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![]() >The United Nations protection system: interactive presentation |
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An indivisible set of human rights We believe it is necessary to tress that human rights constitute an indivisible set of rights despite the fact that they can be presented in many different ways, and that it is impossible at this stage to agree on a final list of rights. Although the list remains incomplete and debatable this does not mean that it cannot be finalised in the future. We propose a simple list of human rights taken from existing treaties and based on the principle of equality. Our list will show: the founding principles, human rights, and groupings that can be made, in accordance with the principle of indivisibility and of the protection of vulnerable people. Principles of interpretation of human rights and fundamental freedoms1. FOUNDING PRINCIPLES Human dignity has three dimensions: equal dignity, freedom and solidarity. And two conditions are necessary for them to flourish: universality and indivisibility. 2. HUMAN RIGHTS A. Civil rights I) Rights of having to do with the protection of the person 1. Freedom from discrimination II) Civil and political freedoms 11. Freedom of thought, conscience and religion B. Economic and social rights Rights to dignity in exchanges and social relationships 16. The right to an adequate standard of living, health and well-being (including food, clothing, housing) C. Cultural rights Rights to a cultural identity 22. The right to respect for one's cultural identity (including one's language) A. Structural groupings Rights to participate in the structures necessary to implement all human rights a) The right to social and international order B. Rights of vulnerable people These are not new rights, but rather special measures to be taken to grant rights to vulnerable people 1. The rights of the child Principles of interpretation of the listWhen listing human rights, we have followed the order given in the Universal Declaration. Since all rights are considered equal, any order is suitable. The first article of the Universal Declaration affirms the three founding principles of human rights: liberty, fraternity and equal dignity. This means that every human right has to be interpreted in the light of all three principles. It also means that every right includes an obligation: each of us is not only entitled to these rights but must extend them to others. Universality and indivisibility, which are rules of interpretation, must also be applied to every human right. Universality means that every right must be applied to every person. Indivisibility means that all rights are bound together and cannot be separated. There is no valid reason to maintain the classical separation between civil and social rights. All human rights are individual rights and may have a collective dimension. Also, all include both positive and negative obligations (obligations to do something, obligations not to do something). Other rules of interpretation that we have considered are as follows: One can distinguish formally between judiciary guarantees (#6 & 7) and other civil rights, but there is no major difference in essence. Rather, freedoms have a logic of their own. The right to take part in political life is only an aspect of this civil right (right to choose representatives or to be chosen as representative) which includes all civil, economic and cultural freedoms. One could also ask, aren't all freedoms, including economic and cultural freedoms, political rights also? ECONOMIC AND SOCIAL RIGHTS The right to a healthy and sustainable environment (18) belongs in this category because it is similar to other economic and social rights. CULTURAL RIGHTS Cultural rights are specific enough (their object is the respect of cultural identity) as to require a category of their own. STRUCTURAL GROUPINGS These rights allow people to participate in structures that are necessary to achieve other rights. They are not new human rights but have to do with the promotion of self-determination, democratic order, and the right to development. These groupings are valid, especially in the case of the right to development, because they emphasise the principle of indivisibility. The rights of future generations are essential, even though we may be referring to people who do not yet exist. They will exist at some point in the future and we must consider protecting their rights now. Future generations are also an example of vulnerable people. THE RIGHTS OF VULNERABLE PEOPLE All human beings who are vulnerable must enjoy the same protection as other people, without discrimination. Two conditions can be distinguished within this category a) Vulnerability can be caused by nature (children, elderly or disabled people, and mothers) Source: Présentation analytique des droits humains, réalisé avec le Réseau d'Instituts des Droits de |