Topic 1: Definition, characteristics, history, and kinds of human rights

Question 1

How does the OHCHR define human rights?

Answer 1

“Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination.”

Question 2

What is the OHCHR?

Answer 2

• Office of the High Comissioner for Human Rights
• coordinating and supporting UN bodies (political and expert bodies) working on human rights

Question 3

name and describe 3 characteristics of human rights

Answer 3

1. Inherent
   - the other two can be deduced from this
   - You have them because you are born a human being; nobody awards rights to you, you have them already
   - Often linked to a natural law philosophy current
2. Equality
   - can still give extra rights to certain vulnerable groups; e.g. children, women, persons with disabilities –> UN Conventions; regional level: conventions protecting the elderly (e.g. Africa)
3. Universal
   - Everyone at any time at any place should have those rights implemented in an equal way
   - Often criticized as inexistant; HR as western concept imported to other regions; true to a certain point but countries from all over the world confirming the idea that human rights are universal

Question 4

What happened in 1993 in Vienna?

Answer 4

World Conference on Human Rights

Question 5

Are human rights absolute?

Answer 5

• theoretically: inherent –> cannot be taken away = inalienable –> absolute
• in realtiy: most rights can be restricted –> relative
• most absolute right: Freedom from torture or cruel, inhuman or degrading treatment or punishment; absolute prohibiton
• even right to life not absolute (death penalty in many countries)

Question 6

Name some points of discussion about the characteristics of human rights

Answer 6

inherent to whom?
- only individuals?
- what about groups of people?
- what about animals?
- what about nature?
are there too many different rights?
- e.g. love, development, peace…
- some arguing for return to basics

Question 7

name some examples of human rights evoluitons in legal practice

Answer 7

1. animal rights
   - judges in Argentina
   - higher courts in India
   - not exact same rights as humans but e.g. right to be treated with dignity
2. rights of nature
   - constitution (highest legal instruments): e.g. Ecuador, Bolivia, Uganda
   - in legal system through regular legislation: e.g. New Zealand; has to be implemented through human beings but not just up to state what can be done with nature;
   - (Highest) courts awarding rights to nature, e.g. a river;
   –> - what about Europe? discussions in some countries; in Spain: a Lagune got rights

Question 8

Describe the religious basis of human rights

Answer 8

• Actors making efforts to introduce human rights often incentivized by their religion
• emphasize dignity, holy character of life, equality, freedom
• Mostly duties towards (a) god(s) and no rights! not in the sense that you can invoke that right; not as an induvial right –> not human rights in a modern definition

Question 9

What is the Golden Rule?

Answer 9

• treat others the way you want them to treat you
• rule found in major religions: Hinduism, Judaism, Christianity, Islam, Buddhism

Question 10

name a non-western example of a philosophical base of human rights

Answer 10

Hsün Tzu (ca. 310-220 BC)
- Fights in society –> need a well organized society
- Have to recognize individual rights

Question 11

What western philosophical currents are human rights based on?

Answer 11

Natural law Philosophy
Freedom Philosophy
Modern conservatism
Legal Positivism

Question 12

name some natural law philosophers

Answer 12

Locke (17th century)
Paine (18th century)
Hobbes (16-17th century)

Question 13

describe how greek natural law philosophy connects to human rights

Answer 13

• universal law of nature or god (abstract, objective) acts as a benchmark /rule for people to assesss wheter their actions are good or bad
• Stoicism: did introduce the idea that people should be treated in a dignified way (e.g. Senecca, Cicero, Marcus Aurelius); treating slaves humanely but not liberating them, no absolute equality
  –> not human rights in a modern definition (slaves, women)

Question 14

What was Locke’s take on human rights?

Answer 14

• Universal law of nature; above everyone
• gave philosophical and intellectual basis for constitutional monarchy –> ruler restricted
• Can deduce natural rights from this law of nature
• Obligations not to damage the natural rights of other persons –> abstract contract to create a government that protectes these rights
• Depicted as moral inventor of human rights; was not using the word human rights: talked about natural rights; property, life, liberty

Question 15

What was Paine’s take on human rights?

