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A level Politics Unit 4 > Human Rights > Flashcards

Flashcards in Human Rights Deck (63)
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1
Q

Define HUMAN RIGHTS

A

Human rights are rights to which people are entitled by virtue of being human; they
are a modern and secular version of ‘natural’ rights, which were believed to be God-given. Human rights are therefore universal, fundamental, indivisible and absolute.

2
Q

Define the UDHR

A

The Universal Declaration of Human Rights is a document that sets out fundamental human rights that are universally protected. Developed by the UN General Assembly in December 1948.
Has a strong emphasis on political rights.

3
Q

Define the HUMAN RIGHTS COUNCIL

A

The Human Rights Council is a UN body with 47 member states that replaced the UN Human Rights Commission in 2006. It addresses situations of human rights violations but has no authority other than to make recommendations to the General Assembly which, in turn, can only advise the Security Council.

4
Q

Define NGOs

A

Non-governmental organisations are private, non-commercial groups that seek to achieve their ends by using non-violent means. They play a prominent role in the human rights regime by serving as a ‘bridge’ between global or regional organisations and efforts to promote human rights on the ground.
EXAMPLE: Over 1,500 NGOs participated in the UN Conference on Human Rights in Vienna, 1993.

5
Q

Define the ECHR

A

The European Convention of Human Rights was developed in 1950 under the auspices of the Council of Europe and is based on the UDHR. The protection of human rights is generally seen to be most advanced in Europe due to the widespread acceptance, and status, of the European Convention on Human Rights. It has a compliance rate of over 90%.

6
Q

Define NEGATIVE RIGHTS

A

Negative rights are rights that are enjoyed by virtue of the inactivity of others, particularly governments. Often a ‘freedom from…’

7
Q

Define POSITIVE RIGHTS

A

Positive rights are rights that can only be enjoyed through positive intervention on the part of government. Often linked to the idea of ‘freedom to’.

8
Q

Define POLITICAL RIGHTS

A

Political rights are rights strongly associated with liberal individualism . They are often viewed as ‘negative rights’ in the sense that they imply restrictions or constraints on government power.
Also knows as ‘first generation rights’.
EXAMPLES: the right to life, freedom of speech, freedom of assembly, freedom of association.

9
Q

Define SOCIO-ECONOMIC RIGHTS

A

Socio-economic rights are rights based on socialist philosphy that are designed to protect people from poverty and economic injustice. They are ‘positive rights’ in the sense that they require government intervention rather than its constraint.
Also known as ‘second generation rights’.
Often, they require the materials and resources that most states do not possess.
EXAMPLES: the right to social security, the right to education and the right to work.

10
Q

Define SOLIDARITY RIGHTS

A

Solidarity rights are rights that help particular groups protect their identities, interests or culture. They aim to protect national minorities and victims of neo-colonialism.
Also known as ‘third generation rights’.
EXAMPLE: Native Americans living in Canada are granted special hunting, fishing and gathering rights that other Canadians do not enjoy.

11
Q

Define INDIVIDUALISM

A

Individualism is the belief in the supreme importance of the individual over any social group or collective body

12
Q

What are the implications of human rights on global politics?

A
  • Undermines state sovereignty and a state’s right to do as they please
  • Implies an obligation to intervene in other states if human rights abuses occur
  • Strengthens regional and global governance
13
Q

How does the UN try to promote human rights?

A
  • Universal Declaration of Human Rights
  • UN Human Rights Council. Has 47 member states who are committed to the promotion and protection of international human rights.
  • UN High Commissioner for Human Rights who promotes worldwide respect for human rights.
14
Q

How do NGOs aim to promote human rights?

A
  • Work directly in the field to prevent suffering as well as campaigning on behalf of those they treat
    EXAMPLES: Oxfam, Amnesty International, Red Cross
  • Exert pressure by gaining media coverage
    EXAMPLE: over 1500 NGOs attended the UN Conference on Human Rights in Vienna in 1993.
15
Q

Why have socioeconomic rights been criticised?

