Concepts and Terms Unit 2

Question 1

African Charter on Human and Peoples’ Rights

Answer 1

Also known as the Banjul (Gambia) Charter, it is an international human rights instrument intended to promote and protect human rights and basic freedoms in the African continent. It emerged under the support of the Organization of African Unity (since replaced by the African Union) which adopted a resolution in 1979 calling for the creation of a committee of experts to draft a continent-wide human rights instrument, similar to those that already existed in Europe (European Convention on Human Rights) and the Americas (American Convention on Human Rights). The African Charter on Human and Peoples’ Rights came into effect in 1986.

Question 2

African Commission for Human and People’s Rights

Answer 2

The Commission is responsible for the oversight and interpretation of the African Charter on Human and Peoples’ Rights. A protocol to the Charter was subsequently adopted in 1998, whereby an African Court on Human and Peoples’ Rights was to be created. In July 2004, the AU Assembly decided that the ACHPR would be incorporated into the African Court of Justice. The relationship between the newly created Court and the Commission is yet to be determined. As of 2013, 53 states have ratified the Charter (every AU member state except South Sudan).

Question 3

Amnesty International

Answer 3

Non-governmental organisation formed in 1961 that campaigns for human rights and has approximately ten million members worldwide and is headquartered in the UK.

Question 4

Apartheid

Answer 4

A crime against humanity. Apartheid in South Africa refers to a policy or system of segregation or discrimination on grounds of race under the all-white rule of Africa. This system of institutionalized racial segregation and discrimination existed in South Africa between 1948 and 1991.

Question 5

Asylum

Answer 5

Protection from political persecution granted by a state to an individual from another state. Within the international community, asylum-seekers are those who have applied for protection as a refugee but are still awaiting confirmation of their status.

Question 6

Cairo Declaration on Human Rights in Islam

Answer 6

The Organization of the Islamic Conference (OIC) issued the Cairo Declaration in 1990 , asserting that “fundamental rights and universal freedoms in Islam are an integral part” of Islam. Rule 24 holds that all rights and freedoms stipulated in the declaration are subject to Islamic (shariah) law.

Due to their Divine origin, no ruler, government, assembly or authority can curtail or violate in any way the human rights conferred by God, nor can they be surrendered. This Declaration of Human Rights is the second fundamental document proclaimed by the Islamic Council to mark the beginning of the 15th Century of the Islamic era, the first being the Universal Islamic Declaration announced at the International Conference on The Prophet Muhammad (peace and blessings be upon him) and his Message, held in London from 12 to 15 April 1980. The Universal Islamic Declaration of Human Rights is based on the Qur’an and the Sunnah and has been compiled by eminent Muslim scholars, jurists and representatives of Islamic movements and thought.

Question 7

Codification

Answer 7

To arrange and label a system of laws (i.e., write them down). To transfer ideas into laws. For example, a treaty is signed by an authorized person (i.e., a Foreign Minister of country agrees to join a defense organization) and then treaty provisions are later written (codified) into laws for the respective country and passed by the national legislature. All of the treaty provisions can be agreed to (codified) or just some of the provisions can become domestic law.

Codification is the process of bringing together a legal act (or several related acts) and all its amendments into a single new act.

Question 8

Convention against Torture and other Cruel, Inhuman and Degrading treatment (1984)

Answer 8

A human rights treaty which builds on the UDHR and the ICPRC (International child protection and rights consortium). It offers specific definitions of torture and the responsibilities for preventing torture. There are 16 articles available on the website.

Question 9

Convention on the Rights of the Child (1989)

Answer 9

A human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The convention defines a child as any human being under the age of eighteen. There are currently 195 countries that have ratified the convention, and their compliance is monitored by the UN Committee on the Rights of the Child. There are 54 articles.

Question 10

Crimes Against Humanity

Answer 10

Defined as widespread or systematic murder, extermination, enslavement, deportation, and other inhumane acts intentionally committed against civilian populations, before or during the war; or persecutions on political, racial or religious grounds in execution of or in connection with any crime.

