CHAPTER 2 CASE STUDIES + EXTRA CONTENT: HUMAN RIGHTS Flashcards
(49 cards)
1
Q
UDHR impact on international law
A
- Basis for Treaties: The UDHR inspired binding covenants such as the ICCPR
and ICESCR, which further elaborate and enforce the rights proclaimed in the
Declaration. - Catalyst for Regional Instruments: The principles of the UDHR inspired
regional human rights conventions in Europe, Africa, and the Americas. - Informing Jurisprudence: Courts like the International Court of Justice and
regional human rights courts often reference the UDHR in their decisions. - Influence on Customary Law: Several principles of the UDHR are now
considered customary international law due to their wide acceptance and
practice by states.
2
Q
UDHR Role in Shaping Subsequent Human
Rights Instruments and Conventions
A
- Framework for Other Instruments: It provided the foundational framework for
conventions like CEDAW, CRC, and the Convention against Torture (CAT),
among others. - Promotion of Specific Rights: By establishing universal rights, it paved the
way for focused instruments targeting specific groups (e.g., women, children,
indigenous populations). - Evolution of Rights: The UDHR’s fluid interpretation allowed for the evolution
of rights, leading to discussions on third-generation rights like development,
environment, and digital rights.
3
Q
Milestones in Women’s Rights Rights
A
- Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW, 1979): A landmark treaty that signifies global commitment to
dismantle barriers of gender discrimination. Encompasses a range of rights,
from political participation to health and education. - Beijing Declaration and Platform for Action (1995): Adopted by the Fourth
World Conference on Women, it maps out a strategic route for global gender
equality. Encourages the international community to address systemic
barriers, such as violence against women and inadequate healthcare
provisions.
4
Q
Milestones in Children’s Rights
A
- Declaration of the Rights of the Child (1959): Emphasizes that children, by
virtue of their physical and mental immaturity, need special safeguards and
care. Outlines ten principles ranging from protection against neglect to the
right to education. - Convention on the Rights of the Child (CRC, 1989): Comprehensive in nature,
the CRC addresses the needs and rights of children from various angles,
including protection from exploitation and access to healthcare. Encourages
nations to adopt legal measures for the betterment of children’s lives
5
Q
Milestones in Indigenous People’s Rights
A
- ILO Convention No. 169 (1989): This convention recognises the aspirations of
indigenous and tribal peoples and aims to ensure their rights concerning
cultures, traditions, and institutions. Promotes consultation and participation
mechanisms for these communities in decisions affecting them. - UN Declaration on the Rights of Indigenous Peoples (2007): Emphasizes the
rights of indigenous peoples to maintain their unique traditions, customs, and
land relations. Addresses collective rights, which often aren’t included in other
human rights instruments.
6
Q
Milestones in Refugees rights
A
- 1951 Refugee convention: A comprehensive code of conduct for the
treatment of refugees, defining who they are, their rights, and the legal
obligations of states. Focuses on key aspects like non-refoulement,
prohibiting the forced return of refugees. - 1967 Protocol: Expanded the geographical and temporal scope of the 1951
Convention, addressing newer challenges faced by refugees and making
provisions universally applicable.
7
Q
History of International Concern for Human Rights
A
- World War II Aftermath: Following the catastrophic events and human rights
violations of WWII, nations were determined to develop an international
framework that would prevent future atrocities. This marked the beginning of
human rights as an international agenda. - UN Charter: Established in 1945, the charter emphasised the importance of
human rights, setting a precedent for international collaboration.
8
Q
Influence of Globalisation on International Concern for Human Rights
A
- Exposure to Atrocities: As communication technology advanced, human rights
abuses in one region gained immediate global visibility, sparking international
outcries and demands for action. - Economic Interdependence: Nations became intertwined not just politically,
but economically. This interdependence brought with it an obligation to uphold
certain ethical and human rights standards.
9
Q
Regional Instruments that aid in Human Rights
A
- European Convention on Human Rights (ECHR): Implemented in 1953, the
ECHR oversees the protection of human rights in Europe. - African Charter on Human and Peoples’ Rights: Adopted in 1981, this charter
reinforces human rights in the African context. - Inter-American Commission on Human Rights: Serving the Americas, this
body attends to human rights issues specific to its region.
10
Q
Customary Law and Statutory Law
A
- Customary Law: These laws, being unwritten, evolve from prolonged
practices and are built on societal mores. - Statutory Law: These are the codified laws passed by legislative bodies.
- Symbiosis can occur: Situations where customary and statutory laws mutually
uphold human rights. - Dominance can occur: In certain systems, statutory laws hold precedence and
can override customary laws if they contravene human rights. - Friction can occur: Statutory laws, especially if introduced externally, can be
seen as invasive and resisted in favour of customary laws.
11
Q
International Humanitarian Law
A
- Predominantly focused on limiting the barbarities of war, IHL sets forth rules
that are in force during conflicts, aiming to safeguard those not actively
participating in the hostilities. - The Geneva Conventions are the main foundational treaties: These 1949
conventions, divided into four primary treaties, epitomise the international
standards for humane treatment during wars, particularly concerning civilians,
prisoners of war, and the injured. - IHL differs from Human rights in terms of the scope of application, and the fact
that it is treaty based(it is not customs) - The International Criminal Court is pivotal in prosecuting IHL violators
- The international Committee of the Red Cross promotes and monitors IHL.
12
Q
Contemporary Challenges in Humanitarian Law
A
- Sovereignty vs. Global Standards: Balancing between upholding international
human rights and respecting state sovereignty has been a longstanding
challenge. Certain states view international interventions as infringements
upon their sovereignty. - Inconsistent Implementation: Despite the foundational importance of universal
jurisdiction, its real-world application is frequently marred by inconsistencies.
Factors like politics, strategic alliances, and economic interests can dictate
whether action is taken against alleged wrongdoers. - IHL and Human Rights Law Intersection: While both frameworks share the
goal of safeguarding human dignity, their confluence can lead to intricate legal
scenarios, especially in conflict zones. - Jurisdictional Conflicts: Determining the appropriate forum for prosecuting
international crimes, given the multiple overlapping jurisdictions, can pose
challenges.
13
Q
Influence of customs on Human Rights
A
- Influence on Perception: Customs, being society’s moral compass, can often
determine how human rights are perceived. If the core principles of a custom
align with human rights, societies may be more receptive to embracing those
rights. Conversely, customs might also serve as barriers, especially if they
inherently violate global human rights norms. - Influence on Implementation: Customary practices can influence the
mechanism of human rights enforcement. When a nation’s customs align with
human rights, they can facilitate the enforcement process. However, if
customs are at odds with human rights norms, it could hinder the
implementation, causing friction between tradition and modernity
14
Q
Challenges in the Custom-Human Rights Nexus
A
- Cultural Relativism: The argument that human rights are not universally
applicable but should be adapted to each culture’s nuances. This stance can
sometimes mask human rights abuses under the guise of customs. - Resistance to Adaptation: Age-old customs can create strong resistances to
human rights norms, especially when communities believe their identity is
under siege. - Legal Ambiguities: Dual systems, i.e., customary and statutory, can lead to
ambiguities, with people often torn between which to follow, especially in
scenarios of conflict
15
Q
Implications of Constitutional Rights on
National Legal Frameworks and Practices
A
- Direct Application: When a constitution enumerates rights, they’re not merely
aspirational. Citizens can invoke these rights in courts, leading to tangible
remedies. - Legislative influence: All legislative proposals undergo a constitutional litmus
test. Laws contradictory to constitutional guarantees risk being invalidated.
Over time, this ensures national legislation evolves, mirroring the
constitution’s ethos. - Judicial Review: Courts, especially apex ones, are empowered to review
governmental actions and laws. This acts as a check on potential overreaches
or transgressions by the legislative or executive branches. This dynamic
fosters a culture of rights-respectful governance, with the judiciary acting as
the final sentinel. - Political and Civic Participation: Politicians, while crafting policies or
campaigning, use the constitution as a reference point. Promising better
enforcement or suggesting amendments becomes part of the democratic
discourse. For civil society, these rights provide tools for advocacy, allowing
them to hold authorities accountable. - One Challenge is varied interpretations: As societal norms evolve, so does
the interpretation of rights. Courts are frequently tasked with navigating this
dynamic, ensuring rights remain relevant and meaningful. E.g. US supreme
court.
