1.a There is global variation in human rights norms Flashcards
(18 cards)
Definition of Human Rights
The basic right and freedoms to which all human beings are entitled too. They are applicable at all times and in all places
Purpose of the UN
○ Maintain international peace and security
○ Develop friendly relations among nations based on respect for the principle of equal rights and self-determinations of peoples
○ Co-operate in solving international economic, social, cultural and humanitarian problems and in promoting respect for human rights and fundamental freedoms
○ Be a centre for harmonising the actions of nations in attaining these common ends
What principles does the UN act in accordance of?
○ It is based on the sovereign equality of all it’s members
○ All members are to fulfil in good faith their Charter obligations - not all countries have signed up to every charter and therefore not obliged to do them
○ They are to refrain from the threat or use of force against any other state
○ They are to give the United Nations every assistance in any action it takes in accordance with the Charter
○ Nothing in the Charter is to authorise the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state - the UN cannot intervene if countries aren’t sticking to the human rights laws as it is up to the Government to implement them except for extreme cases such as Libya
How is the UN principles established?
through documents like the Universal Declaration of Human Rights (1948)
The UDHR
- The UDHR is a moral and political standard rather than a legally enforceable document. Although UN members are not legally required to follow it, still serves as a key purpose:
○ Foundation for legally binding treaties
○ Set the global standard for Human Rights
○ Use the UDHR to apply diplomatic pressure on countries which violate and helps justify sanctions, interventions of human rights abuses
○ Guides UN agencies and Humanitarian Work
Two legally binding Covenants (1976)
- The UDHR was replaced by two Covenants which are legally binding, which countries that signed them are obligated to follow. These conventions became part of international law
What are the two legally binding covenants?
- The international covenant on economic, social and cultural rights
- The international covenant on civil and political rights
The international covenant on economic, social and cultural rights
○ Focuses on improving living standards and quality of life
○ Rights include: The right to education, The right to the highest standard of health, The right to adequate living conditions and protection from forced evictions, The right to work, fair wages, and leisure time, The right to participate in culture life
The international covenant on civil and political rights
○ Focuses on individual freedoms and protections from government abuse
○ Rights include: The right to life, liberty and security, Freedom from slavery, torture, and discrimination, Freedom of thought, speech and religion, The right to a nationality and to seek asylum, Fair trails and equal treatment under the law
Why is the two legally binding covenants not completely successful?
Not all United Nations member states have signed and ratified both legally binding covenants
What does it mean to have signed but not ratified the treaty?
They agree to the principle but not have made it legally binding
what does it mean to have not signed at all?
They do not formally recognise it
