 Since the Second World War, as
ASU111s
Human Rights
Created by: MT
Lecture 1: Introduction to HR
In the area of civil and political
Human Rights
 Human rights are rights that every
rights:
human being has by virtue of his or her
human dignity
 Human rights are the most
fundamental rights of human beings
 They define relationships between
individuals and power structure,
especially the State.
 In the last 250 years, starting with
French and American revolutions in
late eighteenth century, the idea of
human rights has driven many
revolutionary movement for
empowerment and for control over
wielders of power, Governments in
particular.
 From a legal standpoint, human rights
can be defined as the sum of individual
and collective rights recognized by
States in their constitutions and in
international law
shown The United Nations, has
player a leading role in defining
and advancing human rights
 Right to life
 Freedom from torture and cruel
 Freedom for slavery
 Right to liberty and security of
person
 Right of detained persons to be
treated with humanity
 Freedom of movement
 Right to fair trial
 Freedom of thought, conscience
and religion
 Freedom of opinion and
expression
 Right to marry and find a family
 Right to equality before the law
and non-discrimination
 Prohibition of propaganda for
war and of incitement to national
racial or religious hatred
 Right to take part in the conduct
of public affairs, vote, be elected
and have access to public office
In the area of economic, social
and cultural rights :
 Right to work
 Right to just and favorable
conditions of work
 Right to social security
 Protection of the family
 Right to adequate standard of
living
 Right to health
 Right to education
In the area of collective rights:
 Right of people
 Self determination
 Development
 Free use of their wealth and
natural resources
 Peace
 A healthy environment
 Rights of national, ethnic,
religious and linguistic minorities
 Right of indigenous peoples
Basic of Human Right Principles:
 Human rights are universal
 Human rights are inalienable
 Human rights are indivisible and
interdependent
 The principle of non- discrimination
Section 1: History of HR
 Originally, people had rights only
because of their membership in a
group, such as a family.
 Then, in 539 BC, Cyrus the Great,
after conquering the city of
Babylon, did something totally
unexpected—he freed all slaves to
return home.
 He declared people should choose
their own religion.
 The Cyrus Cylinder, a clay tablet
containing his statements, is the
first human rights declaration in
history.
 The idea of human rights spread
quickly to India, Greece and
eventually Rome.
 1215: The Magna Carta- gave
people new rights and made the
king subject to the law.
 1628: The Petition of Right- set
out the rights of the people.
 1776: The United States Lecture 2: What state obligations
Declaration of Independence arise from human rights?
proclaimed the right to life, liberty Under present international law,
and the pursuit of happiness. only state assume direct
obligations in relation to human
 1789: The Declaration of the Rights rights
of Man and of the Citizen - a
document of France, stating that all  State obligation:
citizens are equal under the law.  Respect
 Protect
 1948: The Universal Declaration of  Fulfil
Human Rights - the first document
listing the 30 rights to which  Respect
everyone is entitled.  Means that the obliged to refrain
from interfering.
Article 1  For example the right of
Origin of Rights education.

Articles 2-21
 Protect
Civil and political rights  Requires States to protect
Articles 22-27 individuals against abuses by non
Economic, social and State actors .
 the right to education can serve
cultural rights
as an example .
Article 28
Communitarian/solidarity  Fulfil
Article 29-30  States are required to take
Duties to the Community positive action to ensure that
human rights can be exercised
 The principle of progressive
realization:
 applies to the positive State
obligations to fulfil and to
protect .
 What does the " obligation to provide
domestic remedies " mean ?
 The very notion of rights entails
the possibility to have recourse to
a national authority in the event
that a right is violated judicial,
administrative, legislative or other
authority
 The right to recourse to a
supranational court
 The right to reparations
 The right to effective remedy
implies that the victim of a human
rights violation is entitled to
reparations for the harm suffered .
 Remedies for violations of rights
of economical, social and culture:
 Civil and political rights
purely negative rights
 Economic, social and cultural
rights programme right
 Political claims requiring positive
State action - aimed , for in
stance , at guaranteeing
employment , good health and
full social security for everyone .
 Such " programme rights " were
considered unenforceable by the
courts .
 Section 2: Right to work Article 24
 The right to work is the concept  Everyone has the right to rest
that people have a human right and leisure, including
to work, or engage in productive reasonable limitation of working
employment, and should not be hours and periodic holidays with
prevented from doing so. pay.

