Human Rights
“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”
— Article 1, Universal Declaration of Human Rights
What are Human Rights?
The basic idea of human rights is that every person possesses dignity by the fact alone of being a person. Human rights, which are inalienable and indivisible, protect this dignity. The concept of human rights is based on a universal system of values shared by all peoples, which offers a framework for the construction of a human rights system with internationally recognised norms and standards. Human rights norms regulate the relationship between the state and the people living under its responsibility. Governments have the obligation to respect, protect and guarantee the rights and freedoms of people through appropriate legislation and measures.
For example, the state must respect the freedom of opinion or privacy of the individual. Not only is it not allowed to intervene in peaceful demonstrations, but it must also take active steps to protect demonstrators from aggression by counter-demonstrators. Through preventive measures and the punishment of violence it also safeguards the prohibition on torture and inhuman or cruel treatment. Finally the state has the task of providing schools, hospitals, teachers and doctors so as to guarantee the right to education and health care.
The first comprehensive and universally valid human rights document was the United Nations Universal Declaration of Human Rights, which was adopted in 1948 in the aftermath of the horrors of the Second World War. The Declaration contains all the various categories and principles of the human rights system.
There are civil and political rights; economic, social and cultural rights; and solidarity rights. Certain basic human rights principles apply to all these rights. For example, no one may be discriminated against on the grounds of origins, colour, religion, sex, age, language or assets. Moreover, states must provide every person with effective legal recourse to assert guaranteed rights. Finally, all people should be in a position to determine the way in which their rights are realised. For example, the right to education includes the right of parents to decide whether their children attend a state school or a Montessori school.
The main civil and political rights
Right to life, liberty, security
Prohibition of slavery
Prohibition of torture
Right to a fair trial
Right to privacy and family life
Freedom of movement
Freedom of expression and religion
Freedom of assembly and association
Right to take part in government
The main economic, social and cultural rights
Right to work, adequate renumeration and free choice of employment
Right to form trade unions
Right to adequate standard of living, right to food
Right to health care
Right to education
Right to participate in social and cultural life
The main solidarity rights
right to self-determination of peoples
right to peace
right to a healthy environment
Civil and political rights are often called “1st generation human rights”. They were established during the age of enlightenment in the 18th century and reflect the concept of individual freedom vis-à-vis the government, as well as the idea of political participation. The “2nd generation human rights” are economic, social and cultural rights which resulted from the labour movement of the 19th and 20th centuries. The “3rd generation human rights” are solidarity rights, which evolved in the 1980s and are contingent on international cooperation.
The United Nations (UN) are the primary institution for the setting of international human rights standards. Starting with the Universal Declaration of Human Rights, the UN has so far developed a number of comprehensive international human rights agreements which establish binding legal obligations for States Parties.
The main agreements
International Covenant on Civil and Political Rights (1966)
International Covenant on Economic, Social and Cultural Rights (1966)
International Convention on the Elimination of All Forms of Racial Discrimination (1965)
International Convention on the Elimination of All Forms of Discrimination Against Women (1979)
International Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)
International Convention on the Rights of the Child (1989)
Austria is party to all of the above-mentioned agreements, therefore every person living in Austria enjoys the rights and freedoms guaranteed therein. Austria protects human rights in its constitution as well as by different laws; the European Convention on Human Rights enjoys constitutional status in Austria.
In addition to the main human rights agreements, a number of agreements on specific human rights issues form part of the international human rights system. For example, in spring 2007, Austria signed the International Convention on the Protection of All Persons from Enforced Disappearance, as well as the International Convention on the Rights of Persons with Disabilities, as one of the first countries. Moreover, many countries are party to regional human rights agreements, such as the Inter-American Human Rights Commission or the African Commission on Human Rights. All member states of the Council of Europe are parties to the European Convention on Human Rights, which is the foremost instrument for human rights protection in Europe.
There are numerous mechanisms for the world-wide promotion and protection of human rights at international and regional level. In addition to the Human Rights Council and the Special Procedures for thematic areas and country situations, the United Nations have established Treaty Monitoring Bodies for the different human rights agreements. They review whether States Parties are adequately fulfilling their human rights obligations and receive individual complaints from persons who claim violations of their human rights. In Europe, the European Court on Human Rights, the Commissioner for Human Rights of the Council of Europe, the OSCE as well as the EU Agency for Fundamental Rights also oversee the promotion and protection of human rights. Finally, Non-Governmental Organisations and the civil society play an important role for the promotion and protection of human rights locally and around the world.