Human rights in the context of Democratic values


Human rights in the context of Democratic values

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⭐ Core Definition: Human rights

Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass a broad range of civil, political, economic, social, and cultural rights, such as the right to life, freedom of expression, protection against enslavement, and right to education.

While ideas related to human rights predate modernity, the modern concept of human rights gained significant prominence after World War II, particularly in response to the atrocities of the Holocaust, leading to the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged to protect, setting a global standard for human dignity, freedom, and justice. The Universal Declaration of Human Rights (UDHR) has since inspired numerous international treaties and national laws aimed at promoting and protecting human rights worldwide.

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Human rights in the context of Democracy

Democracy (from Ancient Greek: δημοκρατία, romanizeddēmokratía, from dēmos 'people' and krátos 'rule') is a form of government in which political power is vested in the people or the population of a state. Under a minimalist definition of democracy, rulers are elected through competitive elections while more expansive or maximalist definitions link democracy to guarantees of civil liberties and human rights in addition to competitive elections.

In a direct democracy, the people have the direct authority to deliberate and decide legislation. In a representative democracy, the people choose governing officials through elections to do so. The definition of "the people" and the ways authority is shared among them or delegated by them have changed over time and at varying rates in different countries. Features of democracy often include freedom of assembly, association, personal property, freedom of religion and speech, citizenship, consent of the governed, voting rights, freedom from unwarranted governmental deprivation of the right to life and liberty, and minority rights.

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Human rights in the context of Freedom of movement

Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country, and to leave the country and return to it. The right includes not only visiting places, but changing the place where the individual resides or works.

Such a right is provided in the constitutions of numerous states, and in documents reflecting norms of international law. For example, Article 13 of the Universal Declaration of Human Rights asserts that:

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Human rights in the context of Freedom of speech

Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights (UDHR) and international human rights law. Many countries have constitutional laws that protect freedom of speech. Terms such as free speech, freedom of speech, and freedom of expression are often used interchangeably in political discourse. However, in legal contexts, freedom of expression more broadly encompasses the right to seek, receive, and impart information or ideas, regardless of the medium used.

Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or print, in the form of art, or through any other media of his choice". The version of Article 19 in the ICCPR later amends this by stating that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or public order (ordre public), or of public health or morals".

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Human rights in the context of International law

International law, also known as public international law and the law of nations, is the set of rules, norms, legal customs and standards that states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, economic relations, and human rights.

The term public international law embraces a wide variety legal regimes governing the conduct and relationships between states, between states and international organizations, and between entities and persons both natural and legal. Public international law defines the criteria for statehood, and legal theorists argue that it establishes states as the principal actors in the international legal system. (While the traditional view was that only states were subjects of international law, with the founding of the United Nations, that view expanded to include intergovernmental organizations. Contemporary conceptions of international law are much broader, and include the interactions such as the ones listed at the beginning of this paragraph.) Public International law also governs the outer bounds of permissible treatment of individuals by states with comprehensive international law regimes dealing with non-combatants, including prisoners of war, civilians, and refugees, as well as human rights.

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Human rights in the context of Russian-occupied territories of Ukraine

The Russian-occupied territories of Ukraine are areas of southern and eastern Ukraine that are controlled by Russia as a result of the Russo-Ukrainian War and the ongoing invasion. In Ukrainian law, they are defined as the "temporarily occupied territories". As of 2024, Russia occupies almost 20% of Ukraine and about 3 to 3.5 million Ukrainians are estimated to be living under occupation; since the invasion, the occupied territories lost roughly half of their population. The United Nations Human Rights Office reports that Russia is committing severe human rights violations in occupied Ukraine, including arbitrary detentions, enforced disappearances, torture, crackdown on peaceful protest and freedom of speech, enforced Russification, passportization, indoctrination of children, and suppression of Ukrainian language and culture.

The occupation began in 2014 with Russia's invasion and annexation of Crimea, and its de facto takeover of Ukraine's Donbas during a war in eastern Ukraine. In 2022, Russia launched a full-scale invasion. However, due to fierce Ukrainian resistance and logistical challenges (e.g. the stalled Russian Kyiv convoy), the Russian Armed Forces retreated from northern Ukraine in early April. In September 2022, Ukrainian forces launched the Kharkiv counteroffensive and liberated most of that oblast. Another southern counteroffensive resulted in the liberation of Kherson that November.

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Human rights in the context of Liberalism

Liberalism is a political and moral philosophy based on the rights of the individual, liberty, consent of the governed, political equality, right to private property, and equality before the law. Liberals espouse various and sometimes conflicting views depending on their understanding of these principles but generally support private property, market economies, individual rights (including civil rights and human rights), liberal democracy, secularism, rule of law, economic and political freedom, freedom of speech, freedom of the press, freedom of assembly, and freedom of religion. Liberalism is frequently cited as the dominant ideology of modern history.

