Human Rights Mid-Term

objective enjoyement

"Fish in water" idea Individual doesn't know they are exercising right, but are enjoying it Right is enjoyed but doesn't need to be exercised/enforced for it to be respected/enjoyed

socialism

"Socialism is a social and economic system characterised by social ownership and/or social control of the means of production and co-operative management of the economy, as well as a political theory and movement that aims at the establishment of such a system."

sovereignty

the authority of a state to govern itself or another state

inalienable

unable to be taken away from or given away by the possessor.

negative right

Gov't limits its use of power --> right is respected/individuals free to exercise their right Ex. Right to vote Gov't refrains from policing/harassing potential voters (but also positive rights aspects - provide public security, transportation for voters, programs to distribute info)

positive right

Gov't provides opportunities for those rights to be exercised

universality

state of being universal; can be practiced or applied anywhere

natural law

"Natural law is a philosophy that certain rights or values are inherent by virtue of human nature, and universally cognizable through human reason. Historically, natural law refers to the use of reason to analyze both social and personal human nature to deduce binding rules of moral behavior." "Natural law, in philosophy, a system of right or justice held to be common to all humans and derived from nature rather than from the rules of society, or positive law."

UN High Commissioner for Human Rights

"The High Commissioner for Human Rights is the principal human rights official of the United Nations. The High Commissioner heads OHCHR and spearheads the United Nations' human rights efforts. We offer leadership, work objectively, educate and take action to empower individuals and assist States in upholding human rights. We are a part of the United Nations Secretariat with our headquarters in Geneva." http://www.ohchr.org/EN/AboutUs/Pages/WhoWeAre.aspx

Security Council

15 states, 5 permanent member with veto Charged with maintaining international peace and security Gradually since 1990s, increasingly interpreted to include protection of civilians and address other gross violations of human rights Because of veto, only see action when there is agreement among permanent 5 members (ex. that's why we don't see authorization for use of force against Assyrian gov., but we do see this for force against ISIS) Inherently political bodies

What human rights claims are most strongly associated with the classic liberalism?

1st generation political and civil block gov't from interfering with private individuals -property rights and liberty -private property as means to protect liberty Significance: -UDHR first article and majority of document -not all people view rights this way -classification of rights generations -role of state in protecting/fulfilling rights is minimal Criticisms: -shakey foundations (who gave us these rights?) compared to socialism -serves the wealthier classes

Describe the ways in which different parts of the UN system work to: 1) set human rights standards; 2) articulate human rights norms; 3) monitor human rights; 4) promote human rights and 5) engage in rights enforcement.

2) Articulation of Norms (Ex. UDHR) -HRC -> ECOSOC (economic and social council) -> GA (General Assembly) 3) Monitor Treaty obligation; states report to UN on human rights 4) Promote through programs to help states improve human rights, create committees like Human Rights Council, special rapporteors, working on the ground 5) Enforce -Collaborate with states to improve compliance -Dialogue, soft persuasion -recommend changes based on treaty provisions -work with special bodies and programs to create resources, like neonatal healthcare programs, election monitoring -UN Security Council emphasis on protecting civilians; can authorize use of force to punish and intervene

What human rights claims are most strongly associated with the Industrial Revolution?

2nd generation Economic/social/cultural Industrial Revolution: created laboring class that suffered from poor living conditions, harsh circumstances, low wages, etc. Prompted question: What's the good of classic liberal human rights if people cannot even access food, shelter, clothing, etc? Thus, gov't also began to create programs and legislation to ensure fairer wages, reasonable work hours, compensation, safer work places, etc. Significance: -Rights came to be known as more than the protection of individual liberties and property rights -Also right to be able to enjoy those freedoms -Development of rights relevant to working class -Contributed to development of positive rights

