1.0 Human Rights Flashcards
Define human rights
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)
Universal
enjoyed by all humans regardless of their nationality, gender or race
Indivisible
all HR are equally important
Inherent
birthright of all humans and to be enjoyed by all
Inalienable
They can’t be taken away or given up
What are the 3 types of HR?
- Civil & political (1st. gen)
- Economic, social & cultural (2nd gen)
- Collective rights (3rd gen)
What are civil rights?
rights that enable freedom of expression across a range of issues, freedom of movement
What are political rights?
ability to participate in a democracy/gov
What are economic rights?
ability to join a trade union and earn an income
What are social rights?
to be treated w/o discrimination in all aspects of society, that give security to ppl in a society as they live & learn together
What are cultural rights?
ability to practice and follow certain beliefs w/o persecution, assisting in preserving & enjoying one’s cultural heritage
What are environmental rights?
to live in an enviro w/o fear of suffering life threatening diseases or their future existence
What are peace rights?
ability to live in an enviro free from violence, or armed forces/guerilla movements
Examples of civil and political rights
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
Examples of economic, social & cultural rights
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
What do economic, social & cultural rights usually require?
Government action, eg. to enjoy the highest sustainable standard of physical & mental health, government needs to spend money on health care.
Why are many civil & political rights called negative rights?
It involves states refraining from committing actions that would be HR abuses in order to protect those rights
what are collective rights?
Rights that belong to a group of people, eg. to self determination,
Examples of collective rights
to continued survival of a race of people,
to self-determination (of a people to govern themselves & to choose their own form of government)
What is the current status of collective rights?
unclear, but some have been partially recognised in international instruments
How are human rights recognised at an international level?
Through the Charter of the UN 1945
and the Universal Declaration of Human Rights 1948
Name the historical documents that led to a developing recognition of human rights
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
What was Magna Carta 1215?
Magna Carta 1215 recognised that the King had limited power over individuals, everyone has a right to freedom,
What did historical English Common Law establish?
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
When was the UK Declaration of rights?
1689
When was the US Declaration of Independence?
1776
When was the French Declaration of the Rights of the Man and the Citizen?
1789
What are the 7 main campagins towards recognising HR?
ATSPEED Abolition of slavery Trade Unions Suffrage Peace rights Enviro rights Education Determination-self
How do the 7 campaigns towards recognising HR demonstrate an evolution of the importance and recognition of HR over the past millennium?
They highlight changing values and ethical standards of societies. Mention:
- HR as a western concept
- HR are indivisible
- Collective rights
- National Security
What is soft law?
Non-binding law
What is hard law?
Legally binding law
What are types of hard law?
Treaties
What happens when a country ratifies a treaty?
if they have national laws that contradict the treaty, they are obligated to change those laws to comport with the treaty.
What is a covenant?
Binding agreement between states; used synonymously with Convention and Treaty. treaties that deal with human rights or other normative principles
explain the difference between collective rights and individual rights
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
