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Philosophy of Human Rights
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Procedural Justice
Procedural Justice refers to the fairness of the processes that result in decisions or laws. Philosophically, it is based on the concept of 'justice as fairness' by John Rawls, which insists on transparency and equality in legal and procedural dealings.
Universal Declaration of Human Rights (UDHR)
The UDHR is a milestone document in the history of human rights, drafted by representatives from all regions of the world, which sets out universal values and a common standard of achievement for all peoples and nations regarding human rights.
Economic, Social, and Cultural Rights
These rights include the right to work, right to education, and rights to cultural life, emphasizing the importance of social welfare and cultural rights alongside civil and political rights. Their philosophical foundation lies in the principle of dignity and social justice.
Minority Rights
Minority Rights are normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or gender and sexual minorities, and also the collective rights accorded to minority groups. These rights aim to ensure that these groups can maintain their distinct cultures and practices without discrimination or oppression.
Right to Fair Trial
The Right to Fair Trial is a legal guarantee that an individual will receive a fair and impartial trial with due process. This has roots in the Magna Carta and is a fundamental principle in the rule of law.
Right to Asylum
The Right to Asylum protects the freedom for individuals to seek refuge from persecution in another country. Its philosophical justification is bound to the ethical responsibility to protect those who cannot protect themselves.
Non-refoulement
Non-refoulement is a principle in international law that forbids the rendering of a true victim of persecution to their persecutor, which generally means that a refugee or asylum seeker should not be returned to a country where they face serious threats to their life or freedom.
Rights of Persons with Disabilities
These rights ensure that persons with disabilities enjoy all human rights and fundamental freedoms. Philosophically, the justification aligns with universal human rights principles that ensure inclusivity and equal opportunities for all individuals.
Equality before the Law
Equality before the Law is the principle that all individuals are subject to the same laws, without special privileges or exceptions. This concept can be traced back to the philosopher Aristotle and is essential in ensuring fairness in justice systems.
Rights of Indigenous Peoples
The Rights of Indigenous Peoples acknowledge and protect the historical lands, cultures, languages, and other rights of indigenous communities. Philosophically, this is rooted in notions of historical justice and recognition of pre-colonial existence.
Natural Rights
Natural Rights are considered to be inherently granted to individuals by virtue of their humanity. Philosophical justification stems from the enlightenment thinkers like John Locke, who argued that certain rights are inalienable and exist independent of any government.
Freedom of Speech
Freedom of Speech is the right to express opinions without censorship or restraint. Philosophically, it is defended on the grounds of promoting individual autonomy and the pursuit of truth, as posited by John Stuart Mill in his work 'On Liberty'.
Right to Privacy
The Right to Privacy is an individual's right to protect their personal information and life from public scrutiny. Justified by John Stuart Mill's harm principle, it is essential in ensuring personal freedom and autonomy.
Responsibility to Protect (R2P)
R2P is a global political commitment to prevent genocide, war crimes, ethnic cleansing, and crimes against humanity. Its philosophical basis lies in the principle of sovereignty as responsibility, rather than as unaccountable power.
Cultural Relativism
Cultural Relativism is the principle that an individual's beliefs and activities should be understood by others in terms of that individual's own culture, which may challenge the notion of universal human rights.
Right to Life
The Right to Life is a principle that every human being has the inherent right to live and not be killed by another human being. It is deeply rooted in various ethical, religious, and philosophical traditions stressing the sanctity of life.
Positive and Negative Rights
Positive rights are entitlements to certain actions or services, like education or healthcare, whereas negative rights are freedoms from certain actions, such as freedom from torture. This distinction is important in contemporary debates over the extent of government's responsibilities.
Right to Participate in Government
The Right to Participate in Government is the principle that each person should have a voice in their governance, either directly or through freely chosen representatives. This right is rooted in democratic theories and the self-determination of peoples.
Right to Liberty
The Right to Liberty is the fundamental human right to be free from slavery, detention, or oppression. This right is central to various human rights documents and is often considered a prerequisite for the enjoyment of other rights.
Rights of Future Generations
The Rights of Future Generations is a framework to ensure that today's actions do not impede the rights and options of people in the future. Justified by the ethical principle of intergenerational justice, it stresses responsible stewardship of resources.
Social Contract Theory
The Social Contract Theory is the belief that people live together in society in accordance with an agreement that establishes moral and political rules of behavior. Philosophers like Thomas Hobbes and Jean-Jacques Rousseau discussed this concept in depth, underpinning modern democratic governments.
State of Nature
The State of Nature is a concept in social contract theory representing the hypothetical conditions of human beings before the existence of state and society. Locke and Hobbes used this idea to justify the establishment of a government that preserves rights.
Right to Education
The Right to Education ensures access to basic education and encourages the development of secondary and tertiary education. It is grounded in the belief that education is essential to the exercise of all other human rights by Rousseau and Immanuel Kant.
Habeas Corpus
Habeas Corpus is the legal principle that guarantees a person the right to appear before a court to challenge unlawful detention. Philosophically, it protects individual liberty against arbitrary state action, rooted in the Magna Carta of 1215.
Human Dignity
Human Dignity is the idea that every individual deserves respect and ethical treatment because of their inherent worth as a human being. This concept is rooted in Kantian ethics which emphasize the 'intrinsic worth' of individuals.
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