CHAPTER 2 CASE STUDIES + EXTRA CONTENT: HUMAN RIGHTS Flashcards

1
Q

UDHR impact on international law

A
  1. Basis for Treaties: The UDHR inspired binding covenants such as the ICCPR
    and ICESCR, which further elaborate and enforce the rights proclaimed in the
    Declaration.
  2. Catalyst for Regional Instruments: The principles of the UDHR inspired
    regional human rights conventions in Europe, Africa, and the Americas.
  3. Informing Jurisprudence: Courts like the International Court of Justice and
    regional human rights courts often reference the UDHR in their decisions.
  4. Influence on Customary Law: Several principles of the UDHR are now
    considered customary international law due to their wide acceptance and
    practice by states.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

UDHR Role in Shaping Subsequent Human
Rights Instruments and Conventions

A
  1. Framework for Other Instruments: It provided the foundational framework for
    conventions like CEDAW, CRC, and the Convention against Torture (CAT),
    among others.
  2. Promotion of Specific Rights: By establishing universal rights, it paved the
    way for focused instruments targeting specific groups (e.g., women, children,
    indigenous populations).
  3. Evolution of Rights: The UDHR’s fluid interpretation allowed for the evolution
    of rights, leading to discussions on third-generation rights like development,
    environment, and digital rights.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Milestones in Women’s Rights Rights

A
  1. Convention on the Elimination of All Forms of Discrimination Against Women
    (CEDAW, 1979): A landmark treaty that signifies global commitment to
    dismantle barriers of gender discrimination. Encompasses a range of rights,
    from political participation to health and education.
  2. Beijing Declaration and Platform for Action (1995): Adopted by the Fourth
    World Conference on Women, it maps out a strategic route for global gender
    equality. Encourages the international community to address systemic
    barriers, such as violence against women and inadequate healthcare
    provisions.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Milestones in Children’s Rights

A
  1. Declaration of the Rights of the Child (1959): Emphasizes that children, by
    virtue of their physical and mental immaturity, need special safeguards and
    care. Outlines ten principles ranging from protection against neglect to the
    right to education.
  2. Convention on the Rights of the Child (CRC, 1989): Comprehensive in nature,
    the CRC addresses the needs and rights of children from various angles,
    including protection from exploitation and access to healthcare. Encourages
    nations to adopt legal measures for the betterment of children’s lives
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Milestones in Indigenous People’s Rights

A
  1. ILO Convention No. 169 (1989): This convention recognises the aspirations of
    indigenous and tribal peoples and aims to ensure their rights concerning
    cultures, traditions, and institutions. Promotes consultation and participation
    mechanisms for these communities in decisions affecting them.
  2. UN Declaration on the Rights of Indigenous Peoples (2007): Emphasizes the
    rights of indigenous peoples to maintain their unique traditions, customs, and
    land relations. Addresses collective rights, which often aren’t included in other
    human rights instruments.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Milestones in Refugees rights

A
  1. 1951 Refugee convention: A comprehensive code of conduct for the
    treatment of refugees, defining who they are, their rights, and the legal
    obligations of states. Focuses on key aspects like non-refoulement,
    prohibiting the forced return of refugees.
  2. 1967 Protocol: Expanded the geographical and temporal scope of the 1951
    Convention, addressing newer challenges faced by refugees and making
    provisions universally applicable.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

History of International Concern for Human Rights

A
  1. World War II Aftermath: Following the catastrophic events and human rights
    violations of WWII, nations were determined to develop an international
    framework that would prevent future atrocities. This marked the beginning of
    human rights as an international agenda.
  2. UN Charter: Established in 1945, the charter emphasised the importance of
    human rights, setting a precedent for international collaboration.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Influence of Globalisation on International Concern for Human Rights

A
  1. Exposure to Atrocities: As communication technology advanced, human rights
    abuses in one region gained immediate global visibility, sparking international
    outcries and demands for action.
  2. Economic Interdependence: Nations became intertwined not just politically,
    but economically. This interdependence brought with it an obligation to uphold
    certain ethical and human rights standards.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Regional Instruments that aid in Human Rights

