unit 2 - Human Rights vocab
what are human rights
are rights held by individuals simply on the basis of being human
are universal, inalienable & indivisible & can be claimed individually or as a group
positive rights
rights in which the government must take action to protect & provide for the ppl (someone else has to provide you with something)
ex - free education, free speech & basic human rights - government has to step in to provide these things for its citizens
negative rights
government steps back and allows humans to be free from interference (somebody else doesn’t interfere in your ability to obtain something, or somebody doesn’t interfere with your actions)
ex: freedom of religion, freedom from torture or arbitrary arrest
what are the three ‘pillers’ of Human Rights?
Human Rights are inalienable, indivisible and universal
positive peace
the creation of social systems that provide for the whole population OR social systems & institutions that promote equity, harmony and well - being in society
negative peace
the absence of violence or war
is good cuz no war
but can be bad because ppl can use the abscence of war to justify their unfair status quo
what do we have to remember about HR violations?
that HR violations occur everywhere (not just in developing nations)
these HR violations can occur everywhere but just in different forms
what is valid to assume about the most popular understanding of HR’s?
since the development of HR has been largely based in Western philosophy, it is valid to say that the most popular understanding of HR’s is Western in origin
what advantage do Europe & US (industrialized countries in general) hv in belief systems?
different approaches & views in Europe & US hv given them advantages in the creation of belief systems
i think they could “mold” the belief system to reflect their beliefs & understanding
general perceptions worldwide hv been influenced by the current ideas in industrialized countries
i think like industrialized countries can “control the narrative”
what is the ‘story’ behind why assertion of cultural rights is complex?
assertion of cultural rights is a complex idea which concerns the differences in systems on & within various continents
has provided arguments against accepting the Western human rights as the generalized ideal of human rights
what are the 2 civilizations known for considering the “rights of man”?
Ancient Greece and Rome!!
both had important reference points for the European Enlightnment, where the idea of universal HR began to take form
believed that humans hv the ability to reason
didnt guarantee no inequailites but did help led to an understanding of the common good & universal rights
what did Rome & Greece understand the difference between?
both countries understood the difference between “custom” laws (which vary from place to place) &natural laws (which were universal)
after the fifteenth century, natural laws became associated with “natural rights”
capitalist societies
a “type” of society whose core organization is composed of status differences & hierarchies
i think an example is the US
egalitarian societies
“types of societies” who hv no need for HR’s, as everyone, by definition, has equal status
i think example could be Norway & the Kund People
when does a change in the production process occur?
when the goal behind producing products shifts from community consumption to exchange, there’s a change in the production process
by controlling the materials that are necessary for life, a person or group can gain more power & control
this change often occurred during the 19 & 20 century - cuz of colonialism
what consequence did colonialism hv on communities?
colonialism caused societies to lose their autonomy
societies were rebuild for the benefit of outside forces
i think this could hv led to assimilation (like what happened with residential schools?)
the outside forces also easily overpowered indigenous social organization & production
during this time, HR were violated
slaves shipped to foreign countries & were isolated from their community
physical trauma & forced labour were a characteristic of colonial rule
what did the evolution of HR in 18 & 19 century lead to?
led to advocation for new rights
movements were initiated which brought to light the need for rights
like the rights to organize trade unions, the protection of child labour, universal suffrage, control over workday hours, the rights to education & more
what did the ideals of the European Enlightenment help “influence?”
the ideals of the European Enlightenment were precursors of what we refer to as HR, but also were the precursors of the debates that accompanied the UDHR
what was the UDHR & who developed it?
was adopted on December 10, 1948
sets a “common standard” for the achievements for all ppl’s & nations
was developed with the understanding of the inhumane & horrible acts that nations carried out during World War 2 & that these acts couldn’t be allowed to repeat
scholars who were commissioned to produce this document (and represented East & West societies & cultures) often disagreed
Eleanor Roosevelt had to accept there’s always be differences
UDHR outlines basic rights for all citizens of Earth but wasn’t the end of the differences surrounding the definition of HR’s (especially between East & West)
what was the issue of the UDHR at the time of its creation?
many disciplines (like the then Executive Director of the APA, Melville Herskovits) disagreed with many of its main points & how the UDHR was mainly based off of Western beliefs of the rights of an individual
or like Western views on what HR’s are
what happened as the UDHR became more popular?
as the UDHR became more popular, different stakeholders & organizations (both govern & NGO’s), saw a need to enhance the document with rights that could relate to everyone around the world
growing social movements encouraged those participating under the banner of the UDHR to campaign their ideals to be included in the UDJR
what did the Czech activist & jurist Karel Vasak, propose & how did this go back to the fundamental tenet of rights?
and what is the argument against what Vasak proposed?
what does demarcation of rights mean & does it help with the implementation of basic rights?
