Assessment - Section 2 Flashcards
Universal Declaration of Human Rights
Developed in response to the atrocities of the Second World War, and to ensure that they never happen again
Drafting committee was chaired by Elanor Roosevelt
Declaration was adopted on the 10th of December 1948
Contains 30 articles including:
Right to Life (Article 3)
Freedom from Slavery (Article 4)
Freedom from Torture (Article 5)
The UDHR was the first document to establish a catalogue of fundamental human rights
The rights outlined in the UDHR have arguably become a part of international law as they are so widely accepted
As a declaration, the UDHR is ‘soft law’ and is not legally binding under international law
International Covenant on Civil & Political Rights
The ICCPR was presented as a draft in 1954, adopted by the UN in 1966 and came into force in 1976
The ICCPR was established in order to make the civil & political rights outlined in the UDHR legally binding
The ICCPR and ICESCR were originally meant to be one document, but were split into two conventions after debate regarding the importance of civil & political rights against economic, social and cultural rights
Contains 53 articles including: Right to Life (Article 6) Freedom from Torture (Article 7) Freedom from Slavery (Article 8) Contains two optional protocols, the first establishing the complaints mechanism (UN Human Rights Committee) and the second abolishing the death penalty
Along with the UDHR & the ICESCR, forms the International Bill of Rights
As a convention, the ICCPR is ‘hard law’ and is legally binding under international law
Has been utilised in many cases, including Toonen v Australia (1994) - Article 17
International Covenant on Economic, Social & Cultural Rights
The ICESCR was drfted in 1954, adopted by the UN in 1966 and came into force in 1976
The ICESCR was established in order to make the economic, social and cultural rights outlined in the UDHR legally binding
The ICCPR and ICESCR were originally meant to be one document but were split into two conventions after debate regarding the importance of civil & political rights against economic, social and cultural rights
Contains 31 articles including:
The Right to Self Determination (Article 1)
Equality of the Sexes (Article 3)
Right to Work (Article 6)
Optional protocol establishes the UN Committee on Economic, Social & Cultural Rights
Along with the UDHR and ICCPR, forms the international bill of rights
As a convention, the ICESCR is ‘hard law’ and is legally binding under international law
All states parties are required to submit regular reports to the Committee outlining the legislative, judicial, policy and other measures they have taken to implement the rights affirmed in the Covenant.
Explain the concept of state sovereignty and its relationship to human rights
State Sovereignty - the authority of an independent state to govern itself (for example, to make and apply laws)
It is the ultimate law-making power of a state, protecting it from external interference in the governance of its citizens
State sovereignty means that nations are not bound to enter international agreements such as the UDHR or ICCPR
Thus, non-signatories are not bound to respect the human rights contained within those agreements
For example, nations such as China, the United States and Saudi Arabia are able to use their state sovereignty to impose the death penalty, despite this contravening the right to life contained within the UDHR & ICCPR
However, in the modern international system, state sovereignty is no longer absolute
It is limited by duties and obligations owed to the international community
For example, under the Responsibility to Protect Doctrine, a state may temporarily forefit its sovereignty if it engages in genocide or other crimes against humanity - in such cases, the international community may be obliged to intervene
An example of this was the ‘no fly zone’ imposed on the Libyan government in 2011, in order to protect citizens exercising their right to protest
The Abolition of Slavery - History
Slavery has existed as a legal institution in nearly all civilisations since the dawn of human history
A particularly brutal example was the Transatlantic Slave Trade that operated from the 16th century up until the mid-1850s, taking slaves from Africa to the Americas
As the horrors of the slave trade became known in Europe, a political movement to end the practice began - abolitionism
With the support of prominent lawmakers such as William Wilberforce, Britain banned the importation of slaves in the Slave Trade Act 1807, and fully abolished slavery in the British Empire in the Slavery Abolition Act 1833
In the United States, the abolition of slavery became one of the major causes of the American Civil war, and, with the victory of the Union, was abolished by the addition of the Thirteenth Amendment to the Constitution in 1865
One of the first major international attempts to abolish slavery worldwide was the Convention to Suppress the Slave Trade and Slavery (1926), by the League of Nations
After the end of World War 2, the member states of the UN prohibited slavery under Article 4 of the UDHR
The last state to officially abolish slavery was Mauritania in 1981
Slavery still occurs today, with an estimated 45.8 million people enslaved worldwide
Trade Unionism & Labour Rights - History
The catalyst for the creation of labour rights was the Industrial Revolution, which led to changes in manufacturing, agriculture and transport
During this period, trade unions first emerged in response to appalling conditions and low wages - workers recognised that they could only get change if they worked together
One of the first acts relating to labour rights was the Factory Act 1802 (UK) which aimed to protect the welfare of workers by limiting hours and mandating better conditions
For many years, employers attempted to deny workers the right to organise
The Trade Union Act 1871 (UK) finally secured the legal status of trade unions in the UK
