Human rights

Question 1

Define human rights

Answer 1

indivisible, inalienable, inherent, universal

Question 2

UDHR

Answer 2

• soft law
• devised by UN
• divided into 20 articles covering civil and political rights, and economic, social, and cultural rights
• part of international customary law

Question 3

International Covenant of Civil and Political Rights 1976

Answer 3

• “first generations rights”
• established by UN - multilateral treaty
• hard law
• protects rule of law
• e.g. Religion, Right to vote, Fair trial, Right to life, Freedom from torture and slavery, Freedom of thought, conscience and religion

Question 4

Human Rights Committee

Answer 4

monitors compliance to ICCPR every 5 years, can hear complaints brought by one country against another, and individuals against own government.

Question 5

International Covenant of Economic, Social, and Cultural Rights 1976

Answer 5

• “second generation rights”
• established by the UN
• hard law
• E.g. right to education, health, social security, right to join a trade union, right to work

Question 6

Committee on Economic, Social and Cultural Rights

Answer 6

monitors compliance of countries to ICESCR.
- doesn’t hear individual petitions
- has criticised australia for not having a charter of rights

Question 7

what are reservations?

Answer 7

the human rights things countries choose not to follow –> E.g. Australia reserves the right to arbitrary detention of asylum seekers/ terrorists due to national security

Question 8

what makes up the International Bill of Human Rights

Answer 8

UDHR, ICCPR, ICESCR
FOR: it has inspired over 200 different international treaties, conventions.
such as the United Nations Convention on the Rights of the Child 1989, and The Geneva Convention 1949
AGAINST: eurocentric, china don’t believe in HR, international law lacks enforceability

Question 9

state sovereignty

Answer 9

• introduced in Treaty of Westphalia 1648
• enshrined in article 2.7 of UN charter
• SS overridden by Chapter 7 powers of R2P
• is the power of a nation state to govern their internal affairs without external influence

Question 10

state

Answer 10

an independent country, defined territory, permanent population, effective government, state must be recognised by a number of other states

Question 11

weakness of UN?

Answer 11

state sovereignty and veto power:
- syria - vetoes from russia and china
- Zelenskyy states UNSC ‘ineffective’ due to Russian veto - RUSSIA UKRAINE conflict
- Fifty-one UN members countries condemning Chinese government’s crimes against humanity committed against Uyghurs, yet veto.

Question 12

strengths of un?

Answer 12

in matters not political
- rights to clean water, immunisation, disease control → millennium goals - sustainable
- Establishment of UDHR 1948 - twin treaties = ICCPR and ICESCR
- Cases bought to Human Rights Committee
- Human Rights Council established in 2006 = promotes and protects human rights - addresses situations of human rights violations and makes recommendations on them.

Question 13

How does state sovereignty hinder enforcing of HR?

Answer 13

states can:
- ignore international human rights statements
- enact discriminatory laws and engage in repressive practices
- remove existing HR protections
- ignore domestic HR violations
- e.g. China’s treatment of Uighurs NE China Xinjiang - slave like conditions “modern day slavery”

Question 14

How does state sovereignty assist in enforcing HR?

Answer 14

• exercise influence in international forum
• impose sanctions on other states for breaches of HR
• implement domestic laws protecting HR

Question 15

ROLE OF UN - what is it?

Answer 15

• Worlds largest IGO
• Established in 1945 by the Charter of the United Nations
• Maintains peace and security and promotes respect for human rights

Question 16

ROLE OF UN - GA

Answer 16

• 193 members
• main forum for deliberations/discussions
• equal voting power

Question 17

ROLE OF UN - SC

Answer 17

• responsible for international peace and security
• 15 members
• 5 P, 10 NP
• power to send peacekeepers through sc resolutions, economic and diplomatic sanctions, and air and sea blockades, also military intervention. e.g. libya

Question 18

ROLE OF THE UN - ICJ

Answer 18

• Settle disputes between member nations, give advisory opinions on matters of international law
• e.g. Aus v japan 2014, Phillipines v china 2016, gambia v myanmar 2020, ukraine v russia 2022

Question 19

ROLE OF UN - effectiveness

Answer 19

• International Bill of HR promotes HR; have inspired over 200 treaties, declarations, conventions
• ICCPR and ICESCR are binding, enforceable, committee checks compliance
• un summit 2005 brought in R2P
• Libya interventions 2011
• Human Rights Council 2021 and General Assembly in 2022 recognised environmental rights as human rights
• UN Sustainable 17 Development goals, e.g 4 Quality Education 7 Affordable and Clean Energy 13 Climate Action

Question 20

ROLE OF THE UN - ineffectiveness

Answer 20

• state sovereignty (china doesn’t believe in HR)
• time inefficiency - took 28 years and 30+ countries to establish. e.g Singapore, Saudi Arabia have not agreed to be bound by them. as well, individual countries aren’t fulfilling obligations to them
• un summit 2005 didn’t fix veto
• eurocentric

