Human rights

of human rights designate a concept, after which to universal rights are entitled to all humans of birth. The legitimacy of solchgestaltiger rights is recognized in principle today by nearly all states of the earth, in philosophy still is it the subject of the debates(Last the latter). Also under their proponents the content and extent are disputed.

Human rights are therefore unentziehbare rights in relation to the public force, thus subjective rights, those in the course of human and clearing-up at first nature-legally, later scientific-rationally (reason-legally) were justified. By means of third effect human rights can unfold also indirectly influence on the relationship between Entitäten of nature under private law. They are entitled therefore to each humans, however due to the fact that he is humans (universality of the human rights). They are pre and/or. supra-national nature, D. h. they can be recognized by a state deklaratorisch , but their validity is deklamiert independently of their representatives of such an acknowledgment as universal given. In contrast to citizen rights people right applies to all humans,in a country it is, independently of it, whether they are its citizens, or not.

By the formulation of fundamental rights in conditions and international agreements one tries to arrange the human rights as in-complainable rights.

Table of contents

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natures and sources of the human rights

the internationally relevant source for the existence andContent of the human rights is international those Bill OF human Rights of the United Nations.< ref name= " Bill ">Internationally Bill OF human Rights on the Website of the UN-Menschenrechtshochkommissars< /ref> Apart from the general declaration of the human rights from the year 1948 are the central human right instruments withinthis Korpus:

  1. the international pact over civil ones and political rights, as well as
  2. the international pact over economical ones, social ones and cultural ones of rights

Both pacts were adopted 1966 by the UN-general assembly and came into force ten years later.

In addition a multiplicity existsof conventions, which regulate the protection of individual human rights in detail, so for instance

  1. those Geneva refugee convention
  2. the UN child right convention
  3. the convention for the removal of each form of discrimination of the Mrs.
  4. the UN-anti--torture-convention
  5. the international convention for the removal of all forms of racial discrimination
  6. the conventionover preventing and punishment of the genocide
  7. the international convention for the protection of the rights of all moving employees and their families

in addition regional human right agreements come on the different continents. In Europe this is the European human right convention (EMRK) and/or. Convention to the protectionthe human rights and basic liberties. It contains a catalog of fundamental rights and human rights. The convention was negotiated in the context of the Council of Europe, to 4. November 1950 in Rome signs and stepped at the 3. July 1953 into force. Also Africa, the American double continentand Asia have own in each case regional human right agreements.

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universality

all human rights individually specified superordinately is often that as equal rights or as „equality “or „equalization requirement “designated or misunderstood general differentiation prohibition.

It reads in conventions and conditions usuallyas follows:

„Each humans have requirement on the human rights and liberties, without any distinction, hereby guaranteed, as for instance after race, color, sex, language, religion, political and other conviction, national or social origin, after property, birth or other circumstances. “

The today'sDiscussion around the equal rights of man and woman turns in the thing around this important principle standard. Frequently a social or social equality or equalization is confounded with the differentiation prohibition of the reason and human rights. The demand for actual equalizationobviously cannot be supported by the principle of universality.

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equal chances

the universality principle or differentiation prohibition forbid the legal differentiations specified in it. It requires neither equality nor their logical Unterfall equal chances. Equal chances in relation to the state are an actual right reflex of the regulation, as far as it is enough.

(Chance) equality within all also private sectors of the life is not contents of the regulation. It on this or that area or subsection to reach to want national, collides easily and logically inevitably with thathighest maxim of the human rights, if not to other criteria than in the differentiation prohibition the specified one stores. On race, color, sex, origin etc. may be for example never turned off preferring or disadvantaging. Permissible criteria are for example diseases, handicaps, lacking or outstanding Gifts etc.

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indivisibility

in addition one for the principle of the universality of the human rights is raised also the requirement of their indivisibility. Human rights must be carried out therefore always in their whole. A conversion of liberty rights is not possible, if not at the same time thatQuite on food carried out is. Turned around accompany the injury of economic or cultural rights, about obligation driving, prohibition of languages or withdrawal of bases of life, usually also with the injury of civil and political rights.

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normative one content thatHuman rights

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civil ones and political rights

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of liberty rights

economical ones, social ones

and cultural ones

of rights belong to liberty of opinion freedom of religion, thought and conscience freedom to travel freedom of reunion uninformativeness occupation liberty [work on] and. A.:

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] the status of the economic, social and cultural

rights against the existence of economic, cultural and social rights becomesstated that the traditional defense right (status negativus) changes here to a status positivus (requirement on grant of positive social achievements).