A
  • It is unclear who is responsible to uphold them
  • Their maintenance requires resources that most states don’t have
  • They may encourage a national dependency culture, where citizens overly rely on their governments
  • The delivery of socioeconomic right may prevent people accessing political rights.
16
Q

Why have solidarity rights been criticised?

A
  • They are too vague
  • It is controversial that they assume that human rights can belong to groups as opposed to individuals
  • They suggest that people, even within the same political entity, enjoy different rights
17
Q

Why do states pay attention to human rights?

A
  • Domestic tradition already exists
  • External expression of basic liberal values
  • Encourages common norms between states (now seen as one of the key conditions for membership of the international community)
  • Expediency - states may make cynical use of human rights agenda as a cloak for promoting self interest.
18
Q

Why is it difficult to prevent human rights abuses?

A
  • State sovereignty
  • Weaknesses of international law and NGO power
  • Failed states and civil wars - human rights fail to exist when states collapse e.g. in Iraq
19
Q

What are the sources of human rights?

A
  • UDHR (1948)
  • Magna Carta (1215)
  • Cyrus’ Cylinder (539 BC) - first records of human rights
  • British Bill of Rights (1689)
  • ECHR (1950)
20
Q

What are some examples of terrorist attacks from 2001 onward?

A
  • 9/11 attacks in the USA in 2001 (3000 dead)
  • 7/7 bombings in London in 2005 (52 dead)
  • Manchester Arena attack in May 2017 (22 dead)
  • London Bridge attack in June 2017 (8 dead)
21
Q

What measures have been taken by the UK and US governments to counter terrorism?

A
  • Guantanamo Bay internment camps
  • USA’s PRISM spying programme
  • Iraq war in 2003
  • the ‘War on Terror’
22
Q

Why has the idea of universal human rights been criticised?

A
  • There are differing conceptions of human rights (i.e. they are subjective)
  • They favour individualism over collectivism
  • Cultural imperialism
  • Economic rights are difficult to ensure due to the difference in wealth of countries
23
Q

How do realists criticise the human rights regime?

A

They argue that they infringe upon state sovereignty and prevent the state from acting in ways that it wishes.

24
Q

Define INTERNATIONAL LAW

A

International law is the law that governs states and other international actors.
Realists and liberals debate whether it is effective.

25
Q

What are the sources of international law?

A
  • Treaties (e.g. the UN Charter)
  • Custom, i.e. ‘way things are done’
  • General principles of law that are present in all countries
  • Legal precedent (written arguments of judges and lawyers)
26
Q

What is the difference between the realist and liberal views of international law?

A

Realists tend to dismiss international law because of the lack of a means to enforce it. They call those who support international law ‘idealists).
Liberals (idealists) strongly support international law and would like to replace reliance on power with a reliance on legal norms.

27
Q

Why do states obey international law?

A
  • Self interest and reciprocity - states obey international law because they have calculated that it will benefit them in the long run
  • Fear of disorder
  • Fear of isolation from the international community
  • Fear of punishment
  • Identification with international norms
  • Enhances soft power, so they are seen as good
28
Q

Define the ‘AD HOC’ COURTS

A

‘Ad hoc’ courts were temporary special tribunals set up by the UN to investigate human rights abuses in places like the former Yugoslavia, Rwanda and Sierra Leone.

29
Q

What were the Nuremburg trials?

A

The Nuremburg Trials were a series of military trials that took place between 1945 and 1949 which were used by the Allied forces of WW2 to prosecute prominent figures of the Nazi regime. However, it is notable that no Nazi has ever been charged with the crime of genocide.

30
Q

Why did human rights make such progress in the 1990s?