A
  1. European Convention on Human Rights (ECHR): Implemented in 1953, the
    ECHR oversees the protection of human rights in Europe.
  2. African Charter on Human and Peoples’ Rights: Adopted in 1981, this charter
    reinforces human rights in the African context.
  3. Inter-American Commission on Human Rights: Serving the Americas, this
    body attends to human rights issues specific to its region.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Universal Jurisdiction of Human Rights Abuses

A
  1. Universal jurisdiction is a revolutionary legal doctrine permitting nations to
    claim criminal jurisdiction over an accused person irrespective of nationality or
    where the alleged crime was committed.
  2. Crimes under this ambit are war crimes, genocide, crimes against humanity
    and torture and enforced disappearances.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Customary Law and Statutory Law

A
  1. Customary Law: These laws, being unwritten, evolve from prolonged
    practices and are built on societal mores.
  2. Statutory Law: These are the codified laws passed by legislative bodies.
  3. Symbiosis can occur: Situations where customary and statutory laws mutually
    uphold human rights.
  4. Dominance can occur: In certain systems, statutory laws hold precedence and
    can override customary laws if they contravene human rights.
  5. Friction can occur: Statutory laws, especially if introduced externally, can be
    seen as invasive and resisted in favour of customary laws.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

International Humanitarian Law

A
  1. Predominantly focused on limiting the barbarities of war, IHL sets forth rules
    that are in force during conflicts, aiming to safeguard those not actively
    participating in the hostilities.
  2. The Geneva Conventions are the main foundational treaties: These 1949
    conventions, divided into four primary treaties, epitomise the international
    standards for humane treatment during wars, particularly concerning civilians,
    prisoners of war, and the injured.
  3. IHL differs from Human rights in terms of the scope of application, and the fact
    that it is treaty based(it is not customs)
  4. The International Criminal Court is pivotal in prosecuting IHL violators
  5. The international Committee of the Red Cross promotes and monitors IHL.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Contemporary Challenges in Humanitarian Law

A
  1. Sovereignty vs. Global Standards: Balancing between upholding international
    human rights and respecting state sovereignty has been a longstanding
    challenge. Certain states view international interventions as infringements
    upon their sovereignty.
  2. Inconsistent Implementation: Despite the foundational importance of universal
    jurisdiction, its real-world application is frequently marred by inconsistencies.
    Factors like politics, strategic alliances, and economic interests can dictate
    whether action is taken against alleged wrongdoers.
  3. IHL and Human Rights Law Intersection: While both frameworks share the
    goal of safeguarding human dignity, their confluence can lead to intricate legal
    scenarios, especially in conflict zones.
  4. Jurisdictional Conflicts: Determining the appropriate forum for prosecuting
    international crimes, given the multiple overlapping jurisdictions, can pose
    challenges.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Influence of customs on Human Rights

A
  1. Influence on Perception: Customs, being society’s moral compass, can often
    determine how human rights are perceived. If the core principles of a custom
    align with human rights, societies may be more receptive to embracing those
    rights. Conversely, customs might also serve as barriers, especially if they
    inherently violate global human rights norms.
  2. Influence on Implementation: Customary practices can influence the
    mechanism of human rights enforcement. When a nation’s customs align with
    human rights, they can facilitate the enforcement process. However, if
    customs are at odds with human rights norms, it could hinder the
    implementation, causing friction between tradition and modernity
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Challenges in the Custom-Human Rights Nexus

A
  1. Cultural Relativism: The argument that human rights are not universally
    applicable but should be adapted to each culture’s nuances. This stance can
    sometimes mask human rights abuses under the guise of customs.
  2. Resistance to Adaptation: Age-old customs can create strong resistances to
    human rights norms, especially when communities believe their identity is
    under siege.
  3. Legal Ambiguities: Dual systems, i.e., customary and statutory, can lead to
    ambiguities, with people often torn between which to follow, especially in
    scenarios of conflict
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

South African Constitution Protecting Human Rights(background, key provisions,
implications)

