WHAT ARE SECOND GENERATION RIGHTS? - HISTORY - 2025

The second generation rights, also called "rights economic, social and cultural" rights are those belonging to the list of human rights that have a formal appearance in government and in society after the First World War.

Second-generation rights refer to the rights that all subjects have to have a good life economically, educationally and at work. Thanks to these statutes, it is possible or seeks to guarantee citizens a stable economy, access to free education, possibilities of culturization, with the primary purpose of achieving complete personal development and later, greater social and community development.

Eleanor Roosevelt with the Universal Declaration of Human Rights

Why are they called "second generation rights"?

They were called "second generation" because these rights formally appeared in the early twentieth century and by then, political, libertarian and civil rights had already been established, which are called first generation rights.

Furthermore, second generation rights find a fundamental foundation in first generation rights.

It is considered that through the educational and cultural development of a given society, a correct respect and exercise of civil and political rights as human beings is achieved.

In this sense, if the second-generation rights are carried out correctly, the first-generation rights appear and occur naturally. In fact, it is considered that the violation of second generation rights directly affects first generation rights and implicitly, they are also violated.

All people have the right to demand that the State respect and fulfill second-generation rights. The State will respond according to the possibilities and resources it possesses.

Second generation rights include and guarantee all citizens dignified treatment and equality in all social conditions.

In short, these rights establish the right to a job and a decent salary, with equitable conditions for all people; the right to free primary and secondary education and likewise, access to public health.

Second generation rights also cover the entire issue of social security (benefits).

Origin and organization of second generation rights

It was in 1977 that the organization of all rights into different strata was proposed, giving rise to first, second and third generation rights.

Although each of them had already been proclaimed and accepted by different countries years ago, it was on this date and thanks to the Czech lawyer, named Karel Vasak.

His main foundation for structuring rights in this way was to pigeonhole them into the theme of the French Revolution, which was freedom, equality and fraternity.

Although some of the second generation rights had already had their appearance in 1948 in the institution of the Universal Declaration of Human Rights, it is really in 1966 when they were fully developed and received their own space in the International Covenant on Economic and Social Rights. and Cultural.

From its origins, second-generation rights have always responded to the interest of the subjugated and marginalized in society.

Although today they may seem like common sense, we must consider the fact that they really appeared against fascism, which had so much power and boom in 20th century Europe.

On the other hand, it was in 1944 when the president of the United States, Frankin Delano Roosevelt established the so-called “Bill of Rights”, where he clarified that the guarantee of second generation rights could only be fulfilled, promoted and guaranteed, as long as the State was in the possibilities.

Laws and articles corresponding to second generation rights

The second-generation rights to which all human beings have access, are reflected and written in articles 22 to 27 of the Universal Declaration of Human Rights.

Likewise, they were included in the International Covenant on Economic, Social and Cultural Rights. From Article 6 to 15 the demands that can be made to the State can be clearly observed and read.

Labor rights

Articles 6, 7 and 8 clearly cover labor rights. In the first instance, it is exposed to work for anyone, but it also includes a free choice decision in employment and even the right to strike, in case of disagreements or discontent.

On the other hand, all appropriate working conditions must be in place, guaranteeing equity and satisfaction. All people must have an appropriate and decent salary, commensurate with the tasks performed.

Article 9 contemplates the right to social security and to the fulfillment of all labor laws that this category includes.

Protection of children and adolescents

Article 10 protects all minors and establishes continuous protection by parents or representatives while they are in the stage of childhood and adolescence.

Articles 11, 12, 13 and 14 speak of the guarantee of a dignified life and each one of these articles covers it in a different way, touching different topics.

For example, in article 11 it is said that the State must guarantee an acceptable standard of living, creating all the conditions that are necessary to improve its existence and satisfy needs.

Right to housing, clothing and footwear

This also includes a home in good condition and dignity, accessibility to clothing, footwear, water and electricity. On the other hand, the right to have adequate, dignified and balanced food is also contemplated.

Right to health

Article 12 establishes the right to health, both mental and physical, and everything that includes (insurance in case of illness, disability, accident, orphanhood, widowhood, among others).

Education rights

Articles 13 and 14 speak about the right that all people have to have and to receive a dignified, adequate and free education. Finally, article 15 establishes a guarantee for the cultural development of all people.

The State must do everything possible to guarantee the promotion of scientific, cultural, literary, artistic and any other type of activities that are of interest to the society in which one lives.

References

1. Bunch, C. (1990). Women's rights as human rights: Toward a re-vision of human rights. Rts. Q., 12, 486. Recovered from: heinonline.org
2. Burgdorf Jr, RL (1991). The Americans with Disabilities Act: Analysis and implications of a second-generation civil rights statute. Cr-ClL Rev., 26, 413. Recovered from: heinonline.org
3. Burgdorf Jr, RL (1991). The Americans with Disabilities Act: Analysis and implications of a second-generation civil rights statute. Cr-ClL Rev., 26, 413. Recovered from: heinonline.org
4. Luño, AEP (2013). The generations of human rights. Revista Direitos Emergentes na Sociedade Global, 2 (1), 163-196. Recovered from: periodicos.ufsm.br
5. Marks, SP (1980). Emerging human rights: a new generation for the 1980s. Rutgers L. Rev., 33, 435. Recovered from: heinonline.org
6. Nikken, P. (1994). The concept of human rights. IIHR (ed.), Basic Human Rights Studies, San José, I, 15-37. Recovered from: datateca.unad.edu.co
7. Woods, JM (2004). Emerging Paradigms of Protection for Second-Generation Human Rights. J. Pub. Int. L., 6, 103. Recovered from: heinonline.org.