Human RightsHuman Rights

OverviewOverview

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

United Nations Declaration of United Nations Declaration of Human RightsHuman Rights

Human rights are based on inherent Human rights are based on inherent human dignity, and retain their human dignity, and retain their universal and inalienable characteruniversal and inalienable character

DebateDebate

Defined in international law and in Defined in international law and in domestic laws of many statesdomestic laws of many states

For many people it goes beyond law For many people it goes beyond law and forms a fundamental moral basis and forms a fundamental moral basis for regulating modern political order- for regulating modern political order- they become democratic idealsthey become democratic ideals

LegislationLegislation

Security rights: protect people Security rights: protect people against crimes such as murder, against crimes such as murder, massacre, torture, rapemassacre, torture, rape

Liberty rights: religion, assemblyLiberty rights: religion, assembly Political rights: participate in Political rights: participate in

politics, protestingpolitics, protesting

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

Equality rights: equal citizenship, Equality rights: equal citizenship, nondiscriminationnondiscrimination

Welfare rights: education, Welfare rights: education, protections against severe poverty protections against severe poverty and starvationand starvation

Group rights: protection for groups Group rights: protection for groups against ethnic genocide, countries against ethnic genocide, countries have ownership of national territories have ownership of national territories and resourcesand resources

HistoryHistory

Post World War IIPost World War II United Nations General Assembly United Nations General Assembly

was appalled by the barbaric acts was appalled by the barbaric acts during the warduring the war

Not legally bindingNot legally binding Urged member nations to promote Urged member nations to promote

rightsrights

HistoryHistory

These rights are a part of the These rights are a part of the “foundation of freedom, justice and “foundation of freedom, justice and peace in the world.”peace in the world.”

Many states wanted to go beyond this Many states wanted to go beyond this declaration of rights and create legal declaration of rights and create legal rulings which would put greater rulings which would put greater pressure on states to follow the rightspressure on states to follow the rights

International Bill of RightsInternational Bill of Rights

International Covenant on Civil and International Covenant on Civil and Political RightsPolitical Rights

International Covenant on Economic, International Covenant on Economic, Social and Cultural RightsSocial and Cultural Rights

Universal Declaration of Human Universal Declaration of Human RightsRights

PreamblePreamble

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

AdditionsAdditions

Convention on Prevention of the Convention on Prevention of the Crime of Genocide (1951)Crime of Genocide (1951)

Convention against Torture (1984)Convention against Torture (1984) Convention against Elimination of Convention against Elimination of

All Forms of Racial Discrimination All Forms of Racial Discrimination (1969)(1969)

AdditionsAdditions

Convention on the Elimination of All Convention on the Elimination of All Forms of Discrimination Against Forms of Discrimination Against Women (1981)Women (1981)

Convention on the Rights of the Convention on the Rights of the Child (1989)Child (1989)

Rome Statute of the International Rome Statute of the International Criminal Court (2002)Criminal Court (2002)

Non-negotiableNon-negotiable

Right to lifeRight to life Right to be free from slaveryRight to be free from slavery Right to be free from tortureRight to be free from torture Right to be free from retroactive Right to be free from retroactive

application of penal lawsapplication of penal laws

National EmergencyNational Emergency UN says that human rights can be limited UN says that human rights can be limited

or even pushed aside during times of or even pushed aside during times of national emergencynational emergency

““the emergency must be actual, affect the the emergency must be actual, affect the whole population and the threat must be whole population and the threat must be to the very existence of the nation. The to the very existence of the nation. The declaration of emergency must also be a declaration of emergency must also be a last resort and a temporary measure.”last resort and a temporary measure.”

Human Rights CommitteeHuman Rights Committee Agency for the International Covenant Agency for the International Covenant

on Civil and Political Rightson Civil and Political Rights Promote compliance with its normsPromote compliance with its norms Whether a practice is a human rights Whether a practice is a human rights

violation, reports are not legally violation, reports are not legally bindingbinding

18 members of committee18 members of committee

DebateDebate

Cultural imperialism- rooted in Cultural imperialism- rooted in politically liberal outlook, generally politically liberal outlook, generally accepted in Western Europe and accepted in Western Europe and North America, but not as a standard North America, but not as a standard elsewhereelsewhere

Basis of religion- Judeo-Christian Basis of religion- Judeo-Christian influenceinfluence

DebateDebate

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

DebateDebate

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

Presumed basis in moralityPresumed basis in morality If moral beliefs are fundamentally If moral beliefs are fundamentally

expressions of individuals’ expressions of individuals’ personally held preferences, then the personally held preferences, then the morality upon which human rights morality upon which human rights are founded is rejectedare founded is rejected

Who has the duty to uphold human Who has the duty to uphold human rights?rights?

Need to protect the citizens from Need to protect the citizens from abuse by the state, but isn’t state abuse by the state, but isn’t state sovereignty important as well? sovereignty important as well?

Human rights are legal or moral dutyHuman rights are legal or moral duty

ViolationsViolations Certain race or group denied Certain race or group denied

recognition as a “person”recognition as a “person” Men and women are not treated as Men and women are not treated as

equalequal Different racial or religious groups are Different racial or religious groups are

not treated as equalnot treated as equal Life, liberty or security of person are Life, liberty or security of person are

threatenedthreatened

ViolationsViolations Person is sold or used as a slavePerson is sold or used as a slave Cruel, inhumane, degrading punishment Cruel, inhumane, degrading punishment

is used on a person (torture or execution)is used on a person (torture or execution) Punishments are dealt arbitrarily, Punishments are dealt arbitrarily,

without proper and fair trialwithout proper and fair trial Interference into personal, or private Interference into personal, or private

lives by agents of the statelives by agents of the state

ViolationsViolations

Citizens are forbidden to leave or Citizens are forbidden to leave or return to their countryreturn to their country

Freedom of speech or religion are Freedom of speech or religion are denieddenied

The right to join a trade union is The right to join a trade union is denieddenied

Education is deniedEducation is denied

MonitoringMonitoring

Amnesty InternationalAmnesty International Human Rights WatchHuman Rights Watch Freedom HouseFreedom House International Freedom of Expression International Freedom of Expression

Exchange Exchange Anti-Slavery InternationalAnti-Slavery International

MonitoringMonitoring

Only a few countries do not commit Only a few countries do not commit significant human rights violations, significant human rights violations, according to Amnesty Internationalaccording to Amnesty International

2004 human rights report: 2004 human rights report: Netherlands, Norway, Denmark, Netherlands, Norway, Denmark, Iceland, Costa RicaIceland, Costa Rica

MonitoringMonitoring

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

MonitoringMonitoring

Does occur in democraciesDoes occur in democracies Amnesty International has called the Amnesty International has called the

running of Guantanamo Bay running of Guantanamo Bay detainment camp by the United detainment camp by the United States “a human rights scandal” in a States “a human rights scandal” in a series of reportsseries of reports