The characterisation of civil and political rights as pure defense rights goes however likewise wrongly, like those to the economical, social andcultural rights as pure warranty laws.

So for instance the guarantee of internal and outside security and an independently functioning law is a positive state achievement. This is by far predominantly regarded however as actual state purpose and thus as justified. Something similar applies to the penetrationgeneral and free elections.

At the same time social, economic or cultural rights often appear as defense rights . In addition count the omission of obligation driving in the course of a domestic conflict like also respecting the right of a indigenen people to retention of its language, itsJuridical system or its institutions.

Therefore the so-called Limburger principles, which were compiled 1986 by a group of human right experts of the United Nations, for each human right sees three kinds of obligations forwards, which the state has to follow: <ref name= " Limburg_Principles ">The Limburg Principles onthe implementation OF the internationally Covenant on Economic, Social and Cultural Rights< /ref>


  1. Respecting obligation: The state is obligated to omit injuries of the rights;
  2. Protection obligation: The state has to protect the rights against encroachments on the part of third;
  3. Warranty:The state hasto carry for the full implementation of the human rights concern, where this is not yet given.

The understanding of the human rights as pure defense rights seizes only first of these three obligations. Within the human right system of the United Nations however the more comprehensive human right understanding can,from the Limburger principles follows, meanwhile as recognition apply.

General it is to be marked that the European tradition understands the civil and political rights often as only „genuine “rights, whereas in countries, in those hunger or driving out or entrance to waterburning problems represent, which experience economical, social and cultural rights more attention. Thus for instance the European human right convention fades out this range completely, while it plays a central role in the human right Charter of the organization for African unit.

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violations of human rights

The human rights are their nature after right of the particular in relation to the state. These undertake the obligation by the signing of human right agreements to keep the regulations of these international-law contracts. Thus legally alone the state in a the position is to hurt human rights.Actions of an individual opposite another against it do not affect the range of the human rights directly.

In accordance with the Limburger principles< ref name= " Limburg_Principles "/> a Contracting State carries for three categories of obligations opposite the citizens:

  1. The obligation to respect the human rights D. h. itnot actively to hurt. An example of a violation of human rights by offence against this obligation represents the application of the torture by state organs;
  2. The obligation to protect the human rights from aggressions on the part of third . Z. B.: Prevention paramilitärischer force transnational companies against indigene peoples;
  3. The obligation to carry out the human rights where this is not yet in its entirety the case. Z. B.: To structure one function judiciary, to removal of hunger with all resources the available. (Kind. 11, Antisocial pact)
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history of the human rights

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the roots of the human rights into antique

it gave attempts in Europe already early to give to states a human right-similar basis. Already 624 v. Chr. became in antique Athens thosearbitrary iurisdiction reduced. In this democracy all citizens independently of the ownership structure political say was made possible. The offices were assigned by lot procedures. Thus with the post assignment all were directly treated.

Excluded were however all inhabitants without citizen rights (z. B. thoseSlaves and women), therefore the majority of the population. In its work for the appropriate order of the policy, „the Nikomachi ethics “, Aristoteles speaks of a natural state, which divides the natures into dominant ones and serving. One can of an attemptthe penetration of same rights for all only since the days of the clearing-up speak. Also in antique Rome first conceptions are based concerning on the philosophy of the Stoa. equal all humans being entitled right.

Beyond that the likewise antique formsBiblical conception of the God even figurativeness of humans of both kinds of sex (genesis = 1. Mose 1, 27) the condition for late in the west spread Rezeption of philosopher Ems “human right”.

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the human rights in the clearing-up

the idea of the human rights and of themnational conversion in the clearing-up by the philosophers Thomas Hobbes, John curl, Jean Jacques Rousseau and Immanuel Kant was particularly coined/shaped.

Thomas Hobbes (1588-1679) is to be mentioned, although he is actually no philosopher of the clearing-up. It gives with itno direct formulations of human right, on the contrary is not even ansatzweise of same, inalienable rights for all the speech. He is due to its state philosophy a forerunner of the human rights nevertheless. After this each humans in the natural state have the self-preservation right. But due to the uncertaintyand humans do to dangers of the natural state without these and its thereby connected nature rights and deliver her to the state. Thus it gives unrestricted power to the state and subordinates the human right to the state. Despite the weak position of theHuman right with Thomas Hobbes affected the fact that there can be at all such a right, many philosophers.