Answer 15

• “In common Sense” 1776: “A government of our own is our natural right…”
• “Rights of Man” 1791 bestseller book; at that moment human rights (patriarchal)
• Not a fan of written charters and constitutions: governments awarding rights as if persons do not inherently have rights; means they can also take the rights away; he said: only task of government is to protect your rights; if they don’t do that, get rid of them
• wrote pamphlets, big influence on American Revolution

Question 16

What was Hobbes’ take on human rights?

Answer 16

• Universal and objective law of nature
• But negative view on humans; people stupid; homini lupus (wolfs)
• In favor of a Leviathan ruler = absolute ruler: all worldly and religious power; rex es lex (what the king says is the law); should behave in a rational way but still cannot be held responsible;

Question 17

give a short conclusion on natrual law philosophy and human rights

Answer 17

natural law philosophers strengthened idea of human rights but not all natural law philosophers agreed and supported these ideas; not as influential in legal thinking today

Question 18

Name two freedom philosophers

Answer 18

Rousseau (18th century)
Kant (18th century)

Question 19

What was Rousseau’s take on human rights?

Answer 19

• Everyone has natural freedoms but society corrupts –> leads to anarchy –> natural freedom eroded
• Pleads for a government through an abstract contract; citizens would loose natural freedom but would be replaced through laws that express the general will of the people (volonté générale) –> people living in a free society –> no need for explicitly formulated human rights as rights aimed against legislator
• was very sexist

Question 20

What was Kant’s take on human rights?

Answer 20

• Man as reasonable being
• Man has a right to dignity
• human rights: (political) freedom, equality, (economic) autonomy
• racist and other problematic stuff

Question 21

What is modern conservatism?

Answer 21

also a philosophical basis of human rights

Burke (18th century)
- Not against rights and freedoms as such; necessary for functional society
- did not believe in abstract, god or nature given laws –> no natural rights
- Rights and freedoms evolve, created through tradition
- conservative living in the UK; against French revolution (Declaration des droits de l’homme et du citoyen) –> against imposing abstract rights –> pointing out that led to tyranny; (la terreur, many revolutionaries guillotined; society falling apart)

Question 22

What is legal positivism?

Answer 22

• also a philosophical basis of human rights
• Very influential today
• Legal positivism leading to extremes (e.g. Nazis: claiming to have the right to kill someone because the law says so; east Germany law allowing shooting down people at the border)

Bentham ( 18th - 19th century)
- Natural rights = nonsense (upon stilts)
- Rights and freedoms only exist because the legislator says so; rights are awarded, can be restricted or taken away by the legislator
- Progressive on rights and freedoms but against natural law thinking

Question 23

When and where were there early domestic examples of human rights?

Answer 23

worldwide! as early as 2112 BC to 18th century
e.g.
- Middle East (as early as 2112 BC)
- India (300 BC)
- Roman empire
- Europe (e.g. 12th century)

but! human rights?
- No; not modern equality as we know it, rather restricted
- selective freedoms and rights
- example women, slaves, only applying to the rich etc.
- hard for individuals to have those rights implemented

Question 24

What are some domestic examples of Human Rights from the 18th century on?

Answer 24

Declaration of Independence (1776) (US)
- “all men are created equal…. endowed by their Creator with certain unalienable Rights…”
- influence of natural law philosophy

Constitution and Bill of Rights: 1787, 1791 (US)
- right to nationality
- freedom of religion
- freedom of expression and freedom of the press
- protection against unreasonable searches and seizures
- right to life, liberty and right to property
- fair trial
- trial by jury
- prohibition of cruel punishments

Déclaration des droits de l’Homme et du Citoyen (1789)
- About men and rich citizens ;
- equality before law
- right to property
- right to vote
- personal freedom
- presumption of innocence
- freedom of thought and religion
- free speech
- participation in politics
- Influence of natural law philosophy;

Conclusion on those examples
- only domestic
- selective on rights
- hard for individuals to have those rights implemented

Question 25

What are first generation human rights?

Answer 25

civil rights - protecting citizens against states and rulers (revolutionary period; US, France, Haiti) - examples: right to life, prohibition of torture, right to privacy, freedom of religion political rights - allow you to participate as a citizen in the state - examples: rigth to vote, right to assembly, freedom of expression/speech - freedom of association - right to free elections

Question 26

What are some problems of rights and enlightenment?