Question 11

Cultural Relativism

Answer 11

The principle that an individual person’s beliefs and activities should be understood by others in terms of that individual’s own culture; an argument against the universality of human rights.

Question 12

Customary International Law

Answer 12

Law that becomes binding on states although it is not written, but rather adhered to out of custom. Thus it is a practice that is so long established and widely accepted that it has come to have the force of law.

Question 13

United Nations Economic and Social Council (ECOSOC)

Answer 13

The United Nations Economic and Social Council is responsible for promoting higher standards of living, full employment, and economic and social progress; identifying solutions to international economic, social and health problems; facilitating international cultural and educational cooperation; encouraging universal respect on human rights and fundamental freedoms.

Question 14

Equality

Answer 14

Egalitarian theories are based on a concept of equality that all people, or groups of people, are seen as having the same intrinsic value. Equality is therefore closely linked to justice and fairness, as egalitarians argue that justice can only exist if there is equality. Increasingly, with growing polarization within societies, equality is also linked to liberty, as different people have differing possibilities to be free and autonomous.

Question 15

European Convention on Human Rights (1950 and effective as of 1953)

Answer 15

The first regional agreement on human rights. A binding legal texts, which member states of the Council of Europe (A humanitarian council founded 1949 with 44 member states) are committed to act in accordance with.

Question 16

European Court of Human Rights

Answer 16

Regional court which upholds the European Convention on Human Rights, established in 1959. The European Court of Human Rights acts as the final court of appeal of last resort once European citizens have exhausted their own state’s legal process.

Question 17

First Generation Human Rights

Answer 17

Focus on the civil and political rights that protect individuals’ liberty from the state. They are predominantly negative rights. Civil rights are rights that belong to a citizen by virtue of being a citizen of particular country, including protection from racial discrimination. Political rights are rights that allow citizens to participate in politics, for example by voting and having the freedom to demonstrate and join political parties.

First-generation rights include, among other things, the right to life, equality before the law, freedom of speech, freedom of religion, property rights, the right to a fair trial, and voting rights.

Question 18

Genocide

Answer 18

Violent crimes committed against groups with the intent to destroy the existence of the group. It was coined and first used in 1944 by Polish lawyer Raphael Lemkin, who documented Nazi policies of systematically destroying national and ethnic groups, including the mass murder of European Jews. More modern examples include the Sudanese government’s policies against Darfuri civilians (2003), violence from the Hutus against the Tutsi minority in Rwanda (1994) and the Yazidi genocide by ISIL (2014-2017).

Question 19

Humanitarian Intervention

Answer 19

A state’s use of military force against another state when the chief publicly declared aim of that military action is ending human-rights violations being perpetrated by the state against which it is directed. This often involves a state carrying out its own political interests and necessitates and infringement on another state’s sovereignty. However, this can serve to uphold and protect human rights in corrupt states. Examples include Operation Iraqi Liberation (2003) and UN involvement in Somalia (Apr 1992- Dec 1992, Mar 1993-1995).

Question 20

Human Rights

Answer 20

Human rights are basic claims and entitlements that one possesses simply by virtue of being a human being. Many contemporary thinkers argue they are essential for living a life of dignity, are inalienable, and should be accepted as universal. These rights do not have boundaries of sex, gender or nationality, and can be claimed individually or in groups. The Universal Declaration of Human Rights adopted by the UN in 1948 is recognized as the beginning of the formal discussion of human rights around the world. Critics argue that human rights are a Western, or at least culturally relative, concept. Human rights are universal legal guarantees protecting individuals and groups against actions by governments that interfere with fundamental freedoms and human dignity. Human rights law obliges governments to do some things and prevents them from doing others. The following are some of the most frequently cited characteristics of human rights:
1) Internationally guaranteed
2) Legally protected
3) Focus on the dignity of the human being
4) Protect individuals and groups
5) Oblige States and State actors
6) Cannot be waived or taken away
7) Equal and interdependent
8) Universal.

