Topic 8 - EQ2 - Health, Human Rights, and Intervention Flashcards
Define human rights
Human rights: the moral principals that underlie standards of human behaviour. They are commonly understood as inalienable and fundamental rights ‘to which a person is inherently entitled simply because she or he is a human being’ and which are ‘inherent in all human beings’ regardless of their nation, location, language, religion, ethnic origin or any other status. They are universal in the sense of being applicable to everywhere and they are egalitarian in the sense of being the same for everyone.
What are some key words that describe human rights?
Inalienable, fundamental, inherent, universal, egalitarian…
What is the Universal Declaration of Human Rights (UDHR)?
The UDHR sets out 30 universal rights. They range from freedom of speech and movement to education and justice.
When was the UDHR adopted?
In 1948 by the UN General Assembly after the need for such a declaration was realised after the Second World War.
Is the UDHR legally binding?
The UDHR is a deceleration, not a treaty. Therefore, it is not legally binding however the declaration defines to key terms ‘fundamental freedom’ and ‘human rights’ which are incorporated into the UN charter which all 193 members are bound to recognise and respect.
What is the European Convention on Human Rights (ECHR)?
A convention formulated by the Council of Europe in 1950 based on the UDHR. It was ratified in the UK in 1951. There are 59 articles and various protocols. In 1959 the European Court of Human Rights was set up to interpret and ensure compliance with the ECHR.
Where is the European Court of Human Rights?
Strasbourg (France)
Why was the council of Europe established?
The Council of Europe was formed in 1949 to establish a better relationship between European countries and as a response to violations of Human Rights that occurred in Europe during WW2. Prevented conflict during the post-war spread of communism in central and Eastern Europe.
What is the position of the ECHR in the national laws of Council of Europe members?
All members states have the ECHR included in their national laws. Despite the UK ratifying the ECHR in 1951 the ECHR was only integrated into British law in 1998 as part of the Human Rights Act.
What are the Geneva conventions?
Four international treaties that create rules for war situations, focusing on humanitarian treatment during war, especially offering protection to civilians, medical workers, and prisoners. Only applies during armed conflict.
Do many cases of breaking the Geneva Conventions ever come to trial?
No very few make it to trial
Is torture still widespread despite the UDHR and Geneva Conventions?
Yes. In 2014, the human rights organisation Amnesty International’s annual report on torture showed that 141 countries still use torture, including the USA which has been heavily criticised for its use of Guantanamo bay in Cuba for its torture alleged torture of terrorists. The US signed the 1977 protocols but Congress refused to ratify them.
What did the 1998 Human Rights Act do?
It made the ECHR more effective in UK law, requires public bodies to respect and protect Human Rights and Parliamentary laws that are passed are compatible with the ECHR.
Why do some people argue that the ECHR is undemocratic?
Threatens British sovereignty and self determination as British courts are bound to decisions made at the court in Strasbourg.
Plan to replace it with a ‘British Bill of Rights and Responsibilities’ so that the ECHR would no longer be able to overrule British Court judgements as it did in 1997 when it made the age of consent the same for heterosexual and homosexual people. UK has been in violation of the ECHR in 60% of cases brought to the court (average it 83% however).
Which 3 countries did not sign the UDHR in 1948?
Soviet Union - UDHR did not condemn fascism or Nazism enough
South Africa - wanted to protect system of Apartheid
Saudi Arabia - did not believe people should have the rights to ‘change their religion or belief’ as they didn’t want to allow people to convert from Islam
People in these countries therefore did not have their rights protected by the international community and thus must rely on their own governments to protect them.
What is the status of democracy in India?
-India is the world’s largest democracy (most populous)
-India has a federal system of government (lots of political power is delegated to individual Indian states, e.g. Kerala)
-India has a ceremonial President as head of government (similarly to Ireland) with real power lying in the hands of the Lok Sabha (or Lower House of Parliament), whose members decide who will be the country’s Prime Minister
-Ruling party is the BJP elected in 2014
-India has a vigorous media and independent judiciary, both of which are important aspects of a free and Democratic society
What is the status of human rights in India?
