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  • Essay / The Advantages and Disadvantages of Human Rights - 1391

    Original rights are freedom rights that serve to protect citizens against state encroachment. These are weak rights that surround civil political rights, resulting from the American and French revolutions.2 Since the 18th and 19th centuries, they have been living instruments of positive law and not just idealistic ideas, perceived only as first generation rights. The Virginia Bill of Rights of 1776 contained the rights to free elections, trial by jury, respect for property, and freedom of the press, but excluded social rights related to the social capacity of the state. Likewise, the first twelve amendments to the U.S. Constitution provide physical security and a functioning legal framework. The same thoughts have gained ground in France where the Declaration of the Rights of Man and of the Citizen of 1789 is content to establish a functional arrangement of administration which does not overwhelm the State with powerful demands. Civil liberties also took over the entire 19th century, simple rights became an essential part of an advanced constitution when absolutely linked to established freedoms. Until the mid-20th century, various social and monetary rights were recognized at a sacred level, including the 1917 Soviet Constitution and the Weimar German Constitution. Additionally, it is interesting to note that the Irish Constitution of 1937 incorporated a provision on "social approach mandate standards".3 Despite these varieties, first generation rights are essential to the constitution and have not never been ruled out. It gives an applied step to recognize different rights and recognize two particular confined classes. Socio-economic rights are excluded but instead referred to as second generation rights. The historical growth of both rights in the ears has meant that the rights have been treated in an unexpected way. As Justice Albie argues, this structure suggests that the second generation is less critical than the first. It tends to outline a first concern