A
  1. Background: After decades under the oppressive apartheid system, South
    Africa transitioned to a democracy in the 1990s. To ensure past mistakes
    weren’t repeated, a new constitution, which was formally adopted in 1996,
    placed human rights at its core. The drafting process involved extensive
    consultations, including public participation, reflecting a nation’s collective
    aspiration.
  2. Key Provisions: There was a bill of rights, focus on maintaining equality, and
    emphasis on freedom of expression
  3. Implications: Constitutional court, affirmative action, land rights
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Implications of Constitutional Rights on
National Legal Frameworks and Practices

A
  1. Direct Application: When a constitution enumerates rights, they’re not merely
    aspirational. Citizens can invoke these rights in courts, leading to tangible
    remedies.
  2. Legislative influence: All legislative proposals undergo a constitutional litmus
    test. Laws contradictory to constitutional guarantees risk being invalidated.
    Over time, this ensures national legislation evolves, mirroring the
    constitution’s ethos.
  3. Judicial Review: Courts, especially apex ones, are empowered to review
    governmental actions and laws. This acts as a check on potential overreaches
    or transgressions by the legislative or executive branches. This dynamic
    fosters a culture of rights-respectful governance, with the judiciary acting as
    the final sentinel.
  4. Political and Civic Participation: Politicians, while crafting policies or
    campaigning, use the constitution as a reference point. Promising better
    enforcement or suggesting amendments becomes part of the democratic
    discourse. For civil society, these rights provide tools for advocacy, allowing
    them to hold authorities accountable.
  5. One Challenge is varied interpretations: As societal norms evolve, so does
    the interpretation of rights. Courts are frequently tasked with navigating this
    dynamic, ensuring rights remain relevant and meaningful. E.g. US supreme
    court.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Role of International agreements in setting human rights standards

A
  1. Setting Standards: They’ve established universal benchmarks, urging states
    to meet and uphold specific human rights norms.
  2. Promoting Accountability: Their monitoring mechanisms instil accountability
    among member states, ensuring that obligations are not just words on paper.
  3. Raising Awareness: By codifying rights, they’ve bolstered global awareness,
    catalysing advocacy movements and informing citizens of their inherent rights.
  4. Driving Legislation: Many nations, spurred by these treaties, have revamped
    or introduced new laws, embedding these rights within national frameworks
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

National Courts(Role, effectiveness, challenges)

A
  1. Role: A national protection mechanisms of human rights that serve as the
    primary protectors of human rights within a country’s borders. They offer the
    means to interpret and enforce rights enshrined in constitutions, legislation,
    and ratified international treaties.
  2. Effectiveness: The efficacy of national courts is intrinsically tied to the
    independence of the judiciary. In nations with a robust rule of law, courts
    frequently offer effective remedies against human rights infringements.
  3. Challenges: judicial backlog, political interference, access barriers
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Police and law Enforcement(Role, effectiveness, challenges)

A
  1. Role: a national protection mechanism of human rights that enforce laws,
    inclusive of those safeguarding human rights, and are tasked with preserving
    public order and safety.
  2. Effectiveness: The perception of police varies. In certain nations, they’re
    viewed as the custodians of public welfare; in others, they’re often deemed
    culprits of rights violations.
  3. Challenges: Abuse of power, training deficits, corruption
19
Q

International Criminal Court(Role, effectiveness, challenges)

A
  1. Role: Is an international protection mechanism of human rights The ICC
    prosecutes individuals for egregious violations that transcend national
    boundaries, including genocide, crimes against humanity, and war crimes.
  2. Effectiveness: Effectiveness: The ICC, since its inception, has rendered
    several pivotal verdicts, bringing high-ranking officials and leaders to account.
  3. Challenges: jurisdiction confines(ignores some crimes), reliant on state
    cooperation, bias allegations(particularly against african states)
20
Q

International Court Justice(Role, effectiveness, challenges)