16
Q
Role of International agreements in setting human rights standards
A
- Setting Standards: They’ve established universal benchmarks, urging states
to meet and uphold specific human rights norms. - Promoting Accountability: Their monitoring mechanisms instil accountability
among member states, ensuring that obligations are not just words on paper. - Raising Awareness: By codifying rights, they’ve bolstered global awareness,
catalysing advocacy movements and informing citizens of their inherent rights. - Driving Legislation: Many nations, spurred by these treaties, have revamped
or introduced new laws, embedding these rights within national frameworks
17
Q
National Courts(Role, effectiveness, challenges)
A
- Role: A national protection mechanisms of human rights that serve as the
primary protectors of human rights within a country’s borders. They offer the
means to interpret and enforce rights enshrined in constitutions, legislation,
and ratified international treaties. - Effectiveness: The efficacy of national courts is intrinsically tied to the
independence of the judiciary. In nations with a robust rule of law, courts
frequently offer effective remedies against human rights infringements. - Challenges: judicial backlog, political interference, access barriers
18
Q
Police and law Enforcement(Role, effectiveness, challenges)
A
- Role: a national protection mechanism of human rights that enforce laws,
inclusive of those safeguarding human rights, and are tasked with preserving
public order and safety. - Effectiveness: The perception of police varies. In certain nations, they’re
viewed as the custodians of public welfare; in others, they’re often deemed
culprits of rights violations. - Challenges: Abuse of power, training deficits, corruption
19
Q
International Criminal Court(Role, effectiveness, challenges)
A
- Role: Is an international protection mechanism of human rights The ICC
prosecutes individuals for egregious violations that transcend national
boundaries, including genocide, crimes against humanity, and war crimes. - Effectiveness: Effectiveness: The ICC, since its inception, has rendered
several pivotal verdicts, bringing high-ranking officials and leaders to account. - Challenges: jurisdiction confines(ignores some crimes), reliant on state
cooperation, bias allegations(particularly against african states)
20
Q
International Court Justice(Role, effectiveness, challenges)
A
- Role: The ICJ, seated in The Hague, acts as the primary judicial arm of the
United Nations. It is an international protection mechanism for human rights. It
arbitrates disputes between states and offers advisory opinions on matters of
international law, encompassing human rights issues. - Effectiveness: The ICJ has been instrumental in amicably resolving a
multitude of disputes. Whilst its judgements are legally binding, they often lack
robust enforcement mechanisms. - Challenges: Jurisdictional limits(states need to consent to be tried),
enforcement lacunae(not a potent mechanism to implement judgements
There is also an alleged bias of them being swayed by the worlds major
actors
21
Q
General Criticisms of Protection Mechanisms of Human Rights
A
- Selective Scrutiny: Both national and international bodies face accusations of
biased focus, often based on political or economic considerations. - Enforcement Dilemma: Many international mechanisms, despite their moral
clout, lack tangible tools to enforce their mandates. - Sovereignty Sensitivities: Intervention, especially by international bodies,
often raises hackles, with nations viewing it as an affront to their sovereignty. - Operational Inefficiencies: Protracted bureaucratic processes and
deliberations can stymie timely action, rendering the pursuit of justice
painstakingly slow.
22
Q
Ombudsmen(definition, functionality, effectiveness)
A
- Definition: An ombudsman is typically an independent office, appointed by the
state but distanced from the executive government, tasked with addressing
complaints from the public and promoting the interests of the citizenry against
maladministration. - Functionality: As intermediaries between the state and the public, they play an
integral role in nations with a history of human rights violations. They inspect
government actions, mediate for the public, and investigate claims of rights
abuses. - Effectiveness: The effectiveness is contingent on their independence,
authority, and public perception. In some cases, they are essential in bringing
human rights issues to governmental attention and offering remedies, while in
others, their effectiveness is limited by political control, inadequate funding,
and lack of public trust.
23
Q
Monitoring Methods
A
- Election monitoring: To ensure the integrity and fairness of electoral
processes Teams are deployed to observe electoral campaigns, voting
processes, ballot counting, and results declaration. They assess the election’s
adherence to national laws and international standards. Their presence can
deter electoral fraud, enhance public confidence, and encourage
transparency, although their ability to intervene in electoral processes is
limited. - Fact Finding missions: These missions gather direct, on-ground facts in
response to human rights violation reports They require meticulous planning,
securing testimonies from victims and witnesses, gathering physical evidence,
and cross-referencing information sources. Missions often face obstacles
such as restricted access, hostility from local authorities, and the hazards of
operating in unstable or violent regions. Their findings’ validity can also be
contested by those with vested interests.
24
Q
General Challenges in Monitoring Human Rights
A
- Access and Safety: Physical access to locations, particularly in hostile
environments like war zones or authoritarian states, remains a major obstacle.
