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TABLE OF CONTENTS Sr.no . Title Page.n o. 1 Introduction 6 2 Review of Literature 7 3 Objective 7 4 Human Rights 5 Hypothesis 7 6 Statement of Problem 8 7 Sources of data 8 8 Three generation of human rights 9 9 Poltics of rights 12 10 Conflict between the generations 14 11 Law on human rights 17 12 Conclusion 21 13 References 22 1

Nature of Human Rights in Third Generation

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Page 1: Nature of Human Rights in Third Generation

TABLE OF CONTENTS

Sr.no. Title Page.no.

1 Introduction 6

2 Review of Literature 7

3 Objective 7

4 Human Rights

5 Hypothesis 7

6 Statement of Problem 8

7 Sources of data 8

8 Three generation of human rights 9

9 Poltics of rights 12

10 Conflict between the generations 14

11 Law on human rights 17

12 Conclusion 21

13 References 22

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NATURE OF HUMAN RIGHTS IN THIRD GENERATION

INTRODUCTION-

Human rights are commonly understood as inalienable fundamental rights to which a person is

inherently entitled simply because she or he is a human being. Human rights, like we know them

today, are the product of a long revolutionary historical process as a reaction to concrete threats

to human dignity. Due to their different historical, religious, political and cultural origins, “three

generations” of human rights became apparent. The side event aims at the analysis of the

similarities of these three generations, focusing on the collective dimensions of human rights.

First generation human rights in general are civil or political by nature.

Second generation human rights as laid down in the United Nations International Covenant on

Economic, Social and Cultural Rights (ICESCR) refer to the assurance of adequate social and

material general set-ups (e.g. the Right to Food, the Right to Education) for individuals.

Unlike dealing with first- and second-generation of human rights under this aspect, the

classification of “third generation rights” into traditional juridical categories appears to be quite

difficult. It has been the basis for controversial political and juridical discussions over several

decades until today. In comparison to “first”- and “second generation rights”, solidarity rights do

not primarily focus on the protection of the autonomous individual. They rather address more

directly the collective of social groups or peoples. This project will deal with the various aspect

of human rights in the third generation and the laws relating to and regulating human rights.

We are human beings. What does it mean to be a human being? How are human beings different

from the other living beings.

In terms of life sciences humans are primates of the family of homo-sapiens wherein they belong

to the genus, homo and species, sapiens. In histor (Placeholder1)iy, human beings have been

described as civilized living beings capable of communicating with the help of language and

those who started the system of living in an organized society.

In political science, human beings have been defined as those

social or political living beings who developed the system through

which a human society would function in an organized and lawful manner. Human beings are the

most evolved and therefore the most complex among the living organisms on the earth. We are

known to be social beings and cannot live without society. Peaceful coexistence is the basis of

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our life and thus it is important to have respect as well as protect the life of eachother. What is

special about being human? As humans, we can think and articulate thoughts, we also have a

sense of right and are wrong, which is our conscience. Human beings may be different in colour,

gender, caste, size and even shape but we are still human and have the same basic human rights.

REVIEW OF LITERATURE

Rethinking "Third Generation" Human Rights - Classifying human rights according to

"generations" is a form of their characterization. This approach considers civil and political

rights as the first generation; economic, social and cultural rights as the second; and a new

category named "collective rights" or "rights of peoples" as the third generation. The subject

matter of this article is simply an attempt to reconsider the last generation. In this context, having

revealed the arguments in the field of those rights, in brief, this paper will discuss whether or not

the approach of "generations of rights" can contribute to the protection of human rights in

general, and whether it is a natural product of evolution of the theory of human rights.

Particularly helpful in this regard is the notion of three “generations” of human rights advanced

by the French jurist Karel Vasak. Inspired by the three themes of the French Revolution, they

are: the first generation, composed of civil and political rights (liberté); the second generation of

economic, social, and cultural rights (égalité); and the third generation of solidarity or group

rights (fraternité). Vasak’s model is, of course, a simplified expression of an extremely complex

historical record, and it is not intended to suggest a linear process in which each generation gives

birth to the next and then dies away. Nor is it to imply that one generation is more important than

another, or that the generations (and their categories of rights) are ultimately separable. The three

generations are understood to be cumulative, overlapping, and, it is important to emphasize,

interdependent and interpenetrating.

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OBJECTIVES

1. The changes occurred in human rights

2. Does human rights actually prevails?

3. The politics that were there in human rights.

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HUMAN RIGHTS -

Human rights are rights to which all the human beings are entitled, simply because we are human

our human rights are inalienable and they belong to all of us, whatever our caste, class, race, age,

gender, religion or belief, and should not taken away from us under any circumstances. The term

‘human rights’ covers a broad range of rights, from the right to freedom of religion to the right to

food and shelter. All are as important as eachother and are owned to us in equal measure.

