rights Flashcards
what does Ivison say human rights are
enforceable moral claims
what does Dworkin say about human rights
human rights occupy a space in political discourse above that of ordinary political decision - human rights trump other legitimate political decisions
who does Campbell say can claim human rights entitlements
individuals and perhaps groups
is rights being attached to the individual a western concept
yes - tikanga and te ao maori has collective rights through utu and mana which work in terms of the group as well as the individual. many cultures place greater emphasis on social dynamics outside of the individual and on the group
what else could be the subject of rights other than individuals or groups
non-traditional legal persons or non-legal persons such as natural features e.g. the Whanganui River or South American forests
who is it that we as the subject of human rights can make claims about
other people and organisations but most of the time it is protection of abuse by governments or ruling bodies in power. NZBORA applies to actions done by branches of government but not other groups or individuals in society. This limitation is not without problems as corporations functionally possess an enormous amount of power and have the same ability as government to impact on human rights - e.g. oil companies in developing parts of the world
what is campbells quote on what human rights are
“rights are claims to entitlements that individuals (and perhaps groups) can justifiably make on other people and organisations”
what is contained in the US Declaration of Independence as an early recognition of the kinds of things we recognise as human rights today - life, liberty and the pursuit of happiness
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are, life, liberty, and the pursuit of happiness”
what are 7 ways human rights can arise
- universal
- social
- equal
- individual
- enforceable
- plural
- moral
what defines the ontology of rights
describes where they come from and how they obtain their enforceable quality
what are the main two ways it can be said we got rights
moral claims or depend on law for their existence
what is the difference between a formalist view of rights and a natural law form
rights depend on law: human rights are legal rights bestowed on a person by a legal system so they can be modified, repealed or restrained through law.
rights exist as a necessary condition of nature and are inherited through lineage to a God creator or another informative deity.
does the language of NZBORA purport to create rights itself
it says “affirm” - which presupposes the rights already exist somewhere - in international rights frameworks and also as a philosophical pre-existence
do individual vs collective/group rights clash?
individual rights are universal and apply to everybody, but not all cultures will accept this universality. In the vast majority of cases, rights attaching to the individual are not inconsistent with the rights certain cultures place on the collective, but they can clash. Whether individual rights prevail depends on cultural relativism. Individually based human rights can be a worthy starting point on which other conceptions of rights can be built upon - especially a starting point for basic minimum rights
what are 4 examples of the civil and political generation of rights
- the right to life and liberty
- freedom of expression
- equality before the law
- the right to be free from discrimination
what are 4 examples of the economic, social and cultural generation of rights
- the right to participate in culture
- the right to work
- the right to an adequate standard of living
- the right to education
what generation of rights is recognised in NZBORA and why
civil and political rights - they are not necessarily more important but are a baseline minimum standard for a given society to function in a liberal and democratic way - they are fundamental attaching to the body and persons
what happened in Guantanamo Bay and why does it show the need for human rights
Potential terrorist threats were detained here following 9/11, imported from placed like Afghanistan and left to rot. Some only had the most nebulous of links to actual terrorists. It is in a part of Cuba which the US still has some rights over. The detainees were detained indefinitely and were deprived of the most basic right to habeas corpus (detained without trial).
From a human rights perspective, being held indefinitely without trial, given no right to a lawyer, not given a way to practice religion and could be persecuted for it, subject to physical and psychological abuse (“enhanced interrogation”). Even with these generally agreed human rights protections, very real human rights abuses are a part of this world.
how is new zealand’s track record with human rights
good record.
world leaders:
- votes for women in 1893
- international labour organisation created for the protection and advancement of workers’ rights
- abolished capital punishment for murder and piracy in 1961 and for treason until 1989
- same sex marriage 2013
what did the UN Human Rights Council have to say about NZ in 2014
- in consultation, develop plan to target gender-based violence and violence against women
- allocate resources to ensure the full implementation of measures to prevent violence against women and children
- develop national plan for women to address violence, pay equality, disability, Maori and Pacific women issues
- further steps to advance indigenous human rights, reduce remaining social differences for and discrimination against Maori
- prevent discrimination more against Maori and Pasifika community members in criminal justice system and in particular around the high rates of incarceration
what did the UN Human Rights Council have to say about NZ in 2019
- continue to address violence against women including sexual and domestic violence
- develop strategy to combat gender based violence including sexual and family
- strengthen efforts to address violence against women and girls among minority communities, particularly Maori and Pasifika
- continue efforts to address child wellbeing including addressing child abuse and child poverty
how do we protect human rights
international human rights protections - international law instruments to which we are signatories and courts can refer to those when scrutinising government decisions
domestic legislation owes its existence to the earlier pieces of international law and reflects our commitment internationally by making them enforceable at home
what is the universal declaration of human rights 1948 - give article examples
it sets the ground work and these rights form the basis of many rights that receive special treatment in later instruments. It is not legally binding in principle but the ICCPR and ICESCR are. Later instruments affirm and expand upon the rights in it.
Article 1: we are all born free and equal. we all have our own thoughts and ideas. we should all be treated in the same way.
Article 2: these rights belong to everybody, whatever our differences.
Article 3-21: civil and political rights, e.g. article 5 - nobody has any right to hurt us, or to torture us.
Article 22-27: economic, social and cultural rights, e.g. article 27 - we all have the right to our own way of life and to enjoy the good things that science and learning bring.
what is the International Covenant on Civil and Political Rights 1966 (ICCPR)
it is almost universally adopted, with 170/193 un nation states signed and ratifying it. its preamble ties it to the UDHR and links to its sister instrument the ICESCR.
It establishes the United Nations Human Rights Committee - reviews reports from states about how rights are being implement there and provides a dispute resolution body for citizens of the state parties (if the state signed up to the optional protocol for that). the second optional protocol is the abolition of the death penalty. nz has adopted both.