A
  1. Role: The ICJ, seated in The Hague, acts as the primary judicial arm of the
    United Nations. It is an international protection mechanism for human rights. It
    arbitrates disputes between states and offers advisory opinions on matters of
    international law, encompassing human rights issues.
  2. Effectiveness: The ICJ has been instrumental in amicably resolving a
    multitude of disputes. Whilst its judgements are legally binding, they often lack
    robust enforcement mechanisms.
  3. Challenges: Jurisdictional limits(states need to consent to be tried),
    enforcement lacunae(not a potent mechanism to implement judgements
    There is also an alleged bias of them being swayed by the worlds major
    actors
21
Q

General Criticisms of Protection Mechanisms of Human Rights

A
  1. Selective Scrutiny: Both national and international bodies face accusations of
    biased focus, often based on political or economic considerations.
  2. Enforcement Dilemma: Many international mechanisms, despite their moral
    clout, lack tangible tools to enforce their mandates.
  3. Sovereignty Sensitivities: Intervention, especially by international bodies,
    often raises hackles, with nations viewing it as an affront to their sovereignty.
  4. Operational Inefficiencies: Protracted bureaucratic processes and
    deliberations can stymie timely action, rendering the pursuit of justice
    painstakingly slow.
22
Q

Ombudsmen(definition, functionality, effectiveness)

A
  1. Definition: An ombudsman is typically an independent office, appointed by the
    state but distanced from the executive government, tasked with addressing
    complaints from the public and promoting the interests of the citizenry against
    maladministration.
  2. Functionality: As intermediaries between the state and the public, they play an
    integral role in nations with a history of human rights violations. They inspect
    government actions, mediate for the public, and investigate claims of rights
    abuses.
  3. Effectiveness: The effectiveness is contingent on their independence,
    authority, and public perception. In some cases, they are essential in bringing
    human rights issues to governmental attention and offering remedies, while in
    others, their effectiveness is limited by political control, inadequate funding,
    and lack of public trust.
23
Q

Monitoring Methods

A
  1. Election monitoring: To ensure the integrity and fairness of electoral
    processes Teams are deployed to observe electoral campaigns, voting
    processes, ballot counting, and results declaration. They assess the election’s
    adherence to national laws and international standards. Their presence can
    deter electoral fraud, enhance public confidence, and encourage
    transparency, although their ability to intervene in electoral processes is
    limited.
  2. Fact Finding missions: These missions gather direct, on-ground facts in
    response to human rights violation reports They require meticulous planning,
    securing testimonies from victims and witnesses, gathering physical evidence,
    and cross-referencing information sources. Missions often face obstacles
    such as restricted access, hostility from local authorities, and the hazards of
    operating in unstable or violent regions. Their findings’ validity can also be
    contested by those with vested interests.
24
Q

General Challenges in Monitoring Human Rights

A
  1. Access and Safety: Physical access to locations, particularly in hostile
    environments like war zones or authoritarian states, remains a major obstacle.
    The safety of human rights monitors in these areas is also a significant
    concern.
  2. Political Interference: State actors may hinder operations through bureaucratic
    obstacles, political pressure, or outright hostility.
  3. Resource Constraints: Extensive funding is required for sustained and
    expansive monitoring, which is often in short supply, leading to limitations in
    scope and the depth of investigations.
  4. Perception and Bias: Monitors must maintain impartiality and manage
    perceptions of bias to retain credibility. However, the subjectivity inherent in
    interpreting human rights norms and the political motivations of different
    actors can affect this.
25
Q

Human Rights Watch in Myanmar(context, activities, achievements and limitations)

A
  1. Context: HRW has been actively reporting on the human rights crisis in
    Myanmar, especially post-2021 military coup.
  2. Activities: Their work includes documenting military abuses, civilian
    casualties, and the displacement of populations.
  3. Achievements and Limitations: HRW’s reports have drawn international
    attention and condemnation, yet the military junta’s unresponsiveness and
    restrictions on media and NGOs limit the impact
26
Q

Amnesty International in Russia(focus, strategies and impacts)