Answer 26

- slavery - racism - discrimination against women - classism

Question 27

Describe reactions to first generation rights and classism

Answer 27

- end of 19th century? - What good is the right to vote without food on the table and health? - socialist movements - civil rights = negative obligations (what the state cannot do) --> not enough! - Marx: property leading to unlimited capitalism --> not just non-interference but need positive action to protect rights; e.g. housing, access to health care --> second generation rights

Question 28

What are second generation human rights and when did they emerge?

Answer 28

Economic, social, and cultural rights - creating circumstances for dignified life - Social: right to housing, social security, health, education… - Economic: freedom of trade, right to work, right to strike - Cultural: right to organise activities in own language - End of 19th start of 20th century; Mexican revolution 1910, October revolution in Russia, taken up in 20th century by new leaders of new independent states in Africa: Congo, Tanzania, - Pushing states towards including those in constitutions and legislation - International level: 1901 International Labor Bureau (predecessor of ILO) created by country leaders to avoid complete revolution - Interventionism: idea of social welfare state developed (in US Rosevelt and then others) --> interventionist states

Question 29

name some historic struggles for human rights

Answer 29

- feminist struggle - abolitionist struggle - standards of war - struggle for the rights of minorities

Question 30

Name two feminists from the 18th century and their work on human rights

Answer 30

Olympe de Gouges - Déclaration des droits de la Femme et de la Citoyenne (1791) Mary Wollstonecraft - A Vindication of the Rights of Woman (1792) - critical of Jean Jaques-Rousseau (saying women only useful for pleasure of man)

Question 31

Briefly describe the abolishment struggle

Answer 31

- 19th century - transatalantic movement fighting slave trade and slavery - setting up civil society organizations --> first national human rights NGOs - succesful in the UK: slave trade prohibited - slowly different nations abolishing slavery - Nuanced picture: e.g. Netherlands abolishing slavery but keeping blind eye to slavery in certain parts of its colonies; same for the UK; there are countries that officially abolished slavery after WW2

Question 32

What was the role of the UK in the abolition of slavery?

Answer 32

Why was the UK against slavery in the US? - Slavery as big driver of economy in the US; UK had to pay their workers --> not sudden humanitarian realization international level - British pressure on international level (1815 congress of Vienna, clauses in bilateral agreements)

Question 33

What was the conference of Brussels?

Answer 33

- 1890 - General Act for Repression of the African Slave Trade” (= multilateral treaty) - Only about slave trade, not slavery, only trade from Africa - Important because the fight against slavery was internationalized - very important: first time in history: international monitoring body set up; set up at important slave hub (in Tanzania today)

Question 34

describe the development of standards of war

Answer 34

- Napoleonic wars; canons created --> many people killed --> governments seeing need to act; didn’t want more revolutions - Pressure from civil society to set up humanitarian standards - Florence Nightingale (famous English nurse) heading field hospital in Turkey, very critical about the way soldier were left on battle field - Battle of Solferino in Italy; Henry Dunant (businessman from Geneva) criticizing how soldiers were left on battlefield; founder of ICRC - International Committee of the Red Cross (ICRC) (1863) - Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field (1864) --> 4x (sea battle; POWs, civil population) - 4 Conventions of Geneva (1949) + 3 Optional protocols (1977/2005) --> wars important factor in the rise of human rights

Question 35

Describe the work of the ICRC

Answer 35

- NGO; international neutral organization - intermediary in hostage and prisoner exchanges - visiting vulnerable persons as result of conflict, prisoners of war, civilians, prisoners worldwide - protection of vulnerable persons during conflicts - protection of wounded and sick soldiers ≠ conflict - neutrality personnel and equipment via emblem - trying to monitor whether states comply with their obligations under Geneva conventions; very diplomatic and neutral way; not condemning countries openly

Question 36

What was the context of minority rights in the 19th century?

Answer 36

- Ottoman empire with many minorities; seding in armies to put down uprisings - European powers (Russia, France, Great Britain, Prussia, Austria) intervened to protect Christian minorities - 1878 Conference of Berlin: Sultan signs treaty --> had to concede certain rights to Christian minorities; struggle for rights by the West against Ottoman empire only protecting Christians --> selective but a start

Question 37

At what level did human rights develop until WW1?

