Conceptual &Philosophical

Foundations of Human Rights

PROF. G. MENELIK
WWU-MUENSTER, GERMANY 2005
MODIFIED FOR IPLG- AFRICA UNIVERSITY 2014
 OUR PAST STORIES

We must recognize our

ancestors and elders,
whose shoulders we are
standing upon!
FRAMING OUR HUMAN
RIGHTS QUESTIONS

 What are the historic and philosophical

foundations for “human rights”?

 What are the underlying principles of the

Universal Declaration of Human Rights?

 How does the Universal Declaration of Human

Rights and our stories connect to Human Rights
Education?
How do we tell our story of the
evolution of human rights and
human rights education?
 Philosophical Visions:
Human Nature - A search for Common secular inquiry
and human reason

 400 B.C.E. est. - Mo Zi founded Mohist School of Moral

Philosophy in China
Importance of duty, self-sacrifice, and an all-embracing respect for others –
“universally throughout the world”

 300 B.C.E. est. – Chinese sage Mencious

Wrote on the “human nature” – “humans are fundamentally good, but
goodness needs to be nurtured”

 300 B.C.E. est. – Hsun-tzu

Asserted “to relieve anxiety and eradicate strife, nothing is a effective as the
institution of corporate life based on a clear recognition of individual rights”
 Philosophical Visions:
Human Nature

 1750 B.C.E. – King Hammurabi in Babylon

Necessary to honor broad codes of justice among people. Created one of the earliest
legal codes to govern behavior – “let the oppressed man come under my statue” to seek
equal justice in law

 Ancient Egypt
Explicit social justice – “comfort the afflicted…refrain from unjust punishment. Kill
not…make no distinction between the son of a man of importance and one of humble
origin”

 Early Sanskrit writings in Indian

Responsibility of rulers for the welfare of people. “Noone should be allowed to suffer…
either because of poverty or of any deliberate actions on the part of others”
 Philosophical Visions:
Human Nature with Spiritual/Religious Traditions

 300 B.C.E. – Ashoka of India

Freedom of worship and other rights of his subjects. Other leaders from this area impartial
justice and social equality and no castes should exist since all are from one tree

 16th century - Hindu philosopher Chaitanya

“There is only one caste – humanity”

 Sikh leader Guru Gobind Singh

Proclaimed “recognize all the human race as one”

 10th Century - Al-Farabi, an Islamic Philosopher

Wrote The Outlook of the People of the City of Virtue, a vision of moral society in which all
individual were endowed with rights and lived in love and charity with their neighbors.
 Philosophical Visions:
Natural Law – focused on universal responsibilities
and duties rather than what are now described as rights

 Greek Philosophers
Equal respect for all citizens (insotimia). Equality before the law (isonomia). Equality in
political power (isokratia) and Suffrage (isopsephia).

 Marcus Tillius Cicero

“Universal justice and law guided human nature to act justly and be of service to
others” – This natural law “binds all human society” together, applies to every member
of “the whole human race” without distinction and unique dignity of each person.

 French philosopher Jean-Jacques Rousseau (1762) “Man is born free,

but everywhere he is in chains”
 Precursors to 20th Century Human
Rights Documents
 1648
 Treaty of Westphalia, Europe
 1750 B.C.E.  1689
 Code of Hammurabi, Babylonia
 English Bill of Rights, England
 1200 - 300 B.C.E.
 Old Testament
 1776
 551 - 479 B.C.E.
 Declaration of Independence, United States
 Analects of Confucius  1787
 40 - 100 C.E.  United States Constitution
 New Testament  1789
 644 - 656 C.E.  French Declaration on the Rights of Man and
 Koran the Citizen, France 1791 -United States Bill of
Rights
 1215
 Magna Carta, England
 1400
 Code of Nezahualcoyotl, Aztec
 19th and 20th Century Human
Rights based on Natural Rights

