Human rights - The nature and development of human rights Flashcards
Define human rights
The basic rights and freedoms that belong to all human beings
Characteristics of human rights
universal, inherent, inalienable, indivisible
What is the UDHR 1948?
The universal declaration of human rights is a historical document that outlines the rights and freedoms that everyone is entitled to. It was created by the UN following the atrocities of WW2
- 30 articles
What is the ICCPR 1966?
The international covenant on civil and political rights is a treaty that protects civil and political rights.
- treatment of individuals as individuals and members of wider society
- protection from oppressive governments
- freedom of speech, freedom from slavery and torture
What is the ICESCR?
The international covenant on economic, social and political rights is a treaty that establishes socio-economic rights.
- focuses on group/society
- labour rights, education rights, right to adequate standard of living
What are first generational human rights?
Civil and political rights
- enshrined in the UDHR 1948 and the ICCPR 1966
What are second generation human rights?
Socio economic rights
- enshrined in the UDHR 1948 and the ICESCR 1966
What are third generation human rights?
Collective rights
- peace rights, environmental rights, self determination rights
What is the difference between the ICCPR and the ICESPR?
ICCPR
- often require governments to refrain from interfering in certain freedoms and rights eg. right to life, freedom of speech, right to a fair trial
ICESCR
- require govt action to be fulfilled eg. right to work, equality between men and women
What are the 7 movements in developing recognition for human rights?
- abolition of slavery
- trade unionism/ labour rights
- universal suffrage
- universal education
- self determination
- environmental rights
- peace rights
What is the abolition of slavery?
- movement around the world to abolish slavery following the discovery of the horrors of the TAST
- first movement in iceland 1117
- slavery abolition act 1833 (UK)
- UDHR (A.4), ICCPR (A.8), ICESCR (A.7, 10)
- criminal code act 1995
What is trade unionism (and labour rights)?
- refers to the rights of people to join trade unions and have labour rights (trade unions CREATED labour rights)
- trade union act 1871 (uk)
- UDHR (A.23), ICESCR
- fairwork act 2009 (cth)
- not that effective in Aus - lots of underpaid workers
- can’t join a trade union in kenya, iran, china
What is universal sufferage?
- the right of all people to vote in a democratic election
- started with male suffrage movements -> representation of the people act 1918 (UK)
- suffragettes -> womens suffrage achieved in 1893 NZ for the first time
- domestic - cth electoral act 1918 amendment
What is universal education?
- right to a basic (primary school) education
- UDHR (A.26)
- ICESCR (A.13)
- CROC 1989
- education act 1990 (nsw)
What is self determination?
- the COLLECTIVE right of a group of people to determine their own political status, language education system and society
- MABO case + native title act 1993 (cth)
- UN charter (A.1) -> establishes the principle of self determination
- ICESCR (A.1)
What are environmental rights?
- intergenerational equity (COLLECTIVE)
- important as they allow access to other rights
- stockholm declaration 1972 -> last successful agreement
- issues: state sovereignty
- kyoto protocol 1997
- paris agreement 2015
What are peace rights?
- COLLECTIVE right of all people to live free of war
- declaration on the rights of people to peace
What is the international bill of rights?
UDHR 1948, ICCPR 1966, ICESCR 1966
How has the UDHR contributed to the development of human rights?
- set standards on what is accepted as human rights
- most widely accepted HR document of the world
- contributed to 200+HR treated world wide
How has the ICCPR contributed to the development of human rights?
- can be signed and ratified by countries
- inspired many other treaties and courts
How has the ICESCR contributed to the development of human rights?
- can be signed and ratified
- deepened our understanding of human rights
Who monitors countries who’ve signed the ICCPR?
UN human rights committee
- issues a report on each country
Who monitors countries who’ve signed the ICESCR?
UN committee on economic, social and political rights
BUT it has NO enforceability
disadvantages of UDHR
- its a declaration -> not binding
- UN has no enforcement mechanism so HR can be ignored by countries
disadvantages of ICCPR
- countries can sign ‘with reservation’ -> opt out of parts it disagrees with
- countries can create laws that go against the ICCPR eg. holworthy barracks case
- only 168 (of 193) countries have signed and ratified the treaty –> malaysia and singapore haven’t signed or ratified the treaty and they CANT be forced to
disadvantages of ICESCR
- countries can sign ‘with reservation’ -> opt out of parts it disagrees with
- gvts are required to uphold such rights e.g guarantee the right to work however, politics and money can determine whether they choose to provide such human
rights - only 168 (of 193) countries have signed and ratified the treaty
