What are Human Rights?
Human rights are a category of basic rights guaranteed to each and every human being, regardless of social class, race, nationality, religion, culture, profession, gender, sexual orientation or any other possible variant that may differentiate the human beings.
despite the common sense to believe that Human Rights are a kind of entity that supports some people or that are an invention to protect some types of people, they are actually much more than that. To understand it better, we need to make some necessary conceptual distinctions before delving into the subject.
Read too: What is the Democratic Rule of Law?
Myths and Truths about Human Rights
1. Human rights were not created by someone.
First, human rights are not an invention, but the recognition that, despite all the differences, there are basic aspects of human life which must be respected and guaranteed.
THE Universal Declaration of Human Rightsit was written in order to protect the existing rights since there was any evidence of rationality in human beings. Therefore, she did not create or invent rights in her articles, but limited herself to officially writing what, in some way, already existed prior to her writing. Therefore, when common sense says that “Human Rights were created for...”, we can already identify something wrong in the comment.
2. Human rights are universal.
In second place, the extent of human rights is universal, applying to each and every type of person. Therefore, they are not meant to protect or benefit someone and condemn others, but they have general application. So, phrases repeated by common sense, such as "Human rights serve to protect criminals”, are not correct, as Human Rights are a protection for all humans.
Claims based on the Universal Declaration of Human Rights can be made to avoid actions that violate the rights of defendants or criminals, such as unjustified imprisonment, torture or murder.
3. Human rights are not a person.
Finally, Human Rights is not an entity, an NGO or a person who presents himself physically and has a will of his own. Therefore, the phrase repeated by common sense "But when a policeman dies, Human Rights will not support the family." it is doubly incorrect, since Human Rights are not an entity or persons and they extend to everyone, including cops.
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How did human rights come about?
We can make a first foray into the american revolution, in which the letter Bill of Rights (or the Bill of Rights of Citizens of the United States) ensures certain rights to those born in the country. Among them, guarantees the Right to life, à freedom, à equality and the property. Thus, the government could not attack one of these rights of someone without due process and judgment within the parameters of the law.
At the same time that this American amendment was officially accepted, the French Revolution, in 1789, and was written to Declaration of Human and Citizen's Rights. Liberal in nature and based on ideals illuminists who preached to equality, a freedom and the fraternity, this declaration was intended to ensure that no man should have more power or rights than another – which it represented the republican and democratic ideal, which at the time threatened the ancien regime, in which only one person concentrated powers.
At first, both the American and the French declarations did not ensure broad rights to all members of the human race, because, at the time, women still did not have all their civil rights guaranteed and there were still slavery.
only in 1948 the official letter was published containing the Universal Declaration of Human Rights, which would guarantee, for all, their basic rights. The history of this document follows the history of the beginning of the United Nations Organization (UN), which began its activities in February 1945.
What was wanted that year was avoid further tragedies, such as those that occurred during the Second World War— for example, the so-called “final solution” of the Nazi government against the Jewish people or acts prior to the official start of the war, such as the arbitrary arrests and exile of Jews, as well as the enslavement of peoples, other genocides, etc. With the end of World War II, the resulting scenario contained millions of dead, millions in situations of misery and hunger, and thousands of civilians who had some right violated by attacks, actions or crimes of war.
Read too: Final solution: the Nazi plan to exterminate the Jews in Europe
In order to develop strategies to avoid further tragedies, representatives from 50 countries met to create a world body that aimed to guarantee peace and respect among peoples. The first action elaborated was the formation of a UN Human Rights Commission, who would be responsible for drafting a prescriptive document to list all the fundamental rights of human beings. The declaration was completed on June 18, 1948 and approved by the UN General Assembly on December 10, 1948.
Today, 193 countries are signatories of the UN. This means that, among other things, they must guarantee respect for the basic rights of citizens in their territories. There is no express and objective way for the organization to monitor and regulate compliance with Human Rights, but the laws of most Western democratic countries, as well as their judicial systems, refer to the articles expressed in the Universal Declaration of Human Rights to formulate their legal texts and apply legal decisions and measures.
human rights and the UN
In addition to having written the central document that deals with Human Rights in the world, the UN has the task of guaranteeing the application of such rights. However, the organization cannot act as a Supervisor or regulatory center ordering actions within countries and governments. what the UN it can do is, at most, recommendations for the signatory countries to follow the precepts established in the document.
In addition to recommendations, strategic actions involving signatory countries to pressure governments to respect human rights within of their territories, such as economic embargoes, cuts in trade relations, restrictions on free trade zones and restrictions or cuts in relations outdoors.
Human Rights in Brazil
There is a lot to discuss about Human Rights in Brazil. In the first place: there are numerous disrespect to this category of rights in our territory by governments, State agents and companies. In second place: there is a reluctance of common sense to accept this category of rights, even realizing that those who criticize such rights are also guaranteed by them. In third place: we can see that personalities who dedicated their lives to fight for such rights were threatened, killed or silenced.
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Over time, we realized that the constitutions were gradually adapting and being improved in terms of human rights guarantees for Brazilian citizens. Take, for example, the qualitative leaps represented by the Federal Constitution of 1934, which guaranteed advances for the working class and established the female suffrage, and for Federal Constitution of 1988, which is fully aligned with the Universal Declaration of Human Rights.
