Introduction
There is a provision towards the end of the UDHR, which says:
“In the exercise of his rights and freedom, everyone shall be subject to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.”
The belief in and practice of human rights are subject to limitations as may be provided by religion, international law and/or the national law of any given country.
Learning aims:
- to understand that some human rights can be limited and restricted;
- to understand that some human rights are absolute;
- to understand that human rights need to be balanced to protect individuals and wider society.
Task
To start to appreciate how people’s human rights can conflict and why they need to be limited, you will review a legal case between Naomi Campbell and the Mirror.
You will discover that most human rights can be limited but some are absolute, and then you will take on the role of your teacher to review a number of scenarios and decide if human rights should be limited or not.
You will finish by discussing the limits of different human rights.
Process
Step 1:
Explore what is meant by conflict by considering how a disagreement between two friends could be resolved. Using the example from the link below (slides 3 - 7), observe how one person’s opinion is compromised to resolve the situation. In the same way opinions conflict, so can human rights, which is why they need to be limited or restricted in certain circumstances:
https://docs.google.com/presentation/d/1WaSShBHreNzgbAuHzu_ribciHtfDshfO5dMFPiTMGII/edit?usp=sharing
Step 2:
Most human rights can be limited but some are absolute. Sometimes human rights can conflict, as you can see in this real-life case study where the rights of a celebrity, Naomi Campbell, conflict with the rights of a newspaper.
Work in pairs to complete the questions on the worksheet:
https://docs.google.com/document/d/1hXLDq_w7vILQVcrtesVyazJBTPTzL74RW1RSHtAjoyY/edit?usp=sharing
If necessary, use this list to identify which rights are conflicting:
Step 3:
In the same pairs, work in the role of the Teacher/Headmaster. You have to review the scenarios on the worksheet below and decide whether the students’ human rights should be limited or not. Then group with another pair and compare answers. Discuss as a class.
https://docs.google.com/document/d/1vi1ikzCusr923ZJaHaqUsBDhQi_pUoiB7n7sWmmU_Is/edit?usp=sharing
Step 4:
Debate
In pairs, consider the limits of freedom of expression (Article 10) by reviewing different statements and discussing whether the opinions should be limited or not. Consider whether the absolute right not to be tortured (Article 3) should ever be limited or not. Discuss the scenario on the slides 19 - 29 and the two opposing points of view:
https://docs.google.com/presentation/d/1WaSShBHreNzgbAuHzu_ribciHtfDshfO5dMFPiTMGII/edit?usp=sharing
Evaluation
Levels of Performance:
|
Criteria |
4 |
3 |
2 |
1 |
Grade: |
|
1. Organization & Clarity: Main arguments and responses are outlined in a clear and orderly way. |
Completely clear and orderly presentation |
Mostly clear and orderly in all parts |
Clear in some parts but not overall |
Unclear and disorganized throughout |
|
|
2. Use of Argument: Reasons are given to support the resolution |
Very strong and persuasive arguments given throughout |
Many good arguments given, with only minor problems |
Some decent arguments, but some significant problems |
Few or no real arguments given, or all arguments given had significant problems |
|
|
3. Presentation Style: Tone of voice, clarity of expression, precision of arguments all contribute to keeping audience’s attention and persuading them of the team’s case. |
All style features were used convincingly |
Most style features were used convincingly |
Few style features were used convincingly |
Very few style features were used, none of them convincingly |
|
|
|
|
|
|
|
TOTAL SCORE: _____ |
Conclusion
The human rights contained in the UDHR are not entirely set in stone and a person’s human rights can sometimes be limited. This means that a limitation of a human right may be considered lawful.
However, not every single limitation of a human right will be considered as lawful. A person’s human rights can be limited if:
- The limitation applies to all people and not just one or a group of people.
- There is a good reason to limit the right and the limitation can reasonably be justified in society.
The limited human rights of a person will be weighed against the human rights of others and the values of the society. For example, if a person feels that his/her freedom of expression has been violated, the court weigh his/her right against societal values and every other person’s right to dignity when considering whether it is lawful to limit his/her freedom to say something in public.
Credits
This webquest was created by a team of teachers, within the co-funded Erasmus plus KA2 partnership “UNITED STATES OF EUROPE: FRATERNITY, UNITY, LIBERTY” (USE:FUL), project no: 2018-1-PT01-KA229-047349, KA2 - Cooperation for Innovation and the Exchange of Good Practices, KA229 School Exchange Partnerships.
The European Commission support for the production of this publication does not constitute an endorsement of the contents which reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein.