Human Rights Flashcards
Define HUMAN RIGHTS
Human rights are rights to which people are entitled by virtue of being human; they
are a modern and secular version of ‘natural’ rights, which were believed to be God-given. Human rights are therefore universal, fundamental, indivisible and absolute.
Define the UDHR
The Universal Declaration of Human Rights is a document that sets out fundamental human rights that are universally protected. Developed by the UN General Assembly in December 1948.
Has a strong emphasis on political rights.
Define the HUMAN RIGHTS COUNCIL
The Human Rights Council is a UN body with 47 member states that replaced the UN Human Rights Commission in 2006. It addresses situations of human rights violations but has no authority other than to make recommendations to the General Assembly which, in turn, can only advise the Security Council.
Define NGOs
Non-governmental organisations are private, non-commercial groups that seek to achieve their ends by using non-violent means. They play a prominent role in the human rights regime by serving as a ‘bridge’ between global or regional organisations and efforts to promote human rights on the ground.
EXAMPLE: Over 1,500 NGOs participated in the UN Conference on Human Rights in Vienna, 1993.
Define the ECHR
The European Convention of Human Rights was developed in 1950 under the auspices of the Council of Europe and is based on the UDHR. The protection of human rights is generally seen to be most advanced in Europe due to the widespread acceptance, and status, of the European Convention on Human Rights. It has a compliance rate of over 90%.
Define NEGATIVE RIGHTS
Negative rights are rights that are enjoyed by virtue of the inactivity of others, particularly governments. Often a ‘freedom from…’
Define POSITIVE RIGHTS
Positive rights are rights that can only be enjoyed through positive intervention on the part of government. Often linked to the idea of ‘freedom to’.
Define POLITICAL RIGHTS
Political rights are rights strongly associated with liberal individualism . They are often viewed as ‘negative rights’ in the sense that they imply restrictions or constraints on government power.
Also knows as ‘first generation rights’.
EXAMPLES: the right to life, freedom of speech, freedom of assembly, freedom of association.
Define SOCIO-ECONOMIC RIGHTS
Socio-economic rights are rights based on socialist philosphy that are designed to protect people from poverty and economic injustice. They are ‘positive rights’ in the sense that they require government intervention rather than its constraint.
Also known as ‘second generation rights’.
Often, they require the materials and resources that most states do not possess.
EXAMPLES: the right to social security, the right to education and the right to work.
Define SOLIDARITY RIGHTS
Solidarity rights are rights that help particular groups protect their identities, interests or culture. They aim to protect national minorities and victims of neo-colonialism.
Also known as ‘third generation rights’.
EXAMPLE: Native Americans living in Canada are granted special hunting, fishing and gathering rights that other Canadians do not enjoy.
Define INDIVIDUALISM
Individualism is the belief in the supreme importance of the individual over any social group or collective body
What are the implications of human rights on global politics?
- Undermines state sovereignty and a state’s right to do as they please
- Implies an obligation to intervene in other states if human rights abuses occur
- Strengthens regional and global governance
How does the UN try to promote human rights?
- Universal Declaration of Human Rights
- UN Human Rights Council. Has 47 member states who are committed to the promotion and protection of international human rights.
- UN High Commissioner for Human Rights who promotes worldwide respect for human rights.
How do NGOs aim to promote human rights?
- Work directly in the field to prevent suffering as well as campaigning on behalf of those they treat
EXAMPLES: Oxfam, Amnesty International, Red Cross - Exert pressure by gaining media coverage
EXAMPLE: over 1500 NGOs attended the UN Conference on Human Rights in Vienna in 1993.
Why have socioeconomic rights been criticised?
- It is unclear who is responsible to uphold them
- Their maintenance requires resources that most states don’t have
- They may encourage a national dependency culture, where citizens overly rely on their governments
- The delivery of socioeconomic right may prevent people accessing political rights.
Why have solidarity rights been criticised?
- They are too vague
- It is controversial that they assume that human rights can belong to groups as opposed to individuals
- They suggest that people, even within the same political entity, enjoy different rights
Why do states pay attention to human rights?
- Domestic tradition already exists
- External expression of basic liberal values
- Encourages common norms between states (now seen as one of the key conditions for membership of the international community)
- Expediency - states may make cynical use of human rights agenda as a cloak for promoting self interest.
Why is it difficult to prevent human rights abuses?
- State sovereignty
- Weaknesses of international law and NGO power
- Failed states and civil wars - human rights fail to exist when states collapse e.g. in Iraq
What are the sources of human rights?
- UDHR (1948)
- Magna Carta (1215)
- Cyrus’ Cylinder (539 BC) - first records of human rights
- British Bill of Rights (1689)
- ECHR (1950)
What are some examples of terrorist attacks from 2001 onward?
- 9/11 attacks in the USA in 2001 (3000 dead)
- 7/7 bombings in London in 2005 (52 dead)
- Manchester Arena attack in May 2017 (22 dead)
- London Bridge attack in June 2017 (8 dead)
What measures have been taken by the UK and US governments to counter terrorism?
- Guantanamo Bay internment camps
- USA’s PRISM spying programme
- Iraq war in 2003
- the ‘War on Terror’
Why has the idea of universal human rights been criticised?
- There are differing conceptions of human rights (i.e. they are subjective)
- They favour individualism over collectivism
- Cultural imperialism
- Economic rights are difficult to ensure due to the difference in wealth of countries
How do realists criticise the human rights regime?
They argue that they infringe upon state sovereignty and prevent the state from acting in ways that it wishes.
Define INTERNATIONAL LAW
International law is the law that governs states and other international actors.
Realists and liberals debate whether it is effective.
What are the sources of international law?
- Treaties (e.g. the UN Charter)
- Custom, i.e. ‘way things are done’
- General principles of law that are present in all countries
- Legal precedent (written arguments of judges and lawyers)