Despite advances, we had dark periods, such as the Military dictatorship, which took place between 1964 and 1985, when, in their heaviest years, hundreds of people were arrested arbitrarily, exiled, tortured and even killed because of their political orientations or for the affront to the dictatorial government.
We also run into some problems regarding the guarantee of Human Rights in Brazilian territory today. The main factors that show these failures are the high rates of homicides, especially among young people, people living in the suburbs and black people; police abuse and executions committed by police or militias; the flawed prison system, which is in crisis; threats to human rights defenders; misery and high social inequality; violence against women; and working in situations analogous to slavery.
Read too: Racism: causes, types, structural racism and occurrences in Brazil
Articles of the Universal Declaration of Human Rights
Articles on the Universal Declaration of Human Rights.
The official UN document called the Universal Declaration of Human Rights has 30 articles preceded by a preamble. The preamble provides the justifications for writing such a document and establishes the bases on which the articles were designed. Below, we explain each of the articles in the Universal Declaration of Human Rights. To read them in full, access the text: Universal Declaration of Human Rights.
Article 1 — deals with freedom and equality, which must extend to all human beings.
Article 2 — all persons can claim for themselves the rights set out in the document. No discrimination, of any origin, can be made.
Article 3 — the most fundamental rights are presented: to life, liberty and personal security.
Article 4 — says that no one can be kept in regimes of slavery or servitude.
Article 5 — says that no one can be subjected to torture, cruelty or any kind of degrading treatment.
Article 6 — legal personality (ie the legal and legal recognition of everyone as a citizen) must be recognized everywhere.
Article 7 — the law must be the same for everyone, it must protect everyone, and the declaration document also applies to everyone, regardless of differences.
Article 8 — anyone can appeal to the justice system against violations of the law that affect them.
Article 9 — prohibits arbitrary arrests, detentions or exiles, that is, that were not the result of a process legal document that proves the act as a determination of a court decision or some type of judicial measure valid.
Article 10 — everyone is entitled to an official, public, impartial and fair trial.
Article 11 — with two paragraphs, the article states that someone who is accused of a crime is innocent until proven guilty and that he or she is not someone can be convicted of an action that, at the time it was committed, was not a crime at the national or international level.
Article 12 — the law must protect so that no one suffers intrusion in the private sphere of their lives.
Article 13 — dealing with borders and territories, the two items of this article say that everyone has the right to reside wherever they want within a State and that everyone can leave or return to their State of origin when want.
Article 14 — the two clauses of this article guarantee the right to seek asylum in other countries for persecution, except in the case of a legitimate legal process.
Article 15 — the two sections of this right say that nationality is everyone's right and that no one can be deprived of it.
Article 16 — the three sections of this article say that: from the age at which marriage is allowed, everyone has the right to to marry, regardless of any difference between them, provided there is the consent of both parts; and that the State must guarantee the protection of the family, understanding that this is the fundamental element of society.
Article 17 — says that everyone has the right to property and that no one can be arbitrarily deprived of it.
Article 18 — deals with religious freedom, guaranteeing the right to everyone to choose and change their religious beliefs, as well as to manifest them in public or private.
Article 19 — says that everyone has the right to freedom of expression, no one can be censored or discriminated against for their opinions, and everyone has the right to publicize them.
Article 20 - everyone can meet peacefully, and no one can be forced to participate in any kind of meeting.
Article 21 — Everyone can participate in the politics and public life of their country, either directly or through elected representatives. The third item of this article also says that the popular will is the first foundation that grants legitimacy to public powers.
Article 22 — everyone has the right to security and social security and can demand these rights in their various possible forms.
Article 23 — dealing with work, the four sections of this article guarantee everyone: the possibility of choosing the work; decent work; compatible, fair and decent remuneration for any type of work; equal pay for equal work; and the possibility of founding and joining unions.
Article 24 — everyone has the right to rest, leisure, a working day compatible with rest and periodic paid vacations.
Article 25 — the first item says that everyone has the right to basic living conditions that guarantee, for themselves and their family, the basic conditions of subsistence (health, well-being, food, clothing, housing and social services necessary). In the event of involuntary loss of livelihoods, social assistance is also provided. The second item guarantees the protection of motherhood and childhood, which must be protected.
Article 26 — dealing with education, this article says that all people have the right to elementary education, universal and free. It also says that higher education must be open to everyone on an equal basis, that education must promote the respect and Human Rights, and that it is up to parents to choose the type of education their children will receive. receive.
Article 27 — everyone has the right to participate in and enjoy the culture, arts and science produced in their community.
Article 28 — everyone, without distinction, has the right to order and the guarantee of the rights established in the Declaration.
Article 29 — everyone has duties to the communities and, following the fulfillment of duties, their rights are guaranteed.
Article 30 — the rights and guarantees set forth in the Declaration may not be used to destroy or attack any fundamental right.
Summary
Human Rights are a category of basic and inalienable rights.
They guarantee basic rights to all members of the human species.
Its first recognitions occurred in the American Revolution and the French Revolution.
They were made official, in the 20th century, through the UN Universal Declaration of Human Rights.
Their objective is to guarantee fundamental rights, such as life, liberty, health and safety of people, as well as the right to defense and fair trial for those accused of a crime.
by Francisco Porfirio
Sociology Professor
