Notes on International Human Rights (Sixth Edition) - History and Theory

History and Theory

  • Book context and purpose (Preface):
    • Focus on international politics of human rights since WWII; humans’ rights are largely tied to how states treat their own citizens domestically, but the book analyzes international, regional, and transnational actions.
    • It argues international action has limits; rights are realized most in domestic politics, but international norms matter and can influence national practices.
    • Distinctive features highlighted:
    • Strong emphasis on theory and history (Part I) before case studies and contemporary issues.
    • Part II analyzes multilateral, bilateral, and transnational action; includes many revised chapters with new case studies post–Cold War.
    • Part III covers four contemporary issues (humanitarian intervention, globalization, development, counter-terrorism and human rights).
    • The development of a new development chapter; a brief future-oriented conclusion invites readers to form their own judgments.
    • The book is designed to be accessible to readers with little background; key terms are bolded for glossary integration; it avoids dumbing down content while remaining readable.
    • Structure allows independent reading of chapters, case studies, and problems; cross-references link relevant sections.
    • Readers are encouraged to engage critically and to consider why/how human rights are violated and what international, regional, and national actions can do.
  • Book structure and features (Preface):
    • 16 case studies (historical and contemporary) scattered throughout the chapters.
    • 11 “Problems” spread through the volume (discussion questions plus authors’ answers and follow-up questions).
    • For each chapter, plus case studies and problems, there are discussion questions and suggested readings to promote deeper examination.
  • Part I overview: History and Theory
    • Chapter 1 examines the historical development of international human rights since WWII.
    • Chapter 2 addresses philosophical questions about the nature, substance, and sources of human rights; the place of HR in the international society of states; challenges from cultural relativism and realism.
    • Chapter 3 explores universality and relativity of human rights.
    • Chapter 4 explores unity/indivisibility of human rights, with emphasis on civil/political vs economic/social rights.
  • Part II overview: Multilateral, Bilateral, and Transnational Action
    • Examines global multilateral mechanisms, regional regimes, foreign policy action, U.S. policy, and transnational advocacy; includes revised content and new case studies after the Cold War.
    • Chapters cover: global multilateral mechanisms, regional regimes, human rights and foreign policy, U.S. foreign policy, transnational advocacy, and related case studies.
  • Part III overview: Contemporary Issues
    • Covers humanitarian intervention, globalization, development, and counter-terrorism and human rights; includes revised chapters and new case studies; development chapter is new in this edition.
    • A closing section offers frameworks to assess the aims and values of human rights in the modern world.
  • Core book claims about the HR regime
    • There is a robust global HR regime post–WWII, but states retain primary responsibility for implementing HR in their territories.
    • Implementation is largely national despite wide international endorsement.
    • The regime’s strength is normative and political; enforcement mechanisms are comparatively weaker.

The Emergence of International Human Rights Norms

  • Precursors and early movements
    • Before WWII, there were historical precursors (e.g., protections for religious and linguistic minorities in early modern treaties; abolition campaigns; workers’ rights via the ILO after WWI).
    • The Covenant of the League of Nations did not include the term “human rights,” reflecting sovereignty norms of the era.
    • Sovereignty and nonintervention were central to international relations for centuries; domestic rights were seen as internal matters.
  • WWII and forging a new order
    • WWII and the Holocaust catalyzed a shift toward international action on human rights.
    • Franklin D. Roosevelt’s Four Freedoms (speech, religion, from want, from fear) framed Allied aims; the Atlantic Charter (Aug 1941) elaborated war aims.
    • The 1942 United Nations Declaration asserted rights to life, liberty, independence, religious freedom, and justice, underpinning postwar planning.
    • The Holocaust and genocide mobilized broad support for international action; Nuremberg Trials established accountability for crimes against humanity rather than states per se.
  • UN Charter and institutionalization of HR
    • Postwar planning culminated in the UN Charter (adopted 1945) with objectives including upholding fundamental human rights and promoting international cooperation to realize them.
    • The UN established the Commission on Human Rights (ECOSOC) in 1946 to draft an international bill of rights, including a declaration of principles and a binding treaty.
    • By 1948, the Universal Declaration of Human Rights (UDHR) was completed and adopted by the General Assembly on December 10, 1948 (Human Rights Day).
    • Key drafting contributors included John Humphrey (Canada), René Cassin (France), Peng-chun Chang (China), Charles Malik (Lebanon), Hernán Santa Cruz (Chile), and Eleanor Roosevelt (USA).

