900102
| Question | Answer |
| HUMAN RIGHTS AFTER WORLD WAR TWO | THE UDHR, THE UN, CIVL AND POLITICAL RIGHTS, ECONOMIC AND SOCIAL RIGHTS |
| The Universal Declaration of Human Rights When? | Adopted by UN General Assembly on December 10th 1948 in Paris |
| The UDHR- WHY? | The declaration arose directly from the events of WW2 and is the first global expression of rights to which all humans are entitled to. |
| THE UDHR- WHO? | The UDHR was drafted by Canadian John Peter Humphreys and representatives of the first UN commission on Human Rights. Significant contributors included: Eleanor Roosevelt (USA), Rene Cassin (France) Charles Malik (Lebanon) and P.C. Chang (China) |
| What is the UDHR? | A declaration that consists of 30 articles which have been elaborated into subsequent treaties, regional human rights constitutions and other forms of law, including national and international law. |
| What are some of the major rights of the UDHR? | The right to life, liberty and security The right to equality The right to education The right to freedom of speech The right to employment The right to ideas and freedom of Religion. |
| Why has the UDHR been criticised in the past? And by whom? | The UDHR has been criticised by Islamic countries who see it as an understanding of rights mainly of the Christians and Jews. Muslims could not implement certain parts of the declaration for example without trespassing Islamic law |
| Give an example of this criticism | For example, June 2000 saw Muslim nations of the Organisation of the Islamic Cooperation support the Cairo Declaration of HR in Islam, which provides an Islamic perspective of HR and affirms Sharia law as its central source. |
| What is the UDHR part of? | The UDHR is part of The International Bill of Human Rights |
| What is a human rights violation? | A human rights violation is when the basic rights of humanity are taken away |
| What does medina say about HR violations | Medina claims a gross human right violation is when the rights to life, personal integrity and personal dignity are violated...Hey therefore, understands it covers a wide range of varieties. |
| What do HR advocates claim? | HR advocates claim that 60 years after its introduction, the UDHR is still more of a dream than a reality. E.g. Amnesty international claims in 81 countries people are tortured or abused and in 77 countries freedom of expression is restricted |
| Who is capable of violating HR? Mc Beth | McBeth claims everyone is- the government, individuals and corporations are capable of HR violations |
| What does Skogly say? | Skogly claims for the victims of HR, the effects are the same whoever is responsible for the atrocities |
| WHO GUARANTEES RIGHTS? | HR are guaranteed by governments. They are protected as legal rights in both national and international law |
| What does Alison Brysk claim? | Brysk claims the more democratic a government, the more likely HR will be guaranteed. This is because democratic governments are built on bargaining and compromise. Furthermore, a democratic government is likely to remove an abusive leader before there are mass HR violations. |
| Can HR be enforced. At what 3 different levels are they enforced? | Yes they can be enforced. They are enforced at International, Regional and National levels |
| How does the international level enforce rights? | Through the UN. For example the UN Human Rights Committee has jurisdiction over 162 countries |
| INTERNATIONAL CONTINUED | The UN has the power to take action by air, sea or land to restore international peace and security...e.g. The UN authorised NATO involvement in Libya |
| What is regional level of HR enforcement? | It is the middle ground between International and National...e.g. the EU, the best example of Regional HR enforcement is the European Court of HR. Provides largely Civil and Political Rights |
| What is meant at the national level? | Most important level, essential that laws are put in place for enforcement of HR. For example when the UK signed the Convention on HR and Fundamental Freedoms in 1950...it meant very little until they passed the HR Act in 1998. |
| What did the UDHR do significantly on a political level? | For the first time, the UDHR declared economic, social and cultural rights to be fundamental, which was a great breakthrough of the narrow minded traditional civil and political rights of the West. |
| What do the UDHR, ICESCR, and ICCPR do? | They make up the core of the International Bill of Human Rights, having over 100 rights together, extending the range and content of human rights protection, making it more specific and comprehensive. |
| How does the UDHR differ from older forms of rights/ codes of rights? Economic Hart | The UDHR expresses concerns for economic justice and well being. For example, the word justice is not used once in the French Declaration for the Rights of Man in 1789, nor is it used in the US Bill of Rights, but economic rights make up about a quarter of the UDHR, according to Hart. |
| Why else does it differ from the older rights? | The UDHR is less concerned with the political components of HR than the French Declaration or the Bill of Rights. The conception on Rights is focused on a more private than political level. The political section on HR is also about half the size of the economic section according to Hart. |
| Why does it differ finally from other rights? | It articulates a vision or a set of goals, it is more absolute and universal. e.g. it doesn't say LEDC's have exceptions to fulfilling economic rights for example which may be impossible to fulfil |
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