PSCI 3634 Lecture Notes - Lecture 1: Soft Law, False Dilemma, Negative And Positive Rights

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Human rights: claim or entitlements that you have as a human being, equal to all, absolute, indisputable. Not legal rights, guaranteed by the government. Dire(cid:272)t (cid:272)halle(cid:374)ge of the po(cid:449)er of the state a(cid:374)d (cid:272)halle(cid:374)ge state so(cid:448)ereig(cid:374)ty (state does(cid:374)"t recognize authority above itself). Universal declaration of human rights- includes both types of rights, because declaration it is soft law. Customary international law: law that states long practiced, everyone agrees upon, and moved into hard law. Two separate documents: international coveneant on civil/political rights and international covnenant on economic, social cultural rights developed 1966 and 1976 they came into effect (35 states ratified) and both documents became part of international law. Self-determination at the time meant right of developing countries not to be controlled by imperial powers, end of colonization. Historically most religion has some for m of human rights. These rights were based on your status (whether man/woman, etc).

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