ULUSLARARASI KAMU HUKUKU I

The term “human rights,” fulfils two different but consistent functions: (1) the phrase ‘universal human rights’ is used to assert that universal norms of standards are applicable to all human societies. This assertion has its roots in the medieval notions of natural law. (2) The idea of human rights is used to affirm that all individuals, solely by virtue of being humans, have moral rights which no society or state should deny. This idea has its roots in the classical theories of natural rights. Despite these consistent functions, there are different approaches to human rights. These approaches are Natural Law Theory, Positivism, and Marxist, Sociological and Modern Approaches.

Human rights law imposes a responsibility on the state to respect and protect these rights and,the main duties deriving from human
rights fall on states and their authorities or agents, not on individuals.

In the 1970s, a “third generation” rights emerged with the predominant support of the developing countries. In contrast to
the individual’s rights (i.e., the first two generations rights), these are collective or group rights such as the right to development, right to healthy human environment, right to peace, and right to
self-determination.

The term “human rights,” fulfils two different but consistent functions: (1) the phrase ‘universal human rights’ is used to assert that universal norms of standards are applicable to all human societies. (2) The idea of human rights is used to affirm that all individuals, solely by virtue of being humans, have moral rights which no society or state should deny.

The concept of human rights dates back to antiquity. One can find reference to rights in many national documents. The first reference of personal liberties is found in the Magna Carta of 1215 in England. Other notable references prior to the 19th century are the 1776 Virginia Declaration of Rights and the 1789 French Declaration of the Rights of Man and of the Citizen. The institutionalization of human rights in national documents penetrated into the international system at the end of the 18th century.

In the 19thcentury a special exception was made for humanitarian intervention to prevent human rights abuses. Even before the United Nations was created, some treaties had been signed regarding the treatment of minorities. Although the Covenant of the League of Nations did not have any provision in this regard, the execution of these treaties was put under the guarantee of the League. Moreover, these treaties could not be modified without the consent of the League Council. In some cases, clauses included to bring the violation of treaty obligations before special tribunals. These treaties, however, were limited in their objectives and related to certain minorities. They did not create general obligations to respect fundamental human rights. The minority rights covered under these treaties were: the protection of life and liberty; free exercise of religion without discrimination on grounds of language, race or religion; equality before the law; and the freedom of organization for religious and educational purposes. These rights were mainly civil and political in nature. However, this protection was not extended to the rights of the individual.

The UN Charter, which has played the catalyst role in the human rights movement, does not give a definition of fundamental freedoms and human rights, nor does it provide any machinery to secure their observance. This task has been fulfilled by the subsequent United Nations instruments. The First critical instrument was the Universal Declaration of Human Rights, adopted by the General Assembly on December 10, 1948. It defined expressly certain human rights and fundamental freedoms that need to be protected.

Among the human rights agreements, the most important are the two Covenants adopted by the General Assembly in 196.

a) the International Covenant on Civil and Political Rights and its
two Optional Protocols, and

b) the International Covenant on Economic, Social and Cultural
Rights.

These two Covenants, Optional Protocols to the Covenant on Civil and Political Rights, and the Universal Declaration on Human Rights together form the International Bill of Rights.

The UN Charter, which has played the catalyst role in the human rights movement, does not give a definition of fundamental freedoms and human rights, nor does it provide any machinery to secure their observance. This task has been fulfilled by the subsequent United Nations instruments. The First critical instrument was the Universal Declaration of Human Rights, adopted by the General Assembly on December 10, 1948. It defined expressly certain human rights and fundamental freedoms that need to be protected.

United Nations is a global human rights protection mechanism.

All of them are true about human rights.

John Locke is the chief exponent of natural rights theory.

Under the positivist theory, the source of human rights is to be found only in the enactments of law with sanctions attached to it.

The focal point of Marxism is to recognize the contextuality of human rights in terms of the conditions of a society.

The sociological approach identifies the empirical components of a human rights system in the context of the social process.

The first reference of personal liberties is found in the Magna Carta of 1215 in England.

The second generation of human rights consists of cultural rights.

The first critical United Nations instrument was the Universal Declaration of Human Rights, adopted by the General Assembly on December 10, 1948. It defined expressly certain human rights and fundamental freedoms that need to be protected.

The International Labour Office is the permanent secretariat of the International Labour Organization.

Derogation: Lessening or restriction of the authority, strength, or power of a law, right, or obligation.