Unit 2: Human Rights

Question 1

key idea of HR unit

Answer 1

Human rights are indivisible right which all human beings are entitled to by virtue of their humanity, and without discrimination.

Question 2

what are human rights?

Answer 2

The United Nations Universal Declaration of Human Rights was agreed in 1948. It is a global agreement. It has 4 key principles:
1. Human rights are universal
2. Human rights are interdependent
3. Human rights are indivisible
4. Human rights are inalienable

Question 3

what does it mean that human rights are universal?

Answer 3

Human rights are inherent to human beings. This means that all human beings are naturally entitled to them. Other aspects of identity – such as gender, race, religion, age or language do not affect these rights. All member states, who support the Declaration must respect these human rights for all human beings.

Question 4

what does it mean that human rights are interdependent?

Answer 4

Each human right depends on all of the others. If one human right is denied, it will stop the others from being protected also. For example, a strong judicial (legal) system will help protect a person’s right to a fair and effective trial. This will also affect the right to freedom from arbitrary arrest (arrest without good reasons) and equality in the law.

Question 5

what does it mean that human rights are indivisible?

Answer 5

All human rights are equally important. They cannot be organised into a hierarchy. Governments cannot pick and choose which rights to protect, or which people to protect.

Question 6

what does it mean that human rights are inalienable?

Answer 6

Human rights cannot be taken away from people. Also, people cannot give them away.

Question 7

positive human rights

Answer 7

those in which the government must take action to protect the people (i.e. the to free education cannot be protected without the government actively providing adequate schools, etc.). also, a government with an adequate judicial system, allowing individuals to enjoy the human right in a fair and public hearing is necessary.

-> more challenging in LEDCs

Question 8

negative human rights

Answer 8

require the government not to act to allow certain freedoms. this includes freedom from torture, from arbitrary arrest or detention by the state. all of these rights are protetced through the inaction of those in power.

-> may be at risk when governments feel they face a security risk

Question 9

justice, key idea

Answer 9

justice is the concept of fair treatment, usually based on an agreed and accepted set of laws that are applied equally, universally and with the right to a fair trial.

Question 10

3 principles that the rule of law follows

Answer 10

1. No one is above the law: not even people in power. It is the law that rules over everyone. It can be very dangerous if governments violate the law, by avoiding prosecution, or by intimidating and ignoring judges.
2. Everyone has a right to a fair trial:The law must be applied fairly by courts and judges – not arbitrarily by governments. If a person is accused of a crime, they have the right to defend themselves.
3. Everyone is subject to the same laws: No one can escape justice. Everyone is equal under the law. Also, laws must be consistent – they must make sense and new laws cannot be introduced without proper planning.

Question 11

how can human rights be properly upheld?

Answer 11

the government or those in power must be subject to the rule of law. this is a particularily important principle, since governments are the most dangerous potential violaters of human rights (have the power of evading investigation by intimating or simply ignoring judges)

Question 12

what is liberty

Answer 12

• freedom and autonomy
• freedom for people to
  Live without too much interference from those in power
  Flourish (Succeed, develop and be happy)

Question 13

how have human rights developed over time?

Answer 13

1. 13th century: Magna Carta in England

• foundational document of rule of law
• charter agreed by King John of England: decreased power of monarch, proposed everyone is subject to the law

2. 17th century: European philosophers (Locke, Grotius, Rousseau)

• work influenced enlightement / modern democracies which led to declarations of rights

3. 1948: UN agreed Universal Declaration for Human Rights

• first time HR recognised as universal
• laid foundation for international HR
• part of codification / globalisation of HR

Question 14

First generation rights

Answer 14

• Focus on civil and political rights
• Protect individuals’ liberty from the state
• Mostly negative rights – allows people to have freedom, life and property in the private sphere.
• Also called ‘natural rights’ (inalienable)
• Article 3-21 of the Universal Declaration for Human Rights
• 1966 International Covenant on Human Rights, The right to: life, liberty and property
  freedom from torture, and cruel and degrading treatment
  freedom of thought, conscience and religion
  equality in the law
  freedom from arbitrary arrest and detention

Question 15

equality definition

Answer 15

People are not discriminated against. All people have the same opportunities.

Question 16

second - generation rights

Answer 16

• Focus on economic, social and cultural rights that allow citizens to flourish.
• Mostly positive rights
• Provided by the state through public services
• Aimed at delivering equality to everyone
  Article 22-27 of the Universal Declaration for Human Rights
  1966 International Covenant on Human Rights
  The right to free education
  The right to work and equal pay
  The right to an adequate standard of living
  The right to adequate rest and leisure

Question 17

second - generation rights in LEDCs

Answer 17

These rights are more difficult for poorer, developing countries to provide, because of limited financial and human resources. Therefore, the UN says that all states have the obligation to realise these rights progressively, over time.