 The right to work is enshrined in  Every person has the right to

the Universal Declaration of equal treatment with respect to
Human Rights and recognized in employment without
international human rights law discrimination

Universal Declaration of Human Rights 1) Race / Ethnicity

2) Place of origin
Article 23 3) Color
 Everyone has the right to work, to free 4) Citizenship
choice of employment, to just and 5) Religion / Creed
favorable conditions of work and to
6) Gender
protection against unemployment.
7) Age
 Everyone, without any discrimination, 8) Record of Offences
has the right to equal pay for equal 9) Marital status
work. 10) Family status
11) Disability
 Everyone who works has the right to
just and favorable remuneration • 1.6 billion informal economy
ensuring for himself and his family an
workers who lack a social safety
existence worthy of human dignity
net were significantly affected
 Everyone has the right to form and to the pandemic.
join trade unions for the protection of
his interests.

UN Sustainable Development Goals
Goal 8
 Decent work and economic
growth- promote sustained,
inclusive and sustainable
economic growth, full and
productive employment and
decent work for all.
The new Egyptian Labor law (2022)
 Wage payment system
 The employer does not have
the right to change the
employee wage payment
frequency without a prior
written agreement from the
employee.
 Loan payback percentage
 The employer can not cut
more than 10% of the
employee wage to payback
loan.
 Prioritizing employee dues
 In case of debts on the
employer, the employee is
prioritized in payment.
Work ethics
 Manners or Attitudes that
determine behavior and the
justification of what makes
them right or wrong
• Examples:
 Responsibility: Face and fix
the faults
 Integrity: Be honest and
keep strong moral
principles
 Punctuality: Be on time
 Fairness: Deal with all your
team equally
 Respect: Have regards for
the feelings, wishes or
rights of others
 Teamwork: Collaborate
with your teammates
 Appearance: Wear the work
professional attire
 Cleanliness: Keep your
workplace clean and
hygienic
 Hardworking: Give your
work your best productivity
 Lecture 3: May governments Limitation clauses
restrict human rights?
 Limitation clauses: Many
 Some human rights , such as obligations to respect human
the prohibition of torture and rights are subject to
slavery , are absolute . limitations clauses

 Including in the area of  However, any interference,

counter terrorism such restriction, or penalty must
circumstances as the need to be carried out by domestic
extract from a detainee law and must be necessary
information about an for achieving the respective
imminent terrorist attack . aims and national interests
in a democratic society.
 States are allowed a margin of
appreciation in relation to their  States must, in any case,
obligations to respect, protect demonstrate the necessity of
and fulfill most human rights. applying such limitations
and take only those
 Most of these obligations are measures which are
subject to progressive proportionate to the
realization. pursuance of the legitimate
aims.
 Derogation in a state of emergency Rights, freedoms and prohibitions
 In times of war , rioting , natural that are not subject to derogation
disasters or other public even in times of war
emergencies ( such as terrorist
attacks ) that pose a serious ❖ Under article 4 of CCPR
threat to the life of a nation
• Right to life

