Human Rights

Overview Human beings have universal rights regardless of legal jurisdiction or other factors such as ethnicity, nationality, and sex Human beings have universal rights regardless of legal jurisdiction or other factors such as ethnicity, nationality, and sex

United Nations Declaration of Human Rights Human rights are based on inherent human dignity, and retain their universal and inalienable character Human rights are based on inherent human dignity, and retain their universal and inalienable character

Debate Defined in international law and in domestic laws of many states Defined in international law and in domestic laws of many states For many people it goes beyond law and forms a fundamental moral basis for regulating modern political order- they become democratic ideals For many people it goes beyond law and forms a fundamental moral basis for regulating modern political order- they become democratic ideals

Legislation Security rights: protect people against crimes such as murder, massacre, torture, rape Security rights: protect people against crimes such as murder, massacre, torture, rape Liberty rights: religion, assembly Liberty rights: religion, assembly Political rights: participate in politics, protesting Political rights: participate in politics, protesting

Due process rights: protects against abuses of legal system such as imprisonment without trial, secret trials, excessive punishment Due process rights: protects against abuses of legal system such as imprisonment without trial, secret trials, excessive punishment Equality rights: equal citizenship, nondiscrimination Equality rights: equal citizenship, nondiscrimination

Welfare rights: education, protections against severe poverty and starvation Welfare rights: education, protections against severe poverty and starvation Group rights: protection for groups against ethnic genocide, countries have ownership of national territories and resources Group rights: protection for groups against ethnic genocide, countries have ownership of national territories and resources

History Post World War II Post World War II United Nations General Assembly was appalled by the barbaric acts during the war United Nations General Assembly was appalled by the barbaric acts during the war Not legally binding Not legally binding Urged member nations to promote rights Urged member nations to promote rights

History These rights are a part of the “foundation of freedom, justice and peace in the world.” These rights are a part of the “foundation of freedom, justice and peace in the world.” Many states wanted to go beyond this declaration of rights and create legal rulings which would put greater pressure on states to follow the rights Many states wanted to go beyond this declaration of rights and create legal rulings which would put greater pressure on states to follow the rights

International Bill of Rights  International Covenant on Civil and Political Rights  International Covenant on Economic, Social and Cultural Rights  Universal Declaration of Human Rights

Preamble “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.” “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.”

Additions Convention on Prevention of the Crime of Genocide (1951) Convention on Prevention of the Crime of Genocide (1951) Convention against Torture (1984) Convention against Torture (1984) Convention against Elimination of All Forms of Racial Discrimination (1969) Convention against Elimination of All Forms of Racial Discrimination (1969)

Additions Convention on the Elimination of All Forms of Discrimination Against Women (1981) Convention on the Elimination of All Forms of Discrimination Against Women (1981) Convention on the Rights of the Child (1989) Convention on the Rights of the Child (1989) Rome Statute of the International Criminal Court (2002) Rome Statute of the International Criminal Court (2002)

Non-negotiable Right to life Right to life Right to be free from slavery Right to be free from slavery Right to be free from torture Right to be free from torture Right to be free from retroactive application of penal laws Right to be free from retroactive application of penal laws

National Emergency UN says that human rights can be limited or even pushed aside during times of national emergency UN says that human rights can be limited or even pushed aside during times of national emergency “the emergency must be actual, affect the whole population and the threat must be to the very existence of the nation. The declaration of emergency must also be a last resort and a temporary measure.” “the emergency must be actual, affect the whole population and the threat must be to the very existence of the nation. The declaration of emergency must also be a last resort and a temporary measure.”

Human Rights Committee Agency for the International Covenant on Civil and Political Rights Agency for the International Covenant on Civil and Political Rights Promote compliance with its norms Promote compliance with its norms Whether a practice is a human rights violation, reports are not legally binding Whether a practice is a human rights violation, reports are not legally binding 18 members of committee 18 members of committee

Debate Cultural imperialism- rooted in politically liberal outlook, generally accepted in Western Europe and North America, but not as a standard elsewhere Cultural imperialism- rooted in politically liberal outlook, generally accepted in Western Europe and North America, but not as a standard elsewhere Basis of religion- Judeo-Christian influence Basis of religion- Judeo-Christian influence

Debate Some say cultural imperialism idea not factual. Say human rights itself has origins in many world cultures and religions, including Christian, Jewish and Islamic traditions Some say cultural imperialism idea not factual. Say human rights itself has origins in many world cultures and religions, including Christian, Jewish and Islamic traditions

Debate Can you take this idea too far? If all viewpoints are equally valid then one cannot condemn any behavior, however outrageous or horrific Can you take this idea too far? If all viewpoints are equally valid then one cannot condemn any behavior, however outrageous or horrific

Presumed basis in morality Presumed basis in morality If moral beliefs are fundamentally expressions of individuals’ personally held preferences, then the morality upon which human rights are founded is rejected If moral beliefs are fundamentally expressions of individuals’ personally held preferences, then the morality upon which human rights are founded is rejected

Who has the duty to uphold human rights? Who has the duty to uphold human rights? Need to protect the citizens from abuse by the state, but isn’t state sovereignty important as well? Need to protect the citizens from abuse by the state, but isn’t state sovereignty important as well? Human rights are legal or moral duty Human rights are legal or moral duty

Violations Certain race or group denied recognition as a “person” Certain race or group denied recognition as a “person” Men and women are not treated as equal Men and women are not treated as equal Different racial or religious groups are not treated as equal Different racial or religious groups are not treated as equal Life, liberty or security of person are threatened Life, liberty or security of person are threatened

Violations Person is sold or used as a slave Person is sold or used as a slave Cruel, inhumane, degrading punishment is used on a person (torture or execution) Cruel, inhumane, degrading punishment is used on a person (torture or execution) Punishments are dealt arbitrarily, without proper and fair trial Punishments are dealt arbitrarily, without proper and fair trial Interference into personal, or private lives by agents of the state Interference into personal, or private lives by agents of the state

Violations Citizens are forbidden to leave or return to their country Citizens are forbidden to leave or return to their country Freedom of speech or religion are denied Freedom of speech or religion are denied The right to join a trade union is denied The right to join a trade union is denied Education is denied Education is denied

Monitoring Amnesty International Amnesty International Human Rights Watch Human Rights Watch Freedom House Freedom House International Freedom of Expression Exchange International Freedom of Expression Exchange Anti-Slavery International Anti-Slavery International

Monitoring Only a few countries do not commit significant human rights violations, according to Amnesty International Only a few countries do not commit significant human rights violations, according to Amnesty International 2004 human rights report: Netherlands, Norway, Denmark, Iceland, Costa Rica 2004 human rights report: Netherlands, Norway, Denmark, Iceland, Costa Rica

Monitoring Some feel that human rights abuses are more common in dictatorships or theocracies than in democracies because of freedom of speech and freedom of the press tend to uncover abuse and expose it Some feel that human rights abuses are more common in dictatorships or theocracies than in democracies because of freedom of speech and freedom of the press tend to uncover abuse and expose it

Monitoring Does occur in democracies Does occur in democracies Amnesty International has called the running of Guantanamo Bay detainment camp by the United States “a human rights scandal” in a series of reports Amnesty International has called the running of Guantanamo Bay detainment camp by the United States “a human rights scandal” in a series of reports