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
What did the UDHR do?
Set out a catalogue of fundamental rights that belong to all people.
26
Why is the UDHR not Law?
The UDHR lacks legal status but has been so widely accepted it is part of international customary law.
27
The ICESCR is an example of:
A formal statement of HR.
28
What is the Main Aim of the ICCPR?
To protect people from arbitrary use of power by governments.
29
What Complicates the Observance of HR by some Nations?
State Sovereignty.
30
Key Rights of Civil and Political Rights:
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
When was the ICCPR Adopted and Came into Force?
1966 and 1976
32
Is the ICCPR a Hard or Soft Law?
Hard Law as it is legally binding.
33
What’s the Main Function of the ICCPR?
To protect the actions of oppressive governments.
34
What Makes the ICCPR an Influential Document?
Majority of states in the world are parties to the ICCPR.
35
Examples of Economic, Social, and Cultural Rights:
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
Why is the ICESCR Difficult to Enforce?
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