Foundations of HR Flashcards
(55 cards)
Human Rights
A claim by someone, on someone, for something essential to human dignity
Binding International Law
Legally binding treaties (conventions, covenants) that can be bilateral or multilateral. They can have optional protocols which are added onto treaties after the fact. They have some type of reporting mechanism and the number of states needed to ratify it in the treaty itself.
Treaty Ratification Process
Representatives of a state SIGN a convention.
It is then passed to that country’s legislature for RATIFICATION, they must make sure their nation’s laws don’t conflict with the convention’s obligations. The nation will uphold the convention with national laws. Ratified once the required number of states specified in the treaty ratify it.
Customary Law
Mid-range law that achieves the binding force of international law over time through custom and practice. Isn’t signed, but upheld through constant and uniform practice. Ex: UDHR (Universal Declaration of Human Rights) & Principle of Diplomatic Immunity.
Norm
Expectation for an actor with a given identity
Soft Law
Norms that do not meet the procedural test of law, but influence policymaking including UN Declarations & Conference Documents. They aren’t ratified, but countries can endorse them. Ex: Declaration on Violence Against Women.
Shame and Blame Game
If one state is upset with the actions of another, they may shame them and blame them in various ways.
Universal Declaration of Human Rights
First authoritative interpretation of references to HR in UN Charter that has 30 articles. Not a theory of Human Rights. Customary law, without a monitoring body. Includes both negative and positive rights (protections from and entitlements to).
examples of rights:
- political rights (to vote, express political ideologies),
- economic rights (equal access to work, treatment at work, minimum guaranteers for wellbeing for people who cannot work)
- Rights of communities (self-determination)
- NONDISCRIMINATION (common among all three pieces)
UDHR Article 29
Everyone has duties in the community along with their rights. Interconnected. Also, rights are limited for the purpose of securing recognition and respect for the rights and freedoms of others and the requirements of morality, public order, and general welfare. (non-derogable v. derogable rights)
Derogable Rights
Can be suspended under some circumstances (public order, public emergency). Ex: property, freedom of movement
Non-Derogable Rights
Cannot be suspended under any circumstances. Listed in ICCPR Part II, Article 4:
- Article 6 (Life)
- Article 7 (TORTURE)
- Article 8 (SLAVERY)
- Article 11 (IMPRISONMENT for FAILURE TO MEET CONTRACTUAL OBLIGATIONS)
- Article 15 (NO RETROACTIVE JUSTICE)
- Article 16 (RECOGNITION UNDER THE LAW)
-Right to be recognized legally even without citizenship
- Article 18 (THOUGHT, CONSCIENCE, RELIGION)
ICCPR
International Covenant on Civil and Political Rights (1976)
ICESCR
International Covenant on Economic, Social, and Cultural Rights (1976)
ICCPR (Def)
U.S. Constitution/Bill of Rights is heavily based on this.
- Under context of Cold War, so delay in entry into force.
- Monitored by HR Committee created under a term of the treaty.
- Rights are immediately actionable OR remedies must be in place for shortfalls.
- Nondiscrimination must be guaranteed.
- Article 4 paragraph 2 details non-derogable rights and derogable rights. Derogable can only be suspended in public emergency
ICESCR (Def)
- U.S. has not ratified, but many other countries have based parts of their constitutions on it
- Progressive Realization of rights.
- States have minimum obligation to ensure nondiscrimination & to use maximum extent of available resources to achieve economic rights
- International Development Cooperation is essential
- Nondiscrimination immediately guaranteed
- No treaty body initially created
INCLUDES: - Article 6: the right to work
- Article 7: to just and favorable conditions of work
- Article 8: to trade unions
- Article 9: to social security
- Article 11: to an adequate standard of living
- Article 12: to health
- Article 13: to education
Challenges of ICESCR
setting “baselines” for fulfillment of economic rights & enforcement
Humanitarian Law
Protection of rights in times of war, beginning with the Geneva Conventions which protect:
- wounded sick combatants
- prisoners of war
- civilians in times of war
International Criminal Law
Challenge
has the challenge of enforcement in absence of an international “police” force
Protect who?
Geneva Conventions
protect:
* wounded/sick combatants
* prisoners of war
* civilians in times of war
Main Challenges of International Law
Enforcement & Sovereignty
UN Charter (1944)
First international treaty to explicitly mention human rights (but does not define or specify types of rights to be protected & promoted. This is why the UDHR was created as soft law. Chapter VII specifies UN’s role in addressing “threats to international peace and security.” Threats is continuously evolving. Created Security Council, Secretary General, General Assembly, International Court of Justice
Nuremberg Charter (1945)
established concept of “crimes against humanity”; example of humanitarian law; precursor to Genocide Convention
Genocide Convention (1948)
Made individuals responsible for prosecution if they try to destroy a national, ethnic, racial, or religious group
Security Council
Authorized under UN Charter chapter VII to create judicial institutions as needed for promotion of peace and security.
Goal: prosecute individuals who pose a “threat to international peace and security” and act preventatively.
Declares war which can declare a state of humanitarian law.
- archaic, reflecting power balance from founding of UN with P5 (France, US, UK, China, Russia) having veto power. Also rotating members.
