Alden Martin (1106072305) Hukum dan Hak Asasi Manusia

THE FUNDAMENTALS OF HUMAN RIGHTS 1. Introduction When first trying to understand the on e!t of human rights" there #ill $e at least t#o %uestions arose& #hat are human rights' And #hat differen e an they make to a !erson' Human rights does not only a!!ly to e(treme situations #hi h in)ol)es a state in #hi h a ountry is $anishing all the rights of their iti*ens" it also a!!lies to daily o urren e" meaning human rights )iolation ha!!en e)eryday" and right under our noses+ An e(am!le is the story of a #oman and her hild #ere $egging on the street" and #ere !ushed a#ay $y !oli emen" ,ust $e ause that !arti ular !oli emen didn t s!oke the #omans language" also #ere not kno#ing her $a kground and ho# she got on the street+ At this day and age" the a#areness of human rights sho#s a massi)e amount of !rogress+ -or e(am!le" the fa t that girls are a$le to get their edu ations" e)en to go on to higher edu ations" also it is easier to get health ser)i es no#adays than in the !ast+ .es!ite the amount of !rogress a hie)ed" there are still )iolations re!orted to this day" this in ludes !eo!le li)ing in really $ad onditions and $elo# the !o)erty line+ 1.1. Definition of Human Rig t! Human rights are sim!ly the rights !ossessed $y !ersons" #ho" as !ersons" deser)e to ha)e their freedom or standards of li)ing+ /t is an internationally re ogni*ed standard" #hi h sti!ulates ho# e)ery single human should $e treated" des!ite #here they are or the situation they re in+ 0he 1nited 2ations and other organi*ations are still de$ating a$out the num$ers of human rights that are internationally a kno#ledged" and so human rights are still e(!anding+ Human rights an $e des ri$ed $y #hat they !ro)ide for humans& -reedom to do ertain a ti)ities (tra)el" e(!ress themsel)es" or !ra ti e a religion)+ -reedom from ertain onditions (torture and sla)ery)+

Alden Martin (1106072305) Hukum dan Hak Asasi Manusia 3ights to ser)i es (edu ation" health" fair legal system" and the a$ility to #ork)+

1.1.1. "eing Human 0here are no s!e ial %ualifi ations" onditions or kno#ledge needed to a %uire human rights+ 4$)iously" human rights ha)e to $e e(er ised $y humans rather than animals or !lants+ 5et" #hat $e omes an issue here is the line of #hen someone $e omes a human and #hen someone sto!s $eing a human+ 0he definition of #hen someone $e omes a human is still )ague+ Ho#e)er" most of !eo!le de lare that life $egins at $irth" #hi h may $e the $est ans#er to this om!le( %uestion+ 0here is t#ofold on human rights" taking an e(am!le of the issue of a$ortions+ 4n the one hand" the legal definition #ill determine the legality of a$ortions or the termination of !regnan ies+ 6ut on the other hand" this definition has signifi ant im!li ations on re!rodu ti)e health and #omen7s rights around the issue of the !regnant #oman7s rights to de ide #hat to do #ith the un$orn hild+ 8omeone sto!s $eing a human #hen they are dead+ 9)en so" #hat is the ase if someone is !ronoun ed to ha)ing a mental illness or $rain dead:damaged' When a life su!!ort ma hine determines these !eo!le7s li)es" are they still onsidered as human $eings' Humans are onsidered as so #hen they still ha)e their ons iousness also their rational thinking" so a tually $y ans#ering these %uestions is the #ay to determine #hether someone is still onsidered as human or not+ 8o" as they intera t rationally #ith the ommunity" it also defines someone as still ha)ing their rights inta t+ 1..#.1 T e Rig t! of Human! 0he a e!tan e of right is solely $e ause it is thought as orre t+ A right is something o#ed to a !erson" #hi h mean #hat a !erson is rightly entitled to" free to do" or !rote ted $y+ -rom a legal !ers!e ti)e" a right" firstly" must relate to an o$,e t+ 0his means that for ea h ty!e of right there are s!e ifi !ri)ileges+ 8e ondly" it has to relate to someone or something that has a duty to !ro)ide that