 1863: Emancipation Proclamation, United States

 1864 & 1949: Geneva Conventions, International Red Cross
 1919: League of Nations Covenant, International Labor
Organization (ILO) Created
 1920: Women gain the right to vote in the U.S.
 1926: Slavery Convention
 1945: United Nations Charter, San Francisco
 1947: Mohandas Gandhi uses non-violent protests leading
India to independence.
 Philosophical Visions:
Human Rights & the Social Construction of Human Nature

A Moral Vision of Human Nature

Human Rights set the limits and requirements of social (especially state)
action. But the state and society, guided by human rights, play a major role in
realizing that “nature.” When human rights claims bring legal and political
practice into lines with their demands, they create a person in line with a moral
vision. (Donnelly, 2003)

“Human Rights Theories and documents point beyond actual conditions of

existence to what is possible.”
“Treat a person like a human being and you’ll get a human being.”
What are the Human Rights
Principles?
 The rights that someone has simply Core Principles:
because he or she is a human being
& born into this world.  Human Dignity
 Equality
 Non-discrimination
 Universality
 Interdependency
 Indivisibility
 Inalienability
 Responsibilities
 What are the Common Myths about
Human Rights in U.S.?

 Human Rights = civil rights.

 Economic, Social, and Cultural Rights (i.e.,
healthcare, housing) are privileges.
 Human Rights applies only in poor, foreign
countries.
 Human Rights are only concerned with violations.
 Only lawyers can understand the significance of
Human Rights.
Five Primary Categories of
Human Rights:
Civil Rights
Political Rights
Economic Rights
Social Rights
Cultural Rights
 Universal of Declaration of Human
Rights History and Current Status

The Universal Declaration of Human Rights (UDHR) was drafted by

the UN Commission on Human Rights chaired by, then first lady,
Eleanor Roosevelt. The UDHR was adopted by the 56 member
nations of the UN General Assembly on December 10, 1948.

December 10th is celebrated around the world as International

Human Rights Day. The 192 member states in the U.N., upon
membership, agreed to educate their citizens about the principles of
the UDHR. Most of these countries have incorporated the principles
of the UDHR into their constitutions.
“The UDHR specifies minimal conditions of a dignified life.”
 Human Rights USA
1997 Survey Results

 Only 8% of adults and 4% of young people are aware the

Universal Declaration of Human Rights exists.
 After learning about the UDHR, a large majority, 83%,
feel that the US should do more to live up to the principles
of the UDHR.
 2/3 of the people polled (63%) say that the poor are
usually discriminated against in US. Others discriminated
against: the disabled (61%), the elderly (54%), gays and
lesbians (51%), Native Americans (50%), and African
Americans (41%).
International Bill of
Human Rights

U n iv e r s a l D e c la r a t io n o f H u m a n R i g h t s
(U D H R )
D e ce m be r 10 , 19 48

In t 'l C o v e n a n t o n C iv il a n d P o lit ic a l R ig h ts In t 'l C o v e n a n t o n E c o n o m ic , S o c ia l a n d C u lt u r a l R ig h ts

(IC C P R ) (IC E S C )
A d o p t e d b y U N G e n e r a l A s s e m b ly in 1 9 6 6 A d o p t e d b y t h e U N G e n e r a l A s s e m b ly i n 1 9 6 6
E n t e r e d in to F o r c e in 1 9 7 6 E n t e r e d in t o F o r c e in 1 9 7 6

2 O p tio n a l P r o to c o ls to th e IC C P R
( M e m b e r n a t i o n s p e r m i t i n d i v id u a l s o r g r o u p s
t o r e p o r t p e r s o n a l h u m a n r ig h t s v i o l a t i o n s t o t h e
U N H u m a n R ig h t s C o m m it t e e )
Selected Human Rights
Conventions/Treaties

