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Socialist And Western Rights (Karl Marx (doesnt talk about human rights…
Socialist And Western Rights
Karl Marx
doesnt talk about human rights much (any reference is negative)
an ideal society has no such thing as human rights or law
rights a mirage - bad long term - obscures unfairness in capitalist system, slows changes, obscures unfairness in capitalist system
ideal communist society - humans think and act in communal way - wouldn't fit in this new society
1918 Soviet constitution
large focus on duty rather then rights
Art 2.19 - duty to defend fatherland
Art 2. 18 - work duty of every citizen
rights that existed were limited - right to vote in election (excludes clergy, employees of old regime)
power to stip rights away at any time
Stalin
form of law and rights that reflected Marx's ideology
new constituion
constitution translated in different countries to highlight different rights
socialism in one country
rights and duties
West
usually separate, less emphasis on duties
socialist
rights mixed with duties, emphasied duties
west
rights entitlements
socialist
rights policy pronouncements
Contrasting approaches
west
emphasis on civil and political rights
socialist
emphasis on social and economic rights
education
Ireland - no obligation for parents to send children to schools established by the state
USSR - right to education (very broad - more a policy)
Legal result
West
focuses on end results
socialist
lesson then precedes end result
defining rights
socialist
keeps rights deliberately vague, no precedence
West
precision in defining rights, focus on precedent
violationion of rights
west
- private affair, state can rarely exercise persons right
socialist
public affair - everyone right to get invovlved - character witnesses, social defenders, accusers - no connection to either party need
aim
west
to be fair
socialist
- to be correct and policies to be correct
UN declaration of human rights - wanted universal rights and legally binding teaty - 2 political blocs meant 2 different aggreements
International covenant on economic, social and cultural rights
socialist
now must countries compl with both
International covenant on civil and political rights
- west