Question 21

Human Rights Watch

Answer 21

A non-governmental organization based out of New York that conducts research and advocacy on human rights. Human Rights Watch and Amnesty International are the only two Western-oriented international human rights organizations operating in most situations of severe oppression or abuse worldwide.

Question 22

Inalienable

Answer 22

Closely related to the concept of indivisibility, human rights are considered to be inalienable. This means that they cannot be taken away from (or given away by) human beings, and all human beings are entitled to the full package of rights.

Question 23

Indivisible

Answer 23

Indivisibility means that all human rights are of equal importance and cannot be arranged into a hierarchy. All human rights must be protected for all human beings. Governments are not permitted to pick and choose some rights over others and may not decide that some rights to not apply to certain individuals or groups. For example, freedom of religions cannot be said to be unimportant and not applied. Human rights in the Universal Declaration come as a full package, to be protected equally.

Question 24

Interdependent

Answer 24

Human rights are said to be interdependent because successful protection of one human right helps with the protection of others. Similarly, the denial of one human right will act as a barrier to the effective protection of other human rights. For example, a strong judicial system is likely to universally protect the right to a fair and effective hearing. This then protects other rights, such as freedom from arbitrary detention and arrest. If a government allows arbitrary detention (for example in case of terrorist suspects) the following rights are at risk: human right to freedom from arbitrary detention; equality before the law; right to a fair and effective hearing.

Question 25

Internally Displaced People

Answer 25

People forced to move from their home who are still located within the state (as opposed to refugees who have crossed the border into another state). Armed conflict, natural disasters, famine, development and economic changes may all be causes of displacement. There were a reported 38 million IDP by the end of 2014, with 2.2M in Iraq and 7.6M in Syria (40% of its population).

Question 26

International Convention on the Elimination of All Forms of Discrimination Against Women (1979)

Answer 26

Adopted in 1979 by the UN General Assembly, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination. It aims to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women; to establish tribunals and other public institutions to ensure the effective protection of women against discrimination; to ensure elimination of all acts of discrimination against women by persons, organizations or enterprises. It is the only human rights treaty which affirms the reproductive rights of women and targets culture and tradition as influential forces shaping gender roles and family relations.

Question 27

International Convention on the Elimination of All Forms of Racial Discrimination (1965)

Answer 27

A convention signed by the UN General Assembly which focuses on eliminating racial discrimination, including outlawing hate speech.

Question 28

International Court of Justice (ICJ)

Answer 28

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations. Its role is to settle, in accordance with international law, legal disputes submitted to it by states and to give advisory opinions on legal questions. It is sometimes known as the World Court.

Question 29

International Covenant on Civil and Political Rights - 1966 (ICCPR)

Answer 29

A multilateral treaty adopted by the United Nations General Assembly in 1966 that commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. Currently, it has 74 signatories and 168 parties. It is part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights(UDHR). The ICCPR is monitored by the United Nations Human Rights Committee.

Question 30

International Covenant on Economic, Social and Cultural Rights - 1966 ​(ICESCR)

Answer 30

A multilateral treaty adopted by the United Nations General Assembly in 1966 that commits its parties to work toward the granting of economic, social, and cultural rights to the Non-Self-Governing and Trust Territories and individuals, including labour rights and the right to health, the right to education, and the right to an adequate standard of living. As of 2015, the Covenant has 164 parties. The Covenant is monitored by the UN Committee on Economic, Social and Cultural Rights.

Question 31

International Criminal Court (ICC)

Answer 31

An international tribunal formed in 2002 for the prosecution of crimes against humanity. Headquartered in The Hague, the ICC is not affiliated with the United Nations. The ICC came into effect as a result of the Rome Statute (1998). Currently 123 states have ratified the Rome Statute and are therefore members of the ICC. Countries that have not ratified the Rome Statute and therefore are not accountable to the ICC
include China, Israel, USA, Kuwait, India, Indonesia, Iraq and Pakistan. The ICC has been accused of disproportionately targeting Africans for prosecution.

