class3

Question 1

when did human rights start being talked about?

Answer 1

in the UN declaration

Question 2

what is the law code of hammurabi?

Answer 2

• in ancient babylon
• set up of criminal law (more on prohibition) regarding property rights acknowledgment of property eg. how do we prove property? by studying stones in the land

Question 3

how is ancient greece pertinent in human rights?

Answer 3

• idea of city-states
• idea of democracy (demos)
• constitution established some tights or ideas on HR
• is the historical background for political rights (now 2nd gen rights)

Question 4

what is the Magna Carta?

Answer 4

• 1215 with KIng John’s authority
• not really a human rights declaration but it states a series of limitations imposed on the king regarding the citizens, established some limitations with taxation

Question 5

what is the glorious revolution?

Answer 5

• 1688-1689
• ended with the British bill of Rights although there are a lot of political issues regarding it it was the real first set up of human or civil rights. wasn’t the only document eg bill of the petition

Question 6

what other event is considered important to human rights in ancient history?

Answer 6

Habeas Corpus (1679)

Question 7

name modern state influences to human rights

Answer 7

• US declaration for independence
• French declaration
• Thomas Paine’s “The right of man” first use of human rights and founder of human rights studies
• Benthams objection to natural law (didn’t believe in human rights)
• Marxism with the idea that only true human rights are social rights

Question 8

when and what was the first constitutional wave?

Answer 8

1778-1948:most countries published or legislated their own constitution following the blueprints so the US and French declarations about 80% (internal law)

Question 9

when and what was the second constitutional wave?

Answer 9

1949-1977:80% to 93% some had nothing on human rights and more religious systems that don’t have human rights basic legal documents eg. Iran or in the Emirates like Qatar

Question 10

what are the human rights impositions applicable to all agents

Answer 10

• respect
• protect
• promote
  -fulfill (compliance needs the cooperation of the state, treat treaties as international law)

Question 11

when does a treaty emerge in an international system?

Answer 11

when it is signed

Question 12

what is kelsen’s pyramid?

Answer 12

top to bottom:
constitution, general acts of general law (broad), secondary acts, tertiary acts (specific), rules, others (operation manual, office protocol, how to behave)

Question 13

what are the different generations of human rights?

Answer 13

1: rights and freedom individualism
2: social rights (born with soviet rev and expanded to social. econo and cultural rights eg. healthcare
3: diffused rights (late 60s-70s, type of hr that apply to all of us but no specific way to make individual benefit from it, no specific subjects eg. environmental rights)
4: technological rights (genetics, access to internet, erotic rights (PROBLEM: no clear image of what 4 is)
5: Infrahuman rights (nature rights like animal rights, ecosystems (oranhoutan seen as a person)