Human Rights ib global politics
Problems with human rights laws
Contrast between moral universals/lack of universal following. Unenforceable treaties, makes them "statement of ideals" not enforceable movements. Often focus on minority groups- identity politics, is this taking away from core human dignities? Some humans don't have the capacity to realize their rights. Also, even though rights universal in globalized world, globalization has not led to cultural homogeneity.
UNHCHR Office of the United Nations High Commissioner for Human Rights
Coordinates and supports other UNHR mechanisms- distributes info, facilitates civil society engagement, offers assistance to national government with regional offices
Third Generation Rights
Cultural Rights, tied with fraternity
ILO (International Labour Organization)
Promote, protect, set standards related to work and employment
interdependent
Protecting one helps protect others
Identify the relationship between human rights and State Sovereignty:
Question of whether IGOs who promote human rights are infringing upon the state's sovereignty.
Deterrence:
Rather than making a wrongdoer suffer for what they have done, punishment occurs to send a message to the rest of society
Positive Rights OFFICIAL DEFINITION
Right TO something, require positive action by those in power, more challenging for governments in less economically stable positions. Achieved through progressive realization. Can be perceived as socialist.
Universalism
Rights should be equally applicable to all people or countries, and do not change according to cultures or beliefs.
collective rights
Rights that individuals have because they are part of a particular group
example of cultural reltavism
Saudi Arabia refused to sign the UDHR; Cairo Declaration of Human Rights in Islam was made- which highlights collective rights and religion more than individual right (example-
Why do States follow international law?
Self interest and reciprocity Fear of disorder, isolation, and punishment Identification with international norms
criticism of universalism
Separates the individual's views/desires from the social context in which they were formed which is unrealistic The current notion of universal rights has been dictated by the west and while universalism might exist and be applicable, the potential for current universal rights being dictated by the west exists
what has lead human rights to being politicized?
US and other powerful states involvement in the enactment of HR; Universal vs relative rights in response to culture; Globalization of the labor process and the rights of the communities in which the confront outside forces (gov and MNC)
examples of second generation rights
Work, social security, healthcare, education, paid holidays
Non-institutional approach
how to handle states-enforced human rights violations; soft power for human rights-- public pressure on the government; ngo approach can help human rights in authoritarian states( non-governmental organizations, civil society activism)
Institutional approach human rights monitoring
human rights protection with legal means; best way to enforce; states are primary states human rights violaters, hard power human right( international organizations, the UN human rights framework)
justice as equality (John Rawls:Veil of Ignorance)
human rights should be applied to them regardless of their socio-economic circumstance;Inequalities should favor the least well off as this level the playing field of inequalities
what are the three types of justice
justice as equality- Rawls veil of ignorance, merit based justice- Robert Nozick, and needs based justice
international law
law that governs states and other international actors; a soft law; No international legislative body or system of enforcement
laws' characteristics
made by the government, and so applies throughout society.; Reflects the will of state, so takes precedence over all other norms and social rules; is compulsory because it is backed up by a system of coercion and punishment; Needs a legal system; has a public quality, as it consists of codified, published and recognized rules; Usually recognized as binding on those to whom it applies;It embodies moral claims
liberty is mostly centered around the provision of
negative rights; Life, liberty and property (john locke)
Greek harmonious justice:
one in which everyone fulfill their roles, so everyone fulfill
intruments
passed the same way, but is binding. Signing and ratifying process is what makes this different from declaration.
equality is mostly centered around the provision of
positive rights, rule of law
human rights monitoring
process of ensuring that human rights laws and treaties are being upheld; collecting information about violations, tracking states progress, and informing the public
ratification
refers to a minimum number of states actually implementing it within their own constitution. This is what makes the international agreement binding - the transfer into national law.
signing
refers to state recognizing instrument.
Private international law:
regulation of international activities carried out by individuals, companies and other non-state actors. As such, private international law relates to the overlapping jurisdiction of domestic legal systems, and so is sometimes called 'conflict of laws'.
natural rights
rights central to what it means to be human
Individual Rights
rights guaranteed or belonging to a person
negative rights VINNIE DEFINITION
rights that require the government to not interfere to operate and are possible regardless of level of development
how does ICC strengthen human rights
strengthen international humanitarian law- has codified norms/principles have been widely accepted, provides most authoritative/detailed definitions of genocide/crimes against humanity/war crimes; tackling global justice gap-provides the basis for external intervention when internal remedies are unavailable (weakened by the lack of powerful signatories); deters future atrocities- leaders no longer think their actions will go unpunished, now no leader is above international humanitarian law
Justice
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.
Liberty
the freedom of individuals to live a life without excessive interference from those in power, and with the freedom to flourish and make the most of opportunities
Equality
the idea that people are treated the same, without discrimination, and are allowed to enjoy the same opportunities ( everyone is the same before the law)
Human rights
the indivisible rights which all human beings are entitled to by virtue of their humanity, without discrimination.