Question 32

International Humanitarian Law

Answer 32

A set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. It does not regulate whether a state may actually use force; this is governed by an important, but distinct, part of international law set out in the United Nations Charter.

It requires, among other things:
→ the rapid and unimpeded passage for humanitarian aid during armed conflicts
→ the freedom of movement for humanitarian workers in conflict areas
→ the protection of civilians (including medical and humanitarian workers)
→ the protection of refugees, prisoners, and the wounded and sick.

Question 33

Justice

Answer 33

There are a number of different interpretations of the concept of justice. It is often closely associated with the idea of fairness and with individuals getting what they deserve, although what is meant by deserve is also contested. One avenue is to approach justice through the idea of rights, and what individuals can legitimately expect of one another or of their government. Some theorists also argue that equality not only in the institutions and procedures of a society but also in capabilities or well-being outcomes is required for justice to be realized.

Question 34

Liberty

Answer 34

The concept of liberty refers to having freedom and autonomy. It is often divided into positive and negative liberty, with negative liberty defined as individuals having the freedom from external coercion and positive liberty defined as individuals having the autonomy to carry out their own rational will. Some scholars reject this distinction and argue that in practice, one form of liberty cannot exist without the other. It is also questioned if such an understanding of liberty is sufficient for an interdependent world, in which the seeming freedom and autonomy of some may depend on lack of some forms of liberty for others. Hence, debates on equality inform our understanding of liberty as well.

Question 35

Negative Rights

Answer 35

Rights that do not require intervention by an outside agency. These include the right to live, the absence of torture, community control of the community and the individuals who live with them and self- determination. These rights are most often applied to liberty rights. Rights considered negative rights may include civil and political rights such as freedom of speech, life, private property, freedom from violent crime, freedom of religion, habeas corpus, a fair trial, freedom from slavery.

Restricts Government from interfering with your rights.

Question 36

Positive Rights

Answer 36

Referring to rights that are protected by authority, both local and global, and include goods and services that allow people to survive, such as education, protection from harm, places to live and care. The “positive” in positive rights refers to the fact that to satisfy these rights, other people must provide them. They require action from others, instead of inaction. A “right” to health care is such a right.

Rights that the government has to provide you with like education and healthcare.

Question 37

Progressive Realization

Answer 37

The United Nations places an obligation of progressive realization (the process of achieving something) upon states with respect to second-generation rights. This means that the UN recognizes that realization of these rights can be hampered by a lack of resources and can be achieved only over a period of time. Consequently, states’ compliance with second-generation rights takes into account the resources available and the progress that states are making towards full protection of the rights.

Question 38

Refugees

Answer 38

People who have been forced to leave their country in order to escape war, persecution, or natural disaster. According to the UNHCR: “Refugees are people fleeing conflict or persecution. They are defined and protected in international law, and must not be expelled or returned to situations where their life and freedom are at risk.”

Question 39

Responsibility To Protect

Answer 39

The expression “responsibility to protect” was first presented in the report of the International Commission on Intervention and State Sovereignty (ICISS), set up by the Canadian government in December 2001. The Commission had been formed in response to Kofi Annan’s question of when the international community must intervene for humanitarian purposes. Its report, “The Responsibility to Protect”, found that sovereignty not only gave a State the right to “control” its affairs, it also conferred on the State primary “responsibility” for
protecting the people within its borders. It proposed that when a state fails to protect its people - either through lack of ability or a lack of willingness - that responsibility shifts to the broader international community.

Question 40

Rome Statue (1998)

Answer 40

The treaty that established the ICC. It was adopted in 1998 and entered into force in 2002. As of 2013, 122 states will be party to the statute. Among other things, the statute establishes the court’s functions, jurisdiction and structure. The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes and the crime of aggression. Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are “unable” or “unwilling” to do so themselves. The court has jurisdiction over crimes only if they are committed in the territory of a State party or if they are committed by a national of a State party; an exception is that ICC may also have jurisdiction over crimes if the UN Security Council authorizes its jurisdiction.

