CJ 325 Midterm

agency

basis of HR; ability for people to autonomously choose their own life

civil rights

• granted and obtained by and from gov

  • Embodied in law thru state and federal constitutions and legal codes

claim holder

an individual or group entitled to specific, legally or morally guaranteed rights, which they can demand from duty bearers

collective rights

• exist bc we are members of a group

  • Right is born by group and can only be enjoyed with other humans

  • ex. freedom of religion

cultural relativists

• argue that cultural variations need to be considered and respected in the context of HR

  • They are not anti-HR

cultural relativism

proposes that society’s practices and beliefs should not be judged against one’s own cultural and universal standards of right and wrong. They should try to understand and judge HR on acceptable values and norms of particular group

deliberative scholars

• do not believe in natural component of HR

  • Promise that HR are nothing to be worshipped

  • Propose HR only exist in laws

  • HR dialogue is action-oriented and is a project in making where changes are achieved thru liberal and democratic processes

dignity

state of being worthy of honor or respect

discourse scholars

• see HR as only existing bc they are talked about and are found in political sphere

  • Rights are nothing grand

  • HR are not inflexible truths. HR discourse is political

  • Question universality of HR bc of degree of diversity found in societies

  • Question utility, sometimes taking position that they are a failure

divine law

scripture and teaching from church, people had basic duty to obey, regardless of actions of the sovereign

duty/rights bearer

duty bearer: governments have duty and responsibility to protect and guarantee dignity of human beings, duty to protect our rights

enlightenment

18th-century intellectual movement that established the foundation for modern universal rights, emphasizing reason, individual liberty, and natural law over tradition

entitlement

perceived right to a benefit or a belief that one is deserving of something

• beliefs that a person deserves special treatment and that others and institutions will support those beliefs

human rights

norms or moral principles that call for certain standards of equity and fairness in human behavior

humanism

non-religious, ethical, and rational life stance that centers on human dignity, freedom, and the belief that people have the power to create a just, democratic society through reason

inalienable right

fundamental, inherent human rights that cannot be taken away, sold, transferred, or renounced, regardless of individual actions or state laws

individualism/individual rights

• guaranteed to all persons based on simple fact that they are human

  • Enjoyed individually

indivisibility

indivisibility: principle that all civil, political, economic, social, and cultural rights are inherently connected, equal in importance, and cannot be fully enjoyed in isolation

indivisible rights: rights are equally important and essential

• One particular right or cluster of rights cannot be enjoyed without other rights being presen

john locke

• locke  co-created social contract

• argued role of king is to preserve, feed, clothe, instruct, and defend the commonwealth

• and argued people live in nature, need to have ruler to keep things stable and create laws

• argued we have to follow law and have birth rights that cannot be taken away

• declaration of independence was influenced by locke

• HR are revolutionary in nature

liberty rights

related to actions, and protection from others interfering in those actions

negative right

•  require duty bearers to refrain from doing something that can negatively impact the rights of the rights holders

  • Requires inaction

  • Ex. prohibitin gov from engaging in certain activities

natural rights

fundamental, universal, and inalienable rights inherent to all human beings by nature—not granted by government or culture—such as life, liberty, and property

normative claims

value-based assertions prescribing how individuals ought to be treated, rather than describing how they are treated

positive right

•  require action

  • ex. K-12 education (this is a right because you have to do something to achieve it - Department of Education)

privileges

based on status or rank; can be given and taken away; special advantage compared to others (not common, not universal, not available to everyone)

• ex. college

progressive realization

realization of human rights can be gradual, but over time and effort, that particular right can be realized

naming and shaming

strategic, public advocacy technique used by NGOs, international organizations (like the UN), and media to expose, document, and condemn specific governments or actors violating human rights

natural law

all humans possess intrinsic moral values that are right or wrong and form basis of just, civil societies

naturalist human rights

• scholars believe that HR exist absent of laws

  • Believe that HR are simply natural and founded in nature

  • HR are universal

normative explanations/claims

requires persons to identify facts and other normative inputs to ensure that conclusion remains valid when new issues or facts are added to a case

personhood

 person’s capacity to choose one’s own path thru life that is not to be dominated or controlled by someone or something else

protest-based scholars

•  suspect of existing HR laws

  • Look at development of HR laws as evolutionary, based on social struggles and aspiration based on learned tradition

  • HR protections and conditions have yet to be fully realized

  • HR are utopian project in making

rights claim

justified, enforceable demand by an individual or group against another party (usually the state) to act or refrain from acting in a certain way to protect fundamental dignity

rights holder

an individual, individual holds particular rights

r2p

responsibility to protect - not a law or convention; normative standard that mandates that states have responsibility to protect their citizens from mass atrocity-related crimes

social contract

 idea that there is an unwritten contract between persons and the state

UDHR

• created by UN in 1948

• Compilation of shared, universal HR that all humans should have, and all civil nations should aspire to meet and maintain

universality

all human beings are born with equal, inalienable rights, regardless of nationality, location, language, religion, or status

welfare rights

• concerned with well-being and happiness of people

  • Related to basic and economic needs

  • Ex. state ensuring people have access to adequate edu, food, shelter, medical assistance, and sufficient standard of living

