Prof Mark E Wojcik The John Marshall Law School Chicago USA The Four Waves of Human Rights 2 Recognition 1 3 How are human rights recognized Where do they come from Who if anyone grants human rights ID: 391288
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The Four Waves of Human Rights
Prof. Mark E. Wojcik
The John Marshall Law School
Chicago USASlide2
The Four Waves of Human
Rights
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Recognition
1.
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How are human rights recognized?Where do they come from?Who (if anyone) grants human rights?
Recognition
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In 1979, Prof. Karel Vašák, First Secretary-General of the International Institute of Human
Rights in
Strasbourg, proposed dividing human rights into “three generations.
”
Recognition: Three Generations
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Recognition: First Generation
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Freedom of speechFreedom of the press
Freedom of assembly
Freedom of religion
Right to a fair trialRight to vote
Examples
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Various national and international documents:
Magna Carta (1215) (England)
Claim of Right Act (1689) (Scotland)
Bill of Rights (1689) (England)Bill of Rights (1789) (U.S. Constitution)Universal Declaration of Human Rights articles 3 to 21 (1948) (“UDHR”) International
Covenant on Civil and Political Rights (1966)(“ICCPR”)
Where Found?
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Recognition: Second Generation
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Recognition: Second Generation
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Right to education
Right to housing
Right to health careRight to
workRight to free timeRight to organize and bargain collectivelyRight to unemployment
benefits or social security
Examples
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Various national and international documents:Universal Declaration of Human Rights articles 22 to 27 (
1948)
(“UDHR”)International
Covenant on Economic, Social, and Cultural Rights (1966) (“ICESCR”)
Where Found?
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Recognition: Third Generation
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Right to economic and social developmentRight to a healthy environmentRight to natural resources
Right to
communicate
Right to participate in cultural heritageRights to intergenerational equity and sustainability
Examples
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Third-generation human rights can be found in many progressive international law documents:
Stockholm Declaration of the U.N. Conference on the Human Environment (1972)
Rio Declaration on Environment and Development (1992)
Other “soft law” documents
Where Found?
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Definition and Codification
2
.
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Who is Bound by a Definition?
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Definition and Codification
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A national court?A national legislature (by statutes or a constitution)?
A group of nations (by treaty)?
An international tribunal?
Civil society (world opinion)?Religious institutions?Four law professors sitting together on a panel?
A room full of European law students?
Who Has the Right to Define?
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The Future of
European Human Rights LawSlide21
Examples
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Example: Genocide
Is “genocide” only the act or failure to act?
Or is a particular mental state required?
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Example: Victim
Is a “victim” only someone directly harmed by an act (or failure to act)?
Or does the word “victim” include other family members (or others in the community, or nation, or region)?
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Example: Privacy
Is there a fundamental right to homosexual sod0my?
Bowers v. Hardwick
(1986)
Is there a fundamental right to privacy?
Lawrence v. Texas (2003)
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Example: Marriage
Is there a fundamental right to marriage?
Is there a fundamental right to same-sex marriage?
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Enforcement and Remedies
3
.
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Various Ways to Enforce
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Various Places to Enforce
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Various Places to Enforce
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Various Remedies
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Prevention
4
.
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Prevention
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Prevention
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Comments and Questions?Slide35
The Four Waves of Human Rights
Prof. Mark E. Wojcik
The John Marshall Law School
315 S. Plymouth Court
Chicago, IL USA
+1-312-987-2391
intlawprof@gmail.com