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International law - Human Rights.doc

3 Pages

Law and Society
Course Code
LWSO 203
Marywyatt Sindlinger

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International Human Rights 1) Hunan Rights: Introduction a) Purpose of Human rights law: to limit the actions of the state in relation to the individual in order to protect fundamental human rights -state to state relationships, not indiv. human rights -only domestic protection (within country) -no international method of enforcing human rights b) Overlap between International HR law and morality and concepts of freedom and justice and peace -repetition of idea of natural law “inherent & inalienable rights” -legal equality & moral equality -human rights are basis of society as a whole (starts with the indiv. and flows to rest, rather than the other way around) c) Universal aspects vs. cultural relativism -Not a universal viewpoint -Universal: generally accepted by all e.g. right to life, prohibition of torture (use & the fruits) & genocide d) Historical impetus for protection of HR – WWII **Declaration of Human rights: i) Right to life, liberty and security of the person (negative right) ii) Right to a name, identity & nationality iii) Right to marry or not marry iv) Right to religious & spiritual beliefs; right to not be discriminated against because of these v) Right to pursue a livelihood -all rights in dec are NEGATIVE rights i.e. nobody has to provide them for you > IDEALLY should be positive rights -Dec. has no legal obligations on/b.w countries > only way to make binding legal obligations b/w countries in intl. law is for them to voluntarily agree to the legal obligations >countries can voluntarily submit reports on their human rights behaviours to UN -urges states to implement legislation domestically which enforces these beliefs , & b/w countries -statement of agreement in principles listed, human rights deserve protection 2) Substance of HR at international law a) 1948 Universal Declaration of Human Rights -led to 1982 CCRF in Canada 3) “Generations” of Human rights a) First generation rights: i)
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