POLS1701 Lecture Notes - Lecture 10: Justiciability, Paradigm Shift
Lecture 10 - Mega-Sports Events
should human rights be the same for everyone or are they culturally dependent?
since 1980s, expansion of HR discourse
1986 - resolution on the right to development
rights-based approaches in dev. gaining prominence
rise of NGOs
overproduction of the discourse
cautioning about HR becoming an industry
HR = more than legal codification
1215 Magna Carta
1948 UNDHR
1976 - Two covenants
int. covenant on civil + political rights
int. covenant on economic, cultural and social rights
Institutional history of human rights:
institutional responses to rights claims and struggles for rights, rather than the issues
themselves and how they relate to deprivation etc.
how legal responses became codified
e.g. Convention against Torture and Int. Criminal Code were created in response to
issues, came about due to activists, people making an issue of it
dont start with legislation, understand what its responding to
the legal standard alone is not what creates HR
HR go hand in hand with struggles against denigration, persecution, deprivation, etc.
what is socially/politically feasible it not fixed, it is a result of social struggle
how did this issue generate rights claims and why?
HR concerns central to dev.
rights claims in relation to dev. may not be addressed because they are fighting
against the dominant institutions
struggles are experienced in dev. processes
find more resources at oneclass.com
find more resources at oneclass.com
HR are deeply political
is HR law always emancipatory?
Rights-based approach to dev. Lies outside the legal arena, falling in the political
realm
empowering marginalised groups, challenging oppression, changing power relations
etc.
legal changes are responses to struggles
legal changes dont always change how we relate to each other, e.g. gender equality
struggles -> movements -> law
who are HR for?
if they are for protection, they are for those who are marginalised
ought to be instruments for the most marginalised
why should they then struggle to make their claims?
who makes HR claims?
who are HR claims made against?
middle class benefit from inequalities
made against the state, mostly national context
HR claims:
claims about inequality in dev. expressed through the idiom + language of rights
Housing is a human right
thinking about HR in terms of where they come from, why are claims made, who
makes them, etc., frames them in terms of domination, oppression, etc.
need to step outside law and see how rights are politically constituted/executed
Human Rights
Rights one has by virtue of being human
Inalienable - everyone has them, cant be transferred
idea - they can be codified, and then ultimately enforced by law
law can be an instrument to protect violations of peoples wellbeing
should not assume that this solves everything - formal equality does not equal
actual equality
may not be enforced
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Lecture 10 - mega-sports events should human rights be the same for everyone or are they culturally dependent? since 1980s, expansion of hr discourse. 1986 - resolution on the (cid:1684)right to development(cid:1685) rights-based approaches in dev. gaining prominence rise of ngos (cid:1684)overproduction(cid:1685) of the discourse cautioning about hr becoming an industry. 1976 - two covenants int. covenant on civil + political rights int. covenant on economic, cultural and social rights. Institutional history of human rights: institutional responses to rights claims and struggles for rights, rather than the issues themselves and how they relate to deprivation etc. how legal responses became codified e. g. convention against torture and int. Criminal code were created in response to issues, came about due to activists, people making an issue of it don(cid:1685)t start with legislation, understand what it(cid:1685)s responding to the legal standard alone is not what creates hr.
