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Religious origins of human rights
Hinduism: promotes sacredness of life
Buddhism: teaches equality and compassion
Islam: proclaims ideas of charity and justice
Judaism: provides guidelines for ethical behavior
Christianity: teaches loving others as one would love oneself
Philosophic origins of human rights
Chinese philosophers: believed in a common humanity and promoted respect for others and the idea that the government exists to protect the well-being of its people
African philosophers: believed in protecting the well-being of individuals from those in positions of power
17th and 18th century philosophical influence
Enlightenment thinkers establish the idea of:
Natural rights: life, liberty, property
“Men are born free, equal, and entitled to certain rights and liberties”
Natural rights
These are beyond the reach of government
Governments exist to protect the rights of its citizens and that these citizens should elect their leaders
“Whenever any form of government because destructive of these ends, it is the right of the people to alter or abolish it, and to institute a new government”
Needs are different to wants, wants are not necessary for a person to survive, grow, and develop
World Changing Documents
U.S. Constitution and Bill of Rights
Declaration of Independence
French Declaration of the rights of Man and Citizen
Change the way citizens interacted with the government
Gave hope to all human beings that freedoms were their rights on this earth
League of Nations
First global organization to bring many human rights issues such as the rights of the child and unequal treatment of women to the attention of the global community
The turning point: WWII
The Rape of Nanjing, China
Widespread rape and killing of Chinese civilians at the hand of Imperial Japanese soldiers
The Holocaust
Widespread, systematic murder of Jews, political dissidents, gypsies, homosexuals, others
The global reaction to these atrocities helped create the modern human rights movement
Immediate response to Japanese and German atrocities
Japanese and Nazis tried for “crimes against peace, crimes against humanity, and violating the rules of war”
2 main defense arguments in the German Tribunals held at Nuremberg, Germany: state sovereignty/just following orders. Neither worked
Groundbreaking Rule of Law are established during these tribunals
Certain acts are so horrendous they should be considered crimes even in countries that don’t have laws against those crimes
Government leaders no longer immune to punishment. "Just following orders” no longer a valid response
Eroded the idea that state sovereignty is absolute
The Universal Declaration of Human Rights (UDHR)
Developed by the United Nations in 1948
New era of human rights
Used to hold leaders accountable for their human rights violations in their countries
Goal, Challenges, and Resources of the UDHR
Goal: To set universal, global expectations of individual rights and freedoms
Challenge: Include values/rights that would be compatible with many different regions, cultures, and political systems
Resources: The authors consulted political scholars, religious leaders, and philosophers
UDHR contention (Cold War connections)
USA (and Great Britain) argued for civil and political rights (focus on liberties)
The Soviet Union (and many Latin American nations) argued for social welfare provisions to be included (focus on economics)
Did the UDHR place legal obligations on its signatories?
No, its purpose is to put political and moral pressure on countries to change their human rights practices
Impact of colonialism
Western colonialism was still there in 1948
Powerful countries of the West were imposing their ideas/values on others
Legally binding treaties
18 years after UDHR
1966:
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
Took 10 years for either of these two treaties to get enough signatories to enter into force
Many countries were very comfortable pledging their support for UDHR due to its non-binding status
These new legally binding covenants were viewed as a violation of their state sovereignty
International Bill of Human Rights
UDHR
ICCPR
ICESCR
1993 Vienna World Conference on Human Rights
Cold War had recently ended
Makes room in the international discussion for more compressive attention to understanding and protecting human rights
Attended by 171 countries and 840 NGOs (non-gov. organizations-nonprofit)
Strengthened the commitment of the international community to human rights
Rome Statute established the International Criminal Court (ICC)
A permanent criminal court created in 1998
Tries individuals accused of genocide, crimes against humanity, and human war crimes
125 countries have adopted the agreement
China, Russia, India, and the US refused to join
This has been criticized by the international community
US opposition to the ICC
The language of the treaty is unclear and could allow for politically motivated prosecutions of US citizens
Certain rights protected by the Constitution such as a right to a jury of your peers would be lost
It is seen by many experts to be a violation of state sovereignty
Classification
Uses the idea of “us vs them”
Distinguishing by nationality/ethnicity/religion
Example: Belgian colonists believed Tutsis were naturally superior to Hutus, Tutsi were treated better, Hutu targeted Tutsi
Symbolization
The creation of various labels for different groups in society
Types of dress, group uniforms, colors, religious symbols
Example: Rwanda—ethnicity being noted on ID cards
Discrimination
A dominant group uses law, custom, and political power to deny the rights of other groups
Powerless group may not be accorded full rights
Example: Nazi German Nuremberg Laws
Dehumanization
One group denies the humanity of another group, makes victim group seem subhuman
Overcomes the normal human revulsion against murder
Example: Hate propaganda, members of victim group described badly
Organization
Is a group crime, state organizes/arms/financially supports the groups that conduct the genocidal massacres but it is less centralized
Plans and secret police
“Hutu power” elites armed youth militias
Polarization
Extremists drive the groups apart, hate groups broadcast polarizing propaganda, laws against intermarriage/social interaction, political moderates silenced
Attacks staged/blamed on targeted group)
Cultural centers of groups are attacked
Preparation
Members of victim group forced to wear identifying symbols, victims separated because of ethnic/religious identity, perpetrator “ethnic cleansing”
Weapons imported/extermination camps
Persecution
Basic human rights are systematically violated, death lists, still forced to wear symbols, property taken, segregated or deported to camps
Extermination
Conducted mostly by militias funded by government
Denial
Always found during and after events, denies the event
Types of denial
Deny the evidence
Attack the truth-tellers
Deny genocidal intent
Blame the victims
Deny for current interests
Deny facts fit the legal definition of a genocide
Deny the evidence
Deny that there was any mass killing at all, question statistics, destroy evidence
Attack the truth-tellers
Attack the motives of truth-tellers, point out atrocities
Deny genocidal intent
Claim that deaths were inadvertent, blame out of control forces or ancient ethnic conflict
Blame the victims
Emphasize strangeness, claim disloyal insurgents, claim civil war
Deny for current interests
Sometimes by other powers not the perpetrators, avoid upsetting peace process, deny for benefits of relations
Deny facts fit the legal definition of a genocide
Not actually a genocide, etc.
Why does genocide continue to occur even after the Modern Human Rights Movement?
This is because state sovereignty blocks UN from interfering