to socially-

constructed roles of women and men which are
attributed to them on the basis of their sex.
 Gender Equality 4
Examples of violations of womens rights

Domestic violence
The most common form of violence
Was regarded for many years as a private affair
Its a violation of HR, but also a criminal offense

Trafficking of women and girls

Female genital mutilation

Women caught in conflict areas

 Gender Equality 5

International instruments

Convention on the Elimination of All Forms of

Discrimination Against Women (CEDAW)

Optional Protocol to the CEDAW

Beijing Declaration