General Assembly

All member states represented - now rather large body authorized to discuss anything in purview of UN, with exception if Security Council is seized with issue (trying to resolve int'l conflict), GA prohibited on adopting own resolution on how issue should be settled Referred to as the world's town hall - all states, regardless of size or power, have equal voice Under UN Charter, they have authority to investigate, issue proclamations, declarations, encourage states/non-state actors to behave in certain way Don't have authority to force compliance with human rights Promote HR, define what they are through non-legally binding statements Some role in engaging in politics of shame

treaty body

Committees of independent experts that monitor implementation of the core international human rights treaties. Each State party to a treaty has an obligation to take steps to ensure that everyone in the State can enjoy the rights set out in the treaty. 10 treaty bodies composed, independent experts that are nominated and elected for fixed term of four years. Ex. Committee Against Torture, Committee on the Rights of Child, Human Rights Committee

Active Respect

Duty bearer respects human rights but rights holder must exercise them

second-generation human rights

Economic/social/cultural Still understood as individual rights Positive Rights Socialism, associated with Industrial Revolution (development of working class, 19/20th century) Socialist/communist movements Worker's rights Legislations (equal pay, fair hours, workers comp) Gov could directly provide or through legislation have private groups provide Equal housing (rent subsidies) Recognized by governments after WWII

Duty-bearer

Entities that have duties to respect, protect and fulfill human rights. Principal duty bearer is State Moral duty bearers can also be teachers, parents, police, institutions like hospitals and schools, organizations,

special procedures

Independent human rights experts that report on and advise on human rights from a country-specific perspective. -conduct country visits -work on individual cases and bring violations to their attention -contribute to development of international human rights standards -raise public awareness

In what ways do NGO support the human rights work of the United Nations?

NGOs provide reports, collect information, do field work. Provide different perspective on human rights from the gov't's own report Can petition for special rapporteur to visit

Explain the concepts "negative right" and "positive right"

Negative right = civil/political, 1st generation Gov't refrains from interfering with the enjoyment of rights. Thus, individual is free to exercise right. ex. right to freedom (you are entitled to be left alone by others and to live your life freely) right to privacy (DH obligated to not intrude into private affairs) right to vote (state must not interfere with your ability to vote by harassing or policing) all can be argued as having positive aspects, ex. state must create legislation to protect your right to freedom if others are harassing you, laws about privacy of information and punishment if someone breaches it, and securing poll booths so that people cannot be discriminated against. Positive right = social/economic/cultural, 2nd gen. Gov't facilitates the enjoyment of right by providing opportunities. Thus, individual is entitled to being provided services/goods that are necessary for enjoyment of right. ex. right to education (society provides education, public education via taxes) the right to medical care (state must ensure everyone can access medical care if needed, even if someone cannot afford it) the right to employment (gov't assistance to find work) Significance: -rights can be both positive and negative -when writing UDHR, the United States was partial to negative rights and other countries like Soviet Union were partial to positive rights -positive rights associated with socialism, negative with classical liberalism -significant when interpreting one right (if health care is a negative right, state is obligated to keep people from being prevented/denied health care, but physicians also have right to not offer services if it's against their moral/philosophical beliefs. However, patient has positive right to receive care they need and state is obliged to provide this care. What happens with patients who want assisted suicide?)

first-generation human rights

Negative rights Civil/Political Classical Liberalism Generations are reference to diff. time periods in which these rights claims emerged (at least in Europe) US Declaration of Independence, French Declaration on Rights of Man and Citizen, John Locke's Natural Rights

Duties

Obligations/responsibilities to respect, protect, and fulfill human rights Ex. Right to access food Respect - state should keep existing access to food Protect - protect from violating this right (ex. developers encroaching on farmland) Fulfill - enact programs to ensure greater access to food

special rapporteur

Petitioned by 3rd parties like NGOs to visit country and investigate human rights abuses. Human Rights Council makes decision to send them. Conduct field missions, meet with key players, issue reports, recommend actions May not always get credit for the outcomes Gov't more often doesn't respond to their communications Can catalyze change, increase media coverage, publicly shame, put pressure on gov't to address issue

In what ways does the UN Special Rapporteur promote human rights? What strategies appear to be most effective? What strategies appear to be least effective?

