Human rights Flashcards
Define human rights
indivisible, inalienable, inherent, universal
UDHR
- 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
International Covenant of Civil and Political Rights 1976
- “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
Human Rights Committee
monitors compliance to ICCPR every 5 years, can hear complaints brought by one country against another, and individuals against own government.
International Covenant of Economic, Social, and Cultural Rights 1976
- “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
Committee on Economic, Social and Cultural Rights
monitors compliance of countries to ICESCR.
- doesn’t hear individual petitions
- has criticised australia for not having a charter of rights
what are reservations?
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
what makes up the International Bill of Human Rights
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
state sovereignty
- 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
state
an independent country, defined territory, permanent population, effective government, state must be recognised by a number of other states
weakness of UN?
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.
strengths of un?
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.
How does state sovereignty hinder enforcing of HR?
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”
How does state sovereignty assist in enforcing HR?
- exercise influence in international forum
- impose sanctions on other states for breaches of HR
- implement domestic laws protecting HR
ROLE OF UN - what is it?
- Worlds largest IGO
- Established in 1945 by the Charter of the United Nations
- Maintains peace and security and promotes respect for human rights
ROLE OF UN - GA
- 193 members
- main forum for deliberations/discussions
- equal voting power
ROLE OF UN - SC
- 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
ROLE OF THE UN - ICJ
- 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
ROLE OF UN - effectiveness
- 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
ROLE OF THE UN - ineffectiveness
- 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
ROLE OF INTERGOVERNMENTAL ORGANISATIONS
-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
THE ROLE OF COURTS - ICJ
cases listed earlier
THE ROLE OF COURTS - ICC
- 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.
THE ROLE OF COURTS - ICC - cases
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.
THE ROLE OF TRIBUNALS - Rwanda
- 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
THE ROLE OF TRIBUNALS - YUGOSLAVIA
- dealt with war crimes that took place in former yugoslavia in 1990s
- Established by Security council resolutions 808
- Case: Bosnia genocide.
THE ROLE OF TRIBUNALS - effectiveness
- are reactive, can’t stop crimes but can punish offenders for them
- symbolically powerful
- effectiveness depends upon cooperation of states involved
THE ROLES OF TRIBUNALS - new one
- european “chemical weapons tribunal” in 2023 for syria
- Washington Post 2023 states ‘’10 years after deadly Sarin attack,survivors still seek justice ‘’ in Syria
THE ROLES OF INDEPENDENT STATUTORY AUTHORITIES - human rights commitee
- 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.
THE ROLES OF INDEPENDENT STATUTORY AUTHORITIES - committee on Economic, Social and Cultural Rights
- 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.
THE ROLES OF NGOS
- 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
ROLES OF NGOS - amnesty international
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
ROLES OF NGOS - Anti-slavery International/Anti Slavery Australia
highlights contemporary slavery. takes various forms, effective implementation of laws against slavery
ROLES OF NGOS - International Committee of Red Cross
- ensures humanitarian protection assistance of victims of war, and compliance of rules of war during hostilities = promotes IHL
ROLES OF THE MEDIA
- 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
