ABSTRACT

Most constitutions embrace human rights as both societal norms and legal standards. Now is precisely the historical moment to revise the constitution while there is still time to cultivate habits of cooperation and teamwork. In the US Constitution, rights are claimed by the person against the state, or as the 1st Amendment states, "Congress shall make no law", therefore, legal scholars refer to the "negative rights" spelled out in the US Constitution. Civil and political rights—"first-generation rights"—refer to individual rights, such as the right to stand trial, to speak freely, and to profess religious beliefs. Economic, social and cultural rights—"second-generation rights"—are enshrined in the 1948 Universal Declaration of Human Rights (UDHR) which was widely embraced by countries at the end of World War II. "Third-generation rights" are collective rights that are realized through global cooperation and solidarity. The Founding Fathers thought of human rights as derivatives of property rights.