So what are human rights?
- Human Rights are the most fundamental entitlements of every person, from birth until death, regardless
of where they are from, any personal characteristic or membership or an organisation, but simply in
virtue of being human
What does this actually mean?
- There is no concrete answer …
- Are the following human rights?
The right to an abortion? Or does the foetus have a right to life?
- no a right per se, however there is a right to abortion on medical grounds… the question turns on when
does a life begin - something which judges are not keen to rule on
Right to vote?
- yes for citizens only, however some restrictions may be placed (for exampl, age or if you have
committed a crime)
Right to decide if you want to die?
- no, currently not recognised as a human right
Right to wearing religious symbols?
- yes, but the right may be limited
Righ to refuse vaccination?
- yes, but indirect measures may be placed
Right to same sex marriage?
- No - but some equal rights are required
Right for same sex couples to adopt children?
- Yes, an outcome of adoption cannot be based on the applicant's sexual orientation.
Do you think there is a consistent approach, which explains what is a right and what isn’t?
- take for example; same sex’s couples right to adopt children vs. The right to marry;
E.B. V France (2008)
- french nationals adoption application rejected, which she claimed was for reasons of her sexual
orientation. The court stated;
“Where sexual orientation is in issue, there is a need for particularly convincing and eighty reason to justify a
difference in treatment”
Kopf and Schalk v. Austria (2010)
- the appliants, a same sex couple, complained of the law in austria preventing them from marrying
- The court found that since majority of countries in Europe haven’t yet legalised same sex marriage
within their domestic jurisdictions, there is a lack of consensus on whether this should constitute a
human right
For the general definition, we clearly do not get a clear picture..
- the phrase human rights - gets thrown around a lot;
- “It’s my human right to smoke”
- “It’s my human right to own a phone”
- “It’s my human right to not wear a face mask”
Problem?
- Human Rights are the most fundamental entitlements of every person, from birth until death, regardless
of where they are from, any personal characteristic or membership or an organisation, but simply in
virtue of being human
What does this actually mean?
- There is no concrete answer …
- Are the following human rights?
The right to an abortion? Or does the foetus have a right to life?
- no a right per se, however there is a right to abortion on medical grounds… the question turns on when
does a life begin - something which judges are not keen to rule on
Right to vote?
- yes for citizens only, however some restrictions may be placed (for exampl, age or if you have
committed a crime)
Right to decide if you want to die?
- no, currently not recognised as a human right
Right to wearing religious symbols?
- yes, but the right may be limited
Righ to refuse vaccination?
- yes, but indirect measures may be placed
Right to same sex marriage?
- No - but some equal rights are required
Right for same sex couples to adopt children?
- Yes, an outcome of adoption cannot be based on the applicant's sexual orientation.
Do you think there is a consistent approach, which explains what is a right and what isn’t?
- take for example; same sex’s couples right to adopt children vs. The right to marry;
E.B. V France (2008)
- french nationals adoption application rejected, which she claimed was for reasons of her sexual
orientation. The court stated;
“Where sexual orientation is in issue, there is a need for particularly convincing and eighty reason to justify a
difference in treatment”
Kopf and Schalk v. Austria (2010)
- the appliants, a same sex couple, complained of the law in austria preventing them from marrying
- The court found that since majority of countries in Europe haven’t yet legalised same sex marriage
within their domestic jurisdictions, there is a lack of consensus on whether this should constitute a
human right
For the general definition, we clearly do not get a clear picture..
- the phrase human rights - gets thrown around a lot;
- “It’s my human right to smoke”
- “It’s my human right to own a phone”
- “It’s my human right to not wear a face mask”
Problem?