The Universal Declaration

  • UDHR adoption and voting details
    • Adopted on December 10, 1948.
    • Vote: 48 in favor, 0 opposed, 8 abstentions; Saudi Arabia abstained due to a clause on religious conversion; South Africa abstained due to racial equality provisions; the six Soviet bloc states abstained for being insufficiently detailed about duties of individuals toward states.
    • Despite decolonization at the time, broad global endorsement persisted; Bandung (1955) endorsed it, and many independence constitutions referenced it.
  • Foundation and structure
    • Article 1: All human beings are born free and equal in dignity and rights; they have reason and conscience and should act toward one another in a spirit of brotherhood.
    • Article 28: Everyone is entitled to a social and international order in which the rights and freedoms set forth in the Declaration can be fully realized.
    • Articles 2–27: A comprehensive set of civil, political, economic, social, and cultural rights; includes rights to life, liberty, security, non-discrimination, participation, work, education, social security, cultural life, and family life, among others.
    • UDHR remains the most authoritative statement of international human rights norms and is the most translated document in human history (~522 official translations).
  • Legal status
    • The UDHR itself is not legally binding; it is described as a common standard of achievement for all peoples and nations.
    • It laid the groundwork for binding instruments that followed (the Covenants).

The Covenants

  • From UDHR to binding treaties
    • The initial 1947 draft Covenant on Human Rights was brief (18 articles) and focused on civil rights.
    • By 1950, there was a push to include economic, social, and cultural rights; disagreements about monitoring, adjudication, and reporting led to calls to split the Covenant.
    • In 1952, the UN General Assembly directed the creation of separate Covenants for civil/political rights and for economic, social, and cultural rights; the two Cov enants would be adopted simultaneously to preserve unity.
  • The core division and its political dynamics
    • The major split was not strictly East-West ideological; the core disagreement centered on monitoring/oversight and enforcement mechanisms under UN auspices.
    • The Soviet bloc rejected UN monitoring; many Western states preferred advisory UN roles and national implementation without strong enforcement.
    • Cold War dynamics influenced U.S. positions; debates on rights categories and the UN’s role persisted into later decades.
  • Key milestones in the Covenant process
    • 1954: Draft covenants completed and sent to the General Assembly.
    • 1963: Declaration on the Elimination of All Forms of Racial Discrimination (CERD) adopted; followed by a binding treaty in 1965.
    • 1966: International Covenant on Economic, Social, and Cultural Rights (ICESCR) and International Covenant on Civil and Political Rights (ICCPR) adopted.
    • The Covenants, together with the UDHR, form the International Bill of Human Rights.
  • The International Bill of Human Rights
    • Combines the UDHR, ICESCR, and ICCPR as the foundational set of international HR norms.
    • They establish minimum guarantees and set the stage for state obligations, including reporting and monitoring processes.
  • Subsequent developments related to the Covenants
    • The Covenants reaffirm and elaborate on UDHR rights, including self-determination and protections for various groups; they also specify duties of states and the rights of individuals within a binding framework.

The 1970s: From Standard Setting to Monitoring

  • From norms to state obligations
    • The UDHR and Covenants are normative standards; their power to enforce depends on states’ willingness to comply and to submit to reporting/monitoring.
    • Ratification enables states to participate in periodic reporting; however, enforcement remains limited without robust enforcement mechanisms.
  • Monitoring begins
    • 1967: ECOSOC Resolution 1235 authorized the Commission on Human Rights to discuss human rights violations in particular countries.
    • 1969: The Convention on the Elimination of All Forms of Racial Discrimination (CERD) enters into force, requiring periodic state reports.
    • 1970: ECOSOC adopts the so-called 1503 procedure, enabling confidential investigations of patterns of gross violations; this marked a modest but concrete shift toward monitoring.
  • National foreign policy and NGOs
    • The 1970s saw HR concerns increasingly integrated into bilateral foreign policies (notably the United States, with broader adoption in other states).
    • Nongovernmental organizations (NGOs) gained prominence; Amnesty International (AI) became a leading force, winning the Nobel Peace Prize in 1977 and growing to millions of members/supporters.
    • The chapter highlights the rise of transnational advocacy and the expanding influence of NGOs in monitoring and pressuring states.
  • Case studies and scope
    • The 1970s set the stage for increased scrutiny of human rights practices through new mechanisms and advocacy networks; these trends continue to shape Chapter 9 and beyond.

The 1980s: Further Growth and Institutionalization

  • New treaties and institutions
    • 1979: Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
    • 1984: Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT).
    • 1989: Convention on the Rights of the Child (CRC).
    • 1990: Convention on the Protection of Migrant Workers (CMW).
    • An independent ECOSOC committee on Economic, Social and Cultural Rights (CESCR) was established, complementing the Human Rights Committee (HRC) for ICCPR oversight.
  • Monitoring and enforcement advances
    • The Human Rights Committee (HRC) emerged to monitor ICCPR implementation; ECOSOC’s involvement deepened, expanding the review of state periodic reports.
    • Multilateral and bilateral efforts intensified; external actors (EU, Netherlands, Norway, Canada) integrated HR concerns into external relations.
  • Global political shifts
    • The 1980s saw a dramatic decline in repressive dictatorships in Latin America and parts of Eastern Europe; notable Soviet bloc transitions began in the late 1980s.
    • Tiananmen Square (1989) represented a significant HR setback in China; nevertheless, broader global HR norms continued to grow.
    • The decade ended with dramatic political changes in Central and Eastern Europe (1989–1991) and the dissolution of the Soviet Union in 1991, reshaping the regional HR landscape.
  • Cross-cutting trends
    • Expansion of HR discourse in bilateral and regional fora; increased NGO engagement; the EU’s external relations began to embed HR concerns more systematically.

