三代人权观念:源流、争论与评价

The Conception of Three Generations of Human Rights:Sources,Debates and Evaluation

联合国教科文组织前法律顾问卡雷尔·瓦萨克于20世纪70年代提出三代人权理论后,国际人权学界围绕"三代人权的划分方法是否合理?"、"第二、三代人权是否是人权"等问题展开了激烈的争论。本文在梳理三代人权观念源流的基础上,对上述争论进行了介绍与分析,提出要从价值性、历史性和政治性的视角来审视人权问题,正确对待个人与集体、价值与历史、道德与政治之间的辩证关系。

The theory of three generations of human rights was proposed by Karel Vasak, a former legal advisor of UNISCO. Scholars of human rights all over the world debated on this theory intensively after its proposition. The questions are such as ＂Is the method of the division of three generations of human rights rea- sonable？＂, ＂Is the second generation of human rights really human rights？＂, ＂Is the third generation of hu- man rights really human rights？＂, and so on. Based on the introduction of the sources from which the ideas of the three generations of human rights came respectively, this essay analyzes and evaluates the debate centering around the theory of three generations of human fights. The conclusion of this essay is that we should view the problem of human rights from the perspectives of value, history and politics, so that we can treat the dialecti- cal relationships between individuals and communities, between value and history, between morality and poli- tics rightly.