human rights

Question 1

human rights

Answer 1

IB: HR are basic claims & entitlements that, many argue, one should be able to exercise simply by virtue of being a human being.

Heywood: Rights in which people are entitled to by virtue of being human. They are universal, indivisible, and absolute.

Question 2

examples of civil + political rights

Answer 2

freedom from slavery, discrimination, and torture
equal protection under the law
freedom of movement
suffrage
freedom of thought, expression, opinion, association, religion

Question 3

examples of social + economic rights

Answer 3

free basic education
social security
employment
fair wages and equal pay for equal work
an adequate standard of living

Question 4

positive rights (help)

Answer 4

Expands the role of government
Others must help you in some way
A service of some kind must be provided
Known as “entitlements”

Question 5

negative rights (don’t harm)

Answer 5

Limits the Government
Others cannot interfere with you
No action is required in order for these rights to exist
Known as “liberties”

Question 6

libertarianism

Answer 6

is a political philosophy that upholds liberty as a core principle.

Question 7

libertarian view

Answer 7

Libertarians seek to maximize autonomy and political freedom, emphasizing free association, freedom of choice, individualism and voluntary association

Question 8

4 key human rights principles

Answer 8

inalienable, independent, interdependent, universal

Question 9

UDHR (universal declaration of human rights)

Answer 9

Adopted by the UN General Assembly on Dec 10, 1948
58 countries in UN @ time, 48 signed, 8 abstained, 2 didn’t vote. Abstainers: 6 Communist countries (including USSR), Saudi Arabia, and South Africa
30 articles
Not legally binding, but foundation for 9 binding treaties that came later

Question 10

problems with the drafters of the UDHR

Answer 10

1 female, none from Africa (most countries weren’t independent yet), P5 nations represented, etc.

Question 11

UN role in human rights

Answer 11

Articulates HR standards
Develops treaties
Monitors HR conditions
Reports abuses
HRC conducts a universal periodic review
Rapporteurs investigate problems
Condemns perpetrators

Question 12

criticisms of UN dealing w/ hr

Answer 12

Slow to respond
Cannot enforce standards/resolutions

Question 13

role of international courts for hr

Answer 13

ICJ (UN)- tries countries
Tribunals- try individuals
ICC (independent)- try individuals
Hold governments accountable
Threat of trial may deter violations
Allows those who have no voice a chance for justice.

Question 14

challenges of international courts dealing w/ hr

Answer 14

Refusal to join from powerful countries
Lacks legitimacy- cases come from less powerful countries
May shatter chance for peace

Question 15

role of ngos in hr

Answer 15

Grassroots of international
Educate general public/ provide support and take legal action
Impartial

Question 16

criticism of ngos dealing w/ hr

Answer 16

International ngos don’t take enough local input

Question 17

role of social movements for hr

Answer 17

Pressure government to modify behavior
Address wide range of issues
Can draw international attentions

Question 18

challenges social movements face when dealing w/ hr

Answer 18

Can be met with brutality
Public apathy

Question 19

why is it important to codify at a national level?

Answer 19

protects human rights
promotes accountability
provides a legal framework for addressing violations
increases awareness
supports international obligations

Question 20

what is a constitution

Answer 20

At the national level, human rights typically codified in a state’s constitution.
A constitution is a legal document that outlines the powers of the state and the procedures that will determine how the government is formed and how it functions.
Constitutions are laws, and as such are very legalistic in their language. It is also important to note that constitutions are meant to be the supreme law of a state and that no one, even the government, is allowed to break its provisions. Of course in practice this may not always happen, particularly in a state that does not have an impartial or independent judicial branch of government. Politically appointed judges may interpret, or ignore, the constitution.

Question 21

U.S. Secretary of State Christopher Warren opinion on cultural relativism

Answer 21

“We cannot let cultural relativism become the last refuge of repression.”
U.S. Secretary of State Christopher Warren speaking at the World Conference on Human Rights in Vienna, 1993.

To what extent do you agree with Warren?

Question 22

universalism

Answer 22

Universalists argue that all peoples have a shared and common humanity which means there can be some universal values. In human rights, universalists believe that all humans have the same inalienable rights simply because of their humanity. Therefore, all humans are entitled to the same rights and freedoms, regardless of age, sex, gender or any other distinguishing characteristic.