Human rights are universal. This means that human rights are so important that the international

community has deemed that everyone has them, regardless of where they live, or their economic,

social or political situation. Regardless of whether you live in china, the United States, India, or

any other country, you have certain rights that are guaranteed by international law, and

sometimes also by domestic law. Human Rights are not a ‘western concept’. For example, no

culture in the world has ever condoned torture or extra-judicial executions.

There are two main kinds of rights:-

1. Economic, social and cultural rights

2. Civil and political rights.

Universal declaration of human rights:-

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all

members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have

outraged the conscience of mankind, and the advent of a world in which human beings shall

enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the

highest aspiration of the common people, It is also essential, if man is not compelled to have

recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be

protected by the rule of law, It is also essential to promote the development of friendly relations

between nations,the promotion of universal respect for and observance of human rights and

fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the

greatest importance for the full realization of this pledge, Now therefore, The general assembly,

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proclaims this universal declaration of human rights as a common standard of achievement for

all peoples and all nations, to the end that every individual and every organ of the society,

keeping this declaration constantly in mind, shall strive by teaching and education to promote

respect for these rights and freedoms and by progressive measures, national and international, to

secure their universal and effective recognition and observance, both among the peoples of

Members States themselves and among the peoples of territories under their jurisdiction.

Human rights are certain principles that set out standards of human behavior and are regularly

protected as human rights.

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HYPOTHESIS

There is a rising concern of human rights all over the world

Whether there is a central regulation authority of Human rights.

STATEMENT OF PROBLEM

What is the conflict between the generations of rights?

What is the history of human rights in India?

What does the third generation human rights mean?

THREE GENERATIONS OF HUMAN RIGHTS

The use of the term ‘generation’ was never meant to imply any distinct historical difference or

hierarchy of one generation over another. This is largely due to interrelatedness of all human rights.

The “First Generation” in the seventeenth and eighteenth century human rights is represented by civil

and political rights of the individuals or the liberty oriented rights. The “Second Generation” human

rights,

Correspond to the protection of economic, social and cultural rights. They are called security oriented

as they provide for social, economic and cultural security. They are more positive in nature than

negative. The “Third Generation” human rights are also called “solidarity rights”. They are concerned

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with the rights of groups and people, rather than of individuals. They are not universally accepted in the

international community as such.

The human rights mentioned and discussed above are not allowed to be enjoyed by every individual.

Women, children SC/ST persons, religious minorities, HIV/AIDS patients, refugees and other

marginalized sections of the society are much prone to human rights violation. Hence, this study aims

at bringing out to light the torments suffered by victims of human rights violation. As it is not possible

to include all the groups in a study, only select groups of very important nature namely, women and

dalits are included in the present study.

CONFLICT BETWEEN GENERATION OF RIGHTS

Rights multiplication process led to the emergence of some frictions, conflicts between them. Thus, the

generation of socio-economic rights , which requires the commitment and support of the state in the

economy, for example , restrict the rights of the first generation and the right

Or the rights to limit the power of the state (the issue of new taxes and control of their

implementation) . Or, for example,

• the right to education , education and freedom of scientific research conflict with the field of genetic

manipulation;

• the right to security of the person . Conflict with the law of privacy

It is estimated that the conflict between the rights of individuals from different generations or between

them and the people jurisdize goals ( fourth-generation rights ) and a factor in the crisis , a potential

threat to the rule of law. People qualified man makes the universal rights of individuals are cross-

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border interest , for consideration at the international level is the position of the state . It is estimated

that the conflict between the rights in two ways:

• Conflicts between various designs on a fundamental right ;

• protect against conflicts of failure or the exercise of a fundamental right , without violating another

basic right. ;

It is quite possible that the exercise of a fundamental right not plenary another fundamental right ,

without limitation , the right to the technological development in the right environment , the right to

work , Greetings Right to social security . Mrs. Sofia conflict Professor Popescu is on their " existence

of rights (economic, as she explained protected successfully against the various social interests of the

various rights and the rivalry between the values of the various human rights between different

protected generations of human rights and the protection of human rights , social and cultural), and

includes massive second-generation parliament , are in danger of the first generation of human rights

(civil and political rights) .

Thus, the concern and obligation to keep the balance of the exercise of individual rights go to the

government (and not just as the civil society , which make their own contribution can ) . You need to

bring agreement between the interests ( civil and political rights of the first-generation rights ) and

stakeholders ( people human social solidarity of the second generation rights ) . Such a state is the state

of human rights and the modern notion of the social situation of the people.

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HISTORY OF HUMAN RIGHTSFor centuries, women have not only a miscarriage of justice in the world full social, economic and

political , but also the lower part ? They have been used, abused, exploited and then discarded in

immoral behavior and street vagabond life without means, until her death. Although they make up

about half of the total population and have helped and did not sacrifice less than men in national

struggles for freedom, at any time , but you , because were robbed in various fields of activities of their

actions and inhuman and degrading disorders from birth to exposed to death without sin.

