Legal Responses Flashcards
(24 cards)
Three characteristics of the UDHR
Universal (applying to all), Inalienable (cannot be taken away), inherent (intrinsic part of humanity)
What is the argument supporting the UDHR as effective?
Some countries argue that the declaration has such profound moral weight due to its 60 year existence and widespread acceptance, making it somewhat effective.
In what other ways is the UDHR significant?
The UDHR has given rise to a range of other legally binding international agreements. Including the ICCPR and ICESCR
Example of Human Rights Watch as an NGO
- monitors countries compliance with UDHR
- broadcasts non-compliance
How are human rights grouped?
First, second and third generation.
First: Civil and Political rights (art. 1-21)
Second: Economic, Social and Cultural Rights (art. 22-30)
Third: Environmental or Peace Rights
What are civil and political rights?
“Fundamental freedoms” or the basic rights needed to participate in life.
Examples of Civil and Political Righhts
Right to free speech
Freedom from torture
Right to Vote
Freedom of Religion
What are Economic, Social and Cultural Rights?
Rights that secure the quality of life - known as positive rights.
Examples of Economic, Social and Cultural Rights
Right to work
Right to education
right to healthcare
Right to an adequate standard of living
What are Environmental and Peace Rights?
The rights of a collective or group of people.
Examples of Environmental or Peace Rights
Right to a healthy environment
Right to self-determination
Intergenerational wealth and equity
How has the concept of human rights improved rates of slavery?
Article 4 of the UDHR states : “no one shall be held in slavery or servitude”
- countries responded with domestic legislation.
- the Slavery Convention was passed by the League of Nations (pre—UN) in 1936. This convention abolished slavery worldwide.
What is the right to ‘universal suffrage’?
A universal right to vote and be elected in political elections, without discrimination without unreasonable restrictions.
Where is the right to universal suffrage outlined?
UDHR (art. 21)
ICCPR (art. 25)
International Covenant on the Elimination of Racial Discrimination (art. 5c)
Why was the UDHR created as a piece of soft law (not legally binding) rather than a hard law?
- allows for state sovereignty
- difficult to enforce
- allows time for developing countries to ‘catch up’
Successes of the UDHR
- Has inspired over 200 internationally treaties, declarations, bill of rights, etc.
- Has gained international acceptance
- Directly inspired important treaties (ICCPR, ICESCR)
What is a convention?
(Sometimes called a covenant) a convention is a legally binding treaty, coming into force upon ratification (signing or formal consent) by a number of states.
Who overseas the ICCPR?
The UN Human Rights Committee - who reports on compliance by member states and investigates violeations
Examples of UDHR articles influencing Aus domestic law?
Art. 23 and 24 of the UDHR outline fair, union rights work and safety labour.
- directly inspired Australian ‘Fair Work’ Act (2009) which applies similar regulations.
How many countries have ratified the ICCPR?
Over 160
What is state sovereignty?
The authority of an independent state to govern itself without external influences.
What are the requirements to be considered a nation state according to art. 1 of the Montevideo Convention on the Rights and Duties of States (1933)?
A permanent population
A defined territory
An effective government
The capacity to participate in international relations
Exceptions to state sovereignty
State sovereignty is not absolute authority.
Any kind of actions that violate human rights (genocide, war crimes, crimes against humanity) are prohibited.
The right to intervention is entrusted in the UNSC.