What are human rights?  What are some of the basic ideas of human rights?

human rights: norms or moral principles that call for certain standards of equity and fairness in human behavior

Basic ideas: universal and inalienable; indivisible and interdependent; equality and non-discrimination

Explain the evolution of human rights

• plato raised ideas of state having duty to its people and prioritizes harmony

• aristotle wrote about what is naturally just; virtue can be achieved by being social animal and citizen of state

• 17th century (enlightenment) - social contract - John Locke

• declaration of independence - rights to liberty and equality

• response to WWII, UN adopted UDHR - estab global, legally influenced framework

1st gen: civil/political; liberty and participation, protecting indiv

2nd gen: eco/social/cultural; equality, social movements

3rd gen: solidarity; beyond 1st and 2nd gen; clean env or self-determination

What is the difference between a civil right and a human right?

HR: universal, inherent rights acquired by being born human; global

civil right: legal, state-oriented rights providing equal treatment and protection under specific laws; defined by law

What is inalienable right?

rights cannot be taken away, sold, or transferred

What is Agency?

individuals or groups to act independently to make own choices, influence own lives

What is a Right?

inalienable, universal, and fundamental entitlements inherent to all indiv, regardless of status, aimed at protecting dignity, freedom, and equality

What is a Privilege? What are some elements of  a privilege?

privilege: based on status or rank; can be given and taken away; special advantage compared to others (not common, not universal, not available to everyone)

Elements:

• not common or universal

• granted not earned

• related to preferred status or rank

• exercised for person’s benefit while others are excluded

• unaware we possess privilege

What is an Entitlement?

• perceived right to a benefit or a belief that one is deserving of something

• beliefs that a person deserves special treatment and that others and institutions will support those beliefs

What are some examples of a rights berear?

children, women, indigenous people, migrants, workers, and all human beings

Explain the social contract.

implicit agreement between citizens and their government, where people surrender certain rights and freedoms—like total liberty or personal retaliation—in exchange for social order, security, and the rule of law

What is the theory of natural law?

all humans possess intrinsic moral values that are right or wrong and form basis of just, civil societies

What are the three elements/ features of modern human rights?

• universality and inalienability - HR belong to everyone and cannot be taken away

• indivisible and interdependence - equal status and cannot be ranked & one right depends on the fulfillment of others

• equality and non-discrimination - all indiv are born free and equal in dignity and rights

What are some examples of human rights in the 18^th century?

• freedom of expression and religion

• liberty and security

• due process and legal equality

• property rights

• political participation

What are natural rights?

inherent, universal, and inalienable entitlements possessed by every human being by virtue of birth, existing independently of gov or legal system

What is natural law?

inherent, universal moral principles derived from human nature and reason, rather than by gov

Explain the term dignity.

state of being worthy of honor or respect

What is divine law?  How does it differ from natural law?

divine law:  scripture and teaching from church, people had basic duty to obey, regardless of actions of the sovereign

divine law - directly by God; specific moral and religious rules; god’s absolute will

natural law - god’s eternal law, written on human hearts and knowable; universal moral principles; universal and binding authority

How did Locke explain human rights?

• Argued that humans have certain inalienable rights bc they are human beings

• Birthrights are based on life, liberty, and property, and these natural rights cannot be taken away by gov

Explain progressive realization

international HR law requiring states to move as expeditiously as possible toward fully achieving economic, social, and cultural rights—such as health, education, and housing—using the maximum available resources, acknowledging that full attainment may take time. 

Explain indivisibility.  Are human rights indivisible?

indivisibility: all rights are equally important and essential

HR are indivisible

What is an inalienable right?

rights cannot be taken away, sold, transferred, or renounced by any indiv or state

Where do human rights come from?

ancient roots and philosophies, natural law theory, and horrors from WWII

Who grants civil rights?

government/nations

What is critical thinking?  What is the critical approach to explaining human rights?

critical thinking: questioning and judging an issue, fact, or prob and forming a logical conclusion based on sound, objective info

framing and reviewing normative framework

What is naming and shaming?

Publicly identifying ("naming") specific perpetrators of rights violations and condemning them ("shaming") to damage their reputation or authority.

What is the UDHR?

universal declaration of human rights: shared, universal human rights that all humans should have, and that all civil nations should aspire to meet and maintain

What is R2P?

responsibility to protect: normative standard that mandates that states have a responsibility to protect their citizens from mass atrocity-related crimes

Are human rights revolutionary according to Locke?