The Indian woman as a social evil to be burnt on the pyre of her husband. Today, however, women

have broken their poor social barriers and are willing to challenges of the present, without providing

help and hesitation and therefore on 8 March is strictly respected and celebrated in several countries,

including India, as a sign of integrated services, same rights, the status and dignity of women and their

equal participation in economic, social and cultural development in today's world scenario.

Women make up half the world's population, but they are placed at different positions due to adverse

Gender differences and prejudices. They were dominating the victims of violence and exploitation by

the society of men all over the world. Our company is a tradition in which women were socially,

economically , physically, psychologically and sexually has always been , sometimes, sometimes

written in the name of religion under the pretext of the Scriptures , and sometimes exploited by

connected social sanctions. The concept of equality between men and women was almost unknown to

us. Before the promulgation of the Constitution of India Of course, the Preamble to the Constitution

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that seeks the supreme law of landmark, to guarantee its citizens , including women folk justice?

Social, economic and political, liberty of thought - freedom of expression, to promote faith, faith and

worship, equality and equal opportunities and brotherhood to ensure that the dignity of the person.

The story is a silent witness to the inhuman suffering that man has inflicted on the people .

The right to freedom of man is the sacred right for him and therefore he should not take place without

the sanction of the law. A successful and meaningful life presupposes full of dignity, honor , health and

well -being in modern philosophy . The treatment of people offended human dignity , imposes

avoidable torture and reduces man to the level of the animal would certainly be arbitrary and it is

impossible to code human behavior in every religion.

Justice PN Bhagwati, the Supreme Court of India in Seminar rights Of I.L.A. organized Allahabad

presents in his inaugural speech that the protection of human rights was introduced deep into the

Babylonian laws , the Assyrian laws and laws hittiti Dharm Vedic times in India. Description of the

right to protection has been widely discussed and put to good use by Plato, the Greek and Roman

philosophers. The debate on religious basis. Right to vote, the right to trade, the right to access to

justice for citizens, etc. were donated by the city of the state of Greece.

King John of England granted the English Magna Charta Baron June 15, 1215, that their privileges are

not being attacked and hammered. The importance of the Magna Carta led in the time of John's son ,

Henry III confirmation by the Parliament in the year 1216-1217 was made in 1297 confirmed and

updated by Edward I. Parliamentary Superiority in 1689 by the Petition of Rights and the Bill of Rights

on the crown and the rule of law in England were created controlled by the authority documentary.

Declarations and constitutional branches, many states supported by the expression? Fundamental right?

These are the golden rays of the sun illuminates the world of the nineteenth century to know the human

right to the man, she must . The value of the human personality began to be realized.

The result of the human rights movement has been experienced after the Second World War by the

people. Throughout the war Humanitism was killed for crimes against humanity and heinous rights was

shocked. History has witnessed in silence tyranny and complete anarchy Nazi leader of Germany.

Values and human dignity and morality were brutally interrupted. Rights people have become the need

of the hour to establish peace and security international.

Growth and development of human rights and the right International had made remarkable progress

since the year 1945. Several deeds, contracts, etc., was made for the effective implementation of human

rights, such as.

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THIRD GENERATION HUMAN RIGHTS

The use of the term ‘generation’ was never meant to imply any distinct historical difference or

hierarchy of one generation over another. This is largely due to interrelatedness of all human rights.

The “First Generation” in the seventeenth and eighteenth century human rights are represented by civil

and political rights of the individuals or the liberty oriented rights. The “Second Generation” human

rights, correspond to the protection of economic, social and cultural rights. They are called security

oriented as they provide for social, economic and cultural security. They are more positive in nature

than negative. The “Third Generation” human rights are also called “solidarity rights”. They are

concerned with the rights of groups and people, rather than of individuals. They are not universally

accepted in the international community as such. The human rights mentioned and discussed above are

not allowed to be enjoyed by every individual. Women, children SC/ST persons, religious minorities,

HIV/AIDS patients, refugees and other marginalized sections of the society are much prone to human

rights violation. Hence, this study aims at bringing out to light the torments suffered by victims of

human rights violation. As it is not possible to include all the groups in a study, only select groups of

very important nature namely, women and dalits are included in the present study. This grouping has

been distinguished from the other two categories of human rights in that its realisation is predicated not

only upon both the affirmative and negative duties of the state, but also upon the behaviour of each

individual. Rights in this category include self-determination as well as a host of normative expressions

whose status as human rights is controversial at present. These include the right to development, the

right to peace, the right to a healthy environment, and the right to intergenerational equity.The right to a

healthy environment requires a healthy human habitat, including clean water, air, and soil that are free

from toxins or hazards that threaten human health.

The right to a healthy environment entails the obligation of governments to –

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• refrain from interfering directly or indirectly with the enjoyment of the right to a healthy

environment

• prevent third parties such as corporations from interfering in any way with the enjoyment of the

right to a healthy environment, and

• adopt the necessary measures to achieve the full realisation of the right to a healthy

environment.

However, do individuals really have the ‘challengeability’ when it comes to human rights and, or are

these still considered to be merely aspirational ‘soft law’?