Question 21

ROLE OF INTERGOVERNMENTAL ORGANISATIONS

Answer 21

-purpose is that nation states work with mutual interest
- un is largest igo
- United Nation Human Rights Council (2006) has 47 states elected by UN GA distributed according to regional groups:
—- Promotes and protects human rights globally
—-Addresses situations of HR violations and makes recommendations
—-CANNOT ENFORCE
—–Issue - CHINA is currently a member - issue no respect for HR therefore weakens the HR Council effectiveness

Question 22

THE ROLE OF COURTS - ICJ

Answer 22

cases listed earlier

Question 23

THE ROLE OF COURTS - ICC

Answer 23

• permanent court with jurisdiction to prosecute individuals who commit crimes against the international community
• started in rome statute 2002 with push from the ICRC
• crime must be from crimes committed by member state, or referred by unsc. e.g. syria has not ratified rome statute, assad cannot be arrested
• high costs - annual budget is $185 million
• lack of commitment to it, 70 of 143 un member states parties, and usa russia and china not one.

Question 24

THE ROLE OF COURTS - ICC - cases

Answer 24

Prosecutor v Thomas Lubanga 2012: – child soldiers in the Congo → war crime and breach of additional geneva protocol 1977 → sentenced to 14 years
- Media: “12 years, $1 billion, 2 convictions” → Forbes.com → RESOURCE INEFFICIENCY.
- 2024, only 10 convictions

Prosecutor v Ongwen 2021 - trial commenced in 2016
- Ugandan conflict in 2004 war crimes [conscripting children under the age of 15 as soldiers in 2021- breaches of IHL - 25 years.

Question 25

THE ROLE OF TRIBUNALS - Rwanda

Answer 25

• Established by UNSC in 1994 → resolution 995
• Established for violations of IHL
• Established 800 000 to 100 000 tutsis and moderate hutus were killed from April to July in 1994
• indicted 84 individuals→ 72 completed trials → 62 convictions
• Prosecutor v Akayesu 1998: life, and currently in process of finalising their operations

Question 26

THE ROLE OF TRIBUNALS - YUGOSLAVIA

Answer 26

• dealt with war crimes that took place in former yugoslavia in 1990s
• Established by Security council resolutions 808
• Case: Bosnia genocide.

Question 27

THE ROLE OF TRIBUNALS - effectiveness

Answer 27

• are reactive, can’t stop crimes but can punish offenders for them
• symbolically powerful
• effectiveness depends upon cooperation of states involved

Question 28

THE ROLES OF TRIBUNALS - new one

Answer 28

• european “chemical weapons tribunal” in 2023 for syria
• Washington Post 2023 states ‘’10 years after deadly Sarin attack,survivors still seek justice ‘’ in Syria

Question 29

THE ROLES OF INDEPENDENT STATUTORY AUTHORITIES - human rights commitee

Answer 29

• Monitors compliance of countries fulfilling ICCPR
• Every 5 years periodic report on compliance of the ICCPR = limitation = self reporting
  Has power to:
  —-Hear complaints bought by one country against another
  —-Hear complaints brought by individuals against their own government
• case: toonen v australia 1994 - aus in breach of iccpr with homophobic legislation
• case; Blessington and Elliot v Australia (2014) - life sentence given to 14 year old before croc, aus in breach of ICCPR that prohibits “cruel, inhumane and degrading punishment”. aus rejected finding.

Question 30

THE ROLES OF INDEPENDENT STATUTORY AUTHORITIES - committee on Economic, Social and Cultural Rights

Answer 30

• Monitors compliance of countries fulfilling ICESCR
• Hears complaints bought by one country against another
• case: aus has been criticised that we don’t have charter of rights, treatment of homelessness → 100 000 Australians on any night are homeless, mentally ill.

Question 31

THE ROLES OF NGOS

Answer 31

• organisation that works independently of gov
• agency of chag/reform
• Apply moral pressures for governments to comply with and uphold human rights
• Raise awareness through media campaigns
• promote not enforce

Question 32

ROLES OF NGOS - amnesty international

Answer 32

amnesty international: campaigns for HR
—-exposes violations of HR. e.g prisoner tortured in Syria
—-aus - NT stop more children being locked up #raise the age
—-international: world needs to stand against chinafor ughyr muslims

Question 33

ROLES OF NGOS - Anti-slavery International/Anti Slavery Australia

Answer 33

highlights contemporary slavery. takes various forms, effective implementation of laws against slavery

Question 34

ROLES OF NGOS - International Committee of Red Cross

Answer 34

• ensures humanitarian protection assistance of victims of war, and compliance of rules of war during hostilities = promotes IHL

Question 35

ROLES OF THE MEDIA

Answer 35

• vehicle to influence contemporary human rights issues - highlights needs for reforms and generates a response
• HR watch - provides detailed reports about HR abusesc –> publishes yearly world reports
• may exhibit political biases in reporting of HR issues
• censorship of media
• cannot enforce
• Influence public opinions
• Investigate and report on contemporary human rights issues