1. Med.hum.II-Human Rights

8/12/2019 1. Med.hum.II-Human Rights

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HUMAN RIGHTSMedical humanities II

2012-2013Prof. Marija Definis-Gojanovi, MD, Ph.D.


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Human rights

Human rights are commonly understood as

"fundamental rights to which a person isinherently entitled simply because she or he

is a human being."

universal(applicable everywhere) and

egalitarian(the same for everyone).

Human rights movement developed in the

aftermath of the Second World War and the

atrocities of The Holocaust, culminating in

the adoption of the Universal Declaration ofHuman Rights.

The modern concept of human rights

developed during the early Modern

period.alongside the


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The modern sense of

human rights can be traced toRenaissance Europe and the

Protestant Reformation.

Magna Carta (1215)required King John of England to proclaim

certain liberties and accept that his will was

not arbitrary

Statute of Kalisz (1264)

gave privileges to the Jewish minority in theKingdom of Poland such as protection from

discrimination and hate speech

History of concept


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In the 19th century, human rights

became a central concern over theissue of slavery

The abolition of slavery was achieved in the

British Empire by the Slave Trade Act

1807and the Slavery Abolition Act 1833

In the United States, all the northern states

had abolished the institution of slavery

between 1777 and 1804

History of concept


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20th century:

labor unions

womens right movement

national liberation movementsmovement

History of concept


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The establishment of the International

Committee of the Red Cross, the 1864

Lieber Code and the first of the

Geneva Conventions in 1864 laid the

foundations of International

humanitarian law, to be further

developed following the two Worldwars

The League of Nations,1919, -

negotiations over the Treaty of

Versailles following the end of WorldWar I.

At the 1945 Yalta Conference, the

Allied Powers agreed to create a new

body to supplant the League's role;

this was to be the United Nations.

History of concept
http://en.wikipedia.org/wiki/International_humanitarian_lawhttp://en.wikipedia.org/wiki/International_humanitarian_lawhttp://en.wikipedia.org/wiki/International_humanitarian_lawhttp://en.wikipedia.org/wiki/International_humanitarian_law


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1. Civil and political rights

Universal Declaration of Human rights

(UDHR, art. 3-21)

International Covenant on Civil and

Political Rights (ICCPR)

/1st generation/

2. Economic, social and cultural rights

Universal Declaration of Human rights

(UDHR, art. 22-28)

International Covenant on Economic,Social and Cultural rights (ICESCR)

/2nd generation/

3. Right to piece, clean environment...

/3rd generation/

Classification


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Economic, social and cultural rights are argued to be:

positive, meaning that they require active provision

resource-intensive, meaning that they are expensiveand difficult to provide

progressive, meaning that they will take significant

time to implement

vague, meaning they cannot be quantitatively

measured

ideologically divisive/political, meaning that there is no

consensus on what should and shouldn't be provided as

a right

socialistnon-justifiable, meaning that their provision, or the

breach of them, cannot be judged in a court of law

aspirations or goals, as opposed to real 'legal' rights


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United Nations Charter

Article 1(3) states that one of the

purposes of the UN is:

"to achieve international cooperation in

solving international problems of an

economic, social, cultural, orhumanitarian character, and in

promoting and encouraging respect for

human rights and for fundamental

freedoms for all without distinction asto race, sex, language, or religion".

International protection


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The rights espoused in the UN charter

International Bill of Human Rights

Universal

Declaration ofHuman Rights

International

Covenant on

Civil and Political

Rights

InternationalCovenant on

Economic, Social

and Cultural

Rights
http://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rightshttp://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rightshttp://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rightshttp://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rightshttp://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rightshttp://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rights


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Universal Declaration of Human Rights

- was adopted by the United Nations General Assembly in 1948

- was a non-binding resolution; now considered by some to

have acquired the force of international customary lawwhich

may be invoked in appropriate circumstances by national and

other judiciaries

"It is not a treaty...[In the future, it] may wellbecome the international Magna Carta.

Eleanor Roosevelt with the Spanish text of

the UDHR in 1949.

International protection
http://en.wikipedia.org/wiki/Custom_(law)http://en.wikipedia.org/wiki/Custom_(law)


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Articles 1 and 2 are the foundation

blocks: their principles of dignity,

liberty, equality and brotherhood.

Articles 311: rights of theindividual, such as the right to life

and the prohibition of slavery.

Articles 1217: rights of the

individual in civil and politicalsociety.

Articles 1821: spiritual, public and

political freedoms such as freedom

of religion and freedom of

association.

Articles 2227: social, economic

and cultural rights.