Liberalism became a distinct movement in the Age of Enlightenment, gaining popularity among Western philosophers and economists. Liberalism sought to replace the norms of hereditary privilege, state religion, absolute monarchy, the divine right of kings and traditional conservatism with representative democracy, rule of law, and equality under the law. Liberals also ended mercantilist policies, royal monopolies, and other trade barriers, instead promoting free trade and marketization. The philosopher John Locke is often credited with founding liberalism as a distinct tradition based on the social contract, arguing that each man has a natural right to life, liberty and property, and governments must not violate these rights. While the British liberal tradition emphasized expanding democracy, French liberalism emphasized rejecting authoritarianism and is linked to nation-building.

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Human rights in the context of Religious tolerance

Religious tolerance or religious toleration may signify "no more than forbearance and the permission given by the adherents of a dominant religion for other religions to exist, even though the latter are looked on with disapproval as inferior, mistaken, or harmful". Historically, most incidents and writings pertaining to toleration involve the status of minority and dissenting viewpoints in relation to a dominant state religion. However, religion is also sociological, and the practice of toleration has always had a political aspect as well.

An overview of the history of toleration and different cultures in which toleration has been practiced, and the ways in which such a paradoxical concept has developed into a guiding one, illuminates its contemporary use as political, social, religious, and ethnic, applying to LGBT individuals and other minorities, and other connected concepts such as human rights.

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Human rights in the context of International peace

World peace is the concept of an ideal state of peace within and among all people and nations on Earth. Different cultures, religions, philosophies, and organizations have varying concepts on how such a state would come about.

Various religious and secular organizations have the stated aim of achieving world peace through addressing human rights, technology, education, engineering, medicine, or diplomacy used as an end to all forms of fighting. Since 1945, the United Nations and the five permanent members of its Security Council (China, France, Russia, the United Kingdom, and the United States) have operated under the aim to resolve conflicts without war. Nonetheless, nations have entered numerous military conflicts since then.

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Human rights in the context of Liberal democracy

Liberal democracy, also called Western-style democracy, or substantive democracy, is a form of government that combines the organization of a democracy with ideas of liberal political philosophy. Common elements within a liberal democracy are: elections between or among multiple distinct political parties; a separation of powers into different branches of government; the rule of law in everyday life as part of an open society; a market economy with private property; universal suffrage; and the equal protection of human rights, civil rights, civil liberties, and political freedoms for all citizens. Substantive democracy refers to substantive rights and substantive laws, which can include substantive equality, the equality of outcome for subgroups in society. Liberal democracy emphasizes the separation of powers, an independent judiciary, and a system of checks and balances between branches of government. Multi-party systems with at least two persistent, viable political parties are characteristic of liberal democracies.

Governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. To define the system in practice, liberal democracies often draw upon a constitution, either codified or uncodified, to delineate the powers of government and enshrine the social contract. A liberal democracy may take various and mixed constitutional forms: it may be a constitutional monarchy or a republic. It may have a parliamentary system, presidential system, or semi-presidential system. Liberal democracies are contrasted with illiberal democracies and dictatorships. Some liberal democracies, especially those with large populations, use federalism (also known as vertical separation of powers) in order to prevent abuse and increase public input by dividing governing powers between municipal, provincial and national governments. The characteristics of liberal democracies are correlated with increased political stability, lower corruption, better management of resources, and better health indicators such as life expectancy and infant mortality.

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Human rights in the context of Declaration of the Rights of Man and of the Citizen

The Declaration of the Rights of Man and of the Citizen (French: Déclaration des droits de l'Homme et du citoyen de 1789), set by France's National Constituent Assembly in 1789, is a human and civil rights document from the French Revolution; the French title can be translated in the modern era as "Declaration of Human and Civil Rights". Inspired by Enlightenment philosophers, the declaration was a core statement of the values of the French Revolution and had a significant impact on the development of popular conceptions of individual liberty and democracy in Europe and worldwide.

The declaration was initially drafted by Marquis de Lafayette with assistance from Thomas Jefferson, but the majority of the final draft came from Abbé Sieyès. Influenced by the doctrine of natural right, human rights are held to be universal: valid at all times and in every place. It became the basis for a nation of free individuals protected equally by the law. It is included at the beginning of the constitutions of both the French Fourth Republic (1946) and French Fifth Republic (1958) and is considered valid as constitutional law.

