• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

International Human Rights: The Framework.

Extracts from this document...

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.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Human Rights - Asylum Seekers.

    A little over 9,000 people have sought asylum in Australia in the last year, some with documentation, and others without.

  2. unit6 end of unit assignment civil litigation

    The property thus charged can be disposed of ultimately in order to settle the judgment debt. * Appointment of a receiver where the debtor will be in receipt of income which cannot be attached conveniently by the usual methods of execution (e.g.

  1. Human Rights

    Amendment Act 1994. The "CST" Act was enacted to implement CROC Article 34 into Australian law. Although the s****l exploitation of children was already an offence under State criminal law, the CST Act was the first Australian statute to specifically address child s*x tourism and prostitution.

  2. "Public policy has been slow to treat disability as a matter of equality, human ...

    In conjunction to his argument, in which, Oliver criticises the small scale investments, catering to the needs of individuals, emptying out the State's kitty, in the absence of money instead being put towards large scale projects for the benefit of a wider range of disabled individuals.

  1. Can the Islamic approach to Human Rights be compatible withthe current International Human Rights ...

    the community and that everyone shall be subject only to such limitations as are determined by law (United Nations, 1998). To draw the specific attention to the women's rights context, we may quote the preamble of the Universal Declaration of Human Rights which implies the equality both women and men'

  2. Explain the 'Categorical Imperative'

    (Notice that this is not the case of finding yourself incapable of keeping a promise originally made in good faith, which would require a different analysis.) The maxim of this action would be that it is permissible to borrow money under false pretenses if you really need it.

  1. How has the European Court of Human Rights contributed to the protection of children's ...

    girl in the latter case against her parents, hence decision in her favour. Consequently, the strength of child's own private life as against parents and states' Art. 8(1), (2) right seems uncertain. A similar pair of contrasting cases is Koniarska v.

  2. Should people have a right to privacy?

    A general definition of the right of publicity is every individual has the right to have power over any marketable use of his or her name, image, likeness, or other features of identity, limited (under U.S. law) by the First Amendment which therefore means that the US have a stricter system regarding privacy.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work