Retributive justice:
the only way for justice to be satisfied is for a wrongdoer to suffer in proportion in the same way people suffered (e.g eye for an eye outlook)
positive rights VINNIE DEFINITION
the rights to the goods/services that are necessary for people to thrive and must be provided by the government and are reliant on the government's capacity to provide
constitution
the supreme law of the state; codified human rights at the national level; is not guaranteed if there isn't an unbiased supreme court
Limitations/problems of the ICC
threat to sovereignty/national security- jurisdiction extends, potentially, to citizens of states that have not ratified the Rome Statute,Relies on member states for enforcement/extradition; unhealthy obsession with individual culpability- Once international law is used as a vehicle for advancing global justice, its parameters become potentially unlimited; a political tool for the west- eurocentric bias, rooted in western ideas of human rights and does not have a global census, overwhelmingly relate to events that have occurred in the developing world. (perpetuate an image of poor countries as chaotic/barbaric.)
Positive Rights examples
to education, to protection under law, to freedom of opinion/expression
Libertarian justice:
where people in society are as free as possible
Cairo Declaration on Human Rights in Islam
1990 , asserting that "fundamental rights and universal freedoms in Islam are an integral part" of Islam. Rule 24 holds that all rights and freedoms stipulated in the declaration are subject to Islamic (shariah) law
UNHR Legal System: Problems with Participation
3 regions: Africa, Europe, Americas. HR laws in practice do not apply to all states. UN ratified convention on rights of child in 2002, but US only ratified 2 optional protocols and not the convention. US has not ratified CEDAW. Trouble admitting internal human rights issues for developed nations- no UNSC member brought to ICC. No industrialized nation formally questioned about HR violations.
the UDHR
30; it is not binding but it is influential; translated document; details the negative/positive rights a government should provide
UNHRC (UN Human Rights Council)
47 states discuss and recommend on human rights topics. Sub: universal periodic review- peer review human rights of each country every 4 years. Special procedures- independent experts monitoring human rights conditions.
Humanitarianism-
A concern about the wellbeing of humanity as a whole, typically expressed through acts of compassion, charity or philanthropy. humanitarian causes were translated into a form of international standard setting motivator for human rights
ICC international criminal court
A permanent international court established to investigate, prosecute, and try individuals accused of commiting most serious crimes of concerns, specifically genocide, crimes against humanity, war crimes, and crimes of agression
what are the four ways human rights are witheld
Codification; Protection; Promotion:; Monitoring
Universal Declaration of Human Rights (1948)
Commonly seen as a form of customary international law, the declaration was issued in 1948 and is often used as a tool to apply diplomatic and moral pressure to governments. It consists of 31 articles outlining the principles of human rights but is not a legally binding treaty. The Declaration challenged states' exclusive jurisdiction over their own citizens and weakened the principle of non-interference in domestic affairs.
What is Law?
The bedrock of civilized existence. a set of compulsory and enforceable rules; it reflects the will of a sovereign power.
What does it mean to "distribute justly"?
The categorization of a human right is relative
politicalization of human rights
The meaning behind human rights and their actual implementation has become highly politicized
Codification
The process of bringing customary international law to written form; deliberate attempt to define the concepts of liberty and equality in a way that they can be put into practice.
liberal view of human rights
*modern human rights are molded in the western-liberal view Social construct theory human rights compliance should be used as a basis for international legitimacy Tend to only view civil/political rights as fundamental Suspicious of economic (sometimes) and group rights support for international human rights is an external expression of basic liberal-democratic states values
examples of first generation rights
-Life, liberty, and property -non-discrimination -freedom from arbitrary arrest -freedom of thought
The UDHR context
After WW2, due to there being so many human rights abuses in that war, countries got together and made the UN, and then Eleanor Roosevelt chaired a committee set to make a list of Human Rights. Adopted Dec 10, 1948
Indivisible
All human rights must be protected, and they are equally important
Rehabilitation
Although attempts to rehabilitate and help wrongdoers, it also creates an idea that there is something wrong with the wrongdoers.
Universal
Applied to all human beings, no exceptions; rights should be available to all, according to need, and not restricted by individual ability to pay or socioeconomic circumstances in society.
Merit based justice (Robert Nozick)
As long as it was not obtained unjustly, justice and distribution should occur in a merit based way that differs for people from different scenarios. Argument that all human rights are negative (and that the government is not forced to ensure certain rights).people should be reimbursed for resources wrongfully taken away
does human rights reflect the wishes of powerful industrialized states?
At times it's easier to focus on individual abuses as opposed to collective rights; Powerful states might not wish to change collective rights due to the fact that they might disadvantage the state and decrease their power.; Individual rights can be easier to focus on and could allow for political actors to retain their overall power.
Commissions on the Status of Women
Body of ecosoc with 47 states. Supported by UN women
What is the iCC's jurisdiction?
