Human Rights and International Law

John Peter Humphrey and the UDHR

  • Drafted the original Universal Declaration of Human Rights (UDHR) in 1948.
  • Focus on definitions and the importance of human rights.

Definition of Human Rights

  • Human Rights:
    • Rights enjoyed by everyone by virtue of being human.
    • Qualities: Universal, Inalienable, Indivisible, and Interdependent.

Universal Declaration of Human Rights (UDHR)

  • Established by the newly formed United Nations to define and protect human rights legally.
  • Examples of Rights in UDHR:
    • Right to life, liberty, and security.
    • Right to education and work.
    • Right to a fair trial.

Individual vs. Group Rights

  • Individual Rights:

    • Claimed by individual persons.
    • Example: Right to remain silent.

  • Group Rights:

    • Rights possessed by a collective group rather than by individuals separately.
    • Example: Cultural rights.

Generations of Rights

1st Generation (Liberty Rights)

  • Protect individuals from government control; guarantee the freedom to criticize the government.

  • Mostly negative rights and individual-focused.

  • Categories:

    • Civil Rights: Safeguard against government abuse of power.
    • Political Liberties: Freedoms to criticize the government.

2nd Generation (Equality Rights)

  • Focus on ensuring equal treatment; addressing everyone's needs.

  • Rights can be both positive and negative.

  • Categories:

    • Social Rights: Meet societal needs (e.g., right to education).
    • Economic Rights: Address economic needs.

3rd Generation (Fraternity Rights)

  • A collection of group rights aimed at promoting advancement.

  • Primarily positive rights focused on group needs.

  • Examples:

    • Right to peace.
    • Women's rights.

4th Generation (Digital Rights)

  • Emerging due to technological changes.
  • Examples:
    • Right to access computers.
    • Right to internet access.
    • Right to access personal data.

International Law

  • Governs relationships and resolves conflicts between states/countries.

Key Concepts

  • Sovereignty: Independent authority (akin to the state of nature).
  • Legitimacy: Acceptance of certain actions as correct or valid.

International Organizations

  • Groups of countries collaborating under a mutual agenda.
  • Examples:
    • European Union (EU).
    • The G7.
    • United Nations (UN).
    • NATO: Military alliance ensuring collective defense and security.

Collective Security

  • The concept of fighting for one another based on mutual legitimacy.

Non-State Actors

  • Entities involved in international law that are not sovereign states.
  • Examples:
    • Rebel groups in civil conflicts.
    • Terrorist organizations.
    • Drug cartels.
    • Corporations (e.g., Google, Facebook).
    • Non-Governmental Organizations (e.g., Human Rights Watch).

Treaties

  • Contracts between countries, essential source of international law.
  • Steps in treaty formation:
    1. Negotiate
    2. Sign
    3. Ratify
    4. Incorporate treaties into domestic law.

Human Rights Violations Examples

  • Turkiye: High rates of domestic violence.
  • Serbia: Failure to stop war crimes (Kosovo).
  • Israel: Inadequate investigation of war crimes.
  • Saudi Arabia: Unfair trials.
  • Sudan: Lack of healthcare due to war.
  • Iran: Violations against the Baha’i faith, including arrests and torture.
  • North Korea: Government censorship and media control.
  • China: Social credit system to punish business law violations.
  • Russia: Routine torture in prisons.
  • Syria: Utilization of child soldiers through coercive methods.