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59 Cards in this Set
- Front
- Back
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Natural Law |
Originally equated with God Now considered rights |
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Criticism of Natural Law/Rights |
Partly due to the development of the Enlightenment and its critical treatment of religious tradition |
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Natural Law vs Positive Law |
Natural Law exists as a fact of nature is something that humans discover Positive law only exists because humans have posited/ proposed it- man made |
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Universal human rights |
They apply everywhere, to all human beings |
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Inalienable human rights |
They cannot be removed from you; even you cannot give them away |
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Inherent human rights |
No one gave them to you; they belong to you as part of the nature of being a human being |
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Absolutist Control |
Absolute government that has absolute/ unlimited authority and thus is subject to no limits on what it may do, including what it may do to the people it governs |
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Imprescriptible |
Unable to made invalid or unenforceable |
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Moral autonomy |
Is to take decisions for oneself with respect to questions of right and wrong |
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Edmund Burke- critic of natural/ humans rights |
Thought the idea of natural rights was dangerous because as abstract concepts not anchored in the history and traditions of a particular society, the imposition of natural rights was likely to break down the bonds that tie a society together and result in chaos |
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Jeremy Bentham- critic of natural/ human rights |
Argued against the idea of natural rights by rejecting the idea that there could be any law or rights outside of, or prior to, human-made positive law |
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Karl Marx- critic of natural/ human rights |
Dismissed idea of natural rights by arguing that the real function of natural rights in society was to protect the property of the Bourgeoisie class |
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Typology |
A classification of phenomena into a system of types Important in the study of human rights because they provide useful common vocabulary that is understood by people who study and practice human rights |
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3 generation of rights |
This typology highlights the historical chronology of when people started talking about certain types of rights as natural or human rights |
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Controversy of 3 generation of rights |
Some people do not like this typology because it may appear to contradict the claim that human rights are "indivisible", interdependent and interrelated |
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First generation/Civil and Political Rights |
Other terms closely associated with this category of rights, physical integrity rights and empowerment rights |
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Second generation/ Economic, Social, Cultural Rights |
Welfare rights- which include the right to education, work, adequate standard of living and medical care |
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The Collective Conception |
1st conception of group rights Treats the group as a collection of distinct individuals, each of whom and only each of whom has moral standing |
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The Corporate Conception |
2nd conception of group rights Treats the group as monolithic or as one corpus/body. As such the group is treated as having moral standing |
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Negative and Positive Rights |
This typology draws attention to what governments have to do for you to enjoy a right Ex. In order to enjoy access to healthcare, government must make it affordable to you |
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Positive right |
You must be able to do or enjoy something |
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Negative right |
You must not experience or suffer from something |
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Controversy of Negative/ Positive Rights |
Equate negative rights with civil and political rights and positive rights with economic, social and cultural rights |
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The Indivisibility of Human Rights- Langlois |
Is intended to respond to this attack on the legitimacy of economic, social and culture rights as human rights |
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Key point about negative/positive rights typology |
It does not divide all human rights into distinct categories once and for all rather this terminology allows us to frame different rights according to what the state would be required to do in order for the right to be enjoyed.. |
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Legal and Moral Rights |
You might invoke the language of this typology when asked why you think you have a certain right You might say that you have the right because the right is defined in and protected by law |
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Controversy of legal and moral Rights |
One key question to this typology gives rise concerns whether legal and moral rights or only legal rights should be considered real rights |
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International Law |
Regulates the international community of states and primary legal persons which this law regulates are states( Canada, Nigeria etc.) |
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Sovereignty |
Authority to override all other authorities |
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When international law is impossible |
Only impossible if we insist that this law be binding on States in the same way that domestic law is binding on within States |
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Treaties( regular kind) |
1. Such treaties are more concerned with the effect that what State A does has on Stage B than they are with the effect of what State A does on its own citizens 2. In the event that one of those countries fails to fulfil its obligations under the treaty, it makes sense for the other country to punish the violating country by not keeping up their obligation under the treaty |
