Universal Human Rights? Rights versus Privileges

As the readings in chapter 10 indicate, human rights have been of increasing interest among states and international organizations since 1945, but attempts to outline universal human rights have consistently been met with disagreement, objections, and obstacles. The difference between first- and second-generation human rights has been among the key unresolved problems. In this exercise you will review these two categories of human rights and then think critically about the possibility, necessity, and relevance of a formal collection of universal human rights.

I. The Concepts. Review the meaning of “rights” and the characteristics of first- and second-generation human rights as set forth in chapter 10.

• a. What are the main characteristics of first-generation human rights?
• b. What are the main characteristics of second-generation human rights?

II. The Situation: As the concepts you have just reviewed suggest, there is an important distinction between the state-protected rights of the first-generation conceptualization of human rights and the state-provided rights of the second generation. This distinction has important consequences for the support and realization of universal human rights.

• Examine the Universal Declaration of Human Rights found at the United Nations High Commissioner on Human Rights Web site (www.unhchr.ch/udhr/lang/eng.htm).
• Using the Universal Declaration, identify the five first-generation rights and five second-generation rights that you think are most important. Briefly explain the importance of each one.

III. The Consequences. Drawing on your review of first- and second-generation rights and the formal enunciation of rights in the Universal Declaration, consider the different universal applicability of the two categories of rights.

• Are some rights more universal or more essential than others?
• Consider the economic inequality discussed in chapter 5. Do poverty and inequality impact whether and how some of these rights can be provided in developing countries?
• Should a distinction be made between rights and privileges?
• What objections and sources of opposition would you expect to encounter with regard to the different categories of human rights?
• What do you think are the prospects for a universally accepted set of human rights?