Human Rights Notes | Fadi Madanat
1. The Nature and development of human rights
* The definition of human rights;
Human rights are the basic entitlement accorded to every human being, they are considered to be universal, in alienable and inherit to all humanity.
* Outline how human rights have changed and developed over time; Various cultures around the world have different views on the place of human rights within their societies. The western view of human rights has been one of freedom, liberty and equality, while in some societies such as one of an Asian or Islamic background it is more duty-based which emphasises the community over the individual. For that reason, the nature of human rights has continued to develop, spring boarding from the Universal Declaration of Human Rights 1948. The modern day understanding of human rights has developed throughout stages, the abolition of slavery and the collective power of trade unionism with the commencement of the industrial revolution being significant, as well as many other rights.
* Investigate the evolving recognition and importance of universal human rights Slavery was a key issue of human rights, it was used throughout the ancient civilisations of the world and up into the 16th century. Most colonial powers took slavery for granted until revolutions such as the French’s and American’s, as well as many protestants against slavery, for that reason the British Government passed the Emancipation Act 1833, abolishing slavery throughout British colonies. Trade unions aswell were apart of the evolving human rights, due to the industrial revolution.
*Missing : labour rights, universal suffrage universal education self-determination environmental rights & peace rights
* Examine major human rights documents and explain their contribution to the development of Human rights;
1) Universal declaration of human rights 1948
The UN declaration of human rights was not intended to be a legally binding document yet there is an argument that it has become part of international law by subsequent recognition and custom. Subsequent treaties have effectively expanded on the rights contained in any event. It covers a wide range of rights including: Liberty and security of the person/equality before the law/effective remedies/due process/prohibition in torture/assembly/…. It includes social and economic rights such as: right to work/right to equal pay/right to social security/right to education.
2) Civil and political rights and economic, social and cultural rights (international covenant on civil and political rights) 1996 The articles are clearly intended as binding rights as the covenant states that all signatory states agree to ensure that the rights set out in the covenant apply within their jurisdiction. Civil and political rights relate to the treatment of the individual both as an individual and as a member of society. The covenants main function is to protect the people from oppressive governments.
Rights include: right to self-determination, right to life, prohibition on torture and slavery, right to liberty and security of the person, due process, freedom of thought and conscience and religion, freedom of association, right to minorities to enjoy their own culture.
3) International covenant on economic, social and cultural rights (1996) This convention places obligations on states of a more limited nature than the ICCPR. State parties are required to make use of their maximum available resources in carrying out the convention. This recognizes that many of these rights are not particularly attainable due to the limited economic resources of many states. States are expected to achieve the rights listed progressively. The function of the covenant is to ensure that everyone is provided with everything they need to maintain human dignity. Rights established include: right to work/ right to social security/right to an adequate living...
HR’s refer to the basic rights and freedom that are believed to belong to all human beings.
WHAT SETS OUT THE FUNDEMENTAL PURPOSE FOR RECOGNISING HR’S?
The Universal Declaration of HumanRights (UDHR) was adopted be the General Assembly of the United Nations in 1948. It states that recognitions of the inherent dignity and of the equal and inalienable rights of all freedom, justice and peace in the world.
TYPES OF HR
There are three types:
o Civil and political rights – to vote
o Economic social and cultural rights- safe workplace, sexuality, religion
o Collective rights, such as environmental and peace rights and the right to self determination
HISTORICAL SOURSES – Theories of law itself
o Laws of ancient civilisation in Mesopotamia, Ancient Rome, Greece or India
o Historical events such as the US Declaration of Independence
o Major conflicts particularly the first and second world war
HISTORICAL MOVEMENTS THAT LED TO HR’S EVENTUAL RECOGNITION
o The abolition of slavery
o The campaign for universal Suffrage
o The trade Union movement and labour rights
o The campaign for universal education
o The right of a group to self determination
o Emergency environmental rights
o The attempt to establish a right to peace...
...do the rules apply?
-Meta-rules: rules about setting,applying,interpreting the rules.
-Governance is about managing the rules in order to enhance the legitimacy of the public realm.
-Public Realm: the rules, rule-makers, meta-rules, etc.
-Legitimate in the eyes of the rule-followers
How to Judge
-Efficiency: the rules seem to work (outcomes)
-Procedural: the rules seem to be fair (process)
How to judge legitimacy?
~Voice/ Access / Democratic Procedures
~Transparency / Accountability
-Circularity of Governance
-Rules are institutions
-Formal (written) or informal (unwritten)
-Includes behavioral codes and norms
-”Humanly devised constraints that shape human interaction” (Humans came up with it)
-They limit the set of “possible” choices
-They reduce uncertainty, making interaction easier
-They can be altered
-Usually only gradually-institutions are “sticky”
-However big shocks can produce big changes
-Putting the “global” in global governance
-”What does a “rule” mean in the global context?”
-Rules about what?
-Who are the rule-makers, interpreters, and enforcers?
-What makes the global governance system legitimate?
-Nation-States (or “network states?”)
-Network of States (e.g. NAFTA)
-Networks of International Organizations (e.g. the UN)
-Regional/ Local Governments (devolution of power)
-NGOs (and networks...
...tragedies in Rwanda, Burundi, Bosnia, Kosovo and elsewhere, states have begun advocating a right to undertake interventions to stop mass violations of humanrights from occurring. Their central concern rests with whether the UN’s current regulations on the use of force meet the challenges of the postCold War world, and in particular the demands of addressing humanitarian emergencies. International actors tend to agree that killing civilians as a necessary part of state formation is no longer acceptable, nor is standing by idly in the face of massive violations of humanrights. And yet, respect for the sovereign rights of states remains central among the ordering principles of the international community. How can populations affected by egregious humanrights violations be protected? How can the legal constraints on the use of force and respect for state sovereignty be reconciled with the international community’s willingness and readiness to take action in such instances? And more importantly, how can protection be offered when the Security Council, which is responsible for authorizing the use of force when threats to international peace and security occur, is paralyzed? The author addresses these issues, arguing that R2P is the best framework available at present to move the humanitarian intervention debate forward. This book will be of interest to students of...
