1. nature of development of human rights Flashcards
(29 cards)
define human rights
rights that recognise the inherent value of each person, regardless of background, live conditions, appearance, or beliefs.
what are the features of human rights
Universal
Indivisible
Inherent
Inalienable - cannot be taken, given up or sold
Interdependent
what are the categories of human rights
1st generation - civil and political
2nd generation - economic, social and cultural rights
3rd generation - collective rights
what are first generation rights
CIVIL AND POLITICAL RIGHTS
first to be recognised and protect the individual from arbitrary power of power by state.
- right to being free citizen of state
- right to equality before the law
- right to freedom from torture, cruel, and inhumane treatment
- right to freedom of expression
- Article 1 -21 of UDHR
- International Covenant on Civil and Political Rights 1966
what are second generation rights
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
concerned with material and cultural wellbeing
- production and management of necessities
- preserving cultural heritage
- Articles 22-30 - UDHR
- International Economic, Social and Cultural Rights 1966
what are third generation rights
COLLECTIVE RIGHTS
- rights that are international in scope and can only be addressed by global cooperation
emerged in recent years
such as
- environmental rights
- peace rights
how have human rights developed over time
through key events contributing to their development and evolution of concepts
what is natural law doctrine and how did it contribute to development of human rights
promotion of the idea that humans have fundamental freedoms that cannot be taken away.
- argues certain rights exist beyond state or gov authority
- influenced documents emphasising rights cant be violated (UDHR)
what is positivism and how did it contribute to development of human rights
laws are valid not because of moral reasoning but due to the authority that enacts them.
- rights must be formally codified to be enforced.
- helps in the practical application of human rights, encouraging states to define, protect, and legislate these rights within their systems.
what is state sovereignty and how did it contribute to development of human rights
each state has authority over own affairs
- can limit enforcement of int human rights laws
- sovereignty has been balanced with international human rights obligations - some supersede soverignty
what is slavery
forced labour in which a person is considered to be the legal property of another.
What was the abolitionist movement?
- Represents shift in values and ethical standards
- Influenced by ideas of natural rights developed during French and American revolutions
What was the timeline of change for slavery?
18th century - abolitionist movement
- transatlantic slave trade
- industrial revolution
19th century - legislative changes
- Emancipation Act UK
- 13th Amendment US constitution
20th century - international measures
- UDHR - article 4
What are some international measures to abolishing slavery?
- UDHR - article 4
- ICESCR - article 7
- International Covenant on Civil and Poltical Rights
“no one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms”
- Article 4 (UDHR)
current problems with enforcement in slavery
- State soveringty - not legally binding
- Easy to hide it
- Easier to decieve people into slavery, without their knowledge
example of slavery case
R v. Tang [2008]
Ms. Wei Tang, the first person in Australia convicted of slavery offences, was sentenced to 9 years for forcing five Thai women into debt-bondage in her brothel under restricted freedom, setting a precedent for defining modern slavery.
what are trade unions?
Trade unions are associations of employees created to protect the rights of workers.
what was the timeline for development of trade unions and labour rights?
- Early 19th Century: Industrial Revolution = harsh working conditions- need for workers to organise.
- 1824: The UK repeals the Combination Acts, workers can legally form trade unions.
- 1948: The Universal Declaration of Human Rights (Article 23) - right to form and join trade unions
What are some international measures to trade unions?
- UDHR - Article 23 - everyone has the right to form and join a trade union
- ICESCR - article 7 and 8 - right to join a trade union, strike, safe work conditions and wages.
- ICCPR - Article 22 - right to freedom of association
What difficulties do trade unions still face?
- Protecting the rights of workers in countries where the law does not protect workers (restrict unions)
- Where government permission needed before a strike
What is self determination?
Self-determination is the right of people, especially indigenous people, to determine their own destiny and government.
Hard to get because of state sovereignty and rule of law
What are key dates of self determination?
- 1945 – UN Charter Article 1(2) calls for respect for the principle of self-determination.
- 1966 – The ICESCR Article 1(1) states all peoples have the rights of self-determination.
- 2007 – The UN adopted the Declaration of the Rights of Indigenous Peoples
what are international documents protecting right to self determination?
article 1 - International Covenant on Civil and Political Rights
Article 1 - International Covenant on Economic, Social and Cultural Rights
Articles 3,4,5 of Universal Declaration of Human Rights - right to shape our lives according to personal values and beliefs
what are some current problems with enforcement of self determination rights?
- culture differs between families
- hard to detect - people don’t report or are manipulated
- oppressive governments - state sovereignty (china, NK)
