Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

POLS 3212 > Foundations of HR > Flashcards

Foundations of HR Flashcards

1
Q

Human Rights

A

A claim by someone, on someone, for something essential to human dignity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Binding International Law

A

Legally binding treaties (conventions, covenants) that can be bilateral or multilateral. They can have optional protocols which are added onto treaties after the fact. They have some type of reporting mechanism and the number of states needed to ratify it in the treaty itself.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Treaty Ratification Process

A

Representatives of a state SIGN a convention.
It is then passed to that country’s legislature for RATIFICATION, they must make sure their nation’s laws don’t conflict with the convention’s obligations. The nation will uphold the convention with national laws. Ratified once the required number of states specified in the treaty ratify it.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Customary Law

A

Mid-range law that achieves the binding force of international law over time through custom and practice. Isn’t signed, but upheld through constant and uniform practice. Ex: UDHR (Universal Declaration of Human Rights) & Principle of Diplomatic Immunity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Norm

A

Expectation for an actor with a given identity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Soft Law

A

Norms that do not meet the procedural test of law, but influence policymaking including UN Declarations & Conference Documents. They aren’t ratified, but countries can endorse them. Ex: Declaration on Violence Against Women.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Shame and Blame Game

A

If one state is upset with the actions of another, they may shame them and blame them in various ways.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Universal Declaration of Human Rights

A

First authoritative interpretation of references to HR in UN Charter that has 30 articles. Not a theory of Human Rights. Customary law, without a monitoring body. Includes both negative and positive rights (protections from and entitlements to).

examples of rights:
- political rights (to vote, express political ideologies),
- economic rights (equal access to work, treatment at work, minimum guaranteers for wellbeing for people who cannot work)
- Rights of communities (self-determination)
- NONDISCRIMINATION (common among all three pieces)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

UDHR Article 29

A

Everyone has duties in the community along with their rights. Interconnected. Also, rights are limited for the purpose of securing recognition and respect for the rights and freedoms of others and the requirements of morality, public order, and general welfare. (non-derogable v. derogable rights)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Derogable Rights

A

Can be suspended under some circumstances (public order, public emergency). Ex: property, freedom of movement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Non-Derogable Rights

A

Cannot be suspended under any circumstances. Listed in ICCPR Part II, Article 4:
- Article 6 (Life)
- Article 7 (TORTURE)
- Article 8 (SLAVERY)
- Article 11 (IMPRISONMENT for FAILURE TO MEET CONTRACTUAL OBLIGATIONS)
- Article 15 (NO RETROACTIVE JUSTICE)
- Article 16 (RECOGNITION UNDER THE LAW)
-Right to be recognized legally even without citizenship
- Article 18 (THOUGHT, CONSCIENCE, RELIGION)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

ICCPR

A

International Covenant on Civil and Political Rights (1976)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

ICESCR

A

International Covenant on Economic, Social, and Cultural Rights (1976)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

ICCPR (Def)

A

U.S. Constitution/Bill of Rights is heavily based on this.
- Under context of Cold War, so delay in entry into force.
- Monitored by HR Committee created under a term of the treaty.
- Rights are immediately actionable OR remedies must be in place for shortfalls.
- Nondiscrimination must be guaranteed.
- Article 4 paragraph 2 details non-derogable rights and derogable rights. Derogable can only be suspended in public emergency

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

ICESCR (Def)

A
  • U.S. has not ratified, but many other countries have based parts of their constitutions on it
  • Progressive Realization of rights.
  • States have minimum obligation to ensure nondiscrimination & to use maximum extent of available resources to achieve economic rights
  • International Development Cooperation is essential
  • Nondiscrimination immediately guaranteed
  • No treaty body initially created
    INCLUDES:
  • Article 6: the right to work
  • Article 7: to just and favorable conditions of work
  • Article 8: to trade unions
  • Article 9: to social security
  • Article 11: to an adequate standard of living
  • Article 12: to health
  • Article 13: to education
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Challenges of ICESCR

A

setting “baselines” for fulfillment of economic rights & enforcement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Humanitarian Law

A

Protection of rights in times of war, beginning with the Geneva Conventions which protect:
- wounded sick combatants
- prisoners of war
- civilians in times of war

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

International Criminal Law

Challenge

A

has the challenge of enforcement in absence of an international “police” force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Protect who?

Geneva Conventions

A

protect:
* wounded/sick combatants
* prisoners of war
* civilians in times of war

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Main Challenges of International Law

A

Enforcement & Sovereignty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

UN Charter (1944)

A

First international treaty to explicitly mention human rights (but does not define or specify types of rights to be protected & promoted. This is why the UDHR was created as soft law. Chapter VII specifies UN’s role in addressing “threats to international peace and security.” Threats is continuously evolving. Created Security Council, Secretary General, General Assembly, International Court of Justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Nuremberg Charter (1945)

A

established concept of “crimes against humanity”; example of humanitarian law; precursor to Genocide Convention

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Genocide Convention (1948)

A

Made individuals responsible for prosecution if they try to destroy a national, ethnic, racial, or religious group

24
Q

Security Council

A

Authorized under UN Charter chapter VII to create judicial institutions as needed for promotion of peace and security.
Goal: prosecute individuals who pose a “threat to international peace and security” and act preventatively.
Declares war which can declare a state of humanitarian law.
- archaic, reflecting power balance from founding of UN with P5 (France, US, UK, China, Russia) having veto power. Also rotating members.

