7/18/2019 Human Rights Law

http://slidepdf.com/reader/full/human-rights-law-56977b8b23f31 1/3

1. What are the three generations of human rights? Cite example under each set and explain

the distinctive features of each.

The following are the generations of human rights:

First Generation/ !lue rights" # the civil and political rights$. These rights are negativel%

constructed to protect and individual from the state and such right is strongl% individualistic.

• Right to vote

• Right to assemble

• Right to free speech

• Right to a fair trial

• Right to freedom from torture, abuse

• Right to protection of the law

Second Generation/ “red rights” (Economic, Social and Cultural Rights).

These rights are not possessed directly by individuals and this requires affirmative

Government action for its realization.

• Right to education

• Right to housing

• Right to health

• Right to employment

•

Right to an adequate income• Right to social security

Third Generation/ “Green rights” (Collective Rights)- these are the rights of 

people and groups held against their respective states. These rights maybe invoked

against the states or demanded from it but most of all it can only be realized through

concerted efforts of all actors in the social scene which are the individuals, the State,

public and private bodies and the international community.• Right to economic development

• Right to prosperity

• Right to benefit from economic growth

• Right to social harmony

• Right to a healthy environment, clean air and water, etc.

7/18/2019 Human Rights Law

http://slidepdf.com/reader/full/human-rights-law-56977b8b23f31 2/3

&. 'oes the so(called three generations of human rights) as conceptuali*ed) create a

hierarch% such that one set of rights is superior over the other?

 +o. The% are all e,uall% important and must not !e ran-ed in a hierarch%. ach generation of 

rights !elong together with the other and each is necessar% so that none is sufficient without theother.

There are instances however when a hierarchical view of human rights are applied in case when

there is famine for instance) agencies will provide food and shelter and will focus on it !ut thedanger of treating it in this manner is that the other rights will !e ignored. ome people perceived

the right to freedom as more important than the right to education and some also gives more

value to the right to food and shelter over the right to freedom.

0ll these generational rights are important and despite the different priorities some people give toeach of these rights) it is important to remem!er that these are indivisi!le rights all these are

e,uall% important and must !e treated in such awa% that none is more important than the other.

. Compare and contrast human rights law and humanitarian law.

2umanitarian law applies in situations of armed conflict #see 34$) whereas human rights) or at

least some of them) protect the individual at all times) in war and peace ali-e.

2uman rights law and humanitarian law are !oth international su!5ects however the latter treaties

are all international in scope while the former can !e international or regional. 6oth these laws protect persons against ar!itrar% and unnecessar% cruel treatment however the% differ in origin)reasoning and approach. 2uman rights law are articulated as rights and then !alance !etween

individuals and states created through limitation clauses and derogation possi!ilities. The

2umanitarian laws !alance !etween militar% necessit% and humanit% and are then developedthrough practice then through treat% law.

7. xplain the concept of dut%(!earers and rights holders

'ut%(6earers( these refers to the state actors who have particular o!ligation or responsi!ilit% to

respect) promote and reali*e human rights and a!stain from human rights violations.

8ights holders( these are the individuals or groups who has entitlement in relation to specific

dut% !earer.

o when a person has a right) someone has to protect and fulfill these rights. xample of dut%

 !earers are the tates) 9arents and the nternational Communit% while example of right holder are the women and girls.

7/18/2019 Human Rights Law

http://slidepdf.com/reader/full/human-rights-law-56977b8b23f31 3/3

eatwor-