Yes

What makes a collective right “collective”?

collective rights are held, exercised, and enjoyed in a group/community rather than individually

What is the difference between a positive and negative right?

positive right: requires action to be taken

negative right: requires duty bearer to refrain from doing something that can negatively impact rights or right holders

What is an inherent right?

fundamental, essential, and natural entitlement that belongs to a person simply by virtue of being human

What organization is the leader of human rights in the world?

UN human rights office or UN human rights council

Are human rights conditional?

They are not in theory, but they are in practice

Who/what is a rights holder?

individual, group, or legal entity that possesses legal ownership, authority, or entitlement over specific rights

What are some liberty rights?

• first amendment freedoms

• right to privacy

• bodily integrity and personal security

• due process and fair trial

• property rights

• individual autonomy

• right to bear arms

What are some welfare rights?

• housing

• food

• healthcare

• income support

What is a civil right?

• granted and obtained by and from gov

  • Embodied in law thru state and federal constitutions and legal codes

Who is the holder of a right under the collective conception?

group as a whole

What rights are drawn from natural law?

• life

• liberty

• property

• equality and justice

• self-defense

What are liberty rights?

negative freedoms protected from arbitrary government interference, allowing individuals to act, think, and live according to their own choices

What is a negative right?

requires duty bearer to refrain from doing something that can negatively impact rights of right holder

What is a normative claim?

statement that makes a value judgment, asserting how things ought to be, what is good or bad, or what should be done, rather than just describing how things are

What are the three pillars of responsibility under R2P?

1. Reinforces state’s duties and obligations under international HR laws and principles to protect all populations within its own borders

2. Role of international community’s role in helping states to fulfil R2P thru capacity-building and assistance

3. Collective duty of other states to devise a timely and decisive response to issue, using approp diplomatic, humanitarian, peaceful, or coercive means to protect civilians when state fails to uphold its obligations

1926 slavery convention

defined slavery, did not ban slavery, pushed for abolishment

acts of aggression

aggressive acts against another state

advisory committee on the traffic in opium and other dangerous drugs (1925)

• address world-wide opium abuse problem

  • Tracks global opium production, regulates legitimate use, ensures treaty compliance, and encourages cooperation between nations

  • Annual reports were required from each league member

advisory committee on traffic in women and children (1921)

to combat human trafficking, acting as a technical organization to research, report, and advise on international efforts

atlantic charter

outlined shared goals of england and US in post-WWII world, including disarmament and collective security

breaches of peace

act has already occurred; disruptive and threatening behaviors to world peace

collective security

aggression or war against one member constituted aggression toward all members

committee of the protection of children (1924)

promote international cooperation for child welfare, culminating in the adoption of the Geneva Declaration of the Rights of the Child

commission on crime prevention and criminal justice (CCPCJ)

• 40 member states 

• Policymaking body in UN that is tasked with guiding UN in crime prevention, transnational crimes, and CJ policy

convention for the suppression of the traffic in dangerous drugs

treaty aiming to combat drug trafficking through international legal cooperation

council of the league of nation

• Composed of members of great powers - Great Britain, France, Italy, and Japan (permanent members)

  • Also composed of 10 non-permanent members

    • Based on group system: nations in specific geo area of world were allowed a fixed number of seats on council

    • They rotated and elected by general assembly for 3 year terms

• Votes need unanimous to move forward

• Required to meet once a year

• executive/decision-making component of league

• Advised and made recommendations to general assembly

• Council rules required cooling off period for states - after 3 months of council decision could parties resort to war

• Formed commissions

• Had enforcement powers

  • Authority to impose eco sanctions

counter-terrorism coordination compact

merge existing mandates to assist in counter-terrorism efforts around the world

court of international justice

• resolves any legal dispute between countries

• Did not have enforcement powers, only advisory opinions

• aka world court

covenant of the league of nations

• estab goals and structure of League of Nations

  • Contains 26 articles - found in Treaty of Versailles

• Main goals:

  • Prevent future wars

    • Promote disarmament among nations

    • Obligated to resolve disputes peacefully thru negotiation and arbitration 

  • Promote peaceful arbitration of disputes between nations

  • Create and promote a collective security system to safeguard international peace

decisions

•  formal action taken by UN bodies

  • Course of action that needs to be taken

  • Involve procedural matters that include time, place, or agenda for future session

  • Decisions can impact CJ operations

delhi declaration

• called member states to better prevent terrorism

  • Emphasized need to recognize continued and changing threat of terrorism thruout world where emerging tech including unmanned drones and social media concerns

doha declaration

• relationship between sustainable development and rule of law are closely interrelated and mutually reinforcing

  • Necessary policies and practices

  • Right to fair trial, reform legal aid, address corruption, protect children from violence and exploitation, consider gneder in CJ practice and policy, advance females within CJ system, and equality of all persons before law

doha declaration global programme

addresses sustainable development and rule of law by promoting judicial integrity, prisoner rehab, prevention of youth crime, and encouraging edu based on rule of law