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Development and Human Rights

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McGill University
International Development
INTD 200
Karen Mc Allister

Development and Human Rights - Can we have development w/out recog of human rights? - S/govs, academics, commentators, yes we can H: UNDP no, you can’t (debate) - Are human rights + democracy an obstacle of development? - Minority of commentators, yes they are H: majority  essential to devel - What is significance to rights based sys of devel? - How are human rights defined, what is the scope of human rights? - How are human rights different fr/legal, civil, constit rights? - Human rights: attached to e/human being by fact of his/her existence - Inherent to e/person by very fact they are alive no matter race/nationality/gender/ability/etc - B/c they are inherent, can’t be given/taken away  UN can recognize (legally) your human rights, but they can’t be granted/taken away  Can be ignored/abused as they are in many nats/govs - Once they are legis can become legal/civil/constit rights - Legal + civil rights that are not human rights - Ex: right to purchase a firearm, right to set up business + incorp it - Doctrine of Human Rights - 1st promo by philosophers, theologians, poli scis  Emmanuel Kant, Rousseau, Voltaire, H.G. Wells… - Started as philosophical proposition  Slowly started to be recog by states (H: rarely as universal applications)  Magna Carta 1215, Treaty Westphalia 1648, Bill of Rights 1688 (Eng)  1 great state recog Am Decl Independence 1776, Fr Decl Rights of Man and Citizen 1789 - After atrocities WWII, drafters of UN Charter inclu in preamble: - Should be recog of human rights  Purposes of UN promo + encouraging respect human rights + fundamental freedoms for all - Principles inserted into UN Charter b/c to maintain peace + prevent war, realized must have respect for human rights + development  3 main pillars of UN Charter:  Prevention of war  Building of peace  Respect for human rights + econ/social devel - Following est UN + Charter, led to est UN Commission on Human Rights - Draft Universal Decl of Human Rights finished + approved by UN 1948 - Imp landmark in human history  Adopted by many states diff cultures, religs, races, poli sys etc - Revolutionary development in international relations + law - 1 time in whole world recog certain rights belong all human beings, have certain basic rights st - 1 time instru internat law recog + gave high priority to individ rights as opposed to state rights  Up until that time, most internat treaties dealt w/relations b/w 1 state + another - 1 time signif recog of econ, soc, cultural rights (articles 22 – 27)  Neither Am Decl Indepen/Fr Decl dealt with these rights (only civil + poli rights)  Insertion into Decl came about as result of pressure by 3 world + southern nats  Wouldn’t agree to Decl that only contained civil + poli rights - Final vote Dec 10, 1948 - Recognized as Human Rights day all over the world - Vote 48 in favour, none against, 8 abstentions  8 abstentions, Soviet Bloc (6), Saudi Arabia, South Africa - S/states objected to Decl b/c no mention of God (Christian + Muslim nats) - New Labour gov of UK objected on provisions of freedom of association b/c those would interfere w/policies of closed + union shop - Provision all human beings created free + equal  South Africa disagreed - Soviet nats objected to Decl b/c provisions directed principally @govs  Yes: greatest abuses of human rights are made by govs to their citizens - Econ, soc, cultural rights  Northern states had hard time recog certain things as econ/soc/cul rights  S bloc nats convinced these nats that these rights just as imp as civil/poli rights  Both agreed that both sets of rights were demanded + beneficial to N + S - Articles 1 – 20 = civil + poli rights - Article 17: e/1 right to own property alone + w/assoc w/others  Controversial article: many nats objected this article b/c felt interfere right to expropriation by a state/for public, environmental laws - Article 21: basic condits for democ - Article 29: e/1 has duties to community - Articles 29
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