Can only try individuals and states who are party to the Rome statute, unless the UNSC refers a crime
First Generation Rights
Civil and Political rights that protect an individual's liberty from the state; negative rights; natural rights; (UDHR- 3-21 International covenant on civil and political rights)
why is the UDHR a declaration and not a treaty
Declaration: document stating agreed upon standards but is non-binding Treaty: Formal agreement between states that defines and modified their mutual duties and obligations. When a national government ratifies a treaty, the articles become part of its domestic legal obligations. Treaties and conventions are synonymous
Second Generation Rights
Economic and Social rights that allow citizens to flourish; tied with EQUALITY; positive rights; state provided; Based on the principles of social justice and public obligation (UDHR- 22-27 International covenant on economic, social, and cultural rights)
what impacts the promotion/enforcement of human rights
Effectiveness depends on will of the community to implement them and mechanisms in place to ensure they are respected, promoted and enforced Lack of resources/structures/political will State sovereignty Different religions/cultures/govs
Restorative
Focus on making amends, and therefore trying to right a wrong. About restoration and forgiveness
Negative Rights OFFICAL DEFINITION
Freedom FROM something; let human beings be free from interference; should be feasible regardless of financial restraints, usually at risk when governments feel that there is a security risk (favored by capitalism)
Examples of negative rights
Freedom from torture, slavery, arbitrary arrest, unnecessary interference in personal life
examples of third generation rights
Group and collective rights, right to self determination, peace, development, environmental protection
UNHCR (United Nations High Commissioner for Refugees)
HR of refugees (legal help, as well as on the ground)
Inalienable
They cannot be taken away
Cultural Relativism
Ideas and other norms (such as human rights) should reflect cultural practices and traditions, rather than universal principles. Concerned with national/regional particularities, and historical, cultural, religious backgrounds.
Utilitarian Outlook:
No good to be found in vindictively making a wrongdoer suffer, but there should still be some consequences. (polar opposite of the retributive justice approach). Supports welfare maximization.
rule of law
No one is above the law
what are the three basis' of justice
No one is above the law; The right to a fair trial; All subject to the same law
UN GA (3) United Nations general assembly 3
Political policy making- GA= social, humanitarian, cultural affairs
Where does international law come from?
International conventions, whether general or particular, establishing rules expressly recognized by the contesting states; International custom, as evidence of a general practice accepted as law; The general principles of law are recognized by civilized nations; Judicial decisions and teachings of the most highly qualified legal scholars of the various nations
realist view of human rights
It's a soft issue (and less important than others) It is impossible to view global politics in moral terms morality /national interests are separate things and states cannot effectively serve their citizens when vague ethical considerations impact their behavior Oppose the human right's optimistic view on human nature behind the cloak of humanitarianism.moral purpose, human rights are often entangled with considerations about the national interest as shown by their selective application Positivist
What is the relationship that customary law has to international law?
Jus cogens: a fundamental principle of international law accepted by the community as a norm from which no derogation is ever permitted. These include slavery, torture, genocide, war of aggression, and crimes against humanity. (Not all laws that are international customary laws are jus cogens, though)
What is customary international law?
Law that becomes binding on states although it is not written, but rather adhered to out of custom. When enough states begin to behave as if something is law, it becomes law by use.
Hard Law-
Law that is enforceable and so establishes legally binding obligations.
Soft law-
Law that is not binding and cannot be enforced; quasi-legal instruments that impose only moral obligations.
ECOSOC United Nations Economic and Social Council
Specialized agencies on economic and social themes. Promote, protect, and create policies surrounding these subjects.
International Law commission
Specific mandate to codify and develop international law (34 members who have a 5 year term)
ICJ (International Court of Justice)
State v State for international law
Needs based justice? ("Justice as fairness")
Taking a variety of look at a socioeconomic scale of people in terms of their needs;Inequalities should favor the least well off as this level the playing field of inequalities;"Our needs aren't the same"
declaration
a passed resolution by majority vote. Not law, not binding, a guide (HDR)
public international law
applies to states, which are viewed as legal 'persons'. As such, it deals with government-to-government relations as well as those between states and international organizations or other actors.
What is a primary issue that International Law has?
because it is a soft law it is relatively unenforceable highly questionable because of the dichotomy between natural laws (laws based in ethics) and positive laws (laws rooted in logic) implications for IGOs cannot be enforced, should be regarded as a collection of moral principles/ideals, and not as law
what is the most common breech of human rights
between governments and their people, between different groups of people, individuals. Governments tend to be the #1 violator of human rights. A proper justice system protects people FROM their government.
what are the differences between positive negative rights
circumstantial (capitalist think this right is negative while liberalists think its positive) ; religion forms the fundamental basis for regional ideals of human rights
the generations of human rights are more associated with X than X
collective rights; individual rights
Identify some important key aspects of the UDHR that you could use on any exam:
criticized by for containing a western bias (not universal just western values and were not representative of the many cultures of the world); emphasizes individual over collective rights; it was voluntarily signed and adopted by diverse nations (but not written); has provided the foundation for more global human rights legislation that is more sensitive to cultural diversity.
