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IB Global Politics > CHAPTER 2: HUMAN RIGHTS > Flashcards

CHAPTER 2: HUMAN RIGHTS Flashcards

1
Q

Human Rights

A
  1. human rights are invisible rights which all human beings are entitled to by their humanity without discrimination
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2
Q

Universal Declaration of Human Rights

A
  1. A global consensus on Human rights that follows four key principles
  2. Universal: human rights are inherent to human beings and not dependent on other aspects of identity (such as nationality, age, gender, faith, colour or language, etc.)
  3. Interdependent: successful protection of one human right helps with the protection of others however, the denial of one will act as a barrier to protection of other human rights
  4. Indivisible: all human rights are of equal importance
  5. Inalienable: cannot be taken away from or given away by human beings and everyone is entitled to all of them
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3
Q

Negative Rights

A
  1. Require those in power to step back and let human rights be free from interference
  2. possible regardless of financial constraints
  3. rights might be at risk when governments face a security threat
  4. e.g. freedom from torture and from arbitrary arrest or detention
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4
Q

Progressive realization

A

Not all governments or states in any country will be able to provide such interventions as quickly as others, but they will progressively apply human rights standards.

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4
Q

Positive rights

A
  1. Require positive action by those in power
  2. e.g. Right to free education/judicial systems
  3. Harder for governments in less economically developed countries to protect
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5
Q

Justice

A
  1. it is the concept of fair treatment, usually based on an agreed and accepted set of laws that are applied equally, universally and with the right to a fair trial
  2. For human rights to be properly upheld, there must be a rule of law and the government must be subject to it.
  3. Governments are the most dangerous potential violators of human rights and those in power have the possibility of evading investigation and prosecution
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6
Q

Central features of an effective and fair justice system

A
  1. No one is above the law: especially those in position of power.
  2. The right to a fair trial: the law must be applied and interpreted fairly by independent courts and judges, the law should not be enforced by governments.
  3. Everything are subjected to the same law: applied to all citizens equally, and the law should not be applied inconsistently (with some allowed to escape) e.g. ECHR margin of appreciation
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7
Q

Liberty

A
  1. freedom of individuals to live a life without excessive interference from those in power and to flourish and make the most of opportunities
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8
Q

First-generation rights

A
  1. focus on the civil and political rights that protect individuals’s liberty
  2. These are mainly negative rights
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9
Q

Natural Rights

A
  1. Human rights that are central to what it means to be a human and therefore cannot be taken away e.g. Independent thought
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10
Q

Articles 3 - 21 UDHR core first generation rights

A
  1. Life, liberty and property
  2. Freedom from torture, and cruel and degrading treatment
  3. Freedom of thought, conscience and religion
  4. Equality for everyone before the law
  5. Freedom from arbitrary arrest and detention
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11
Q

Third generation rights

A
  1. are seen to apply primarily to communities at global, international, regional, national and local levels rather than to individuals (cultural and collective rights)
  2. Focus on the protection of the environment, on peace and on development
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12
Q

Second-generation rights

A
  1. Second-generation rights focus on the economic, social and cultural rights
  2. These are mainly positive rights
  3. State has to actively provide public services to deliver rights to every human being
  4. LEDCs may protest that it is not possible due to limited resources (both human and financial)
  5. UN places an obligation of progressive realization (process of achieving) upon states and Considers the resources available and the process the states are making
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13
Q

Articles 22-27 UDHR core second generation rights

A
  1. These include economic, social and cultural rights
  2. Free education to secondary level
  3. Work and to equal pay for equal work
  4. A standard of living adequate to the health and well-being of individuals
  5. Adequate rest and leisure
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14
Q

1972 Stockholm Declaration on the Human environment - Core third generation rights

A
  1. Human beings are entitled to a healthy life in harmony with nature
  2. The concept of sustainable development and interdependence between rights established(particularly with third generation rights)
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15
Q

Human Rights Violations

A
  1. Primary responsibility for protecting human rights lies with nation states
  2. Usually committed against many people
  3. usually systematic
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16
Q

Examples of human rights abuses

A
  1. Human trafficking: human rights violated are the right to freedom of movement, to life, to liberty and security, not to be subjected to torture or cruel treatment
  2. Use of child soldiers: the human rights violated are the right to life; survival and the development, protection of best interest of the child; protection from violence etc.
  3. Female genital mutilation (FGM): human rights violated are the right to life; not to be subjected to torture or degrading treatment
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17
Q