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Human rights treaties |
1. Human rights treaties are more concerned with the effect that State A's actions have on the citizens of State A than any effect that State A's behavior might have on State B 2. In the event that one of these states fails to fulfil its obligations under the treaty, it does not make sense for the other country to punish it by not keeping up its obligations under the treaty |
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Charter Body |
Institution that was created by means of the text of the UN charter |
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UN Charter |
A treaty that basically serves as the constitution of the UN |
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Treaty body |
Refers to an institution that was created through the text of the treaty that this body serves to monitor |
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Human rights and discrimination |
One complementary relationship between religion and human rights is that it is standard practice to include religion in the lists of prohibited grounds of discrimination in human rights treaties and human rights codes |
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The rights to freedom of religion |
1. Everyone shall have the right to freedom though, conscience and religion 2. No one shall be subject to coercion which would impair her freedom to have or adopt a religion or belief of her choice 3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law 4. The States Parties to the present convenant undertake to have respect for the liberty of parents, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions |
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Religion- Fazaeli |
"Transcendent experience". Transcendent, in this sense refers to that which extends or lies beyond the limits of ordinary experience |
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Religion and the Origins of Human Rights |
A special feature of the relationship between religion and human rights as Fazaeli indicates is that they often share the same philosophical currents, often addressing the same key concepts like justice equality and dignity |
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Secularization |
Non religious |
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Secularization and Freedom of Religion |
Non religious not understanding the need for freedom of religion may create conflict |
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SOGI Rights |
Sexual Orientation, Gender Identity and Human Rights |
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International efforts by SOGI activists |
-No single direction for the influence emanating out of the United States -The struggle between American actors concerning the status of SOGI Rights is often played out through surrogates in the Global South |
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Critiques of efforts to advance SOGI Rights |
1. Concerns about whether efforts of the governments and NGOs in the Global North to advance these rights in the Global South should be rejected as a form of Cultural Imperialism 2&3 concern whether it might be a mistake for these activists to try and advance their members interests by seeking human right at all |
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Case Study- Uganda |
Brings together issues concerning the influence of Global North actors in the Global South, the role of religion,the apparent conflict etc. |
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Political democracy |
Democratic political institutions generally refer to the minimalist concept of democracy advocated by scholars such as Schumpeter |
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Democracy |
Political system which possesses sufficient amount of participation and opposition- Dahl |
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Opposition |
Refers to the extent of the governments tolerance for competing policy preferences |
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3 aspects of democratic political institutions |
A democracy is more likely to place greater contraints on its political leaders A democracy is more likely to involve more its citizens in the selection of its leadership A democracy is more likely to have diverse political parties as well as highly competitive elections |
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State Repression |
Persecution of an individual or group usually for political reasons, particularly for the purpose of restricting or preventing their ability to take part in the political life of society Often the product of Exclusionary Ideologies |
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Personal integrity |
Individuals can go about their daily lives free from arbitrary incursions carried out by the State ( detentions, torture etc.) |
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Rational Decision Making |
Incentive behind State Repression Involves weighing the marginal benefit and marginal cost of any activity |
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Exclusionary Ideologies |
Ideology behind State Repression Define the conditions under which it is acceptable to target or exclude certain categories of people |
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2 Variables that Diminish Human Rights Violations |
Democracy and economic development diminish something |
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Democracy's influence on State Repression |
Cost-benefit analysis Democratic values Regulation of behavior (Influencers) |
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First wave scholarship |
Found a linear relationship: the more democracy the less repression |
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Second wave scholarship |
Agreed that democracy had a significant influence on repression, but challenged the linear movement on this relationship |
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The More Murder in the Middle Hypothesis |
Hypothesis Full autocracies and democracies apply relatively low amounts of repression |
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Democratic Threshold model |
Not all movements to democracy are comparable and it is only when a certain threshold is passed that we should expect an influence |
