4. MARCO REFERENCIAL
4.3 MARCO TEÓRICO
4.3.1 La Antropología En La Biomedicina
Article 1
When children are born, they are free and each should be treated in the same way. They have reason and conscience and should act towards one another in a friendly manner.
Article 2
Everyone can claim the following rights, despite - a different sex/gender
- a different skin colour
- speaking a different language - thinking different things - believing in another religion - owning more or less
- being born in another social group - coming from another country.
It also makes no difference whether the country you live in is independent or not.
Article 3
You have the right to live, and to live in freedom and safety.
Article 4
Nobody has the right to treat you as his or her slave and you should not make anyone your slave.
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Article 5
Nobody has the right to torture you.
Article 6
You should be legally protected in the same way everywhere, and like everyone else.
Article 7
The law is the same for everyone; it should be applied in the same way to all.
Article 8
You should be able to ask for legal help when the rights your country grants you are not respected.
Article 9
Nobody has the right to put you in prison, to keep you there, or to send you away from your country unjustly, or without a good reasons.
Article 10
If you must go on trial this should be done in public. The people who try you should not let themselves be influenced by others.
Article 11
You should be considered innocent until it can be proved that you are guilty. If you are accused of a crime, you should always have the right to defend yourself. Nobody has the right to condemn you and punish you for something you have not done.
Article 12
You have the right to ask to be protected if someone tries to harm your good name, enter your house, open your letters, or bother you or your family without a good reasons.
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Article 13
You have the right to come and go as you wish within your country.
You have the right to leave your country to go to another one; and you should be able to return to your country if you want.
Article 14
If someone hurts you, you have the right to go to another country and ask it to protect you.
You lose this right if you have killed someone and if you, yourself, do not respect what is written here.
Article 15
You have the right to belong to a country and nobody can prevent you, without a good reason, from belonging to another country if it is what you wish.
Article 16
As soon as a person is legally entitled, he or she has the right to marry and have a family. In doing this, neither the colour of your skin, the country you come from nor your religion should be impediments. Men and women have the same rights when they are married and also when they are separated. Nobody should force a person to marry. The government of your country should protect your family and its members.
Article 17
You have the right to own things and nobody has the right to take these from you without a good reason.
Article 18
You have the right to profess your religion freely, to change it, and to practise it either on your own or with other people.
Article 19
You have the right to think what you want, to say what you like, and nobody should forbid you from doing so.
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You should be able to share your ideas also-with people from any other country.
Article 20
You have the right to organize peaceful meetings or to take part in meetings in a peaceful way. It is wrong to force someone to belong to a group.
Article 21
You have the right to take part in your country’s political affairs either by belonging to the government yourself or by choosing politicians who have the same ideas as you.
Governments should be voted for regularly and voting should be secret. You should get a vote and all votes should be equal. You also have the same right to join the public service as anyone else.
Article 22
The society in which you live should help you to develop and to make the most of all the advantages (culture, work, social welfare) which are offered to you and to all the men and women in your country.
Article 23
You have the right to work, to be free to choose your work, to get a salary which allows you to live and support your family. If a man and a woman do the same work, they should get the same pay. All people who work have the right to join together to defend their interests.
Article 24
Each work day should not be too long, since everyone has the right to rest and should be able to take regular paid holidays.
Article 25
You have the right to have whatever you need so that you and your family: do not fall ill; go hungry; have clothes and a house; and are helped is you are out of work, if you are ill, if you are old, if
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your wife or husband is dead, or if you do not earn a living for any other reason you cannot help.
The mother who is going to have a baby, and her baby should get special help. All children have the same rights, whether or not the mother is married.
Article 26
You have the right to go to school and everyone should go to school.
Primary schooling should be free. You should be able to learn a profession or continue your studies as far as you wish. At school, you should be able to develop all your talents and you should be taught to get on with others, whatever their race, religion or the country they come from. Your parents have the right to choose how and what you will be taught at school.
Article 27
You have the right to share in your community’s arts and sciences, and any good they do. Your works as an artist, a writer, or a scientist should be protected, and you should be able to benefit from them.
Article 28
So that your rights will be respected, there must be an “order”
which can protect them. This “order” should be local and worldwide.
Article 29
You have duties towards the community within which your personality can only fully develop. The law should guarantee human rights. It should allow everyone to respect others and to be respected.
Article 30
In all parts of the world, no society, no human being, should take it upon her or himself to act in such a way as to destroy the rights which you have just been reading about.
Source: ABC, Teaching Human Rights: Practical Activities For Primary And Secondary Schools. Office of the High Commissioner on Human Rights http://193.194.138.190/html/
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R E A D I N G S
H i s t o r y o f U n i v e r s a l
H u m a n R i g h t s - U p t o W W 2
b y M o i r a R a y n e r
Human rights are rights possessed by people simply as, and because they are, human beings. The term has only come into common currency during the 20th century.
The idea of ‘human rights’ is not universal - it is essentially the product of 17th and 18th century European thought. Even the idea of ‘rights’ does not necessarily exist in every society or advanced civilisation. Rights are not the same thing as standards of behaviour punishable or required by rules, which can be fundamentally unfair to individuals, or used to oppress minority interests.
The earliest rules about standards of behaviour among people dealt with prescribing or prohibiting conduct that experience proved was likely to lead to conflict. There were great lawmakers - the Roman, Justinian, for one, who published his great Codex of various laws in the early 6th century -who tried to establish a cohesive schemes of rights and duties. The great religions of the world - Judaism, Hinduism, Christianity, Buddhism, Taoism, Islam, and others - have all sought to establish comprehensive, coherent moral codes of conduct based on divine law. All contain profound ideas on the dignity of the human being , and are concerned with the duties and obligations of man to his fellow human beings, to nature and indeed to God and the whole of creation.