A
  • The collapse of the Soviet Union led to the USA’s ‘unipolar moment’. This meant the USA could act unilaterally on humanitarian grounds, not merely on the grounds of the containment of communism.
  • The collapse of the SU also brought democracy to a large part of the world.
  • The spread of globalisation increased the human rights message globally. Human rights abuses gain more media attention through 24 hr news channels and the work of NGOS like Amnesty International and Human Rights Watch.
  • The setting up of the ad hoc courts and later the ICC in 2002
31
Q

Define the INTERNATIONAL CRIMINAL COURT

A

The ICC is an IGO and international tribunal that sits in The Hague in the Netherlands. Since 2002, the ICC has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, and war crimes.
123 out of 193 states have ratified the Rome Statute, its founding document (although the USA is a notable absence).

32
Q

How is the ICC effective?

A
  • Prosecutes the world’s worst offenders
  • Strengthens international humanitarian law
  • Acts as a deterrent for future criminals
  • Provides closure for the victims
  • Tackles the global justice gap
33
Q

How is the ICC criticised?

A
  • The trials take a long time and are expensive
    EXAMPLE: Since its inception, its expenditure has reached around £600m
  • Only 4 people have been convicted
  • Major powers are non signatories
    EXAMPLE: the USA, China, Russia, India, Saudi Arabia
  • Accused of being a political tool of the West.
    EXAMPLE: all but one of its current investigations are in Africa
  • Infringes upon state sovereignty
  • It has no powers of enforcement and can easily be ignored by states. It is therefore weak.
34
Q

Define HUMANITARIAN INTERVENTION

A

Humanitarian intervention is military intervention that is carried out in pursuit of humanitarian rather than strategic objectives.

35
Q

Why did humanitarian intervention increase in the 1990s?

A
  • The end of the Cold War meant there was a wider acceptance of liberal human rights. US became hegemon.
  • When the SU collapsed, the states that belonged to it were unstable and there were a lot of civil wars. e.g. the collapse of Yugoslavia.
  • Globalisation spread the ideals of human rights
  • Humanitarian intervention was demanded by Western populations (due to the CNN effect and 24hr news providers).
  • Western governments (USA/UK) used protection of human rights as a basis for intervention in an attempt to create a new world order
36
Q

What are some examples of humanitarian interventions?

A

1992 - Somalia (US led and UN authorised)
1999 - Kosovo (NATO led)
2000 - Sierra Leone (UK led)
2011 - Libya (NATO action - no fly zone)

37
Q

Why is humanitarian intervention problematic?

A
  • Undermines state sovereignty
  • A move towards a ‘world police’
  • Enforces cultural homogenisation and the idea that human rights provide standards that can be used across the world
  • Leads to force becoming the first method of action
38
Q

Why did humanitarian intervention fall out of favour in the 2000s?

A
  • The USA started to focus on its own security rather than worldwide human rights - focused on the WAR ON TERROR
  • Rise of multi polarity and the BRICS - China and Russia have become much more assertive and much more confident in using UNSC vetoes
  • Loss of American soft power - the use of extraordinary rendition, Guantanamo Bay and torture exposed them as hypocrites
  • States could not agree on criteria for intervention
  • Western imperialism - occupiers tried to shape communities to fit in with their own often Western ideals
  • New American administration in 2016 - Trump is unlikely to get involved in any countries to help protect their human rights. ‘Make America Great Again’ etc.
39
Q

What are examples of non-interventions?

A
  • Sudan (2003)
  • Syria (2011-2013)
  • Myanmar (2017)
40
Q

What are the arguments for humanitarian intervention?

A
  • Exists as customary human rights law
  • R2P implies a moral duty to protect civilians from genocide and war crimes
  • When a state fails to protect the rights of its citizens, it loses it sovereign rights.
  • All people are entitled to basic human rights
  • Human rights abuses in one part of the world impact elsewhere due to globalisation
41
Q

What are the arguments against humanitarian intervention?

A
  • Humanitarian principles conflict with the idea of sovereignty and non intervention in states
  • Used to legitimise the interference of the strong in the affairs of the weak
  • States almost always intervene for strategic purposes, not simply to protect human rights
  • Political leaders do not have the right to shed the blood of soldiers for strangers
  • States are selective about when they intervene
42
Q

Define RECIPROCITY

A

Reciprocity is exchanges between two or more parties in which the actions of each party are dependent on the actions of others.