Alden Martin (1106072305) Hukum dan Hak Asasi Manusia right+ 0his means" that there has to $e a se ond !arty #hom an u!hold the right+ 0he se ond !arty ould $e the 8tate" a om!any" or e)en a uni)ersity+ 3ights do not only a!!ly to humans+ 9)en though only humans that seem to ha)e the a$ility to e(er ise rights" $ut others (su h as or!orations and animals) ha)e their o#n rights" #hi h humans should ensure+ Ho#e)er" it does not mean that the rights are e%ui)alent to that of human rights+ 1.1.$. T e Foundation of Human Rig t! Human rights are formed at the interse tion of legal" moral" and so ial rights+ Whi h means that human rights lie a ross these three rights+ Human rights as a legal rights means that it should $e onsidered a right $y the la#+ /f it is not onsidered as rights $y the la# then the go)ernment #ill only res!e t human rights $e ause it is ;right7 or ;moral7" ho#e)er it goes a long #ay if human rights are onsidered as la# $e ause then human rights #ill $e res!e ted $y the go)ernment on a ount of they are legally $ound to u!hold them+ 0hen" human rights are o$)iously moral rights+ 0his is $e ause human rights e(ist in )ie# that they are onsidered moral and !ro!er+ Moral rights in a so iety are $ased on their orres!onding $elie)es" so #hen their moral rights ha)e $een )iolated" then !eo!le in that so iety ertainly $e a kno#ledged+ 2e)ertheless" this does not mean that morals ne)er hange" $ut that res!e t and the a tions that !eo!le do is essentially the same e)ery#here in the #orld+ <astly" human rights are so ial rights+ Human rights guarantee that humans sei*e a safe and ha!!y life as a ommunity in a so iety+ 9)en though la# !rote ts not all so ial rights" yet it is still an assuran e for the #ell=ordered so iety+ 0hese so ial rights ontain the e(!e tation of #hat the go)ernment should !ro)ide" also as a result of li)ing in a ommunity+ 2atural la# is one of the theories that $e ome foundation of human rights+ Whi h im!lies that rights and o$ligations are uni)ersal and #ides!read as nature itself" for e(am!le moral as something someone is undou$tedly $orn #ith+ 0he to!i of natural la# has $een ontro)ersial+ -irstly" it is $e ause ;natural7 has hanged o)er time+ 8e ondly" it is often asso iated #ith religious thinking" and es!e ially onne ted #ith the 3oman >atholi ism+ 6esides natural la#" human

Alden Martin (1106072305) Hukum dan Hak Asasi Manusia rights are also argued $y legal !ositi)ism )ie#+ Human rights are )ie#ed as a so ial ondu t" it is de)elo!ed to gi)e humans s!e ial rights and duties" and also a su$,e t to de)elo!ment" modifi ation" and rethinking+ 4ne of means in #hi h human rights $e ome uni)ersally kno#n" is $e ause the hel! of religious leaders" moral !hiloso!hers" and ,urists #hi h ela$orate moral standards+ 4ther fa tors are $e ause human rights are #ritten into international la#" !arti i!ation of 8tates in the 12 system that enfor es international la#" and states follo#ing the standards of human rights+ 0he de)elo!ment of human rights arises from the res!onse to the World War // (WW//)" #hen human rights still )aried throughout the #orld" de!ending on different $a kgrounds+ -rom the e)ents in the WW//" !ro)oked to !ut together human rights that are legally $inding on all 8tates as uni)ersal standard+ 1.#. Fundamenta%! Feature! and &once't! in Human Rig t! Human rights ha)e s!e ial features" setting these rights a!art from other ty!es of rights+ 1.#.1. Uni(er!a%it) /t is uni)ersal" this means human rights are not de!endent on iti*enshi!" and it makes sure that e)eryone has human rights that are #ithin rea h #orld#ide+ Ho#e)er" the e(a t form may $e different" de!ending on #here the !erson is" #ho they are" and #hat rights should they !ossess+ 0his is as a result of not all go)ernments ratified the same rights+ <astly" it also may $e $ased on the situation+ 1.#.#. In erent /t ome into effe t #hen a !erson is $orn" automati ally" they do not ha)e to learn a$out human rights first and e(ists e)en if a !erson is una#are of their rights $eing )iolated $y another !arty+

