4. The concept of human rights is based on our
civilization, and this concept emerged first in middle
ages. And the secular notion of human rights was
recognized in seventeenth and eighteenth century.
Concept of Human Right and its origin
5. Legal Recognition Of Human Rights
The concept of Human Rights was legally
recognized in twentieth century when United
Nation (UN) adopted universal declaration of
human rights in 1948. This document is also
included in international bill of Rights.
6. International Bill of Rights
Consists of :
➢The universal declaration of human Rights (1948).
➢The international covenants on Economic, Social and
cultural right (1976).
➢The international covenants on Civil and Political rights
(1976).
7. • Comprises 17th and 18th century.
• Negative civil and political rights
First
generation
• Positive economic and social
rights.
2nd
generation
• Solidarity or collective rights.
• These rights are described in Article 28th
of the UDHR.
• Article: Everyone is entitled to a social and international
order in which the rights and freedom is set forth in this
declaration can be fully realized
3rd
generation
Three
generations
8. ➢ Does the breach of any human right validate the imposition of sanction or military
intervention (NATO) by united nations ?
➢ Would the infringement of economic social rights permits such a breach of national
sovereignty ?
Answer: No, because it would be wrong for the community even if licensed by security council.
Economic and military sanctions can be inflicted only on general
sufferings:
❖ stop truly barbaric acts
❖ Mass killing
❖ Torturing political opponents
❖ To Widespread discrimination
International intervention when H.R are violated
9. Theoretical
challenges
We can say these are sort of attacks on the concept
of Human Rights, so it is important to have a good
understanding of these things.
10. Emphasizes connection between individuals and community.
➢ Human rights are based on the interest of community not on the interest of
individual.
➢ They say: individualism of theories of rights has neglected the interest of
community and social solidarity.
➢ it’s ideal is like a Trojan Horse.(because It contains number of other associated ideas.
Kant: individual interest should not be neglected, because every individual has
liberty to have rights.
Michael sandel and Hegel: This concept of individual is rejected. Because
individual are partly defined by their communities
Arguments
11. Are human rights really universal to? To what extend they are relative to local
culture, history and political conditions
Cultural relativism
Cultural relativist say that culture vary from society to society.
Ethical relativism
Morality vary from society to society.
Types
12. Two principle argument against relativists
➢There has always been diversity of culture.
➢Morality is the absolute value.
13. This idea is based on the Principle of Utility. And that is to maximize the happiness and
minimize the pain
➢ Interest of community is greater then interest of individual.
➢ In case of contradiction between two philosophies, interest of community will prevail
We can say to maximize general welfare and to sacrifice individual interest
Example: Free speech is to be protected only when it will maximize the general welfare of the
community.
Criticism: This theory is criticized by libertarians. Such as Robert Nozick and Ronald
Dworkin
14. This theory directly oppose the natural theory of law
Naturalists: All Human rights are natural
Positivist: Human rights are not natural only, but also posited
Example: declaration of USA independence 1776 appealed for the
natural rights of all Americans to life, liberty and happiness.
15. It is a full-frontal assault on the concept of Human Rights. It’s main idea is
to criticize every existing concept.
➢ The discourse of rights is less useful in securing progressive social
change.
➢ Legal Rights are indeterminate and ambiguous.
➢ Rights prevent progressive movement of democracy and justice…etc.
Critical Theory
16. The future of Human Rights
➢Idea of Human Rights does not requires a selfish
individual- centred rejection of community.
➢Bill of Rights despite his imperfection protect the
Human Rights.
➢It is integral part of international law and
international custom, so this could not be slightly
Dismissed.
