PLSC 100 Midterm
Foundational Definitions
State: political organization with sovereign authority over a defined geographic territory, possessing the legitimate monopoly on the use of force, a permanent administrative apparatus, the capacity to maintain binding rules, and recognition from other states in the international system.
Government: the system or group of people with the authority to govern a state, nation, or community. It typically consists of legislative, executive, and judicial branches that create, implement, and interpret laws and policies, maintain order, provide public services, and represent the interests of citizens. Governments derive their power through various means such as democratic elections, hereditary succession, or military control, and they exercise this authority through institutions, bureaucracies, and public officials.
Power: capacity to influence, lead, dominate, or otherwise have an impact on the life and actions of others
Authority: the legitimate right to exercise power, make decisions, or enforce compliance within a specific domain, role, or social context. It differs from mere power in that it carries recognized legitimacy and acceptance by those subject to it.
Key aspects of authority include:
Weber's three types of authority remain influential in understanding this concept:
●Traditional: Based on established customs and practices
●Charismatic: Derived from exceptional personal qualities or leadership
●Legal-rational: Rooted in formal rules, laws, and procedures
Sovereignty is the supreme and independent political authority within a defined territory. It refers to a state's exclusive right to govern itself, determine its own laws and policies, and exercise control over its internal affairs and external relations without interference from other states or external entities.
In international law, sovereignty implies both rights (such as non-interference) and responsibilities (such as protection of citizens and adherence to international agreements). The concept has evolved over time, from the "absolute sovereignty" of the Westphalian system to more nuanced understandings that recognize limitations imposed by globalization, international norms, and institutional arrangements.
Human Rights Characteristics
Universal: apply to all human beings regardless of nationality, ethnicity, religion, gender, language, or any other status. This universality means that human rights are inherent to every person simply by virtue of being human, transcending cultural, political, and social differences. The principle of universality rejects the notion that human rights can be limited based on cultural relativism or local traditions, asserting instead that certain fundamental rights belong to all people everywhere.
Inalienable: they cannot be taken away, surrendered, or transferred. These rights are not granted by governments but are inherent aspects of human dignity that exist independent of legal recognition. While the exercise of certain rights may be limited in specific circumstances (such as during public emergencies), the rights themselves cannot be permanently removed or alienated from the individual. This principle establishes that human rights are not privileges that can be granted or withdrawn at will by authorities.
Indivisible: all rights are interconnected and cannot be separated from one another. This principle rejects hierarchies among different categories of rights (civil, political, economic, social, and cultural) and maintains that the fulfillment of one right often depends on the realization of others. The indivisibility of human rights means that they must be addressed as an integrated whole, with equal importance given to all categories of rights, rather than prioritizing some rights at the expense of others.
Caveat:
Human rights, while conceptually universal, inalienable, and indivisible, face practical limitations in their implementation and enforcement. These limitations include:
1.Competing interpretations: Different cultural, religious, and political traditions may interpret the scope and application of human rights differently
2.State sovereignty tensions: The principle of state sovereignty can conflict with external enforcement of human rights standards
3.Resource constraints: Full realization of certain rights (particularly economic and social rights) depends on available resources and development levels
4.Emergency derogations: International law permits temporary suspension of certain rights during officially declared public emergencies
5.Jurisdictional limits: International human rights mechanisms often lack strong enforcement powers against non-compliant states
6.Evolving standards: The content and scope of human rights continue to develop over time in response to new challenges and understandings
7.Implementation gaps: Even when rights are formally recognized, practical implementation may be incomplete due to institutional weaknesses, corruption, or lack of political will
These caveats do not negate the fundamental principles of human rights but acknowledge the ongoing challenges in translating ideal standards into lived realities for all people.
Types of Human Rights
Civil and Political Rights
●Right to life and liberty
●Freedom from torture and cruel treatment
●Right to privacy
●Freedom of thought, conscience, and religion
●Freedom of expression
●Right to fair trial
●Right to participate in government
●Freedom of assembly and association
Economic, Social, and Cultural Rights
●Right to work and fair working conditions
●Right to social security
●Right to adequate standard of living (food, clothing, housing)
●Right to physical and mental health
●Right to education
●Right to participate in cultural life
Collective/Group Rights
●Right to self-determination
●Right to development
●Rights of indigenous peoples
●Environmental rights
●Right to peace
Solidarity Rights
●Right to a healthy environment
●Right to humanitarian assistance
●Right to sustainable development
●Right to peace
Special Protection Rights
●Rights of women
●Rights of children
●Rights of persons with disabilities
●Rights of minorities
●Rights of refugees and displaced persons
●Rights of migrant workers
Core UN Human Rights Bodies
UN Human Rights Council
●Functions: Addresses human rights violations, makes recommendations, conducts Universal Periodic Review of all member states
●Replaced the Commission on Human Rights in 2006
●Consists of 47 elected member states
Office of the High Commissioner for Human Rights (OHCHR)
●Functions: Principal UN office for human rights, provides expertise and support to various human rights mechanisms
●Coordinates UN human rights activities and promotes implementation of international standards
Main UN Human Rights Bodies
UN General Assembly
●Functions: Adopts human rights declarations, conventions, and resolutions
●Third Committee specifically addresses human rights issues
UN Security Council
●Functions: Addresses human rights in context of peace and security
●Can establish tribunals and sanctions for severe human rights violations
UN Economic and Social Council (ECOSOC)
●Functions: Coordinates economic and social work of UN agencies
●Previously oversaw the Commission on Human Rights
UN Secretary-General
●Functions: Advocates for human rights, appoints special representatives
●Issues reports on human rights situations
Special Rapporteurs
●Functions: Independent experts appointed to monitor specific countries or thematic issues
●Examples: Special Rapporteur on torture, on freedom of expression, on extreme poverty
Working Groups
●Functions: Groups of experts examining specific human rights concerns
●Examples: Working Group on Arbitrary Detention, Working Group on Enforced Disappearances
Specialized UN Agencies with Human Rights Mandates
International Labour Organization (ILO)
●Functions: Sets labor standards, develops policies promoting decent work
UNESCO
●Functions: Promotes right to education, scientific advancement, and cultural participation
World Health Organization (WHO)
●Functions: Promotes the right to health, develops health policies and standards
UN Refugee Agency (UNHCR)
●Functions: Protects refugees, stateless persons, and asylum-seekers
UN Children's Fund (UNICEF)
●Functions: Promotes children's rights and well-being worldwide
UN Women
●Functions: Promotes gender equality and women's empowerment
Major International Human Rights Organizations (Non-UN)
Amnesty International
●Functions: Documents human rights abuses, campaigns for policy changes, raises awareness
●Focus: Wide range of human rights issues including freedom of expression, torture, death penalty
●Founded: 1961
Human Rights Watch
●Functions: Investigates abuses, publishes detailed reports, advocates for policy reform
●Focus: Civil, political, economic rights across approximately 100 countries
●Founded: 1978 (as Helsinki Watch)
Doctors Without Borders/Médecins Sans Frontières (MSF)
●Functions: Medical humanitarian assistance in conflict zones and crises
●Focus: Right to healthcare in emergencies
●Founded: 1971
Freedom House
●Functions: Research and advocacy on democracy, political freedom, civil liberties
●Focus: Freedom of expression, democratic governance
●Founded: 1941
Cultural Relativisim vs Unversalism
Cultural relativism: morality is dependent on cultural/societal norms; no universal standard
Universalism: asserts there is one moral code that is applicable to every society
Cultural imperialism: imposition by one politically or economically dominant community of various aspects of its own culture onto another nondominant