TABLE OF CONTENTS
Sr.no.
Title
Page.no.
1
Introduction
6
2
Review of Literature
7
3
Objective
7
4
Human Rights
5
Hypothesis
7
6
Statement of Problem
8
7
Sources of data
8
8
Three generation of human rights
9
9
Poltics of rights
12
10
Conflict between the generations
14
11
Law on human rights
17
12
Conclusion
21
13
References
22
1
NATURE OF HUMAN RIGHTS IN THIRD GENERATION
INTRODUCTION Human rights are commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being. Human rights, like we know them today, are the product of a long revolutionary historical process as a reaction to concrete threats to human dignity. Due to their different historical, religious, political and cultural origins, “three generations” of human rights became apparent. The side event aims at the analysis of the similarities of these three generations, focusing on the collective dimensions of human rights. human rights in general are civil or political by nature. F ir st generation human rights as laid down in the United Nations International Covenant on Second generati on Economic, Social and Cultural Rights (ICESCR) refer to the assurance of adequate social and material general set-ups (e.g. the Right to Food, the Right to Education) for individuals. Unlike dealing with first- and second-generation of human rights under this aspect, the classification of “thi rd generation r ights ” into traditional juridical categories appears to be quite difficult. It has been the basis for controversial political and juridical discussions over several decades until today. In comparison to “first”- and “second generation rights”, solidarity rights do not primarily focus on the protection of the autonomous individual. They rather address more directly the collective of social groups or peoples. This project will deal with the various aspect of human rights in the third generation and the laws relating to and regulating human rights. We are human beings. What does it mean to be a human being? How are human beings different from the other living beings. In terms of life sciences humans are primates of the family of homo-sapiens wherein they belong i
to the genus, homo and species, sapiens. In histor (Placeholder1) y, human beings have been described as civilized living beings capable of communicating with the help of language and those who started the system of living in an organized society. In political science, human beings have been defined as those social or political living beings who developed the system through which a human society would function in an organized and lawful manner. Human beings are the most evolved and therefore the most complex among the living organisms on the earth. We are known to be social beings and cannot live without society. Peaceful coexistence is the basis of 2
our life and thus it is important to have respect as well as protect the life of eachothe r. What is special about being human? As humans, we can think and articulate thoughts, we also have a sense of right and are wrong, which is our conscience. Human beings ma y be different in colour, gender, caste, size and even shape but we are still human and have the same basic human rights.
REVIEW OF LITERATURE Rethinking "Third Generation" Human Rights - Classifying human rights according to "generations" is a form of their characterization. This approach considers civil and political rights as the first generation; economic, social and cultural rights as the second; and a new category named "collective rights" or "rights of peoples" as the third generation. The subject matter of this article is simply an attempt to reconsider the last generation. In this context, having revealed the arguments in the field of those rights, in brief, this paper will discuss whether or not the approach of "generations of rights" can contribute to the protection of human rights in general, and whether it is a natural product of evolution of the theory of human rights. Particularly helpful in this regard is the notion of three “generations” of human rights advanced by the French jurist Karel Vasak. Inspired by the three themes of the French Revolution, they are: the first generation, composed of civil and political rights (liberté); the second generation of economic, social, and cultural rights (égalité); and the third generation of solidarity or group rights ( fraternité). Vasak‟s model is, of course, a simplified expression of an extremely complex historical record, and it is not intended to suggest a linear process in which each generation gives birth to the next and then dies away. Nor is it to imply that one generation is more important than another, or that the generations (and their categories of rights) are ultimately separable. The three generations are understood to be cumulative, overlapping, and, it is important to emphasize, interdependent and interpenetrating. 3
OBJECTIVES 1. The changes occurred in human rights 2. Does human rights actually prevails? 3. The politics that were there in human rights.
4
H U M A N RI G H T S-
Human rights are rights to which all the human beings are entitled, simply because we are human our human rights are inalienable and they belong to all of us, whatever our caste, class, race, age, gender, religion or belief, and should not taken away from us under any circumstances. The term „human rights‟ covers a broad range of rights, from the right to freedom of religion to the right to food and shelter. All are as important as eachother and are owned to us in equal measure. Human rights are universal. This means that human rights are so important that the international community has deemed that everyone has them, regardless of where they live, or their economic, social or political situation. Regardless of whether you live in china, the United States, India, or any other country, you have certain rights that are guaranteed by international law, and sometimes also by domestic law. Human Rights are not a „western concept‟. For example, no culture in the world has ever condoned torture or extra-judicial executions. There are two main kinds of rights:1. Economic, social and cultural rights 2. Civil and political rights. Universal declaration of human rights:-
Whereas recognition of the inherent dignity and o f the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights h ave resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, It is also essential, if man is not compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, It is also essential to promote the development of friendly relations between nations,the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now therefore, The general assembly, 5
proclaims this universal declaration of human rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of the society, keeping this declaration constantly in mind, shall strive b y teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Members States themselves and among the peoples of territories under their jurisdiction. Human rights are certain principles that set out standards of human behavior and are regularly protected as human rights.
