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International Human Rights: The Framework.

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Introduction

September 18/2002 International Human Rights: The Framework 1) Background 2) Individual Human Rights (HR) a) Political/Civil rights b) Social rights c) Economic rights 3) Collective Cultural Rights a) Ethno-cultural/Religious b) Collective rights of a "peoples" 4) Categorical Rights 1) Background: - Most human rights have existed as ideas. They started a long time ago. - Right reasoning became secular natural law, ultimately the basis of international law. - Universal Declaration of Human Rights (UDHR) = moral principles and subsequent documents passed to refine human rights. - Prior to WWII, human rights weren't a focus of international concern. Human rights were treated as the exclusive jurisdiction of the country. - Human rights came about as atrocities surfaced to public knowledge from WWII. - Atrocities of WWII were systemic and extreme. It gave the international community reason to pursue international human rights. - Nuremburg today is the international war crimes tribunal. - Canada has a fairly active role in the tribunal. - Countries struggling with internal conflict oppose international human rights. ...read more.

Middle

- Human rights are inalienable, they're not absolute. Human rights are conditional on the non-violation of the human rights of others. Social responsibility to respect others. - Some human rights can be restricted (must be fully justified) under certain circumstances: * Under emergency conditions * Once it's demonstrated (beyond reasonable doubt) that someone has violated someone else's human rights. Once proven guilty, restriction imposed must be to the necessary extent. To impose unjustified restrictions is itself a human rights violation. Ex. Capital punishment isn't justified. It's not necessary to kill them to stop them from killing. International human rights: retribution isn't a part of it. 2) A) Political/Civil rights: - Right to life, liberty, security and privacy. Ex. Prohibition of slavery, right to fair trial, protection from arbitrary arrest. - Right to freedom of expression, right to association freely, right to peaceful assembly. These are all political rights. - Many of these are to protect citizens from action of governments. Referred to as negative rights because it prohibits governments to cross the line. ...read more.

Conclusion

Protects collective cultural rights of people. People whose cultural membership is different from the majority group. - Protects group's rights to be different (both private and public). - 1992 document requires signatories to protect minorities. - Human right violations: forced assimilation, cultural genocide. Denies individuals freedom of choice therefore this constitutes oppression. On the group level it is neglect. If the group is subject to oppression, its diminution. The group itself has to respect rights of own members. 3) B) Collective Cultural Rights: Collective Rights of a "peoples": - Particular indigenous peoples of a colonized land. Aboriginals where country is colonized. Right to be autonomous (self-governing) within structure to the state. Ex. Canada, Australia, New Zealand, etc. - Aboriginal rights stem from right to land. Territorial and nationhood. They want recognition. 4) Categorical Rights: - Rights to people with membership in category, Not member because of culture. Examples of categories: child, adult, women. - Redress (relief from distress) against past discrimination. 1) Equality claims: right to be treated in the same was as other people. Standard treatment 2) Equivalency: rights that are temporary that are trying to redress equal distribution. 3) Compensatory: claims for permanent, ongoing programs. To equalize programs for various populations. ...read more.

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