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Universal Declaration of Human Rights

The Guinness Book of Records

describes the UDHR as the

"Most Translated Document" in

the world

It is a fundamental constitutive

document of the United

Nations

Commemoration:

International Human Rights

Day

Significance and legal effect

10 December


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International treaties

- generally known as human rights instruments- some of the most significant (with ICCPR and ICESCR) are:

Convention on the Elimination of All Forms of Racial

Discrimination

Convention on the Elimination of All Forms of Discrimination

Against Women

United Nations Convention Against Torture

Convention on the Rights of the Child

Convention on the Rights of Persons with DisabilitiesInternational Convention on the Protection of the Rights of All

Migrant Workers and Members of their Families
http://en.wikipedia.org/wiki/Convention_on_the_Elimination_of_All_Forms_of_Racial_Discriminationhttp://en.wikipedia.org/wiki/Convention_on_the_Elimination_of_All_Forms_of_Racial_Discriminationhttp://en.wikipedia.org/wiki/Convention_on_the_Elimination_of_All_Forms_of_Discrimination_Against_Womenhttp://en.wikipedia.org/wiki/Convention_on_the_Elimination_of_All_Forms_of_Discrimination_Against_Womenhttp://en.wikipedia.org/wiki/United_Nations_Convention_Against_Torturehttp://en.wikipedia.org/wiki/Convention_on_the_Rights_of_the_Childhttp://en.wikipedia.org/wiki/Convention_on_the_Rights_of_Persons_with_Disabilitieshttp://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Protection_of_the_Rights_of_All_Migrant_Workers_and_Members_of_Their_Familieshttp://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Protection_of_the_Rights_of_All_Migrant_Workers_and_Members_of_Their_Familieshttp://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Protection_of_the_Rights_of_All_Migrant_Workers_and_Members_of_Their_Familieshttp://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Protection_of_the_Rights_of_All_Migrant_Workers_and_Members_of_Their_Familieshttp://en.wikipedia.org/wiki/Convention_on_the_Rights_of_Persons_with_Disabilitieshttp://en.wikipedia.org/wiki/Convention_on_the_Rights_of_the_Childhttp://en.wikipedia.org/wiki/United_Nations_Convention_Against_Torturehttp://en.wikipedia.org/wiki/Convention_on_the_Elimination_of_All_Forms_of_Discrimination_Against_Womenhttp://en.wikipedia.org/wiki/Convention_on_the_Elimination_of_All_Forms_of_Discrimination_Against_Womenhttp://en.wikipedia.org/wiki/Convention_on_the_Elimination_of_All_Forms_of_Racial_Discriminationhttp://en.wikipedia.org/wiki/Convention_on_the_Elimination_of_All_Forms_of_Racial_Discrimination


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may protect some human rights, such as the prohibition of

torture, genocide and slavery and the principle of non-

discrimination

Customary international law


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The Geneva Conventions came into being between 1864 and

1949 as a result of efforts by Henry Dunant, the founder of the

International Committee of the Red Cross.

International humanitarian law

I t ti l h it i l


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The Geneva Conventions comprise four treaties, and three

additional protocols, that establish the standards of

international law for the humanitarian treatment of the victims of

war. The articles of the Fourth Geneva Convention (1949)

extensively defined the basic, wartime rights of prisoners (civil

and military); established protections for the wounded; and

established protections for the civilians in and around a warzone.


I t ti l h it i l


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Two Protocols were adopted in 1977 that extended the terms of

the 1949 Conventions with additional protections.

In 2005, a third brief Protocol was added establishing an

additional protective sign for medical services, the Red Crystal,

as an alternative to the ubiquitous Red Cross and Red

Crescent emblems, for those countries that find them

objectionable.


I t ti l h it i l


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Nations who are party to these treaties must enact and enforce

legislation penalizing any of these crimes, are obligated to

search for persons alleged to commit these crimes, or orderedthem to be committed, and to bring them to trial.

The principle of universal jurisdiction also applies to the

enforcement of grave breaches when the UN Security Council

asserts its authority and jurisdiction from the UN Charter toapply universal jurisdiction. The UNSC did this via the

International Criminal Court.



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Summary of main points about Geneva Conventions

The First Protocol The Second Protocol

extends theConventions,

taking into

consideration

modern means of

warfare and

transport andaiming to give

further protection

to civilians

The Forth Protocol

provides a code ofminimum

protection for the

combatants and

the civilian

population during

civil wars. Theyembody the main

idea which led to

the founding of the

Red Cross

covers members ofthe armed forces

who fall into

enemy hands.

They are in the

power of the

enemy State, notof the individuals

or troops who

have captured

them

covers all individuals "who do not belong to the

armed forces, take no part in the hostilities

and find themselves in the hands of the

Enemy or an Occupying Power"

The Third Protocol


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R i l d ti l h i ht i


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Regional and national human rights regimes

Regional human rights regimes

Non-governmental Organizations

Human rights defenders

National preventive mechanism

Documents

1. Med.hum.II-Human Rights