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62 Cards in this Set
- Front
- Back
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Human Rights Definition
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Human rights are basic rights and freedoms that all people are entitled to regardless of nationality, sex, national or ethnic origin, race, religion, language, or other status
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Human Rights Vs. Civil Rights
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While Human Rights are those rights that an individual enjoys because they are human, Civil Rights are rights that an individual enjoys by virtue of citizenship. Human rights do not change from one country to another, civil rights differ from one nation to another. Civil rights basically depend on the laws of the country. Human rights are basic rights inherent with birth, civil rights are the creation of individual nations and societies. The term “civil rights” is also commonly used to refer to a movement in the USA to establish equal rights under the law for African Americans
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Controversies Surrounding Human Rights
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Universal (applied universally across cultures) vs. Relative Human Rights (moral codes are morally and culturally contingent)
Natural Rights (applied to all based upon human) vs. Unnatural Rights (applied to all based upon social constructions) Equality (applied to everyone) vs. Inequality (applied only to certain groups, such as rights of women) Domestic (applied to individual nations) vs. International (applied across nations) Human Rights Individual (focus on the rights of individuals) vs. Collective Human Rights (focused on the rights of groups) Negative (focused on restrictions) vs. Positive Human Rights (focused on adequate standards of living) Rationality (rights based upon philosophy) vs. Sentimentality (rights based on emotion) Lower Rights (established in local context) vs. Higher Rights (established through international law) |
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Rights Based Approach
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A rights-based approach to development describes situations not simply in terms of human needs, or of developmental requirements, but in terms of society's obligations to respond to the inalienable rights of individuals; empowers people to demand justice as a right, not as charity; and gives communities a moral basis from which to claim international assistance when needed.
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Strategies of Rights Based Approach
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Frequent strategy is to link abuses to human rights, or rights that might be considered linked to the rights we are entitled to as human beings
Example: Same Sex Marriage is link to “marriage equality” to give the argument more weight |
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This religion believes in
non-injury to others: cause no pain to any living being |
Buddhism
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Do not set yourself against the
man who wrongs you. If someone slaps you on the right cheek, turn and offer him your left |
Christianity
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Thou shalt not kill.
Thou shalt not commit adultery. Thou shalt not steal. |
Judaism
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Often duties in this religion are
supported by a threat of divine wrath if they are ignored, which shows just to what lengths a wrathful God may go to vindicate human rights |
Judaism
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This religion recognizes the
value of all human beings, emphasizing the value of loving thy neighbor |
Christianity
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Thou shalt neither vex a stranger,
nor oppress him: for you were strangers in the land of Egypt. You shall not afflict any Widow, or fatherless child |
Judaism
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As a lotus flower, though it grows in
water, is not polluted by the water, So he, though born in the world, is not polluted by worldly dharmas. Like a fire his mind constantly blazes up into good works for others |
Buddhism
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This religion affirm that human
beings have rights not because they are part of the natural order, but because they are loved by God |
Christianity
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This religion believes the Prophet
revealed the will of god, which included a duty to practice charity |
Islam
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How blest are those who
show mercy; mercy shall be shown to them |
Christianity
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'You have learned that our forefathers
were told, "Do not commit murder; anyone who commits murder must be brought to judgment." But what I tell you is this: Anyone who nurses anger against his brother must be brought to judgment. |
Christianity
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For this religion, human rights
is not simply the result of a commandment from god, but instead the result of a duty to others and the universe. |
Buddhism
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This religion recognizes the
importance of duty (dharma) to relieve suffering |
Buddhism
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But it is righteousness-
To spend of your substance, Out of love for Him, For your kin, For orphans, For the needy, For the wayfarer, For those who ask, And for the ransom of slaves: |
Islam
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He that oppresses the poor
blasphemes his maker: but he that honors him is gracious to the poor. |
Judaism
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In this religion the state has the
responsibility of enforcing the principles of the “scriptures”: As sovereignty belongs to God, the state exists not merely to protect its citizens but to achieve human rights |
Islam
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This religion believes in a sovereign
god that establishes justice for the poor and the oppressed |
Judaism
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At all costs I must bear the
burdens of all beings, In that I do not follow my own inclinations. I have made the vow to save all beings. All beings I must set free. |
Buddhism
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Charity and help to the poor
To be organized; Drink and gambling To be banished; orphans to be protected; Marriage, divorce, and widowhood To be regulated; and the rights of women, Apt to be trampled under foot, Now clearly affirmed. |
Islam
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One of the first links between
this religion and human rights occurred in India, when inequality in the caste system was challenge by religious leaders |
Buddhism
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What are the links between Human Rights and the Code of Hammurabi?