Thus John curl (1632-1704) took up the basic ideas by Hobbes. It interprets it however differently, there it for the natural state a higher, more positiveand a less strong value to the connection to the state gives. After curl the state has the function to secure and receive the nature rights of humans. If it does not follow that, it loses its authentication. Curl does not give the stateunrestricted power, but demands the division of power in legislation (legislative force) and executive (implementing force), later was added still the Judikative (the iurisdiction) by Charles de Montesquieu (1689-1755). With curl the natural rights of the individual the state are superordinate and thatparticular can make it valid in relation to the state. The ideas of John curl had large influence on the American declaration of independence.

Jean Jacques Rousseau (1712-1778) is the first reconnaissance aircraft, which speaks directly of human rights, even if it a very specific viewhas. For Rousseau the liberty is basis for the people its. Since by nature all humans are free and alike, they are to remain this also in the state. Rousseau differentiates thereby between natural, civil and moral liberty. In the natural state, equipped alsothe unlimited natural liberty, humans are not really free, since he is controlled by his impulses and his egoism. Really freely is it only, if it decides as a moral nature freely in addition, itself on given laws toohold. Thus he does consciously in favor of the moral without the natural liberty. The transition from the natural to the moral liberty is as it were the perfection of the liberty in the state. The citizens, equipped with the moral liberty, are basis of the legislation,because since they are morally free, they adhere to the selfgiven laws. Like that the human rights are not in complainable with Rousseau in relation to the state. The human right on liberty is the basis of the state, without which the state would be not conceivable.Rousseaus views played a large role with the French revolution.

A further important joint founder of the clearing-up and also the idea of the right state is Immanuel Kant (1724-1804). For it liberty is the only human right, from that all other human rights, how Equality and independence, to be derived. The right cannot be derived from the nature of humans, is thus a reason right, which must apply independently of historical, cultural, social and religious circumstances. The authentication and priority task of the right statethe safety device and preservation of the liberty rights are according to Kant. So the state cannot question the human rights, since it would touch thereby its own authentication. The human rights become the authentication of the state.

Regards one the ideas of these philosophers,a development of the acknowledgment of the nature rights leaves itself with Hobbes, which are subordinated however to the state, over putting the human rights above over the state with curl, up to the acknowledgment of the human rights as basis and authentication of the state with Rousseauand Kant recognize.

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chronology

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classification after „generations “

in 20. Century was in-patriated the organization of the human rights into three „generations “.

This organization is relatively common, nothing the despite is disputed it, because in such a way drawn succession an unexpressedValuation contains. Afterwards alone the rights „of the first generation are “„genuine “human rights, while the human right character of the second and third generation is drawn in doubts. Besides with the term „of the generations “a temporal succession is suggested, those not to the historical developmentcorresponds.

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first generation

into this category mostly the civil liberty rights are seized, by which mostly one accepts, it are pure defense rights in relation to the state, i.e. the state does not have, in order to fulfill its obligations, omit only things,but act actively. Since however also justizielle rights are understood mostly as part „of the first generation “, although the maintenance of a judiciary of the state requires substantial active acting, this organization remains inconsistent.

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second generation

into „the second generation “often become sharing and Solidarrechte of the particular and/or. a group as requirement rights in relation to the state divided.

In addition

  • the freedom of reunion liberty of opinion Pressefreiheit the general right to vote and
  • , about that belong from the civil and political rightsQuite on
    • food
    • work
    • wages
    • social safety device
    • resemble education.
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third generation

the human being-legal character and concrete content of the rights „of the third generation “is often not yet secured. To it for example the rights to development, peace, food belong,an intact environment, own language as well as on a fair portion of the treasures of nature and culture. Also the question of possible self-rights of not-human nature is discussed. Origin of these ideas are above all the countries of the third world. For thoseImplementation of these rights is often the world-wide framework necessary - a reason, why these rights are violently discussed.

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situation in Germany

of the articles 1, paragraph 2 of the German Basic Law reads:

„The German people admits itself therefore tooinviolable and inalienable human rights as basis of each human community, the peace and the justice in the world. “

Article 1 of the Basic Law, including the connection of national force to respecting (paragraph 1) and the legally binding effect of the fundamental rights (paragraph 3),stands under the special protection of the eternity clause in such a way specified in kind. 79 exp. 3 GG.

The Federal Republic of Germany joined the international pact over civil ones and political rights, that the rank of a law has and in the BGB l. 1973 IIS. 1534 are published.

By the Federal Republic of Germany also the UN human right declaration, which proclaims the right to social security, work and dwelling, was signed. After the German Basic Law meanwhile only the general rules of international law are automatic a component of the Federal Law, whythis agreement without ratification no domestic effect unfolds. Nevertheless such rights were taken up to some land conditions of the Federal Republic, into which condition of Bavaria, Hessen, North Rhine-Westphalia, Bremen, which is guessed/advised in oblivion however to a large extent.

