1 the nature and development of human rights
-
Upload
alisa-stephens -
Category
Education
-
view
279 -
download
0
Transcript of 1 the nature and development of human rights
Definition
– Human rights are rights held by all human beings
– Universal, Inherent and inalienable
"The government does not give you those rights; it is the responsibility of the state to recognise them"
- SMH "rights must be balanced with responsibilities" 2010
Formal statements of Human Rights
Examine major human rights documents and
explain their contribution to the development of
human rights
Human rights – not a modern concept
– Philosophers: Plato, Aristotle
– Codes: Hammurabi, Cyrus the Great
– Writings: "Enlightenment" (Europe); eg: Locke, Kant
– Documents: US Declaration of Independence 1776, French Declaration on the Rights of Man 1789
– Human rights also developed over time. Consider: slavery, suffrage, labour rights, education…
Formal statements of human rights
Universal Declaration of Human Rights– Direct response to WWII; the UN was created, but the Charter was not
considered to be enough to protect the rights of people around the world
– Commission on Human Rights – tasked with Human Rights Project
– 10 Dec 1948 – Universal Declaration of Human Rights voted on in UN General Assembly; 48 for, 0 Against, 8 Soviet states abstained
– Single list – they cannot be separated from one another.
30 Articles4 pillars
1-2 human rights belong to all; no discrimination
3-19 1st Generation Rights (life, liberties)
20-26 2nd generation rights (economic, social)
27-28 3rd generation (community & culture)
29-30 place some limits on HR
What happens if we favour one group of rights over another?– Western nations have favoured 1st
generation rights over 2nd
– Eg: US attitudes to Palestine, Iraq, Lebanon
– Result: terrorist groups gain suppor in areas where they provide social services (schools, etc)
– Eastern countries have favoured 2nd generation rights over 1st
– Eg: communist states
– Result: labour camps, bans on free speech etc "for the good of the country"
Formal Statements of Human Rights: Binding
International Covenant on Civil and Political Rights (ICCPR)
– 1966 – came into force 1976
– 167 countries have signed
– 1st generation rights
– "Negative rights" (eg: freedom from torture)
– Countries must organise their society to allow these rights for all
International Covenant on Economic, Social and Cultural Rights (ICESCR)
– 1966 – came into force 1976
– 160 countries have signed
– 2nd generation rights
– "Positive rights" (eg: provide universal schooling)
– More expensive – "too difficult"
Formal Statements of Human Rights: Binding
International Covenant on Civil and Political Rights (ICCPR)– Established Human Rights
committee
– Hears complaints brought by one nation against another (none yet!)
– Hears complaints brought by individuals against their government, eg: Toonen (right to privacy, sexual preference)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
– As a signatory, Australia receives a "report card" from UN Committee on ESCR
– 2009 – 26 recommendations to improve. Including: charter of rights; imprisonment of the mentally ill; homelessness; mandatory detention
Formal Statements of Human Rights: Binding
International Covenant on Civil and Political Rights (ICCPR)
– Reservations – some countries have reserved certain rights
– i.e. Agreed to most but not all parts as they ratified them
International Covenant on Economic, Social and Cultural Rights (ICESCR)
– International Bill of Rights has inspired over 200 international treaties, Constitutions, etc
– Older treaties are being updated through "optional protocols" to increase human rights – eg: Convention on the Rights of the Child
– 3rd generation rights are now getting international recognition (eg: Declaration on the rights of Indigenous Peoples 2007 )
Developing Recognition of human
rights
Outline how human rights have developed over time
Investigate the evolving recognition of human rights
Abolition of slavery
– 2 Steps: end the slave trade; free existing slaves
– British cases: Somersett Case 1772; Slave Trade act 1807; Slavery Abolition act 1833
– US cases: Lincolnshire Emancipation Proclamation 1863; 13th Amendment to the US Constitution (slavery abolished in all states)
– Slavery is against a4 UDHR, a8 ICCPR
– Multiple conventions: Two Slavery conventions (1926, 1953); Palermo Protocol 2000…
– Still an issue… 29.8 million slaves today. (14mil in India) An issue here in Australia
– R v Wei Tang, R v Dobie, R v Chee Mei Wong
– NGOs: anti-Slavery International, Global Freedom Network. Walk Free Foundation