 International Convention on the Elimination of all

forms of Racial Discrimination, 1966
 Convention on the Elimination of all Forms of
Discrimination against Women, 1979
 Convention on the Rights of the Child, 1989
How do we move from
learning about Human Rights
to promoting and protecting
them on a personal and
community level?
 OUR PRESENT STORIES

We must share, listen, and

respect each other’s
stories and journeys,
working for human rights
and human rights
education!
Personal and Community
Human Rights Learning Wheel
KRP - 1999

Inspire Know

Celebrate Value

Reflect Connect

Act Heal
Building Blocks for Human
Rights Education
 BLOCK 1 – THINKING
Know your human rights
 BLOCK 2 – FEELING

Value your human rights

 BLOCK 3 - EQUIPPING

Learn new human rights Skills

 BLOCK 4 – ACTING

Practice human rights

Measuring the Impact and
Being Accountable
 STEP 1 – MEASURING IMPACT
What are initial outcomes?
 STEP 2 – REFLECTING
Was our intent the impact?
 STEP 3 – COMMUNICATE OUR
LEARNING & JOURNEYS
Can we connect and hold each other accountable?
 STEP 4 – CELEBRATE OUR EMERGING
PRACTICES
Can our work be a means rather than an end?
Who are the Stakeholders and Responsible
Partners in our
Human Rights Community?

Governor
Mayor and City Council
Elected Officials and Dept of Human Rights
Ombudsman & HR League/Commissions
School Suprintendent
Principals and University Deans/President
Teachers, Faculty, and Staff
Students
Parents
Police & Law Enforcement
NGOs/Non-Profit Organizations
Philanthropic Donors and Funders
Libraries, Hospitals, and Parks
Largest Private Employers
How will we gauge the Progress in Realizing our
Human Rights Community?

Annual HR Statical Report Card

Community Testimonies

Public Education and Events

Public Accommodations

Graduation Rates

Income Comparisons

Hiring Trends in Public and Private

Sectors
Recruitment of People of Color in
Educational Institutions
Arrests and Conviction Rates &
Legal Assistance
Homeownership Rates

Slice 11
What is Human Rights Education?
1993 Vienna Declaration and
Programme of Action, Part 1, para. 33

“The World Conference on Human Rights reaffirms

that States are duty-bound…to ensure that
education is aimed at strengthening the respect of
human rights and fundamental freedoms [and that]
this should be integrated in the educational policies
at the national as well as international levels.”
The UN resolution declaring the
Decade for Human Rights Education,
1995-2004

Human rights education should involve more than

the provisions of education and should constitute a
comprehensive life-long process by which people at
all levels in development and in all strata of society
learn respect for the dignity of others and the means
and methods of ensuring that respect in all societies.
The World Programme for Human
Rights Education (A/59/525/Rev. 1)

Human rights education can be defined as

education, training and information aiming at
building a universal culture of human rights through
the sharing of knowledge, imparting of skills and
moulding of attitudes directed to:
(a) The strengthening of respect for human rights and fundamental
freedoms;
(b) The full development of the human personality and the sense of
its dignity;
(c) The promotion of understanding, tolerance, gender equality and
friendship among all nations, indigenous peoples and racial,
national, ethnic, religious and linguistic groups;
(d) The enabling of all persons to participate effectively in a free
and democratic society governed by the rule of law;
(e) The building and maintenance of peace;
(f) The promotion of people-centered sustainable development and
social justice.
 The World Programme for Human
Rights Education Launched
January 1, 2005 – December 31, 2007

• Resolution 2004/71 of the Commission on Human

Rights supported the first phase (2005-2007) of the
World Program for HRE to focus on primary and
secondary school systems.

