HUMAN RIGHTS

Human Rights



Human Rights

Introduction

According to the statement of Human rights theorist Jack Donnelly who has written that, “Human rights are a social practice that aims to realize a vision of human dignity and potential by institutionalizing basic rights”. Human rights are rights inherent to all human beings, without distinction of nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other condition. We all have the same human rights without discrimination. These rights are interrelated, interdependent and indivisible. Universal human rights are commonly expressed in the law and guaranteed by, through treaties, customary international law, common principles and other sources of international law (Doebbler, 2006). The universal law of human rights establishes the obligations of governments to take action in certain situations, or refrain from acting in certain ways on others, to promote and protect human rights and fundamental freedoms of individuals or groups. Human rights are primary rights of individuals and relate equally to all human beings such as the right to life and personal integrity, personal freedom, freedom of conscience and expression of thought, right to health and education and the criminal and procedural guarantees.

Defining first and second generation rights

Public Rights recognized as first generation rights of the citizens, such as the right of residence and movement within the national territory, of assembly and association, right to work, the right to livelihood and who assist by unfit for work (Freeman, 2002). Civil rights are secondary rights attached to all human beings capable of acting as the bargaining power, contractual freedom, and the freedom to choose and change jobs, free enterprise, and the right of action in court. Political rights are in order only secondary rights reserved for citizens with the capacity to act as the right to vote, stand for election, the right of access to public office and all discretionary rights which manifests and political autonomy based on representation and political democracy in a greater value than the rest.

Theory of primary and secondary rights

In the last ten years, a theory of human, fundamental rights rich, complex and perfectly integrated into a more general theory of law and democracy has been developing both. The theory of rights proposed, contains a multitude of issues worthy of attention, both from point of view of philosophy of law and political philosophy, for example, relations between the theory of rights and equality and constitutional. Democracy and from a standpoint of more proposals, often certainly original, theoretical analysis and conceptual neatness of language rights (think, for example, the proposed definition of a purely for fundamental law wrong, or the distinction between primary and collateral warranties secondary. Many of these philosophical and theoretical aspects of the theory of the fundamental rights widely discussed. In this text any questions about a specific, although marginal, complex aspect of the fundamental rights theory built by the problem of conflict between fundamental rights highlighted. First, a summary will offer pretty generic on the presence (at less apparent, or potential) conflict between fundamental rights in ...