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(p. 133) PART III Substantive rights 

(p. 133) PART III Substantive rights

Daniel Moeckli

, Sangeeta Shah

, Sandesh Sivakumaran

, and David Harris

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date: 25 February 2020

This chapter discusses different human rights categories. A first categorization distinguishes civil and political rights from economic, social, and cultural rights. This distinction is, however, increasingly contested, and should not disguise the mutual relationship between these rights as essential conditions for the life and well-being of the human person. A second distinction is that between the rights of individuals and the rights of collectivities, in particular indigenous peoples. Collective rights offer parameters for the effective enjoyment of individual rights. A third distinction is that between core rights and other rights, raising the issue of whether there is a ranking among human rights as to their fundamental nature. It is argued that basic substantive rights determining the life, survival, dignity, and worth of individuals and peoples may be considered as core rights. The chapter finally discusses the question of whether ‘new human rights’ are emerging. It suggests that this question be approached with caution, and that human rights should be understood in an inclusive and newly focused manner, encompassing hitherto marginalized and excluded groups and human beings.

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