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Human rights in the context of Global mental health

Global mental health is the international perspective on different aspects of mental health. It is 'the area of study, research and practice that places a priority on improving mental health and achieving equity in mental health for all people worldwide'. There is a growing body of criticism of the global mental health movement, and has been widely criticised as a neo-colonial or "missionary" project and as primarily a front for pharmaceutical companies seeking new clients for psychiatric drugs.

In theory, taking into account cultural differences and country-specific conditions, it deals with the epidemiology of mental disorders in different countries, their treatment options, mental health education, political and financial aspects, the structure of mental health care systems, human resources in mental health, and human rights issues among others.

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Human rights in the context of Council of Europe

The Council of Europe (CoE; French: Conseil de l'Europe, CdE) is an international organisation with the goal of upholding human rights, democracy and the rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, representing 46 member states from Europe, with a population of approximately 675 million as of 2023; it operates with an annual ordinary budget of approximately 500 million euros.

The organisation is distinct from the European Union (EU), although people sometimes confuse the two organisations – partly because the EU has adopted the original European flag, designed for the Council of Europe in 1955, as well as the European anthem. No country has ever joined the EU without first belonging to the Council of Europe. The Council of Europe is an official United Nations observer.

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Human rights in the context of Environmental law

Environmental laws are laws that protect the environment. The term "environmental law" encompasses treaties, statutes, regulations, conventions, and policies designed to protect the natural environment and manage the impact of human activities on ecosystems and natural resources, such as forests, minerals, or fisheries. It addresses issues such as pollution control, resource conservation, biodiversity protection, climate change mitigation, and sustainable development. As part of both national and international legal frameworks, environmental law seeks to balance environmental preservation with economic and social needs, often through regulatory mechanisms, enforcement measures, and incentives for compliance.

The field emerged prominently in the mid-20th century as industrialization and environmental degradation spurred global awareness, culminating in landmark agreements like the 1972 Stockholm Conference and the 1992 Rio Declaration. Key principles include the precautionary principle, the polluter pays principle, and intergenerational equity. Modern environmental law intersects with human rights, international trade, and energy policy.

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Human rights in the context of Revolution

In political science, a revolution (Latin: revolutio, 'a turn around') is a rapid, fundamental transformation of a society's class, state, ethnic or religious structures. According to sociologist Jack Goldstone, all revolutions contain "a common set of elements at their core: (a) efforts to change the political regime that draw on a competing vision (or visions) of a just order, (b) a notable degree of informal or formal mass mobilization, and (c) efforts to force change through noninstitutionalized actions such as mass demonstrations, protests, strikes, or violence."

Revolutions have occurred throughout human history and varied in their methods, durations and outcomes. Some revolutions started with peasant uprisings or guerrilla warfare on the periphery of a country; others started with urban insurrection aimed at seizing the country's capital city. Revolutions can be inspired by the rising popularity of certain political ideologies, moral principles, or models of governance such as nationalism, republicanism, egalitarianism, self-determination, human rights, democracy, liberalism, fascism, or socialism. A regime may become vulnerable to revolution due to a recent military defeat, or economic chaos, or an affront to national pride and identity, or persistent repression and corruption. Revolutions typically trigger counter-revolutions which seek to halt revolutionary momentum, or to reverse the course of an ongoing revolutionary transformation.

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Human rights in the context of Copenhagen criteria

The Copenhagen criteria are the rules that define whether a country is eligible to join the European Union. The criteria require that a state has the institutions to preserve democratic governance and human rights, has a functioning market economy, and accepts the obligations and intent of the European Union.

These membership criteria were laid down at the June 1993 European Council in Copenhagen, Denmark, from which they take their name. Excerpt from the Copenhagen Presidency conclusions:

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Human rights in the context of Police corruption

Police corruption is a form of police misconduct in which a law enforcement officer breaks their political contract and abuses their power for personal gain. A corrupt officer may act alone or as part of a group. Corrupt acts include taking bribes, stealing from victims or suspects, and manipulating evidence to affect the outcome of legal proceedings (such as in a frameup). Police corruption challenges the human rights of citizens, and can undermine public trust in the police when uncovered or suspected.

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Human rights in the context of Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that codifies some of the rights and freedoms of all human beings. Drafted by a United Nations (UN) committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the UN at the time, 48 voted in favour, none against, eight abstained, and two did not vote.

A foundational text in the history of human and civil rights, the Declaration consists of 30 articles detailing an individual's "basic rights and fundamental freedoms" and affirming their universal character as inherent, inalienable, and applicable to all human beings. Adopted as a "common standard of achievement for all peoples and all nations", the UDHR commits nations to recognize all humans as being "born free and equal in dignity and rights" regardless of "nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status".

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