Unit 2: Human rights

rights

rights

(Noun) something that you are morally, legally, or officially allowed to do or have

violate

(Verb) to disobey or do something against an official agreement, law, principle etc

United Nations or The UN

(Noun) an international organization that tries to find peaceful solutions to world problems

discrimination

(Noun) the practice of treating one person or group differently from another in an unfair way

intolerance

(Noun) unwillingness to accept ways of thinking and behaving that are different from your own

equality

(Noun) a situation in which people have the same rights, advantages etc

universal

(Noun) involving everyone in the world or in a particular group

trafficking

(Noun) the buying and selling of illegal goods, such as drugs and people

slave

(Noun) someone who is owned by another person and works for them for no money

Article 3

Right to Life

Article 12

Right to a Private life

Article 4

Freedom from slavery

Article 1

Right to equality

Article 11

Right to be innocent until proven guilty

Article 14

Right to asylum

Indivisible

All rights are of equal importance and cannot be arranged into a hierarcy

Inalienable

Rights cannot be taken away as all human beings are entitled to them

Interdependent

Idea that by defending one right it will help with protection of others

Negative rights

Rights that require individuals to be left alone and not interfered with

Positive rights

Rights that require governments to provide services to better peoples' lives

Justice

Concept of fair treatment for all regardless of race, age etc

Rule of law

idea that no one is above the law, there is the right to fair trial, all are subject to the same law

Liberty

Concept of allowing individuals the right to live a life without interference

First generation rights

Rights focusing on protecting an individual from negative interference from the state, mostly negative rights

First generation rights are articles

3 to 21 of the UN declaration

Second generation rights

Focus on social and economic development, rights to fair conditions and equal treatment, positive rights

Second generation rights are articles

22 - 27 of the UN declaration

1948

When the UN declaration on rights was agreed

Eleanor Roosevelt

Chair of the drafting committee of the UN declaration of Human Rights.

18

Number from different political, cultural and religious backgrounds who drafted the UDHR

Equality

Idea that all people are treated the same

Third generation rights

Collective Human rights that may apply at a global level

Rio declaration on the environment

Example of third generation rights in action

HRW

Human Rights Watch

Amnesty

NGO that specialises in raising awareness of rights abuses around the world

Codified

Something that is enshrined within law and prosecutable

ICC

International Criminal Court

ICJ

International Court of Justice

Cyrus cylinder

One of the first examples of a rights document

Magna Carta

1215 - British example of a rights document, guaranteed first gen. rights on land

Chapter 2

Enshrines the bill of rights into South Africa's consitution

Rome Statute

Created the ICC that can prosecute signatories who commit crimes against humanity

Al Bashir

Sudanese president wanted under the Rome statute

Thomas Lubanga

Sentenced by the ICC for use of child soliders

Promotion

Role of NGOs in ensuring Human Rights are championed

UNHCR

UN High Commission for Human Rights

UNHCR

Role is to monitor Human Rights

UDHR

Set of guiding principles on Human Rights, not law

China, Russia, USA

Have not signed the Rome Statute

European Convention on Human Rights

Regional document that is legal binding on member states

Right of UK prisoners to vote

A case where the ECHR overruled UK law to promote this right

Cultural Relativism

Theory that ideas and norms should reflect different cultures and not be universal

Guardianship system

Example of denial of rights in Saudi Arabia that some justify using cultural relativism

Banjul Charter

Took into consideration the idea of collective rights

Politicisation of rights

Criticism of Human Rights that promotion of them can be used to push political motives e.g. sanctions against N.Korea

Same Sex Marriage

One example of a claim on Human rights, Australia recently adopted after a referendum

Locke

Considered the ideas of life, liberty and the pursuit of happiness which became the foundation of the US declaration of rights

Indigenous

groups of people who may have their own language, small population and distinct cultural traditions

Multilateral

Groups of states working together

Bilateral

Two states working together

Letter writing

Strategy adopted by Amnesty to raise awareness of rights abuses e.g. in Apartheid S.A.

Natural Rights

the idea that all humans are born with rights, which include the right to life, liberty, and property

Universalism

Idea of certain values or norms applicable to all people

Example of first generation rights

life, liberty and property. Freedom from arbitrary arrest.

Example of second generation rights

Social security, work, access to healthcare

Example of third generation rights

Peace, development, environmental protection

ICCPR

International Covenant on Civil and Political Rights

Examples of things covered by the ICCPR

Free speech, forced marriage, racial profiling

ICESCR

International Covenant on Economic, Social and Cultural Rights

ICESCR

Stressed the protection and promotion of positive economic, cultural, and social rights that government should provide its people

ICCPR

Stressed the protection of negative political and civil rights from government infringement

Examples of things covered by ICESCR

Withdrawal of healthcare, wage disputes, Child labour

CEDAW

Convention on the Elimination of All Forms of Discrimination Against Women

CEDAW

Aimed to protect equality of women legally

UNCRC

guiding principles- children have voice, no discrimination, survival and development, protection, participation

UNCRC

United Nations Convention on the Rights of the Child

State that has not ratified the UNCRC or CEDAW

USA

Number of security council members prosecuted in the ICC

0

Argument on rights being politicised

Human Rights are used by a tool of the West to criticise developing nations

Example of politicisation of rights

US criticism of North Korea / China (Xinjiang)

Binding convention on rights

European Convention on Human Rights

ECHR

European Convention on Human Rights

African Charter on Human and Peoples' Rights

an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent

Example of specific issue handled by the African charter

Female Genital Mutilation

Example of state that has Human Rights codified in their constitution

South Africa

codified

Written into law

UN Human Rights Council

Responsible for monitoring and upholding Human Rights

relativism

Argument that rights should be modified to take account the differences in cultures

Judiciary

Judges who are responsible for interpreting laws

Executive

Propose laws

Legislature

Vote on / amend laws

Responsibility to Protect

A doctrine that says the United Nations must protect people within a state when that state violates or fails to uphold the rights and welfare of its own citizens.

Tribunal on war crimes

Rwanda / Yugoslavia

Geneva convention

A set of international standards of conduct for treating prisoners of war and how war should be conducted

First Geneva Convention

Protects wounded and sick soldiers on land during war

Second Geneva Convention

Protects wounded, sick and shipwrecked military personnel at sea during war

Third Geneva Convention

Regulates the treatment of prisoners of war

Fourth Geneva Convention

Regulates the treatment of civilians in times of war

2.1 Key Concept: Human Rights

Human rights are indivisible rights, which all human beings are entitled to by virtue of their humanity without discrimination.

What makes human rights?

1. Indivisible

2. Inherent

3. Inalienable

4. Interdependent

5. Universal