Human Rights: Between Idealism and Realism, Third Edition
Contents
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I Unity and Diversity of Human Rights I Unity and Diversity of Human Rights
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II Development of First Generation and Second Generation Rights at National Level II Development of First Generation and Second Generation Rights at National Level
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A. First generation rights A. First generation rights
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B. Second generation rights B. Second generation rights
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III Contents of the International Bill of Human Rights III Contents of the International Bill of Human Rights
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A. Substantive provisions A. Substantive provisions
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B. Rights and obligations under human rights treaties B. Rights and obligations under human rights treaties
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IV The Unity, and the Difference in Character, of First Generation and Second Generation Rights IV The Unity, and the Difference in Character, of First Generation and Second Generation Rights
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V Third Generation Rights V Third Generation Rights
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A. The three rights A. The three rights
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1. Right to development 1. Right to development
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2. Right to peace 2. Right to peace
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3. Right to a healthy and clean environment 3. Right to a healthy and clean environment
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B. Uncertainties surrounding third generation rights B. Uncertainties surrounding third generation rights
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1. Holders of the rights 1. Holders of the rights
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2. Duty bearers 2. Duty bearers
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3. Contents 3. Contents
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8 From ‘Negative’ to Positive Duties—The Different ‘Generations’ of Human Rights
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Published:01 September 2014
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Extract
Unity and Diversity of Human Rights
It has become commonplace to affirm that all human rights, of whatever type, form a coherent whole. No dissonant voices are permitted in the official rhetoric of the United Nations. All relevant resolutions on the issue stress that human rights must be seen as an interwoven, indivisible, and interrelated complex of core legal norms.1 It is certainly true that from the viewpoint of the beneficiary classic rights like freedom of speech have no greater importance than social rights like the right to food. When analysed from the viewpoint of the guarantor of such entitlements, however, the configuration can change dramatically. Social rights may confront state authorities, the main provider, with truly challenging demands. This is the main reason why it has become routine to speak of different ‘generations’ of human rights.2
According to the current terminology, human rights of the first generation are ‘negative’ human rights, or civil liberties, which enjoin states to abstain from interfering with personal freedom. Freedom and security of person or freedom of speech are paradigmatic examples of this class of rights. When referring to human rights of the second generation (or ‘positive’ rights), the speaker has in mind economic or social rights such as the right to work or the right to social security, which entitle individuals or collectivities to certain goods or social services. The rights of the ‘third’ generation are epitomized by global aims such as the right to peace, the right to development, and the right to a clean and healthy environment. As will be shown, the classification scheme is of great relevance since the two classes of rights differ partially in nature and are endowed with different implementation mechanisms.
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