EQ2 Flashcards
Define Human Rights
The moral principles that underlie standards of human behaviour. They are commonly understood as inalienable and fundamental rights, “to which a person is inherently entitled to simply because she or he is a human being” regardless of their nation, location, language, religion, ethnic origin or any other status
-universal in the sense of being applicable to anyone, everywhere and they are egalitarian
How did the UDHR come about
- post WW2
- Adopted by the UN general assembly in 1948
- Adopted due to the events of WW2 as well as the rise of communism
Why can people get away with human rights violations
the UDHR is a Declaration not a treaty, meaning its not legally binding
- Although the UDHR is chartered by the UN and all of its members are obligated to recognise and respect them, but they are hard to monitor
- UN can set an investigation for a country suspected of violating human rights however no action can be taken as a result
What group expands on the UDHR (in both meaning and number of rights) as well as enforces them
European Convention on human Rights (ECHR)
How many articles does the UDHR have, what do they include ?
- 30
- no rights are above the other
- include basic civil, social and economic rights
What is the European convention on Human Rights (ECHR)
- Formulated by council of Europe on 1950
- 59 total articles
- officially formed in 1949 as a response to human rights violations of ww2 and the spread of communism
What are the objections to the ECHR
- Some argue that the 1998 ECHR is undemocratic in the sense that it threatens the sovreignty and self determination of the rights of british parliament to make its own laws
- Some say that the 1998 ECHR act makes British Courts are bound by decisions made by the European Court of Human Rights in Strasbourg
Give statistics on the violation of ECHR
In 60% of cases, the UK has been demmed to be in violation in the european court of human rights since 1959. This is not much compared to 83% of all all ECHR judments ruled to be in violation
Describe the situation of human rights in the UK
- Most Britons understand that their human rights are protected by law, this means they cannot be imprisoned without charge, gay is not a crime, no assult of children, employers must respect religous beliefs etc
- E.g. Baha Mouse was arrested in Iraw but being subject to British law as he was in a British army base and hence being subject to the HR
- 1998 HR act can be used by every UK resident despite not necessarily being a citizen. This applies to all residents including prisoners and children
- The European Court of Human Rights alows citizens to defend their rights in court and enforces public and private organisations to treat peoples rights with fairness, dignity and respect
What is the Geneva Convention
International treaties that have been created for war situations in order to protect civilians, medical workers, prisoners etc. It only applies for periods during armed conflicts
Describe the state of the geneva convention from 1864 to 1929
Originated in 1864 but was severly ammended in 1949
- 1906 convention replaced the 1864 which included protection of wounded or captured in battle as well as volunteer agencies and medical personel tasked with treating, transporting and removing the wounded and killed
- After ww1 it was clear the conventions didnt go far enough as a result of the chemical weapons and prisoner torture. They were made to futher the civilized treatment of prisoners of war. Inlduing: prisoners to be treated with compassion and to live in humane conditions -rules for daily lives of prisoners and established the international red cross. Done in 1929
Describe the state of the geneva convention from 1929 to 1949
-1929 Geneva convention did nothing to prevent the horrific acts (not only on battlefield but within nation) of WW2: concentration camps, organsied massacres, human testing etc
In 1949 the conventions were expanded to include non-combat civilian with included rights such as:
-vehicles+ships of non combat civilians and of medical personel
-captured religous leaders must be returned
-torture and testing is forbiden
-prisoners may only be asked of their name, rank and series number when captured
Describe the state of the geneva convention from 1949 to 1977
Geneva protocols of 1977 added to genva conventions of 1949:
-ban of weapons that cause superflous injury or unecessary suffering
-children should be cared for and educated
Since every 160 countries follow the Geneva Conventions
-These conventions are still however being violated e.g. Syria by Saddam hussein and Russian military forces
List For + Against + Conclusion for: “Internation law and international agreements are important for protecting human rights (20 marks) evaluate this statement”
Yes:
-ECHR, 59 articles which some argue threaten british sovreignty -> This fear implies and shows that the ECHR has power to enforce the rules
-UK has been deemed in violation in 60% of cases
-ECHR prevented the UK from passing a law where same sex couples would have a higher age of consent (21) wheras heterosexual couples would have remained at (16) in 1997 under the basis that articles 8 and 14 were in violation
No:
-UDHR:
–Adopted by the UN general assembly, but it is a declaration not treaty and therefor is not legally binding
–Though countries may be investigated but no direct action can be taken as a result
–China is a key example, regularly violates the freedom of press, speech and expression, institutes “re-education” camps (indoctrination), executions and murder of inoccent people etc
-Geneva Conventions:
–Has not been effective, tragic events had to have occured before they were treated
–Did not stop Hitler, the Soviet massacres nor Armenian Genocide
–It has been used in some cases such as war prisoners within Western Countries such as Canada
–The fact it has been ammended implies that some care and respect its articles, supposedly 160 countries obey the convention
–In recent history they have been violated, Chemical weapons Syria used by Russian forces as well as Saddam Hussain
Describe Indias political systems
- Democratic Republic, largest in the world
- Parliamentary system of government with federal system, Individual states have delegated po;itica; power and some autonomy
- Recent election was fought on 5 issues: stalled economy, rising prices, corruption, security, infrastructure
- Constitution since 1950 with 444 articles inluding: freedom of speech and religion, vigorous media and independant judiciary
- President is more ceremonial han official leader, real power lays in lower parliament whose members decide on prime minister