• UN General Assembly adopted resolution in support

of The World Programme for HRE (12/10/05)

• Revised draft plan of action for the first phase

(2005-2007) of the World Programme for HRE
What is the Human Right to
Education?
 Everyone has the human right to education, training and
information

 Education should be directed to the full development of the

human personality and the strengthening of human rights
and fundamental freedoms.
Governments’ Obligations to Ensuring
the Human Right to Education

 “Everyone has the right to education….Education shall be

directed to the full development of the human personality
and to the strengthening of respect for human rights and
fundamental freedoms.” UDHR, Article 26
 “State parties undertake to prohibit and to eliminate racial
discrimination…and to guarantee the right of everyone
without distinction as to race, colour, or national or ethnic
origin…in the enjoyment of…the right to education and
training.” CERD, Article 5
 ICESCR (Art. 13), CRC (Art. 29), & CEDAW (Art. 10).
 In response to new World Programme on HRE,
Governments need to develop plans for HRE in primary and
secondary school education.
HUMAN RIGHTS EDUCATION for
PEACE BUILDING:
A Planning & Evaluation Handbook
Recommendations to International and
National Actors Based on research in
El Salvador, Guatemala, Liberia, Mexico
and Sierra Leone
 
Paul Martin,Tania Bernath, Tracey
Holland
Loren Miller
DRAFT 10/28/2002
“Human Rights Education is a means towards social
change; a tool to transform the theory and practical
applications into everyday social practice.”

“In conflict situations and in peace building, HRE

must be seen to benefit the target populations’ daily
lives.”
Paul Martin et al
“HRE focuses especially on social goals and ideals
that emphasize the dignity of all human beings and
the need for laws and institutions that enforce those
standards. In so doing, HRE contributes directly to
the process of building a society based on freedom,
peace and Justice.”
Paul Martin, et al.
CORE COMPONENTS OF HUMAN
RIGHTS EDUCATION PROGRAMS

(1) You have rights and members of

government are obliged to protect
and promote them; and

(2) You can gain the knowledge and

skills to use to protect and
implement those rights in real life
and subsequently improve your and
community-wide living conditions.
 
Paul Martin,Tania Bernath, Tracey Holland
Loren Miller (Draft 2002)
HRE PROGRAM
I. WHY? Goal Setting Questions

(1) What do we hope to achieve through

HRE?
(2) How will the promotion of human
rights contribute to goal(s)?
(3) In the absence of an effective local
government, how can common rules based
on international standards become part of
national law and be enforced to ensure
respect for these rights for both nationals
and expatriates alike?
I. WHAT Content & Skills? Questions to
Determine Content/Skills

(1) What are the participants greatest concerns

and how do they relate to human rights?
(2) What human rights concerns have the
participants identified?
(3) What articles from which international
documents in human rights and humanitarian
law reflect the concerns of this population at
this time?
(4) How are human rights principles reflected
in the activities of state and local Institutions?
(5) What skills do we need to gain to redress
these concerns?
III. HOW TO CHOOSE PROCESS &
METHODS?
Questions About
Implementation
(1) How can we engage the participants in the learning
process?
(2) What approaches will make these topics come
alive for the participants?
(3) How should one organize and structure the goals
and topics to be taught?
(4) What do participants learn from the way that we
facilitate process?
(5) How can we use the classroom dynamic to
reinforce our goals and topics?
(6) What methods will best help participants learn
and apply this knowledge?
IV. WHO are actors in
teaching/training and learning?
Questions for Determining Actors
(1) What arenas of society should be the
focus for human rights education?
(2) What experience, talents, and skills
will best serve the educational and human
rights goals?
(3) How can local and international efforts
best be combined in the application of
human rights education?
(4) What kinds of experts are needed to
implement human rights education?

