questions Flashcards
What are Human Rights?
Human rights are fundamental rights and freedoms inherent to all human beings, regardless of nationality, sex, ethnicity, religion, or any other status. They are based on the principle of respect for the individual and are intended to ensure dignity, equality, and justice.
Human Rights vs. Legal Rights:
Human rights are universal and inherent, while legal rights are granted by specific legal systems and can vary by jurisdiction.
Human Rights vs. Moral Rights:
Moral rights may not be universally accepted and can be subjective, while human rights are codified in international agreements and treaties.
Human Rights vs. Economic Rights:
Economic rights focus on wealth distribution and economic well-being, whereas human rights encompass a broader range of civil, political, social, and cultural rights.
Universal:
Applicable to all individuals without discrimination.
Inalienable
Cannot be taken away or given up.
Indivisible and Interdependent
All rights are equally important and interconnected.
Equality and Non-discrimination
All individuals are entitled to rights without discrimination.
Participation and Inclusion
Individuals have the right to participate in decisions affecting their rights.
affecting their rights.
Importance of Key Characteristics
These characteristics ensure that human rights are universally recognized and protected, fostering an environment where dignity and justice prevail. They also promote accountability and encourage social cohesion.
Why Human Rights Are Universal:
Human rights are considered universal because they arise from the inherent dignity of every person. They are enshrined in documents like the Universal Declaration of Human Rights (UDHR) and are recognized by international law, transcending cultural, geographical, and political boundaries.
Magna Carta (1215)
Established the principle that everyone, including the king, is subject to the law.
English Bill of Rights (1689)
Limited the powers of the monarchy and outlined specific rights for individuals.
American Revolution (1776)
Promoted the idea of liberty and individual rights, leading to the Declaration of Independence.
French Revolution (1789)
Introduced the Declaration of the Rights of Man and of the Citizen, emphasizing liberty, equality, and fraternity.
Natural Law/Natural Rights
The philosophy that certain rights are inherent by virtue of human nature. Influenced Enlightenment thinkers like John Locke, whose ideas shaped revolutionary movements.
American Declaration of Independence
Based on natural rights, asserting that individuals have unalienable rights to life, liberty, and the pursuit of happiness.
French Declaration on the Rights of Man
Echoed natural rights principles, emphasizing freedom and equality.
Declaration
A formal statement or acknowledgment of principles or beliefs, not legally binding.
Treaty
A legally binding agreement between states that must be ratified by the parties involved.
Process of Treaty-Making:
Negotiation: States negotiate terms.
Signing: Representatives sign the treaty, indicating intent to ratify.
Ratification: Domestic procedures are followed to formally adopt the treaty.
Implementation: States enact laws or policies to fulfill treaty obligations.
Sources of International Law:
Treaties and Conventions:
Customary International Law:
General Principles of Law:
Judicial Decisions and Legal Writings:
Links between Natural Law Theory and the Universal Declaration of Human Rights:
Natural law emphasizes inherent rights based on human dignity, which align with the UDHR’s principles of freedom and equality. The UDHR embodies these concepts by recognizing rights that are universal and inherent to all individuals.
Key Features of the Universal Declaration:
Sets out fundamental human rights.
Non-binding but influential in international law.
Promotes civil, political, economic, social, and cultural rights.
State’s Three-Fold Duty:
Respect: States must not infringe on rights.
Protect: States must prevent violations by third parties.
Fulfill: States must take positive action to realize rights.
Progressive Realization
The idea that states must take steps to achieve full realization of economic, social, and cultural rights over time, considering resources.
Intersectionality
Recognizes that individuals may face multiple, overlapping forms of discrimination affecting their human rights.
Violation of Specific Human Rights (Case Study)
In a hypothetical case study where a marginalized community is denied access to clean water, key rights violated could include the right to health and the right to an adequate standard of living.
Applying the Three-Fold Obligation of States: In the case study, the state must:
Respect: Ensure no policies prevent access to clean water.
Protect: Prevent corporations from polluting water sources.
Fulfill: Invest in infrastructure to provide safe drinking water.
Right to Self-Determination and Indigenous Sovereignty:
The right to self-determination allows peoples to determine their political status and pursue their economic, social, and cultural development. Indigenous sovereignty recognizes the authority of Indigenous peoples to govern themselves.
Challenges Faced by Indigenous Peoples:
Displacement: Loss of land and resources due to colonization or development.
Cultural Erosion: Loss of languages and traditions.
Systemic Discrimination: Ongoing inequalities in health, education, and legal representation.
Interconnectedness of Rights:
The rights of Indigenous peoples are interrelated, affecting their cultural, social, and economic well-being.
Debates Surrounding Group Rights
Debates focus on whether group rights, such as those for Indigenous peoples, should be recognized alongside individual rights, and how to balance collective and individual interests.
Importance of the Declaration on the Rights of Indigenous Peoples
This declaration affirms the rights of Indigenous peoples to maintain their cultures, languages, and governance systems, serving as a crucial framework for promoting their human rights globally.
treaties and conventions
Treaties and Conventions: Agreements between states.
customary international law
Customary International Law: Practices accepted as legally binding.
general principles of law
General Principles of Law: Recognized by civilized nations.
Judicial Decisions and legal writing
Judicial Decisions and Legal Writings: Contributions from courts and scholars.