Relationship between the generations

A
  1. Tracking: Provides a mean of tracking how human rights have developed internationally since 1948
  2. Organisation: Clear division between negative civil political rights and positive economic rights

3.Interdependence: Important principle of interdependence that the Universal Declaration emphasizes

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18
Q

European convention on Human Rights - 1950

A
  1. The first regional agreement on human rights
  2. binding legal text, which member states are committed to act in accordance with. But no means of enforcement and states can still ignore decisions if they choose to
  3. Sovereignty may come under pressure if disagreement of legislature
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18
Q

Universal Declaration of Human Rights - 1948

A
  1. First international consensus on human rights
  2. Aspirational document that has influenced binding international covenants, regional conventions and the human rights law of nation states
  3. It is non-binding
  4. Critics of universal approach say it imposes a western viewpoint of human rights
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19
Q

International Covenants on Economic and Social Rights(ICESCR) – 1966

A
  1. First legally binding international human rights laws
  2. Formally Clarified rights set out in the Universal Declaration e.g. prohibition of slavery
  3. Committee on Economic, Social, and Cultural Rights (ICESCR) supervises adherence by reviewing reports and providing recommendations. However there is no true enforcement mechanism.
20
Q

Convention Against Torture and Other Cruel Inhuman and Degrading Treatment - 1984

A
  1. Builds on the previous declaration of human rights by offering specific definitions of torture and responsibilities for preventing it
  2. Prohibits nation states from torturing humans and/pr relying on evidence gained through torture by others
  3. The convention cannot be enforced and states that have signed and ratified the Convention can still carry out torture
21
Q

African Charter on Human and People’s Rights - 1986

A
  1. Provided a process for African Union states to agree on new human rights
  2. Recognizes collective rights, as well as individual rights
  3. Commission does not have any formal enforcement powers
  4. Recommendations are not legally binding on member states
22
Q

Constitution of South Africa - 1997

A
  1. One example of human rights protection at nation-state level
  2. Mirrors closely to the Universal Declaration of Human Rights
  3. Allows for judges to interpret certain rights as having limits
23
Q

Rome Statute

A
  1. Creates an international court for hearing cases relating to breaches of international criminal law, including crimes against humanity
  2. Power to issue arrest warrants and launch special investigation
  3. Countries that have not signed can be investigated or held to the International Criminal Court
24
Q

Codification - Upholding Human Rights(with examples of levels of implementation)

A
  1. Human rights need to be formalized in law
  2. provides legal basis for protection to take place
  3. no guarantee of effective protection
  4. International level (International covenant on Civil and Political Rights)
  5. Regional level (European Convention on Human Rights)
  6. National level (UK Human Rights Act 1998)
25
Q

Protection - Upholding Human Rights

A
  1. Once set out in law, human rights need to be actively protected
  2. Most effective way is for independent court to adjudicate on breaches
  3. National courts are usually the only option for judicial protection
26
Q

Promotions - Upholding Human Rights

A
  1. Human rights also need to be actively promoted
  2. A wide range of groups should campaign for specific human rights
  3. Amnesty International is high-profile promoter of human rights
27
Q

Monitoring - Upholding Human Rights

A
  1. Need to be actively monitored by independent bodies
  2. Ensuring that governments are complying with their own laws
  3. UN Human Rights Control and UN High Commissioner for Human Rights
28
Q

Codification - Challenges in Upholding Human Rights

A
  1. International: no official court to enforce the law
  2. Regional: states omit or modify human rights due to cultural relativism
  3. National: prone to cultural relativism and selective interpretation
29
Q

Protection - Challenges in Upholding Human Rights

A
  1. International: lacks meaningful protection
  2. Regional: decisions of court are frequently disputed or ignored by nation states
  3. National: choose to ignore human rights abuses that it is itself carrying out
30
Q

Promotion - Challenges in Upholding Human Rights

A
  1. International: UN Human Rights Council is criticised for defending its members
  2. Regional: Commission is prone to selective ingestion to promote rights
  3. National: states many abuse human rights and prevent public debate
31
Q

Monitoring - Challenges in Upholding Human Rights

A
  1. International: effectiveness depends on the receptiveness of states to criticism
  2. Regional: states that are in conflict make it unsafe for investigation
  3. National: states who abuse human rights are unlikely to create monitoring agencies
32
Q

