The Evolution of Human Rights: From Freedom to Solidarity
Human Rights: Definition and Evolution
Definition of Human Rights
Human rights encompass all faculties and demands of dignity, freedom, and human equality that, in every historical moment, must be positively recognized at national and international legal levels.
Key Characteristics of Human Rights
- Universal: They must be recognized for all human beings without exclusion. They are universal in law and are progressively becoming universal de facto.
- Precedence: When in conflict with other rights, human rights take precedence and must be protected as a priority.
- Imprescriptible: They cannot be lost, do not expire, and are not prescribed; they are effective for everyone, all the time.
- Inalienable: They cannot be alienated, assigned, or transferred to others.
- Indivisible, Interdependent, and Non-negotiable: All human rights are equally important because they complement each other. It is incorrect to diminish or sacrifice some human rights to promote others.
Philosophical Foundations of Human Rights
Many philosophers throughout history have posited that we all share a common nature: we belong to the same animal species and all have basically the same needs, fears, and aspirations towards happiness.
Other philosophers have suggested that a basis for affirming human rights can be found in our ability to reason, speak, and communicate. In this capacity, we understand that people are beings endowed with reason or rationality. Human rights express those universal rules of conduct that arise when we consider every person as a valid entity capable of expressing their understanding of good and justice.
Generations of Human Rights
First Generation: Rights of Freedom
These are civil and political rights that began to be claimed by the bourgeoisie against the Old Regime from the sixteenth century. They include rights such as the right to life, freedom of thought and speech, political participation, and protection from arbitrary detention. These rights were inspired by a basic moral value: freedom. Their recognition led to the development of the Rule of Law, where a constitution outlines the rights of all individuals.
Second Generation: Rights of Equality
These relate to economic, social, and cultural rights, such as the right to employment, fair wages, housing, healthcare, and education. They were claimed mainly by the labor movement over the last two centuries. This demand paved the way for a new understanding: that the state must not merely maintain order and individual freedoms, but actively ensure that First Generation rights are a reality for all, not just a privileged few. These Second Generation rights are fundamentally demands for equality. Their recognition led to the Social Rule of Law (or Welfare State), which guarantees the basic freedoms of the Rule of Law while also striving to redistribute wealth and ensure all citizens’ basic needs are met.
Third Generation: Rights of Solidarity
These rights include the right for everyone to live in a healthy environment on our planet and in a society of peace and development. They require international solidarity for their fulfillment and have been recently recognized in international declarations, aiming to commit all states to their realization.