Unit 2: Human Rights Flashcards
key idea of HR unit
Human rights are indivisible right which all human beings are entitled to by virtue of their huamanity, and without discrimination.
what are human rights?
The United Nations Universal Declaration of Human Rights was agreed in 1948. It is a global agreement. It has 4 key principles:
1. Human rights are universal
2. Human rights are interdependent
3. Human rights are indivisible
4. Human rights are inalienable
what does it mean that human rights are universal?
Human rights are inherent to human beings. This means that all human beings are naturally entitled to them. Other aspects of identity – such as gender, race, religion, age or language do not affect these rights. All member states, who support the Declaration must respect these human rights for all human beings.
what does it mean that human rights are interdependent?
Each human right depends on all of the others. If one human right is denied, it will stop the others from being protected also. For example, a strong judicial (legal) system will help protect a person’s right to a fair and effective trial. This will also affect the right to freedom from arbitrary arrest (arrest without good reasons) and equality in the law.
what does it mean that human rights are indivisible?
All human rights are equally important. They cannot be organised into a hierarchy. Governments cannot pick and choose which rights to protect, or which people to protect.
what does it mean that human rights are inalienable?
Human rights cannot be taken away from people. Also, people cannot give them away.
positive human rights
those in which the government must take action to protect the people (i.e. the to free education cannot be protected without the government actively providing adequate schools, etc.). also, a government with an adequate judicial system, allowing individuals to enjoy the human right in a fair and public hearing is necessary.
-> more challenging in LEDCs
negative human rights
require the government not to act to allow certain freedoms. this includes freedom from torture, from arbitrary arrest or detention by the state. all of these rights are protetced through the inaction of those in power.
-> may be at risk when governments feel they face a security risk
justice, key idea
justice is the concept of fair treatment, usually based on an agreed and accepted set of laws that are applied equally, universally and with the right to a fair trial.
3 principles that the rule of law follows
- No one is above the law: not even people in power. It is the law that rules over everyone. It can be very dangerous if governments violate the law, by avoiding prosecution, or by intimidating and ignoring judges.
- **Everyone has a right to a fair trial: **The law must be applied fairly by courts and judges – not arbitrarily by governments. If a person is accused of a crime, they have the right to defend themselves.
- Everyone is subject to the same laws: No one can escape justice. Everyone is equal under the law. Also, laws must be consistent – they must make sense and new laws cannot be introduced without proper planning.
how can human rights be properly upheld?
the government or those in power must be subject to the rule of law. this is a particularily important principle, since governments are the most dangerous potential violaters of human rights (have the power of evading investigation by intimating or simply ignoring judges)
what is liberty
- freedom and autonomy
- freedom for people to
Live without too much interference from those in power
Flourish (Succeed, develop and be happy)
how have human rights developed over time?
- 13th century: Magna Carta in England
- 17th century: European philosophers (Locke, Grotius, Rousseau)
- 1948: UN agreed Universal Declaration for Human Rights
First generation rights
- Focus on civil and political rights
- Protect individuals’ liberty from the state
- Mostly negative rights – allows people to have freedom, life and property in the private sphere.
- Also called ‘natural rights’ (inalienable)
- Article 3-21 of the Universal Declaration for Human Rights
- 1966 International Covenant on Human Rights, The right to: life, liberty and property
freedom from torture, and cruel and degrading treatment
freedom of thought, conscience and religion
equality in the law
freedom from arbitrary arrest and detention
equality definition
People are not discriminated against. All people have the same opportunities.
second - generation rights
- Focus on economic, social and cultural rights that allow citizens to flourish.
- Mostly positive rights
- Provided by the state through public services
- Aimed at delivering equality to everyone
Article 22-27 of the Universal Declaration for Human Rights
1966 International Covenant on Human Rights
The right to free education
The right to work and equal pay
The right to an adequate standard of living
The right to adequate rest and leisure
second - generation rights in LEDCs
These rights are more difficult for poorer, developing countries to provide, because of limited financial and human resources. Therefore, the UN says that all states have the obligation to realise these rights progressively, over time.
third - generation rights
- Less clearly defined
- Mostly apply to communities at different levels (e.g. global, local, national, regional) = collective human rights
- Focus on protecting the environment, peace and development
- Documents that express these rights:
1972 Stockholm Declaration on the Human Environment
1992 Declaration of the UN Earth Summit in Rio de Janeiro
The right to a healthy life in harmony with nature
The right to sustainable development for present and future generations
violations of human rights
Nation states and those in power are primarily responsible for protecting human rights. If the government does not hold power, other leaders – e.g. rebel forces or tribal groups – have this responsibility.
systematic abuses of human rights
abuse against a large number of victims, or abuses that have become part of a countries government and society.
examples of violations of human rights
- human trafficking (right to freedom of movement; life; liberty; secuity; not be subject to torture or cruel and degrading treatment; just and favourable conditions of work)
- child soldiers (right to life, surivial, development; protection of best interest of the child; protection from all forms of violence, abuse, neglect, ill treatment (underpinned by UN Convention of the Rights of the Child, 1989)
relationships between generations
- interconnected
- where some rights are lacking, this may prevent other rights being fulfilled
pros of UDHR (1948)
- first international consensus on universal human rights
- binding international convenants, regional conventions, and the hr laws of nation states
cons of UDHR (1948)
- non-binding in international law
- critis of a universal approach say it imposes a Western or Judeo-Christian viewpoint of hr
how should HR be protected effectively?
a nations power must be in balance between government, parlimant and courts
definition of cultural relativism
the theory that ideas and other norms should reflect cultural practices and traditions, rather than universal principles.
cultural relativsm and hr
suggests that hr are defined by the immediate local cultural and values, rather than by a global set of universal values
critics of cultural relativist approach to hr
- states are guilty of picking and choosing their hr to suit political circumstances
- failing to challlenge outdated cultural, ethnic or religious values
example of cultural relativism hr
Womans rights - Saudi Arabia
- male guardianship system
- woman are subject to different rights than men
- women are not permitted to obtain a passport, marry, travel or access higher education without the approval of a male guardian
- women are banned from driving
- not allowed to expose ceratin parts of their bodeis except in a medical emergency
claim that womens rights in saudi arabia are justified, based on cultural relativism
- goverened by Sharia law: Muslim rulers have to promote and protect human rights are perscribed in Quran
- ‘Sharia law guarantees equality of the sexes on the basis of the principle of the complementarity of rights and duties’
- government said that the ruling Shura Council had been amended to ensure that omwne occupy 20% of seats, 30 women joined council in 2013
claim that womens rights in saudi arabia are not justified, based on cultural relativism
- amnesty international: reported women have a subordinate status to men under the law and remain subject to discrimination
- are inadquatly protected against sexual and other violence
- domestic violence is endemic, despite government trying to raise awareness of the problem
- 2013 law of criminalising domestic violence was ‘not implemented due to a lack of competen authorities to enforce it’
- womens rights activists have been detained under ‘terrorism-related charges’
major challenge in the protection of human rights
the lack of consitency in treatment of rights violations in different states, caused by political issues
critics of UN human rights concil
- disproportionate focus on Israel at the expense of other hr violations
- membership of the hr council includes many member states whose own hr records are questionable
- council is an ineffective protector of global hr
- member states are reluctant to condemn othr states for hr abuses of which they themselves are also guilty
