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The Historical Advent of Human Rights Essay Example

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The Historical Advent of Human Rights

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The Historical Advent of Human Rights. The UN definition of Human Rights considers them to be ‘inter alia, universal and inalienable, interdependent and indivisible’ (Bailey, n.d.). There are varied obstacles and tensions to the existence of Human Rights. The theoretical foundations are based on the major conflicts of positive against negative rights; the debate between duties and rights; individual and group rights and the dilemma of universality as Western imperialism.
The negative right is meant to subject inaction while a positive right permits an action. Generation-wise, negative rights belong to the first generation, while the positive rights belong to the second and third generations, respectively. There is always a perennial conflict between the two schools of thought as one is conceptually antagonist to the other.

To explain, a positive right may confer upon the government to provide for the services to an individual. If on carrying out these duties, there is an increase of state expenditures and requires tax impositions, this would give birth to negative rights for preventing the government tax the people for money (Bailey, n.d.).
The norms pertaining to slavery, torture, and inhuman-treatment fall under the purview of civil-political human rights. These are prohibited by several Acts of Parliament and ratified by several Acts of Parliament. The State sometimes fails in its duties to give proper protection to vulnerable people against ill-treatment of all forms. For example, Article 3 of the European Convention on Human Rights states that “No one shall be subjected to torture or to inhuman or degrading treatment or punishment” (European Convention on Human Rights, 2012). In this case, the threshold of severity is the determining factor and a victim’s inability to be affected by the particular treatment is taken into account. There are different types of ill-treatment, such as Torture, Inhuman treatment or punishment, degrading treatment or punishment. This Article 3 places some negative obligations on the state which prevents from subjecting anyone within its jurisdiction to any form of mistreatment, punishment or any torture. The Historical Advent of Human Rights.

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Donnelly, J., 2002. Universal Human Rights in Theory and Practice. 2nd edn. Ithaca: Cornell University Press.

Falk, R., 2000. Human Rights Horizons: the Pursuit of Justice in a Globalizing World. New York: Routledge.

United Nations, no date. Universal Declaration of Human Rights. [online] Available at: <http://www.un.org/rights/HRToday/declar.htm> [Accessed 20 January 2015].

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preview essay on The Historical Advent of Human Rights
  • Pages: 5 (1250 words)
  • Document Type: Assignment
  • Subject: Law
  • Level: High School
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