25
Q

Special Courts & International Criminal Tribunals

A

Temporary International Humanitarian Law Institutions

26
Q

Truth & Reconciliation Commissions (TRCs)

A

Create a collective record of the past & normally people are granted amnesty if they share information
1980s on
non-judicial mandated, not trials, not created by UN. Created at the national level, unique to the country who sets it up

27
Q

International Criminal Court (ICC)

A

Rome Statute (1998) signed and ratified to join the ICC. 100 members.
Not part of the UN

prosecutes INDIVIDUAL PEOPLE for the following:
1. crimes against humanity, genocide, serious war crimes
2. crimes that occurred within the territory of a (member) State Party
3. Crimes committed by a national of a (member) State Party, wherever the crime took place

-Complimentarity principle: “Court of last resort,” only when national CJ systems unwilling/unable to act
- members can prosecute people from other member states only
- Can only prosecute crimes committed after ICC began operation
- Emergency cases can be referred by the UNSC

28
Q

Genocide

A

Intent to destroy, in whole or part, a national, ethnic, religious, or racial group. (Doesn’t include certain categories like sexual and gender identity. )

29
Q

State

A

An entity with a monopoly on the legitimate use of force in a certain territory

30
Q

Crimes Against Humanity

A

widespread, systematic attacks; not random; include rape, murder, torture

31
Q

War Crimes

Breach what law?

A

Grave breaches of Geneva Conventions (protection of civilians, wounded, & POW)

32
Q

Crimes of Aggression

A

“Aggressive war” (def still under debate)

33
Q

Complimentarity

A

The ICC may only exercise jurisdiction when national legal systems fail to do so, when it is demonstrated that they are unwilling or unable to genuinely carry out proceedings.

34
Q

What is it & what are some challenges?

Transitional Justice

A

Ongoing process in transition from ongoing war -> peace; finding accountability; institutional reform; integral to transition from authoritarianism to democracy

Challenges:
- Balancing peace w justice; stability w punishment
- rejecting impunity
- balancing truth-telling with prosecution
- reconciliation process
- balancing UNSC mandate w/ state’s sovereignty

35
Q

impunity

A

freedom from punishment

36
Q

Protection of HR

A

Protections from harm, protections with negative rights

37
Q

Promotion of HR

A

Entitlements to things, positive rights

38
Q

Progressive Realization of HR

A

Economic Rights are the only ones. Rights realized in coordination with the maximum amount of resources a nation has

39
Q

Secretary General

A

Has to remain above the fray of politics, can only comment generally on crises and situations. Represents all nations. Office rotates; has always been a man

40
Q

General Assembly

A

aka “Parliament of Nations”. All states have 1 vote in the assembly regardless of power and size

41
Q

International Court of Justice

A

settles state-to-state disputes. Part of the United Nations and is interstate. Doesn’t always mean something happens after the ruling.

ex: Nicaragua v. U.S. w/ US making mines on international waters in Nic territory. US didn’t stop after

42
Q

Economic & Social Council (ECOSOC)

A

Receives reports on state enforcement of all treaties

43
Q

HR council

A

replaced old HR commission (couldn’t be called into emergency session, didn’t meet routinely, affected by political motives and lobbying)
2/3 of GA members

44
Q

Treaty monitoring committees

A

Mechanism for monitoring the upholding of a treaty. Only monitor treaty members.

45
Q

High Commissioner for HR

A

“public face” of HR. job is to call out states and centralize human rights implementation

46
Q

HOW does HR Council Investigate HR?

A

Meet 3 times annually minimum. Monitors w special procedures that gather evidence for resolutions 1235 & 1503

47
Q

ECOSOC Res 1235

A

country-level complaints; public debate. Members of HR council that are elected will openly debate country complaints.

incentive for countries to avoid this

48
Q

ECOSOC Res 1503

A

Individual complaints; confidential debate.

Individual experience rep. of wider pattern of abuse brought up as a complaint. Hopefully resolves the issue so it does not escalate to 1235.

Requirements for submission:
- consistent pattern of abuse
- gross HR violations
- supported by evidence
- only submitted in one venue
- must exhaust all domestic remedies first

49
Q

HR Council Special Procedures

A

fact-finding missions: independent experts gather info for 1503 or 1235 procedures

Thematic Mechanisms: investigate problems caused by HR violations on global scale by “Working Groups” or “Special Rapporteurs”

Advisory Services: can offer education, info, and institutional strengthening based on fact finding and thematic mechanisms

50
Q

Working Groups

A

eyes and ears on an issue

51
Q

Special Rapporteurs

A

Have an office for years where they are the point person for that issue and report on it

52
Q

UN Reform Proposed?

A

Revise security council membership. enhance efficiency/coordination across HR institutions

53
Q

International Labour Organization (1919)

A

Oldest UN agency. Tripartite (gov’t, business, and labor represented)
Many multinational corporations have higher GDPs than developing countries
Develops conventions (ie. binding treaty law) on different aspects of labor rights & monitors them.
provides technical assistance

54
Q

ILO Declaration on Fundamental Principles & Rights at Work

Type of Int. law & some rights w/i it

A

SOFT LAW

U.S. has signed, but many employers and lack of inspectors. And rights vary by state. picked and chose which treaties within it to ratify

freedom of association
right to organize
collective bargaining
abolition of forced labor
equality of access and treatment
minimum age

55
Q

Regional HR systems

A

European Court of HR: all EU states are members
Inter-American Court of HR (1979)
African Commission on Human & People’s Rights (1987)

POLS 3212 (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions