Class Notes (1,200,000)
CA (650,000)
York (40,000)
SOSC (3,000)
Lecture

Lecture 1 Notes are spaced out on first two pages, single spaced for rest of document!


Department
Social Science
Course Code
SOSC 1910
Professor
Dorathy Moore

Page:
of 4
AP SOSC 1210 (lecture) Wednesday,
September 16, 2009
Tutorial
Ideals we strive for in Universal Declaration of Rights
Moral guidelines only binding in states once incorporated
Human rights @ the international level:
1) background & fundamental principles:
2) individual rights @ the international level & problematic distinctions
a) political/civil rights
b) economic rights
c) social rights
3) collective rights
a) ethno-cultural & ethno-religious rights
b) right to self determination of a “peoples”
4) categorical rights
human rights try to achieve social equality & justice
UN critical to world not only peace
Eg. Steven Woods, CDN ambassador, mobilize to fight AIDS Africa
CDN citizens forward human right laws, gov’t do/don’t sometimes
Human rights viewed as country’s own policy
Targets of NAZI genocides Roma ppl, gay, lesbian, disabilities
No atroicites compared to ^
1945, int’l bill of rights developed
moral principles set down as UDHR UNIVERSAL DECLARATION OF HUMAN RIGHTS
human rights are universal, central theme – universality, to all (sex, color, nationality,
etc.)
UDHR known as int’l bill of human right 1st piece
Documents considered to constitute have to include all the following in analysis, Bill:
oUDHR adopted, 1948
oInt’l covenant on social & cultural rights
oInt’l covenant on civil & political rights
oAbolishing death penalty
Subsequent documents:
oDisabled children, women, racialized, ethno cultural & religious, refugees
oRefined, clarified, improved to protect minority b/c normal rights can’t serve
specific needs
oUN covenant try to address women have diffential access
oHuman rights understanding evolve, continue challenge, opposition
1) gov’t struggle to keep power, internal threat
2) gov’t struggle to keep power, external threat
eg. US vs. Guantanamo Bay
- rationalized US under threat by terrorists, violation of human rights
- ethnic cleansing, Rwanda, Serbia, Darfour in Sudan
- atrocities exist & current
Put human rights into own legal scheme
Human rights are declaration of norms/standards, try to incorporate into own law
Eg. Canada indigenous ppl rights, should conform to norms/principles
Human right principles should be fundamental to society
Underlying theme there’s law but doesn’t mean respected, work in spirit of int’l
covenance
Fundamental human rights of individuals are:
A) political / civil = freedom to decide = self determination
B) economic = equality = equality of opportunity & equality of result/outcome
(substantive equality)
C) social = dignity of the person = respect for each individual
**** HUMAN RIGHTS ARE INDIVISIBLE & INTERDEPENDENT CAN’T SEPARATE ****
all have same individual rights, respect others rights
human rights inalienable not earned & not absolute
some scholars use “generational” analysis view:
political rights = 1st generation
economic & social rights = 2nd generation (viewed not as important as 1st gen)
labeled as negative & positive rights
negative:
opolitical
ocivil
orequire state refrain from doing something, no cost associated w/ these rights
oargue: eg. Protest right costs the state $ even if peaceful, need police
positive:
orequire state to act or provide
oeg. Education & healthcare
oeconomic & social rights
osocial benefit: shelters, education, healthcare, not all that expensive b/c
helpful w/out costs, how do you exercise political rights?
Artificial division between political, social, economical, civil rights
Human rights are all one, none is more important than the other
human rights inalienable not earned & not absolute:
conditional on non-violation of others’ human rights, respect, social-responsibility
duty of reciprocity to others
human rights restricted emergency condition (national security)
only for a period of time (pertained for welfare for all must be justified & duration
stated)
in case of individual’s human rights violated, when demonstrated by accuse of violation
individual’s human rights
oprocess of proving requires protection @ law
oguilty of criminal charge of offense
oproven guilty, restricted to an extent
oto impose unjustified restrictions a violation of human right of violator (capital
punishment not justified, imprisonment = sufficient)
onothing more than absolutely necessary
Fundamental human rights:
Rights Violations
Political/civil Freedom/self determination Oppression
Economic Equality/opportunity & substantive Neglect
Social Dignity Diminution
* ICCPR INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
* Lieutenant Sqaure
liberty, security, privacy
right to protection from arbitrary arrest & detention
freedom of expression
speak out against gov’t
freely associate w/ others
political rights all trying to protect gov’t power from imposing restrictions on citizens,
gov’t supposed to pass legislation
economical rights are what constitute equality rights, substanding equality
human right violation constitute neglect
are societal wide & gov’t responsibility
ostandard of living aka econ. maintenance, make life bearable
oshelter, food, healthcare to sustain self & education
owork for fair wages
oform/be member of trade union
ofreedom from hunger & deprivation to social security
osafety net
oemployment insurance if econ fails, EI cut off, money employee has
invested in
equality of opportunity doesn’t mean treat all the same way of equivalent treatment?
Means REAL treatment
eg. Right to education but can’t get in if disabled b/c no wheelchair or ramps
int’l covenant:
o no matter econ system, all states obligated to provide
obut doesn’t say how high but minimum adequate standard of living
ofundamental, economic rights
respect is essential
diminution
odisrespect go to heart of humans, no matter characteristics
oright to be free from denigration
ofundamental individual human right support global unity of human
oembodiment of biological human being, common humanity shared
International Human Right
Collective Rights Individual Categorical Rights
- ethno-cultural - political
- ethno-religious rights - economical
- self determination - social