Promotes: -brings attention to issue -give NGOs a collective voice by combining their knowledge and suggestions -shames country in the eyes of int' community -organize civic forums, public meetings, interviews Effective: -outside voice rep. UN -can bolster ongoing efforts of national and int'l civil society groups -can gain attention for HR issues in ways local groups can't -govs. attribute greater powers to SRs than they actually have Least effective: -minority of communications sent by special procedures result in reply from gov. -heavily relies on gov't willingness to comply -govs reluctant to credit SR visit with their actions (Jordan ex.)

Assertive Exercise

RH exercises rights, DB respects or violates

Human Rights Council

Replaced CHR in 2006 Medium sized body Made special rules for creating this council - public elections (states can be held publicly accountable for voting particular members in) (ex. before it wasn't, so Sudan and Libya could get it), records are reviewed, council members selected for exemplary HR record subject to interpretation (China and US have diff. ideas of what is exemplary - care more about some violations than others, happen to be diff. ones which puts them at odds)

In what way does a "right" differ from a "duty"? What is the significance of this distinction?

Right = individuals/groups are entitled to enjoy rights, may exercise them freely, can assert them if they are violated Duty = state's obligation to respect, protect and fulfill human rights. Respect - not violating or interfering Protect - actively protect against human rights abuses Fulfill - take positive action to facilitate enjoyment Significance: -Human rights give rights-holder power -Outlines specific relationship between DB and RH so that human rights abuses can be more effectively prevented and dealt with. -Puts obligation on states to respect/protect/fulfill

universal periodic review

The Universal Periodic Review (UPR) is a unique process which involves a periodic review of the human rights records of all 193 UN Member States. The UPR is a significant innovation of the Human Rights Council which is based on equal treatment for all countries. The UPR is a State-driven process, under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfill their human rights obligations. As one of the main features of the Council, the UPR is designed to ensure equal treatment for every country when their human rights situations are assessed.

Define "human rights". What makes them human? What makes them rights?

The rights inherent to all humans. "All human beings are born equal in dignity and rights." Universal, egalitarian, inherent, and inalienable. Rights empower the right-holder, who is entitled to enjoying that right and has the power to assert that right by making special claims if the duty-bearer violates or denies the enjoyment of the right. It is an entitlement, not based upon rectitude (what one "should" or "ought to" do). Thus, duty bearer is obligated to fulfill right because it is inherent to the rights-holder, not according to an objective standard of conduct. Subjective, not objective. (Focused on subject) Prima Facie Trump (Claim puts burden of proof on party that claims it isn't a right, rather than on arguing it is a right) It is not just desirable or good that the RH enjoys the right. They are entitled by being human.

third-generation human rights

Unofficial term that covers broad spectrum of rights: Group Rights/Collective Rights Right to self-determination Right to economic and social development Right to a healthy environment Right to natural resources Right to communicate and communication rights Right to participation in cultural heritage Rights to intergenerational equity and sustainability progressive scholars argue that the three generations are in fact deeply interdependent. If you only emphasize civil and political rights without

Describe the strengths and weaknesses of the UN's human rights treaty system.

Weakness: -States sign specific HR treaties (can decide not to sign and not be legally bound by them) -Treaty bodies not judicial mechanism, cannot issue punishments -no enforcement capacity Strength: -Monitored by treaty bodies (states have legal obligation to report on HR situation on rights that treaty covers) -Treaty bodies collaborate with NGO actors to ensure they have broad perspective on opinions about HR -Soft power, politics of shame, suggestions, much like special rapporteur

rights-holder

every human being is inherently a rights-holder

equality

fairness, egalitarianism, equal treatment and rights without regards to race, sex, nationality, religion, or any other distinction.

Classic Liberalism

political ideology that values the freedom of individuals — including the freedom of religion, speech, press, assembly, and markets — as well as limited government. It developed in 18th-century Europe and drew on the economic writings of Adam Smith and the growing notion of social progress.