Answer 37

- Until 19th century initiatives at domestic level except for international humanitarian law and transatlantic initiatives to get rid of slave trade; plus Christian minorities example above - WW1 and WW2 change that --> internationalization of human rights

Question 38

Describe the League of Nations

Answer 38

- created 1919 - Headquarters in Geneva - Created as an international organization - Council of the League of Nations (main body; decisions had be unanimous --> few taken) - Permanent Court of International Justice (legal organ) - Idea from US president Woodrow Wilson; idealist: need league of nations for peace and stability in the world; but not an angel; racist

Question 39

In which fora did human rights evolve within the League of Nations?

Answer 39

- Covenant of League of Nations - Slavery convention 1926 (upgraded 1956; slavery definition still used by domestic and international tribunals and monitoring bodies) - High Commissioner for Refugees - International Labor Organization - Freedoms in mandated territories - Minority Treaties

Question 40

Describe the Covenant of League of Nations

Answer 40

- international treaty cretaed to keep peace and security in the world (kind of the charter of the league) - No explicit human rights mandate; but did still take initiatives on human rights - Weak composition and functioning (decisions had to unanimous; countries not willing to give away part of their sovereignty) - winners of WW1 could be members - US did not sign on - UK and France dominating the organization (were loosing international power to the US at the time) - Italy and Ethiopia both members (Italy invading Ethiopia --> league stopped functioning)

Question 41

What is the difference between intergovernmental and supranational organizations?

Answer 41

- Intergovernmental: not giving away sovereign competencies (e.g. League of Nations, UN) - supranational: also working together towards certain goals but transferring some competencies --> more effective (e.g. EU)

Question 42

How was the role of High Commissioner for Refugees created?

Answer 42

- First time interest at international level to deal with refugees; a lot of Russians fleeing after October Revolution - First one appointend: Nansen - Nansen passport: document allowing people who are fleeing to cross borders without problems; freedom of movement - tried to facilitate resettlement of Russians and resettlement and return of Armenians after Armenian genocide

Question 43

describe how the ILO shaped human rights during the time of the League of Nations

Answer 43

- only part of the League of Nations that still exists - human rights mandate (labor rights and indigenous peoples) - treaties (e.g convention against modern forms of slavery) - supervisory bodies of treaties issuing recommendations (non-binding) --> weak supervision

Question 44

What were freedoms in mandated territories in the context of the league of nations?

Answer 44

- German and Ottoman colonies "given" to the winners of WW1; had a mandate for "law and order" in those territories until independence --> Leauge of Nations guarantying some basic human rights (substantial rights) to the people living in those territories - Religion - Slave trade - Labor conditions - NOT political rights same mandate holders did not have to guarantee those rights in their own colonies (e.g. France) Monitoring system: - weak - originally no opportunity for complaints - gradually individual complaints --> first time in history that private individuals could submit to an international HR monitoring body - Mandate Commission investigated (did not actually go there or talk to the individuals complaining); reporting to Council of the League of Nations (unanimous --> few decisions)

Question 45

What were the minority treaties in the time of the league of nations?

Answer 45

- new borders drawn by diplomats and politicians at Peace conference in Versailles - protecting minorities in those newly established countries to avoid further conflict rights: - life - freedom - especially cultural rights - education - language rights - own schools and cultural institutions - right to equality etc. Monitoring system: - weak - only states could submit complaints (no individual complaints) - more than 150 complaints - ad hoc Minority Commission for each complaint - Commission trying to broker friendly settlement between 2 states - if not successful --> Permanent Court of International Justice (almost never happened) - later on individual complaints; Committee trying to negotiate solution; could send case to Council of League of Nations (political organ, non binding decisions) --> countries did not feel bound

Question 46

Name some academics and writers who worked on human rights in the interbellum period

Answer 46

A. Alvarez - Chile - wrote a draft human rights declaration (1916) (international rights of the individual) A. Mandelstam & Institut de droit international - Russian diplomat in French exile - wrote a draft declaration of the rights of man (1929) together with some professors H.G. Wells - England - Wrote a book about the rights of man - read by Roosevelt --> influence on his vision of human rights

Question 47

What is the Four Freedoms Speech?

Answer 47

- Roosevelt (president during WW2) - 1941 speech on the state of the Union; about post war international order - Freedom of speech - Freedom of worship - Freedom from want (right to be protected against poverty) - Freedom from fear (right to be protected against war) --> Later included in UN Charter

Question 48

name some characteristics of the UN Charter

Answer 48

- constitutive instrument of the UN --> legally binding! - started to function October 1945 - not much on human rights in it; winning powers of WW2 did not want a catalogue of rights in it but negotiate another instrumen for that

Question 49

What is the Universal Declaration of Human Rights?

Answer 49

- December 10th 1948 in Paris - not a treaty --> non binding - Customary international law ---> used by international monitoring bodies (as assessment tool) and international community (to call out violations) - Most of the rights in the UDHR also in international treaties now - Short: Preamble (introduction); 30 articles - Negotiated by UN members at the time (from 45-48) - adopted by GA (general assembly)

Question 50

Describe the drafting committee of the UDHR

Answer 50

9 people --> their backgrounds influencing the declaration Elenor Roosevelt - US, political figure; pacifist, activist, diplomat John P. Humphrey - CA, law academic, made first draft - first director of small department of HR within UN (United Nations Division of Human Rights) Charles Malic - Lebanon, professor, diplomat, politician, academic (physics, maths...), theologian, HR activist - did not belong to religious majority in Arab world; was a Lebanese Christian Alexandre Bogomolov - USSR, professor, public servant and diplomat Peng-chun Chang - China, studied literature, theatre, philosophy in Harvard, diplomate, play writer, academic, HR activist - brought influence of Confucianism into discussion René Cassin - FR, professor, judge, later president of ECtHR (European Court of Human Rights) - in the French resistance during war Charles Dukes - UK, left school at 7, blacksmith; worked for a trade union; labor politician; William Hodgson - Australia, studied in military college; + bachelor of law, soldier, public servant, diplomat - Most progressive of them: unhappy about lack of HR in Charter; wanted binding HR catalogue - wanted to have a monitoring body; wanted an international human rights court Hernan Santa Cruz - Chile, judge, diplomat - Conservative - wanted to include 2nd generation rights (Russia also in favor of that)

Question 51

Is there an international human rights court?

Answer 51

not on the global level there are regional ones in Africa, Americas, and Europe

Question 52

Name some people who were not in the drafting committee put had and influence on the UDHR

Answer 52

- draft was discussed in other institutions before adoption (e.g. commission of human rights) Minerva Bernardino - Dominican Republic, feminist, Director of the Commission on the Status of Women - negotiated a few amendments Hansa Mehta - India - suggested amendments Carlos Romulo - Philippines example of change: article 1 human being instead of “every man is born free and equal”;

Question 53

What are some criticisms of the UDHR?

Answer 53

- drafting committee: - only one women - people from global south who mostly studied in global north - only one person who did not study - only 48 countries in favor; 8 abstained; 2 absent --> only 56 countries; half of the world was still colonized!! - later new countries declaring that they will uphold and support the UDHR; but also they needed western support for their economies --> had to acknowledge the UDHR - really universal? --> ongoing discussion! - no explicit condemnation of fascism

Question 54

What are some counterarguments to some of the criticism of the UDHR

Answer 54

article 30: abuse clause implicitly about avoiding fascist regimes coming to power by using rights individualistic? can also see soviet and global south influences - obligations towards community and society; e.g. article 17 starts of individualistic; also says “as well as in association with others” - limits on rights, state being able to limit rights and freedoms for the greater good, not just about individuals --> have to nuance criticisms about UDHR being only western; still very western oriented but not entirely

Question 55

What are some examples of natural law and enlightenment influences in the UDHR?

Answer 55

- Inherent dignity (preamble) - Inalienable rights (preamble) - Born free and equal in dignity and rights (article 1) - Endowed with reason (article1)

Question 56

What were some reasons for the 8 abstentions on the UDHR?

Answer 56

Soviet Union and some of its allies: - too much focus on civil and political rights; not enough attention on second generation rights; - “everyone has the right to” “no one” formulated in individualistic way; South Africa - Apartheid; article 1: human beings free and equal; article 2: without distinction based on race and color; Saudi Arabia - Article 18: not happy about the right to switch religion; article 16 about equality in marriage

Question 57

summarize the content of the UDHR

Answer 57

- Article 1: general principles of HR - Article 2-21: first generation rights - Article 22-27: second generation rights - Article 28: social and international order - Article 29: duties and limitations - Article 30: prohibition of abuse of rights

Question 58

How was the UDHR operationalized?

