1.0 Human Rights

Question 1

Define human rights

Answer 1

HR are fundamental things to which every human being is entitled simply because they are a human being. HR are universal, indivisible, inherent and inalienable. They are recognised at an international level through the Charter of the UN 1945 and the Universal Declaration of Human Rights 1948.
There are 3 types of HR:
1.Civil & political (1st. gen)
2. Economic, social & cultural (2nd gen)
3. Collective rights (3rd gen)

Question 2

Universal

Answer 2

enjoyed by all humans regardless of their nationality, gender or race

Question 3

Indivisible

Answer 3

all HR are equally important

Question 4

Inherent

Answer 4

birthright of all humans and to be enjoyed by all

Question 5

Inalienable

Answer 5

They can’t be taken away or given up

Question 6

What are the 3 types of HR?

Answer 6

1. Civil & political (1st. gen)
2. Economic, social & cultural (2nd gen)
3. Collective rights (3rd gen)

Question 7

What are civil rights?

Answer 7

rights that enable freedom of expression across a range of issues, freedom of movement

Question 8

What are political rights?

Answer 8

ability to participate in a democracy/gov

Question 9

What are economic rights?

Answer 9

ability to join a trade union and earn an income

Question 10

What are social rights?

Answer 10

to be treated w/o discrimination in all aspects of society, that give security to ppl in a society as they live & learn together

Question 11

What are cultural rights?

Answer 11

ability to practice and follow certain beliefs w/o persecution, assisting in preserving & enjoying one’s cultural heritage

Question 12

What are environmental rights?

Answer 12

to live in an enviro w/o fear of suffering life threatening diseases or their future existence

Question 13

What are peace rights?

Answer 13

ability to live in an enviro free from violence, or armed forces/guerilla movements

Question 14

Examples of civil and political rights

Answer 14

to = before the law
to freedom from slavery
of life, liberty & security of a person
to self-determination
to freedom of thought, conscience & religion
to leave & return to one’s country
from torture & other inhumane, degarding treatment
freedom from arbitrary interference with privacy, home or correspondence

Question 15

Examples of economic, social & cultural rights

Answer 15

To join & form trade unions- economic
To an adequate standard of living- economic
Social security -social
Participate in cultural life of the community- cultural
Education
Rest & leisure
To earn income & have favourable work conditions

Question 16

What do economic, social & cultural rights usually require?

Answer 16

Government action, eg. to enjoy the highest sustainable standard of physical & mental health, government needs to spend money on health care.

Question 17

Why are many civil & political rights called negative rights?

Answer 17

It involves states refraining from committing actions that would be HR abuses in order to protect those rights

Question 18

what are collective rights?

Answer 18

Rights that belong to a group of people, eg. to self determination,

Question 19

Examples of collective rights

Answer 19

to continued survival of a race of people,

to self-determination (of a people to govern themselves & to choose their own form of government)

Question 20

What is the current status of collective rights?

Answer 20

unclear, but some have been partially recognised in international instruments

Question 21

How are human rights recognised at an international level?

Answer 21

Through the Charter of the UN 1945

and the Universal Declaration of Human Rights 1948

Question 22

Name the historical documents that led to a developing recognition of human rights

Answer 22

Magna Carta 1215 and English Common Law
UK Declaration of Rights 1689
US Declaration of Independence 1776
French Declaration of Rights of Man & Citizen 1789

Question 23

What was Magna Carta 1215?

Answer 23

Magna Carta 1215 recognised that the King had limited power over individuals, everyone has a right to freedom,

Question 24

What did historical English Common Law establish?

Answer 24

The writ of habeas corpus (people can’t be imprisoned w/o good reason and that everyone is entitled to due process of the law

Question 25

When was the UK Declaration of rights?

Answer 25

1689

Question 26

When was the US Declaration of Independence?

Answer 26

1776

Question 27

When was the French Declaration of the Rights of the Man and the Citizen?

Answer 27

1789

Question 28

What are the 7 main campagins towards recognising HR?

Answer 28

ATSPEED
Abolition of slavery
Trade Unions
Suffrage
Peace rights
Enviro rights
Education
Determination-self

Question 29

How do the 7 campaigns towards recognising HR demonstrate an evolution of the importance and recognition of HR over the past millennium?

Answer 29

They highlight changing values and ethical standards of societies. Mention:

• HR as a western concept
• HR are indivisible
• Collective rights
• National Security

Question 30

What is soft law?

Answer 30

Non-binding law

Question 31

What is hard law?

Answer 31

Legally binding law

Question 32

What are types of hard law?

Answer 32

Treaties

Question 33

What happens when a country ratifies a treaty?

Answer 33

if they have national laws that contradict the treaty, they are obligated to change those laws to comport with the treaty.

Question 34

What is a covenant?

Answer 34

Binding agreement between states; used synonymously with Convention and Treaty. treaties that deal with human rights or other normative principles

Question 35

explain the difference between collective rights and individual rights

Answer 35

A collective right is a right belonging to a group or a people as opposed to an individual right. Eg, self determination. An individual’s HR are basic rights and freedoms human beings are entitled to, eg. freedom of speech