Where do human rights begin

Fight for freedom

We do not need to resort to the numbers of poverty, the indoctrination in schools and universities, the extortion of the unions, the distrust with which we live and the contempt of the rulers for citizen participation to demonstrate that not even the invocation of human rights in official discourse nor the agreements and treaties that we rushed to sign made us better human beings, free and responsible, with that privilege of having rights and freedom. A failure that is partly explained because human rights were associated with the torture, deaths and kidnappings of the dictatorship. And when you rule over corpses, as Hannah Arendt warned, political categories do not exist. We Argentines recovered the electoral routine, but we are far from having rehabilitated politics in the sense of democratic plurality, alternation and respect for diversity.

The history of man is also the fight for his freedom. But it was the Universal Declaration of Human Rights that promoted the greatest period of prosperity and development in European countries. Because human rights are only culturally rooted in so-called liberal democracies.

Inequality and rights

Until now we have had electoral continuity, an achievement that should not be disregarded, but the inequality of rights and income, the arrogance of power, the ideologization of the notion of human rights, both in official discourse and in human rights organizations, survive. that, by adding ism to their claims, they already reveal the sectarianism of their claims. And enormous confusion in relation to the dignity of people. There is no moral superiority in suffering and there is in self-affirmation as worthy people capable of thinking for themselves and mobilizing without being extorted. In the greatest poverty or the most justified desperation, life has a moral meaning, the dignity that defines us as people, which does not depend on the place where we were born or on titles or belongings.

It is no consolation to know that we are not the only country in which there is a distance between the laws that guarantee rights and social reality, nor that politics has been co-opted by true family dynasties in which surnames are repeated and positions are repeated. they perpetuate, and therefore, merit has no value.

At least, we already know that democracy is the best school to learn to argue. We do not need to shout or insult, because we have the strength of the fundamentals. As long as we don't cancel what makes us people, think freely. Without fear. We denounce the violations. It remains now for us to announce what those rights are that only the democratic system guarantees, since with freedom we can claim that we lack bread.

The risk of politicization

As Mary Ann Glendon, professor, jurist, diplomat and human rights activist, author of an essential book, A New World, wrote. Eleanor Roosevelt and the Universal Declaration of Human Rights: "Every time human rights become politicized, the risk increases that the protection of human rights will become a pretext for imposing the will of the strongest through armed intervention or economic pressure." ».

Therefore, in times of ideological polarization, it is worth repeating that human rights are neither left nor right. They are the most beautiful humanitarian utopia. It not only guarantees rights due to the human condition, but they are the protection that citizens have against the arrogance of States.

Human rights are norms that recognize and protect the dignity of all human beings. These rights govern how individuals live in society and relate to each other, as well as their relationships with the State and the State’s obligations towards them.

Human rights laws require governments to do certain things and prevent them from doing others. People also have responsibilities; just as they assert their rights, they must respect the rights of others. No government, group or individual person has the right to carry out any act that violates the rights of others.

Human rights defined

Albeit a few word references characterize the word right as “an honor”, when utilized with regards to “common freedoms”, we are looking at something more essential. Each individual has specific crucial privileges, essentially by ideals of being a person. They are designated “common freedoms” instead of an honor (which can be removed at somebody’s impulse). They are “privileges” since they are things that you are permitted to be, do, or have. These privileges exist to safeguard you against individuals who need to mischief or hurt you. They additionally exist to assist us with coexisting with one another and live in harmony. Many individuals know something about their privileges. They by and large realize that they reserve the privilege to food and a protected spot to remain. They realize they reserve an option to be paid for the work they do. Be that as it may, there are numerous different freedoms. At the point when common liberties are not notable by individuals, misuses, for example, separation, prejudice, foul play, abuse and subjugation can emerge. Rising up out of the monstrosities and colossal death toll during World War II, the United Nations Universal Declaration of Human Rights was endorsed in 1948 to give a typical comprehension of the freedoms of all. These structures the reason for a world based on opportunity, equity and harmony.

Universality and inalienability

Human rights are universal and inalienable. In all parts of the world, all people have a right to them. No one can voluntarily waive their rights. And no one can take them away from someone else.

Indivisibility

Human rights are indivisible. Whether civil, political, economic, social or cultural, they are inherent to the dignity of all people. Therefore, they all share the same status as rights. There are no “small” rights. There are no hierarchies in human rights.

Interdependence and interrelationship

The fulfillment of one right often depends, in whole or in part, on the fulfillment of other rights. For example, the effective exercise of the right to health may depend on the effective exercise of the right to education or information.

