Human Rights Flashcards
(43 cards)
Universal, indivisible, inherent, inalienable?
Universal: conferred upon all individuals regardless of nationality, gender, race etc.
indivisible: equally important
Inherent: employed by all humans simply by reason of their humanity
Inalienable: people cannot agree to waive them or have them taken away.
Categories of human rights
Civil and political
Economic, social and cultural
Collective
Civil and political rights? What international instrument/s govern them?
Civil: to do with being free citizen of nation (eg. Freedom or religion)
Political: do with full participation of govt. (eg. Suffrage)
Entrenched in Articles 3-21 of UDHR 1948 and ICCPR 1966
Social, economic and cultural rights?
What international instrument/s govern them?
Economic: concerned with production, development and management of materials for necessities of life
Cultural: assist in preservation and enjoyment of one’s culture
Social: give people security to live together
Entrenched in articles 23-27 of UDHR 1948 and ICECSR 1966
Collective rights
Belong to entire communities as opposed to solely individuals eg. Environmental/peace/self-determination/ freedom of religion and association
Define slaves. Movement of slavery?
- slaves had no personal, individual rights and would be bought and sold as property as well as physically, sexually and emotionally abused.
- slave trade started in ancient times in Ancient Greek, Egyptian and Roman world and continued until the 18th century where it was challenged.
- Protestants began to oppose slavery as it was inconsistent with church maxims of ‘loving thy neighbour’ and ‘equality before God’
- in response, British govt. passed SLAVERY ABOLITION ACT 1833, which would abolish slavery despite economic consequences in plantation areas.
- After WW1, CONVENTION TO SUPPRESS THE SLAVE TRADE AND SLAVERY 1926 was enacted following the continuation of the slave trade.
- when UN replaced League of Nations, supplementary convention was enacted that forced banned use.
- despite this, slavery still exists with UN estimating around 2.5 million people are being recruited, transported, entrapped and exploited.
Define trade union. Trade union movement?
Trade unions: employee associations which employ their combined bargaining power to attain more favourable wages and working conditions
- emerged following Industrial Rev in Britain
- early trade unions established sense of responsibility in employers towards their employees
- article 23 of UDHR recognised right to form and join trade unions for protection of ones rights.
- despite this continue to experience difficultly part. In Middle East where it is illegal to engage in union activity
Universal suffrage and movement?
Right for every adult to vote
- previously, only extended to white, male upper class
- gradually extended to lower class and only until 1890s was it extended for women. SA granted in 1984, fed gov followed in 1902.
- right to vote entrenched in article 21 of UDHR
- still outlawed in Saudi Arabia
International bill of rights constituted by:
UDHR, ICCPR, ICECSR
UDHR?
Universal declaration of human rights lists human rights to which each person is entitled, 30 articles devoted to particular or set of rights.
State sovereignty
Nations right to govern itself and decide its own destiny without external influences on domestic affairs
Disadvantage of state sovereignty
- States can commit human rights abuses without fear of retribution
- States do not have to attend hearings
Why do States comply with international human rights law?
Reciprocity: expectation that other states will respond in kind
Legal obligation: legally obliged to protect and preserve humans rights
Why don’t States comply with international human rights law
Many countries may view principles in UDHR and UN Charter as purely Western ideals, resulting in national non-compliance and creation of instruments such as Cairo Declaration on Human Rights in Islam 1990
GA? Role?
General assembly is legislative body of UN and involves 193 member states who serve to promote human rights through passing resolutions which may protect/strengthen human rights internationally.
Effectiveness of GA?
GA can be considered effective as:
- provides forum for all UN member states to address human rights issue
- thousands of resolutions passed
Effectiveness constrained by:
- reliance of SC to enforce resolutions
- state sovereignty > refusing compliance
SC. Role?
Security council is the executive body of the UN and served to enforce human rights resolutions made by GA. In reaction to non-compliant states, they may undertake;
- moral sanctions
- economic and financial sanctions > trade embargoes and freezing financial assets
- use of force
Effectiveness of SC is limited due to?
- Big 5s veto power > insulates these powers from international human rights scrutiny. America, Russia + China not experienced any sanctions for their human rights declaration
- economic sanctions often increase hardships on general population not political elite.
ICJ. How was effectiveness demonstrated?
International court of justice is the judicial body of the UN. States which commit human rights violations against citizens of other states and which have accepted jurisdiction of ICJ are liable to be sued by victim state.
- NICARAGUA VS. USA 1986 > Nicaragua suing US for their implicit involvement in war crimes committed by contra forces > shows ICJ is effective instrument for nations to express human rights grievances.
Office of the United Nations high commissioner for human rights role and goal?
Is an intergovernmental organisation - Serves to coordinate various human rights bodies and prevent the occurrence of human rights violations.
ICC?
International criminal court was created by ROME STATUTE 1998 and trials individuals accused of genocide, war crimes and crimes against humanity.
Advantages and disadvantages of ICC.
A:
- principle of deterrence > discouraged due to fear of punishment
- justice achieved in states which normally would not be capable of prosecuting human rights violations
- legal processes and institutions already in place before violations occur > increasing efficiency
D:
- warrants proven difficult to execute due to non-compliant gvts.
- most ICC’s case load comes from Africa suggesting regional bias
- difficultly in convincing witnesses to come forward
NGOS. Role of NGOS
NGO’s are not for profit and politically unaligned organisations aiming to improve people’s lives. They have varied purposes, issues and supporters. They must rely on donations from individuals, advocacy groups and UN
Eg of NGO. And successes.
Amnesty international is an NGO seeking to advance cause of human rights globally through lobbying of fonts. And other important groups.
- arms trade treaty 2013 which prevents signatories from selling weapons to counties where the risk of human violations is high is an important success of AI advocacy + lobbying.