Question 41

Second Generation Human Rights

Answer 41

Based on the principles of social justice and public obligation these rights seek to provide protection for humanity’s neediest people by providing relief to the less fortunate. They can be classified as “social” or “economic” rights and include such rights as the right to just and favorable conditions of work, the right to equal work for equal pay, the right to rest and leisure as an employee, the right to reasonable limitation of working hours and periodic paid holidays and the right to free elementary education.

Question 42

Social Contract

Answer 42

Social contract theory says that people live together in society in accordance with an agreement that establishes moral and political rules of behavior. Some people believe that if we live according to a social contract, we can live morally by our own choice and not because a divine being requires it.

Social contracts can be explicit, such as laws, or implicit, such as raising one’s hand in class to speak. The U.S. Constitution is often cited as an explicit example of part of America’s social contract. It sets out what the government can and cannot do. People who choose to live in America agree to be governed by the moral and political obligations outlined in the Constitution’s social contract.

Question 43

Stateless persons

Answer 43

Someone who is not considered as a national by any state under the operation of its law.

Question 44

Third Generation Human Rights

Answer 44

Whereas the first and second generation embraced individual centred approaches to understanding the evolution of Human Rights, the third generation employed the collective one. Third generation rights have shifted focus from individual persons (first generation rights) and communities in which they live (social, economic and cultural rights), to the natural world, i.e., the right to a clean and healthy environment, and the right to species biodiversity. These rights recognize that people have the right to live in a safe and healthy environment and that groups of people have the right to cultural, political and economic development.

The specific rights that are most commonly included within the category of third generation rights are the rights to development, to peace, to a healthy environment, to share in the exploitation of the common heritage of mankind, to communication and humanitarian assistance.

Question 45

Differences between generations of humans rights

Answer 45

The first generation of human rights had focused on the civil and political rights, and the second generation emphasised on the socio, economic and cultural rights, and the third generation proclaimed the collective and solidarist (unity based on common interests) rights.

Question 46

UN Convention Against Transnational Organized Crime: Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children (2000)

Answer 46

Protocol adopted by the UN General Assembly in 2000 which has since been signed by 170 parties. The protocol commits ratifying states to prevent and combat trafficking in persons, protecting and assisting victims of trafficking and promoting cooperation among states in order to meet those objectives.

Question 47

UN High Commissioner for Human Rights

Answer 47

Appointed official of the United Nations who leads efforts to uphold international human rights.

Question 48

UN Human Rights Council

Answer 48

Part of the United Nations responsible for monitoring and upholding international human rights established in 2006. It replaced the UN Commision of Human Rights which was repeatedly criticized for the composition of its membership. In particular, several member countries themselves had dubious human rights records, including States who had been elected to chair the commission.

The Human Rights Council is an inter-governmental body within the United Nations system made up of 47 States (elected every 3 years) responsible for the promotion and protection of all human rights around the globe.

Question 49

Universal

Answer 49

A universal feature or characteristic – something that everyone has or should have access to in equal parts. In terms of HR, the principle that rights should be available to all, according to need, and not restricted by individual ability to pay or socioeconomic circumstances in society.

Question 50

Universal Declaration of Human Rights

Answer 50

Commonly seen as a form of customary international law, the declaration was issued in 1948 and is often used as a tool to apply diplomatic and moral pressure to governments. It consists of 31 articles outlining the principles of human rights but is not a legally binding treaty. The Declaration challenged states’ exclusive jurisdiction over their own citizens and weakened the principle of non-interference in domestic affairs.

Question 51

War Crimes

Answer 51

Inhumane acts against civilians who are not enemy nationals. Examples include willful killing, torture or inhuman treatment, and the wanton destruction (Deliberate and unprovoked destruction) and appropriation of property not justified by military necessity.