Introduction to Human Rights
That human rights are indivisible means that....
all human rights have equal status and cannot be ranked in importance – denial of one right impedes enjoyment of other rights
what is the difference between negative and positive liberty?
negative: freedom from restrictions, often imposed by the gov
positive: freedom to achieve things such as education, health, etc
name one human right found in the ICESCR.
right to education
right to health
right to work
right to an adequate standard of living
right to take part in cultural life
name one tactic that NGOs use to promote the enforcement of human rights
lobbying, publishing reports and conducting interviews, cooperating with policymakers
the principle that refugees shouldn't be deported is called...
non-refoulement
name one source of human rights law
treaties, declarations, ICJ/ICC cases, customary law, constitutions, bills, acts, national court cases
third generation rights are different from first and second generation rights because...
rather than focusing on individual rights, they are focused on rights of the community
right to an adequate standard of living in the ICESCR does not define "adequate", but what does General Comment No 12 say about it?
adequate is determined by prevailing social, economic, cultural, climatic, ecological and other conditions.
the ICJ has jurisdiction over _____ but not ______
states, people
Wet'suwet'en in Canada fighting to get ownership of their land while oil and gas companies tried to build pipelines on their land.
explain the difference between signing and ratifying a treaty
sign + ratify = bound by the treaty
Rawls' justice as fairness believes that....
a fair society is one that provides for its people's basic liberties and opportunities for the most disadvantaged people.
Right to health: the ICESCR calls for the "highest attainable standard" of physical and mental health, but General Comment No. 14 emphasises that the right to health is not ___________________.
the right to be healthy.
Which P5 member is a signatory to the optional clause of the ICJ?
UK
- eloping
- rejecting arranged marriages
- homosexuality
- being revealing
- not wearing hijab
name the three treaties that make up the International Bill of Rights (full name required)
1. Universal Declaration of Human Rights (UDHR)
2. International Covenant on Civil and Political Rights (ICCPR)
3. International Covenant on Economic, Social and Cultural Rights (ICESCR)
what is the difference between procedural and distributive justice?
procedural justice: fairness in the law, systems, or "procedures"
distributive justice: fairness in the distribution of resources (e.g. between the rich and the poor)
name one main pillar of the United Nations Convention on the Rights of the Child.
non-discrimination
right to life, survival and development
best interests
respect for the views of the child
the ICC prosecutes against individuals who have participated in _______ (name at least 1)
genocide, crimes against humanity, war crimes, crime of aggression
In the Indian Penal Code, there is a defense for homicide called the defense of provocation. In the context of honour killings, how can this affect women's rights?
the perpetrator can argue that they were provoked (losing self control) and therefore had no control over their actions.
Name one rights-based ordinance in Hong Kong and its application in an HK human rights case.
Race Discrimination Ordinance - case of Arjun Singh - could not help him as it did not apply to policing
What is the difference between retributive and restorative justice?
retributive justice = focuses on punishment
restorative justice = focuses on repairing harm between victim and perpetrator
how does Indigenous sovereignty challenge state sovereignty?
Indigenous peoples view themselves as having a historical existence and identity separate and independent of the state.
Some Indigenous groups demand sovereignty over their own land, which goes against state sovereignty.
the ICJ deals with two types of cases called ___________ proceedings and ___________ proceedings
contentious, advisory
Name one third generation right and explain why it requires interdependence between states. Then explain why you think this right may be violated (although not legally binding).
right to peace - states need to cooperate to resolve interstate conflicts. The right to peace requires that people have the right to enjoy peace to achieve development, but this is far from the current reality as destructive wars persist (Gaza)
right to a healthy environment: MNCs and climate change, SDGs, but not all states are cooperative on these issues (e.g. US leaving Paris Agreement, oil companies exploiting the Middle East)
right to development: states may need to share technology and information to develop; foreign aid or investment may be needed, but sometimes states are taken advantage of (e.g. debt trap diplomacy)