Lecture 1 Flashcards
Prior to the Second World Wars, human rights were largely protected under national law but not under international law
The most important departure in this regard was the adoption of the ________________ in 1948
This and subsequent documents repositioned human rights as parts of international law
Prior to the Second World Wars, human rights were largely protected under national law but not under international law
The most important departure in this regard was the adoption of the Universal Declaration of Human Rights in 1948
This and subsequent documents repositioned human rights as parts of international law
The _______ was an early Human Rights Instrument drafted to address persistent violations of ancient customs by King John.
Magna Carta contained many freedoms and rights including freedom from excessive taxation, equality before the law, and the right to inherit property
The Magna Carta was an early Human Rights Instrument drafted to address persistent violations of ancient customs by King John.
Magna Carta contained many freedoms and rights including freedom from excessive taxation, equality before the law, and the right to inherit property
The Bill of Rights 1689 was a restatement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689.
Lays down limits on the powers of the Crown and and sets out the rights of Parliament and rules for freedom of speech, the requirement of regular elections to Parliament and the right to petition the monarch without fear of retribution, the right to keep and bear arms.
Ideas behind the Bill of Rights were inspired by the thoughts of _________
The Bill of Rights 1689 was a restatement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689.
Lays down limits on the powers of the Crown and and sets out the rights of Parliament and rules for freedom of speech, the requirement of regular elections to Parliament and the right to petition the monarch without fear of retribution, the right to keep and bear arms.
Ideas behind the Bill of Rights were inspired by the thoughts of John Locke
Early Human Rights Instruments:
Declaration of ______ (1776)
American Constitution (1787)
Declaration on the Rights of Man (1789)
Bill of Rights (1791)
Early Human Rights Instruments:
Declaration of Independence (1776)
American Constitution (1787)
Declaration on the Rights of Man (1789)
Bill of Rights (1791)
The American _____ served as an example to other nations in the development of their own constitutions.
Until the Second World War, individual nations had the primary competence for protecting human rights.
The American Constitution served as an example to other nations in the development of their own constitutions.
Until the Second World War, individual nations had the primary competence for protecting human rights.
The Geneva Convention (1864)
Aimed to improve the conditions of the wounded in war
Main principles were:
*The relief to the wounded without any distinction as to nationality
*Neutrality (inviolability) of medical personnel and medical establishments and units
*The distinctive sign of the red cross on a white ground
Subsequent Geneva Conventions aimed to address the treatment of individuals in _____
The Geneva Convention (1864)
Aimed to improve the conditions of the wounded in war
Main principles were:
*The relief to the wounded without any distinction as to nationality
*Neutrality (inviolability) of medical personnel and medical establishments and units
*The distinctive sign of the red cross on a white ground
Subsequent Geneva Conventions aimed to address the treatment of individuals in combat
The atrocities committed during the Second World War provided a major impetus to the drafting of human rights documents at the international level
Serious issues of legality arose, including concerning the nature of rights, in particular at the _______ trials
The atrocities committed during the Second World War provided a major impetus to the drafting of human rights documents at the international level.
Serious issues of legality arose, including concerning the nature of rights, in particular at the Nuremberg trials
Human Rights after the Second World War:
The United Nations Charter was signed in San Francisco in October 1945
Justice Jackson’s Speech at Nuremberg
Universal Declaration of Human Rights adopted in December ____
Human Rights after the Second World War:
The United Nations Charter was signed in San Francisco in October 1945
Justice Jackson’s Speech at Nuremberg
Universal Declaration of Human Rights adopted in December 1948
Universal Declaration of Human Rights.
Art 1 – all humans are equal in dignity and rights
Art 2 – non-discrimination against any individuals
Art 3 – right to life, liberty, and security of the person
Art 4 – prohibition of ____
Art 5 – prohibition of torture, inhumane and degrading treatment
Universal Declaration of Human Rights.