Answer 58

- non binding --> had to be operationalized - civil society and some countries (e.g. in Latin America) driving the efforts to negotiate binding treaties - materialized in 1966 (cold war tensions; focus on first generation rights vs. focus on second generation rights) --> two treaties as compromise CCPR Covenant on Civil and Political Rights - Right to life - Prohibition of torture - Freedom of speech - Freedom of religion - Freedom of association CESCR Covenant on Economic, Social, and Cultural rights - 1966 - Right to work - Right to housing - Right to education - Right to food - Right to social security took ten more years for enough ratifications to enter into force (1976)

Question 59

name two developments human rights happening on the regional level around the time of the UDHR

Answer 59

- negotiations quicker than on global level - European Convention on Human Rights adopted in 1950 - in the Americas (Latin America here): American declaration on the Rights and Duties of Man in 1948 (before UDHR), also only declaration

Question 60

Name four factors influencing the evolution of human rights from the 1950s onwards

Answer 60

- Cold War - Decolonization - Carter Administration - Mass communication

Question 61

How did the cold war influence the evolution of human rights?

Answer 61

- delay in negotiations - impetus for regional developments - western countries using human rights talk to criticize eastern countries --> politicization of HR - still some agreements: 1975 Helsinki Act between capitalist and communist countries: east block promised to put more emphasis on civil and political rights; emphasizing national sovereignty; not much happened as a result

Question 62

How did decolonization in the second half of the 20th century influence human rights?

Answer 62

- especially in the 60s - reaction from newly independent countries to SA apartheid --> two important HR treaties; anti-racist initiatives - 1965 International Convention on the Elimination of all Forms of Racial Discrimination (CERD) (under pressure of African states) - anti-apartheid treaty in the 70s - emphasized right to sovereignty to counter neocolonialism; non-interference, national sovereignty (= enemy of HR?) - emphasis second generation rights added third generation of HR to the discussion; e.g. right to development

Question 63

How did the Carter Administration influence the evolution of HR?

Answer 63

- first US president to put HR at center of foreign policy; assessing countries to potentially support on their HR track record; - more in theory than in practice; did not implement this policy in systematic way but still had an influence on international human rights developments

Question 64

How did mass communication influence the development of HR?

Answer 64

- from 1990s on - easier for the public to know about human rights violations - difficult for regimes to cover up human rights violations - a means to mobilize for human rights - a means to delegitimize human rights and the human rights movement (visible today on social media)

Question 65

What are third generation human rights?

Answer 65

- solidarity rights - create a global situation for peoples and citizens; entire community of states have to implement them, not specific states; - not about individual rights you can exercise but about collective rights of peoples - Right to Development one of the most important collective rights; put on the agenda by people form the Global South (e.g. Kéba Mbaye) 70s - Right to self-determination also collective; decades before but no talk of collective rights yet - Right to peace

Question 66

When did the 1st, 2nd, and 3rd generation of human rights emerge?

Answer 66

- 1st generation 17th 18th century - 2nd generation end of 19th start of 20th century and emphasis in the 60s by newly independent rights - 3rd generation 1970s

Question 67

what influence did 9/11 have on human rights?

Answer 67

- Bush Administration introduced war against terrorism; - invasion of Iraq and Afghanistan; rounding up alleged terrorists, interrogating them in black sites (mostly not on US soil; also some European secret services and politicians were aware of this; e.g. black site in Lithuania); “enhanced interrogation techniques” e.g. waterboarding; flying them around on CIA flights (also crossing European airspace); --> negative effect on protection of human: rights; prohibition of torture is absolute; cannot torture a little bit; amplified the idea that human rights are not that important --> New reality

Question 68

How did and are the 1st and 2nd Trump administration influencing Human Rights?

Answer 68

- Saudi journalist who worked for Washington post was disappeared in Saudi Arabian Consulate in Istanbul; US did nothing about it - left HR council (Biden returned); Trump withdrew again (even though not even member) - sanctions on members of the ICC and their family members ...

Question 69

What are fourth generation human rights?