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In some cases establishes law being higher than judges
Although it is a primitive example, it does contain provisions such as presumption of innocence (126) This code also contains a single law about restrictions of government officials (5) Duty to community (42) Medical care as a right of free men (215, 216) Continued Violations Women as less than men (129) |
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Class system in Babylon: Human Rights Violation
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Hammurabi's Code distinguishes between three classes in the application of justice:
The amelu, the citizens of the upper class, generally included: government officials, priests, and military officers. The mushkinu, the middle class, consisted of: trades people, professionals, and workers. Slaves, known as wardu, were members of the lowest class. The slave class was created both from prisoners of war and Babylonian citizens forced into slavery |
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How does Magna Carta relate to Human Rights?
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This code contains laws about restrictions of government officials
Deprivation of land Establishes rule of law over the rule of a King Example of a higher source of law, more universal Early democratic functions began to take shape Made a provision for a Great Council, to be comprised of nobles and clergy who would approve the actions of the king regarding his subjects and ensure the tenets set forth in the charter were upheld |
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How does Magna Carta relate to Human Rights?
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Unlawful imprisonment forbidden (39)
Immigration law (41,42) Upholding law (61) But the UDHR is not self enforcing Classism (6) Sexism (7) Ethnocentricism & Culture (10) Can be considered civil law, early form of constitutional law, but not universal human rights (pre-cursor to it) |
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Natural Rights
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Concept of Natural Rights was forwarded by John Locke (1632 – 1704 AD)
Born at a time when the monarchy was attempting to extend control Natural rights are universal and inalienable Not just a focus on duties, but rights These extend beyond the laws of government Consists of a social contract laying out the duties of a government and its citizens Believed humans born with a blank slate (tabla rosa), and that we form knowledge based upon experience |
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John Locke’s Civil Society
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One of Locke’s central ideas is that once, long ago before organized societies and laws existed, people lived in a “State of Nature.”
In the State of Nature, people had perfect freedom and equal rights and privileges. All people personally had the right (known as Natural Rights) to defend themselves against anyone who attempted to violate their rights. Everyone was his own judge, jury, and executioner. Since this was a rather inconvenient way to live, people created Civil Society, so that they would not have to defend themselves but would be protected by rules and laws. Under Civil Society, people gave up their Natural Rights to defend themselves and agreed to live as a community, under the law. Therefore all governments are founded with the consent of the governed. Rebellion is possible when government does not uphold individual rights it is supposed to preserve. |
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What does Human Rights Say About Teleology & Affirmative Action?
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Teleology – Focuses on the purpose of an object
Objection to Teleology – What about equality? Is it perhaps better to provide equal opportunity as opposed to purpose? The United Nations Human/Animals Rights Committee "the principle of equality sometimes requires States parties to take affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate discrimination prohibited by the Covenant” Convention on the Elimination of All Forms of Racial Discrimination, 1969 (Article 2.2) affirmative action programs may be required of countries that ratified the convention, in order to rectify systematic discrimination such programs "shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved." |
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What does Human Rights Say About Utilitarianism and the Rights of the Many?
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Utilitarianism – Rights of many over rights of few
Objection to Utilitarianism – What about the rights of the few who can be oppressed by the many based upon democratic vote? Should some values be promoted not because they bring us more happiness, but because we know they are the rights thing to do? United Nations Convention Against Torture, and other Cruel, Inhuman or Degrading Treatment or Punishment, 1987 For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him… Geneva Convention (Amendment, 1949) Henry Durant wrote book about horrors of war in 1862, leading to establishment of red cross and the geneva convention regarding rules of armed conflict, which have been added to and re-agreed upon over the years 2. The following acts are and shall remain prohibited at any time and in any |
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What does Human Rights Say About Libertarianism?