A
  1. Focus: AI has extensively monitored and reported on human rights issues in
    Russia, including freedom of speech, rights of minorities, and political
    dissidence.
  2. Strategies and Impacts: Through public campaigns and detailed reports, AI
    has brought international focus to these issues. However, the Russian
    government’s repressive measures against NGOs and strict control over the
    media hinder effective advocacy within the country.
27
Q

Human Rights Claims: Labour Rights(History, Objectives, case study)

A
  1. History: Post the inhumane working condition ridden industrial revolution,
    formation of the International Labour organisation and more actions have
    been taken out to guarantee better labour rights.
  2. Key objectives: Fair wages, safe working conditions, and reasonable working
    hours: These remain central objectives, seeking to balance power between
    employers and employees. Right to unionise and collective bargaining:
    Empowering workers to negotiate better terms and protect themselves against
    unjust treatment.
  3. Case study: Bangladesh Garment Workers’ Protests (2013): Following the
    Rana Plaza collapse, these protests highlighted the need for safer working
    conditions and fair wages in developing countries.
28
Q

Human Rights Claims: Indigenous land claims(History, Objectives, case study)

A
  1. History: Stemming from colonial practices that dispossessed indigenous
    communities of their lands and rights, leading to long-term marginalisation.
  2. Key objectives: Recognition of traditional lands: Efforts to reclaim and secure
    legal titles to traditional lands. Preservation of indigenous culture: Maintaining
    connections to ancestral lands is critical for cultural heritage and identity.
  3. Case Study: Standing Rock Sioux Tribe vs. Dakota Access Pipeline, USA:
    Highlighted issues of sovereign rights and environmental protection.
29
Q

Human Rights Claims:Gender Equality Movements(History, Objectives, case study)

A
  1. History: Began with a focus on women’s suffrage in the late 19th and early
    20th centuries, progressively expanding to include broader issues of equality
    in employment, education, and societal roles.
  2. Objectives: Combatting gender-based discrimination: Addressing legal and
    societal biases that inhibit gender equality. Promotion of reproductive rights
    and freedom from gender-based violence: Ensuring women have control over
    their bodies and protection from abuse.
  3. Case study: women’s activism in IRan
30
Q

Causes of Human Rights Violations

A
  1. Political Factors: armed conflicts, corruption, authoritarian governments
  2. Economic factors: povery and inequality, globalisation
  3. Social and cultural factors: discrimination, traditional practices(some
    traditional practices, despite being culturally accepted, violate human rights)
31
Q

Child soldiers(Definition and scale, causes, impact, example)

A
  1. Definition and scale: Children under 18 participating in armed forces.
    Thousands are recruited across various continents, especially in Africa and
    parts of Asia.
  2. Causes: poverty and instability, abduction and coercion, ideological
    indoctrination
  3. Impacts: psychological trauma, interrupted education, health issues
  4. Example: Myanmar Human Rights Watch estimated that children
    may account for 35 to 45 percent of new recruits into the
    national army, and 70,000 or more of Myanmar’s estimated
    350,000 soldiers
32
Q

Denial of Prisoner of War’s Rights(context, manifestations and impacts, examples)

A
  1. Context: POWs are entitled to certain rights under the Geneva Conventions,
    such as humane treatment and repatriation after conflict. Violations include
    torture, inhumane treatment, and forced labour.
  2. Manifestations: Physical Abuse: Including torture and deprivation of
    necessities. Psychological Torture: Such as solitary confinement and threats.
  3. Impacts: Long-Term Health Issues: Both mental and physical. International
    Relations: Breaches can lead to diplomatic strains.
  4. Examples: Amnesty International published a report in 2021 that
    shed light on the ongoing human rights violations at
    Guantánamo Bay. The report criticized the detainees’
    inadequate medical care and condemned their indefinite
    imprisonment without fair trials.
32
Q

Gender Discrimination(what it is, areas affected, outcomes, Examples)

A
  1. What it is: Unequal treatment or bias based on gender, affecting all genders
    but predominantly women and gender minorities.
  2. Areas affected: Workplace Discrimination: Pay gaps, career progression.
    Health and Education: Access to services and rights.
  3. Outcomes: Economic Inequality: Limits participation in the economy. Social
    Implications: Perpetuates stereotypes and institutional discrimination.
  4. Examples: Iran and switzerland
33
Q

