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What are human rights and what are they for?

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Human rights are a series of universal guarantees and freedoms that were formulated to preserve peace, equality and dignity of people.

The document that collects them is the Universal Declaration of Human Rights, and consists of 30 articles. It was signed on December 10, 1948 by the United Nations General Assembly.

1. freedom and equality

All human beings are born free and equal in dignity and rights and, endowed as they are with reason and conscience, they must behave towards one another in a spirit of brotherhood.

This first article manifests the free condition of human beings from birth and their obligation to respect other human beings.

2. They protect all people without distinction

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without regard to race, color, sex, language, religion, political or other opinion, national or social origin, economic position, birth or any other condition. [...]

The second article states that all people, regardless of their origin, ideology or any other factor, have the right to enjoy everything that is provided for in this Declaration. The differentiation or exclusion of certain people is not allowed. Human beings are protected by the very fact of being human.

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3. Life, liberty and security

Every individual has the right to life, liberty and the security of his person.

No human being has the right to deprive another of the right to live, to be free or to put their safety and integrity at risk.

4. slavery is prohibited

No one will be subjected to slavery or servitude, slavery and the slave trade are prohibited in all their forms.

According to this article, no human being can be treated as a possession. It refers to the practices of capture, trade or exchange of people for forced labor or marriage, recruitment of minors and other types of servitude.

5. Prohibition of methods of torture

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

That is, no one can deliberately cause physical or psychological damage to other people as a form of discrimination, punishment, intimidation, theft of information, etc.

6. Recognition of legal personality

Every human being has the right, everywhere, to the recognition of his legal personality.

From birth, all people, regardless of where they are, are subjects recognized by law and, therefore, have a series of rights and obligations. This recognition only ends with the death of the person.

7. Equality before the law

All are equal before the law and have, without distinction, the right to equal protection of the law. Everyone is entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

According to this right, all people are equal before the law, regardless of their origin, gender, race, position, ideology or religion. The law will be the same for everyone, without exceptions or privileges. Therefore, everyone is entitled to the same protection.

8. Effective remedy against the violation of rights

Every person has the right to an effective remedy before the competent national courts, which the protect against acts that violate their fundamental rights recognized by the constitution or by the law.

This right guarantees people a legal, fast and effective process against those acts that violate their rights. In other words, the judicial institutions will facilitate the process so that the individual can denounce such acts.

9. Arbitrary imprisonment or exile

No one shall be subjected to arbitrary arrest, detention or exile.

No human being shall be deprived of his freedom or expelled from a territory for unproven causes, that is, without having evidence that that person has committed a specific offense or crime.

Arbitrariness responds to the will of the person who decides and, therefore, it would be an unfair decision.

10. Fair legal assistance

Every person has the right, under conditions of full equality, to be heard publicly and fairly by an independent and impartially, for the determination of her rights and obligations or for the examination of any accusation against her in criminal matters.

This right, closely linked to that of equality before the law, holds that any human being must be protected by a court in an objective and neutral manner, that is, the legal power must function in a Independent.

This treatment must be fair and equitable both for the disposition of the freedoms and duties of people and when judging criminal acts.

11. Presumption of innocence

1. Every person accused of a crime has the right to be presumed innocent until proven guilty. in accordance with the law and in a public trial in which all the necessary guarantees for his defending.
2. No one will be convicted for acts or omissions that were not criminal under national or international law at the time they were committed. Nor will a heavier penalty be imposed than the one applicable at the time the crime was committed.

In other words, everyone is innocent until proven otherwise, through a legal process in which the person tried can defend himself.

The laws may not be applied retroactively. That is to say, if at the time the act was committed it was not considered a crime, then laws or more severe sanctions, which have been approved later, cannot be applied.

12. Protection of privacy

No one shall be the object of arbitrary interference with his private life, his family, his home or his correspondence, nor of attacks on his honor or reputation. Everyone has the right to the protection of the law against such interference or attacks.

This right exists to protect the privacy of people, and that of their families, against lies that may harm their image and against the interference of third parties in the personal sphere. No one can enter someone's home or read their mail without that person's permission.

13. Free movement

1. Every person has the right to move freely and to choose his residence in the territory of a State.
2. Every person has the right to leave any country, including his own, and to return to his country.

That is, any human being has the freedom to leave and enter his country. In addition, you have the right to choose the territory in which you intend to reside.

The law may establish restrictions on this right in cases where, for example, safety or health are endangered. Given the recent health emergency situation, this right was restricted according to the laws of the different States.

14. right of asylum

1. In case of persecution, everyone has the right to seek asylum, and to enjoy it, in any country.
2. This right may not be invoked against a legal action actually originating from common crimes or from acts contrary to the purposes and principles of the United Nations.