Question 23

relativism

Answer 23

Relativism is a critical theory that argues nothing is universal among humans and that all values are created by culture. Because there is no universal culture, there can be no universal values. As a result, each culture determines its own values and its own idea of justice. Morality is subjective, and there is no objective morality. Relativists believe it is impossible to impose a universal set of human rights on all cultures because each culture creates its own set of morals and ideas of right and wrong. Instead, human rights are relative to the cultures that created them (i.e. western culture) and other cultures are entitled to their own morality.

Question 24

treaty

Answer 24

an international agreement b/w 2 parties, members or even nations
- legally binding
- ex: global plan of action to combat trafficking in persons

Question 25

protocol

Answer 25

a document that is legally binding that allows alterations and amendments to the main treaty - legally binding - ex: kyoto protocol

Question 26

convention

Answer 26

something that happens prior to a treaty being formed. can also mean a treaty among a number of countries - legally binding - ex: geneva convention

Question 27

International Covenant on Civil and Political Rights (ICCPR)

Answer 27

a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.

Question 28

International Covenant on Economic, Social and Cultural Rights (ICESCR)

Answer 28

ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant.

Question 29

pros of the ICCPR and ICESCR

Answer 29

1st legally binding int’l human rights laws Clarified rights from UDHR

Question 30

cons of the ICCPR and ICESCR

Answer 30

No international enforcement body; only reports to UN GA Not all states signed + ratified (e.g. China) and many ratified but w/ “reservations” (e.g. US – govt may impose capital punishment on anyone but pregnant woman)

Question 31

review process for ICCPR

Answer 31

The Human Rights Committee is the body of 18 independent experts that monitors implementation of the International Covenant on Civil and Political Rights by its State parties. All States parties are obliged to submit regular reports to the Committee on how civil and political rights are being implemented. Countries submit periodic reviews regarding the status of HR in their country

Question 32

pros and cons of Convention Against Torture and Other Cruel, Inhuman & Degrading Treatment (1984)

Answer 32

pros: - Builds on UDHR & ICCPR - Specifies definition of torture & responsibilities for preventing it - Prohibits states from relying on evidence gained via torture - Protects all human beings (not just a state’s own citizens from torture) cons - States that have signed+ratified still carry out torture (e.g. US in aftermath of 9/11)

Question 33

pros and cons of the Convention on the Protection of Rights of Migrant Workers (1990)

Answer 33

pros: - Focuses on a specific subset of people (approx. 3% of world population are int’l migrant) often overlooked cons: - Mostly migrant SOURCE countries have ratified (e.g. Philippines, Bolivia, Morocco) - Migrant DESTINATION countries (e.g. EU, US) have not ratified

Question 34

pros and cons of the Rome Statute (1998)

Answer 34

pros: - Created the International Criminal Court ICC - Power to investigate & prosecute HR violations - If UN Security Council allows, countries may be investigated for HR violations cons - No Russia, US, China, etc. - Few convictions; mostly in Africa

Question 35

how many core international human rights treaties are there?

Answer 35

9

Question 35

what does the international criminal court deal with?

Answer 35

(I) Genocide, (II) Crimes against humanity, (III) War crimes, and (IV) Crime of aggression

Question 36

9 core international hr treaties

Answer 36

ICERD, ICCPR, ICESCR, CEDAW, CAT, CRC, ICRMW, ICRPD, ICPPED

Question 37

ICERD

Answer 37

international convention on the elimination of all forms of racial discrimination

Question 38

ICCPR

Answer 38

international covenant on civil and political rights

Question 39

ICESCR

Answer 39

international covenant on economic, social and cultural rights

Question 40

CEDAW

Answer 40

convention on the elimination of all forms of discrimination against women

Question 41

CAT

Answer 41

convention against torture and other cruel, inhuman, or degrading treatment or punishment

Question 42

CRC

Answer 42

convention on the rights of the child

Question 43

ICRMW

Answer 43

international convention on the protection of the rights of all migrant workers and members of their families

Question 44

ICPPED

Answer 44

international convention for the protection of all persons from enforced disappearance

Question 45

CRPD

Answer 45

convention on the rights of persons with disabilities

Question 46

ad hoc

Answer 46

created or done for a particular purpose as necessary.

Question 47

ad hoc tribunals

Answer 47

The practice of protecting and enforcing human rights at the international level has existed since the end of World War Two. - The Nuremberg Trials (1945-1946) - International Criminal Tribunal for the Former Yugoslavia (1993-2017) - International Criminal Tribunal for Rwanda (1994-2015 None of these courts were permanent and were entirely reactive in nature. In other words, they were only established after a severe violation of human rights had occurred. Afterwards, the court was dissolved.

Question 48

why was the ICC created?