General Ways to Address Human Rights Violations

A
  1. Legal Frameworks: Enacting and enforcing laws to protect human rights.
  2. Education and Awareness: Promoting understanding and respect for rights.
  3. International Cooperation: Through treaties, trade agreements, and diplomatic
    efforts.
34
Q

Western Liberal Theory on Human Rights(origin, features, impact, criticism)

A
  1. Origin and Influencers: Tracing back to Enlightenment thinkers like John
    Locke, who emphasised natural rights and individual liberties, and John Stuart
    Mill, with his advocacy for personal freedom and liberty against state
    interference.
  2. Key features: Emphasis on individual rights such as freedom of speech,
    religion, and the right to private property. Rights seen as universal, inherent,
    and inalienable.
  3. Impact: These ideas have profoundly shaped international human rights laws
    like the Universal Declaration of Human Rights (UDHR).
  4. Criticisms: Critics argue they fail to consider the social and communal aspects
    of human life, potentially leading to a neglect of collective responsibilities and
    societal welfare.
  5. E.g. the First Amendment of the U.S. Constitution safeguarding freedom of
    speech. The European Convention on Human Rights focusing primarily on
    civil and political rights of individuals.
35
Q

Communitarian and Collective Approaches(origin, features,
contrast with western theories)

A
  1. Origin and Influencers: Rooted in non-Western philosophies and indigenous
    societies, with significant contributions from African Ubuntu philosophy, Asian
    Confucian values, and Native American communal ideologies.
  2. Features: Collective rights, such as rights to cultural preservation, land, and
    self-determination. Emphasis on community, social responsibilities, and
    interdependence.
  3. Contrat with western theories: Collective approaches view rights within the
    context of society and culture, arguing that the wellbeing of the group
    contributes to the wellbeing of individuals. Advocates highlight the need for
    balance between individual liberties and communal harmony.
  4. E.g The African Charter on Human and Peoples’ Rights integrates individual
    and collective rights. Many Asian constitutions incorporate duties towards the
    state and society, reflecting collective ideologies
36
Q

Balancing individual and collective interests

A
  1. Differing Perspectives: The Western focus on individual autonomy is often
    viewed as conflicting with the collective ethos predominant in non-Western
    societies.
  2. Universal vs Contextual Rights: While international instruments like the UDHR
    attempt to universalise rights, they often face challenges in contexts where
    collective rights are prioritised.
  3. Dynamic Interpretations: The emphasis on different types of rights is subject
    to change based on political, economic, and social dynamics within societies,
    reflecting evolving values and historical experiences
36
Q

Potential Examples of Tension and Integration between collective and individual
rights

A
  1. Conflicting Rights: Instances where individual rights (like freedom of speech)
    may clash with collective rights (like maintaining public order or cultural
    values).
  2. Harmonising Approaches: Some nations are increasingly recognising the
    need to integrate both perspectives. Examples include Canada’s reconciliation
    efforts with Indigenous peoples, balancing national interests and Indigenous
    collective rights.
37
Q

Impact of Individual vs. collective rights on global human
rights policies

A
  1. Policy Formulation and Implementation: I The United Nations,
    largely influenced by Western liberalism, adopts an individualistic rights
    approach. However, it increasingly acknowledges the importance of collective
    rights, especially concerning indigenous and minority groups. Additionally
    Many countries mirror these international norms in their laws, but adaptations
    occur based on regional and cultural particularities.
  2. Challenges in enforcement and interpretation as a result of
    collective vs individual rights: inherent conflict, necessity for
    balancing acts in legal systems to balance these rights(most of the
    time just results in predominant cultural ethos being prioritised)
  3. The Role of cultural relativism: This debate significantly impacts how individual and
    collective rights are perceived and applied in different societies. It leads to diverse
    implementation strategies that respect cultural differences while attempting to uphold
    fundamental human rights.
38
Q

Analysis of Universalism(Moral absolutism, pros, cons)

