Human rights review

HUMAN RIGHTS

Human Rights

Human rights are basic claims and entitlements that, many argue, one should be able to exercise simply by being a human being. Many contemporary thinkers argue they are essential for living a life of dignity, are inalienable, and should be accepted as universal. The Universal Declaration of Human Rights adopted by the UN in 1948 is recognized as the beginning of the formal discussion of human rights around the world. Critics argue that human rights are a Western, or at least culturally relative, concept.

Summary: Human rights are fundamental claims that everyone should be entitled to simply by being human, essential for dignity and considered universal by many. The UN's Universal Declaration of Human Rights from 1948 marks the start of formal human rights discussions globally, although critics argue these rights reflect Western cultural values.

Justice

There are several different interpretations of the concept of justice. It is often closely associated with the idea of fairness and with individuals getting what they deserve, although what is meant by deserve is also contested. One avenue is to approach justice through the idea of rights, and what individuals can legitimately expect of one another or of their government. Some theorists also argue that equality not only in the institutions and procedures of a society but also in capabilities or well-being outcomes is required for justice to be realized.

Summary: Justice is interpreted in various ways, often linked to fairness and individuals receiving what they deserve, though 'deserve' is debated. Approaches include viewing justice through individual rights and entitlements. Additionally, some theorists emphasize that achieving justice requires equality in societal institutions, procedures, capabilities, and well-being outcomes.

Liberty

The concept of liberty refers to having freedom and autonomy. It is often divided into positive and negative liberty, with negative liberty defined as individuals having the freedom from external coercion and positive liberty defined as individuals having the autonomy to carry out their own rational will. Some scholars reject this distinction and argue that one form of liberty cannot exist without the other. It is also questioned if such an understanding of liberty is sufficient for an interdependent world, in which the seeming freedom and autonomy of some may depend on lack of some forms of liberty for others. Hence, debates on equality inform our understanding of liberty as well.

Summary: Liberty encompasses freedom and autonomy and is typically divided into positive (ability to act on one's rational will) and negative liberty (freedom from external coercion). Some scholars argue there's an inseparable relationship between the two. Furthermore, the adequacy of this concept in an interdependent world is debated, as the freedom of some may rely on the restriction of others' liberties, linking discussions of equality and liberty.

Equality

Egalitarian theories are based on the concept of equality, which states that all people or groups of people have the same intrinsic value. Therefore, egalitarians argue that equality is closely linked to justice and fairness, as justice can only exist if there is equality. With growing polarization within societies, equality is also increasingly linked to liberty, as different people have differing possibilities for being free and autonomous.


Summary: Egalitarian theories assert that all individuals possess equal intrinsic value, linking equality to justice and fairness. As societies polarize, the connection between equality and liberty grows, as individuals have unequal access to freedom and autonomy.

UNIT 2 - Human Rights


What are human rights?

Rights are inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or other status. The right to life and liberty.


What are positive and negative human rights? Provide examples

Positive

Negative

  • Free will provided to a person:

    Such as protecting persons with the rights and freedoms they are endowed with

  • Restraints of a person

    Such as persons or government limiting rights toward or against the holder


Human Rights Vocabulary

Universal

affecting or done by all people or things in the world or a particular group applicable to all cases.

Interdependence

The dependence of two or more people or things on each other.

Indivisible

Unable to divide or separate

Inalienable

Unable to be taken away from or given away by the possessor.


Protection of Human Rights

What are the 9 UN treaty bodies?

  • United Nations Human Rights Committee

  • Committee on the Elimination of Discrimination against Women

  • Committee on Migrant workers and their families

  • Committee on Economic, Social and Cultural Rights

  • Committee on Economic, Social and Cultural Rights

  • Committee Against torture

  • Committee on the Rights of Persons with Disabilities

  • Committee on the Elimination of Racial Discrimination

  • Committee on the rights of the child

  • Committee on Enforced Disappearances

How do they protect human rights?

Monitor states, parties, and actors to ensure the implementation of the eight core human rights treaties. However, the protocol of these treaties unfortunately remains optional.

What are the advantages and disadvantages of the treaty bodies?

Advantages:

  • Individualized attention to human rights issues

  • Individual policies and action for the human rights issue

  • Impact on protections (on the ground) within the specific rights on human rights.

  • Creating, a national action plan, and strong domestic consistency to specific threats, creating regional systems.

Disadvantages:

  • attention and resources only to the human rights with these commitments.

  • UN treaties are not binding unless agreed to, if the UN cannot get countries to implement these policies - then the actions of the UN are stunted.


Enforcing Human Rights

What is the ICC?

International Criminal Court

How does the ICC function?

Located in the Hauge, the ICC puts international criminals on trial. Tried for international crimes, terrorist actions, and Human rights violations. Any criminals tried are a concern to the international community.

Do you think the ICC is effective or ineffective at enforcing human rights? Why?

I think that the idea of the ICC is good. However, the actual prevention and limitations it has placed on international crime are not yet of great change. Many times criminals are tried in their place of criminal activity or their home country. The ICC itself has only issued 11 convictions, and only 9 summons to appear. they have prosecuted more than 50 individuals, only 21 have been detained in the Hauge. I think this number is relatively small for the span and activity in the global community.




How can NGOs protect and/or monitor human rights? Provide a specific example (such as  Amnesty International)

Non-governmental organizations can protect and monitor human rights through initiatives, community frameworks for security, they provide areas for donations, ways to sign petitions, ways to get involved, education on these human rights issues, providing ways for the general public to act and advocate in their own way. NGOs, monitor and protect human rights by mobilizing the global community, with education, advocacy and awareness. They continue to do so, to provide aid and more to help these violations end.


Case study: Indigenous Children Mass Graves in Canada

What human rights are being violated?

  • right to education

  • Right to land

  • Life and liberty

What rights do Indigenous peoples have a claim to?

  • right to sovereignty

  • right

Are there any groups monitoring human rights for Indigenous children?

  • First Nation child and family

  • Government policy’s provide some protection



What is universalism?

The notion of a universal human nature that transcends traditional boundaries of identity, the western pursuit of unification of human beings under western value.

What is cultural relativism?

Determination of an action as either right or wrong by evaluating it accounting to ethical standards within a culture or society, argues for interpretation of human rights in cultural, societal and historical contexts.

To what extent should cultural relativism be used to justify different concepts of human rights?

Can be used to justify until it is used to excuse clear human right violations, such as extremes like female genital mutalation, genocide or other harms to children, etc.



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