the nature and development of human rights Flashcards
what is the definition of human rights?
human rights are basic rights and freedoms every person is entitled to.
what are the four characteristics of human rights?
- universal - apply to everyone
- inherent - birth right
- inalienable - cannot be taken away
- indivisible - equal to everyone
which type of human rights fall under the first generation of human rights?
civil and political rights; rights related to freedoms seen as essential in democratic societies eg. the right to free speech, the right to vote and freedom of assembly
which type of human rights fall under the second generation of human rights?
economic, social and cultural rights; the rights of the individual or group to receive social provision or services to achieve full potential as human beings eg. the right to housing, the right to an adequate wage and the right to education
which type of human rights fall under the third generation of human rights?
collective rights; rights that belong to a community, population, society or nation eg. the right to economic development, the right to live in a cohesive and harmonious society and environmental rights
what are peace rights?
‘peace rights’ refer to all people’s right to a comprehensive peace and human rights education, and the right to resist and oppose oppressive colonial, foreign occupation or dictational domination
what are some characteristics of the abolition of slavery?
- Transatlantic Slave Trade: trading of African people by Europeans
- ruled as illegal in the common law of England in 1722
- Slave Trade Act 1807 (UK) prohibited slave trade in the British Empire
- Slavery Abolition Act 1833 (UK) abolished slavery itself
- northern states of America abolished slavery in 1808
- southern states of America continued slavery because of their high agricultural trade
- cause of the American Civil War (1861-1865)
- slavery abolished by the thirteenth amendment of the US Constitution
- slavery abolished under Article 4 of UDHR
what are some characteristics of trade unionism and labour rights?
- as forced labour was made illegal, conventional labour became the only legal means of securing large groups of workers
- safe working conditions, the right to paid holidays and minimum wage are all new rights
- employment law is a new development
- Industrial Revolution accelerated the desire for workers’ protection in 18th-19th centuries
- lack of workplace safety, low wages and long hours called for trade unions
- strikes were effective in creating change
- due to pressure, British Parliament passed Trade Unions Act 1871 (UK)
- similar events happened in Australia; large strikes in 1890s formed the Australian Labour Party
- labour rights established in UDHR under Articles 23-24
what are some characteristics of universal suffrage?
- suffrage refers to the legal right to vote in a democratic election
- previously, gender, status, race, age, beliefs and nationality limited suffrage
- initially only upper class men were allowed to vote
- Representation of the People Act 1918 (UK) opened up the vote to all adult males
- New Zealand was the first country to give women an equal right to vote in 1893
- the Australian Commonwealth granted women’s suffrage in 1902
- Indigenous Australians given the rights to vote in 1901
- later interpretations by the government of this right meant that Indigenous Australians were denied the right to vote until 1962
- the contribution to the war effort by women in WWI led to the UK giving women a limited right to vote
- right to vote recognised as a universal human right in Article 21 of the UDHR
what are some characteristics of universal education?
- in early civilisations, formal education was associated with wealth and power or with certain trades, beliefs or religions
- in Europe, the church was generally the first to take on the role of educator for all
- Church of Scotland put forward the principle of a school teacher for every parish and free education for the poor in 1561
- by 1880, in France, all children under 15 were required to attend school, with free and secular public instruction
- Public Instruction Act 1880 (NSW) led to the government taking control of all the church-run schools, except those run by the Catholic church, and making education free, secular and compulsory
- the right to free education for all human beings in included under Article 26 of the UDHR
what are some characteristics of self-determination?
- collective right belonging to a group
- allows people of a territory or national grouping to determine their own political status
- became an important global notion during the time of imperialism
- right to self-determination fought for in Europe during the French Revolution (1789-1799)
- the issue of self-determination has shown itself as a contemporary issue in regards to the rights of Indigenous peoples
- in 2007, the United Nations adopted the Declaration of the Rights of Indigenous Peoples
what are some characteristics of environmental rights?
- seen as essential to securing and promoting other human rights, including the right to life
- African Charter on Human and People’s Rights 1981 recognises the right to a satisfactory environment
- American Convention on Human Rights includes the explicit right to a healthy environment
- the main failure regarding environmental rights is the difficulty of getting global cooperation
what are some characteristics of peace rights?
- originally the League of Nations was created in the Paris Conference at Versailles after WWII
- this is now known as the United Nations
- the UN Charter of June 26 1945 was primarily intended to maintain global peace
- the Declaration on the Rights of Peoples to Peace (1984) is not binding
- Article 51 of the UN Charter declares that states have the inherent right to individual or collective self-defence if an armed attack against them occurs
- Article 39 states that the UN Security Council can authorise actions to maintain or restore peace
- the International Criminal Court (ICC) has jurisdiction to try individual people for war crimes and crimes against the international community
what is the Universal Declaration of Human Rights?
the Universal Declaration of Human Rights (UDHR) is the first document to ever set out fundamental human rights to be universally protected; 192 countries are signatory to this declaration
what is the International Covenant on Civil and Political Rights?
the International Covenant on Civil and Political Rights (ICCPR) commits nations to respect rights that fall under the first generation of human rights, prohibiting any discrimination and guaranteeing equal protection against discrimination for all people on all grounds
