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(SOURCES: Menschenrechte. Materialien für die Bildungsarbeit mit Jugendlichen und Erwachsenen. (institut-fuer-menschenrechte.de) p.11, 14)
Introduction
“The first article of the Universal Declaration of Human Rights of the United Nations of 1948 guarantees every human being – irrespective of origin, nationality, colour, gender, language, religion or wealth – the same rights.
Because human rights derive from human dignity, one does not have to earn them; You have human rights and you keep them and you retain them under all circumstances. Under certain circumstances, human rights can be restricted within narrow limits, but even in such situations, the essence of the human right concerned – even if restricted – must be preserved in essence.
Thus even persons who have committed a very serious crime have the right to life, the right to a fair trial, the right to humane conditions of detention. Human rights have gained in moral, legal and political moral, significance in recent decades.
They contain general principles, such as protection against discrimination, which are now recognised worldwide and to which every human being and all human rights can refer to.”
Input
“What must the state do for human rights?
Human rights refer above all to the relationship between the individual and the state. States bear the main responsibility for the realisation of human rights . When laws, authorities or courts violate human rights or if they do too little to protect and enforce human rights, then we speak of human rights violations.
For example discrimination in the private sphere is not yet a human rights violation. However, if someone complains to state authorities about discrimination and the state does not prosecute it appropriately, this a violation of human rights. Likewise there is a violation of human rights if the state does not adequately protect people from discrimination in the private sphere, for example by laws.
State authorities may not violate human rights themselves (duties of respect). At the same time, they must take legislative and other measures to protect human rights from encroachment by private individuals (duties to protect) and to ensure the exercise of human rights through benefits or other assistance (duties to guarantee). These three types of state duties are called the triad of duties.
For human rights to be realised, it requires not only the efforts of the state, but also the commitment of all human rights: everyone is obliged to respect the dignity and rights of others.”
Based on the text you read previiusly, please match the correct names of the state’s triad of duties to the examples described in the table.
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Examples
Right to a fair trial Governments may not themselves influence courts, for example by ordering the courts to pass a particular judgement or threatening judges with a disadvantage if they do not deliver the desired judgement. Prohibition of discrimination in the field of education A state may not itself discriminate, for example deny girls or women the right to education. This is not a matter of course: In Germany, it was only at the end of the 19th century that girls had the opportunity to attend grammar schools. They were able to go to university from about 1920 onwards. |
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Right to a fair trial
The independence of the courts is also protected from third parties (e.g. through bribery of the judiciary by the judges by the opposing party in the proceedings). The right to choose one’s own defense is also intended to protect against interference by third parties (such as: a biased defense). Prohibition of discrimination in the field of education A state must protect against discrimination by third for example, intervene in the event of complaints about racist educational content. “Third parties” in such a case are, for example, textbook publishers. In the case of discrimination by fellow students the teaching staff must intervene. |
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Right to a fair trial
In order to guarantee the independence of the courts, it is necessary, for example, to prohibit by law judges from being dismissed because of their judgments. There must be provisions to exclude members of the court for bias. To ensure “equality of arms,”defendants must have the right to inspect files in the criminal proceedings. Prohibition of discrimination in the field of education A state must take supportive measures to discrimination, for example by sensitizing teaching staff accordingly and create opportunities for complaints. |
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The United Nations (UN) Universal Declaration of Human Rights is considered a milestone in human history. When was it adopted?
The Universal Declaration of Human Rights begins with a preface. Then follow the articles in which the individual human rights are described. How many articles are there?
“Universal human rights are merely an ideal and not enforceable in a court of law.” Is this sentence true?