They are called human because they are of man, of the human person, of each one of us.
Man is the sole recipient of these rights. Therefore, they demand recognition, respect, protection and promotion from everyone, and especially from the authority.
These rights are inherent to the human person, so they are also inalienable, imprescriptible.
They are not under the command of political power, but are run exclusively by man.
Just as all men have a right, another man or state must always assume a conduct against those rights, to fulfill certain obligations to give, do or omit. Human rights have a lot to do with democracy. The states where they are recognized, respected, protected and promoted are democratic. And those who do not recognize them are undemocratic, or authoritarian or totalitarian.
In order for these human rights to be realized and recognized within a real environment, the State must be in a democracy.
Democracy is the one that allows all men to truly participate in the government in an active and equal way, cooperating with the recognition, respect, protection and promotion of human rights.
In all systems where there is no basis for democracy, there are various situations where equity and justice are lacking.
On the other hand, when democracy mediates, man is inserted in a society where coexistence is organized, where each citizen has the guarantee that his rights will be respected and protected, just as he must respect others; where coexistence is in accordance with the dignity of the person taking into account their freedom and their human rights.
The State plays a fundamental role, because the authorities must, in addition to recognizing them, put them into practice within society, so that they can develop in a prosperous environment.
Historical Evolution of Human Rights
The expression of "human rights" is of recent origin. Its French-inspired formula, "human rights", dates back to the last decades of the 18th century.
But the idea of a law or legislator that defines and protects the rights of men is very old. Human rights are those that belong to all human beings. Legally, depending on what kind of conception one has about Law (natural law, irationalism, iuspositivism, legal realism or legal dualism), the conceptual category "human rights" can be defined as divine revelation, as observable in Nature, as accessible through of Reason, as determined by the contexts in the many ways that History can be understood, as a synthesis of ideas from these and / or other ideological and philosophical positions, or as a mere non-existent and invalid concept. Furthermore, constitutional rights may encompass more than what is understood to be human rights. The constitution of a country,for example, it can grant rights to its citizens that do not cover non-nationals (for example, the right to vote. In that case, it would be constitutional rights that are recognized to the citizen, but they could not be human rights if the all people are of any condition.
History
Among the antecedents of human rights, it is possible to highlight the enunciation of natural rights by the School of Salamanca, in 16th century Spain, started by Francisco de Vitoria and others, who according to them treated, both those related to the body (right to life, property) and spirit (right to freedom of thought, dignity). The theologians of the University of Salamanca were so radical at that time that they came to condemn all forms of war (with very few exceptions) as a violation of those rights, implicitly contesting the campaigns of Carlos I. In that School, Luis de Molina, came to enunciate that power does not reside in the ruler, who is only an administrator, but in the administrated, the citizens,ideologically anticipating the bourgeois revolutions of the eighteenth century by several centuries. Later, as modernity advanced, human rights appear in English politics as a bourgeois demand to have some kind of security against abuses by the crown and limiting the power of monarchs over their citizens, creating a series of principles on which monarchs could not legislate or decide. These abuses were based on the claim of the English crown that their right was of divine design (a right that had already been criticized by Francisco Suárez, of the School of Salamanca, in his work Defensio Fidei Catholicae adversus Anglicanae sectae errors of 1613).Human rights appear in English politics as a bourgeois demand to have some sort of security against abuses by the crown and limiting the power of monarchs over their citizens by creating a series of principles on which monarchs could not legislate or decide. These abuses were based on the claim of the English crown that their right was of divine design (a right that had already been criticized by Francisco Suárez, of the School of Salamanca, in his work Defensio Fidei Catholicae adversus Anglicanae sectae errors of 1613).Human rights appear in English politics as a bourgeois demand to have some sort of security against abuses by the crown and limiting the power of monarchs over their citizens by creating a series of principles on which monarchs could not legislate or decide. These abuses were based on the claim of the English crown that their right was of divine design (a right that had already been criticized by Francisco Suárez, of the School of Salamanca, in his work Defensio Fidei Catholicae adversus Anglicanae sectae errors of 1613).These abuses were based on the claim of the English crown that their right was of divine design (a right that had already been criticized by Francisco Suárez, of the School of Salamanca, in his work Defensio Fidei Catholicae adversus Anglicanae sectae errors of 1613).These abuses were based on the claim of the English crown that their right was of divine design (a right that had already been criticized by Francisco Suárez, of the School of Salamanca, in his work Defensio Fidei Catholicae adversus Anglicanae sectae errors of 1613).
