PSCI 2601 Lecture Notes - Lecture 10: Human Rights Day, International Security, Universal Declaration Of Human Rights
10 Oct 2018
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Lecture 10 (June 5, 2017)
Human Rights
o Human rights are a special class of rights – the rights that one has simply because
one is a human being – the rights more fundamental to living a life of human
dignity
o Entitled to be treated in a particular manner, which means that others must do or
not do something
o Human rights are fundamental entitlements of persons, constituting means to the
end of minimal human dignity or social justice
o Human rights says there are certain rights above the sovereignty of states
o There is a tension between sovereignty and human rights
o When states are the agents granting our rights, they are also the agents that take
away our rights
▪ taking away right to freedom of assembly
▪ where do you appeal to when your own state is violating the rights that are
guaranteed to you as you are a human
Human Rights and Globalization
o Human rights are an ideal example, illustration of globalization
o A movement from the domestic realm to the global
o A global human rights regime: standard setting, monitoring, compliance and
enforcement
o A lot of the human rights that came about were results of treaties
o International security requires respect for an individual’s human rights
o Human rights is built upon precedents as it improves as times change due to
multiple events
Standard Setting – where do Human Rights come from?
o Natural law: there are certain universal moral principles that exist which are
discoverable through the use of reason and which there is a duty to adhere to these
principles
o Liberal position on rights
▪ Human beings possess rights to life, liberty, property that are inalienable
(also economic and social rights)
▪ Why do we create government? The primary function of government is to
protect these rights (mentioned in last bullet point)
UN and International Law
o Human Rights mentioned in the UN Charter: Articles 1 (3), 55 and 56
o Universal Declaration of Human Rights (1948)
o Adopted by the General Assembly on December 10, 1948 (global Human Rights
Day) without a negative vote (8 abstentions – USSR and its allies, Saudi Arabia,
and South Africa and today Saudi Arabia is the only abstention)
o It represents the first comprehensive agreement among nations as to the specific
rights and freedoms of all human beings
Types of Rights
o First-Generation Negative Rights
▪ civil and political rights that seek to prevent public authority from
interfering with the private person in civil society
o Second Generation Positive Rights
▪ social, economic, and cultural rights that obligate a public authority to take
positive steps to ensure minimal food, shelter, and health care
o Third Generation Solidarity Rights
▪ rights that pertain to collections of persons or groups rather than merely to
individuals
o It is often argued that Canada has a higher appreciation for second generation
rights
The International Bill of Human Rights
o UDHR (1948)
o Convention of Civil and Political Rights (1976)
o Convention on Economic, Social and Cultural Rights (1966)
▪ The combination of all these three treaties makes up the International Bill
of Human Rights
▪ This is an example of standard setting in which they set the minimum
standard of what states need to abide by
o It encompasses first, second, and third generation rights
Subsequent Treaties
o Convention of Civil and Political Rights (1976)
o Convention on Economic social and Cultural Rights (1966)
o Convention on the Prevention and Punishment of the Crime of Genocide
(December 9, 1948)
▪ States must participate in an effort to stop/prevent genocides
▪ This is why the USA was reluctant to use the term genocide in the case of
Rwanda just because the acknowledgment would mean that they would
have to get involved
Multilateral Implementation
o How do you implement/enforce human rights when there is no world
government? States implement it
o In 2006, the commission for human rights became the Human Rights Council.
This is the main body of the United Nations that implements human rights. 54
states serve on this Council (some of the greatest violators of human rights are on
the human rights council
o Most conventions include Supervisory Committees of experts; they receive and
review state reports on compliance
▪ There is nothing that can be done even when states do not comply to the
terms they have agreed to
▪ There is no penalty when these countries submit reports
Document Summary
The primary function of government is to protect these rights (mentioned in last bullet point) Un and international law: human rights mentioned in the un charter: articles 1 (3), 55 and 56, universal declaration of human rights (1948, adopted by the general assembly on december 10, 1948 (global human rights. Rwanda just because the acknowledgment would mean that they would have to get involved. States implement it: in 2006, the commission for human rights became the human rights council. This is the main body of the united nations that implements human rights. Bilateral diplomacy and ngos: human rights diplomacy and foreign policy (cw diplomacy during d tente . Helsinki accords 1975, jimmy carter: tiananmen massacre 1989, 9/11 and american war on terror, ngos and their work in exposing human rights violations, providing important information, public awareness campaigns, lobbying, shaming. Enforcement: international criminal court, deals with genocide, war crimes, and crimes against humanity.
