Midterm Exam

Question 1

Active Citizenship

Answer 1

‘right to have rights’ (right to belong, participate in political community,
the right to vote, be seen, taken seriously, recognizing one’s person hood). It is the civic engagement and collective deliberations as a way to exercise and protect human and legal rights

• Right (moral) to have rights (legal) as a person
• Right to belong to, and participate in a political community

Question 2

Convention

Answer 2

it is an international human rights instrument. They must be ratified, implemented, and monitored. Many of the human rights conventions mirror, or are built upon principles outlined in the universal declaration of human rights. That are then sent into law and further defined in various conventions (especially ICESCR and ICCPR). Laws are further defined, applied and developed in subsequent conventions (e.g. CEDAW, CRPD)

• International Covenant on economic, social, and cultural rights (ICESCR, 1966): right to adequate food, housing, education, health, work, social security, safe water and sanitation, and to take part in cultural life. These are the universal rights laws that outline the conventions
• Convention of the elimination of all forms of racial discrimination (ICERD, 1965): eliminates racial discrimination, outlaw hate speech, criminalize membership in racist organizations
• Convention on the elimination of all forms of discrimination against women (CEDAW, 1979):eliminates discrimination, sex stereotypes and trafficking, women rights into the public sphere; establishes committees to monitor and report on state procedures

Question 3

Constructivism

Answer 3

a theoretical approach to international relations that emphasize the role of ideas, rules, norms, discourses, identities, and social relations in the generation of social life. Constructivism conceptualizes actors as being embedded in socially constructed institutional contexts, which are constitutive of actors’ identities and interests and can be changed in interaction

Question 4

Declarations

Answer 4

statements made by a state when agreeing to a treaty, which may or may not have legal effect. Also refers to an instrument adopted by international organizations that indicates or expresses international opinion but, unless otherwise stated in the organization’s constituent instrument, is not legally binding

Question 5

Denaturalization

Answer 5

are problems inherent to nation-states. It includes the deprivation of nationality(i.e. removal of citizenship ex. Nazi Germany)

Question 6

Deontological Ethics

Answer 6

the notion that acts are considered intrinsically good or bad without reference to their consequences. Moral obligation to our duty; focus on rules/commands. For instance, Islamic Morality
- People need rules, laws, and regulations to guide them

Question 7

Formalist Approach

Answer 7

human Rights dominated by a formalist approach

• Rights as legally institutionalized norms
• Seeks to enforce what the law actually says, rather than what it could or should say
• Sees law as a set of rules and principles independent of other political and social institutions.
• Implementation of abstract principles
• Products of official institutions

Question 8

International Bill of Human Rights

Answer 8

Consists ofthe Universal Declaration of Human Rights (Dec. 10, 1948), International Covenant on Economic, Social and Cultural Rights (December 16, 1966), International Covenant on Civil and Political Rights (December 16, 1966)

At its First session, in 1946, the General Assembly considered a draft Declaration on Fundamental Human Rights and Freedoms

Drafting Committee decided to prepare two documents:

1. Declaration, setting forth principles of human rights
2. Convention, defining specific rights and their limitations
   - 10 December 1948, the General Assembly adopted the Universal Declaration of Human Rights as the first of these projected instruments

Question 9

Legalism

Answer 9

• Only way to create order and social harmony is through legal rule
• Laws are public, not secret:
  
  • Knowable and applicable to all
• Laws are prospective (i.e.. applicable only to future cases), not retrospective:
  
  • Predictability: people know in advance which actions will expose them
    to risk of sanction by the state
  • Laws are not arbitrary
• Universal & equal application
  
  • No one is above the law; everyone is accountable
• Provides stability, security and enables freedom of action

Question 10

Lester B. Pearson

Answer 10

focused on peacekeeping/conditions of peace. He introduced the current Canadian flag, Canada Pension Plan and Medicare. Awarded a Nobel Peace Prize in 1957 for establishing United Nations Emergency Force, which ended the Suez Crisis. As an ambassador of the United States, Pearson took a leading role in the Canadian delegation at the negotiations leading to the signing of the United Nations Charter in San Francisco in 1945. Argued on behalf of the middle powers that the permanent members of the Security Council (China, Russia, France, Britain, and the U.S) should not possess a veto over peace and security issues, although this change did not happen.

