Transnational Politics

What are human rights?

Rights possessed by all individuals simply because they are human.

What are human rights usually based on?

Western ideals emphasizing the individual, freedom, and political/economic rights.

What are the three Western ideals associated with human rights?

The individual as the primary unit, freedom above other values, and focus on political and economic rights.

What do states guarantee through human rights?

To restrict their own power and provide necessary public goods.

How do human rights affect sovereignty?

They challenge absolute state sovereignty by limiting state power.

How has the spread of human rights norms changed over time?

Human rights norms have steadily spread despite weak enforcement and uneven progress.

What major belief has human rights increasingly challenged over the past 50 years?

The belief in noninterference.

What major event established the foundation of modern human rights law?

The 1948 United Nations Universal Declaration of Human Rights (UDHR).

What did the UDHR establish?

That every individual possesses at least some minimum rights.

What was the first hard international human rights law?

The Genocide Convention.

What did the Genocide Convention include?

Clearly defined obligations and precise rules.

What does ICCPR stand for?

International Covenant on Civil and Political Rights.

What does the ICCPR focus on?

Basic civil and political rights.

What does ICESCR stand for?

International Covenant on Economic, Social, and Cultural Rights

What does the ICESCR focus on?

Basic economic, social, and cultural rights.

What documents make up the International Bill of Rights?

The UDHR, ICCPR, and ICESCR.

Why were there two separate human rights conventions?

Because of competing interests, different legal traditions, and concerns about Western influence.

Why do states usually prefer certain human rights?

States prefer rights they already provide domestically.

How do human rights evolve over time?

Through contestation and debate.

What are nonderogable rights?

Rights that cannot be suspended under any circumstances.

Give examples of nonderogable rights.

Protection from torture, freedom of conscience, legal identity, and peaceful opposition.

Why do nonderogable rights have special status?

Because they are the most internalized and defensible rights.

Are nonderogable rights still violated?

Yes, they are frequently violated and often unpunished.

What are the three major reasons states violate human rights?

Lack of capacity, national security, and elite power.

Why do states sign human rights treaties?

Credible commitment, contingent rewards, empathy, global peace, and domestic interest groups.

What is a credible commitment in human rights treaties?

A promise by states to follow certain standards.

What are contingent rewards in human rights treaties?

Benefits states may receive for participating in treaties.

Who commits the most frequent and deadliest human rights abuses?

States against their own citizens.

What are three reasons states fail to observe human rights law?

Self-help systems, international image concerns, and multiparty dictatorships.

Why don’t states strongly enforce human rights laws in other countries?

Enforcement is costly and may hurt their own interests.

Why might states avoid applying human rights law against themselves?

They have little incentive to punish their own behavior.

How can sanctions discourage enforcement?

Economic sanctions can harm the enforcing state as well as the target.

How can human rights treaties still reduce abuses long term?

By allowing TANs to pressure governments and raise awareness.

What does TAN stand for?

Transnational Advocacy Network.

What are examples of TANs?

Amnesty International, Human Rights Watch, and the International Campaign to Ban Landmines.

Why are TANs often trusted more than states?

They are viewed as less politically biased.

Under what conditions are states most likely to enforce human rights?

Domestic pressure, political interests, and consistency with sovereignty.

What are the five ongoing innovations for protecting human rights?

Transitional justice, individual petition, the ICC, harnessing material interests, and guiding principles for business.

What is transitional justice?

Processes used to address past human rights abuses during political transitions.

What is individual petition?

Allowing individuals to bring complaints about rights violations.

What does ICC stand for?

International Criminal Court.

What is the purpose of the ICC?

To prosecute serious international crimes.

What does harnessing material interests mean in human rights protection?

Using economic or political incentives to encourage compliance.

What are the United Nations Guiding Principles on Business and Human Rights?

Guidelines encouraging businesses to respect human rights.

What limits human rights enforcement globally?

Political interests and power relationships.

What has still improved despite selective enforcement?

Overall progress in global human rights protections.