...The International Humanitarian Law, HumanRights and Syria.
Over the past few years the world has witnessed a series of events that have been triggering throughout several countries in the Middle East, against the authoritarian regimes of the region. One of the most recent events of the Arab Spring has emerged in Syria, where its people referred as “the rebels” have decided to confront the government of the actual president Bashar Al Assad. The situation in Syria has become so alarming that it has captured the attention of countries throughout the world and also from international organizations like the UN and the ICRC, in order to try and intervene to stabilize the situation. The ICRC has tried to intervene in Syria focusing on the International Humanitarian Law (IHL), which is built out of the four Geneva Conventions to protect those involved in the conflict and try to get to an agreement between both sides of the conflict. In spite of trying to intervene in this armed conflict between rebels and the government, the Red Cross or in this case the Red Crescent has not been able to successfully help as an impartial entity because of the lack of cooperation from both sides. While other international organizations like the United Nations have been debating to intervene in the conflict not only for the amount of violations in the conflict from The UN Declaration of HumanRights, but also because it has been proven the...
Set Text : The Justice Game
Related Text(s) : Mississippi Burning
We need to talk about kevin
Q & A Episode 11
To Kill a Mockingbird - Harper Lee
· How are the conflicting perspectives represented ?
· Why do the perspectives conflict?
Q & A, Episode 11 - What techniques and devices are used?
· Language Choice ( Jargon, sophisticated language, standard english, from formal to colloquial)
· Language of each speaker conveys their context and background, assert authority or opinion, or appeals to the audience
Non Verbal Communication
· Facial Expressions
· Eye Contact
· Body Language : Conveys emotional and psycological response
· Proxeimcs and directional body positioning
· Tone of voice: Sense of authority
· Volume, Pace and Pitch
Structural Techniques and Devices
· The moderator: sequences order to question and response time manages, asks clarifying questions, summarises arguments and paraphrases responses.
The Justice Game - Set Text that one flows
Purpose of the text
· To argue for the importance of the adversarial advocacy system of conducting trials
· To argue for the need for a bill of humanrights in British and Australian law as basic principles upon which the justice system can be built.
...The Unbroken Pandemonium
A Rhetorical Analysis of “Women’s rights are HumanRights” by Hilary Rodman Clinton.
Many people choose to believe that women rights issues only affect Muslim countries, but that logic is so far from the truth. Women’s rights around the world are just as important as all other issues, and it is a critical indicator towards understanding general worldwide existence.
There is also that group of people, who believe that women’s rights are not as big an issue as they were in the United States, some 150 years ago – which is simply far from being true.
The rhetoric in empowering women has always been an ongoing subject in all countries, and we find that to date, numerous issues still exist in all areas of life; some of which range from cultural, political and the socio-economic aspects of life itself.
When Hilary Rodman Clinton conveyed her speech at the U.N. 4th World Conference in Beijing China, in September 1995, her one significance fight was to bring a renewed strength to the women in Beijing. She needed to let them know that the struggles, the abuse, the killings and every mishap they encountered on a day-to-day basis, are not a singular struggle, but instead a cohesive struggle, which needed not ever happen again.
Therefore, the fight for equality, justice and peace for all; It had to be a common and continuous goal, which had to reign in Beijing;...
HumanRights Violations in Syria
In March 2011, inspired by the Egyptian and Tunisian revolution, Syrians started an uprising against their corrupt government. President Bashar al-Assad inherited Syria’s harsh dictatorship from his father and remained in power by force, denying his people their basic humanrights. Since then the Syrian government has been involved in inhuman and violent acts against its own people who were demonstrating against the killings of thousands of civilians and unjust imprisonment (Moubayed 340). People who spoke up against the brutal treatment of the government were imprisoned and burned to death. Humanrights violations in Syria include unlawful killings, sexual violence, and violations of journalistic rights.
One of the humanrights violations committed by the Syrian armed forces is unlawful killing of innocent civilians. Syrian armed forces have committed crimes against humanity by killing civilian protesters who are thought to be against the government and innocent women and children (Saunders 67). An example would be the Houla massacre which was an attack that took place on May 25, 2012, in the midst of the Syrian civil war, in two opposition-controlled villages in the Houla Region of Syria. During the massacre 108 people were...
...when compared to men. They have been thought as tools to do such things as reproduce, cook, clean, and to do the bidding of all males (especially their husbands). Without these qualities woman were considered nothing until the woman’s rights movement of the twentieth century. One of the people who supported this movement was Hillary Clinton. In one of her most famous speeches: “Woman’s Rights Are HumanRights.”, Clinton tried to address the world in the United Nations Fourth World Conference on woman in order to target those who thought less of women. This speech was given on September 5th, 1995 in Beijing, China.
Some of Hilary Clinton’s credentials for the speech included being first and foremost a female, a first lady, a constant advocate, and being a success in strengthening the local legal aid offices. “She also traveled to more than 80 countries as a representative of our country, winning respect as a champion of humanrights, democracy and civil society” ("U.S Department of State. Diplomacy in Action") and therefore is knowledgeable not only in persuading others but also in humanrights. This is what gave her the right (or ability) to speak of the topic previously mentioned.
In Clinton’s speech she focuses completely on woman’s rights and so as to grab the attention of the nation she compared the meeting of the United Nations...