What are human rights?
Hoorcollege week 2
What are human rights?
HR (global) refers to the concept of human beings as having universal rights
regardless of legal jurisdiction or other distinguishing feature such as
nationality or gender.
They set minimum standards but also carry the promise of freedom, justice
and world peace.
The Universal Declaration of Human Rights (UDHR 1948) sets out the basic
rights and freedoms that apply to all people (thought of as foundation for HR).
Is this a binding instrument?
No,
However, most of these rights have been used in other
Can we clearly define human rights in law?
Yes: by reference to existing HR instruments & practices (which instruments
are HR? Is genocide and crimes against humanity HR?) →Neumann trials
No: It's a complex, interrelated and evolving system, and some HR are merely
aspirational (so perhaps not law?)
NB Interrelated with International Humanitarian Law (armed conflict) and
International (Customary) Law.
Four Characteristics of Human Rights
Inherent - rights we have simply bc we are human beings (intrinsic)
Universal -not dependent upon where you are or what your nationality is
Indivisible - must be enjoyed by everyone in full range
What are human rights? 1
, Inalienability - can’t be taken away or transferred (but can be limited when the
exercise is contrary to the rights of others).
Not all rights are absolute
Different categories of human rights
1. Civil rights (e.g. right to a name, right to equality)
2. Political rights (e.g. vote, free elections, freedom of expression)
3. Cultural rights (e.g. right to take part in the cultural life)
4. Social rights (e.g. right to social welfare, minimum existence)
5. Economic rights (e.g. right to work)
Different categories of human rights
Civil & Political rights
1st generation HR, fundamental, inalienable (cannot be taken away).
Cultural rights, Social rights, Economic rights
2nd generation HR, aspirational
Environmental rights
3rd generation HR, limited recognition
Human Rights definition
Human rights are:
the minimum set of goods, services, opportunities, and protections that are
widely recognized today as essential prerequisites for a life of dignity, and
a particular set of practices to realize those goods, services, opportunities,
and protections, and
modelled for a world of individuals in capitalist nation-states
What are human rights? 2
, Rights
“Human rights . . . are literally the rights that one has because one is human”
“To have a right to x is to be entitled to x”
Rights are about interests (e.g. bodily integrity) or freedoms (e.g. freedom of
speech)
These correspond to active and passive rights
Individual rights entail: 1. a community 2. duties
Rights empower: they trump
Possession Paradox & Weapons of the Weak
Possession paradox; having (human) rights, but not having (legal) rights: one
has the rights but cannot enjoy it
Privileged people usually don’t think about their (human) rights, stateless
people a lot
“Possession paradox”: having (human) rights, but not having (legal) rights: one
has the right, but cannot enjoy it
Human and moral rights versus contractual and legal/citizen rights
“No law exists for them,” “Nobody even wants to oppress them,” meaning
stateless people (Arendt, The Origins of Totalitarianism)
But also: you can claim human rights without having legal rights
HR are “weapons of the weak” and help people stand up to their governments
What Comes First: Humans or Human Rights?
Rights create a particular social and political situation: the difference between
being protected and the right to be protected
Human Rights also create a particular human being: “human rights constitute
individuals as a particular kind of political subject” and they “constitute states of a
What are human rights? 3
, particular kind.”
“Human rights are less about the way people are than about what they might
become.”
Human Rights and Social Justice
HR is one project for a “good society”, but there are others.
Examples?
(socialist) revolution, (Christian) charity, moral duty, Tiānxià 天下, faith in God
The Complex Role of the State
Human rights need to be implemented by states
“Human rights regimes”: supervisory mechanisms to monitor relations
between states and citizens. (e.g., European HR Regime)
Sovereignty: states have supreme authority within their territory – except in
the case of genocide
States are human rights’ “principal violator and essential protector”
HR conventions (and changes) need state ratification to become binding upon
the state.
Signature means to express an intent to become bound by the treaty but it is
not yet binding upon the state
Ratification/accession is consent of the state to be bound
After ratification the state is bound by the treaty but how does it work in the
national setting? (depends upon national law)
Ex: Denmark
Summary law perspective on HR
Directed against the legal norm (validated in recognized legal sources and
legal hierarchy of norms).
