Chapter 8 – Human Rights

Different Types of Rights

• Physical integrity rights

• Civil and political rights

• Economic, social, and cultural rights

Theories of Universalism and Relativism

• Universalism argues that certain moral or legal principles apply to all humans, regardless of culture, location, or context, emphasizing shared values like human rights. 

  • Universalism promotes global standards, often critiqued for ignoring cultural diversity

• Relativism, on the other hand, holds that norms and values are culture-specific, meaning what is considered right or wrong depends on local traditions and beliefs. 

  • Relativism respects cultural differences but can justify harmful practices. 

  • Relativism: consider rights under social construct, some states favor some rights more than others

The tension between these theories influences debates in international law and human rights.

Main Human Rights Treaties

• Universal Declaration of Human Rights

  • Idea that other people have rights, and these don't vary regardless of social construct

• Genocide Convention

  • Definition of Genocide

  • “any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:” “

  • (b) Causing serious bodily or mental harm to members of the group;

  • (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

  • (d) Imposing measures intended to prevent births within the group;

  • (e) Forcibly transferring children of the group to another group”

• International Convention on the Elimination of All Forms of Racial Discrimination

  • “any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin”

  • Which States Supported?

    • Africa and Asia

• International Covenant on Civil and Political Rights- focuses on topics like free expression, assembly and association, the right to religion, and criminal justice

  • Which States Supported?

    • France and USA

  • Special Treaty Body- “an international institution that monitors compliance with the treaty and assesses individual petitions about possible violations.”

• International Covenant on Economic, Social, and Cultural Rights- “This treaty emphasizes labor rights and social assistance programs, like health care and housing”

  • Which States Supported?

    • Most states

  • Special Treaty Body

    • Special treaty bodies usually only have jurisdiction to hear individual petitions if a state joins both the treaty and an additional optional protocol

Regional Conventions and Courts

• European- “The European human rights system was created to promote democratic stability within Western Europe and prevent future wars. Western European observers feared a resurgence of fascism and the spread of communism in Eastern European

• Inter-American

  • Organization of American States

  • Inter-American Commission

  • “can issue binding rulings on human rights disputes”

• African

  • African Charter on Human and People’s Rights 

  • “can issue binding rulings on human rights disputes”

• Explaining Influence of European Court

  • They hold more case hearings a year

  • Called the pre-eminent system of international human rights protection

  • Has lawyers that only focus on European systems, and cases can be passed to those experts.

  • They hear different cases compared to other courts

  • Hear minor cases

Physical Integrity Rights

• Genocide- “any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:” “

• (b) Causing serious bodily or mental harm to members of the group;

• (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

• (d) Imposing measures intended to prevent births within the group;

• (e) Forcibly transferring children of the group to another group”

• Torture

  • CAT Definition- Torture is the intentional infliction of severe physical or mental pain on someone to get information, punish, intimidate, or discriminate against them. It involves actions by or with the approval of a public official or someone in authority.

  • Issues with Law on Torture

• Human Trafficking- “They argue that death is the most severe form of physical suffering, and that the death penalty satisfies the CAT criteria of intent, purpose, and official capacity. ”

Civil and Political Rights

• “to seek, receive and impart information and ideas of all kinds … either orally, in writing or in print, in the form of art, or through any other media”

• Freedom of Expression, Assembly, Association

  • “The ICCPR DOES NOT allow unconstrained rights to expression, assembly, and association. The ICCPR allows states to limit expression if such limits “are provided by law and are necessary … for the protection of national security or of public order … , or of public health or morals.”

  • How Religion Fits- Human rights law protects individual freedom of religion, focusing on personal choice and expression rather than safeguarding religious groups. The ICCPR guarantees the right to choose, practice, and express religion individually or with others, both publicly and privately.

• Criminal Justice Rights

  • Rights protecting individuals during criminal proceedings.

  • Includes fair trial guarantees, protection from arbitrary detention, and the prohibition of torture.

Economic, Social, and Cultural Rights

• Rights related to work, education, health, and an adequate standard of living.

Enshrined in the International Covenant on Economic, Social and Cultural Rights (ICESCR).

• Labor Laws (ILO)

  • Focus on fair wages, safe working conditions, and freedom of association.

  • Protect workers from exploitation and ensure labor rights are respected internationally.

  • Should achieve social justice and prevent future wars

  • Many states restrict female labor by arguing that women are too vulnerable and weak to work at night or in dangerous industries, like mining. Modern international law experts usually believe that such laws violate the ICESCR

• Right to Social Assistance

  • “Throughout history, families, guilds, and religious groups protected individuals from accidents, illness, and unemployment. ”

  • Assistance is a human right

  • Right to social security

• Right to Expression of Cultural Identity

  • Marginalized communities experience challenges when it comes to their rights. 

  • “Cultural rights therefore build on numerous individual rights (like expression, assembly, and religion) to protect group identities.”