The 1990s: Consolidating Progress and Acting Against Genocide

  • Regional and global HR progress
    • Latin America and Central/Eastern Europe experienced substantial liberalization and democratization; some countries achieved full democratization, while others faced fragile transitions.
    • Africa saw mixed progress; liberalization increased in some countries but violations persisted in others.
    • Asia presented a mixed picture with examples of reform alongside ongoing repression.
  • Notable geopolitical events and HR milestones
    • Vienna World Conference on Human Rights (1993) produced the Vienna Declaration and Programme of Action, asserting HR universality and the indivisible, interdependent nature of rights; it also highlighted violence against women as a HR issue.
    • The Office of the High Commissioner for Human Rights (OHCHR) was established (1993), expanding multilateral monitoring and advocacy.
    • Ad hoc international tribunals for the former Yugoslavia (1991) and Rwanda (1994) reanimated the Nuremberg precedent by prosecuting individuals for war crimes and crimes against humanity; this set the stage for the Rome Statute (1998) and the International Criminal Court (ICC, 2002).
    • Kosovo (1999) and East Timor (1999) interventions contributed to a practice of humanitarian intervention against genocide and mass atrocities.
  • Human rights and foreign policy integration
    • HR concerns become more embedded in bilateral foreign policy across a broader set of states; transnational NGOs gain prestige and influence; HR norms increasingly shape state practice and international institution-building.

Human Rights in the Twenty-First Century

  • Contemporary trajectory (early 2000s–late 2010s)
    • The early 21st century presents a mixed record: some regions show continued progress, others face backsliding, and conflicts (e.g., Syria) severely affect HR conditions.
    • The global “war on terror” raised concerns about HR tradeoffs in counter-terrorism policies; some regimes leveraged anti-terror rhetoric to justify rights abuses, while others used terrorism concerns to bolster HR protections.
    • In liberal democracies, some civil and political rights faced temporary infringements in response to security concerns; detention and extraordinary rendition debates highlighted tensions between security and rights.
    • Globalization poses a structural challenge by potentially eroding revenue bases for social and economic rights, as state capacity to fund welfare programs may be strained; no clear alternative funding mechanism has emerged.
  • State sovereignty and the HR regime in the face of globalization
    • The text argues that globalization declines state capacity in some respects, challenging implementation of economic and social rights; HR norms nonetheless provide a framework for accountability and advocacy.
    • The global HR regime asserts that sovereignty cannot be a blanket shield from international scrutiny, especially in cases of genocide and serious mass violations.
    • The Vienna Declaration (1993) and subsequent instruments reaffirm universal, indivisible, interdependent, and interrelated HR rights and emphasize the need for stronger monitoring and advocacy.

The Global Human Rights Regime

  • Core architecture of HR law
    • Seven core treaties (as part of a broader regime of 100+ HR treaties) are typically highlighted as foundational:
    • The two 1966 Covenants: ICCPR and ICESCR
    • CERD (1965)
    • CEDAW (1979)
    • CAT (1984)
    • CRC (1989)
    • CRPD (2006)
  • State participation and ratification
    • As of August 2019, these core treaties averaged about 179179 state parties, reflecting a high ratification level and broad international acceptance.
    • This figure indicates a 93% ratification rate across core treaties; this demonstrates widespread formal commitment but does not automatically translate into full compliance or effective enforcement.
  • International vs national implementation
    • Although the HR regime is highly internationalized, its implementation remains almost exclusively national: states interpret and apply their international obligations within their own legal orders.
    • The system relies on national implementation, with international advocacy, monitoring, reporting, and case-specific mechanisms providing pressure and support rather than direct enforcement.
  • Practical significance of international HR norms
    • Even repressive states often participate in HR treaties, because endorsement helps legitimate governance and offers a platform for criticism or protest; it also shifts the burden of proof to states when abuses occur.
    • The framework provides a shared language and legitimacy for advocates and international actors to challenge rights violations and to mobilize collective action.
  • The normative momentum of HR norms
    • The global HR regime has achieved wide endorsement and acceptance that human rights are a legitimate subject of international politics, even if sovereignty remains a constraint on enforcement.
    • There is a growing consensus that sovereignty is conditional, especially when facing egregious violations (e.g., genocide), although practice and politics remain complex.
  • Important strategic implications
    • International HR norms empower advocates and NGOs by providing a binding/internationally recognized framework that states themselves have signed onto.
    • The regime supports cross-border advocacy, public accountability, and normative pressure that can influence national policies and actions.
  • Key takeaway about the regime
    • While there are significant limitations in enforcement and practical implementation, the HR regime constitutes a robust global normative order that shapes state behavior, international relations, and domestic policy discussions.