Alden Martin (1106072305) Hukum dan Hak Asasi Manusia 1.#.$. Ina%iena*%e 8omeone ant $e de!ri)ed of their human rights as a onse%uen e of their a tions" in s!ite of them $eing guilty of doing something $ad+ 9)en so" human rights an hange for a !erson" meaning someone #ho has rea hed a ertain age an ha)e different rights than they did $efore+ 1.#.+. Dignit) 0he o$,e ti)e for human rights is that !eo!le are res!e ted" treated #ell" and ha)e a sense of #orth+ 0his means that dignity is not ,ust making sure that the la#s are not $roken" $ut it is a$out the treatment of !eo!le in a !arti ular #ay that they should $e res!e ted as humans in general+ 1.#.,. E-ua%it) 0he main !ur!ose of e%uality is that humans should treat others #ithout any dis rimination in)ol)ed+ As stated in the first arti le of the 1.H3" ?All human $eings are $orn free and e%ual in dignity and rights+? Ho#e)er" e%uality is different e)ery#here" for e(am!le true e%uality $et#een the se(es are still not rea hed yet+ 0hough e%uality ensures !eo!le to re ei)e the same treatment" sometimes the e(!e tation is not e%uality $ut fairness+ An e(am!le of this is the uni)ersity admittan e that looks at the result of the admittan e test fairly" and not e%uallynot e)eryone ha)e the e%ual right to $e admitted+ When a !erson is treated differently $e ause of a ertain hara teristi that they ha)e" that is #hat is alled dis rimination" #hi h may take form as dis rimination against #omen" ra e" religion" et + 1.$. Human Rig t! La./ Rig t! and Dutie! Human rights are not like moral rights in general" it is understood as la#s #hi h are !rote ted $y legal $odies+ 4n that a ount" it dis ourages !eo!le and:or organi*ations from $reaking human rights+

Alden Martin (1106072305) Hukum dan Hak Asasi Manusia 1.$.1. T e Ru%e of La. As it is said $efore" the la# $inds human rights+ Moreo)er it makes sure that there is a fair" #orking legal system" #hi h ould only ha!!en if the so iety #as $ased on the idea of the rule of la#+ 0his means that e)eryone #ill $e ,udged and !rote ted $y the same la#therefore kee!ing them safe" e)eryone #ill $e e%ual $efore the la#no$ody should $e a$le to es a!e the effe ts of the la#" e)eryone #ill ha)e the same !rote tion $efore the la# the la# should not e(ist to !rote t a sele t grou! of !eo!le" legal rules #ill $e !u$li kno#ledge #ithout se ret understandings kno#n only to a sele ted fe#information should $e freely a)aila$le" and indi)iduals #ill ha)e the right to find assistan e to understand to la#+ 1.$.#. Human Rig t! Dutie! 0he duty $earers#hi h an in lude the go)ernment" !eo!le" or!orations" et +has a duty to ensure human rights are !rote ted+ 8tate as the most im!ortant duty $earer as the organi*ation that is legally $ound to u!hold rights in treaties+ /n the A89A2 Human 3ights .e laration" human rights should not only $e onsidered as freedom" rather as o$ligations" that is ensuring the go)ernments o$ligations are fulfilled+ 0he 8tate ha)e orres!onding duties as the duty $earer" #hi h onsists of the !ositi)e dutya duty to do something" and the negati)e duty#hen the 8tate is urged to $e !assi)e+ 0hese duties may $e fused in a right" or ea h onsidered se!arately in one right or the other+ 1.$.$. 0ertica% and Hori1onta% 2rotection @erti al !rote tion means that a !erson seeks !rote tion from the 8tate" and hori*ontal !rote tion means that a !erson seeks !rote tion from other !eo!le" or!orations or grou!s+ Human rights are fundamentally a$out )erti al !rote tion" that is !rote ting the !erson from the !o#er of the 8tate" $ut no#adays" )erti al !rote tion is also onsidered as #ell+ 9)en though indi)iduals are not e(a tly legally $ound to human rights treaties" $ut the 8tate is there to ensure that indi)iduals om!ly to the la# $y #ay of remedies like om!ensations or !unishment for !er!etrators+

