CH 12 Human Rights VOCABULARY HUMAN RIGHTS the rights possessed by all individuals by virtue of being human regardless of their status as citizens of particular states or members of a group or organization UNIVERSAL DECLARATION OF HUMAN RIGHTS adopted by the UN General Assembly in 1948 this declaration defines a common standard of achievement for all peoples and forms the foundation of modern human rights laws INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS the agreement completed in 1966 and in force from 1976 the details the basic civil and political rights of individuals and nations INTERNATIONAL COVENANT ON ECONOMIC SOCIAL AND CULTURAL RIGHTS the agreement completed in 1966 and in force from 1976 that specifies the basic economic social and cultural rights of individuals and nations INTERNATIONAL BILL OF RIGHTS refers collectively to the UDHR the ICCPR and the ICESCR Together these three agreements form the core of the international human rights regime INDIVIDUAL PETITION a right that permits individuals to petition appropriate international legal bodies directly if they believe a state has violated their rights INTERNATIONAL CRIMINAL COURT a court of last resort for human rights cases that possesses jurisdiction only if the accused is a national of a state party the crime took place on the territory of a state party or the UNSC has referred the case to the prosecutor I Major International Human Right Covenants Defining Human Rights o A right possessed by an individual because he she is a human o Some cultures favor stability over liberty o The Universal Declaration of Human Rights UDHR broadly accepted as the foundation of modern human rights law Two binding agreements International Covenant on Civil and Political Rights ICCPR Very western Rights of liberty life freedom International Covenant on Economic Social and Cultural Rights ICESCR Basic economic social and cultural rights The right to earn wages sufficient to support minimum standard of living right to form trade unions free primary education and accessible schools at all levels The treaty forbids exploitation of children Each nation that has ratified this covenant is required to submit annual reports to the UN The UDHR and the twin covenants are often referred to as the International Bill of Rights II Why Do States Violate Human Rights Lack of Capacity o For instance many poor countries can t provide free education under the ICESCR Others don t have control over their military and police to stop human right abuses o Many human right laws are soft laws understood to be aspirations and goals rather than strict rules to which they should be punished for o States are sometimes tempted to violate the rights of groups or individuals they fear may be allied with a foreign threat Much more likely to use torture to get information Foreign Threats Sovereignty o Invoked by others help explain why they violate human rights o Their need to maintain order sovereignty is more important to then their civil liberties To Maintain Power o Governments also violate the human rights of their citizens to preserve their own rule The country is not under attack but political opponents are abused in an effort to suppress internal dissent o More often than not applies to non democratic liberties III Treaty Politics Why Sign Human Right Treaties o Democracies will most probably follow signed guide lines where dictators not so much o To demonstrate their commitment to democracy and political liberalization Democratizing states that seek to shed past abuses sign in an attempt to lock in their new institution It make political backsliding more costly and less likely New democratizing states aim to commit themselves credibly to political reform o Inducements and linkage some states sign because rewards provided by others if they do so These rewards may include financial assistance or the promise of future membership in international organizations that provide benefits on other dimensions Example EU makes members sign and comply with a host of human rights treaties before being accepted o Moral and Philosophical Motivations identification for a common human empathy Were all the same and others deserve to have these rights o Self interest Motivations promoting human rights in other places is essential to the maintenance of international peace Suppressing human rights creates domestic political unrest and possible insurrection such civil conflicts may spill into neighboring states either directly or indirectly o Measures of protection of Human Rights have not changed over the years o No improvement in abuses protection o Increase in International Human Law Rights but abuse Figure 12 A continues to occur Do Human Treaties Make a Difference NO o There is no third party enforcer IV Enforcement o They re just expressive in which states seek to benefit by taking positions rather than by modifying their behavior States may hope it gives the appearance of conforming with civilized norms of behavior while continuing to engage in actual practices that violate human rights Who Signs the Convention on Torture o Full democracies are already abiding by it so they sign o Full dictatorship But nothing can happen if they violate it o The middle group democratizing states lack the full capacity to enforce these rights Optimist hope that treaties may have longer term effects There is inconsistent enforcements and this may explain the ineffectiveness of international human rights laws Interests o Interest might be at stake Example NATO battle against Serbia s ethnic cleansing protecting Muslims and Albanian NATO s self interest to invade because of a spill out effect Under what conditions are states likely to enforce human rights o Domestic pressure group Linked with transnational advocacy networks Example Apartheid American stopped trading with S Africa o When doing so serves larger geopolitical interests o When the gap between the principle of sovereignty and international human rights law can be bridged o Motivated by human empathy o Central tactics to enforce rights Economic sanctions Naming and shaming V Developments in International Human Rights Law Transitional Justice o Emphasis has shifted to noncriminal and non judicial forms of reconciliation which are believed to provide a better and more solid long term foundation for the future of states Criminal prosecutions may create incentives for human right abusers to fight longer and harder to stay in power o
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