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Introduction to Human Rights
Human rights are the foundation of modern socities. Human rights are respected and protected at national level e.g. Bunreacht na hÉireann in Ireland, at international level e.g. the Universal Declaration on Human Rights (UDHR), and at European level through the European Convention on Human Rights (ECHR).
Watch this video and answering the following questions:
1. What are Human Rights?
2. Can you list at least 3 Human Rights mentioned in the video?
3. How many are there and where are they listed?
Key term: Human Rights
Key term: Human Rights
Human rights are inherent entitlements and freedoms that every individual possesses by virtue of being human, regardless of their nationality, ethnicity, gender, or other characteristics. They encompass fundamental principles such as dignity, equality, and justice, and are protected by international laws and standards to ensure respect, protection, and fulfillment for all people.
Human rights are inherent entitlements and freedoms that every individual possesses by virtue of being human, regardless of their nationality, ethnicity, gender, or other characteristics. They encompass fundamental principles such as dignity, equality, and justice, and are protected by international laws and standards to ensure respect, protection, and fulfillment for all people.
Within the discussion of human rights, human rights are considered:
Inalienable, which means they cannot be taken away or even given away.
Indivisible, which means you are entitled to all, not just some, of human rights.
Interdependent, which means losing one right can affect others.
Universal, which means every human has them just by being born.
Examples:
Inalienable:
The right to life of a child fleeing war-torn Syria.
The right to freedom of expression of a journalist imprisoned in Iran for criticising the government.
The right to be free from torture of a political prisoner in Venezuela.
Indivisible:
The right to vote of a person living in poverty.
The right to a fair trial of a person accused of a crime.
The right to work of a person with a disability.
Universal:
The right to food of a person living in famine-stricken Yemen.
The right to shelter of a refugee fleeing persecution in Myanmar.
The right to education of a girl in Afghanistan.
Interdependent:
The right to health of a person living in a polluted environment.
The right to work of a person denied the opportunity to obtain an education.
The right to participate in government of a person living in a dictatorship.
UDHR and UNCRC
Universal Declaration of Human Rights
UN Convention on the Rights of the Child
Different types of rights
Civil rights
Civil rights guarantee personal liberties, fair treatment and social equality for all individuals. These include:
Life, liberty and security of the person
Protection from physical violence, torture and inhuman treatment, arbitrary arrest, detention, exile, slavery and servitude
Respect for privacy, right of ownership, freedom of movement
Freedom of thought, conscience and religion
Public hearing, presumption of innocence, and legal assistance
Examples:
The Civil Rights movement in the United States, which aimed to address the infringement upon the rights of African-American citizens.
The establishment of the Northern Ireland Civil Rights Association in 1967 came as a response to the shortcomings in the UK province regarding the acknowledgment and protection of the rights of the Catholic minority.
Movements for LGBTQ+ rights have been ongoing, advocating for equal rights, marriage equality, and protection against discrimination based on sexual orientation or gender identity.
Political rights
Political rights enable individuals to participate freely in the political process. These include:
Freedom of expression
Freedom of association and assembly
Take part in government, vote, and stand for election by democratic secret ballot.
Case Study: Poland and the right to protest (2016)
Amnesty International has documented how people in Poland have taken to the streets to express their opinions despite restrictive legislation, combined with heavy-handed policing, surveillance, harassment, and prosecution, which threaten to strangle the right to peaceful protest.
Since 2016, tens of thousands of people have protested against repressive legislation aimed at curbing women's rights and undermining the independence of the judiciary. Protesters have routinely been met with a show of force and restrictive measures that infringe upon their right to be seen and heard. Hundreds have found themselves in police custody and facing lengthy court proceedings.
In parallel with tightening the laws affecting the exercise of the right to freedom of peaceful assembly, the government has vastly expanded the surveillance powers of law enforcement agencies, with evidence that these expanded powers have been used against people engaged in organizing and participating in peaceful protests.
Polish Protests 2016
Economic, social and cultural rights
Economic Rights create conditions necessary for prosperity (wealth) and wellbeing e.g property, right to work, a fair wage and reasonable working hours, trade union rights.
Social Rights are necessary for an adequate standard of living e.g. health, food, accommodation, social care, education.
Cultural Rights allow us to freely participate in the cultural life of the community e.g. share in scientific advancement, protect scientific, literacy or artistic materials.
What do unequal social, cultural and economic rights look like?
Income inequality:
Articles 23 and 24 of the UDHR deal with the human rights to earn an income and to ‘standard of living adequate for health and wellbeing’.
