Rights and Justice

Contested meanings of rights, justice, liberty and equality

• The idea of contested meanings in rights justice, liberty and equality means that these concepts do not have a single, universally agreed-upon definition. Instead, different societies, cultures, ideologies and historical contexts shape how they are understood

What are human rights?

• Human rights are the rules that govern how individuals and groups should be treated by states and other actors based on what society considers a decent or essential life. These rules are part of international and national law, which include mechanisms to hold violators accountable and may include assistance for victims.

Universality of human rights

• Human rights must be afforded to everyone, without exception. People are entitled tp these rights, simply by virtue of being human.

Indivisibility of human rights

• Human rights are indivisible meaning they are equally important and interconnected. No single right should be prioritised over another, and the realisation of one right often depends on the realisation of others.

Inalienability of human rights

• Human rights are absolute or inalienable, meaning they are inherent to every human being and cannot be bought, sold, removed or transferred.

Positive rights

• Positive rights require action and intervention by others, often states, to be fulfilled. Positive rights are about being provided with certain benefits and/ or services. For example, access to healthcare, education, etc.

Negative rights

• Negative rights require others to abstain from interfering with the individuals actions. For example, the rights to free speech, requires governments or others to refrain from censoring or restricting individuals from expressing themselves.

Individual rights (political liberalism- Locke)

• Focuses on personal freedoms like speech, religion and property. The governments role is to protect these rights without interference.

Collective rights (democratic egalitarian - Roussou)

• Emphasise social equality and community decision-making, arguing that true freedom comes from ensuring that everyone can fully participate in society

First generation rights

• Civil and political rights, focusing on individual liberties such as the right to life, property and arbitrary arrest

Second generation rights

• Economic, social and cultural rights emphasising equality through rights to work, healthcare, social security and education.

Third generation rights

• Collective developmental rights, addressing collective issue like self-determination, peace development and enviromental protection.

International Human Rights Law (covenants)

• 1. The international covenant on civil and political rights

• 2. The international covenant on social, cultural, and economic rights

Universalism

• Universalists believe all humans share a common humanity, entitling them to the same inalienable rights and freedoms, regardless of differences

Relativism

• Argues that nothing is universal among humans and all values are created by culture. Because there is no universal culture, there can be no universal values.

Justice

• Associated with fairness. The endless process of giving everyone what they deserve.

Retributive justice

• A legal concept whereby the criminal offender receives a punishment proportional or similar to the crime they committed.

Dispensing authority

• Dispensing authority refers to the role of judicial institutions—such as courts, judges, and juries—in interpreting and enforcing laws. Their legitimacy is crucial to human rights, as they ensure justice and protect individual rights under the law.

Distributive justice

• Concerned with how to allocate resources fairly among members of a society, taking into account factors such as wealth, income, and social status.

Declaration

• Is passed as a resolution by the UN General Assembly by a simple majority vote. They are not law and states are not legally obligated to enforce them

Instrument

• Is also passed as a resolution by the UN General Assembly by a majority vote, but is a law.

Ratification

• Refers to the process of formally accepting a treaty in atsates own govemrent. This usually requires formal consent by a governing body (eg. Parliament, congress). Once ratified the national government informs the UN of formally accepting the treaty leading to it becoming legally binding.

Protection of HR on a national level

• States enforce their own human rights laws through local and national court systems.

Protection of human rights on an international level

• There are several overlapping international organisations tasked with protecting and enforcing human rights:

• International court of justice (ICJ)

• International criminal court (ICC)

• European court of human rights (ECHR)

• These courts are last resort, only used if a states unqilling or uncapable to protect human rights within its borders

Monitoring human rights

• Institutional approach: Governments, international organizations, and the UN (e.g., UNHRC, OHCHR).

• Non-institutional approach: NGOs (e.g., Human Rights Watch, Amnesty International) and civil society activism.

Sanctions

• A common tool used by states to influence the behaviour of other states. It generally defined as a punishment or - freezing financial assets, banning exports of critical technologies, goods or resources, Banning individuals from international travel

Politicisation

• Is when human rights are used selectively or as a tool for political or economic gain rather than genuine concern.

The case against politicisation

• Some actors accuse others of human rights violations dishonestly, using the issue for their own agenda or selectively applying it. Human rights are sometimes a pretext for sanctions and power moves.

The case for politicisation

• Authoritarian states argue that human rights accusations from democracies are really attempts to push for regime change, especially when they face criticism for detaining activists and protestors.

Needs-based justice

• Everyone shouldn’t get the same, because needs are different for everyone

• Equity

Merit-based justice

• Justice actually means giving unequally, based on what each person deserves

• Equality

Veil of ignorance

• Removes personal biases, compelling individuals to consider the interests of  all members of society, ensuring equitable policies and institutions