Equality and non-discrimination

All people are equal as human beings and by virtue of their intrinsic dignity. All persons are entitled to the enjoyment of their human rights, without any discrimination based on race, color, gender, ethnic origin, age, language, religion, political or other opinion, national or social origin, disability, economic position , circumstances of their birth or other conditions that explain the bodies created under human rights treaties.

Participation and inclusion

All individuals and all peoples have the right to contribute, enjoy and participate actively and freely in civil, political, economic, social and cultural development, through which human rights and fundamental freedoms can be realized.

Accountability and Rule of Law

States and other duty bearers must respect the legal norms and principles enshrined in human rights instruments. When they do not do so, rights holders who have been harmed have the right to initiate proceedings before a competent court or other judicial instance, seeking appropriate redress, and in accordance with the rules and procedures provided by law.

Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common standard of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be universally protected and it has been translated into over 500 languages. The UDHR is widely recognized as having inspired, and paved the way for, the adoption of more than seventy human rights treaties, applied today on a permanent basis at global and regional levels (all containing references to it in their preambles). 

Preamble

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,

Whereas it is essential, if man is not to be 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,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United 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,

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

Structure of the Universal Declaration of Human Rights 

The Universal Declaration of Human Rights was approved in 1948 by the 58 Member States of the United Nations, the authors of the text came from different parts of the world and tried to incorporate the values inherent in the different cultural traditions, legal and philosophical systems. The Universal Declaration, the foundation of international human rights instruments, has served as a model for numerous international treaties and declarations and has been incorporated into the constitutions and laws of many countries.

The Universal Declaration of Human Rights establishes civil, political, economic, social and cultural rights and the right of everyone to the establishment of a social and international order in which these rights and freedoms are fully realized. The Universal Declaration of Human Rights consists of a preamble and 30 articles.

The preamble is the expository part that precedes a legal document, also called explanatory statement or recitals. It is usually accepted that the preamble is not part of the exposed norm nor is it obligatory, but it is used for its analysis and interpretation, as well as the legislator's intentions. It constitutes, therefore, an important interpretative source. It is noteworthy, for example, that the third recital of the preamble highlights a regime of law as essential for the protection of human rights.

The first two articles establish the universal basis for human rights; establish the equality of all human beings in rights, dignity and the universality of human rights themselves, the heritage of all humanity. As can be seen, reaching the conquest of the Universal Declaration of Human Rights was a slow trickle of years, agreements, disagreements, half agreements -holding their noses-, and endless discussions of the Eight of the Definitive Commission: Eleanor Roosevelt ( USA), René Cassín (France), Charles Malik (Lebanon), Peng Chun Chang (China), Hernán Santa Cruz (Chile), Alexandre Bogomolov (Soviet Union), Geoffrey Wilson (United Kingdom) and William Hodgson (Australia)..., plus the key role of John Peters Humphrey (Canada), director of the United Nations Human Rights Division.

Voting result: 48 votes in favour, 8 abstentions and 2 absences. Votes against: 0.

In its 30 articles and a preamble, it opens up the wide range of human rights: civil, political, social, economic and cultural rights.

Since several articles include, if not repetitions, points in common, it is possible to summarize them as follows:

Articles 1 and 2: Everyone has the rights and freedoms proclaimed in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, economic position, birth or any other condition. In addition, no distinction will be made based on the political, legal or international status of the country or territory under whose jurisdiction a person depends, whether it is an independent country, a territory under fiduciary administration, non - autonomous or subject to any another limitation of sovereignty.

Articles 3 to 11: personal rights. No one will be subjected or servitude: slavery and the slave trade are prohibited in all their forms. No one will be subjected to torture or cruel, inhuman or degrading punishment or treatment. Every person charged with a crime has the right to be presumed innocent until proven guilty.

Articles 12 to 17: allude to the rights of the individual in relation to the community. Everyone has the right to leave any country, including their own, and to return to their country. Everyone has the right to property, individually and collectively.

Articles 18 to 21: refer to rights of thought, conscience, religion and political freedoms. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to

manifest his religion or belief in teaching, practice, worship and observance. All Individual has the right to freedom of opinion and expression. This right includes not being bothered because of his opinions, the right to investigate and receive information and opinions, and the right to disseminate them, without limitation of borders, by any means of expression.

​Articles 22 to 27: refers to economic, social and cultural rights. Every person has the right to an adequate standard of living that ensures health, well-being, and especially food, clothing, housing, and medical assistance for him and his family.

​​Article 25: Every person has the right to education. Education must be free, at least as far as elementary and fundamental instruction is concerned. Elementary instruction will be compulsory.

Articles 28 to 30: refers to the conditions and limits with which these rights must be exercised. Everyone has the right to establish a social and international order in which the rights and freedoms proclaimed in this declaration are fully effective.