It is a right that protects people who are being persecuted for a certain condition or because they live in places where a conflict is taking place. In no case can this right be used to avoid convictions or sanctions imposed for committing illegitimate acts.

15. Right to a nationality

1. Everyone has a right to citizenship.
2. No one shall be arbitrarily deprived of his nationality or the right to change his nationality.

All human beings have the right to a nationality, that is, to belong to the citizenship of a State. This right can be acquired by birth, by kinship or by concession of the State itself. Nationality guarantees protection to the individual, in addition to granting him a series of rights and obligations.

16. Form a family

1. Men and women, from legal age, have the right, without any restriction for reasons of race, nationality or religion, to marry and found a family, and shall enjoy equal rights as regards marriage, during the marriage and in the event of dissolution of the marriage. marriage.
2. Only with the free and full consent of the future spouses can the marriage be contracted.
3. The family is the natural and fundamental unit of society and is entitled to protection by society and the State.

All persons have the right to marry and to form a family, provided that they have reached the age established by the laws of your country and that there is consent on the part of both contracting parties

No one can be deprived of this right for ethnic, religious or origin reasons, and within the marriage bond, both parties will enjoy equal rights.

17. Right to property

1. Every person has the right to property, individually and collectively.
2. No one shall be arbitrarily deprived of his property.

Every individual, without distinction for reasons of race, gender, nationality, religion, ideology or situation, you have the right to be an owner, that is, to possess and dispose of your assets with total freedom. In no case may he be unjustly deprived of his property.

18. freedom of thought

Every person has the right to freedom of thought, conscience and religion; this right includes the freedom to change his religion or belief, as well as the freedom to manifest his religion or belief, individually and collectively, both in public and in private, by teaching, practice, worship and observance.

This right protects and defends the plurality of ideas and beliefs, in all their forms and manifestations. Any person has the right to maintain a religious belief, ideology or way of thinking and to change it freely, if he deems it appropriate.

19. Freedom of expression and opinion

Every individual has the right to freedom of opinion and expression; this right includes the right not to be bothered because of his opinions, to investigate and receive information and opinions, and to disseminate them, without limitation of borders, by any means of communication. expression.

People have the right to express their opinions and opinions, but freedom of expression may have certain limits. For example, in cases where a person's opinion represents speech that incites hatred, violence or any other act that may violate other rights.

20. freedom of assembly

1. Everyone has the right to freedom of peaceful assembly and association.
2. No one may be forced to belong to an association.

This right refers to the freedom to get together with other people for a certain matter, as long as it is peaceful. Like, for example, a sports club, a neighborhood association, a union or an organization for the defense of animals.

21. Participation in political life

1. Every person has the right to participate in the government of his country, directly or through freely chosen representatives.
2. Every person has the right of access, under conditions of equality, to the public functions of their country.
3. The will of the people is the basis of the authority of public power; this will will be expressed through genuine elections to be held periodically, for universal and equal suffrage and by secret ballot or other equivalent procedure that guarantees the freedom of the vote.

According to this article, human beings have the right to collaborate and be part of the political life of their country, either by electing their representatives or through public office. The public powers, therefore, come from the people, from the will of the citizens, in the exercise of their right to a free and secret vote.

22. Social security and other resources

Every person, as a member of society, has the right to social security, and to obtain, through national efforts and international cooperation, taking into account the organization and resources of each State, the satisfaction of economic, social and cultural rights, essential to their dignity and the free development of their personality.

Citizens and their families have the right to be protected by the State with regard to health, subsidies and benefits. The State undertakes to guarantee certain social rights of citizens in situations of incapacity.

23. Right to work

1. Everyone has the right to work, to free choice of work, to just and favorable conditions of work and to protection against unemployment.
2. Everyone has the right, without any discrimination, to equal pay for equal work.
3. Every person who works has the right to a fair and satisfactory remuneration, which ensures him, as well as his family, a existence in accordance with human dignity and that will be completed, if necessary, by any other means of protection Social.
4. Every person has the right to found trade unions and to organize for the defense of his interests.

In this right it is latent that all human beings have the right to work and to decent working conditions. People are free to choose their profession or employment, without being discriminated against for any reason.

Likewise, they enjoy the freedom to protect their labor rights and form part of union associations. In addition, the salary received must guarantee optimal living conditions for their development and that of their family.

24. Right to rest

Everyone has the right to rest, to enjoy free time, to a reasonable limitation of the duration of work and to regular paid vacations.

Article 24 arises as a regulation for the right to work. Work is just as necessary as rest, for the full development of people and good physical and mental health.

