U4 AOS 1 - Ethical Issues and Debates Flashcards
Define Realism
-is the prioritisation of specific needs and interests over those of the global community.
National Interests > International Community.
Define Cosmopolitanism
-is a desire to cooperate to reach common goals and outcomes to meet challenges that are presented to the global community. Humanity is a single community, regardless.
Define Ethics
Ethics seeks to address questions of morality; What is right and wrong.
Global actors are guided by different moral frameworks/positions. These may influence the actions of IGO’s and the creation of international laws.
Define Justice
-refers to the concept of moral rightness on ethics, law, fairness, and equity that seeks punishment and/or compensation when ethics are breached.
Define Human Rights
-refers to the legal, social, and ethical principles of freedom or entitlement. That is, rights are the rules about what is allowed of people or owed to people.
What are the 3 ethical debates surrounding human rights?
- Economic challenges to the universality of human rights.
- Cultural challenges to the universality of human rights.
- State sovereignty vs the Responsibility to protect.
Aim of the UN Convention Against Torture (UNCAT)
To guide states on how to effectively prohibit and prevent such practices, as well as investigate, prosecute, and punish perpetrators, and provide compensation for victims.
Obligations to the UN Convention Against Torture (UNCAT)
173 members and 33 articles of the UNCAT.
Article 2: Torture must be prevented within the state’s territory.
Article 3: The gov. must not extradite and individual to a state where there is the possibility that they will be tortured.
Article 4: Torture must be listed as a criminal offence within the state.
Article 14: Victims of torture (or their descendants) must have a right to compensation.
Cultural challenges to the universality of human rights: Realism in Indonesia towards the UNCAT
2010 - the Indonesian province of Ache implemented laws which criminalise same-sex sexual acts, as well as Zina (sexual acts outside marriage).
The criminal code permitted for 100 lashings and up to 100 months in prison, which zina violations permit 100 lashings.
“Caning contravenes Indonesia’s constitution & is in clear violation of international human rights laws.” - Amnesty International.
Obligations to the UN convention on the rights of the child
States that ratify pledge to protect children from economic and sexual exploitation, violence, and other forms of abuse and to advance the rights of children to education, healthcare, and a decent standard of living.
Economic challenges to the universality of human rights: Cosmopolitanism in Indonesia towards the Rights of the Child
The Ivory Coast ranks 166/188 on the human development index.
2017 - The Ivory Coast adopted a list of prohibited jobs deemed hazardous, prohibited for U18s to work.
School was made compulsory and free for all children 6-16.
Cote d’Ivoire demonstrate a desire to follow human rights law to better the world as a whole, as opposed to doing what’s most economic.
Economic challenges to the universality of human rights: Realism in Bolivia towards Rights of the Child
2014 - Bolivia lowered the working age from 14 to 10. Citing the state’s economic situation.
“It would have been easier to pass a law in line with international conventions, but it would not be enforced because Bolivia’s reality has other needs and characteristics.”
- Vice-President Linera.
Responsibility to Protect (R2P)
-is and agreement accepted by all UN members. The R2P acknowledges the existence of universal, moral principles that apply to all.
State sovereignty VS The Responsibility to Protect
R2P inaction in Syria - Atrocity crimes committed by all sides (e.g. confirmed 33 chemical weapons attacks by the Syrian Gov.)
UNSC resolutions that invoke R2P could be used as a “trigger from the west for regime change rather than military efforts to protect civilians - Vitaly Churkin (former Russian ambassador)
3 Pillars of the R2P
- The state bears the primary responsibility to protect its populations.
- The international community has a responsibility to uphold the R2P.
- The international community must take action through the use of diplomatic, humanitarian, and other peaceful means. Should peaceful tools prove inadequate, then there must be stronger measures taken.