Three Generations of Human Rights

The Three Generations of Human Rights

• Human rights can be classified in different ways, such as through a historicist approach, which considers the progressive protection of human rights, or through a hierarchy approach, which distinguishes between essential and complementary rights

Three Generations of Rights

• The best-known classification distinguishes the Three Generations of Human Rights, based on a periodic approach that focuses on the progressive coverage of Human Rights

First Generation

• Emerged during the French Revolution as a rebellion against the absolutist monarchy
• Encompasses civil and political rights
• Impose a duty on the State to always respect the fundamental rights of human beings, like life, liberty, and equality

Second Generation

• Consists of collective rights, specifically social, economic, and cultural rights
• These rights arose from the Industrial Revolution
• Mexico was one of the first countries to include social rights in its constitution in 1917
• They require the State to take action and are progressively satisfied based on economic capabilities

Third Generation

• Formed by the rights of peoples, also known as solidarity rights
• These rights have emerged in our time due to the necessity of cooperation between nations and diverse groups

First Generation Rights

• These rights comprise fundamental liberties, as well as civil and political rights
• They are the oldest in their normative development
• These rights belong to the individual in relation to the State or any authority

Characteristics of First-Generation Rights

• The State is always obligated to respect these rights and can only limit them under the conditions stipulated in the Constitution
• These rights imply respect and no impediments
• Every human being generally holds civil rights; every citizen holds political rights
• Individuals can claim these rights themselves

Examples of First-Generation Rights

• Freedom of transit is classified as a fundamental liberty; for example, one can freely travel through their country
• Freedom of assembly and association is a fundamental liberty; for example, one may peacefully meet or associate with others to make improvements for the community
• The right to recognition of legal personality is a civil right; for example, one has the right to a name, domicile, and civil status

Fundamental Rights and Liberties

• Everyone has fundamental rights and liberties, regardless of race, color, language, or social or economic standing
• People are entitled to life, liberty, and legal security
• Men and women are entitled to equal rights
• No one shall be subjected to slavery or servitude
• No one shall be subjected to torture or cruel, inhuman, or degrading treatment or punishment, nor can they be physically, psychologically, or morally harmed
• One's private life, family, home, or correspondence may not be subjected to arbitrary interference, nor may one's honor or reputation be attacked
• Everyone has the right to move freely and choose their place of residence
• Everyone has a right to nationality
• Every person has the right to seek asylum from political persecution and enjoy it in any country
• Men and women have the right to marry and decide how many children they want
• Everyone has the right to freedom of thought and religion
• Everyone is entitled to freedom of opinion and expression
• Everyone has the right to peaceful assembly and association

Civil and Political Rights

• Every human is entitled to recognition of their legal personality
• Everyone is equal before the law and everyone must be treated equally
• Everyone has the right to a trial for protection of rights
• No one may be arbitrarily detained, imprisoned, or exiled
• Everyone is entitled to be heard and treated fairly by an impartial tribunal
• Anyone accused of a crime is presumed innocent until proven guilty according to law
• Everyone has the right to take part in the government of their country
• Everyone has the right to hold public office in their country
• The will of the people is the basis of public authority and will be expressed through genuine elections

Second Generation Rights

• Economic, Social and Cultural Rights are the rights included in the second generation
• They are rights of social content for the purpose of securing better living conditions

Characteristics of Second-Generation Rights

• Expands the scope of the State's responsibility and imposes a positive duty on the part of the State
• Concerns the satisfaction of needs and provision of services
• Individuals are defended by someone in their community
• Their claim is mediate and indirectly conditioned by the economic possibilities of the country
• The aspirations of society are legitimate

Examples of Second-Generation Rights

• The right to fair wages is an economic right
• For example, everyone is entitled to earn a wage high enough to maintain an adequate standard of living
• Freedom of association is a social right
• For example, everyone has the right to form labor organizations
• The right to participate freely in cultural life is a cultural right
• For example, everyone has the right to visit museums, archaeological sites

Economic, Social, and Cultural Rights

• Everyone is entitled to social security and fulfillment of their economic, cultural, and social rights
• Everyone is entitled to equitable and satisfactory working conditions
• Everyone has the right to form unions to protect their interests
• Each person has the right to an adequate standard of living that guarantees them, as well as their family, health, food, clothing, housing, medical care, and necessary social services
• Everyone is entitled to physical and mental health
• Mothers and children are entitled to special care and assistance
• Everyone has the right to education in its various forms
• Primary and secondary education will be compulsory and free
• Everyone has the right to public safety
• Parents have the right to choose what kind of education their children will receive

Third Generation Rights

• Third-generation rights are also called rights of the peoples or solidarity derechos
• These rights refer to three types of assets which can be encompassed in peace, development, and the environment
• There are 3 types of rights, civil and political, economic, social and cultural, and cooperation between peoples

Characteristics of Third-Generation Rights

• They belong to imprecise groups of individuals with a general interest in common
• Their fulfillment requires action that is positive, in order to do, to give, and negative, in order to not do
• These are rights of both a State and the whole of the International Community
• Although the State is their proprietor, they may be demanded before the State itself, in the case of groups belonging to the State, or the opposite State, in the case of the International Community, that is, of one nation by another

Examples of Third-Generation Rights

• Ethnic groups have the right to economic development
• Every country is entitled to select its form of government
• All countries are entitled to receiving benefit from the common heritage of humanity
• No country should attack another

The Rights of Peoples Include

• Self-determination
• Economic and political independence
• National and cultural identity
• Peace
• Peaceful coexistence
• Understanding and trust
• International and regional cooperation
• Development
• International social justice
• The use of advancements in science and technology
• Solving food, demographic, educational, and ecological problems
• A healthy environment
• The common heritage of humanity
• Development that allows a decent life