Abbreviations and Key Concepts (selected)

  • Abbreviations (a representative sample drawn from the book’s list):
    • AI: Amnesty International
    • OHCHR: Office of the High Commissioner for Human Rights
    • HRC: Human Rights Committee
    • UN: United Nations
    • EU: European Union
    • ICC: International Criminal Court
    • ICCPR: International Covenant on Civil and Political Rights
    • ICESCR: International Covenant on Economic, Social, and Cultural Rights
    • CERD: Convention on the Elimination of All Forms of Racial Discrimination
    • CEDAW: Convention on the Elimination of All Forms of Discrimination Against Women
    • CAT: Convention Against Torture
    • CRC: Convention on the Rights of the Child
    • CMW: Convention on the Protection of Migrant Workers
    • CRPD: Convention on the Rights of Persons with Disabilities
    • NGO: Nongovernmental Organization
    • OHCHR: Office of the High Commissioner for Human Rights
    • CFR: (not listed here; included for context in broader HR discourse)
  • Important HR documents and structures
    • UDHR: Universal Declaration of Human Rights (1948)
    • ICESCR: International Covenant on Economic, Social, and Cultural Rights (1966)
    • ICCPR: International Covenant on Civil and Political Rights (1966)
    • CERD: International Convention on the Elimination of All Forms of Racial Discrimination (1965)
    • CRC: Convention on the Rights of the Child (1989)
    • OHCHR: Office of the High Commissioner for Human Rights (established 1993)
    • HRC: Human Rights Council (replacing the Commission on Human Rights in 2006)
    • 1503 procedure: ECOSOC mechanism for confidential investigations of egregious violations (1970)
    • Vienna Declaration and Programme of Action (1993)
    • Rome Statute/ICC: Establishing the International Criminal Court (1998/2002)

Table-style references (from the text)

  • Table 1.1: Internationally Recognized Human Rights (components of the International Bill of Human Rights)
    • Rights listed include: Equality without discrimination, Life, Liberty and security of person, Protection against slavery, Prohibition of torture, Recognition before the law, Equal protection, Access to remedies, Protection against arbitrary arrest/detention, Independent judiciary, Presumption of innocence, Privacy, Freedom of movement, Asylum, Nationality, Family life, Property, Freedom of thought/religion, Freedom of expression, Freedom of assembly, Political participation, Social security, Work under favorable conditions, Free trade unions, Rest and leisure, Adequate food, clothing, housing, Health care and social services, Special protections for children, Education, Cultural life, and a social/international order to realize rights, Self-determination, Humane treatment in detention, Protection against deportation, Protection against discrimination based on racial or religious hatred, Protection for minority culture. (D = UDHR, E = ICESCR, C = ICCPR)
  • Table 1.2: Key Dates in the Evolution of International Human Rights Norms and Institutions
    • 1941 Jan: Roosevelt’s Four Freedoms; 1941 Dec: Atlantic Charter; 1942: Declaration by United Nations; 1945: UN Charter adopted; 1946: UN Commission on Human Rights created; 1948: UDHR and Genocide Convention adopted; 1950: include economic and social rights in Covenant on Human Rights; 1952: Covenant split into separate treaties; 1954: covenants drafting completed; 1965: CERD; 1966: ICESCR and ICCPR adopted; 1968: Tehran HR conference; 1969: CERD enters into force; 1970: 1503 mechanism; 1975: Helsinki Accords link HR to security; 1976: Covenants in force; 1977: AI Nobel Prize; 1979: CEDAW; 1981: CEDAW in force; 1984: CAT; 1987: CAT in force; 1989: CRC; 1990: CMW; 1993: Vienna Conference; OHCHR established; 2003: CMW in force; 2006: HRC replaces the Commission; 2006: CED and CRPD adopted; 2008: CRPD in force; 2010: CED enters into force.

Appendix: Short note on the Preface’s direction for readers

  • For newcomers: start with Chapter 1 to ground in historical development, then proceed by topics of interest or instructor guidance.
  • The authors emphasize critical engagement and awareness of their interpretations, while maintaining rigor and fairness.
  • The volume foregrounds cross-cutting methodological questions and encourages readers to think about the aims and limits of HR in contemporary world politics.