The different culminations of the English Revolution, the American Revolution and the French Revolution, fundamental milestones of cash passed into the Contemporary era, represent the end or the beginning, as you want to see, of the complex process of recognition or creation of human rights. If revolutions are the revulsion that gives rise to the development of human rights, the various birth certificates are the English Bill of Rights, the declarations of rights of the American colonies and, among these the most important, the French Declaration of the Rights of Man and of the Citizen.
It is worth noting that the modern consideration of human rights lies precisely in the fact that the different revolutionaries, according to their different worldviews, on the one hand, understood that there was a set of eternal and immutable rights, but on the other, despite the fact that Such rights were evident, they also decided to translate them into legal documents.
Human Rights are an old idea. Its embodiment in laws and codes is more modern and is explained from the conceptual parameters used by the protagonists of this period. State, Nation, Progress, Rationalism, Positivism, Secularization… are categories that not only project but also limit the understanding of those who can all understand human rights. For this reason, it is not causal that the affront to the contemporary are in turn attacks on human rights. Moral relativism and nihilism are nothing more than questions about the ultimate foundations of what we call human rights.
What are human rights?
Many of these rights have been recognized in declarations, in international legal instruments and in political constitutions. They are reflected in these, objectively. Others still remain without manifestation in the deepest part of the conscience of humanity, waiting for favorable circumstances to abandon their state of potentiality.
Historically, human rights have emerged and have been recognized, progressively, in stages or 'generations' as the French jurist Karel Basak pointed out, without this 'generations' meaning that the new ones replace the previous ones.
Each of these stages or generations correspond or constitute, in a certain way, the realization of values or principles such as those enshrined by the French Revolution of 1789: freedom, equality and fraternity Correlatively to these values, at first there was talk of the existence three generations; Currently, up to four generations can be pointed out, the latter corresponding to the achievement of unity in diversity.
The first generation of rights, based on freedom, includes civil and political rights. These arise from the need to oppose the excesses of authority. They were proclaimed to limit the powers or powers of the State and were instituted as guarantees of freedom. They are listed as individual fundamental rights in the Declaration of Independence of the United States in 1776 and in the Universal Declaration of the Rights of Man and of the Citizen of 1789, rights that later became part of contemporary political constitutions. These are the rights called "liberties" as specified by the teacher Alzamora Valdez. Right to life, to physical integrity and liberty. Civil Rights: There is no discrimination based on sex, race, color, religion, language, or origin. Politicians:freedom of thought and expression.
Filing of appeals before an independent Judicial Power. Participation in the political life of the State. Democracy and referendum.
The second generation of rights is founded on equality. They are the rights benefits "or" rights acreencia "as opposed to the individual rights that are" power rights "To be realized in the world, man needs the help of society, through its rulers, in order to obtain the means to meeting your needs. Therefore, the rights to food, housing, clothing, health, work, education, culture, social security, etc. emerge.
In first generation rights, man objects to the state interfering with his freedom. You are required to abstain, a "do not". In second generation rights, the State must assume an active role; Thus, it has the obligation to create the necessary conditions for the satisfaction of the economic, social and cultural needs of all people equally.
They are collective rights.
Third generation human rights that must be upheld in the principle of fraternity, are the so-called rights to solidarity that are still in the process of maturing. They are inspired by the harmony that must exist between men and peoples, between them and nature. Here human life in community is conceived. They include the right to peace, the right to development, the right to a healthy and ecologically balanced environment, the right to property over the common heritage of humanity. At this stage an effective alliance is expected between peoples, between States.
In this third generation, it must be recognized that humanity has a right to peace both domestically and internationally. This right to peace implies the right of every man to oppose all war and, in particular, not to be forced to fight against humanity; to the national legislation to recognize a conscientious objector status; refusing to execute, during the armed conflict (when it is unavoidable), an unjust order that affects human dignity, etc.
The Universal Declaration of Human Rights of 1948, issued after the disastrous experience of the Second World War, somehow includes the claims contained in third generation human rights. This declaration consecrates, jointly with the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, especially the two previous generations.
Following the line of generations, there is currently a fourth generation of human rights. These new rights would obey the need to conceive humanity as a single family and that all its members must join efforts for global well-being and if any member of that body is hurt or injured, it will inevitably result in the suffering of all others. This new generation of rights would be the result of the inevitable unfolding of the social political organization towards ever greater and more complex forms; and, along with this, also the arrival towards legal systems corresponding to these new forms. This would be the stage of realizing the principle of unity in diversity.
The fourth generation of human rights includes the right to full and complete integration of the human family. Equality of rights without distinction of nationality, includes the right to form a state and supranational law.
