Topic 1 Flashcards
What do ‘human rights’ and ‘civil liberties’ refer to?
‘Human rights’ and ‘civil liberties’ refer to rights regarded as fundamental or basic to individuals or groups within an organized state.
What is the primary focus of human rights and civil liberties?
The primary focus is on individual benefits and enjoyment, such as the right to freedom of speech.
What are civil liberties?
Civil liberties are guarantees and freedoms that governments commit not to abridge without due process.
Name three examples of civil liberties.
- Right to own property
- Right to defend oneself
- Right to bodily integrity
What are human rights?
Human rights are rights that every human being has by virtue of human dignity, independent of law.
What is the Social Contract Theory?
The Social Contract Theory posits that individuals give up certain natural rights to benefit from living in a society.
Who are two philosophers associated with the Social Contract Theory?
- John Locke
- John Rawls
What rights did John Locke argue were fundamental?
- Right to life
- Right to liberty
- Right to property
What does John Rawls’ hypothetical social contract emphasize?
It emphasizes individuals seeking a society that allows them to achieve their goals and enjoy the ‘good life’.
How do human rights uphold human dignity?
Human rights uphold dignity by ensuring individuals are treated with respect and are not subjected to torture or inhumane treatment.
What is the principle of equality in relation to human rights?
The principle of equality asserts that all citizens must be treated with equal concern and respect.
What does the rule of law uphold?
The rule of law upholds the fundamental tenets necessary for protecting human rights.
What are the four main theories for protecting human rights and civil liberties?
- Social Contract Theory
- Protection of Human Dignity
- Human Rights and Equality
- Human Rights and the Rule of Law
What are the characteristics of human rights?
- Inherent
- Inalienable
- Universal
- Indivisible
- Interdependent
- Interrelated
What does it mean that human rights are ‘inherent’?
It means human rights are the birthright of all individuals and flow from human nature.
What does ‘inalienable’ mean in the context of human rights?
Inalienable means no person can be divested of their human rights except under clearly defined legal circumstances.
What does it mean for human rights to be ‘universal’?
Universal means human rights are based on every human being’s dignity, irrespective of various distinctions.
What do ‘civil liberties’ often refer to?
‘Civil liberties’ often refer to civil and political rights regulating an individual’s relationship with the state.
What are ‘first generation’ rights?
- Right to life
- Freedom from torture and slavery
- Right to a fair trial
- Freedom of thought, conscience, and religion
- Right to marry
- Right to vote
- Right to personal property
What are ‘second generation’ rights?
- Right to food
- Right to shelter and housing
- Right to education
- Right to employment
What do ‘human rights’ refer to in the context of economic, social and cultural rights?
Economic, social and cultural rights include the right to food, shelter, housing, education, and employment.
What are the two main covenants formed from the Universal Declaration of Human Rights?
The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).
What are first generation rights?
Civil and political rights that emphasize individual freedom and require the State to abstain from interference.
What is a key characteristic of second generation rights?
They require positive action from the State to ensure the enjoyment of economic, social, and cultural rights.