HYPOTHESIS
There is a rising concern of human rights all over the world
Whether there is a central regulation authority of Human rights.
STATEMENT OF PROBLEM
What is the conflict between the generations of rights?
What is the history of human rights in India?
What does the third generation human rights mean?
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THREE GENERATIONS OF HUMAN RIGHTS
The use of the term „generation‟ was never meant to imply any distinct historical difference or hierarchy of one generation over another. This is largely due to interrelatedness of all human rights. The “First Generation” in the seventeenth and eighteenth century human rights is represented by civil and political rights of the individuals or the liberty oriented rights. The “Second Generation” human rights, Correspond to the protection of economic, social and cultural rights. They are called security oriented as they provide for social, economic and cultural security. They are more positive in nature than negative. The “Third Generation” human rights are also called “solidarity rights”. They are concerned with the rights of groups and people, rather than of individuals. They are not universally accepted in the international community as such . The human rights mentioned and discussed above are not allowed to be enjoyed by every individual. Women, children SC/ST persons, religious minorities, HIV/AIDS patients, refugees and other marginalized sections of the society are much prone to human rights violation. Hence, this study aims at bringing out to light the torments suffered by victims of human rights violation. As it is not possible to include all the groups in a study, only select groups of very important nature namely, women and dalits are included in the present study.
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CONFLICT BETWEEN GENERATION OF RIGHTS Rights multiplication process led to the emergence of some frictions, conflicts between them. Thus, the generation of socio-economic rights , which requires the commitment and support of the state in the economy, for example , restrict the rights of the first generation and the right Or the rights to limit the power of the state (the issue of new taxes and control of their implementation) . Or, for example, • the right to education , education and freedom of scientific research conflict with the field of genetic manipulation; • the right to security of the person . Conflict with the law of privacy It is estimated that the conflict between the rights of individuals from different generations or between them and the people jurisdize goals ( fourth-generation rights ) and a factor in the crisis , a potential threat to the rule of law. People qualified man makes the universal rights of individuals are cross-border interest , for consideration at the international level is the position of the state . It is estimated that the conflict between the rights in two ways: • Conflicts between various designs on a fundame ntal right ; • protect against conflicts of failure or the exercise of a fundamental right , without violating another basic right. ;
It is quite possible that the exercise of a fundamental right not plenary another fundamental right , without limitation , the right to the technological development in the right environment , the right to work , Greetings Right to social security . Mrs. Sofia conflict Professor Popescu is on their " existence of rights (economic, as she explained protected successfully against the various social interests of the various rights and the rivalry between the values of the various human rights between different protected generations of human rights and the protection of human rights , social and cultural), and includes massive second-generation parliament , are in danger of the first generation of human rights (civil and political rights) .
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Thus, the concern and obligation to keep the balance of the exercise of individual rights go to the government (and not just as the civil society , which make their own contribution can ) . You need to bring agreement between the interests ( civil and political rights of the first-generation rights ) and stakeholders ( people human social solidarity of the second generation rights ) . Such a state is the state of human rights and the modern notion of the social situation of the people.
