CLASSIFICATION OF HUMAN RIGHTS
Human rights can be classified in a
number of different ways. Some rights may fall into more than one of the
available categories. One of the most widely used classifications distinguishes
two general categories: classic or civil and political rights, and social
rights that also include economic and cultural rights. Classic rights generally
restrict the powers of the government in respect of actions affecting the
individual and his or her autonomy (civil rights) and confer an opportunity
upon people to contribute to the determination of laws and participate in
government (political rights). Social rights require the governments to act in
a positive, interventionist manner so as to create the necessary conditions for
human life and development. The governments are expected to take active steps
toward promoting the well-being of all its members out of social solidarity. It
is believed that everyone, as a member of society, has the right to social
security and is entitled to realization of the economic, social and cultural
rights (ESCR) indispensable for his or her dignity and the free development of
his or her personality.
All human rights carry corresponding obligations that must be translated
into concrete duties to guarantee these rights. For many years, traditional
human rights discourse was dominated by the misperception that civil and
political rights require only negative duties while economic, social and
cultural rights require positive duties. In this view, the right to free speech
is guaranteed when the state leaves people alone, whereas the state must take
positive action to guarantee the right to health by building health clinics and
providing immunization.
This positive versus negative dichotomy has been discredited
recently in favor of the understanding that all human rights have both positive
and negative components. It is a matter of common sense that civil and
political rights, including free speech, require the positive outlay of state
resources in terms of providing a functioning judicial system and educating
people about their rights. Conversely, all ESCR have negative aspects; some
states prevent people from freely exercising ESCR, for example by blocking food
or medical supplies to disfavored groups or regions.
Most scholars and activists now agree that duties for all human
rights -- civil and political as well as ESCR -- can be divided into several
discrete categories based on the type of duties. Although there is some variation
in these typologies, they converge along the following basic categories: the
duties to respect, protect, and fulfill.
The
duty to respect is the negative obligation. It requires responsible parties to
refrain from acting in a way that deprives people of the guaranteed right.
Regarding the right to health, for example, a government may not deprive certain communities
of access to health care facilities. The duty to protect is the obligation concerning third parties. It
requires responsible parties to ensure that third parties do not deprive people of the
guaranteed right. For example, a government must pass and enforce laws prohibiting private
companies from releasing hazardous chemicals that impair public health. The duty to fulfill is the
positive obligation. It requires responsible parties to establish political, economic, and
social systems that provide access to the guaranteed right for all members of society. For
example, a government must provide essential health services such as accessible primary
care and clean water.
Learn more
about classification of human rights by visiting the following Web sites:
International Covenant on Civil and Political
Rights
Virtual Library of Civil and Political Rights
International Covenant on Economic, Social, and Cultural Rights
Center for Economic and Social Rights
Women's Economic and Social Rights
Economic and Social Rights After Fifty Years
Reinvigorating the Struggle for Economic and
Social Rights in Africa
Human Rights Library: Economic, Social and
Cultural Rights