Human Rights

1. Human Rights

2. 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

3. 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 • 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?

4. 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

5. 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

6. 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 non-intervention? • Are we promoting interventionism with the establishment of the League of Nations and The United Nations

7. 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

8. 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

9. 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?

10. 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 self-determination

11. 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

12. 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