Human Rights

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

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?

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

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

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

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

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

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?

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

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

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