Vasak argued that creating 3 categories of HR would produce a common set of principles that could be universally applied (would include everyone regardless of religion, gender, location, or government)
went back to tenets of rights because the rights are part of individuals & raises the question on whether or not HR’s can be separated into 3 categories, as they are indivisible
the argument against the 3 categories is basically the part about the tenets of rights
but also that by classifying rights into generations, this may cause contradictions & obligations to States that are unfair or unevenly applied depending on the form of government or the stage of industrial development
it is argued that rights are interdependent & interrelated
demarcation of rights - i think separating rights into various categories (like the 3 generations of rights)
& no, it doesn’t help with implementing basic rights cuz of the big changes that hv occurred over the past 50 years
what are First Generation Rights (according to Vasak)?
are civil & political rights
correspond to the French concept of liberty
are grounded in the rights of the individual to have opinions, to act politically, to engage in religion & most importantly to assemble together without interference
also included freedom from torture & slavery
what are Second Generation Rights (according to Vasak)?
are economic & social rights
correspond to the French call for equality
include the right to work, access to healthcare, a roof over one’s head & food
sometimes referred to as “security oriented rights”
cuz they allow individual’s the right to live, work & to reproduce their families & communities
what are Third Generation Rights (according to Vasak)?
sometimes referred to as “cultural rights”
correspond to the French idea of fraternity
include the right to live in an appropriate/acceptable/reasonable environment, political rights & economic development
evidently includes collective & individual rights (especially the formation of political parties & economic development on all geographic levels
what are “universal rights?”
Universal Rights - assume that certain rights are the same for all ppl (apply universally) & even if these rights contradict local practices & beliefs, they still apply to that locality’s ppl
ex: female genital mutilation (it’s practiced in various countries even tho there’s many treaties & covenants are condemn this) & universal suffrage (which is a universal right agreed upon by most of UN member nations, but this doesn’t guarantee gender equality in the rest of the world)
what do current debates about the UDHR, now involve?
what do the contemporary debates remind us?
current debates include more contemporary themes that include an awareness of state & regional realities
still specify the recoginition of cultural differences & the rights of local beliefs AND continue to insist that the UDHR is largely Western in origin
therefore, it serves little purpose in non - Western environments
the contemporary debates remind us that human & cultural relativity argue for sovereignty, territories, integrity, national security, economics & the environment - i dont rlly know wat this means but maybe i’ll figure out what it means later?
what is the problem with treaties, covenants & laws?
the problem is that even there hv been treaties & laws on almost every aspect of HR’s, almost none of them are enforceable on the international stage
ex: as colonialism came to an end, foreign powers like the Dutch & French had to acknowledge that their foreign colonies had the same rights that the French & Dutch had
but these newly independent colonies didn’t follow the tenets of the Declaration & the interests of their own elites (ppl who had power/money in that independent colony) often conflicted with the statements outlined in the UDHR
ex: the Soviet bloc didn’t participate (abstained) in the vote on the Declaration BUT didn’t fight against/oppose against its principles
ex: the US has voted against or ignored almost all the treaties & such, that hv been drafted & passed by most of the countries in the UN
what is the “problem” with identity politics?
those that promote identity politics are about themselves, for themselves & nobody else??
HR’s can never be achieved/realized by adding the sum total of interests of minorities
what is the issue of having many documents about HR’s?
what is the problem with the generalities in these instruments?
the issue is that the number of documents begins to confuse the issue of rights as statements of ideals (i think like statements of morals?) rather than things that are enforceable & will help us progress to promised realities
are also often referred to as instruments of HR’s implementation & are monitored by various bodies (like States & NGO’s)
the problem with the generalities in these instruments is that they assume that they can apply equally to everyone in a certain category
ex: just like how one nation cannot be treated as a single culture, we cannot treat individual rights (like women’s rights) without an understanding of an individual’s abilities to realize these rights
what is the public perception about globalization?
there’s a perception/assumption that globalization has made the world more homogenous (more united?) but it has actually made the world more diverse
local cultures incorporate cultural artefacts from the outside into their own cultures
result: a shift in their practices while maintaining an autonomy that differs from global trade & market standards ( i dont rlly know wat that means)
but this has led to increased efforts to maintain & teach local languages
globalization & globalizing trade has also brought forward rights of Indigenous People
what are the 3 regional HR systems & what r they responsible for?
the 3 regional HR systems are Africa, Europe & the Americas.
they are responsible for monitoring & reporting on HR implementation & abuses
what is the ‘iffy’ part about the organization of HR’s in the UN?
the organization of HR’s in the UN is meant to apply to all UN members, but this rarely occurs (CHECK THIS ONE FROM PG 61)
what is the problem with human rights enforcement (answer is pretty much similar to the problem with treaties & laws)?
