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Human Rights > Human Rights > Flashcards

Human Rights Flashcards

1
Q

Define Human Rights

A

Human rights are basic rights and freedoms that belong to all human beings. They are inherent, inalienable, indivisible, and universal.

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2
Q

Define Universal

A

Applicable to all

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3
Q

Define Indivisible

A

All rights are equally important

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4
Q

Define Inalienable

A

Cannot be taken away or given up

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5
Q

Define Inherent

A

They are permanent; you are born with them and they stay with you.

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6
Q

Are Human Rights Recognised? If so, at what type of level?

A

Yes. HR are recognised at an international level through the Charter of the UN 1945 and UDHR 1948.

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7
Q

What are the Three Types of Human Rights?

A
  1. Civil and political (1st gen)
  2. Economic, social, and cultural (2nd gen)
  3. Collective rights (3rd gen)
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8
Q

What are Civil and Political Rights?

A

Class of rights that protect individuals’ freedom from infringement by governments, social organisations, and private individuals.

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9
Q

What are Civil Rights?

A

Rights that enable freedom of expression across a range of issues.

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10
Q

What are Political Rights?

A

The ability to participate in democracy.

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11
Q

What are Economic Rights?

A

Ability to join a trade union and earn an income.

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12
Q

What are Social Rights?

A

To be treated without discrimination in all aspects of society that give security to people in a society as they live and learn together.

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13
Q

What are Cultural Rights?

A

The ability to practice and follow certain beliefs without persecution, assisting in preserving and enjoying one’s cultural heritage.

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14
Q

What are Collective Rights?

A

Rights that belong to a group of people. E.g. self-determination.

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15
Q

What’s the Current Status of Collective Rights?

A

Unclear but some have been partially recognised in the international instruments.

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16
Q

What (5) Historical Documents Led to a Developing Recognition of HR?

A
  1. Magna Carta 1215 and English Common Law
  2. UK Declaration of Rights 1689
  3. US Declaration of Independence 1776
  4. French Declaration of Rights of Man and Citizen 1789
17
Q

What is ‘Soft Law’?

A

Non-binding law

18
Q

What is ‘Hard Law’?

A

Legally binding law e.g. treaties

19
Q

7 main campaigns recognising HR

A

ATSPEED
Abolition of Slavery
Trade Unions
Suffrage
Peace Rights
Environmental Rights
Education
Self-determination

20
Q

What is a Covenant?

A

A binding agreement between states; used synonymously with covenant and treaty.

21
Q

Difference Between Collective Rights and Individual Rights?

A

Collective rights are rights belonging to a group or a people as opposed to an individual right.

22
Q

What is the UDHR?

A

A pivotal document that was adopted to promote peace and prevent future catastrophes.

23
Q

What are were the Four Freedoms?

A

Freedom of speech
Freedom of conscience
Freedom from fear
Freedom from want

24
Q

Why was the UN Charter created?

A

To “reaffirm faith in fundamental HR, in the dignity and worth of the human person”.

25
Q

What did the UDHR do?

A

Set out a catalogue of fundamental rights that belong to all people.

26
Q

Why is the UDHR not Law?

A

The UDHR lacks legal status but has been so widely accepted it is part of international customary law.

27
Q

The ICESCR is an example of:

A

A formal statement of HR.

28
Q

What is the Main Aim of the ICCPR?

A

To protect people from arbitrary use of power by governments.

29
Q

What Complicates the Observance of HR by some Nations?

A

State Sovereignty.

30
Q

Key Rights of Civil and Political Rights:

A

The right to life
Freedom from torture and slavery
Freedom of thought, conscience, and religion
Prohibition on war propaganda and advocacy of racial hatred.

31
Q

When was the ICCPR Adopted and Came into Force?

A

1966 and 1976

32
Q

Is the ICCPR a Hard or Soft Law?

A

Hard Law as it is legally binding.

33
Q

What’s the Main Function of the ICCPR?

A

To protect the actions of oppressive governments.

34
Q

What Makes the ICCPR an Influential Document?

A

Majority of states in the world are parties to the ICCPR.

35
Q

Examples of Economic, Social, and Cultural Rights:

A

To join and form trade union - economic
To an adequate standard of living - economic
Social security - social
Participate in cultural life of the community - cultural
Education
Rest and leisure
To earn income and have favourable work conditions

36
Q

Why is the ICESCR Difficult to Enforce?

A

Divergent views
Article 2(1) - state only needs to undertake steps to realise the rights “to the maximum of it’s available resources”
Reporting obligations and it’s compliance issues

Human Rights (1 decks)

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