Contributed to the international human rights regimes in two important areas:

• The founding of the United Nations 1945
• Creation of the United Nations Emergency Force

Question 11

Liberalism

Answer 11

a political philosophy/ideology emphasizing humans’ rational capacities, the role of individuals in shaping social life, the harmony of individuals’ rights, freedoms, and interests, market economics, and democratic government. Freedom and liberty is the primary value that should be instantiated in society and protected by the government, in the liberal view; all individuals are equal, and their rights are to be protected equally under the rule of law. In international relations theory, liberalism is associated with a variety of approaches that emphasize the role of democratic states in generating corporation internationally as well as the role of international institutions in generating cooperation between states. Human rights violations = instability and conflict

Question 12

Louise Arbour

Answer 12

In 1996, was appointed by UN Security council as Chief Prosecutor for the International Criminal Tribunals for former Yugoslavia and Rwanda. She successfully indicted Serbian president Sloban Milosevic on war crime charges. Success indicting and convicting Jean Kambanda, Prime Minister of Rwanda. Resigned in 1999 to take appointment at Supreme Court of Canada. From 2004 to 2008 Returned to UN to serve as UN High Commissioner for Human Rights

Question 13

Natural Law

Answer 13

a moral law or code that is supposedly objective because it is built into the cosmos. Natural law implies that universal laws regulate our interactions. It provides a sense of order (and place) in the universe. Emphasizes that we ought not disrupt the natural order. Offers the concept that moral, political and legal framework derived from Christian teachings (cultural and theological idea). We must find a way to function in a way that implements natural harmony so we can continue

Question 14

Negative Peace

Answer 14

means the absence of violence. Methods are used to minimize and reduce violence (i.e. a ceasefire). Often relies on presence of NATO and UN forces to ‘keep peace’

Question 15

NGOs

Answer 15

are legally constituted, private, non-profit, organizations that, in the field of human rights, work on advocacy campaigns, develop and set international human rights standards, monitor human rights violations, and provide servce delivery primarily in developing countries. Many are active in global civil society. They government officials to take positions on social, political, or economic issues (or to monitor and promote human rights concerns)

• Amnesty International
• Human Rights Watch

Question 16

Positive Peace

Answer 16

relationships are restored. Social systems serving the needs of the people have been created. It is a model/ procedure to resolve conflict and bring about enduring peace has been put in place

Question 17

Pragmatism

Answer 17

Studies conventions and repertoires of human rights. It does not follow pre-existing code/adhere to rule. It confronts specific perils and works through them.

Advantages to human rights:

• Shifts analytical scope (of human rights)
• Includes a greater array of participants than formalism
• Universal human rights cannot be permanently secured; they can only be advanced by remaining vigilant
• Pragmatist approach enables us to focus on ‘regimes of engagement’ to give rights meaning in individual lives

Question 18

Ratify/Ratification

Answer 18

practice of agreeing to the terms of a treaty (in accordance with constitutional national law) to enable it to be enforced. All countries that ratify, give formal consent to be (legally) bound to a treaty. Signing only indicates interest and willingness to continue talks

Question 19

Rationalism

Answer 19

is a branch of epistemology which utilizes the idea of reason as the fundamental source of knowledge and truth. It signifies the notion that humans are ultimately rational beings, and are capable of distinguishing right from wrong. The perception of liberty is presented in rationalism through the advocacy for equal recognition of all individual rights, thereby enabling individuals to perceive rationalism as a gratifying theory despite its limitations