A State’s Power and role with Human Rights

A
  1. At the national level, the nation state has considerable power over the effective or ineffective protection of human rights within its own territory
  2. A state with too little internal power will have weak internal sovereignty (Libya) and Will not be able to uphold human rights properly and effectively
  3. States in conflict find little opportunity to uphold human rights
  4. A state with too much internal power may decide to abuse or suspend human rights
  5. Best change for effective protection is when power is in balance. This would involve separation of power between government, parliament and the court
  6. Nation states are most likely or principal violator of human rights. However, they are also the most essential protector of human rights
33
Q

Responsible Sovereignty

A

the idea that states should govern their populations in a way that looks after and respects their population’s best interests, respecting human rights

33
Q

Sanctions

A

official orders or laws stopping trade or communication with another state, as a way of forcing its leaders to make political changes

33
Q

Examples of International community for failing to agree on intervention

A
  1. There was no international intervention to prevent genocide in Darfur, Sudan in 2004, despite the widespread international condemnation for failing to prevent genocide in Rwanda a decade earlier
  2. The Syrian civil war, non-military action was approved by the UN Security Council to deal with chemical weapons. However, widespread human rights abuses committed by government and rebel forces before and since have not been challenged and continue with no impunity
34
Q

Limitations of Sanctions on upholding human rights

A
  1. Sanctions such as these do not produce quick results
  2. May not have much effect on those in power as Nation states may decide to resist the pressure
35
Q

Examples of Governments not putting enough pressure on economically powerful states

A
  1. China’s economic power means that many other governments pursue friendly trade relations with China, at the expense of challenging China’s human rights record
  2. The West’s relationship with oil-rich Saudi Arabia is source of similar accusations
36
Q

Separation of powers

A

a system of government in which there is clear separation between the executive, legislature and judiciary, ensuring that none becomes too powerful and that all are subject to checks and balances

37
Q

Principal Violator

A

most likely to abuse human rights

38
Q

Essential Protector

A

most responsible for protecting human rights

39
Q

The responsibility to protect(R2P)

A
  1. a legal definition of the circumstances under which a state can intervene in another state to protect people at risk of harm
  2. Example: Libya and Syria: The NATO-led intervention in Libya in 2011, ostensibly under the R2P banner, and the contrasting inaction in Syria, exemplify the inconsistency in applying R2P.
  3. Accusations of Misuse: Critics argue that R2P can be, and has been, used as a pretext for military intervention serving the interests of intervening states rather than purely humanitarian objectives.
40
Q

Cultural Relativism

A
  1. the theory, that challenges universalism, that ideas and other norms should reflect cultural practices and traditions, rather than universal principles
  2. Cultural or religious identifies are not compatible with the rights set out in the UDHR
  3. States are guilty of picking and choosing their human rights to suit political circumstances often Failing to challenge outdated cultural, ethnic or religious values
  4. Relativism may be driven both by government policies and at a community level
41
Q

Universalism

A
  1. the idea that rights should be equally applicable to all people or countries, and do not vary according to local cultures or religious beliefs
42
Q

Cultural Relativism - Women’s rights - Saudi Arabia

A
  1. A male guardianship system where women are subjected to different rights to men
  2. Not permitted a passport, marry or travel without the approval of male guardian
  3. were banned from driving and are not allowed to expose parts of their bodies
  4. eventually due to mass media, Saudi king Salman allowed women to drive
43
Q

Cultural Relativism - Female genital mutilation - Egypt

A
  1. This was illegal since 2008
  2. UN estimates that Egypt has the highest rate of FGM in the world
  3. In 2014, 90% of women under 50 have experienced it
  4. Most victims of FGM are aged between 7 and 10 years old
44
Q

Cultural Relativism - LGBT rights - Uganda

A
  1. Passed an Anti-Homosexuality Act in 2013
  2. Increasing prison sentences for same-sex conduct
  3. Criminalizing the ‘promotion of homosexuality’
  4. Law was deemed unconstitutional by Uganda’s Supreme Court in 2015 and government proposed new legislation
45
Q

Politicization

A

when decision-making is affected by political factors

45
Q

UN Human Rights Council Criticisms

A
  1. A disproportionate focus on Israel and specific countries at the expense of other human rights violations
  2. Includes member states whose own human rights records are questionable
  3. Ineffective protector of global human rights
  4. Reluctant to condemn other states for abuses which they are also guilty for
46
Q

Politicizing Human Rights

A
  1. General lack of consistency regarding which state are challenged about their human rights
  2. This lack is a further challenge when it comes to protecting human rights globally
  3. In 2013, the African Union claimed that International Criminal Court are biased (unfairly preferring one person or group over another) against African states
  4. UN Security Council has the power to authorize military action in states that fail protection

IB Global Politics (8 decks)

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