Stemming the Bias of Civil and Political Rights over Economic, Social, and Cultural Rights

By Qureshi, Waseem Ahmad | Denver Journal of International Law and Policy, Summer 2018 | Go to article overview

Stemming the Bias of Civil and Political Rights over Economic, Social, and Cultural Rights


Qureshi, Waseem Ahmad, Denver Journal of International Law and Policy


I. INTRODUCTION

To comprehend the true meaning of economic, social, and cultural rights as human rights, first it is important to understand that all human rights are consistently interconnected with seemingly distant moral values, political narratives, and legal technicalities. (1) Throughout history, people have struggled to preserve human dignity, and in essence human rights are all about respecting the core of this human dignity. (2) As a natural instinct, human beings resist and react inwardly and outwardly when they feel that their dignity is abrogated by any means; (3) human dignity is both a feeling and a vision. (4) Through a certain set of rules humans have tried to protect these intuitions. (5) These rules are called human rights. However, the concept of human dignity--which is the core of human rights--has evolved. (6) Therefore, it is very much possible that a feeling that was never historically associated with human dignity is, here and now, seen as a vital core of human dignity. (7) Furthermore, the evolution of human rights has a lot to do with the consensus built among humankind. (8) The determination of human rights basically contests that humankind has consensus upon "what sort of practices violate human dignity." (9) These consensuses have developed over human history to shape human rights. (10) For example, over the last couple of centuries, (11) humanity as a whole has agreed that torture (12) and slavery (13) violate human dignity. (14) As a result, the right not to be tortured and the right not to be enslaved are both now basic human rights. (15)

Even within a small nation, it is quite challenging to attain consensus on developing any particular human right because doing so requires deliberations and debates within societies, groups, and parliaments. (16) Further, to progress consensus, fact-finding commissions are established to gather facts and present them to the general public to highlight issues and general practices that violate human dignity. (17) If a society is convinced that a certain practice genuinely abuses human dignity, it provides its collective weight to push for legislation to embed this conviction into its national law. (18) In this way, laws protect human dignity through human rights.

This societal conviction to protect human rights is even reflected in the wording of the preamble to the Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948, (19) which states that:

"... the Peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person, and in the equal rights of men and women, and have determined to promote social progress and better standards of life in larger freedom." (20)

Clearly, there are definite shared tenets of human rights that can be seen as an embodiment of the mutual characteristics of human dignity. These tenets can be categorized into four groups. First, all human rights are inherent in nature, which means that human rights arc a matter of human privilege by birth. This is why they are referred to as human rights. (21) Second, human rights and human needs are two distinct features; a government is obliged to safeguard human rights but not to fulfill any human needs. (22) Third, human rights can be claimed against governments through ascribed procedures, which means that a government has to provide a prescribed channel for the enforcement of human rights. (23) Fourth, human rights are universal. (24) In other words every human being is entitled to human rights regardless of his/her race, skin color, or religion. (25)

In addition to these groups, there are certain kinds of other divisions among human rights that have been carved out by the international and regional legal instruments that devised them. (26) Major legal instruments that form the overall legal framework of human rights include international and regional instruments, such as treaties and agreements, and domestic frameworks, such as constitutions and legislation. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Stemming the Bias of Civil and Political Rights over Economic, Social, and Cultural Rights
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.