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Intd200 Lecture notes on Human Rights lecture 1-2.docx

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International Development
INTD 200
Warren Allmand

I) DEVELOPMENT AND HUMAN RIGHTS  Can we have a development without a recognition of Human Rights?  Can we have Human Rights without any development?  Are Human Rights and Democracy an obstacle to development?  Or are Human Rights and Democracy essential elements for development?  What are the significance to a Right based development system? Most of the Authorities say that we need both democracy and human Rights for development. To be able to answer those questions, we have to determine first :  How are Human rights defined  What is the preview or the scope of Human Rights  What are the specific rights included under a general umbrella term such as HUMAN RIGHTS  How are Human Rights different from Civil Rights, Constitutional Rights, and Legal Rights--->Human Rights' DOCTRINE :  are those rights that attached to the human being by the fact of his or her EXISTANCE,  There are inherent to every person by the very fact that they are alive no matter what the race, color, nationality, language, gender, intelleigence,ability or disability, no matter where they were born, what country they're from,what continent they come from, what political system they are in,  Human rights are UNIVERSAL and apply to all mankind, and because they are inherent, and this is important, they can't be given nor can they be taken away BUT they can be RECOGNIZED (in law, in politicy)+ They can be NOT recognized or they can be ABUSED but that's different from the not existing. Human Rights can become Civil Rights or Constitutional Rights or Legal rights if they are legislated by a State or if they are put in an international Convention in the United Nation: if they are are recognized, they become Conventional Rights, or they become Civil Rights but they are being Recognize,d they are NOT BEING CREATED by that practice. Plus, we have to recognize that not all LEGAL AND CONSTITUTIONAL Rights are Civil Rights or Human Rights (For example: in some juridictions, you have the right to purchase and bear fire arms but that's NOT a Human Rights, or in some juridictions, you can turn right on a red light, which is a right in law but it is NOT a human Right) That is the Doctrine of Human Rights, and it is important to understand that because in the application of Human Rights in certain countries say that we are going to take away certain rights and they legislate against them in fact what they're doing is not recognizing them or abusing them but they're not taking away the rights of those people no matter what the jurisdiction is, occording to the Doctrine of Human Rights. Now that Doctrine of Human Rights, that is a doctrine of Inherency, Universality, was first promoted by PHYSOLOSOPHERS, THEOLOG..?, JURISTS, political scientists such people as Emmanuel Kamp, Hugo Grosias, Jean Jacques Rousseau,…(10:20) etc… = through History, people who put forward this idea that all Humanity had certain BASIC RIGHTS and that for a long period of time, and these rights were gradually recognized in certain individual countries but where never thought of as applying to the whole world, for example, we have the French Declaration of the Rights of Men and the Citizen of 1789 where for France only, they never thought of applying this declaration elsewhere in the world than in theit own country, then we have the American Declaration of Independance Bill of Rights in 1776 is the same thing Eg. Apply to the US only, etc… But it was only in the aftermath of the Second World War, with its horrible atrocities, that we had the drafting of the UN's Universal Declaration of Human Rights started and which stated in the preambule as based on the Charter of the United Nations itself ( which's first 3 basic principles are : a) Peace and Security, b) to Provide development in those countries where they were under-development, and thus remove the cause of conflict, aggression and war there, c) the 3rd pillar, is RECOGNITION OF HUMAN RIGHTS.) Article 1 (subsection 3): the purposes of the United Nations are: To achieve international cooperation and solving international problems of economic, social, cultural or humanitarian character (= the development side) and PROMOTING AND ENCOURAGING respect for Human Rights and for fundamental freedoms for all without distinction as to race, sex, language or religion. Articles 55, 62, 68 are all interdependant (all looking to support the 3 pillars) Peace, Development and Human Rights all go together, we can't pursue only one,they are interdependant: thus we have to deal with them all at the same time and that is the goal of the United Nations. Now in Article 68 the right to supply commissions, is just like a tool to help to support the United Nations' word (3pillars)( asked by the ECOSONi.e.Commission on Human Rights in 1945 and the first task given to the Commission on the Human Rights was to draft the HR declaration which then became the Universal Declaration of Human Rights (commission started in 1945 and they completed their work in 1948 when