Module 2: Key Concepts & Principles Flashcards
What are human rights?
- The rights you have simply because you are human –Based on the principle of respect
- “Minimum standards of dignity”
When ànd how did modern human rights arise?
In the aftermath of WWII»_space; Establishment of the United Nations»_space; Human Rights Commission formed and led by Eleanor Roosevelt (18 member countries)
What are the human rights principles of universality and inalienability?
All people everywhere are entitled to human rights - rights realization promotes equality and nondiscrimination
What is the human rights principle of indivisibility?
All human rights have equal status and cannot be positioned in hierarchical order
What are the human rights principles of interdependence and interrelatedness?
Each right contributes to the realization of a person’s human dignity, and the fulfillment of one right often depends on the fulfillment of others
What are the human rights principles of participation and inclusion?
All people have the right to participate in and access information relating to decision-making processes that affect their well-being
What are the human rights principles of accountability and the law?
States and other duty-bearers are answerable for the observance of human rights
What document defined human rights in the modern era? Who was involved? When was it signed?
Universal Declaration of Human Rights (UDHR)* - spearheaded by Human Rights Commission, drafted by representatives from all regions in the world, signed in 1948
What are the two broad groups/classifications of human rights in the UDHR?
Civil and political rights (e.g. right to assemble) vs. Social, economic, and cultural rights (e.g. right to education)
What is the difference between collective and individual rights?
Collective rights are the recognition and protection of an individual rights as members of a group (e.g. an ethnic minority). We can ensure individual rights by pursuing collective rights.
What is the difference between immediate and progressive rights?
Immediate rights are essential to life and thus should take effect immediately; these are civil and political rights (e.g. the right to free speech and assembly). Progressive rights (social, economic, cultural) tend to involve more resources (e.g. the right to education and healthcare).
How many articles are included in the Universal Declaration of Human Rights (UDHR)?
30
Which nations have endorsed the UDHR? Which nations are legally bound by the UDHR?
All nations have endorsed the UDHR. Because the UDHR is a DOCUMENT and not a TREATY, nations are not legally bound by their endorsement.
During the Cold War, how did the Western and Eastern Blocs differ in terms of their view on human rights?
The Western Bloc prioritized civil and political rights, while the Eastern block prioritized economic/social/cultural rights
What does the International Convenant of Civil and Political Rights (ICCPR) focus on?
The “negative” rights - i.e. what government authorities are not supposed to take away - e.g. right to speech, vote, freedom of religion and expression
What does the International Covenant of Economic, Social, and Cultural Rights (ICESCR) focus on?
Food, education, health, shelter - how gov’t should ensure to help us reach full potential
How many treaties has the U.N. adopted? Name one example.
More than 20, e.g. the Covenants of the International Bill of Human Rights
As opposed to “declarations”, covenants, charters, conventions and treaties are all ____ ______
Legally binding
What is the term for the formal process by which a country agrees to be bound by terms of a treaty?
Ratification
What is the term for the exception that countries make to a treaty (i.e. provisions of the treaty that the government does not accept)?
Reservation
Name the 3 components of the U.N.’s International Human Rights System.
Office of the High Commissioner for Human rights (lead coordinator), Human Rights Council (reviews status of human rights worldwide), Treaty-monitoring bodies (committees that enforce treaties)
How many core treaties and monitoring bodies are there in the U.N.? What do they cover?
There are 9 nine core treaties - each focuses on a vulnerable population (e.g. Children) or human rights issue (e.g. Convention on Torture)
The core treaties also come with ____ protocols
optional
At the country level, governments have the obligation to ____, ______, and ____ human rights.
Respect, protect, and fulfill
Name one example of how a gov’t can RESPECT human rights
- Create constitutional guarantees of human rights
- Provide ways for people who have suffered human rights violations to seek legal remedies
- Be parties to international human rights treaties
Name one example of how a gov’t can PROTECT human rights
*Prosecute perpetrators of human rights violations
Name of example of how a gov’t can FULFILL human rights.
- Provide public education and public-defender
* Ensure access to food for all
____ ____ are the people responsible for ensuring are rights are fulfilled
Duty bearers
What is the term for the belief that there is no moral truth that applies to all peoples at all times since there are no absolute moral standards or judgment?
Cultural relativism
The opposite of cultural relativism is _____
Universalism
How do rights become law in the U.S.?
Treaty drafted, signed by POTUS, passed by Senate majority, sent to U.N., then implemented in U.S. law
___ and ___ rights are emphasized in the U.S. Constitution
Civil and political
Which historical event prompted the U.S.’s lopsided approach to human rights and withdrawal from the international human rights system?
The Cold War
Which of the 9 treaties has the U.S. ratified?
The U.S. has signed 7 treaties (thus expressing intent to ratify them in the future), but has only ratified 3: Civil/Political Rights, Racial Discrimination, Torture
What are the U.S. Reservations to the ratified treaties?
U.S. does not agree to introduce any new laws or commit to any actions to ensure the treaties are upheld
What comprises the International Bill of Rights?
The UDHR, the ICCPR, and the ICESCR
What are the two bodies of law in the U.S. that house human rights?
The U.S. Constitution and the Bill of Rights
What is American Exceptionalism regarding human rights?
The fact that the U.S. has ratified only 3 out of 9 core international human rights treaties.
