THE THREE GENERATIONS OF HUMAN RIGHTS - ARTE - 2024

The three generations of human rights belong to the proposal made in 1977 by Karel Vasak, a Czech jurist whose theories are mainly based on European law. According to this theory there are three types of human rights: civil-political, socioeconomic and collective development.

The first two refer to the individual claims of people against the State, they are well accepted norms and are regulated in various international treaties and conventions. The third type refers to the demands of the peoples and communities against the State; it is the most conflictive and lacks legal or political recognition.

In addition to the three generations of human rights mentioned, the existence of a fourth and a fifth generation has recently been raised that would be related to genetic engineering and the rights derived from new technologies. However, there is still no consensus on this.

First generation of human rights

The first generation of human rights refers to civil and political rights. In the 16th and 17th centuries these rights were born; It was when it began to be recognized that the rulers should not be omnipotent and it is considered as the beginning of the fight against monarchical absolutism.

It was suggested that there had to be limits and things that the State could not do. In addition, it was believed that the people should be able to have some influence over the policies that affected their lives. There are two ideas as the center of the movement:

- Personal freedom.

- Protection of the individual against the State.

Philosophers such as Locke, Montesquieu, Hobbes and Rousseau presented these ideas that were later embodied in legal documents of different countries (Magna Carta of 1215, Declaration of Rights of England in 1689, Bill of rights of the United States 1776 and French Declaration of rights of the man and the citizen 1789).

These documents with constitutional value limited absolute power in several respects:

- Limits were established on the introduction of taxes by the king, without the prior approval of Parliament.

- Limits were established on arrests and confiscation of property without the necessary prior judicial procedure.

- Freedom of expression and freedom of thought were proclaimed.

Second generation of human rights

The second generation of human rights refers to economic, social and cultural rights. They are rights that are based on ideas of equality and guarantee of access to goods, services and basic social and economic opportunities.

Industrialization and the emergence of the working class brought new claims and new ideas about what a dignified existence was. People realized that human dignity required more than non-interference from the state.

These economic, social and cultural rights are described in the International Covenant on Economic, Social and Cultural Rights (ICESCR), and also in the European Social Charter of the Council of Europe.

Social rights

Social rights allow full participation in life in society. They include at least the right to education and a family, but also known as civil rights (right to recreation, health care, privacy and non-discrimination).

Economic rights

Economic rights guarantee a minimum level of material security necessary for human dignity. It is claimed that the lack of employment or housing is psychologically degrading to the detriment of human dignity.

Normally, economic rights include the right to work, to housing, to a pension for the disabled and the elderly, and the right to an adequate standard of living.

Cultural rights

Cultural rights are those related to the cultural way of life. They include the right to education and the right to participate in cultural life.

However, there are other rights not officially classified as cultural, but which are vital to guarantee the continuity of the cultural idiosyncrasy of minority communities. Some are the right to non-discrimination and equal protection of the law.

Third generation human rights

The third generation of human rights refers to solidarity rights. They include the right to sustainable development, to peace, to a healthy environment, to participate in the exploitation of the common heritage of humanity, to communication and humanitarian assistance, among others.

Unfortunately, in much of the world, advances in human rights have been limited by existing conditions of extreme poverty, war or natural catastrophes.

Some experts are against the idea of ​​these rights because they are collective, since they affect communities or even entire countries. Their argument against is based on the fact that human rights are intrinsically individual.

It is feared that this change in terminology will provide an excuse for certain authoritarian regimes to eliminate (individual) human rights in the name of these collective human rights; for example, that they can severely restrict civil rights to ensure economic development.

Fourth and fifth generation of human rights

Some authors propose the emergence of a fourth and fifth generation of human rights, although it is not clear which rights they include.

In principle, the fourth and fifth generation of human rights refer to those related to genetic engineering or genetic manipulation, as well as digital rights related to new technologies.

Genetic manipulation

The study of the human genome, genetic manipulation, in vitro fertilization, experiences with human embryos, euthanasia and eugenics are activities that generate legal, ethical, moral and even religious problems.

For this reason, the States have decided to regulate these matters by adopting principles that will govern the relationship between genetic engineering and human rights, in such a way that the right to life and dignity is understood as a right that is above the genetic characteristics of a person.

These rights related to genetic engineering are the subject of a strong doctrinal debate regarding the recognition or prohibition of certain activities.

It is about guaranteeing that each person has the right to life, to their dignity and to their personal identity, which is strongly linked to their genetic makeup. The central idea is that the human being should not be genetically influenced.

References

1. Patrick Macklem (2015). Human Rights in International Law: three generation or one. Watermark.silverchair.com.
2. Steven Jensen (2017). Putting to rest the three generation theory of human rights. opengloblalrights.org.
3. Globalization101. (1991). Three generation of human rights. Globalization101.org
4. Adrian Vasile (2009). The generation of human rights. Law.muni.cz
5. Council of Europe (2017). The evaluation of human rights. coe.int