the UNDHR was approved) Eleonor Roosevelt, who was one of the principal parties on the UN commission that drafted the UNDHR declared the Universal Declaration of Human Rights as the Magna Carta for all mankind. (many scholars from all over the world participated in the elaboration the declaration of Human Rights). John Humphrey (from Canada) who was also here at Mcgill was also one of the key persons in this project. It was generally recognized that the UNDHR was an outstanding achievement, a very important landmark in Human History, and if you it, it is hard to believe that such a declaration was universally adopted by so many states of different cultures, religions, races, and political systems, and it probably couldnt be done today, because of the policial and historical context of the second world war (tragedy, horro, atrocities, barbarism, etc…) The UNDHR was not only an ouststanding achievement of standing norms of behaviours to the whole world with respect to the human being, but it was also a revolutionary development in international relations and international law on 3 grounds: 1. It was the first time in History that the whole world recognized that certain rights belong to all human beings in the world 2. It was the first time that an Instrument in International Law (btw we call Treaties, Conventions, Declarations= Instruments) recognized and gave a high Priority to Individual rights as opposed to State Rights (before that time most of the conventions were dealing with problems betwen states, even the UN Charter was about trying to make all the States coming together to form the UN in seek of Peace and Security and also for economic reasons etc…) 3. It was the first time that there was a significant recognition of economic, social and cultural rights (which were not mentioned in any of the European, American, Canadian -1982- Charter Bills of rights) example articles 1 to 25(21:40) The vote in the UN in 1948 was 48 votes for, no votes against but there was 8 abstentions(6 from the soviet countries, 1 from South Africa, and 1 from Saudi Arabia) so the UNDHR was not adopted easily. Some complaints were that there was no mention of god in the declarations, others like the British Goverment (with the labor government of England at that time) were opposed to some rights in the declarations like the freedom to association which meant that you have the right to join an union or not join a union etc…, South Africa was opposed to the fact that all Human beings were all equal because they viewed that some races were better than other races and they obstained to vote, and the Soviet countries said that the UNDHR was directed only at goverments and that it should not be directed principally at governements. And John Humphrey, our Canadian representative said that of course it was directed to goverments because they are those who control the society that chosed a way to protect the people. And finally there was a lot of difficulty from the Western Governement to accepting in the first place the economic, the social and cultural rights wich were in the contrary promoted by the GlobalSouth, the Third-World countries, --->Arguments that the UNDHR is a Western document:  False since representative from all over the world assisted the drafting/creation of the declaration  Within the 48 votes in favor of the Declaration, 20 from Latin American Countries, 13 from African/Asia/Middle East and 15 from the Western Countries. Another Notion in the Human Rights Doctrine is that not all rights are LIMITED: Some People believe that for example the right of freedom of expression, or the right of freedom of association is unlimited, it's not, it's limited, there are some limitiations: in the UNDHR, it says in Article 21 subsection 2 that in the exercicse of right of freedom, everyone should be subject to only such limitations as are determined by law, solely for the purpose of securing recognition and respect for the rights of freedom of others and of meeting the just requirements or morality, public orfer and the general welfare in a democratic society, for example you have no right to slanding, tarnish, etc… somebody's reputation to the name of the freedom of expresssion+ limitiation in the way that it is going to overlap and destroy another right, or somebody else's right, etc, there has to be some balance to a certain extend. All this is the subject of the main debate in the application of the declaration= WHERE TO DRAW THE LIMITS. But some rights do have no limitations, for example the right to be free from torture. +Universal acceptance of the idea of inherent universal human rights, then come what about what is beyond that list of human rights which is the cause of a lot of dicussions and disagreements, and every body will more or less agree that they have the right to life and nobody would object to that, but then comes the question of capital punishment, abortion, youth in Asia and such issues, but there were others issues and discussions as to what should be on that list--> there are already 30 articles (1948) that were addressing the issues that should be on the list, and
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