Introduction to International Human Rights Theory and Practice – MS-TCDC

Historical, Philosophical and

Jurisprudential Aspects of
Human Rights

Topic – 3 Generations of Human Rights

Protection
By Adv. Harold G. Sungusia
www.sungconsultants.co.tz
Outline
 Introduction
 Human Rights and the Cold War Ideologies
 Civil and Political Rights
 Economic Social and Cultural Rights
 Collective Rights
 Conclusion
Are all human rights equally
applicable and enforceable to all
human beings irrespective of their
color, race, status, age,
political/religious ?
Introduction
• UNIVERSALITY - 1993 Vienna Declaration and Programme
of Action –
– Treat human rights globally in a fair and equal manner,
on the same footing, and with the same emphasis
• Cultural relativism:
Emphasis on significance of national and regional
particularities and various historical, cultural and religious
backgrounds when addressing human rights
Human Rights and the Cold War Ideologies
• One Declaration two Covenants?
– Cold war = Capitalist West vs. Socialist East
– Decolonization = Inferior South vs. Imperial North
– Different ideologies

• Karel Vasak, Czech 1970s – intermittent process

• Generations for Human Rights Protection:

– The field of protection of human rights grows from time to time
and now having three generations.
….Human Rights and the Cold War Ideologies

Second
First Generation – Third generation –
Generation-
Western – Southern – Self
Eastern – Socialism
Capitalism – Civil & Determination –
– Social Economic
Political Collective Rights
and Cultural
Civil and Political Rights

These are the basic

freedoms and liberties
which the Most of these
states/governments are rights are
required not to interfere protected by
with. the ICCPR

Sometimes there is no Tanzania ratified

actual expenditure that the the said
governments will incur in Covenant in
order for its subjects to 1976.
realize this right.
… Civil and Political
 Right to Life

 Right to Equality before the law

 Right to Personal Liberty

 Right to Freedom from Slavery

 Right to Freedom from Torture

 Right to Privacy
… Civil and Political
 Right to Family

 Right to Work

 Right to own Property

 Right to Freedom from Servitude

 Right to Freedom of movement,

 Right to freedom of association,

 Right to freedom of expression,

 Right to freedom of religion , opinion, conscience etc

Economic, Social and Cultural Rights
These touches the
actual and basic Most of the governments
needs for survival of have always an excuse
people in respect of for not ensuring that their
their lives people enjoy these rights
economically, socially claiming that they do not TZ ratified in
and culturally. have means to. 1976.

Governments are Most of these

required to incur some rights are
costs in order for its protected by the
people to enjoy these ICESCR of 1966
rights.
… Economic Social and Cultural

 Right to access basic needs

 Right to food, shelter, water, clothes,

 Right to education,

 Right to Health

 Right to benefit from scientific advancements

 Right to language
… Economic Social and Cultural

 Right to freedom from being a subject of experiment

 Right to cultural undertakings/practices

 Right to Leisure and recreation

 Right to Work

 Right to own Property

 Right to family
Collective Rights

It may happen
The origin of Most of these rights for a some
these rights is are protected by the rights to
the developing African Charter for overlap in any
countries Human and Peoples of the
‘LDCs’ Rights of 1981. generations.

Developed out of Most of the rights

CONCERNS: Apartheid; are enjoyed
self determination; collectively
development; new
international economic
order; environment
…. Collective Rights

• Right to development,

• right to be relieved from debts,

• right to peace and security,

• right to safe and decent environment etc.

Summary

1st Generation 2nd Generation 3rd Generation

Obligation Non-Intervention Intervention Multi-State

Type Civil & Political Social, Economic & Solidarity

Cultural

Immediate Progressively Collectively

Realization recognition & realized according Realized
Respect to available
resources
Conclusion

Treat human rights globally in a fair and

equal manner, on the same footing,
and with the same emphasis