Health, Human Rights and Intervention Flashcards
What is the ECHR?
-The European Convention on Human Rights.
-It is to help prevent conflict and integrated into the UK by the Human Rights Act in 1998.
-It is controversial as it can be seen as erosion of national sovereignty.
What doe the ECHR do?
-The European Convention on Human Rights.
-It was written by the Council of Europe (an organisation with aims of upholding human rights, democracy and rule of law in Europe) and adopted by its 47 member states.
-Pre-dates the founding of the EU in 1957.
-Established European Court of Human Rights to uphold the ECHR and bring people or organisations abusing human rights to trial and justice.
What was the ECHR specifically set up to do?
To prevent conflict in Europe and the sort of atrocities committed during the World Wars.
How is the ECHR different to the UCDR?
The UDHR is a document that defines what the basic set of internationally recognised human rights are, while the ECHR is an international treaty under which its signatories agree to abide by its requirements.
But they have similar aims and refer to similar rights.
How does the Human Rights Act 1998 work in the UK?
The Human Rights Act 1998 took the rights enshrined in the ECHR and made them part of the UK law. This makes it easier for citizens to have their human rights upheld in the UK, rather than having to take the UK government to court at the European Court of Human Rights in Strasbourg.
Why are the UDHR and ECHR controversial?
They are controversial to some people because of their impact on sovereignty (idea that a country’s government determine the laws and policies in that country and no higher authority has supreme power).
-By signing international human rights treaties, sovereign states could be seen to be handing authority on human rights issues to a higher legal body (UN).
-In the case of the ECHR, the European Council of Human Rights in Strasbourg has a higher legal power to make judgements than national courts.
Why have some criticised the concept of ‘Human Rights’?
It could be seen as western, it was put into place after WW2 by European and North American politicians and thinkers.
They argue that this western concept of human rights does not apply easily to Islamic or Asian cultures, which have different histories and traditions.
Are certain Human Rights Universal?
Different cultures may take a different view of gender equality, or treat some crimes more/less seriously than other cultures.
What is the Geneva Convention(s)?
It forms a basis in international law for prosecuting and individuals and organisations who commit war crimes and is endorsed by 196 countries; however few cases come to trial.
How many countries continue to engage in torture (Geneva convention)?
Over 150.
What does International Law Govern during Wartime?
The Geneva Conventions covers the ‘rules of war’ (acceptable conduct during one) in the following ways:
-wounded and sick soldiers should be evacuated from the field of battle and given medical treatment, even by the enemy side.
-prisoners should be well treated, not used for forced labour and hostages should not be taken.
-civilians should be protected in areas that have been conquered.
What War Crimes did the Geneva Convention help define?
Torture, rape, genocide, child soldiers, bombing civilians, chemical weapons.
What happens to those Accused of War Crimes?
They can be tried at the International Criminal Court (ICC) in The Hague, The Netherlands, set up in 2002.
Is Recognition of the ICC Universal?
It is widespread by sovereign states (123 signatories) but not universal (the USA, China, Russia, India etc).
What are the Difficulties with the ICC?
-International cooperation to bring war criminals to trial can be hard to achieve as not all states agree with it.
-War criminals have to be captured and then brought to the Hague: those accused often attempt to avoid this at all costs.
-Gathering evidence of war crimes during a war is very difficult.
The ICC has investigated how many crimes linked to War since 2002?
11
The ICC has accused how many individuals since 2022?
42 individuals.
How many of the Individuals had arrest warrant issued against them?
34 have had arrest warrants issued against them.
How many criminals have been Convicted at the ICC?
As of 2018, 5 criminals.
What are the Key issues with the Geneva Convention, human rights law and the ICC?
Many sovereign states still engage in actions that are banned by the treaties and agreements that have signed:
- Amnesty international estimates that 140 sovereign states use torture.
-Around 25 countries still use chemical weapons.
-The USA has attempted regime change in over 30 countries since 1945, and many of these can be questioned under international law.
-Most sovereign states consider Russia’s invasion and annexation of parts of Georgia and Ukraine illegal under international law.
Which Countries are at the forefront of human rights?
All Scandinavian countries, the Netherlands, France, the UK, and Canada, among others.
Which countries are ranked ‘free’ using the Freedom House, ‘Freedom in the World Index’?
All Scandinavian countries, the Netherlands, France, the UK, and Canada, among others.
These are usually the first countries to ‘call out’ human rights abuses.
Which Countries are Historically Neutral countries?
Sweden, Finland, Norway, Austria, Ireland and Switzerland.