Alden Martin (1106072305) Hukum dan Hak Asasi Manusia 1.$.+. State Dutie!/ 3Re!'ect4 2rotect4 Fu%fi%%45 and 32romote4 2rotect4 and 2re(ent5 0he 12 attem!ted to define #hat the 8tate should do to su!!ort human rights" #hi h is issued in t#o statements+ 0he first statement de lared that the 8tate should res!e t" !rote t and fulfill rights+ Ho#e)er" in the se ond statement" they onsidered that res!e t and fulfill aren t e(a tly a urate for e(!laining #hat the 8tate should $e doing" so it is modified to& Aromotea ti)ely $uilds a#areness and also tea hing human rights in uni)ersities" and so onB Arote tso that indi)iduals are safeB Are)entionto a)oid )iolations to ha!!en in the first !la e+ 1.+. &ategorie! of Rig t! /t is im!ortant to des ri$e the different ategories of human rights"

$e ause the rights and duties )ary from ea h other+ .ifferent ategories of rights ha)e different features" #ithout ranking them against ea h other" $e ause ea h is ,ust as im!ortant as the others+ 2e)ertheless" the fa t is that some 8tates !refer ertain ategories o)er others" leading to#ards a di)ision in the !rote tion of human rights+ 0hese $elo# are ategori*ation of human rights& Fundamenta% rig t!" #hi h onsists of freedom from sla)ery and torture" the right to life" non=dis rimination" and that e)eryone is $orn e%ual+ 0hese rights are onsidered the most im!ortant $y the 1.H3+ With these rights" the 8tates an ne)er gi)e an reason for the )iolation of fundamental rights+ Rig t! in t e %ega% !)!tem4 that ensure indi)iduals to $e a$le to en,oy an e%ual legal identity" legal system that is $ased on true ,usti e" a ess to a ourt and ourt $eing fair" om!etent and im!artial+ Also" e%uality of treatment and if arrested" to $e treated #ell+ -urther" in lude freedom form ar$itrary arrest and detention and !resum!tion of inno en eB Rig t! in !ociet)4 fo uses on an indi)iduals a$ility to !arti i!ate in so iety and li)e #ith dignity on a daily $asis" also on limiting the !o#er of 8tates to interfere #ith indi)idual freedoms in so iety+ /t in ludes !ri)a y" of mo)ement #ithin a ountry" right to marry"

Alden Martin (1106072305) Hukum dan Hak Asasi Manusia !ra ti e religion" and of e(!ression+ 2o%itica% rig t!4 allo#s !eo!le to !arti i!ate in !oliti s" at the same time ensuring a fair !oliti al system+ /n luding the right to )ote" $e a !oliti ian or go)ernment offi er" to asso iate" form a legal !arty or ,ust $e a mem$er of a grou!+ Additionally" the right to assem$le" #hi h om!rises meetings to !rotest a go)ernment:#ork ondition" to raise a#areness issues" or to take !art in a ultural a ti)ity+ Economic rig t!4 ensures !eo!le ha)e enough money:resour es to li)e #ith dignity in their ommunity+ 0his in ludes the right to #ork" $eing !aid fairly $y their em!loyers" !ro)ided #ith a safe and healthy #ork en)ironment+ 0his also in ludes the right to rest and leisure+ Socia% rig t!4 in luding the right to health are and edu ation" food" #ater and housing+ /t is argued that these rights are $ased on the idea of so ial ontra t" #hi h is $et#een indi)iduals and their go)ernment+ /t assumes that if !eo!le li)e !ea efully and la#fully" then the go)ernments #ill !ro)ide ertain ser)i es" and !rote t other ser)i es !eo!le !ro)ide for themsel)es+ 0hose se)eral ser)i es that are !ro)ided $y the go)ernment onsist of an edu ation" also a health are system+ &u%tura% rig t!4 $asi ally rights for a !erson to !arti i!ate in their ulture+ 0his in ludes rights to language!re)ent 8tates from $arring !eo!le s!eaking their language" religionallo# !eo!le to hose their religion and to !ra ti e as a grou!" and ultural a ti)ities right to eat" #ear lothes" marry" hold a funeral" and ele$rate e)ents" a ording to the ulture+ 1.+.1. T e Se'aration and Unification of t e &ategorie! of Rig t! /t is useful to di)ide the rights on a ount of ea h ategory $eing slightly different in hara teristi of the rights and duties+ 9)en so" $y se!arating the rights into ategories" making it easier for go)ernments to !refer one ategory of rights than the other or $y sele ti)ely hoosing #hi h one to su!!ort+ /n the !eriod of 1C50 and 1CC0" the ountries that su!!ort i)il and !oliti al rights and those su!!orting e onomi and so ial rights o ur simultaneously as