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Libertarianism – Gov’t hands off economics
Objection to Libertarianism – Should the ultimate virtue be financial, or should it be related to other virtues such as civic duty UN Declaration of Human Rights, 1948 Everyone, as a member of society, has the right to social security… Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment… Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services International Covenant on Economic, Social and Cultural Rights (1976) The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favorable conditions of work which ensure, in particular: (a) Remuneration which provides all workers, as a minimum, with: (i) Fair wages…decent living…safe and healthy working conditions…equal opprit |
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League of Nations (1919)
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In 1919, the League of Nations was established in order to prevent war, promote disarmament, and improve global welfare
Sought to establish and uphold basic rights |
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Atrocities of WW2
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Attrocities included:
Civilian Deaths War on a global scale Multiple fronts (Pacific and Europe) Holocaust Ineffectiveness of League of Nations revealed |
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Four Freedoms
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Four Freedoms were adopted by the allies during WW2
Articulated by FDR on January 6, 1941 Freedom of speech Freedom of worship Freedom from want Freedom from fear His inclusion of the latter two freedoms went beyond the traditional US Constitutional values protected by its First Amendment, and endorsed a right to economic security and an internationalist view of foreign policy |
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Atlantic Conference
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Winston Churchill and Franklin Delano Roosevelt met early in August 1941 to discuss aims for the war and the post war world
Focus on Human Rights not a priority Focus on economic & political cooperation, dividing territories Highly criticized by other nations for not including non-Western war partners |
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UN Charter Ratification
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The UN officially came into existence on 24 October 1945 upon ratification of the Charter by the five then-permanent members of the Security Council—France, the Republic of China, the Soviet Union, the United Kingdom and the United States—and by a majority of the other 46 signatories.
Individual nations then had to vote independently to approve this Charter (US Senate approved by a vote of 89-2) |
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UN Charter and Human Rights
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to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and
to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom, |
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Different types of Human Rights Documents: Declarations
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UDHR written for the layperson
Non binding statement of intent to recognize and uphold human rights Roosevelt wanted to first get the bill written, and then decide on implementation (which was much more controversial) Mission statement |
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Different types of Human Rights Documents: Covenants
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Covenant is a promise between two or more countries to enforce specific laws
A specified number of countries must sign a covenant before it comes into effect Binding: Countries that sign a covenant intend to bind themselves to provisions within the document Must then be ratified by each nations legislature In the US, it must be signed by the President and a 2/3 Senate vote Examples: International Covenant on Civil and Political Rights International Covenant on Economic, Social and Cultural Rights |
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Examples from Covenant on Civil and Political Rights:
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Prohibits discrimination on the basis of “race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status” without regard to citizenship
Prohibits torture and cruel, inhuman or degrading treatment or punishment (personal integrity) Prohibits slavery Limits the death penalty (in countries that still allow it) to the most serious crimes committed by persons over 18 |
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Examples from Covenant on Economic, Social and Cultural Rights:
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Right to work and make a “decent living for themselves and their families”
Safe and healthy working conditions Right to form trade unions with the right to strike Right of everyone to Social Security, including social insurance “widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society” |
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UN Secretariat
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Carry out diverse day to day work of the UN
Survey economic and social trends Prepare studies on human rights and sustainable development Inform the media about work of the UN Organize international conferences Interpret speeches & translate documents Secretary General is the head of the Secretariat Spokesman for the interests of the world’s peoples, in particular the poor and vulnerable |
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General Assembly
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The main deliberative organ of the UN
Promotes international political cooperation Composed of all UN member states Each member nation has one vote Can only make non binding agreements (binding must be referred to Security Council) Decisions on important issues require 2/3 majority vote Peace and Security Admissions of new members Budget matters Decisions on other issues: simple majority |
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Economic and Social Council
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This Council is responsible for promoting economic and social development such as:
Promoting higher standards of living Full employment Economic and social progress Identifying solutions to international economic, social and health problems Facilitating international cultural and educational cooperation Encourage universal respect for human rights and fundamental freedoms |
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The Security Council
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The main function of the security council is to maintain international peace
Facilitates international negotiations Can impose diplomatic and economic sanctions Air and sea blockades If there is still no progress the Security Council can authorize military action The Security Council has five permanent members: US, UK, France, Russia and China. 10 other countries elected for two year terms as non permanent members Not all members are equal: permanent members have the power of veto Imbalanced political structure |
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International Court of Justice
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Hears cases involving legal disputes among governments (not individuals)
Clarifies questions of international law Interprets the UN Charter Composed of 15 judges, elected to office for 9 year terms by the United Nations General Assembly and Security Council Relies on Security Council to enforce decisions |
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Trusteeship Council
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Established to promote the advancement of developing countries towards self-government or independence.
