POL109 - WEEK 7

Week #7 Questions

  • Week #7: Global Human Rights System


Questions to focus on:


    1.   What are human rights?


Human rights are... 1) Protections from things deemed “bad” (torture, slavery, inhumane punishment, suppression of speech, etc…) and… 2) Provisions that facilitate the enjoyment of things deemed “good” (education, housing, health care, water, inclusion, political influence, etc…)


 A product of our deeply-rooted primate biology

Ideas that are “socially constructed” 

Revolutionary

Fluid, dynamic and expansive

Rooted in a diverse set of political, cultural and religious traditions

Tools designed to achieve specific social and political objectives

Contested

An idea used by political actors to weaken political adversaries


    2.   What does the Global Human Rights System consist of ?


Two of the most important components of the global human rights system include: 1. The United Nations’ Human Rights System 2. The international human rights movement (also known as “transnational civil society”) The global human rights system also consists of a transnational network of human rights NGOs and activists, known as the “international human rights movement. 


    3.   What strategies does the Global Human Rights System use to pressure

         states to comply with international human rights laws?



The Global Human Rights System employs various strategies to pressure states to comply with international human rights laws. Some of these strategies include:


1. Treaty Bodies: There are nine treaty bodies or committees that monitor the implementation of human rights treaties by states parties. These bodies review state reports, issue recommendations, and engage in dialogues with states to address human rights violations [T6].


2. Special Procedures: Special procedures, such as Special Rapporteurs and Independent Experts, are appointed by the UN Human Rights Council to investigate and report on human rights issues in specific countries or thematic areas. Their reports can highlight violations and put pressure on states to take action [T5].


3. Universal Periodic Review (UPR): The UPR is a unique process under the Human Rights Council that involves a periodic review of the human rights records of all UN Member States. Through this mechanism, states are peer-reviewed, and recommendations are made to encourage compliance with human rights standards [T2].


4. Public Shaming and Naming: International human rights organizations, civil society groups, and the media play a crucial role in exposing human rights abuses and holding states accountable. Public pressure and scrutiny can influence states to improve their human rights records to avoid reputational damage [T2].


5. Technical Assistance and Capacity Building: The Global Human Rights System provides support to states in implementing human rights obligations through capacity-building programs, training, and technical assistance. By enhancing states' ability to comply with human rights standards, the system aims to promote better adherence to international laws [T2].


6. Engaging with Regional and International Bodies: States are encouraged to engage with regional human rights mechanisms, such as the European Court of Human Rights or the Inter-American Commission on Human Rights, to address violations and seek redress. International pressure from multiple bodies can amplify the call for compliance [T1].


These strategies collectively aim to pressure states to uphold their international human rights obligations and promote a culture of respect for human rights worldwide.



    4.   According to Aryeh Neier, what explains the emergence of the

         International Human Rights Movement? Is his view persuasive? Are

         there any important factors he does not mention? If so, what are they?


First, events that sparked moral outrage and inspired action… • 1973 - US-backed coup in Chile • 1974 - impeachment of US President Richard Nixon • 1975 - signing of the Helsinki Accords • 1976 - Soweto crisis in apartheid South Africa • 1977 - US President Jimmy Carter calls for human rights to be central to US foreign policy • 1978 - the formation of the “Democracy Wall” movement in China. Second, advancements in communications technology (i.e. the fax machine) allowed activists and NGO around the world to easily share information, ideas, strategies and tactics Third, changes to the relationship between Western journalists and Western governments, leading to more coverage of human rights issues…