Curriculum

Human Rights

- Doctor: Dr/ Dalia Swidan

- Credit hours: 2 hours

- Lecture Sequence: Sixth

- Number of lectures for the curriculum: 12

 (Human Rights)
Educational Purposes

 Dear student, it is expected at the end of this lecture to be able to:

 Know the terminology of human rights.
 Explain the notion of both national law and international law.
 Differentiate between national law and international law.
 Learn the most important characteristics and human rights
principles.

■ DR. DS 1
 (Human Rights)
First Requirement
Defining human rights and its characteristics

- Lecture Content:
1- First branch: Human rights linguistically and idiomatically.
2- Second branch: Defining human rights in national law.
3- Third branch: Defining human rights in international law.
4- Fourth branch: Human rights characteristics and principles.

■ DR. DS 2
 First Branch (Human Rights)
Defining human rights
-Human rights linguistically and idiomatically

First: Linguistically rights

Rights in the language is the plural of right, it means: it is the share given to an individual or group, it is the fixed
right and obligation for each person

Second: Idiomatically rights

The jurists had different opinions about defining human rights, some defined it as “privileges, benefits, or
freedoms that are expected by individual or group in a society or in a country.”

Rights are in the point of view of law :The power that law gives to a person to make him able to do some specified
work to achieve a benefit that law admits it.

Also it could be defined as “the standards that human can’t live without it as human”

Human rights are the basis of freedom, justice and peace, it has standards that must be followed and worked on,
the reason why it is activated and respected to make it available to develop individual and group through full
development.
■ DR. DS 3
 First Branch (Human Rights)
Defining human rights

The definition of human rights in international law is: “The main rights that
stick to a human just because he is a human not taking into considerations
his nationality, religions, origins, and work.”
- A lot of jurists consider human rights to be: result of natural evolution,
spontaneous to freedom and equality rules, the French revolution was the
beginner in calling for citizen freedom and protecting human rights from
any violations and restrictions, the international society didn’t know human
rights in its “modern” notion except after the issuance of the International
Announcement for Human Rights in 1948.

■ DR. DS 4
 Second Branch (Human Rights)
Difference between national and international law

- The jurisprudence side differentiate between national and international law:

1- The name of human rights is closer to (International law).

2- While the rights that individual enjoys in (National law) are what is called public freedoms.

3- (International human rights) are the rights derived from natural law and it can’t be denied as rights
that are attached to human’s personality as it shows the humanity dignity, it contains texts about
(international society position).

4- While (National law) are the permissions that is given by law and country to individual (the national
legislator is specialized in putting), it can’t be enjoyed unless the international law admits it.

There are rights related to personality which leaves the legislator the right to limit its practices to
certain and temporary conditions, like: “freedom of speech, express, movement, etc.”

■ DR. DS 5
 Second Branch (Human Rights)
Difference between national and international law

- We can conclude that (human rights) law combine between international and national laws
together, while (national) law is embodied in constitutions and national legislations that aim
to protect human rights.
- By that, we can conclude that (International law) is embodied in international legitimacy for
human rights, which consists of:
1- International announcements for human rights.
2- International covenant for economical, civil, and political rights issued in 1966.
3- International covenant for economical, social, and cultural rights issued in 1966, adding to it
other number of international charters that is related to human rights.

■ DR. DS 6
 Third Branch (Human Rights)
Definition of human rights in national law

Definition of human rights in national law

Human rights are known from national law perspective to be: “Fair legal
rules that control the relation between the country and its citizens, and it is
considered a way, form and method to rule the country that is based on
justice rather than injustice, and on democracy rather than dictatorship”.
So applying the principles and standards mentioned in human rights are
from the country’s and its Government duties, this is through attestation
(confirmation) on international conventions of human rights.
That’s why in case the applied legal procedures failed inside the country;
there are ways for complaining procedures in the regional and international
levels inside the international law framework.
■ DR. DS 7
 Third Branch (Human Rights)
Definition of human rights in international law

The definition of human rights in international law to protect human rights could be in:
They are collection of rules and principles that are mentioned in announcements and
international conventions, that ensures rights and freedoms of individuals and peoples
confronting the counting. They are the rights that is attached to human and it can’t be
given up, violate it or to inherent.
1- International law provides necessary protection, to achieve the required standards of
human rights in the international level, from the special lawful procedures when national
level fails to apply and understand human rights.
2- The countries are obligated to protect it from any violations, that is through taking
positive and legal procedures that ease the application of human rights as it should be.
3- The protection of international law of human rights are considered to be global rights,
not to be broken down, related and connected.
■ DR. DS 8
 Fourth Branch (Human Rights)
Characteristics and principles of human rights

Human rights are considered to be guarantees, lawful standards and constitutional

that protects individuals and groups through governmental procedures that interfere
in main freedoms and humanity dignity through lawful document (that determine
citizens rights and their duties).
From the most important characteristics and principles of human rights are:
1- Human rights are not bought, purchase or inherited, as it is owned by human
simply as they are natural person, as human rights are inside each person from the
human society, it is obligatory for it to be applied in all countries, as the country and
the citizens who have its nationality are obligated to apply it.
2- Human rights are international, as it is one for all people no matter their race, sex,
religion, political opinion, any opinion, original nationality, or social, as all human
were born free and equal in dignity and rights, as it protects individual and group.
■ DR. DS 9
 Fourth Branch (Human Rights)
Characteristics and principles of human rights

3- Human rights can’t be traded or taken away, as no one has

any right to take someone’s human rights, even if his country’s
laws don’t admit it or when the national government violates
those rights and freedoms. As human rights are fixed and can’t
take any action in it. As it has all international guarantees.
4- Human rights are equal, connected, and can’t be divided, as
each human has the right to enjoy his rights, to live a good life,
to enjoy freedom and peace, and suitable standard of living.
From those rights are social, economical, citizen and political
rights.
■ DR. DS 10
THANK YOU
Wish for you all best of luck
Dr/ Dalia Swidan
DR. DS

15/04/1444