Alden Martin (1106072305) Hukum dan Hak Asasi Manusia the >old War ha!!ening+ 0he ri h ountries thought that there is no need to deal #ith e onomi and so ial rights" therefore they only tend to i)il and !oliti al rights+ 4n the other hand" the ommunist ountries onsidered that as a go)ernment" there is a need to !ro)ide edu ation" health and free e onomi #elfare" $ut they did not su!!ort !oliti al rights+ 0hree generations theory is a theory that suggests that i)il and !oliti al rights #ere the original rights" therefore it is !rimary and fundamental and has $een around mu h longer" #hereas e onomi " so ial" and ultural rights ome se ond+ /t also assumes that the ategories an $e se!arated+ 2e)ertheless" ontem!orary thinking around rights argues that this is not the ase+ 1.+.#. 0D2A/ 0ienna Dec%aration and 2rogramme of Action 0he @.AA is the out ome do ument of the 8e ond World >onferen e on Human 3ights (1CC3) in @ienna+ 0he on e!t of all human rights for all #as odified+ Also" it !uts and end to the idea that human rights hange a ording to ultural !arti ularities" so human rights is not e( lusi)ely a national matter and on erns the international ommunity" thus it is interde!endent and mutually reinfor ed the other+ 0hat is to say" that there annot $e rights #ithout demo ra y" demo ra y #ithout de)elo!ment" and de)elo!ment #ithout human rights+ 8o" $asi ally human rights are indi)isi$le" inter=de!endent" and inter=related+ 1.,. Im'ortance of Stud)ing Human Rig t! -irstly" it is to understand #hy there are !eo!le that do not re ei)e the same !rote tion and freedoms as others" therefore there needs to $e a greater understanding of ho# human rights #ork+ /n short" the reason as to #hy it is im!ortant to study human rights at a uni)ersity le)el is $e ause of human rights edu ation is onsidered as human rights" the im!ortan e of !rote tion" and the )alue added rights edu ation gi)es to other uni)ersity study+

1.,.1. Human Rig t! Education i! a Human Rig t 9du ation of human rights is a human right itself+ /t is $e ause rights #ork most effe ti)ely #hen it an $e laimed $e ause the !eo!le kno# their rights+ /t

Alden Martin (1106072305) Hukum dan Hak Asasi Manusia is also an im!ortant ontri$ution to the i)il fun tioning of so iety+ 1.,.#. 2rotecting t e 0u%nera*%e 0here are still grou!s of !eo!le #ithin the #orld #ho do not ha)e !rote tion of their human rights" namely migrant #orkers" or other minority grou!s e(!erien ing dis rimination+ While !eo!le that are $orn #ell off often do not re ogni*e the !rote tion they re ei)e $e ause it is in)isi$le" and assume e)eryone gets it or is entitled to it+ 9(am!les of the reasons in #hi h !eo!le do not re ei)e !rote tion is that they are dis riminated against" too diffi ult to hel! them $e ause they li)e a long distan e from go)ernment" or they are not onsidered iti*ens+ 9)en so" a greater kno#ledge of human rights does not guarantee !rote tion" $ut it does hel!" $e ause they are less likely to )iolate the rights+ 1.,.$. Human Rig t! 2ro(ide! a Regiona% Under!tanding! 0his mainly on erns the ountries in 8outheast Asia" #here there is already a de)elo!ment on the regional le)el res!onse to human rights on ern+ 0he !ro$lems that are fa ed in 8outheast Asia in lude young hildren that are for ed to #ork" !oliti al o!!onents ,ailed" and other !ro$lems+ 1.,.+. Human Rig t! Education Add! 0a%ue to Ot er 6no.%edge 4thers kno#ledge that are added in studying a$out the human rights in ludes studies in la#" !oliti al s ien e" so iology" !hiloso!hy" also international relations+ 8tudents #ill gain $etter understanding on ho# !eo!le relate to go)ernments and ommunities+