 Governments may take measures

derogating from their human • Prohibition of torture , or cruel ,
rights obligations, provided the inhuman or degrading treatment
following conditions are met: or punishment
➢ A state of emergency must be
declared
• Prohibition of slavery and
➢ The specific measures derogating servitude
from an international treaty must be
officially notified to the competent • Prohibition of detention for debt
international organizations and
other States parties.
. Freedom from retroactive
➢ Derogation is permissible only to criminal laws
the extent strictly required by the
situation • Right to recognition as a person
before the law
➢ The derogation must be lifted as
soon as the situation permits
• Freedom of thought ,
➢ The rights subject to derogation conscience and religion
must not be among those that admit
no derogation (absolute rights)
❖ Under Article 15 of the European
Convention for the Protection of Human
Rights and Fundamental Freedoms
• Right to life , except in respect of
deaths resulting from lawful acts of United Nations and Regional
war . Organizations on published by the
• Prohibition of torture , cruel ,
inhuman and degrading treatment
or punishment
• Prohibition of slavery and
servitude
• Freedom from retroactive
criminal laws
❖ Under Article 27 of the American
Convention on Human Rights Right to
legal personality Right to life . Right to
humane treatment
• Prohibition of slavery
• Freedom from retroactive criminal
laws
• Freedom of conscience and religion
• Right to nationality
• Right to participate in government
• Right to judicial remedy
• Right to a name
• Rights of the family
• Rights of the child
Counter - terrorism measures
and human rights
• The Digest of Jurisprudence of the
Office of the UN High Commissioner
for Human Rights (OHCHR ) in
September 2003, presents a collection
of excerpts from the jurisprudence of
human rights bodies of the United
Nations and other organizations (in
particular , African , American and
European (regional organizations) .
• Under very specific conditions ,
terrorism may justify a state of
emergency , in which some
rights may be subject to derogation in
accordance with CCPR and regional
human instruments .
• Under the same provisions , however ,
certain human rights are not subject to
suspension under any circumstances.
 Counter - terrorism measures Lecture 4: What parliamentarians
and human rights should know about the civil and
❖ Under CCPR and regional human
rights instruments, derogation
from rights other than the above is
permitted only in special
circumstances
❖ They must be exceptional ,
strictly limited in time
❖ Subject to regular review
❖ The right to a fair trial during
armed conflict is explicitly
guaranteed under international
humanitarian law
❖ The Human Rights Committee
found that the principles of legality
and the rule of law require that
fundamental fair trial requirements • The right to life is the most
be respected during a state of
emergency
political rights contained in UDHR?
Civil and Political rights
1. The right to life
2. The right to personal integrity and
dignity
3 . The right to personal liberty
4. The right to a fair trial
5 . The right to privacy and the
protection of family life
6. Freedom of movement
7. Freedom of thought , conscience ,
and religion
8. Freedom of opinion and
expression
9. Freedom of peaceful assembly
and association
10. The right to participate in
government
1. The right to life
fundamental human right and cannot
be subject to derogation even in war or
in states of emergency .
• Unlike the prohibition of torture or
slavery , however , the right to life is
not an absolute right .
State obligations Controversial issues to the
➢ Protect individuals against right to life
arbitrary interference by Government 1. Capital punishment
agents ➢ The issue of the death penalty is
central to the right to life .
➢ Obliges States to take positive ➢ Share many similarities with the
measures in order to provide history of and debates two other
protection from arbitrary practices : slavery and torture .
killings , enforced disappearances ➢ Slavery, widely practiced in the
and similar violent acts committed by world throughout history.
paramilitary forces , organized crime
➢ Torture was routinely accepted as
part of criminal procedure until the
Parliamentarians can contribute to
Enlightenment.
the realization of the right to life by
➢ Both practices are now absolutely
ensuring that :
forbidden
➢ Improve the situation with regard
➢ There has been only comparatively
to the rights to food , health , security ,
slow progress towards abolition of
peace and an adequate standard of
the death penalty.
living
➢ Provide staff such as police
officers and prison guards with
training in order to minimize
the probability of violations of the
right to life
➢ Measures are taken to reduce
infant mortality and increase life
expectancy , especially
by eliminating malnutrition and
epidemics .
2. Abortion
➢ Do not explicitly determine the
point at which the protection of life
begins .
➢ Some legal scholars have
maintained that legal protection of
the right to life begins when the
fetus is able to survive on its own .
➢ Interpretation, persons who carry
out abortion before approximately
the end of the first trimester of
pregnancy may be exempted from
criminal responsibility for their
actions .
➢ After the first trimester, the
positive obligation of the State would
arise , and the right of the unborn
child to life must be balanced against vulnerable to imposed measures of
other human rights , in particular the euthanasia .
mother's rights to life , and possibly
her right to health and privacy as well .• But in the case of a terminally ill person
3. Genetic engineering
• To modify the human genome may
be undertaken only for preventive ,
diagnostic or therapeutic purposes ,
and solely if its aim is not to introduce
any modification in the genome of any
descendants
• First Additional Protocol aims at the
prohibition of cloning human beings
• Second Additional Protocol
concerns the transplantation of
organs and tissues of human
origin .
4. Euthanasia
• The obligation of States to protect the
right to life applies especially to the in
curably ill, to persons with disabilities and
to other people who are particularly
who explicitly and seriously wishes to die ,
the obligation to protect the right to life
must be weighed against other human
rights enjoyed by that person , above all
the right to privacy and dignity
2. The right to personal integrity 3. The right to personal liberty
and dignity (absolute right)
• Article 3 of UDHR " Everyone
• Prohibition of torture and cruel , has the right to life , liberty and
inhuman or degrading treatment security of the person
or punishment
• Article 9 of UDHR " No one
• The right to personal integrity shall be subjected to arbitrary
and dignity arrest , detention or exile

