Oral exam Flashcards
Why do human rights matter?
They protect individuals from state held power and also provides moral guidelines and legal tools
What are some critiques against HR? (Moyn)
HR are utopian, there is a too big gap between the theory and the reality
What are some critqiue against HR? (Hannum)
There is a inflation of the HR beacuse the provide a protection for a too big spectrum of rights which slows down and make the framwork inefficent
what are som critque against HR? (feminist critqiue)
The HR are crated by men in a mens world and womens issues are not as considerd as they should be
what are some critque against HR? (post colonial)
the rights where created in a wester context and reflects western vaules which doesn’t really leave room for other alternatives
argue against the critique
ofc, HR a lot of weaknesses but universalism creates a common minimum standard of life and HR are better then no rights at all
what are the orgins of human right?
it is hard to specify it to one certain time point since similare thoughts to what we today say is human rights have exsited for so long
king Hammurabi
an eye for an eye, a tooth for a tooth
Magna carta (1215)
was one of the first scripts mentioning rights, but limited these to powerful men
natural law (lex naturalis)
Human rights originate from natural law (lex naturalis), law that is inherited by virtue of human nature, they are god-written and a natural norm. some HR we have today is bulit on the same ground as lex naturalis
human law vs. natrual law
natrual law should alwasy prevail human law (man made law) but later in the renaossance natrual law became natrual rights which was the start of human rights
What documents contributed to the transformation to positive law?
US constitution (1789): protected only a few interests such as freedom of speech, religion, right to bear arms and fair trial
French déclaration (1789): liberté, fraternité et egalité
What were the Nuremberg trials?
International court following WW2 where individuals were prosecuted for crimes against humanity/war crimes
Customary international law was applied since the conduct was of such a degree that it was not only a matter of domestic jurisdiction–> international military tribunal
france, soviet union, uk and the us signed the charter
individauls were prosecuted based on the violation of peace, war crimes and crimes against humanity
What is the UDHR?
the start of the international law that we recognise today as human rights
10 december 1948 un general assambly adopted it
Aimed to build international relations and includes both political and social rights
not a treaty in a formal sense. couöd be interpretred in lots of ways
What happened during the cold war and the division of the rights?
The US emphasized political rights, such as right to vote, speak, freedom of religion, symbolicing the liberal democracy
While the soviet union emphasized social and economic rights, such as the right to work, healthcare and education, symbolicing socialism
This later on (1966) led to a division into the two covenants International covenant on civil and political rights (ICCPR) and International covenant on economic, social and cultural rights (ICESCR)
What are human rights treaties?
It is a form of agreement on boundaries and legal frameworks for how states can treat individuals within their territory, human rights treaties are not based on reciprocity and has room for reservations
What does erga omnes mean?
Towards all, toward the international community as a whole