the problem is that many states refuse to acknowledge & admit to HR violations & abuses in their country
no member of the UNSC (United Nations Security Council) has been brought to the ICC
and no industrialized country has been questioned about their HR violations
UN Human Rights Council
(is a UN human rights mechanisms, which help the UN promote, monitor & protect HR’s)
an intergovernmental body comprised of 47 states who discuss & make recommendations on HR topics. The Council also manages 2 other HR mechanism
Universal Periodic Review - a peer - review process where UN Member States’ overall HR records undergo examination/scrutiny every 4 years
Special Procedures - independent experts assigned to monitor HR conditions in certain countries or on particular topics
UN human rights treaty bodies
(is a UN human rights mechanisms, which help the UN promote, monitor & protect HR’s)
10 committees of independent experts that oversee States’ implementation of the core UN human rights treaties
UN Office of the High Commissioner for Human Rights (OHCHR)
(is a UN human rights mechanisms, which help the UN promote, monitor & protect HR’s)
coordinates & supports the work of the UN HR’s mechanisms
also distribute useful info & organize/facilitate civil society engagement
also provide help/assistance to national governments & maintains country offices & regional offices
International Criminal Court (ICC)
consists of 123 member states that ratified the Rome Statute
purpose is to prosecute serious international crimes (which doesn’t rlly happen with members of the UNSC)
these international crimes include crimes against humanity, war crimes & crimes of aggression
China & India hv criticized the ICC & questioned the legitimacy of an institution that operates beyond national security
International Court of Justice (ICJ)
(is an example of other UN bodies that are relevant to the protection of HR’s & the development of international HR’s law)
revolves disputes between States on issues of international law, including on certain issues that are related to HR’s
International Labour Organization
(is an example of other UN bodies that are relevant to the protection of HR’s & the development of international HR’s law)
is important in promoting, protecting, and setting standards on topics related to work & employment (topics related to labour)
International Law Commission
(is an example of other UN bodies that are relevant to the protection of HR’s & the development of international HR’s law)
has the specific mandate, established in the UN Charter, of developing & codifying international law, including in areas relevant to HR protection
made up of 34 individual members that serve 5 year terms
Economic & Social Council (ECOSOC)
(is an example of other UN bodies that are relevant to the protection of HR’s & the development of international HR’s law)
coordinates the work of the UN specialized agencies, with regard to economic & social themes
also are involved with their own promotion & protection activities & producing policy recommendations in the UN system
UN High Commissioner for Refugees (UNHCR)
(is an example of other UN bodies that are relevant to the protection of HR’s & the development of international HR’s law)
is in the area of refugee law
contributes to legal standard - setting & provides on - the - ground help to refugees
United Nations General Assembly
(is an example of other UN bodies that are relevant to the protection of HR’s & the development of international HR’s law)
is the political & policy - making part of the UN & may make recommendations in the area of HR’s
its Social, Humanitarian & Cultural Affairs Committee (referred to as the “Third Committee”) provides a forum for discussing HR issues
Commission on the Status of Women
(is an example of other UN bodies that are relevant to the protection of HR’s & the development of international HR’s law)
a subsidiary body of ECOSOC that’s made up of 47 States
is the main forum for advancing gender equality & women’s rights
UN Women support its work
what is the issue with the publicising of HR’s?
during the 1960s & 1970’s, publicising of HR abuses began to take priority over social movements (which emphasized political economy, status, class & power)
ppl claim that the headlines of HR abuses hv covered the actual origin of these abuses in the systemic problems of globalization
ex: growth of multinational corporations, the attack on labour that’s been prevalent in the past 20 years, & the consolidation of capital into the hands of a few that’s made a difference in the distribution of resources around the world
the politicization of HR’s
the practice & meaning of HR hv become politicized in recent years, largely due to the following
the involvement of the US & other powerful, industrialized states in the enactment of HR
activist movements that hv identified the connection between contemporary industrialization (idk wat that means) & the deployment of social labour in the effort towards nationalised growth
disagreements surrounding universal & relative rights with regard to cultural differences
the effect of globalization of labour practices & the rights of rights of local peoples & communities as they fight against/confront powerful foreign forces
Pro - more attention is given to HR violations
but in my opinion, i think ppl could also abuse HR’s to benefit their political agendas ( i think i hv a handout Ms.Wood gave on this topic which she had given as a journal assignment last year)
but they could also be used to bring attention to HR abuses?
what is the effect or cause of the growth of NGO’s?
part of the growth of NGO’s & the fewer appearances of the UN in HR discussions, revolve around the internal mechanism of the UN, the hegemony of the Security Council & the UN’s agenda of finding agreement rather than differences around problems such as humanitarian intervention
ex: mass killings in Rwanda weren’t identified as a genocide until the scale of the killings became known & NGO’s demanded these killings be recognized
so, many NGO’s began to distrust the UN
what is the issue of focusing on rights rather than structural change?
the issue of focusing on rights rather than structural change is that there’s a risk of hiding the underlying causes of the abuse
what is the geography of HR’s?
there’s a geography of HR’s that assumes that abuses occur in poorly developed countries, while ignoring the HR abuses in highly advanced societies (like the US)
government bodies are good at condemning HR violations in other nations while claiming their countries hv no abuse
why are HR in a “mid - life” crisis?
they are in a “mid - life” crisis cuz theres changing strategies & approaches to gaining access to HR’s
there will also always be debates on the definition of HR & who gets to define them (debates between East & West)