16 5. Marxism What is it? These are articulations of basic human needs in society, e.g. food, shelter, work (or they should be – as Marx pointed out in On the Jewish Question, the language of human rights has been hijacked to mean something else) (sociological) Who do they apply to? Theoretically, for everyone, but in practice they are appreciated only by the powerful (controversial). Where does their authority come from? Reality, material conditions of existence (constructivist) and “species” (essentialists) What is their purpose? Improving living conditions and protecting people from (radical) exploitation How to search for them? By dialectical (critical) methodology 8 1. Legal positivism What is it? These are legal imperatives and protections for (liberal) individuals Who do they apply to? To all subjects of the law (relativists) Where does their authority come from? Positive law (i.e. legal acts, conventions, etc.) (constructivist) What is its purpose? Protecting citizens from injustice and upholding the rule of law (conservative) How can we search for them? Through (positivist) legal research methods, UNFPA also recognizes that a rights-based approach should be based on an analysis of gender and social exclusion to ensure that programmes reach marginalized and vulnerable populations, particularly poor women and youth. 22 8. Feminism What is it? These are (sociological) political constructs To whom do they apply? In theory, all peoples, but in practice, to (disputed) men Where does their authority come from? In practice, the gendered discourse of the public (constructivist) What is its purpose? Theoretically, to question the exclusion of women from the “human” (radical) political category. How can we search for them? Through methods of seeking feminist (critical/interpretative) points of view, universality and inalienability: Human rights are universal and inalienable. All people, everywhere in the world, are entitled to it. The universality of human rights is contained in the terms of article 1 of the Universal Declaration of Human Rights: “All human beings are born free and equal in dignity and rights. » Equality and non-discrimination: All individuals are equal as human beings and by virtue of the inherent dignity of every human being.
Therefore, no one may be discriminated against on the basis of race, colour, ethnicity, sex, age, language, sexual orientation, religion, political or other opinion, national, social or geographical origin, disability, property, birth or other status specified in human rights law. Sociological theory Where does it come from? Theories and theorists Current theoretical approaches Sociology as a science. 4 Human Rights and DisciplinesThere is also a fundamental theoretical question in law: “What is the source of legal authority?” Here we turn to legal theories (e.g., theories of legal authority) that promote positivism, naturalism, realism, etc. BUT none of the above is a theory of human rights – they are not designed for that purpose! So, as we look at human rights in these disciplines and look for a common narrative, we need to identify theories that answer another question: “What do we mean by human rights?” In the decades since the UDHR, the scope of human rights has not changed significantly. Should the scope be changed? The UDHR, the International Covenants and other documents are the cornerstones of human rights, but human rights should not be limited to documents. The world is changing due to technology, climate change and scientific developments. Are the bodies responsible for defining and protecting human rights keeping pace? There is no need to completely destroy our old conception of human rights. Instead, society should be open to refining what types of human rights exist and how they are applied in practice. The UDHR and other documents establish five types of human rights: economic, social, cultural, civil and political. Economic, social and cultural rights include the right to work, the right to food and water, the right to housing and the right to education. Documents such as the International Covenant on Economic, Social and Cultural Rights, established in 1976, protect these rights.
Conventions such as the Convention on the Rights of the Child protect the economic, social and cultural rights of certain groups. As with all types of human rights, the state has a responsibility to protect, promote and fulfil economic, social and cultural rights. Concrete examples in this category are: Accountability and the rule of law: States and other duty-bearers are responsible for respecting human rights. In doing so, they must comply with the legal standards enshrined in international human rights instruments. If they fail to do so, the aggrieved rights holders are entitled to an appropriate remedy before a court of competent jurisdiction or other arbitrator in accordance with the rules and procedures provided by law. Individuals, the media, civil society and the international community have an important role to play in holding Governments accountable for their commitment to upholding human rights. 24 9.