Human Rights
Human Rights and Power
Concepts
Case Studies
Actors
Justice
Equality
Liberty
Human Rights
Positive vs. Negative
Collective vs. Individual
Negative = free from ...
Positive = having rights
Free from torture
Security threat
Universalism vs. Relativism
Universalist= UNDHR, human rights being inherent
Relativist= Asian Values, South African constitution
Fair treatment, agreed and accepted set of laws, with right to fair trial
Codified = written down in a legal form and agreed upon by a state or IGO
Features of a fair justice system
No one is above the law
Right to a fair trial
Everyone are subjected to the same law
Freedom of individuals to have a life without excessive interference from those in power, with freedom to flourish and make most use of opportunities
First-gen rights
Political + Civil rights that protect individual's liberty (negative)
Natural rights
What it means to being a human, therefore cannot be taken away.
People are treated the same.
Second-gen rights
Economic, social and cultural rights; positive
Third-gen rights
applies to communities at LoAs, rather than individuals
196 Int. Covenant on Economic Social and Cultural Rights
Free education to secondary level
Work and to equal pay for equal work
Standard of living adequate to the health and well-being of individuals
1972 Stockholm Declaration of Human Environment
Human beings are entitled to healthy life
Sustainable development
HR Laws
UNDHR
EU Convention of Human Rights
Conventions against torture
African Charter
Constitution of South Africa
Rome Statute
Upholding HR
Codification
Protection
Promotions
Monitoring
National level = states have more power over effective or ineffective protection of HR in its territory
States with too much or too little power are poor protectors of HR
Weak internal sovereignty (Libya)
Too much power = abuse HR
Nationstates = principle violator and essential protector
Syrian Civil War
Genocide in Darfur
Rwandan Genocide
Non-military action approved by UNSC, not effective when widespread abuses continue with no challenge and impunity
No international Intervention to prevent genocide.
Sanctions = ineffective?
When governmental systems are too strong within a country for any protests and sanctions actually affecting the government rather than the population
Haiti intervention
Cases of rape by UN peacekeeping forces
12% of all interventions missions succeed
Women's rights in Saudi Arabia
FGM
LGBT Rights (uganda)
Cannot be enforced
Universalism
States can ignore, sovereignty may come under pressure
Mirrors closely to the UDHR
Must sign to be investigated, ICC lack of power when a country isn't signed
types of justice
Distributive justice
Merit justice
Need-based
Non-state actors
State actors
R2P
Amnesty
Reshaped non-intervention
Libya
France/Quebec and secularism laws
individual and collective rights
Syria
Protection, Promotion, Monitoring effective
codification most effective
Violence against women in Brazil, latin america
Enforcement
post colonialism?