Human Rights Flashcards
What are Human rights and why do we have them?
The end of the second world war and holocaust resulted in the UN General assembly adopting the universal declaration of human rights. Before that how states treated nationals in its own territory was its own problem.
The UN in 1945 created a commission n Human rights. Its initial work was drafting the universe declaration of human rights.
Split into:
1) Civil and political rights: political participation of all citizens
2) Economic social and cultural rights: guarantee individuals access to essential goods and services. e.g. right to food, housing etc.
What don Neo - Realists view human rights
Kenneth waltz argues that States in anarchy can’t afford to be Moral.
Mearshimier: states can pursue other goals outside of security as long as it does refute the balance of powers logic.
Kranser recognises that the European convention on human rights does impinge on westphilian sovereignty . This goes against realismism argument. But he argues it is an exception. e.g in Asia there is little human rights monitoring.
Human rights nearly reflect the balance of power. USSR was communist focused on economic rights. West focused on Human rights. Not normative.
Explain the Neo Liberalist view of Human rights
After the end of the Cold War this school focused more on the spread of finance and trade not HR.
Because most competencies and power pale in significant the the EU most institutionalist theorising puts it on the fringes.
However the EU yielded a sobering note for institutionalist, whilst there has been an increase in the improvements of women through integration, there has been much undermining of the civil rights and policing. This is because domestic regimes have been weakened with supranational taking there place.
Unlike realism it is not so challenged by the rise in Human rights institutions so much a realists. However they do find it more difficult that arguing for cross boarder trade.
How do Constructivists explain human rights
C’s interest in changing norms has been served well by human rights: End of apartheid, abolition of slavery, and UN declaration.
HR is an idealist not materialist topic. Not for rational choice theory.
Human rights violations remind us that HR norm has nor fully passed through the norm life cycle.
States want to follow human rights norms because they want to do the right thing. Constitutive of their social identity.
For Liberal democracy, HR is a large part of their identity and hs therefore been taken for granted.
HR is less prominent in Authoritarian states. However the apotioptiin of HR regulations by authoritarian states is an interesting puzzle. One explanation is the suasion socialization argument.
One reason that suasion might fail here is that arguing countries don’t view the other as equal.
Give an example of how Suasion has works for human rights.
Presidential pressure from Carter (e.g. denying a state visit) lead to tactical consessions and improvements of human rights.
In Indonesia a similar effect happened. They adopts the established a national commission of human rights. This strengthened HR groups. This lead to the down fall of the Indonesian Presidency. The asian financial crash played a part also.
How does the UN represent human rights?
1) Bodies
2) Functions
Commission on Human Rights (1946-2006)
Initially merely advisory body, investigatory powers in the 60s
Generally considered a failure: lack of regular oversight, included several high profile rights abusers, political rather than legal criteria for investigations
UN Human Rights Council (since 2006)
Successor of the Commission
Attempt to provide a more vibrant forum for discussion
Attempt to insulate the Council from politics.
Members elected by the UN GA
Meets 3 times a year
Universal Periodic Review
Regular review of HR policies of all UN member states
‘State-led’ process (i.e. self-reporting)
How effective is the UN at Promoting Human rights
Universal periodic Review: Unlike the HRC the states reporting is not on a regional consensus, but on an individual consensus.
Council Blocs: Still polarised views in the international community. Asia and Africa are softer on human right, maybe to avoid tough decisions or cultural.. The west is much harder. Latin America could play a role in mediating.
EU hinders alliance and trust building.
A Trigger system: Was suggested in the 2010/2011 review. An automatic procedure based on independent reports. Would help the UN regain the Norm of victim support. It has been supported by reform focused states.
What is Moravcsik’s (1995) theoretical argument
The liberalist view that human rights enforcement is embedded in the convergence of state domestic preferences.
Three main tools for EU: Sanctioning, shaming, co-operation
Most successful institutions rely on prior convergence in norms.
Human rights outside of IO’s remain more primitive.
Explain EU tools of Human rights
Sanctioning: The only sanctioning body is the EC. Can restrict export imports/ single market access.
Not effective in the Iranian hostage affair f the 1980’s. Lack of co-ordination.
Shaming: The EU is able to speak with one voice.
Institutional co-opting: Try to shift domestic institutions to change Human rights. Turkey and the Kurds
Abouharb Arguments (2009)
Longer exposure to IMF programs was associated with more frequent use of torture and extra judicial killing, and worsened human rights conditions.
Causal Mechanism not defined, but does link with IMF having worse effect on poor.
What does Cole (2005) find
The content of the treaty doesn’t matter. West-communist econ-HR isn’t true.
If the cost is slow countries will focus just because of symbolic purposes. Ratification is optional, and states will only join if outcome is foregone and costless.
The cost of not joining might be higher e.g. reputation.
What does Hathaway (2007) argue
Thats will effective domestic legal enforcement might shy away from Human rights ratification and it means they will be effective.
States with strong domestic institutions and weak human rights record are least likely to join.
