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Jurisprudence II Assignment

Topic Name:- Human Rights.


Submitted to:- Mr. wajid munir.
Submitted by:- Jehangir khan.
Roll no:- 3353-FSL/LLB(E)F17.

International Islamic university


Islamabad
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Human rights:
The concept of human rights has been described as one of the
greatest inventions of our civilization.

Human rights are of two words:

 Human, by human we mean man, woman, child, person etc.


 Rights, rights are those things to which you are allowed.

Human rights are those rights you have simple because you are a
human beings. Human rights are moral principles or norms.

Human rights are defined as, “those rights which are inherent in our
nature, and without which we cannot live as a human beings.”

In the twentieth century the legal recognition of human rights


occurred when the United Nations, adopt the universal declaration of
human rights in 1948. This is also called International bill of rights.

Importance of Human rights:


 Human rights are fundamental to the stability and development of
countries all around the world.
 Human rights are basic for individuals to live with dignity.
 Human rights are supreme, inherent, and inalienable rights to life,
dignity and self development. It is the essence of these rights that
makes man human.
 International norms that help to protect all people everywhere
from severe, legal and social abuses.

Characteristics of Human rights:


There are four characteristics of human rights:
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 Inherent:
Essential part or our lives. We have rights by nature. Nature creates
rights.

 Universal:
Human rights is universal. People have human rights whoever they
are and wherever they are.

 Indivisible:
Human rights must be indivisible. Human rights must be enjoyed by
everyone in its full rang.

 Inalienable:
It also be inalienable. Human rights cannot be taken away or
transferred.

Generation of Human rights:


Czech jurist karel vasak divided human rights into three
generations in 1979. The three categories align with the three tents of
the French revolution: liberty, equality and fraternity.

 First Generation Human Rights:


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Deal essentially with liberty. They are fundamentally civil and


political in nature and serve to protect the individual from excesses
of the state. First Generation rights include, inter alia, freedom of
speech, the right to fiar trail, and freedom of religion.

First generation rights are therefore mostly negative rights. They


were first enshrined at the global level by the 1948 universal
declaration of Human rights and are rights from certain things,
usually freedom from abuse or coercion by others, as opposed to
positive rights which are the rights or guarantees to certain things.

One example of negative right is the 1st amendment of the


constitution of the USA, which prevents free speech from being
reduced by laws.

Other negative rights include:

 The right to security in private property,


 Freedom of speech,
 Freedom of the press,
 Freedom of religion,

 Second Generation of Human rights


The second generation of human right is shown in social and
economical areas. Rights such as education, dwelling, hygienic
protection, employment, and an appropriate level of living are
considered as the right of second generation.

The rights of second generation guarantee an active life along


with health. If a healthy nourishment and hygienic protection does
not exist, does not harm the health of human and accordingly the
health of the society.
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Although the approval of Universal Declaration of Human


rights in 1967, the pressure of socialist countries has had a powerful
effect on the birth of international convention of economic, social
and cultural rights; but it was also the subject of attention for
regulators of universal declaration of human rights who mainly had
liberal viewpoint.

According to the Declaration, “lack of recognition through


human rights and despising it, has led to savage actions which
caused the human soul to rebel, and the appearance of a world where
human has the freedom of speech and fearless to poverty has been
declared as the highest idea of human being.

This properly declares that human rights, in addition to


fundamental freedoms, also consist of enough facilities for a living.
Golding calls these rights as welfare rights.

The basic idea of these division is that, the rights of first


generation are ascertained by avoiding any action, and rights of
second generation by doing some action; but most important
commonality between these two generation, is the emphasis of both
on humanity of everybody or in other words, the rightfulness of
human which does not exist in the third generation of human rights,

 Third Generation of Human Rights:


The establishment of third generation is the result of new needs
of human. The developing human, international, social procedure
and moralizing the international rights and human rights and also
weaknesses of the first and second generation led to appearance of
the third generation of human rights. The right of third generation or
unity rights do not talk about human; but put emphasis on the
universal citizens.
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In contrast with first and second generations which are products


of theories (liberalists and socialists), the third generation of right is
the result of human experience and human life realities has caused
them to form. For instance, before the present age , human did not
have any environmental problem; but today, it has change into a
serious problem.

In this generation of rights, the beneficiaries are society and


social groups which course its general benefit is also shared with
every individual. The most important features of third generation of
rights are: establishing a powerful feeling among member of the
universal society, the inability of not deviating the commitments to
such rights for the harm they cause to all, putting emphasis on
subjects higher than the geographical areas or special economical
and political system, and specifying the right which are made as the
result of human presence in the human society. Most instances of the
third generation of human rights are: development right. Peace right,
right of human in choosing his destiny, right to have a healthy
environment, right to human common wealth, and right to
communication.

The End
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