Paul Martin,Tania Bernath, Tracey Holland, and Loren Miller (Draft

2002)
What are some models and
effective practices in HRE
Programs in the U.S. and the
Americas?
National Human Rights Resource
Center http://www.hrusa.org
 Passports on Universal Declaration of HR and
Convention on the Rights of Child (@ 1/2 million
distributed)
 Human Rights Here & Now Curriculum
(@25,000 distributed)
 “Taking Your Human Rights Temperature of
Your School” (adapted/translated into numerous
other languages)
 Human Rights and Peace Bookstore
 National Training of Trainers HRE Institutes
National Human Rights Resource
Center – U of MN
 Beyond September 11 Curriculum –
http://www.beyondseptember11.org
 Human Rights Education Handbook:
Effective Practice for Learning, Action &
Change http://www.hrusa.org
 “Dismantling Racism and Human Rights”
Workshops for Trainers
 Partnering on Training for the Police, FBI,
Judiciary, and New Immigrants
 Police and Civilian Review Board
Human Rights Library –
http://www.umn.edu/humanrts
 Largest Primary human rights documents Web
site available in 6 languages: Spanish,
English, French, Russian, Arabic, Japanese.
Chinese is coming soon.
 @ 120,000 hits in one month period.
 @ 3,500 Human Rights Links.
 Link to the Resource Center for full-text
training resources free on-line.
 New UN Guidelines on Transnational
Corporations & HR now available.
This is My Home: A Minnesota HRE
Experience - 2005

Primary and (1)To create learning

environments for all
Secondary School students to develop to
HRE initiative full potential
(2)To motivate all
members of school
community to take
responsibilities for HRE
(3)To share effective
practices on Web site
Minnesota Global, Human Rights, and
Peace Education Network

(1) CENTER FOR VICTIMS OF TORTURE. Works with

teachers to help them understand unique needs of students
and families coming from War-torn countries.
(www.cvt.org)
(2) MN ADVOCATES FOR HUMAN RIGHTS. Has
implemented a full “Rights Sites” approach with 8 schools
and also developed a “Building Immigrant Awareness &
Support” curriculum and video. (www.mnadvocates.org)
(3) MN INTERNATIONAL CENTER. Brings immigrants
and refugees into classrooms to speak about their
countries. (www.mic.org)
Minnesota Global, Human Rights, and
Peace Education Network

(4) RESOURCE CENTER FOR THE AMERICAS. Conducts teacher

training, hosts a bi-lingual curriculum bookstore, and runs a youth-
lead Child Labor Project. (www.americas.org)
(5) U of MN HUMAN RIGHTS RESOURCE CENTER. Works with St.
Paul School District on “Respect and Human Rights Campaign”
Coaching and Curriculum Integration (www.hrusa.org)
(6) WORLD CITIZENS. Works with schools to become peace sites and
integrate human rights and peace curriculum.
Measuring Human Rights Community
“Temperature”
Moorhead Residence Survey on Discrimination,
Moorhead Chamber of Commerce, 1998

Housing 58%
Health care 19%
Neighborhood 53%
Police 48%
Churches 11%
Shopping 28%
City Govt. 24%
Employment 31%
Martin Luther King, Jr., Last
Speech on April 3,1968
 “Men, for years now, have been talking about war and
peace. But now, no longer can they just talk about it. It is
no longer a choice between violence or non-violence in this
world; it’s nonviolence or nonexistence.
That is where we are today. And also in the human
rights revolution, if something isn’t done, and in a
hurry, to bring the colored peoples of the world out of their
long years of poverty, their long years of hurt and neglect,
the whole world is doomed.”
The U of MN Human Rights
Center
 N-120 Mondale Hall, U of MN Law School
 612-626-0041

 Primary Human Rights Documents

www.umn.edu/humanrts

 Human Rights Education and Training

www.hrusa.org

 Human Rights and Peace Store

www.humanrightsandpeacestore.org
Eleanor Roosevelt, 1958

 “Where, after all do universal rights begin? In small places, close

to home – so close and so small that they cannot be seen on any
maps of the world. Yet they are the world of the individual
person; the neighborhood he lives in; the school or college he
attends; the factory, farm or office where he works. Such are the
places where every man, woman, and child seeks
equal justice, equal opportunity, equal dignity
without discrimination. Unless these rights have
meaning there, they have little meaning anywhere. Without
concerted citizen action to uphold them close to home, we shall
look in vain for progress in the larger world.”