&ommentar) on Human Rig t! Materia%! Materials regarding human rights that ha)e $een resumed a$o)e are so

Alden Martin (1106072305) Hukum dan Hak Asasi Manusia ela$orati)e+ 0he author des ri$es a$out fundamentals of human rights om!rehensi)ely $ut not hard to understand+ Aeo!le must kno# a$out the fundamentals of human rights $e ause they7re humans" they !ossess human rights itself+ 0herefore !ersons must kno# things relating to these rights+ / agree that it is im!ortant for e)eryone to a kno#ledge his or her rights+ Aeo!le should kno# ho# to use it or ho# to a!!ly it so that !eo!le an li)e freely #ithout any kind of intimidation+ 3esume a$o)e has gi)en a holisti e(!lanation a$out the fundamentals human of rights+ 6ut still" it needs ommentary+ We are li)ing in a #orld limited $y la#s" regulations and a t of morals" #hi h set u! to ensure that e)eryone an li)e together #ithout any riots o urred+ We are also li)ing in the #orld that has la#s that an $e ,udged u!on us" either it is an international la# or national la#+ We should $e a#are of any la#s amended and $e used u!on us+ <a# students" la#yers" or any la# e(!erts mostly kno# ho# to inter!ret la#s+ 6ut most of !eo!le are still ;la# $linds7" they do not kno# or do not understand !re isely a$out these !ro)isions or la#s they are li)ing+ 0hose !eo!le an $e tri ked $y the other !eo!le" go)ernments" or e)en 8tates regarding the a!!li ations of the la#+ 8ome !eo!le do not ha)e the a#areness of human rights" essen e of their rights in general+ 8ome !eo!le only a e!t their ondition e+g+ & li)ing under threats" $eing dis riminated $y !eo!le" #hile they ha)e rights to li)e freely under human rights+ As #ritten in the resume" that !eo!le ha)e the rights to li)e #ith dignity" #hile $eggars" !eo!le #hose li)es are $elo# !o)erty line" or those dis riminated #omen do not kno# this thing+ 0hey are in)isi$le to !eo!le" that as if other !eo!le hurt them" no$ody #ould are $e ause they are onsidered #orthless and useless+ 8tudying the human rights makes it learer for us" that these !eo!le also must $e defended and !rote ted as humans" #hile most of the !eo!le do not are a$out their !resen e+ -irst thing that all of us must kno# is that #e are $orn e%ual+ 9)eryone is a su$,e t of la#s" and la#s are learly a kno#ledge human rights" and sin e the la#s are o$ligatory" e)eryone should ha)e ommitted it" $ut the fa t is" !eo!le do not really !ay attention" do not really !ut are on fundamental rights" es!e ially for human rights+

Alden Martin (1106072305) Hukum dan Hak Asasi Manusia -or the on lusion" / agree #ith the author7s !ers!e ti)e regarding the fundamentals of human rights+ /nformation a$out human rights must $e s!read around the #orld" it is $asi ally e)eryone7s ,o$" !rimarily for those #ho are a#are of la#s and laim themsel)es as ,usti e defenders+ Human rights )iolation is still o urring no#adays" es!e ially on de)elo! ountries" for e(am!le /ndonesia+ 0he onstitution of /ndonesia !ut a high a!!re iation on human rights+ 6ut human rights )iolation still o urs su h as #omen dis rimination" )andalism" riminal a tion" et + As a la# student" #e must hel! /ndonesia to de)elo!" and the first thing to do to hel! this ountry is to redu e the !o)erty le)el" $y edu ating them and moti)ating them to li)e $etter+ 0o gain some$ody7s interest to li)e $etter is $y making them noti e that they ha)e those han es" and the most a$solute as!e t of those han es are they a tually ha)e the rights to it+ We must make them a#are that they an li)e $etter" finan ially" mentally or e)en so ially" and 0he 8tate !rote ts that a!a$ility" so they must not feel intimidated $y anyone+ 8tudying human rights is also our moral res!onsi$ilities" and to understand the #ider s o!e of la#" #e must learn the $asi s+ Human rights is one of the $asi s #e must understand+