The safety of human rights monitors in these areas is also a significant
concern. - Political Interference: State actors may hinder operations through bureaucratic
obstacles, political pressure, or outright hostility. - Resource Constraints: Extensive funding is required for sustained and
expansive monitoring, which is often in short supply, leading to limitations in
scope and the depth of investigations. - Perception and Bias: Monitors must maintain impartiality and manage
perceptions of bias to retain credibility. However, the subjectivity inherent in
interpreting human rights norms and the political motivations of different
actors can affect this.
25
Human Rights Watch in Myanmar(context, activities, achievements and limitations)
1. Context: HRW has been actively reporting on the human rights crisis in
Myanmar, especially post-2021 military coup.
2. Activities: Their work includes documenting military abuses, civilian
casualties, and the displacement of populations.
3. Achievements and Limitations: HRW's reports have drawn international
attention and condemnation, yet the military junta's unresponsiveness and
restrictions on media and NGOs limit the impact
26
Amnesty International in Russia(focus, strategies and impacts)
1. Focus: AI has extensively monitored and reported on human rights issues in
Russia, including freedom of speech, rights of minorities, and political
dissidence.
2. Strategies and Impacts: Through public campaigns and detailed reports, AI
has brought international focus to these issues. However, the Russian
government's repressive measures against NGOs and strict control over the
media hinder effective advocacy within the country.
27
Human Rights Claims: Labour Rights(History, Objectives, case study)
1. History: Post the inhumane working condition ridden industrial revolution,
formation of the International Labour organisation and more actions have
been taken out to guarantee better labour rights.
2. Key objectives: Fair wages, safe working conditions, and reasonable working
hours: These remain central objectives, seeking to balance power between
employers and employees. Right to unionise and collective bargaining:
Empowering workers to negotiate better terms and protect themselves against
unjust treatment.
3. Case study: Bangladesh Garment Workers' Protests (2013): Following the
Rana Plaza collapse, these protests highlighted the need for safer working
conditions and fair wages in developing countries.
28
Human Rights Claims: Indigenous land claims(History, Objectives, case study)
1. History: Stemming from colonial practices that dispossessed indigenous
communities of their lands and rights, leading to long-term marginalisation.
2. Key objectives: Recognition of traditional lands: Efforts to reclaim and secure
legal titles to traditional lands. Preservation of indigenous culture: Maintaining
connections to ancestral lands is critical for cultural heritage and identity.
3. Case Study: Standing Rock Sioux Tribe vs. Dakota Access Pipeline, USA:
Highlighted issues of sovereign rights and environmental protection.
29
Human Rights Claims:Gender Equality Movements(History, Objectives, case study)
1. History: Began with a focus on women's suffrage in the late 19th and early
20th centuries, progressively expanding to include broader issues of equality
in employment, education, and societal roles.
2. Objectives: Combatting gender-based discrimination: Addressing legal and
societal biases that inhibit gender equality. Promotion of reproductive rights
and freedom from gender-based violence: Ensuring women have control over
their bodies and protection from abuse.
3. Case study: women's activism in IRan
30
Causes of Human Rights Violations
1. Political Factors: armed conflicts, corruption, authoritarian governments
2. Economic factors: povery and inequality, globalisation
3. Social and cultural factors: discrimination, traditional practices(some
traditional practices, despite being culturally accepted, violate human rights)
31
Child soldiers(Definition and scale, causes, impact, example)
1. Definition and scale: Children under 18 participating in armed forces.
Thousands are recruited across various continents, especially in Africa and
parts of Asia.
2. Causes: poverty and instability, abduction and coercion, ideological
indoctrination
3. Impacts: psychological trauma, interrupted education, health issues
4. Example: Myanmar Human Rights Watch estimated that children
may account for 35 to 45 percent of new recruits into the
national army, and 70,000 or more of Myanmar's estimated
350,000 soldiers
32
Gender Discrimination(what it is, areas affected, outcomes, Examples)
1. What it is: Unequal treatment or bias based on gender, affecting all genders
but predominantly women and gender minorities.
2. Areas affected: Workplace Discrimination: Pay gaps, career progression.
Health and Education: Access to services and rights.
3. Outcomes: Economic Inequality: Limits participation in the economy. Social
Implications: Perpetuates stereotypes and institutional discrimination.
4. Examples: Iran and switzerland
33
General Ways to Address Human Rights Violations
1. Legal Frameworks: Enacting and enforcing laws to protect human rights.
2. Education and Awareness: Promoting understanding and respect for rights.
3. International Cooperation: Through treaties, trade agreements, and diplomatic
efforts.
