Human Rights

Human rights are basic rights and freedoms that everyone should have just because they are human. These rights require that everyone be treated with dignity and respect. The main goal of human rights is to promote peace and fairness in the world, ensure everyone is treated equally, and stop the misuse of power. Human rights apply not only to governments but also in homes, schools, workplaces, and public places. They are universal, meaning they apply to everyone, no matter their nationality, ethnicity, religion, or gender. Governments have a legal and moral responsibility to respect, protect, and fulfill the human rights of all people within their control.

The Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) was formally adopted by the United Nations (UN) in 1948 with the help of Eleanor Roosevelt. This document lists the fundamental human rights needed for human dignity, such as the right to liberty, education, and freedoms like political and religious freedom. It also bans torture and supports everyone’s right to take part in decisions about their governance. Countries that are part of the UN recognize the UDHR as a key standard for human rights around the world.

Framework of Major Binding Treaties

The Universal Declaration of Human Rights serves as an important starting point for international human rights. However, it is not a law that can be enforced. To create laws that can be enforced, international treaties were made. Key treaties include:

  1. International Covenant on Civil and Political Rights - protects freedoms like speech, religion, press, and the right to a fair trial.

  2. International Covenant on Economic, Social and Cultural Rights - guarantees rights for basic needs like education, food, housing, healthcare, and fair working conditions.

  3. Convention on the Rights of the Child - protects children's rights to education and mandates their protection from exploitation.

United States Engagement and Legal Reservations

The United States has interacted with international human rights treaties in a selective way. While it agreed to the International Covenant on Civil and Political Rights, it has not ratified the International Covenant on Economic, Social and Cultural Rights or the Convention on the Rights of the Child. When the U.S. ratifies international agreements, it often adds legal "reservations," which are formal notes used to change or limit the legal effects of certain treaty parts. The main reason for these reservations is to protect the rights of individual states according to U.S. law.

Cultural Rights and Universal Human Rights Conflicts

The Universal Declaration of Human Rights includes cultural rights, which means everyone has the right to share and express their cultural heritage. However, problems can arise when cultural practices violate universal human rights. For example, practices like female infanticide go against the right to life. Therefore, international human rights organizations state that cultural rights are not absolute and cannot be used to justify actions that break basic human rights.

High School Law Coursework Framework

To help students learn and apply human rights ideas, the coursework has three parts:

  • Part 1: Independent research on human rights concepts and the Universal Declaration of Human Rights.

  • Part 2: Group work for analyzing and presenting case studies.

  • Part 3: A comprehensive reflection on legal applications related to human rights and case study results.