What are human rights? 4
Hoorcollege week 2
What are human rights?
HR (global) refers to the concept of human beings as having universal rights
regardless of legal jurisdiction or other distinguishing feature such as
nationality or gender.
They set minimum standards but also carry the promise of freedom, justice
and world peace.
The Universal Declaration of Human Rights (UDHR 1948) sets out the basic
rights and freedoms that apply to all people (thought of as foundation for HR).
Is this a binding instrument?
No,
However, most of these rights have been used in other
Can we clearly define human rights in law?
Yes: by reference to existing HR instruments & practices (which instruments
are HR? Is genocide and crimes against humanity HR?) →Neumann trials
No: It's a complex, interrelated and evolving system, and some HR are merely
aspirational (so perhaps not law?)
NB Interrelated with International Humanitarian Law (armed conflict) and
International (Customary) Law.
Four Characteristics of Human Rights
Inherent - rights we have simply bc we are human beings (intrinsic)
Universal -not dependent upon where you are or what your nationality is
Indivisible - must be enjoyed by everyone in full range
What are human rights? 1
, Inalienability - can’t be taken away or transferred (but can be limited when the
exercise is contrary to the rights of others).
Not all rights are absolute
Different categories of human rights
1. Civil rights (e.g. right to a name, right to equality)
2. Political rights (e.g. vote, free elections, freedom of expression)
3. Cultural rights (e.g. right to take part in the cultural life)
4. Social rights (e.g. right to social welfare, minimum existence)
5. Economic rights (e.g. right to work)
Different categories of human rights
Civil & Political rights
1st generation HR, fundamental, inalienable (cannot be taken away).
Cultural rights, Social rights, Economic rights
2nd generation HR, aspirational
Environmental rights
3rd generation HR, limited recognition
Human Rights definition
Human rights are:
the minimum set of goods, services, opportunities, and protections that are
widely recognized today as essential prerequisites for a life of dignity, and
a particular set of practices to realize those goods, services, opportunities,
and protections, and
modelled for a world of individuals in capitalist nation-states
What are human rights? 2
, Rights
“Human rights . . . are literally the rights that one has because one is human”
“To have a right to x is to be entitled to x”
Rights are about interests (e.g. bodily integrity) or freedoms (e.g. freedom of
speech)
These correspond to active and passive rights
Individual rights entail: 1. a community 2. duties
Rights empower: they trump
Possession Paradox & Weapons of the Weak
Possession paradox; having (human) rights, but not having (legal) rights: one
has the rights but cannot enjoy it
Privileged people usually don’t think about their (human) rights, stateless
people a lot
“Possession paradox”: having (human) rights, but not having (legal) rights: one
has the right, but cannot enjoy it
Human and moral rights versus contractual and legal/citizen rights
“No law exists for them,” “Nobody even wants to oppress them,” meaning
stateless people (Arendt, The Origins of Totalitarianism)
But also: you can claim human rights without having legal rights
HR are “weapons of the weak” and help people stand up to their governments
What Comes First: Humans or Human Rights?
Rights create a particular social and political situation: the difference between
being protected and the right to be protected
Human Rights also create a particular human being: “human rights constitute
individuals as a particular kind of political subject” and they “constitute states of a
What are human rights? 3
, particular kind.”
“Human rights are less about the way people are than about what they might
become.”
Human Rights and Social Justice
HR is one project for a “good society”, but there are others.
Examples?
(socialist) revolution, (Christian) charity, moral duty, Tiānxià 天下, faith in God
The Complex Role of the State
Human rights need to be implemented by states
“Human rights regimes”: supervisory mechanisms to monitor relations
between states and citizens. (e.g., European HR Regime)
Sovereignty: states have supreme authority within their territory – except in
the case of genocide
States are human rights’ “principal violator and essential protector”
HR conventions (and changes) need state ratification to become binding upon
the state.
Signature means to express an intent to become bound by the treaty but it is
not yet binding upon the state
Ratification/accession is consent of the state to be bound
After ratification the state is bound by the treaty but how does it work in the
national setting? (depends upon national law)
Ex: Denmark
Summary law perspective on HR
Directed against the legal norm (validated in recognized legal sources and
legal hierarchy of norms).
What are human rights? 4
