POL340Y1 Lecture Notes - Lecture 1: Negative And Positive Rights, Arbitrary Arrest And Detention, Legal Positivism
7 Feb 2017
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Overview of the human rights system: un /regional. Substantive content of ihrl: iccpr: respect and ensure , icescr: progressive realization , limitation provisions, derogations. Concept of rights: rights vs. morality, custom, religion, source of rights? (natural law, positivism?, relationship between individuals and authority. States: primary guarantors and violators of human rights. Competing conceptions: liberty- based (common law, rights-based (civil law) Rights can be abrogated or infringed: what is privilege: it can be taken away unlike rights, what are the possible source of rights we may have: historically, the rights we have are granted to us legally. The concept of human rights is rights that inherent in capacity. The concept of rights emerged in 1800 in eu context, in political and academic social movements. The discussion developed about human rights back then as being inherent and necessary feature of us human being in society shifts over time. What are the possible reasons that we might give for individuals having human rights.