Members include five permanent security council members: China, France, Russian Federation, UK and US Palau: last remaining UN trust territory Suspended operation 1 Nov, 1994 Although it previously met on an annual basis, it will now only meet when required by President, General Assembly, Security Council or a majority of members |
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United Nations and NGO Consultants
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In 1946, a system was developed whereby NGO’s could act as consultants to the UN.
41 agencies were accredited to act as consultants to ECOSOC. By 2001 the number of accredited agencies rose to 2,091 |
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Peter Beneson: Origins of Amnesty International
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London Labor Lawyer
Read a story about two men who had been sentenced to seven years imprisonment for treason for the crime of raising their glasses in a toast to freedom Planned to bring publicity to the issue and bring government to shame Engaged in a letter writing campaign “Appeal for Amnesty 1961” |
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Amnesty International
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Women's, children's, minorities' and indigenous rights
Ending torture, Rights of refugees, Rights of prisoners of conscience, Ending death penalty, Protection of human dignity. Raises public awareness about human rights abuses, Mobilizes experts, Pressures governments to end human rights abuses, Organizes peaceful protests, Searches for and disseminates information about human rights abuses |
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Within the US, what % of the richest 1% of the population controls the wealth?
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43%
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According to The State of Working America, in 1978 corporate CEOs in the United States earned on average, 35 times more than the average worker. Today, they earn __ times more.
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300
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The wealthiest 20 percent of the world’s population controls ____ % of the worlds wealth
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80%
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What is the Right to Housing?
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The right to housing is more than simply a right to shelter. It is a right to have somewhere to live that is adequate. Whether housing is adequate depends on a range of factors including: legal security of tenure
availability of services, materials, facilities and infrastructure, affordability, accessibility, habitability location, and cultural adequacy |
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What Causes Homelessness?
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Poverty and the inability to afford housing, Long term or short term unemployment
Debt and other financial pressures Housing market pressures No public housing High rent costs Financial difficulties created by Substance abuse and addiction Poor physical health Poor mental health Family breakdown Domestic violence Lack of support created by social isolation |
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Forced Evictions
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Demolition crews or task forces, frequently comprised of public officials such as the military or police, are often employed to physically carry out evictions
The use of intimidation, threats, physical violence, harassment and other fear tactics are all among the methods used to achieve forced evictions and as such, deaths are not uncommon Superficially, many of the justifications used in eviction cases may be compatible with the law and thus seem reasonable, such as for reasons of public order, the safety and security of the inhabitants, threats to public health, etc. The problem, however, is that in most cases of eviction the affected persons, in addition to having their human rights violated, tend to end up in a far worse situation, despite the fact that their living and housing condition before the eviction may have been far from ideal. Approximately 15 million people globally were forcibly evicted from their homes between 1985 – 1994 |
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Example: Zimbabwe’s Robert Mugabe and Evictions
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President of Zimbabwae
Formerly seen as liberator of Zimbabwae (achieved independence from UK in 1980) Became dictator, opposing fair elections in a bid to hold power In 2005, he Bulldozed slums in his country under operation Murambatsvina ("clean out the filth“) Left 700,000 homeless Children left with no access to schools, health Possibly done to break up political opposition ahead of “elections” UN condemned attacks, UNICEF stepped in to alleviate problems People left with no place to go Eviction of white farmers, and gay people too |
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Crimes Against the Homeless
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From 1999 through 2009, across the United States there have been one 1074 acts of violence committed by housed individuals, resulting in 291 deaths
Breakdown of 2009 Non-Lethal Attacks: Beatings: 67% Rapes/Sexual Assaults: 13% Setting Victim on Fire: 8% Shootings: 6% Police Harassment/Brutality: 6% Perpetrators are often males under the age of 30 who have homes |
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Potentially Harmful Legislation
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There has been a growing trend which criminalizes homelessness:
Legislation that makes it illegal to sleep, sit, or store personal belongings in public spaces Selective enforcement of more neutral laws, such as loitering or open container laws, against homeless persons Sweeps of city areas where homeless persons are living to drive them out of the area, frequently resulting in the destruction of those persons’ personal property Laws punishing people for begging or panhandling in order to move poor or homeless persons out of a city Many perceive this as a problem because it is a band-aid solution in how it covers up the eyesore, but does not fix the problem |
