WEEK 2 - CONTEMPORARY HUMAN RIGHTS - THE UNITED NATIONS AND THR HUMAN RIGHTS SYSTEM Factors which made possible the emergence of international human rights law o WWII o UDHR (1948)Covenants on human rights (1966) o Decolonisation period - self determination o Failure of the League of Nations o Civil rights movement o Feminist movement in the West o European Convention on Human Rights (1950) o Gandhi - self determination, human rights not just a Western concept Factors which hindered further development of international human rights law o Global powers not wanting to give up colonies or be held internationally accountable (UK, France, Soviet Union, United States). o Cold War powers - human rights were not a priority and there was often a lack of consensus (still has an impact today). o Focus on state sovereignty - not wanting to get involved.
CORE HUMAN RIGHTS PRINCIPLES o Human dignity o Equality o Non-discrimination o Universality o Inalienable o Interdependency o Indivisibility o Responsibility UNIVERSALITY OF HUMAN RIGHTS o Universality is one of the essential characteristics of human rights. o By definition, human rights are rights that apply to all human beings regardless of gender, race or religion - they apply to every man, woman and child. o Therefore human rights are universal. THE UNITED NATIONS STATES: "Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible."
United nations in effective but they don't help everyone ... mostly western countries initiate these rights and they don't appeal to every country. KEY TERMS INALIENABLE: All human rights belong to every single person and cannot be taken from a person under any circumstances. INDIVISIBLE: All human rights are of equal importance in human rights law. Nobody can be denied their human rights because someone says or decides it is less important than another right. INTERDEPENDENT: This refers to the complementary framework of human rights law. For example, a person's ability to participate in their government at any level is directly affected by the right of freedom of expression, the right to education in many cases. o DECLARATION: Document stating agreed upon standards but which is not legally binding. o The UN General Assembly often issues influential but legally nonbinding declarations. o Does carry moral weight if it is adopted by the international community. CONVENTION: Legally binding agreement between states; also known as a treaty and covenant. - more stronger than declarations o Once a convention is ratified by a member state, there is an obligation to put the principles into that countries law and legislation. o Governments that violate these standards can be censured by the UN.