34
Western Liberal Theory on Human Rights(origin, features, impact, criticism)
1. Origin and Influencers: Tracing back to Enlightenment thinkers like John
Locke, who emphasised natural rights and individual liberties, and John Stuart
Mill, with his advocacy for personal freedom and liberty against state
interference.
2. Key features: Emphasis on individual rights such as freedom of speech,
religion, and the right to private property. Rights seen as universal, inherent,
and inalienable.
3. Impact: These ideas have profoundly shaped international human rights laws
like the Universal Declaration of Human Rights (UDHR).
4. Criticisms: Critics argue they fail to consider the social and communal aspects
of human life, potentially leading to a neglect of collective responsibilities and
societal welfare.
5. E.g. the First Amendment of the U.S. Constitution safeguarding freedom of
speech. The European Convention on Human Rights focusing primarily on
civil and political rights of individuals.
35
Communitarian and Collective Approaches(origin, features,
contrast with western theories)
1. Origin and Influencers: Rooted in non-Western philosophies and indigenous
societies, with significant contributions from African Ubuntu philosophy, Asian
Confucian values, and Native American communal ideologies.
2. Features: Collective rights, such as rights to cultural preservation, land, and
self-determination. Emphasis on community, social responsibilities, and
interdependence.
3. Contrat with western theories: Collective approaches view rights within the
context of society and culture, arguing that the wellbeing of the group
contributes to the wellbeing of individuals. Advocates highlight the need for
balance between individual liberties and communal harmony.
4. E.g The African Charter on Human and Peoples' Rights integrates individual
and collective rights. Many Asian constitutions incorporate duties towards the
state and society, reflecting collective ideologies
36
Potential Examples of Tension and Integration between collective and individual
rights
1. Conflicting Rights: Instances where individual rights (like freedom of speech)
may clash with collective rights (like maintaining public order or cultural
values).
2. Harmonising Approaches: Some nations are increasingly recognising the
need to integrate both perspectives. Examples include Canada's reconciliation
efforts with Indigenous peoples, balancing national interests and Indigenous
collective rights.
37
Impact of Individual vs. collective rights on global human
rights policies
1. Policy Formulation and Implementation: I The United Nations,
largely influenced by Western liberalism, adopts an individualistic rights
approach. However, it increasingly acknowledges the importance of collective
rights, especially concerning indigenous and minority groups. Additionally
Many countries mirror these international norms in their laws, but adaptations
occur based on regional and cultural particularities.
2. Challenges in enforcement and interpretation as a result of
collective vs individual rights: inherent conflict, necessity for
balancing acts in legal systems to balance these rights(most of the
time just results in predominant cultural ethos being prioritised)
3. The Role of cultural relativism: This debate significantly impacts how individual and
collective rights are perceived and applied in different societies. It leads to diverse
implementation strategies that respect cultural differences while attempting to uphold
fundamental human rights.
38
Analysis of Universalism(Moral absolutism, pros, cons)
1. Moral Absolutism: Belief in inalienable, indivisible rights that are inherent to all
humans.
2. Pros: Provides a stable foundation for international law and human rights
protection. Promotes equality and nondiscrimination globally.
3. Cons: May be seen as a form of cultural imperialism, imposing Western
values on other societies. Could overlook local traditions and practices,
leading to potential conflicts.
39
Cultural Relativism(contextual morality, pros, cons)
1. Contextual Morality: Views moral values, rights, and ethics as contingent upon
cultural context.
2. Pros: Encourages respect and tolerance for diverse cultures and practices.
Allows more flexibility and adaptability in applying human rights based on
local customs.
3. Cons: Risk of justifying abusive practices under the guise of cultural practices.
Might lead to fragmentation of international human rights standards.
40
Sharia Law(context, universalist critique, relativist defence)
1. Context: A legal system based on Islamic principles and teachings.
2. Universalist Critique: Argues that certain aspects, such as gender inequality
and punitive measures, violate universal human rights standards.
3. Relativist Defence: Emphasises respect for religious freedom and societal
norms inherent in Islamic countries, viewing these laws as integral to religious
identity and cultural cohesion.
41
Honour Killings(definition, universalist stance, cultural relativist stance)
1. Definition: Acts, often violent, committed against family members (typically
women) to protect or defend the perceived honour of the family.
2. Universalist Perspective: View these practices as unequivocal human rights
violations, particularly concerning women's rights and the right to life and
safety.
