Foundations of Human Rights and Social Justice

Understanding Justice and Social Justice

Defining Justice

Justice is a set of laws and principles that seek to establish good relations and equality among people.

The Emergence of Social Justice

Social justice emerged from the struggle to improve the conditions of the working class. It strives to achieve:

• Recognition and respect for human dignity
• Fair and equitable distribution of economic, cultural, and legal goods
• Development of an equality of opportunities agenda
• Social security for all

The Genesis of Human Rights

Early Declarations of Rights

The first proclamations of human rights appeared in the late 18th century, advocating for the freedom, equality, and dignity of individuals. Notable examples include the Declaration of Rights of Virginia, the Declaration of Independence of the USA in 1776, and the Declaration of the Rights of Man and of the Citizen in 1789.

Industrial Revolution and Labor Rights

During the First Industrial Revolution, as the new middle class grew wealthier and more diverse, revolutionary labor movements emerged, actively promoting social justice and workers' rights.

World Wars and the Need for Global Protection

Following World War II, an international agency was initially established to defend workers' rights. However, its mission faced significant challenges with the rise of fascism, Nazism, and similar totalitarian regimes. These regimes adopted systems that extolled nationalism and absolute leader power, suppressing labor movements, political parties, and trade unions.

The Universal Declaration of Human Rights (UDHR)

Formation of the United Nations and UDHR Approval

In an effort to renew international cooperation and prevent future atrocities, the United Nations (UN) was established on October 24, 1945, succeeding the League of Nations. On December 10, 1948, the Universal Declaration of Human Rights (UDHR) was approved. This foundational document comprises an introduction and 30 articles, enumerating the fundamental rights of humanity, including classic freedoms and principles of social justice.

Key Features of the UDHR

The UDHR holds several distinguishing characteristics:

• It is the first international document that is truly universal, affirming that all individuals possess the same inherent rights.
• It constitutes an agreement among states with diverse economic, political, and cultural backgrounds.
• It represents a determined attempt to overcome Western ethnocentrism and all forms of discrimination.
• Its content serves to promote justice, peace, and dialogue among nations.

The UDHR's Intended Impact

The principles outlined in the UDHR are intended to be:

• Inalienable: No person shall be deprived of these rights.
• Legally Respected: They must be respected by the laws of all states.
• Foundational Framework: They serve as a framework for organizing social, economic, political, and cultural life.
• Basic Code of Justice: They must be the basic and fundamental code of justice.

Challenges and Limitations of the UDHR

However, in practice, these principles are not always upheld, and human rights violations still occur in some states. The UDHR's contents are not legally binding and cannot be directly enforced by judges and courts. To address this limitation and provide legally binding frameworks, the International Covenants on Human Rights were later created.