In Ireland, people who are able to work are entitled to a minimum wage. Those out of work receive social benefits, such as Jobseekers’ Allowance or Disability Allowance. This is because we recognise that people need a basic level of income to meet their basic needs and maintain their human dignity. But beyond basic needs, do people have a right to be economically equal to those around them? Are we all entitled to what others have?
When we look at the world as a whole, we see evidence of huge inequality within and between countries. Top executives in the US earned an average 17 million dollars in 2017 (over 300 times more than the average US worker) while in poorer countries some people live on less than a dollar a day.
Educational inequality:
Articles 26 of the UDHR and Article 42 of the Irish Constitution mention a right to free primary education. However, what about inequalities in access to higher education (such as college or university)? This access is not always spread equally. It may depend on where you live or how much your parents earn. Do we all have a right to go as far with our education as we are able? If so, who will pay for those from disadvantaged areas to attend higher education? Globally, educational inequalities are even more striking, with 750 million adults (two thirds of whom are women) unable to read or write due to poor access to basic education.
Health inequality:
In Ireland, people are entitled to health care in our hospitals. Some on lower incomes or with lifelong illnesses get a medical card for free or cheaper medicines. Some people choose to pay for health insurance so they can access care more quickly. Does this show that everyone in Ireland has equal access to basic health care? Should everyone or no one be entitled to a medical card? Is it acceptable that some people can pay to be treated more quickly?
Life expectancy (how long you can expect to live) can differ hugely based on your access to good health care. Worldwide, there is ongoing debate over what level of health care should be available to everyone, regardless of their income, and who should pay for it.
The Importance of Social, Cultural, and Economic Rights in the UDHR
The Importance of Social, Cultural, and Economic Rights in the UDHR
In 1948 social, cultural and economic rights were included in the UDHR, but have proven very controversial. There are huge disagreements internationally over what responsibility governments have to fulfil these kinds of rights. Here are some reasons why social, cultural and economic rights are important.
Social, cultural and economic rights protect us from poverty and ignorance.
Through the rights to a fair income and an education, we are more likely to make better decisions and be more informed about the world.
The more knowledge we have, the better the chance that we can be good citizens and take a full role in a democratic society.
2. Social, cultural and economic rights protect us from those who would exploit us.
In an unequal world, those who are wealthier or better educated might use their money and knowledge to exploit those without.
Rights such as those to a fair wage and to education seek to limit the effects of these inequalities and give more people a chance at a life with human dignity.
3. Social, cultural and economic rights suggest hold governments to account for keeping their citizens safe, healthy and educated.
Social, cultural and economic rights suggest that governments are responsible for providing at least a basic standard of living for those they represent.
Providing healthcare, education, housing or social welfare payments is expensive, and governments around the world disagree about how responsible they are for this.
LO 5.1: some of the rights of young people
Key term: Bunreacht na hÉireann
Key term: Bunreacht na hÉireann
Bunreacht na hÉireann refers to the Constitution of Ireland, which serves as the supreme law of the country. It outlines the fundamental principles, rights, and structures of the Irish state, providing a framework for governance, protecting individual rights, and establishing the relationship between the government and its citizens.
Bunreacht na hÉireann refers to the Constitution of Ireland, which serves as the supreme law of the country. It outlines the fundamental principles, rights, and structures of the Irish state, providing a framework for governance, protecting individual rights, and establishing the relationship between the government and its citizens.
Discursive Question: To what degree do you agree with the assertion that the Irish government is falling short in fulfilling its obligation to ensure optimal access to human rights for all citizens?
Argue your perspective by referencing specific examples studied and incorporating the viewpoints of at least two key theorists, while exploring whether it is the principal responsibility of the government to act as the 'shepherd' of its people in the realm of human rights.
Data/Evidence:
In February 2023, The Irish Human Rights and Equality Commission (IHREC) submitted a report to the United Nations, expressing concerns about Ireland's approach to economic, social, and cultural rights (ESC rights). The report highlights the ongoing crises in health, housing, poverty, and the cost of living, stating that the state's response relies on short-term measures rather than addressing root causes. IHREC emphasises the need for a paradigm shift towards a rights-based model to eradicate poverty, improve public service provision, and respond to the needs of vulnerable communities. The report recommends a human-rights approach to poverty reduction, strategic investment in public services, and a transformation in the discourse around social welfare. IHREC also addresses issues such as social exclusion, inadequate accommodation, and the lack of progress in housing, calling for a significant scaling up of public and social housing and a referendum on the right to housing in the Constitution. The report concludes that a comprehensive effort from the state, including committed investment, structural reform, and rigorous implementation, is essential to create a fairer and more equal Ireland.
Keyo the key theorists have to say?
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