International recognition of labour rights came in 1919, when the Treaty of Versailles established the International Labour Organisation as a branch of the League of Nations
Labour rights were finally enshrined in Articles 23 & 24 of the UDHR, which protected working conditions and the right to form trade unions
Later treaties, such as the ICCPR, served to further define these rights
Universal Suffrage - History
The theory of democracy can be traced back to ancient times - however, for centuries, the right to vote was usually restricted by status, gender, race or age
The concept of universal suffrage - the right of all citizens to vote in political elections regardless of status, gender, race or creed - is only a relatively recent development
Demands for suffrage for all males began in the nineteenth century - in the UK, it was gradually extended to landowners (1867), and then countryside residents (1884)
It was not until the Representation of the People Act 1918 (UK) that the right to vote was extended to the entire adult male population
Suffragettes fought for the right of women to vote - this was first obtained in New Zealand in 1893, and limited rights in the UK in 1918 (extended in 1928)
The right to vote was recognised as a universal human right in Article 21 of the UDHR
However, it was only in 1990, with the collapse of the Communist bloc, that this right had the prospect of being accepted globally
In 2019, more people voted than ever before, but democracy is still endangered by events such as the GFC, the failure of the Arab Spring, and the rise of authoritarians
There is also no democratic mechanism for international decision making
Universal Education - History
Universal Education - free and compulsory education for all children
Historically, formal education was associated with wealth and power or with certain trades, beliefs or religions
Most children received informal education from their families and community
During the Industrial Revolution, governments began to fund and administer schools for the public
In the Elementary Education Act 1880 the UK made education compulsory for children aged 5-10
In NSW, the Public Instruction Act 1880 led to the government taking control of non-Catholic, church-run schools and making education free, secular and compulsory
From its inception, the UN made education a major priority of its economic and social development programs
The right to a free education was included under Article 26 of the UDHR
Goal 4 of the Sustainable Development Goals is “Ensure inclusive and equitable quality education and promote lifelong learning for all
Self-Determination - History
The Right to Self-Determination - the right of people to determine how they will be governed, or their political status based on territory or national grouping
Self-Determination has been fought for throughout history by peoples against various powers and regimes, often through brutal wars and conflicts
Such conflicts for the right to self-determinate include the American & French Revolutions, as well as the Latin American Wars of Independence
The Treaty of Versailles (1919) was the first international document to recognise self-determination as a critical right
Self-Determination was also recognised in the Atlantic Charter (1941) and the Declaration of the United Nations (1942)
The first universal recognition of the right to self-determination came in Article 1 of the Charter of the United Nations (1945) and Article 15 of the UDHR
The ICCPR includes self-determination as its primary right, under Article 1
Post-WW2, many nations under colonial rule sought their right to self-determination
However, the pursuit of self-determination can also lead to a disregard for human rights, seen in conflicts across Africa and Asia
A more recent issue of self-determination is that of Indigenous peoples, and led to the UN adopting the United Nations Declaration on the Rights of Indigenous Peoples (2007)
Environmental Rights - History
Environmental Rights are unlike ordinary rights but can relate to many agreed rights, such as the rights to life, health and property
Supporters argue that these rights cannot be realised without the right to a healthy, safe and adequate environment
For example, climate change poses a threat to the rights to food security, water & health and to live in your own country
Environmental rights have been recognised in Article 23 of the African Charter on Human and People’s Rights (1981) and the second optional protocol of the American Convention on Human Rights (1988)
There has been no universal recognition of environmental rights
There have been treaties such as the Stockholm Declaration (1972), the Rio Declaration (1992) and the Kyoto Protocol (1997) that attempt to deal with environmental problems
A major challenge for environmental rights is achieving consensus among states and convincing them to commit to measures they judge are against their short-term interest
Peace Rights - History
Right to Peace - the right of citizens to expect their government to do all in its power to maintain peace and work towards the elimination of war
The United Nations was formed in the wake of the Second World War, the deadliest conflict in human history with 70 million casualties
Article 1 of the Charter of the United Nations (1945) explicitly made the maintenance of peace its primary purpose, outlawing war except in specific circumstances
In 1984, the UN General Assembly adopted the Declaration on the Right of Peoples to Peace, proclaiming that “all people of our planet have a sacred right to peace”
The UN General Assembly also approved the Treaty on the Prohibition of Nuclear Weapons (2017) which seeks to avoid the “humanitarian consequences”
In 2018, the UN Human Rights Council stated that any use or threat of nuclear weapons would be in violation of Article 6 of the ICCPR, which states that “Every human being has the inherent right to life”
To protect the right to peace, war crimes can be prosecuted under international law
The Rome Statute of the International Criminal Court (2002) established the ICC to prosecute individuals for crimes such as acts of aggression (illegal war)
