* A handout I created for a discussion on "rights." The formatting is not the greatest given this blog format.
Universal Declaration of
Human Rights (UDHR)—Analysis from John Warwick Montgomery Human Rights and Human Dignity (Dallas,
Texas: Probe Books, 1986), 26-29.
1st Generation Rights
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2nd Generation Rights
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3rd Generation Rights
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Liberte’
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E’galite’
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Fraternite’
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Civil and political freedoms
“Citizens
of the United States are particularly well-acquainted with ‘first generation’
human rights, for they are given constitutional status in the first ten
amendments to the Federal Constitution … These ‘civil liberties,’ as they are
generally termed on the national or domestic level, are extensively
incorporated into the Universal Declaration of Human Rights Articles 2-21…”
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Economic, social, and cultural rights
“Underlying
them is the concept of social equality.
They take their modern origin particularly from the socialist
traditions of the early nineteenth century (what Engels called ‘utopian
socialism, an infantile disorder’) and from the Marxian socialism of the
latter part of the same century.
Articles 22-27 of the Universal Declaration of Human Rights catalog
many of these rights: the right to work, to rest, and to leisure (paid
holidays), and the right to social security, to education, and to the
protection of one’s inventions and literary achievements.”
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Solidarity rights
“These
rights are an expanding category which at least include national
self-determination, the right to economic and social development, the right
to benefit from the ‘common heritage of mankind’ (sharing of the earth’s
resources and wealth—as embodied in the recent United Nations Law of the Sea
Treaty), the right to a healthy environment, the right to peace, and the
right to humanitarian disaster relief.”
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UDHR articles 2-24
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UDHR articles 22-27
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UDHR article 28
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Negative right
“…(freedom
from the abuse and misuse of
political authority). Indeed,
these rights epitomize the Western liberal-political ideal of individual
freedom over against the encroaching power of the state.”
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Positive rights
“These
second-generation rights are often regarded as more positive than negative in nature, not in the sense of their
having a higher value, but in that their realization is difficult (in some
cases virtually impossible) without affirmative state action. The they entail a more positive role
for the state and have been especially emphasized (at least in theory) by
Eastern-bloc nations.”
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Positive rights
Note: J. W Montgomery does
not specify that 3rd generation rights are more positive in nature
but from the concepts listed above they would seem to fit more on the
positive right end of things.
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First world—USA
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Socially oriented
collectivistic East
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Developing Third
world and Marxist states
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Greatest legal sanctions behind them
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Somewhere in between 1st and 3rd
generation rights in terms of enforceability
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Relatively little enforceability
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