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
