Transcript Human Rights

Human Rights
Globalization of Human Rights
• Universal Human Rights
– All individuals possess rights simply by virtue of
being human, or sharing a common humanity
• Idea has spread because of globalization
– Complex system of international law and practice has
developed in last 60 years
» Human Rights is an international norm today
• Antagonist of UHR
– HR reflects European Culture and Ideology, and is
not universal
– Often neglects to notice the rights of women and
other minorities in a society
Three Generations of Human Rights
• First-Generation
– Political Rights
• Freedom of
• Freedom from
• Second-Generation
– Economic, social, and cultural rights
• Third-Generation
– Rights of People (first two are individual rights)
• Debate
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Are Second and Third Generation really rights?
Should nations make HR part of their Foreign Policy?
Should a country have to adopt HR to receive aide?
Should a country risk trade agreements to promote
HR?
Opponents to Human Rights
• Realist
– Favor National Interest over HR
• Communitarian
– Right of communities to determine their own forms
of rule
• Argue
– Human Rights is a new view with little historical
backing
– Force states to adhere to a standard that is counter to
a states culture or ideology
– Used primarily for hegemony Democracy Promotion
– First and Third generation often conflict
• UHR denies people to right to practice culture and social
beliefs
Foundations of HR
• Natural Law
– Born during the Middle Ages
• Universal moral standards exist upon wich the rights
that individuals have are founded and there is a general
duty to adhere to theses standards
– Rights = Duties
– Basis of most legal systems in western world
• Charter Rights
– Describe in legal terms the result of a political bargain or
contract
Liberal Human Rights
• Liberal Account of Rights
– Human beings possess rights to life, liberty, the secure
possession of property, freedom of… etc…
• Inalienable – cannot be traded away
• Unconditional – only broken to protect others rights
– Based on writings of John Locke and Thomas Hobbs
– Primary function of government is to protect these rights
• Based on writings of G.W.F Hegal and Jeremy Bentham
• Uncertainty
– Promotes humanitarian intervention?
– Pluralistic in its application?
– Does global governance conflict with sovereignty and nonintervention?
– Are we promoting interventionism with the establishment
of the League of Nations and The United Nations
Modern Agenda and Human Rights
• Post-1945 Humanitarian Impulse
– WWII destructiveness changed HR thinking
• Universal Declaration of Human Rights
– Set standards and norms of HR
– Adopted by the UN General Assembly in 1948
» Voting = 48 yes, 0 no, and 8 abstained
• South Africa = objected because its white dominate
society openly oppressed Africans
• Soviet Union and Five Soviet Block Nations =
objected because of lack of social and economic
rights
• Saudi Arabia = only government in UN without a
western style government, object to freedom of
religion principle
– First time in history a International Governing body has
attempted to regulate the internal behavior of its members
– Dominated by west, thus reflects western cultural traditions
Political and Economic Rights
• Political Rights
– First Generation Rights
• Civil Rights and Liberties
– Freedom From and Freedom Of
• Immunity
– Protections from… that are granted via a political body
– Requires stable government and just application
of the law
• Requires Duties and obligations
• For countries who lack both, intervention is an option
– Countries who are associated with west are often overlook
– Intervention for HR reasons is rare is violator is strong
militarily and economically
Continue
• Economic Rights
– Second-Generation Rights
• Debated if it should be a right
– Equality Rights
• Everyone should have an adequate standard of living
– Creates new obligations of a government
» Political Rights = requires government to refrain from
» Economic Rights = requires government to provide for in
addition to refraining from
– Problems with notion of economic rights
• Difficult for some nations (developing) to meet the
needs of its citizens
– How do you enforce a right that cannot be achieved?
Continue
• States may use economic and social rights as a barging
tool to undermine political rights
– Do development and freedom go together?
• National social and economic policies would become a
matter for all regulation
– Duty of rich nations to help poor nations
– Duty of rich nations to prevent the poor nations from further
complicating their situation
– Economic and Social rights are seen today as a
collectively agreed upon aspiration rather then a
right
• Those suffering from poverty and malnourishment
unlikely have the ability to exercise any rights
• Promoting economic and social rights undermines selfdetermination
Universalism Challenged
• Post-1945 Human rights law
– If followed Strictly
• States would be obliged to conform to a rigid template
which would dictated domestic political, social and economic
structure and policies
• Is spreading Universal HR a good thing?
– Feminist Critique = No
• UHR promotes “traditional” patriarchal view of family values
– Cultural Critique = No
• UHR undermines diversity and uniqueness of cultures and
societies
– Declaration of Principles of Indigenous Rights
» To preserve traditions, customs, institutions, and practices of
indigenous people
Continue
– Asian Value Critique
• Human Rights reflects the values of the west
– Confucianism, Hinduism, Buddhism, Islam, etc… need
protection
» Vienna Declaration on Human Rights
• Honors the significant of national and regional
differences, and the various historical, cultural and
religious backgrounds when considering human
rights
– Western Imperialism Critiques
• The west often does not follow its own rational of
human rights
– Imperialism limits the West’s claim on moral superiority
– Much easier to talk of human wrongs then rights
– Human rights culture is developing that replaces western ideal
of human rights