Question 18

third - generation rights

Answer 18

• Less clearly defined
• Mostly apply to communities at different levels (e.g. global, local, national, regional) = collective human rights
• Focus on protecting the environment, peace and development
• Documents that express these rights:
  1972 Stockholm Declaration on the Human Environment
  1992 Declaration of the UN Earth Summit in Rio de Janeiro
  The right to a healthy life in harmony with nature
  The right to sustainable development for present and future generations

Question 19

violations of human rights

Answer 19

Nation states and those in power are primarily responsible for protecting human rights. If the government does not hold power, other leaders – e.g. rebel forces or tribal groups – have this responsibility.

Question 20

systematic abuses of human rights

Answer 20

abuse against a large number of victims, or abuses that have become part of a countries government and society.

Question 21

examples of violations of human rights

Answer 21

• human trafficking (right to freedom of movement; life; liberty; secuity; not be subject to torture or cruel and degrading treatment; just and favourable conditions of work)
• child soldiers (right to life, surivial, development; protection of best interest of the child; protection from all forms of violence, abuse, neglect, ill treatment) (underpinned by UN Convention of the Rights of the Child, 1989)

Question 22

relationships between generations

Answer 22

• interconnected
• where some rights are lacking, this may prevent other rights being fulfilled

Question 23

pros of UDHR (1948)

Answer 23

• first international consensus on universal human rights
• binding international convenants, regional conventions, and the hr laws of nation states

Question 24

cons of UDHR (1948)

Answer 24

• non-binding in international law
• critis of a universal approach say it imposes a Western or Judeo-Christian viewpoint of hr

Question 25

how should HR be protected effectively?

Answer 25

a nations power must be in balance between government, parlimant and courts

Question 26

definition of cultural relativism

Answer 26

the theory that ideas and other norms should reflect cultural practices and traditions, rather than universal principles.

Question 27

cultural relativsm and hr

Answer 27

suggests that hr are defined by the immediate local cultural and values, rather than by a global set of universal values

Question 28

critics of cultural relativist approach to hr

Answer 28

- states are guilty of picking and choosing their hr to suit political circumstances - failing to challlenge outdated cultural, ethnic or religious values

Question 29

example of cultural relativism hr

Answer 29

Womans rights - Saudi Arabia - male guardianship system - woman are subject to different rights than men - women are not permitted to obtain a passport, marry, travel or access higher education without the approval of a male guardian - women are banned from driving - not allowed to expose ceratin parts of their bodeis except in a medical emergency

Question 30

claim that womens rights in saudi arabia are justified, based on cultural relativism

Answer 30

- goverened by Sharia law: Muslim rulers have to promote and protect human rights are perscribed in Quran - 'Sharia law guarantees equality of the sexes on the basis of the principle of the complementarity of rights and duties' - government said that the ruling Shura Council had been amended to ensure that occupy 20% of seats, 30 women joined council in 2013

Question 31

claim that womens rights in saudi arabia are not justified, based on cultural relativism

Answer 31

- amnesty international: reported women have a subordinate status to men under the law and remain subject to discrimination - are inadquatly protected against sexual and other violence - domestic violence is endemic, despite government trying to raise awareness of the problem - 2013 law of criminalising domestic violence was 'not implemented due to a lack of competent authorities to enforce it' - womens rights activists have been detained under 'terrorism-related charges'

Question 32

major challenge in the protection of human rights

Answer 32

the lack of consitency in treatment of rights violations in different states, caused by political issues

Question 33

critics of UN human rights council

Answer 33

**Disproportionate focus on Israel** - Critics argue the UNHRC spends excessive time condemning Israel, especially compared to other serious human rights abuses worldwide. - This is seen as politically biased and reduces the credibility of the council's neutrality and effectiveness. **Problematic membership** - Some countries on the Human Rights Council have poor human rights records themselves (e.g. countries accused of censorship, torture, or repression). - Critics say this undermines the council’s legitimacy because it allows violators to judge others while avoiding scrutiny. **Ineffectiveness** - The UNHRC is sometimes viewed as too slow, too weak, or too political to actually prevent or respond to human rights abuses. - It lacks enforcement power and can be influenced by geopolitical interests, which limits its global impact. **Reluctance to act** - Member states often refuse to condemn others because they don’t want to be condemned in return. - This results in mutual protectionism, making it harder to hold violators accountable and weakening international human rights mechanisms.

Question 34

4 aspects of upholding HR

Answer 34

1. codification (formalised in law on international, regional or national level) 2. protection 3. promotion (often through NGOs like Human Rights Watch) 4. monitioring (by independent bodies to ensure countries are complying with own national laws, commitments they have made to international law, norms like UN HR Council)