Art 1 – all humans are equal in dignity and rights
Art 2 – non-discrimination against any individuals
Art 3 – right to life, liberty, and security of the person
Art 4 – prohibition of slavery
Art 5 – prohibition of torture, inhumane and degrading treatment
Universal Declaration of Human Rights.
Art 6 – Recognition as a person before the law
Art 7 – Equal protection from the law
Art 8 – right to an effective remedy
Art 9 – no arbitrary arrest or detention
Art 10 – fair hearing by impartial tribunal
Art 11 – presumption of _____
Art 12 – no arbitrary interference with privacy, home, family or correspondence
Universal Declaration of Human Rights.
Art 6 – Recognition as a person before the law
Art 7 – Equal protection from the law
Art 8 – right to an effective remedy
Art 9 – no arbitrary arrest or detention
Art 10 – fair hearing by impartial tribunal
Art 11 – presumption of innocence
Art 12 – no arbitrary interference with privacy, home, family or correspondence
Universal Declaration of Human Rights.
Art 21 – access to public services
Art 22 – right to social security
Art 23 – the right to ____, equal pay and form and join trade unions
Art 24 – right to rest and leisure including holiday pay and limitations on working hours
Art 25 – reasonable standard of living, health and wellbeing including food, clothing, housing, medical care, and necessary social services particularly motherhood and childhood
Universal Declaration of Human Rights.
Art 21 – access to public services
Art 22 – right to social security
Art 23 – the right to work, equal pay and form and join trade unions
Art 24 – right to rest and leisure including holiday pay and limitations on working hours
Art 25 – reasonable standard of living, health and wellbeing including food, clothing, housing, medical care, and necessary social services particularly motherhood and childhood
Universal Declaration of Human Rights. Art26– \_\_\_\_\_\_ Art27– participation in cultural life Art 28– social and international order Art 29 – limitations of rights necessary in a democratic state
Universal Declaration of Human Rights. Art26–education Art27–participation in cultural life Art 28–social and international order Art 29 – limitations of rights necessary in a democratic state
The UDHR established a coherent and thorough list of rights that correspond in the main with our concept of human rights, writ large, and our expectations in free and democratic societies
Two critical limitations of the UDHR:
– Not ___________; rather, an aspirational document. Transposing these guarantees of basic freedoms into legally-binding human rights treaties would engender the segregation of civil/political rights from social/economic/cultural rights
– Speaks of universal rights, no account of cultural relativism
The UDHR established a coherent and thorough list of rights that correspond in the main with our concept of human rights, writ large, and our expectations in free and democratic societies
Two critical limitations of the UDHR:
– Not Legally binding; rather, an aspirational document. Transposing these guarantees of basic freedoms into legally-binding human rights treaties would engender the segregation of civil/political rights from social/economic/cultural rights
– Speaks of universal rights, no account of cultural relativism
Universalism v Cultural Relativism
UDHR moves to divorce human rights law from conceptions of rights which are relative to the socio- cultural and economic communities which are meant to enact and assure them.
Considers the rights contained in the UDHR as universally acceptable and applicable to all ________
Universalism v Cultural Relativism
UDHR moves to divorce human rights law from conceptions of rights which are relative to the socio- cultural and economic communities which are meant to enact and assure them.
Considers the rights contained in the UDHR as universally acceptable and applicable to all human beings
Universalism v Cultural Relativism
What is the purpose of a universalist approach to rights?
To treat questions of equality and liberty under a more general, human angle, or to disparage one approach in favour of another which might both be equally valid?
Detractors note that a _____ approach fails to account for any cultural, traditional, or social differences of persons throughout the world.
Universalism v Cultural Relativism
What is the purpose of a universalist approach to rights?
To treat questions of equality and liberty under a more general, human angle, or to disparage one approach in favour of another which might both be equally valid?
Detractors note that a universalist approach fails to account for any cultural, traditional, or social differences of persons throughout the world.