• " Article 5 of UDHR " No one • Article 9 ( 1 ) of CCPR "

shall be subjected to torture or to Everyone has the right to liberty
cruel , inhuman or degrading and security of person . No one
treatment or punishment” . shall be subjected to arbitrary
arrest or detention .
• Article 7 of CCPR “ No one shall
be subjected to torture or to cruel ,
inhuman or degrading treatment
or punishment . “

• In particular, no one shall be

subjected without his
free consent to medical or
scientific experimentation.
 WHAT RIGHTS DOES A PERSON 4. The right to a fair trial
HAVE WHILE IN CUSTODY ?
• Article 6 of UDHR " Everyone has
• Right to be informed promptly of the the right to recognition everywhere
reasons as a person before
• Right to be assisted by a lawyer of the law . "
their choice .
• Right to communicate with the • Article 7 of UDHR " All are equal
outside before the law and are entitled
• Right to be brought promptly before without any discrimination to equal
a judge protection of the law . "
➢ Assess whether there are
sufficient legal grounds for the arrest • Article 8 of UDHR " Everyone has
➢ Assess whether detention before the right to an effective remedy by
trial is necessary the competent national tribunals for
➢ Safeguard the well - being of the acts violating the fundamental rights
detainee granted him by the constitution or by
➢ Prevent violations of the detainee's law . "
fundamental rights .
• Right to be tried within a reasonable • Article 10 of UDHR " Everyone is
time or else be released . entitled in full equality to a fair and
• Right to habeas corpus public hearing by an independent
• The court must decide without and impartial tribunal , in the
delay , normally within a few days or determination of his rights and
weeks , on the lawfulness of the obligations and of any criminal
detention and order immediate charge against him . "
release if the detention is unlawful .
5. The right to privacy and the
protection of family life

• Article 12 of UDHR " No one shall be

subjected to arbitrary interference
with his privacy , family , home or
correspondence , nor to attacks upon
his honor and reputation . Everyone
has the right to the protection of the
law against such interference or
attacks . "

• Article 16 of UDHR " 1. Men and

women of full age , without any
limitation due to race , nationality or
religion . have the right to marry and
to found a family . They are entitled
to equal rights as to marriage , during
marriage and at its dissolution .