User:Joaoalvesmarrucho/New Universal Declaration of Human Rights

The final New Universal Declaration of Human Rights will be the result of the collaborative process documented and hosted on Wikisource

Ethos
The output of this document is expected to be in the realm of Normative (prescriptive) Ethics. However, it is of the utmost importance to make it as inclusive as possible. Conflicts of ethos that build during the co-writing of this document, may be solved by repositioning the debate from the point of view of Descriptive Ethics. In this sense the Heinz Dilemma provides an optimal framework to bypass the blockings of Normative Ethics, whilst informing any reader seeking for simple moral guidance on Human Rights. If no consensus is possible then so be it, but whatever stance contributors take during this process it is imperative that we treat each other with respect and civility.

Cowriting manifesto
By intentionally contributing to this process we hereby declare our intentions towards to the improvement and empowerment of the Universal Declaration of Human Rights by committing to:
 * preserve the maximum of rights (if not all) stated in the original
 * broaden the spectrum of rights by making it more inclusive
 * update it so as to include social and technological advances that were hard to predict by the time of its draft (1948)

Current Form
The current declaration is structured as follows:

The Declaration consists of a preamble and thirty articles:
 * The preamble sets out the historical and social causes that led to the necessity of drafting the Declaration.
 * Articles 1–2 established the basic concepts of dignity, liberty, and equality.
 * Articles 3–5 established other individual rights, such as the right to life and the prohibition of torture.
 * Articles 6–11 refer to the fundamental legality of human rights with specific remedies cited for their defence when violated.
 * Articles 12–17 established the rights of the individual towards the community
 * Articles 18–21 sanctioned the so-called "civil liberties", and with spiritual, public, and political freedoms, such as freedom of thought, religion and freedom of association of the individual.
 * Articles 22–27 are concerned with the individual's economic, social and cultural rights, including the right yo healthcare. It also makes additional accommodations for security in case of physical debilitation or disability, and makes special mention of care given to those in motherhood or childhood.
 * Articles 28–30 established the general ways of using these rights, the areas in which these rights of the individual can not be applied, and that they can not be overcome against the individual.

There has been some criticism to the Universal Declaration of Human Rights it is still one of the most consensual ethical documents ever devised.

Three Generations of Human Rights
Newer work on the subject of Human Rights has been developed after the Universal Declaration of Human Rights. Karel Vasak, who worked as a Director of the Division of Human Rights and Peace, as a Legal Advisor to UNESCO, and as a jurist at the International Institute of Human Rights first proposed in 1977 the Three Generations of Human Rights . He named the three generations after the symbolism of French flag colours:
 * "Blue" rights (Liberty): concerned with liberty and participation in political life
 * "White" rights (Equality): fundamentally economic, social, and cultural in nature
 * "Red" rights (Fraternity): rights that go beyond the mere civil and social rights – with weak legally binding force (also known as "green" rights because they encompass environmental claims):
 * Group and collective rights
 * Right to self-determination
 * Right to economic and social development
 * Right to a healthy environment
 * Right to natural resources
 * Right to communicate and communication rights
 * Right to participation in cultural heritage
 * Rights to intergenerational equity and sustainability

Article 3 & 5 – The right to life and the death sentence
"With citation: Article 3: Everyone has the right to life, liberty and the security of person."

- United Nations General Assembly

"With citation: Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."

- United Nations General Assembly

Although Article 3 states the right to life, Article 5 does not take an explicit stance on the death penalty. This incertitude apparently leaves to the eyes of each law maker and to the hands of each law enforcement organisation the right to decide and implement measures evading Article 3. This ambiguity forces us to consider the rephrasing of Article 3 and/or Article 5 so as to achieve clarity.

Article 16 – Gender and religious bias
"With citation: Article 16: Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution."

- United Nations General Assembly

Article 16 narrowly frames the right to the institution of a family within a binary gender conception and within a religious perspective (marriage). It seems important to firstly gather consensus on what is a contemporary inclusive concept a family to, only then elaborate how the right to constitute, maintain and dissolute a family can be declared in the manifesto.

The proposal
This area is reserved to the showcase the current status of the proposal. To start writing please read this page first and then go to the discussion tab at the top.