The Saxonian condition recognizes for example in the article7 the right of each humans to a human being-worthy existence, in particular on work, on appropriate dwelling, on appropriate living costs, on social safety device and on education as state goals on.

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human right protection by international agreements

the general declaration of the human rightsneither legally binding for the states nor gives it is a force, which could implement the adherence to the human rights, standing over the states, nevertheless has it politically and morally a very large weight. Their regulations are into many nationalConditions taken up. Many conventions and contracts, which were locked since 1948, proceed from the definitions contained in the explanation.

The two international pacts over civil ones and political rights, as well as over economical ones, social ones and cultural ones of rights and the specializedConventions have the rank of international agreements, are thus binding legal instrument. The monitoring of their observance happens in the responsible committees of the UN-Hochkommissariats for human rights. To the present contract Treaties (Treaty of bodies) belong: The UN-Menschenrechtsausschuss, the UN-committee over economical ones, social ones andCultural rights, the committee for the abolishment of all forms rassischer discrimination, the woman and the child rights out. With the signing of the respective agreements the states commit themselves to refund periodically on the adherence to its human being-legal obligations report. Usually amounts tothe reporting period five years. Parallel to the state reports Nichtregierungsorganisationen can submit alternative reports, which are considered by the committees in mostly. As result the respective committee publishes a set of locking observations after investigation of the government report (concluding observations)and recommendations (recommendations) to the respective government. This means is a very soft sanction mechanism, yet it already proved its effectiveness in many cases.

For the case of the international pact over civil ones and political rights exists over itoutside the possibility of the individual complaint with Geneva human right committee. Something similar is aimed at also for the social pact, the supplementary protocol needed for it („Draft optionally protocol “) is not accepted however yet.

On European level also the European Court of Justice became with the European human right convention ( EMRK)created for human rights (EGMR) in Strasbourg. Since 1998 can complain - similarly as with a national constitutional complaint - each particular against an injury of its rights from the convention. Besides also the member states can complain mutually on adherence to the convention (byindividual or state complaint so mentioned). A such legal protection system is unusual for international human right conventions. In the Federal Republic of Germany the European human right convention is located in the rank of a simple law. In Austria against it the convention enjoys condition rank. In Switzerland the EMRK places directlyapplicable right. In Norway the law secures regarding the stabilization of the status of the human rights in the Norwegian right of 21. May (law No. 30) 1999 [1] that the EMRK is superordinate other legal regulations. The united Kingdom of Great Britainand Northern Ireland codified the position of the EMRK in the human Rights act 1998.

For the American double continent the inter+American human right Court of Justice (inter+ American Court OF human Rights/Corte Interamericana de Derechos Humanos) fulfills a similar function.

On the African continent it gives since 1981the African Charter of the human rights and the rights of the peoples.

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penetration problems and criticism

critics criticize that the human rights of European philosophy rise and are not directly applicable to other culture areas. Is continued to maintain, the human rights is a construction „of the west “and served only the stabilization of the position of power of the dominant elite. As a representative of this direction Slavoj Žižek can be regarded. It states that „apolitische “occupations on the neutrality of the human rights obviously a fictionis - in the present constellation serve the reference to the human rights the new world order, which is dominated by the USA.[2]

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the human rights since that 11. September 2001

after the terrorist attacks of the 11. September 2001it is to be observed that in the course of the world-wide fight against the terrorism in many States of, above all those the western world, certain human rights are strongly limited or ignored.

Above all the right to Privatsphäre is, there concerned for locationand fight against terrorists frequently safeguards methods to be legalisiert, which set the letter and/or telecommunications secret or the inviolability of the dwelling repealed (see also wire-tapping).

The moreover one become of the USA in Guantanamo Bay presumed terrorists as well as prisoners from that Afghanistan war without court hearing and under ignoring that Geneva conventions imprisoned held.

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literature

  • Mellie Uyldert: Amnesty internationally annual report 2003. ISBN 3596158729
  • Heike Alefsen, Wolfgang Behlert, Stefan Kessler, Bernd Thomsen: 40 years for the human rights. ISBN 3472047380
  • Thomas Göller (publisher):Philosophy of the human rights. Cuviller publishing house
  • Heiner Bielefeldt: Philosophy of the human rights. Bases of a world-wide Freiheitsethos. Primus publishing house.
  • Christina Arndt: The human rights - individualistic beginnings for the reason of its universality [3]
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Web on the left of

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Documents and agreements

Wikisource: General declaration of the human rights - source texts
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to organizations and information

see major items: List of the human right organizations

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resuming specialized information

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sources

<references/>

 

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