Key terminology
What is Universalism?
Each human being possesses certain inalenable rights simply because he or she is a human
What are human rights?
"Human rights can be understood as defining those basic standards that are necessary for a life of dignity; and their universality is derived from the fact that in this regard, all humans are equal.”
Who has a role in enforcing human rights? Name at least two actors.
Governments--treaties, protecting citizens, responsibility, laws
United Nations--policy, diplomatic intervention
Civil Society--education, advocacy,
What are the core values of human rights?
Equality and Dignity
What is cultural relativism?
The idea that person’s beliefs, values and practices should be understood based on that person’s own culture, rather than be judged against the criteria of another.
Which generation of human rights can you link to the political ideology of ‘Liberalism’.
First Generation Rights linked to individual liberties. This generation of rights is about individual freedoms and security of a person. The State provides protection but does not interfere. Negative rights.
What are the three pillars of R2P
A state has a responsibility to defend their population against mass atrocities
The international community has the responsibility to assist the state to fulfill its primary responsibility
The International community has the responsibility to intervene through coercive measures
What is dignity?
the quality or state of being worthy, honored
What is interventionalism?
Significant activity undertaken by a state to influcence somehting not directly under its control
Which generation of human rights can you link to the political ideology of ‘Socialism/Marxism/Communism’?
Second Generation Rights linked to improving living standards for (disadvantaged) groups. This generation of rights is focused on creating equal opportunity for citizens with interference by the state. Positive rights.
Why is R2P considered contraversial?
Because the R2P could be used for political motives, to reach another goal and could lead to even more problems and violence.
Why do human rights differ from other rights?
They don’t depend on someone/something else. They are not dependent on promises or guarantees by another party. Someone's right to life is not dependent on someone else promising not to kill him or her: their life may be, but their right to life is not. Their right to life is dependent on only one thing: that they are human
What does interrelated mean?
One can't do without the other--rights are linked to each other.
Which historical event set precedence regarding international customary law, establishment of human rights and how they should be enforced?
WWII and the Nuremberg trials set standards that would be followed afterward by the UN and international law. For the first time, the Nuremberg indictments also mention genocide (count three, war crimes: "the extermination of racial and national groups, against the civilian populations of certain occupied territories to destroy particular races and classes of people and national, racial, or religious groups
What is the major difference between the ICJ and the ICC?
ICC, individuals on trial, binding verdicts.
ICJ, countries in trial, countries should agree to go on trial (to settle disagreement over a part of a treaty or a border dispute for example). Binding opinions linked to treaties but also can give – if requested- advisory opinions.
What do we mean with inviolable rights that cannot be infringed upon?
Nobody can take rights away. People can infringe on your rights, deny those rights, but you still are entitled to them simply because you are human (not because you are a teacher, a police officer, a student, a citizen, those rights can be taken away).
What are clashing rights?
When rights contrast each other. Freedom of speech vs. non discrimination
How do the third generation of human rights differ from the first two?
The first two are focussed on the individual and the third generation is focussed on community and creating solidarity between humans.
What is the security council and why is it considered dysfunctional?
The security council is the 5 member body of the UN that has decision making power. It is considered dysfucntional because each member has full veto power, they almost never agree and decisions are based on geo-politics rather than international law and UNDHR
Why are CSOs important for protecting and enforcing human rights?
CSOs fill the space untouched by government. In a fragile and conflict-ridden country, the can play an important role of providing services, advocate for change and intervention.