Question 20

Realist International Theory

Answer 20

A world where rules are regularly broken, and
agreements last only as long as they benefit the contracting parties. The diplomacy of rights is ‘just talk’. Human rights are very low on the list of national policy goals. Double standards in international diplomacy: political leaders play lip service to protecting human rights while at the same time allowing these principles to be undermined by the pursuit of other goals. Emphasizes that human rights are unrealistic. It is a competition for power is a primary concern, no room for human rights as a central concern

Question 21

Security Council

Answer 21

United Nations System established Security Council to address threats to international peace and security
- US, Soviet Union, China, England, and France as permanent members with veto power (+10 rotating)

While all member states have equal status and one vote in General Assembly, it is nonbinding

• Security Council is empowered to pass binding enforceable resolutions (Chapter VII of UN Charter)
  
  • 193 voices

Question 22

Virtue Ethics

Answer 22

Primary guides are people who exhibit moral excellence/ideal character

Confucian morality mainly found in Analects (collection of sayings/dialogues on morality). It emphasizes ritual conduct, just rule & ethical relations, such as Ren humaneness, compassion, humility (relationships), and Li propriety and politeness (ritual). It is hierarchical, but not necessarily according to class, that being nobility of virtue through education in classics (not blood). It implies the necessity of fair distribution of goods to create social order. It means a way to create order, and reconcile one’s own needs with needs of community. It aims to create harmony of society; development of individual potential & best society through ritual

Includes Five Bonds:

• Ruler to Ruled
• Father to Son
• Husband to Wife
• Elder Brother to Younger Brother
• Friend to Friend

Question 23

Essay:

1. What are civil and political rights? How do they differ from economic, social and cultural rights?

Answer 23

• Economic, social and cultural rights require state investment
  - State expected to ensure that rights of citizens are upheld
  - But also require state to refrain from interfering viz trade unions and ability to choose work for oneself
• Civil and political rights concern freedom from infringement
  - State refrains from interfering with individual/personal freedoms
  - But also requires infrastructures (courts, prisons, election systems)
• Economic, social and cultural rights emphasize equality/access
• Civil and political rights seen to emphasize liberty/freedom of individual
• Positive (Economic…) rights must be ensured vs. Negative rights (Civil and Political Rights) rights cannot be interfered with

Question 24

Essay:
2. What are some of the principal international human rights instruments? How are they related to, or differ from, one another?
NGOs, covenants,

Answer 24

Ngo’s, covenants

Question 25

Essay:
3. What are some of the practices or approaches that define contemporary human rights campaigns? How do they differ from previous ones? What are some examples?

Answer 25

• Bearing Witness (testimonial acts and responses)
  i. Gives voice to eye witnesses; ensures remembrance
  ii. Transforms testimonial practices into interpretive exercises Rituals of collective remembrance
• Forgiveness (Holocaust or 9/11)
  i. Requires the investigation of mass violence
  ii. Reconstruction of historical injustices
  iii. Establishes different degrees and types of responsibility
• Foresight (preventing human rights violations, 9/11)
  i. Precautionary orientation; no longer sufficient to react to past or ongoing injustice
  ii. Emphasis on early detection and prevention/reaction
  iii. Supports the idea that we have a responsibility to others
• Aid (assisting victims, natural disasters)
  i. Political and socio-economic justice (not just charity)
  ii. Foster symmetrical relations of collaboration between donor agencies and recipient communities
• Solidarity (cultivating bonds of responsibility, slavery)
  i. Recognize cultural diversity and variety of understandings of human dignity
  ii. Networks of affinity among persons concerned about HR

Question 26

4. Is human rights language and law sufficiently inclusive? What are the assumptions it makes? (Criticisms from religious traditions; Individual vs. group rights)

Answer 26

Human rights language and law is not inclusive because it focuses on individual rights, not collective rights. Based on natural law of other religions that other pertain to different peoples. Human rights language is not inclusive to females. Article 23 of Labour Rights in the UDHR states, “Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection”, exhibiting greater focus on male language