Lecture 3: Development and Human Rights
12/16/12 9:22 AM
Are human rights and democracy an obstacle to development or an essential
Human Rights: rights that attach to every human being by the very fact of
his or her existence, inherent rights, colour, race, nationality, gender,
intelligence, ability or disability do not matter
• Cannot be given or taken away
• Can be recognized, but are inherent
• Do not have to be civil or constitutional but still apply to everyone
• Can be ignored and abused
• Once legislated they become civil, constitutional rights
• Some civil and constitutional rights are not human rights
Universal inherent human rights was first promoted as a philosophical
• Preamble: dignity of the human, equal rights
• Article 1, Subsection 3
o Promoting and encouraging respect for human rights
o For all
• Prevention of War, Building of Peace, Respect for Human Rights,
Economic and social development
Universal Declaration of Human Rights: 1948
• Adopted by many different types of states
• Doubt it could be done today
• Came about in the aftermath of WW2 à remembered the massive
bombings, Holocaust, soldiers killed
• Revolutionary because
o First time the whole world recognized that certain rights
belonged to all human beings.
o First time that an instrument in international law gave a high
priority to individual rights instead of state rights.
o First time there was a significant recognition of cultural,
economic and social rights.
§ Came about by the third world, they would not sign if it
did not include these
• Economic, Social and Cultural Rights
o Articles 22-27 o Article 22: Everyone, as a member of society, has the right to
social security and is entitled to realization, through national
effort and international co-operation and in accordance with
the organization and resources of each State, of the
economic, social and cultural rights indispensable for his
dignity and the free development of his personality.
o Article 23:
§ Everyone has the right to work, to free choice of
employment, to just and favourable conditions of work
and to protection against unemployment.
§ Everyone, without any discrimination, has the right to
equal pay for equal work.
§ Everyone who works has the right to just and
favourable remuneration ensuring for himself and his
family an existence worthy of human dignity, and
supplemented, if necessary, by other means of social
§ Everyone has the right to form and to join trade unions
for the protection of his interests.
o Article 24: Everyone has the right to rest and leisure,
including reasonable limitation of working hours and periodic
holidays with pay.
o Article 25
§ Everyone has the right to a standard of living adequate
for the health and well-being of himself and of his
family, including food, clothing, housing and medical
care and necessary social services, and the right to
security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of livelihood
in circumstances beyond his control.
§ Motherhood and childhood are entitled to special care
and assistance. All children, whether born in or out of
wedlock, shall enjoy the same social protection.
o Article 26
§ Everyone has the right to education. Education shall be
free, at least in the elementary and fundamental stages. Elementary education shall be compulsory.
Technical and professional education shall be made
generally available and higher education shall be
equally accessible to all on the basis of merit.
§ Education shall be directed to the full development of
the human personality and to the strengthening of
respect for human rights and fundamental freedoms. It
shall promote understanding, tolerance and friendship
among all nations, raci