Answer 48

In 2002 the International Criminal Court (ICC) was established to ensure that a permanent court of justice existed to remain vigilant over violations of human rights.

Question 49

ICC

Answer 49

After 60 states ratified the 1998 Rome Statute, the ICC began in 2002 As of Oct 2017: 137 members Can only prosecute crimes occurring since 2002 Unlike ICJ, ICC prosecutes only individuals, not states Is a court of “last resort” – wants states to enforce 1st Tries to limit Security Council’s role in enforcement

Question 50

NGO role in ICC

Answer 50

NGOs such as Human Rights Watch and Amnesty Int’l helped est. the ICC as a permanent body to focus on (a) the prosecution of genocide, (b) crimes against humanity, and (c) war crimes. NGOs help: provide support for victims & witnesses in giving evidence submit legal analyses and policy arguments in the ICC through amicus curiae (“friend of the court”) briefs govts with writing reports, translating services, etc.

Question 51

strengths of ICC

Answer 51

1. Attempts to provide consistent enforcement (tries to eliminate ad hoc tribunals) 2. Provides the basis for external intervention when internal remedies are unavailable 3. Tries to deter future atrocities

Question 52

weaknesses of ICC

Answer 52

1. US, China, Russia, India are not members 2. Threatens intrusion into the affairs of sovereign states, even for non-member countries. (Most common criticism) - Jurisdiction to intervene is granted only (a) in countries who are members OR (b) (if allowed) in non-member countries by nationals of countries who are members - However, if the US deployed its military IN another country that is an ICC member, its personnel would be subject to the laws governing the ICC. 3. Too slow/too ineffective - Not enough convictions 4. Possible biases - Pro-Western values & legal traditions - Anti-developing world - Anti-Africa (until 2013, all those prosecuted by ICC had been African)

Question 53

universal jurisdiction

Answer 53

is a legal principle (concept) that says certain crimes can be prosecuted from anywhere in the world because they are crimes against the human community. As a result, certain violations of human rights can be investigated and tried regardless of state sovereignty and international borders.

Question 54

INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

Answer 54

* regional interstate organization * permanent body: Meets several times a year to examine human rights violations in the hemisphere * Parent organization: OAS (Organization of American States) – 35 countries of the Americas. Its human rights duties comes from 3 documents: the OAS Charter (1948), the American Declaration of the Rights and Duties of Man (1948, earlier in same year than UDHR), the American Convention on Human Rights (1969) * tries countries, not people * Enforcement: Court can require monetary and non-monetary reparations for damages done.

Question 55

process of INTER-AMERICAN COURT OF HUMAN RIGHTS (IACHR)

Answer 55

1. Individuals file a complaint with the Commission 2. If the Commission rules case is admissible and the state is at fault, the Commission will issue recommendations to the state to make changes 3. If the state does not follow these recs, then the case may be referred to the Court. 4. The court is a LAST RESORT in settling the matter. Court can require monetary and non-monetary reparations for damages done.

Question 56

examples of regional human rights courts

Answer 56

1. The African Court on Human and Peoples' Rights 2. European Court of Human Rights - Can prosecute individuals Asia does not have a court, though some trading blocs have HR agreements

Question 57

issues with national courts

Answer 57

The issue with national courts, however, is that not all states have a fair, independent, or transparent court system. Furthermore, states may be incapable (e.g. failed states) or unwilling to enforce certain human rights, regardless of their treaty obligations under international law

Question 58

2 tasks of supreme courts

Answer 58

First, be a court of final appeal meaning that if you believe a local or provincial court did not give you justice you have the opportunity to go to the supreme court to get a final decision on your case. Second, the determine the legality or constitutionality of government legislation. This means that the supreme court has the power to determine if a government’s laws follow the constitution’s rules or not. Therefore, if human rights are codified in the constitution, it is often the supreme court’s job to determine when or if these have been broken.

Question 59

NGOs bringing human rights to court

Answer 59

Supreme courts do not investigate human rights violations independently. Instead, a concerned party (e.g. the person whose rights were violated, an NGO) must bring the case to court in a lawsuit that argues a particular right under the constitution was violated. This process can take years to go through the courts and requires the costly employment of lawyers to argue your case. We should recognize that not everyone has the financial resources to bring their cases to court. On the other hand, this is good opportunity to consider the value of non-governmental organizations (NGOs) in the practice of human rights. The American Civil Liberties Union (ACLU), for example, often provides, and pays for, its own lawyers to represent individuals who believe their human rights have been violated by the American government.