Health and Human Rights EQ2 Flashcards
What is the key idea of human rights?
Human rights set out basic principles for moral behaviour that should undermine all human decisions.
They are universal and all people are inherently entitled to have their human rights respected.
There are 30 human rights as written in the Universal Declaration of Human Rights.
What is the Universal Declaration of Human Rights?
How does it protect human rights?
Sets out 30 basic human rights.
Used as a framework of intent of governments and guidance for when economic and military intervention can be taken.
Widely recognised as the correct version of human rights.
Adopted by UN, 48 states have signed to follow the guidelines.
Used as guidance in legally binding laws such as UN Charter.
Criticism of the UDHR
Eight states refused to sign including 4 former USSR states including Russia and its 4 satellite states including Saudi Arabia.
Only guidance, not legally binding meaning articles are unenforceable.
Has been used as an excuse for military intervention, such as Russia invading Ukraine in 2014 to protect ethnic minority groups or USA declaring war on Iraq on the ground of human rights abuses.
What is the European Convention on Human Rights?
A document similar to the UDHR, that came into force in 1953.
Promotes awareness of HR in Europe and is used in the European Court to trial violators.
Governments that have signed are legally binded to certain standards of behaviour to protects the basic rights and freedoms of their people.
Criticism of the ECHR.
Undermines national sovereignty as decisions override national courts.
Britain leaving the EU creates concerns for British Human Rights.
5 frequent violators including Russia, Turkey and Romania.
Rulings take a long time leading to a backlog of cases.
What is the Human Rights Act 1998?
A UK law passed in 1998 based on the ECHR, that allows individual in Britain to go to UK courts for trial people, companies and the government for human rights violations.
Encourages businesses, government and local authorities to treat all people equally and with respect.
The UK court will apply other laws in a way that follows the ECHR,
What is the Geneva convention?
A series of four treaties used at times of armed conflict to protect general civillians.
196 countries have signed up to prevent torture, hostages and degrading behaviour towards civillians. Also protects the rights of charity organisations such as the Red Cross.
Tackles war crimes.
Criticism of the Geneva convention.
USA Guantamalo Bay - avoids punishment from Geneva convention as not based on US soil, many cases of torture and imprisonment without trial.
82% of survey countries admit to torture tactic during war.
Fog of war obscures war crimes, often not identified until afterwards.
Not all war crimes are treated, e.g poor action in Ukraine 2014.
Greater number of asylum seekers and refugees makes the law harder to enforce.
European Court of Human Rights and Abu Hamza.
ECHR prevented the extradiction of Abu Hamza to USA based on his poor mental health and fear of torture in USA would go against his human rights.
Evidence proved him guilty of Yemen kidnapping in 2003
Continued to preach for militant actions in support of terrorist groups form mosque in London.
Was eventually sent to USA in 2012 and found guilty of kidnapping 16 US citizens in Yemen, providing information to ISIS and planning terror attacks.
How does the Human Rights Law undermine British court authority?
1998 Human rights Act – Bolivian immigrant- allowed to stay in UK under HR right to a family and personal life because he had a pet cat after student visa ran out, goes against UK migration laws. 2009.
ECHR - John Hirst, axe killler, used ECHR to claim that preventing all UK prisoners from voting goes against human rights. Compromise made with EC that prisoners under temporary release and following curfew will have the right to vote.
Breaking of Geneva convention
Syrian War in Aleppo frequent war crimes but no action.
Using chlorine gas on civilians.
April 2017 80 civilians were killed during a gas weapon attack in rebel-held territory.
Over 100,000 people have been killed since 2011.
The frequent bombing of civilian areas and hospitals, in December 2016 a hospital was bombed every day in Aleppo.
USA Guantanamo Bay
Located in Cuba so not legally bound to US human right laws.
In January 2022 of 39 prisoners only 9 have been charged of crimes.
Between 2002 and 2021 nine died in custody two from natural causes and seven from suicide.
At peak held 270 prisoners from Afganistan.
Why does violation of human rights vary between governments?
Often based on government style with democratic governments having better human rights protections whilst authoritarian governments often abuse human rights.
Human rights are often invoked in debates and international decision making in order to prioritise economic growth or maintaining power.
North Korea Human Right Violations.
Authoritarian regime
2014 the most corrupt country in the world.
1990s famine killed 2.5 million people, no government help or intervention.
GDP per capita is £1,800
Men are 3 to 8 cm shorter than those in South Korea due to malnutrition.
Dealth Penalty is used for political gain, punishment for promoting media against the government, viewing non-approved foreign media and political dissidence.
US Student Otto Wambier, jailed in North Korea for stealing political propaganda, released after 17 months, died after returning home, believed to be tortured.
South Korea - positive example of human rights
2nd best democracy in Asia.
GDP of $35,000
Spends 5% GDP on education
Ranked 46th on the corruption perception index.
Nike Human right abuses
2/3 of Nike converse factories fail to meet basic standards of working conditions.
2019 reports of woman fired from a Nike factory after taking sick leave.
Nike’s brand in valued at 34 billion dollars.
Vietnam child labour.
Vietnam claims 7,000 people have been trafficked domestically, 80% being women or children.
Reports of children being taken from isolated villages to work in factories for 18 hours a day, only 8 minutes bathroom break.
Since 2005 Blue Dragon has rescued 230 child trafficking victims.
Children are taken to work, male babies sold to China due to one child policy, female babies sold to brothels.
Vietnam economic growth.
2022 Vietnams economy is expected to grow by 5%
Jeffery D.Sachs of Harvard has recongised child labour and poor working conditions as essential to economic growth as industrial conditions in modernisation theory.