Answer 69

- emerging generation - rights of future generations - a lot of discussions but not clear yet which rights are part of this generation - rights concerning evolutions in IT, biotech, genetic engineering and transplants: - Right of access to internet - Rights concerning cloning

Question 70

Name different categories of human rights

Answer 70

- Civil rights - Political rights - Economic, social and cultural rights - Solidarity rights

Question 71

which generation of rights could the right to property be argued to belong to?

Answer 71

- 2nd generation in the sense that the state provides the property - 1st generation in the sense that you have the property you already have protected against interference - 3rd generation in the sense of needing land to develop or survive (e.g. indigenous people) --> different generations rather theoretical but no clear borders between them; sometimes one right can be linked to all of them; - sometimes easier to win a case on a third generation right (e.g. on right to healthy environment) if you link it to a first generation right because they are more established in the legal system and judges are more familiar with them

Question 72

What happened in Vienna in 1993?

Answer 72

World Conference on Human Rights - Vienna Declaration and Program of Action - all the generations equally important - universal, indivisible, interdependent, and interrelated --> cannot see one right as dissociated from another right; - No hierarchy between human rights - all countries worldwide agreed on this - also says that context (historical, cultural, religious) needs to be considered when interpreting an applying human rights; still remains duty to promote and protect all human rights --> paragraph as a compromise between universalists and cultural relativists

Question 73

What is the international Bill of Rights?

Answer 73

UDHR, CCPR, CESCR

Question 74

name five kinds of criticisms of human rights

Answer 74

- Utilitarianism - Marxism - Cultural relativism - Feminism - Post-colonialism

Question 75

What does a utilitarian critique of human rights argue?

Answer 75

- government needs to provide greatest amount of happiness to the greatest amount of people - natural rights as fiction (Bentham) - Rights awarded; rights and freedoms = fruit of the law; relative, not absolute, can be restricted - Modern day utilitarians agree that most human rights are relative if those restrictions are for the economic well-being of society, safety of a country, respect the rights of third persons etc. --> utilitarianism can be compatible with human rights

Question 76

what is marxist criticism of human rights about?

Answer 76

liberal human rights - do not emancipate and empower people; not in the interest of the people; protecting property leads to egoist individuals; Human Rights - rights of the rich (bourgeoisie) not the rights of the majority of the people - Hide inequality and repression - Right to freedom: do everything which does not hinder - Right to property: do what you want with property; do not have to take society into account - Equality: provides access to right to freedom - Right to security: a guarantee for egoism

Question 77

How are human rights criticized from a cultrual relativist perspective?

Answer 77

- Human rights ≠ universal - Do not impose on third countries - Certain cultural customs not as human rights violation - criticized as western concept; often by global south actors counterarguments: - cultures never completely homogenous - cultural relativism often comes from elites who do not want to lose their economic and political power - people on the streets often do not have such a negative view on human rights in these countries - independent international HR monitoring bodies taking local particularities into account to a certain extent; case by case; --> adhering to the idea in Vienna convention but there is a core minimum not allowed - Certain forms of discrimination - FGM

Question 78

give a broad overview over feminist critiques of human rights

Answer 78

Liberal feminism - Women equal to men - Legislation and Human rights law need to guarantee sex and gender equality Cultural feminism - Men and women different thinking patterns: logical, abstract, deductive v. emotional, concrete, contextual - Human rights law: - individuals, decontextualises, confrontational v. contextualisation - reject human rights law if it is no rewritten or interpreted in a way which contextualizes situations Radical feminism - Women as object of pleasure and oppressed - HR law not neural; created by men - Needs of woman not adequately dealt with Postmodern feminism - Not all women are in a marginal position, multiple factors play a role - Have to take intersectional factors into account when applying human rights law - Pleading for transformative potential of feminist human rights practice --> embracing collective justice Newer human rights treaties negotiated by more balanced delegations

Question 79

name 3 examples of international women's rights treaties

Answer 79

- Istanbul Convention: trying to oblige states to take action against violence against women and domestic violence - Africa: Naputo Protocol, African women’s rights convention (includes right to abortion!) - Women’s rights convention in the Americas

Question 80

What are postcolonial criticism of human rights?

Answer 80

- Attack liberal concept of human rights where the individual is the most important thing - Colonial logic of civilizing --> bringing human rights to developing countries - Human rights not successful - Used to justify interventions - Human rights flawed but useful if emphasis is put on vulnerable groups - International human rights monitoring bodies emphasizing groups in vulnerable situations