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HISTORY OF HUMAN RIGHTS For centuries, women have not only a miscarriage of justice in the world full social, economic and political , but also the lower part ? They have been used, abused, exploited and then discarded in immoral behavior and street vagabond life without means, until her death. Although they make up about half of the total population and have helped and did not sacrifice less than men in national struggles for freedom, at any time , but you , because were robbed in various fields of activities of their actions and inhuman and degrading disorders from birth to exposed to death without sin. The Indian woman as a social evil to be burnt on the pyre of her husband. Today, however, women have broken their poor social barriers and are willing to challenges of the present, without providing help and hesitation and therefore on 8 March is strictly respected and celebrated in several countries, including India, as a sign of integrated services, same rights, the status and dignity of women and their equal participation in economic, social and cultural development in today's world scenario. Women make up half the world's population, but they are placed at different positions due to adverse Gender differences and prejudices. They were dominating the victims of violence and exploitation by the society of men all over the world. Our company is a tradition in which women were socially, economically , physically, psychologically and sexually has always been , sometimes, sometimes written in the name of religion under the pretext of the Scriptures , and sometimes exploited by connected social sanctions. The concept of equality between men and women was almost unknown to us. Before the promulgation of the Constitution of India Of course, the Preamble to the Constitution that seeks the supreme law of landmark, to guarantee its citizens , including women folk justice? Social, economic and political, liberty of thought freedom of expression, to promote faith, faith and worship, equality and equal opportunities and brotherhood to ensure that the dignity of the person. The story is a silent witness to the inhuman suffering that man has inflicted on the people . The right to freedom of man is the sacred right for him and therefore he should not take place without the sanction of the law. A successful and meaningful life presupposes full of dignity, honor , health and well -being in modern philosophy . The treatment of people offended human 10
dignity , imposes avoidable torture and reduces man to the level of the animal would certainly be arbitrary and it is impossible to code human beh avior in every religion. Justice PN Bhagwati, the Supreme Court of India in Seminar rights Of I.L.A. organized Allahabad presents in his inaugural speech that the protection of human rights was introduced deep into the Babylonian laws , the Assyrian laws and laws hittiti Dharm Vedic times in India. Description of the right to protection has been widely discussed and put to good use by Plato, the Greek and Roman philosophers. The debate on religious basis. Right to vote, the right to trade, the right to access to justice for citizens, etc. were donated by the city of the state of Greece. King John of England granted the English Magna Charta Baron June 15, 1215, that their privileges are not being attacked and hammered. The importance of the Magna Carta led in the time of John's son , Henry III confirmation by the Parliament in the year 1216-1217 was made in 1297 confirmed and updated by Edward I. Parliamentary Superiority in 1689 by the Petition of Rights and the Bill of Rights on the crown and the rule of law in England were created controlled by the authority documentary. Declarations and constitutional branches, many states supported by the expression? Fundamental right? These are the golden rays of the sun illuminates the world of the nineteenth century to know the human right to the man, she must . The value of the human personality began to be realized. The result of the human rights movement has been experienced after the Second World War by the people. Throughout the war Humanitism was killed for crimes against humanity and heinous rights was shocked. History has witnessed in silence tyranny and complete anarchy Nazi leader of Germany. Values and human dignity and morality were brutally interrupted. Rights people have become the need of the hour to establish peace and security international. Growth and development of human rights and the right International had made remarkable progress since the year 1945. Several deeds, contracts, etc., was made for the effective implementation of human rights, such as.
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THIRD GENERATION HUMAN RIGHTS The use of the term „generation‟ was never meant to imply any distinct historical difference or hierarchy of one generation over another. This is largely due to interrelatedness of all human rights. The “First Generation” in the seventeenth and eighteenth century human rights are represented by civil and political rights of the individuals or the liberty oriented rights. The “Second Generation” human rights, correspond to the protection of economic, social and cultural rights. They are called security oriented as they provide for social, economic and cultural security. They are more positive in nature than negative. The “Third Generation” human rights are also called “solidarity rights”. They are concerned with the rights of groups and people, rather than of individuals. They are not universally accepted in the international community as such. The human rights mentioned and discussed above are not allowed to be enjoyed by every individual. Women, children SC/ST persons, religious minorities, HIV/AIDS patients, refugees and other marginalized sections of the society are much prone to human rights violation. Hence, this study aims at bringing out to light the torments suffered by victims of human rights violation. As it is not possible to include all the groups in a study, only select groups of very important nature namely, women and dalits are included in the present study. This grouping has been distinguished from the other two categories of human rights in that its realisation is predicated not only upon both the affirmative and negative duties of the state, but also upon the behaviour of each individual. Rights in this category include self-determination as well as a host of normative expressions whose status as human rights is controversial at present. These include the right to development, the right to peace, the right to a healthy environment, and the right to intergenerational equity.The right to a healthy environment requires a healthy human habitat, including clean water, air, and soil that are free from toxins or hazards that threaten human health.
The right to a healthy environment entails the obligation of governments to –
12
•
refrain from interfering directly or indirectly with the enjoyment of the right to a healthy
environment •
prevent third parties such as corporations from interfering in any way with the enjoyment
of the right to a healthy environment, and •
adopt the necessary measures to achieve the full realisation of the right to a healthy
environment.
However, do individuals really have the „challengeability‟ when it comes to human rights and, or are these still considered to be merely aspirational „soft law‟?
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