Chapter 12- Human Rights

In 1945, the first systematic steps were taken toward regulating how governments treat their citizens. This was undertaken through what?

The United Nations Charter and Article 55

Prisoners of conscience (POCs)

a label coined and used by the human rights organization amnesty international to refer to individuals imprisoned solely bc of the peaceful expression of their beliefs.

Individual petition

a right that permits individuals to petition appropriate international legal bodies directly if they believe a state has violated their rights

Universal declaration of human rights (UDHR)

adopted by the United Nations General Assembly in 1948, the declaration defines a "common standard of achievement for all peoples" and forms the foundation of modern human rights law. This helps clarify what rights were embodied in article 55.

International covenant on economic, social, and cultural rights (ICESCR)

agreement completed in 1966 and in force since 1976. It details the basic economic, social, and cultural rights of individuals and nations.

International covenant on Civil and Political Rights (ICCPR)

agreement placed in 1966 and in force from 1976. It details the basic civil and political rights of individuals and nations

States support rights they already respect and oppose goths that they see as _________ to protect.

costly

International criminal court

court of last resort for human rights cases, it possesses jurisdiction only if the accused is a national of a state party, the crime took place on the territory of a state party, or the UNSC has referred the case to the prosecutor.

Human rights violations do not appear to be (increasing/decreasing).

decreasing

HR law has had little to no ________ on HR practices.

effect

Article 55

it is very vague, and does not identify specific rights that expected to protect

When governments hold sanctions, they usually sanction against states that violate what kind of rights?

non-derogable rights Ex.- US sanctions against South Korea

TANs mainly promote what kind of rights?

non-derogable rights ex.- amnesty international

Recent innovations in HR institutions provide what?

promising mechanisms for improving human rights across the globe.

International bill of rights

refers collectively to the UDHR, ICCPR, and ICESCR. Together these three agreements form the core of the international human rights regime.

Human rights

rights possessed by individuals by virtue of being human, regardless of their status as citizens of particular states or members of a group or organization

Non-derogable rights

rights that cannot be suspended for any reason, including times of public emergency

Future attempts to promote HR may be more successful if they are linked to what?

tangible benefits

Which agreement defines "a common standard of achievement for all peoples" and forms the foundation for the modern human rights law?

the UDHR (universal declaration of human rights) (aspirational and relatively soft law)

When states violate, groups favoring protection policies have incentives to lobby governments for trade restriction, causing what to be more likely to happen?

third party enforcement

T/F: There is little evidence to suggest that HR law improves human rights. Why?

true 1. human rights law might just not matter. - due to sporadic enforcement states violate rights - states enforce only typically when under domestic pressure or it serves their geopolitical interests 2. states may just ratify treaties simply to gain symbolic benefits while masking continuing abuses 3. states most likely to violate HR are also the ones most likely to ratify HR agreements -multiparty dictatorships

1966- What two treaties were formed to translate the UDHR into legally binding treaties?

-International covenant on Civil and Political rights -International covenant on Economic, Social, and Cultural rights

What factors cause states to have different interests in human rights?

-conflicting political institutions -legal traditions -cultures -philosophies

The ICCPR defines some non-derogable rights that can never be suspended, even under public emergencies. What are they?

-freedom from torture or cruel and degrading punishment -freedom of thoughts, conscience, and religion

Why would a state want to violate human rights? (3 motivators)

1. states may lack the capacity to prevent violations (access to free primary education under the ICESCR 2. states may violate to defend their national security (the red scares, Japanese American after Pearl Harbor) 3. States may violate to preserve their own rule (Argentina's dirty war)

5 innovations in HR that improve HR for the future:

1. there has been a move towards new forms of transnational justice that emphasize noncriminal and non-judicial forms of redressing legacies of HR violations -truth and reconciliation commissions, reforms, and reparations - it is argued that practices make abusers willing to relinquish power and helps resolve conflicts of the past 2. an important development is the right of private or individual petition to a supranational court -makes it harder for states to block international courts from hearing cases they fear they might lose - petition rights are found in the Euro. convention on HR and Fundamental freedoms 3. Universal jurisdiction is a new and controversial principle in which states can prosecute crimes against humanity -regardless of location of the crime and the citizenship of the individuals involved - not a settled principle of international or even national law 4. international criminal court (2002) came into force and has over 115 state parties that accept its jurisdiction. -it has jurisdiction only if; the accused is a citizen of a state party, the crime took place on the territory of a state party, the UNSC referred the case to the prosecutor, no national jurisdiction authority has investigated the case. 5. significant increase in the number of regional trade agreements, and nearly all contain HR requirements

Why do states sign human rights agreements?

1. to restrain successor Governments from violating human rights 2. to obtain contingent rewards from other states (financial assistance, IO membership)

Currently, ___ of the 193 UN members have ratified the ICCPR and ___ have ratified the ICESR.

167; 160

The U.S. ratified the ICCPR in 1992 however we have not ratified what?

ICESCR

Are human rights fixed?

No; they are continually debated by actors w different interests

The international human rights law is ________ violated.

Regularly; when it is in the states' interest to do so. Ex.- US cases of torture