A
  1. Moral Absolutism: Belief in inalienable, indivisible rights that are inherent to all
    humans.
  2. Pros: Provides a stable foundation for international law and human rights
    protection. Promotes equality and nondiscrimination globally.
  3. Cons: May be seen as a form of cultural imperialism, imposing Western
    values on other societies. Could overlook local traditions and practices,
    leading to potential conflicts.
39
Q

Cultural Relativism(contextual morality, pros, cons)

A
  1. Contextual Morality: Views moral values, rights, and ethics as contingent upon
    cultural context.
  2. Pros: Encourages respect and tolerance for diverse cultures and practices.
    Allows more flexibility and adaptability in applying human rights based on
    local customs.
  3. Cons: Risk of justifying abusive practices under the guise of cultural practices.
    Might lead to fragmentation of international human rights standards.
40
Q

Sharia Law(context, universalist critique, relativist defence)

A
  1. Context: A legal system based on Islamic principles and teachings.
  2. Universalist Critique: Argues that certain aspects, such as gender inequality
    and punitive measures, violate universal human rights standards.
  3. Relativist Defence: Emphasises respect for religious freedom and societal
    norms inherent in Islamic countries, viewing these laws as integral to religious
    identity and cultural cohesion.
41
Q

Honour Killings(definition, universalist stance, cultural relativist stance)

A
  1. Definition: Acts, often violent, committed against family members (typically
    women) to protect or defend the perceived honour of the family.
  2. Universalist Perspective: View these practices as unequivocal human rights
    violations, particularly concerning women’s rights and the right to life and
    safety.
  3. Relativist Angle: Some argue that understanding the cultural and social
    context of these practices is crucial, although most relativists still contend that
    such acts are indefensible.
42
Q

Consumer Rights(context, universalist stance, cultural relativist stance)

A
  1. Global Context: Covers issues like product safety, accurate information,
    freedom of choice, and the right to be heard.
  2. Universalist Stance: Advocates for consistent consumer protection standards,
    ensuring fairness and safety worldwide.
  3. Cultural Relativism: Points out that economic, social, and cultural differences
    should inform consumer rights, acknowledging different levels of development
    and consumer practices.
42
Q

Human Rights used as political tools:

A
  1. Strategic usage in international relations: legitimization and critique(e.g States
    or political groups might use human rights rhetoric to legitimise their own
    actions or criticise their adversaries) and selective enforcement(selective
    enforcement and acknowledgement of human rights issues can reflect
    geopolitical interests more than humanitarian concerns)
  2. Domestic Politics: internal discourse control, promotion of national agenda
43
Q

Economic Sanctions and Human Rights(Types, effectiveness)

A
  1. Types: Comprehensive vs. Targeted: Comprehensive sanctions affect entire
    countries, while targeted or “smart” sanctions aim at specific individuals,
    groups, or sectors. Targeted sanctions are increasingly preferred to minimise
    suffering among the general population.
  2. Human Cost: Even targeted sanctions can lead to unintended socio-economic
    hardships, affecting the most vulnerable groups in society.
  3. Effectiveness: Long-Term Impact: The long-term effectiveness of sanctions in
    compelling change is debated. Cases like North Korea demonstrate how
    regimes can resist external pressure over extended periods, often with severe
    humanitarian consequences. Symbolic Value vs. Practical Outcomes:
    Sanctions can be more symbolic, serving to denounce certain actions and
    actors internationally rather than achieving immediate change.
  4. Good Example: Sanctions in Syria a series of economic sanctions
    and restrictions imposed by the European Union, the United
    States, Canada, Australia, Switzerland, mainly as a result of
    the repression of civilians in the Syrian civil war from 2011
    onwards.
44
Q

Challenges in neutrality of Human Rights organisations

A
  1. Funding and Independence: The source of funding for human rights NGOs
    can influence their agendas and focus, raising questions about their neutrality
    and independence.
  2. Perception of Bias: Accusations of geographical or political bias in reporting
    human rights issues can undermine these organisations’ credibility and
    effectiveness.