10- Human Rights Flashcards
natural law approach to HR
HR comes from higher law.
embodied in UDHR’s preamble “inherent dignity” “inalienable”
Other documents like Universal HR Declaration & Cairo declaration also embody it
The Cairo Declaration (1999)
bans conversion from Islam and limits the rights of non-Muslims in some respects.
what are civil and political rights?
right to vote, and free speech.
protections for the people from the power of the state
(AKA Negative Rights)
what are economic, social, and cultural rights?
right to education, healthcare, and livelihood.
entitlements of a person which a state has to provide
(AKA Positive Rights)
association of rights btw the developed and developing world
civil and political rights are often associated with the developed world. this is mainly influenced by their experience of totalitarianism such as nazism.
economic, social, and cultural rights ae often associated with the developing world. this is mainly influenced by their relative under-development.
-> China uses its success in 2 to compensate for 1
how was HR viewed before WW2?
HR was viewed as within the power of the state.
this was based on the principle of sovereignty- that each state is independent and has exlcuive control over its own affairs.
what was the first treaty to internationalize HR?
Treaty of Versailles
- However,it was vvery limited.
it only applied to the inhabitants of mandate territories, and some others.
how was HR viewed after WW2?
the hororrs of WW2 made the protection of HR an intl priority.
UN Charter (1945) reaffirmed faith in fundamental HRs
UDHR followed (1948)
can UN bodies make binding decisions on HR?
no
The most these committees can do is to ask states nicely to stop doing what they are doing
UN Bodies concerned with HR
UN Human Rights Council -> views members HR record, appoints rapporteurs, accepts complaints
Nine other bodies
- Committee on the Elimination of Racial Discrimination, The Committee on the Elimination of Discrimination against Women, Committee against Torture, etc.
what are the strongest HR protection regimes in terms of bindingness?
REGIONAL ARRANGEMENTS
European Convention on HR
Came into force in 1953, inspired by the UDHR but has more enforcement power.
Eventually led to the establishment of the European Court of HR (ECtHR) which has power to make legally binding rulings against states.
what is the European Convention of HR under?
the Council of Europe
Competencies of European Court of HR (ECtHR)
hears complaints against states by individuals who feel aggravated under the Convention, after they exhausted domestic remedies.
what rigths does ECtHR guarantee?
both civil-political, and economic-social-cultural rights.