25. Welfare state

1. Everyone has the right to a standard of living adequate for the health and well-being of himself and his family. welfare, including food, clothing, housing, medical care and social services necessary; You also have the right to insurance in case of unemployment, illness, disability, widowhood, old age or other cases of loss of your means of subsistence due to circumstances beyond your control.
2. Motherhood and childhood are entitled to special care and assistance. All children, born in or out of wedlock, are entitled to equal social protection.

This right focuses on one of the main scourges that exist in the world, poverty.

Much of the world's population does not have basic needs such as food, hygiene and health care. This article collects a series of social rights that guarantee the well-being, especially of the most vulnerable groups, the elderly and children.

26. Education rights

1. Every person has the right to education. Education must be free, at least with regard to elementary and fundamental instruction. Elementary instruction will be mandatory. The technical and professional instruction will have to be generalized; access to higher education will be the same for all, based on the respective merits.
2. The purpose of education shall be the full development of the human personality and the strengthening of respect for human rights and fundamental freedoms; promote understanding, tolerance and friendship among all nations and all ethnic groups or religious, and will promote the development of the activities of the United Nations for the maintenance of the peace.
3. Parents shall have a prior right to choose the type of education to be given to their children.

The right to education is the basis for the development of many other rights. All children must have access to a compulsory and free education that allows their personal growth and their active participation in society.

27. Right to culture

1. Everyone has the right to freely take part in the cultural life of the community, to enjoy the arts, and to participate in scientific progress and its benefits.
2. Every person has the right to the protection of the moral and material interests that correspond to him by reason of the scientific, literary or artistic productions of which he is the author.

This article understands culture as a hallmark of a people, the fruit of the activity of its people. Therefore, all people have the right to participate in this activity, either actively or as a spectator. The protection of people's intellectual property also follows from this right.

28. Effectiveness of rights

Everyone has the right to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

In other words, it is necessary for the States to guarantee the fulfillment and effectiveness of the articles included in the Universal Declaration of Human Rights.

29. Exercise of rights and duties

1. Every person has duties towards the community, since only in it can he freely and fully develop his personality.
2. In the exercise of their rights and in the enjoyment of their freedoms, every person will only be subject to the limitations established by law for the sole purpose of ensuring the recognition and respect for the rights and freedoms of others, and to satisfy the just demands of morality, public order and general welfare in a society democratic.
3. These rights and freedoms may not, in any case, be exercised contrary to the purposes and principles of the United Nations.

This set of rights also implies a series of obligations, among which respect for the rights of others and respect for social order and peace stand out.

30. Suppression of Human Rights

Nothing in this Declaration may be construed as conferring any right on any State, group or individual to undertake and develop activities or carry out acts aimed at the suppression of any of the rights and freedoms proclaimed in this Declaration.

The last article protects the content of the Universal Declaration of Human Rights against possible impositions by States or individuals, and misuse with the intention of infringing other Rights.

All the rights collected here have the same importance, no right prevails over the others.

Generations of Human Rights

The first classification of Human Rights by generations was made by Karel Vasak in 1979. Each generation responds to a series of rights approved at a given historical moment. This provision does not attend to hierarchies or degrees of importance.

First generation

The civil and political rights recognized in various declarations, such as the Declaration of the Rights of Man and the Citizen of the French Revolution, belong to the first generation.

Its function was to protect aspects such as the life or integrity of people against the public powers, which at that time had the power to intervene in private affairs.

Second generation

The second generation of Human Rights is made up of collective, economic, cultural and social rights. Born as a result of World War II.

In this case, the public powers are appealed to protect individuals against situations of need, such as unemployment. Rights such as education or work are guaranteed in order to provide equal opportunities.

Third generation

They are rights based on solidarity and cooperation between nations and benefit collectively, an entire community.

Rights such as peace or the preservation of the environment, for example, are part of this generation. Its effectiveness does not depend on the public powers or individuals of a single State, but the collaboration of all nations is necessary.

There is a debate about a possible fourth generation, in which the rights contemplated in the three previous generations are interpreted and adapted to a new reality led by development technological.

What are human rights for?

Human Rights serve to protect all people and ensure that they have decent living conditions. That they can develop their capacities and participate in society in an active and contributing way.

Likewise, they serve to promote equality and respect between people, regardless of their gender, race or origin; respect for other cultures, ideologies and religions; respect for the environment that surrounds us and for the social order, for the benefit of a healthy coexistence.

The importance of Human Rights lies in the fact that all human beings, by their nature, from birth, by the mere fact of being human, are protected by them.

References:

United Nations General Assembly. "Universal Declaration of Human Rights." 217 (III) A. Paris, 1948. http://www.un.org/en/universal-declaration-human-rights/

See also:

  • Human rights and fundamental rights.
  • Rights and duties.
  • Rights and obligations of children.
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