43
Q

Define WAR CRIMES

A

War crimes are violations of the laws or the customs of laws of war.

44
Q

Define CRIMES AGAINST HUMANITY

A

Crimes against humanity are intentionally committed acts that form part of a widespread, systematic and repeated attack against a civilian population.

45
Q

Define THE HAGUE CONVENTIONS

A

Took place in 1899 and 1907. They set out the basis for the modern laws of war.

46
Q

Explain the communitarian challenge to human rights

A

Communitarians challenge the universal aspect of human rights and argue that rights should be dependent on the local community and context.

47
Q

Explain the realist challenge to human rights

A

Realists take issue with the essentially optimistic model of human nature which underpins human rights. They also argue that national interest should take precedence over individual human rights.

48
Q

Explain the feminist challenge to human rights

A

Feminists have sought to transform the concept of human rights to take better account of women’s lives, highlighting the issue of ‘women’s human rights’. In the past, human rights have been used by men to legitimise child marriages, the trafficking of women and (child) pornography.

49
Q

Explain the post colonial challenge to human rights

A

Postcolonial theorists argue that what is right for one society may not be right for another, and the imposition of a single set of values and rights across the world can be viewed as a form of cultural imperialism.

50
Q

Explain the Asian challenge to human rights

A

Asian values are very different from the Western ideas of human rights. Instead of individualism, they promote collectivism and highlight the importance of the family, social harmony and respect for authority.

51
Q

Explain the Islamic challenge to human rights

A

Islamic criticisms come from the fact that they believe that rights and moral principles derive from divine, not human, authority. Any human principles and laws are therefore invalid if they conflict with Shari’a law.

52
Q

Define COMMUNITARIANISM

A

Communitarianism is the belief that the self or person is shaped by the communities to which they belong and thus owe them a debt or respect and consideration.

53
Q

In what ways are human rights distinguished?

A

There are generally 3 different types:

  • Political/civil rights (first gen)
  • Socio-economic rights (second gen)
  • Solidarity rights (third gen).
54
Q

Define CHARTER RIGHTS

A

Charter rights are rights that are outlined in a legally binding document, meaning they can be enforced within states that have signed the document. A modern concept.

55
Q

Define NATURAL RIGHTS

A

Natural rights are derived from natural law, which is a set of universal moral standards. These aren’t limited to any legal system but cannot be enforced as they are not written or binding.

56
Q

What was the ratio for votes for the UDHR?

A

48 countries voted for it, none voted against it, 8 abstained.

57
Q

Why did the Soviet Union abstain from voting on the UDHR?

A

They claimed that the UDHR was too Western dominated and favoured political rights at the expense of socio-economic ones. Only 7 out of the 30 rights granted were specifically socio economic.

58
Q

Why did Saudi Arabia abstain from voting on the UDHR?

A

The objection was based on religious grounds. The UDHR contravenes Sharia law, which Muslims place above any man made written laws.

59
Q

When did the ICTR run from and till?

A

Between the 1st of January and 31st of December 1994

60
Q

When did the ICTY run from and till?

A

From May 1993 to December 2017.

61
Q

How many people have the ad hoc courts convicted?

A

The ICTR - 93 indicted, 61 sentenced, 2 withdrawn

The ICTY - 161 indicted, 83 sentenced, 37 proceedings terminated.

62
Q

Define THE ICJ

A

The ICJ is the judicial arm of the UN. It makes rulings on state v. state disputes and gives non binding advisory opinions when asked to do so by UN organs and agencies.
EXAMPLE: It advised Israel against the legality of its West Bank border wall).
It has given over 120 judgements on disputes and 25 advisory opinions.

63
Q

Define JUST WAR THEORY

A

A ‘just war’ is a war that meets certain ethical standards and therefore is (allegedly) morally justified.