3. Relativist Angle: Some argue that understanding the cultural and social
context of these practices is crucial, although most relativists still contend that
such acts are indefensible.
42
Human Rights used as political tools:
1. Strategic usage in international relations: legitimization and critique(e.g States
or political groups might use human rights rhetoric to legitimise their own
actions or criticise their adversaries) and selective enforcement(selective
enforcement and acknowledgement of human rights issues can reflect
geopolitical interests more than humanitarian concerns)
2. Domestic Politics: internal discourse control, promotion of national agenda
43
Economic Sanctions and Human Rights(Types, effectiveness)
1. Types: Comprehensive vs. Targeted: Comprehensive sanctions affect entire
countries, while targeted or "smart" sanctions aim at specific individuals,
groups, or sectors. Targeted sanctions are increasingly preferred to minimise
suffering among the general population.
2. Human Cost: Even targeted sanctions can lead to unintended socio-economic
hardships, affecting the most vulnerable groups in society.
3. Effectiveness: Long-Term Impact: The long-term effectiveness of sanctions in
compelling change is debated. Cases like North Korea demonstrate how
regimes can resist external pressure over extended periods, often with severe
humanitarian consequences. Symbolic Value vs. Practical Outcomes:
Sanctions can be more symbolic, serving to denounce certain actions and
actors internationally rather than achieving immediate change.
4. Good Example: Sanctions in Syria a series of economic sanctions
and restrictions imposed by the European Union, the United
States, Canada, Australia, Switzerland, mainly as a result of
the repression of civilians in the Syrian civil war from 2011
onwards.
44
Challenges in neutrality of Human Rights organisations
1. Funding and Independence: The source of funding for human rights NGOs
can influence their agendas and focus, raising questions about their neutrality
and independence.
2. Perception of Bias: Accusations of geographical or political bias in reporting
human rights issues can undermine these organisations' credibility and
effectiveness.
45
Consumer Rights(context, universalist stance, cultural relativist stance)
1. Global Context: Covers issues like product safety, accurate information,
freedom of choice, and the right to be heard.
2. Universalist Stance: Advocates for consistent consumer protection standards,
ensuring fairness and safety worldwide.
3. Cultural Relativism: Points out that economic, social, and cultural differences
should inform consumer rights, acknowledging different levels of development
and consumer practices.
46
Balancing individual and collective interests
1. Differing Perspectives: The Western focus on individual autonomy is often
viewed as conflicting with the collective ethos predominant in non-Western
societies.
2. Universal vs Contextual Rights: While international instruments like the UDHR
attempt to universalise rights, they often face challenges in contexts where
collective rights are prioritised.
3. Dynamic Interpretations: The emphasis on different types of rights is subject
to change based on political, economic, and social dynamics within societies,
reflecting evolving values and historical experiences
47
Denial of Prisoner of War’s Rights(context, manifestations and impacts, examples)
1. Context: POWs are entitled to certain rights under the Geneva Conventions,
such as humane treatment and repatriation after conflict. Violations include
torture, inhumane treatment, and forced labour.
2. Manifestations: Physical Abuse: Including torture and deprivation of
necessities. Psychological Torture: Such as solitary confinement and threats.
3. Impacts: Long-Term Health Issues: Both mental and physical. International
Relations: Breaches can lead to diplomatic strains.
4. Examples: Amnesty International published a report in 2021 that
shed light on the ongoing human rights violations at
Guantánamo Bay. The report criticized the detainees'
inadequate medical care and condemned their indefinite
imprisonment without fair trials.
48
South African Constitution Protecting Human Rights(background, key provisions,
implications)
1. Background: After decades under the oppressive apartheid system, South
Africa transitioned to a democracy in the 1990s. To ensure past mistakes
weren't repeated, a new constitution, which was formally adopted in 1996,
placed human rights at its core. The drafting process involved extensive
consultations, including public participation, reflecting a nation's collective
aspiration.
2. Key Provisions: There was a bill of rights, focus on maintaining equality, and
emphasis on freedom of expression
3. Implications: Constitutional court, affirmative action, land rights
49
Universal Jurisdiction of Human Rights Abuses
1. Universal jurisdiction is a revolutionary legal doctrine permitting nations to
claim criminal jurisdiction over an accused person irrespective of nationality or
where the alleged crime was committed.
2. Crimes under this ambit are war crimes, genocide, crimes against humanity
and torture and enforced disappearances.