But until the 17th century such attempts to establish a framework for such rules, laws and codes, whether in social, legal, secular or theological debate, emphasised duties and privileges that arose from peoples’ status or relationships, rather than abstract rights that, philosophically, preceded or underlay those relations or laws.
Then, attention moved from social responsibilities to the individual’s needs and participation. It was seen as fundamental to the well-being of society, under the influence of philosophers such as Grotius, Hobbes and Locke, Then, these rights were called ‘natural’ rights, or
‘the rights of man’. These natural or moral rights became part of the
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One of the first, and most important, battles was about politics.
Could ‘natural rights’ be handed over to rulers? People in their
‘natural’ condition have unlimited freedom. If they choose to be ruled, they surrender either all, or some at least of this ‘natural right’ to their king or government, in exchange for civil society and peace. If they could surrender ‘all’, then people could be subjected to absolute government authority, and be under an absolute duty to obey. If only some could be surrendered, then the question is what part of those freedoms do we give up?
This issue became a tremendous cause in 17th century England.
The protection of the people’s rights (especially the right to political participation, and freedom of religious belief and observance) against an oppressive government was the catchcry of the English Revolution of 1640 (which led to rebel leader Oliver Cromwell heading the government, and the King being executed). It was also the catchcry for the rebellion against the civil administration -the ‘Glorious Revolution’ - of 1688 which saw ano-ther King on -the throne, but also led to the English Bill of Rights, in 1689.
The Bill of Rights dealt with the fundamental concerns of the time.
It made the King subject to the rule of law, like any citizen, instead of claiming to be the law’s (divine) source. It required the King to respect the power of Parliament - elected by the people, with the power to control the state’s money and property. It protected some basic rights to justice - excessive bail or fines, cruel and unusual punishments and unfair trials: it guaranteed juries, impartial courts and independent judges. It repeated some of royal promises made by King John, under duress, in the Magna Carta (though Magna Carta was intended to benefit the privileges of the aristocracy of the time, not the whole population). It also established the people’s preferred Protestant religion, at a time when having a Catholic King was thought to endanger the sovereignty of England. The Pope, in those days, was still a relatively powerful ruler of a foreign country.
Towards the end of the 18th century, according to the philosopher John Locke, it was argued that it was part of God’s natural law that no-one should harm anybody else in their life, health, liberty or possessions. These rights could never be given up. The existence of this natural law also established the right to do whatever was necessary to protect such rights.
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This view limited the role of government. No-one could be subjected to another’s rule unless they consented. A government’s responsibility became the duty to protect natural rights. This limited what it could legitimately do and gave its citizens the right to defy and overthrow a government that overstepped its ‘legitimate’
authority.
This thinking underlay the American colonies’ Declaration of Independence in 1776. This not only asserted that governments were established by the consent of the people to protect rights, but unforgettably expressed these rights in the terms that:
‘all men are created equal, that they are endowed by their Creator with certain inalienable rights, that among these are Life, Liberty and the pursuit of Happiness.’
Governments that did not carry out their protective role could be overthrown.
Sadly, the Declaration did not, in fact, extend human rights to all human beings. The first US Constitution expressly preserved the institution of slavery and did not recognise the equal rights of women. Many ‘rights’ were added to the US Constitution over the next 150 years: the Equal Rights Amendment, designed to give women equality was defeated in a referendum just this decade.
In 1788, as a result of the French Revolution, the Declaration of the Rights of Man and of Citizens asserted the primacy of natural rights in similarly inspirational terms to the US Declaration of Independence.
Yet in the Terror that soon followed the Revolution, with all its hopes, thousands unjustly lost their lives or suffered greatly in the name of ‘Liberty.’
The doctrines of human rights that we now have are direct descendants of this thinking. The disparity in rights protection in practice reflected the society of the time.
A human right is ‘natural’ in that every one owns them, not because they are subject to any particular system of law or religious or political administration. They can be asserted against individuals,
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but they express the political objective: that governments must respect, protect and promote them.
The greatest 20th century statements of ‘natural’ or human rights can be dated to 1948, the Universal Declaration of Human Rights.
This preceded a range of international Conventions, Covenants, Declarations and other treaties that have followed the tradition.
Most came from the United Nations. But other groups have also adopted human rights standards. The European community, for example, has adopted a Convention on Human Rights. Many nations have incorporated rights into their national constitutions -acknowledging that the rights exist, not that they are created by their laws.
The most common ‘universal’ rights are the right to life; to freedom;
to own property (limiting where government may intrude);
citizenship rights (voting, nationality and participation in public life);
rights to standards of good behaviour by governments (or protection of the rule of law), and social, economic and cultural rights. The latter have become important during the 20th century, and raise important and still controversial issues about social justice and the distribution of wealth.
Universal human rights are, historically, the flower of what was originally a European plant. They have now received the support of world nations. Respect for human rights is becoming a universal principle of good government.
Source: http://www.universalrights.net/main/histof.htm
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R E A D I N G S
T h e C r e a t i o n o f t h e U n i v e r s a l D e c l a r a t i o n o f H u m a n R i g h t s
b y P e t e r B a i l e y , O B E A M
In less than half a century, the Universal Declaration of Human Rights (the UDHR) has come to be regarded as possibly the single most important document created in the twentieth century and as the accepted world standard for human rights. The UDHR draws life-preserving messages from the past, and is seen as an essential foundation for building a world in which all human beings can, in the centuries to come, look forward to living in dignity and peace.