-India broadly respects human rights and has definitely made significant progress in protecting human rights
-The 1950 constitution consists of 444 articles, which include freedom of speech and religion
However
India still has some Human Rights issues, with some serious concerns from Human Rights Watch, including: incidents of violence against religious minorities (especially Muslims), caste based discrimination, neglect of tribal communities, state censorship sexual abuse, and other violence against women and children. Perhaps most worrying is the fact that members of India’s security forces continue to enjoy impunity for serious human rights violations.
New BJP gov’t has expressed a commitment to improving freedom and human rights but state censorship has still not come to an end.
What is the status of democracy in China?
The Chinese government is a highly authoritarian one party state. Human Rights Watch claims that it ‘places arbitrary curbs on expression, association, assembly and religion’. It also prohibits trade unions and human rights organisations, and controls the judicial system.
Modern China was founded as a communist state, but is now, especially post reforms in 1979, more of a ‘socialist market economy’ with an increasingly significant place in the global economy.
What is the status of human rights in China?
China’s human rights record has been widely criticised, with such abuses as:
- Re-education through labour - rather than being given prison sentences, offenders are sentenced to hard labour, effectively community service
- Censorship of the internet and media freedom - hundreds of websites are blocked or banned in China and ‘world’s leading jailer of journalists’.
- Unfair trials - the Chinese judicial systems falls a long way short of international standards.
- Torture - widespread and particularly directed at human rights activists and people detained because of their political or religious beliefs.
- Workers rights - trade unions are illegal and workers not allowed to protest
- Death penalty - it has been estimated that China accounts for nearly 3/4s of all the worlds executions every year
Do countries prioritise human rights over economic development?
There are few, if any, countries in today’s world that give human right real precedence over economic growth simply due to the fact that global influence and material prosperity relies upon economic growth. This is not to say that human rights do not matter however.
Do democracies outright break human rights law?
‘Liberal democracies’ rarely outright break human rights law, although it does happen, however it is more common that the interpretation of human rights of democratic governments does not fall in line with the interpretations of the int’l community at large. E.g. the UK was brought to the ECHR for denying the prisoners the right to vote in 2005 as they believe prisoners can have their civil rights suspended during their prison term (such as physical freedom and controversially voting).
In terms of freedom in which 3 bands can countries be classified? What are examples of countries in each band?
-Free - broad scope for open political competition and a climate of respect for civil liberties (UK, Norway, Canada, Tunisia, Australia, Argentina, Mongolia, Japan…)
-Partly free - there are some clear restrictions on political rights and civil liberties (Nigeria, Ukraine, Nepal, Mexico, Colombia, Indonesia, Mozambique…)
-Not free - basic political rights and civil liberties are absent or systematically violated (China, Russia, Saudi Arabia, Somalia, Angola, DRC, Ethiopia, Cambodia…)
How many countries were given the very worst freedom ratings on the freedom index (score of 7)?
In 2015 there were 9 countries with the worst ‘freedom rating’ (7). Five were in Africa, two in Asia and two in the Middle East and in terms of economic status all buy one of these countries has very low GDP per capita. The notable exception is oil rich Saudi Arabia which ranks in the top ten richest counties.
What are human rights like in North Korea?
North Korea is a self-sufficient totalitarian one party state ran around a personality cult of the Kim Jong family. It is isolated from the rest of the world and is seen as a rogue state due to its vast military forces and nuclear weapons.
NK executes dissidents, does not have fair trials, ten arrests foreigners for espionage, does not allow its own citizens to leave under any non-diplomatic circumstances, has no freedom of speech and it takes no accountability for any violations on the international stage… it is the pinnacle of a human rights-less authoritarian state.