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Eleanor Pontoriero

Wangari Maathai- RR#4b Amartya Sen  She won the nobel peace prize in 2004 for her contribution to sustainable  Indian, Harvard Economist and Philosopher development, democracy and peace.  While Asian Values represents some good ideas to align a diverse demographic to work for the greater good, in practice it still has been  She has taken a holistic approach to sustainable development that advocates democracy, human rights and women rights. largely less effective and facilitated uneven development. This said it is  Wangari Mathaai is a Kenyan feminist environmental activist who another example of not taking a theory like human rights or asian values at its current state. Much change is needed. founded the Green Belt Movement in 1977.  The Green Belt movement was founded in 1977 with the purpose to  Spoke to the idea of rights only being possessed when correlated duties counter the subjugation of women, deforestation issues as well as the are imposed  Kants ―perfect obligation‖, ― specific duty of a particular agent for the demoralization of rural people under the corrupted colonial Kenyan realization of that right". government.  The movement started off with tree planting that is believed to be the  Clarifying the difference between legal and moral rights ―it is best to see human rights as a set of ethical claims, which must not be identified with solution for the then environmental problem faced. legislated legal rights‖  Green Belt Movement, however, is not just about saving the environment. The movement was also a means to transform lives of Kenyan women  That exclusive allegiance to humanity is unlikely, one must have in mind who has been socially and economically exploited. people primary allegiances will lie in a different primary (family, country) and should appeal to those ideas  Green Belt movement provides income for the local community as well as source of clean water, employments and education.  Mentioned in ―HUMAN RIGHTS AND LAW, BETWEEN SUFFERANCE AND INSUFFERABILITY, ―Mahoney Chapter 3: Clarifying Human Rights‖, ―Mahoney Chapter 5: Globalizing of human Amartya Sen rights‖  Indian Harvard economist and philosopher. Ethic of care  In considering the idea of "Asian values," Sen observed that the term "Asia" covers a vast heterogeneous region, which has been subject to very Ethic of care is a normative ethical theory (a theory about what makes actions right uneven development and very late economic progress. This made one or wrong and this was developed by feminists in the second half of the 20 century. wonder, he commented, why it took Asian values so long to provide their present rich economic fruits; and he concluded that to speak simply of Ethic of care emphasize the importance of relationships and believe that all individuals are interdependent for achieving their interests and that it‘s necessary to Asian values is an unhelpful stereotyping and an indulgence in over- attend to the contextual details of the situation in order to safeguard and promote generalization. In a later treatment of the subject Sen provided a detailed examination of sources from various Asian religions and cultures, the actual specific interests of those involved. including the Confucian, Buddhist, Hindu, and Muslim, to explode the This terms is talked about in the context of Indian ecofeminist Aruna Gnanadason claimed existence and authority of "Asian values" and to conclude that "the modern advocates of the authoritarian view of 'Asian values' base and western neocolonialism that has impoverished the rural people in India. She their readings on very arbitrary interpretations and extremely narrow talks about the details of the history of ecocide and impoverishment of the indian people and land during the years of British colonialism, followed by independent selections of authors and traditions". governments that have adopted the neoliberal model of industrialism and  Famous for saying: "It is best to see human rights as a set of ethical claims, which must not be identified with legislated legal rights" integration into global capitalism. She also draws on the stories of resistance and struggles for alternative ways of survival among indigenous women as well as national and global networks of women. Ethic of care is 1 of the 2 defining themes from indian tradition that she talks about. She seeks to reclaim the theme of were observed in post colonial areas in which a revival in religion was taking place. ‗motherhood‘ as an ethic of care, citing the way that indigenous women and men Timeframe was roughly from the 1980s and onward. Haynes discusses de- refer to the earth as mother who sustains and selflessly serves us, her children. secularization in his article, typically referring to the developing world or the non Gnanadason recognizes the ambiguity of the theme of motherhood in a patriarchal western world, and is based on 6 interrelated developments: failure of society, such as Indian, in which the maternal ethic of care has been exploited to modernization, disillusionment with secular nationalism, inadequacy of state make women longer suffering victims of service to their men and children, without legitimacy, political oppression and incomplete formation of a national identity, any rights to self-development. But she also seeks to liberate this theme of maternal widespread socio-economic imbalance, and finally an erosion of traditional care from its subjugation and exploitation and to vindicate its potential to express morality and values. resistance to exploitation of the family and the earth and militant struggle to survive against all odds. Theo Van Boven: Theo Van Boven was appointed director of the United Nations' Division for Human Rights. From 1986 to 1991, he was the UN's Special Empathy- “Global Ethics and Human Rights: A Reflection” Sumner B Twiss Ref pg. 207 Rapporteur on the Right to Reparation to Victims of Gross Violations of Human Rights and, from 2001 to 2004, Special Rapporteur on Torture.  From the passage below it is quite evident that one must show empathy for others so that we do not commit crimes against their own human dignity. Theo van Boven To be empathetic means that we understand what another human being is going through.  Mentioned in: ―25th Anniversary Commemoration of the adoption of the 1981 UN Declaration on the elimination of intolerance and discrimination based on All known moral traditions imbed some version of the Golden Rule (whether religion or belief – A Report‖ positively or negatively formulated), the operation of which is based on reciprocal  Said in 1981 that there was not a need to add a convention on religious thinking, empathy, enlightened self-interest, and some notion of moral autonomy- tolerance, and that at the moment it is preferable to concentrate on the which is used to facilitate cooperation not only within their respective societies but implementation and possible strengthening of the existing mechanisms. also between members of their societies and strangers. In the latter regard, many (if  Professor Theo van Boven, Professor Emeritus of International Law, not all) moral traditions also imbed notions of hospitality toward non- threatening Maastrichr University. strangers. So there is a propensity in such traditions to expand the morality of their societies beyond simply the in group-- this is a propensity, not a hard and fast rule. We also regularly encounter both within and across societies and traditions- Cultural Relativism: Cultural Relativism is a concept which describes the relation especially in this world of telecommunications-fundamentally similar moral between a person and the civilization in which they are living in. The term holds responses (emotions) of indignation or resentment at perceived unjust treatment of non-proximate others and of empathy, sympathy, or compassion for such others that culture is not something that is an absolute, is it not the same everywhere therefore it is relative. Due to this fact it follows that ideas and conceptions are true when they are treated badly or are suffering (as we ourselves would like not to only so far as they relate to and are exercised in the specific area. This view holds suffer or be so treated). that all beliefs, customs, and ethics are relative to the individual within their own th social context. Cultural Relativism holds great importance in discussions of a Luke 10:20-37: Luke 10 is referring to the 10 chapter from the Gospel of Luke in common Human Rights initiative as tension can build between universal values and the New Testament of the Bible. The verses from 20 to 27 make reference to the cultural differences. Ayton-Shenker writes in his paper the challenges between parable of the Good Samaritan. The parable is told by Jesus and describes the story human rights and cultural diversity explaining that cultural differences cannot be an of a traveller who is beaten and left for his death on the side of a road. Two excuse for overriding human rights. different people pass the man and avoid him continuing on their journeys. Eventually a Samaritan finds the man and stops to help him. Jesus uses this story to make reference in a positive light to the idea of a neighbour and that one should be Social justice This is a concept based on the idea that every human being is entitled to basic good to their neighbour. human rights just because they are human. Every human is born equal and in the ideal world each person should be treated this way. However external factors prevent this from happening. The world‘s resources are distributed unequally De-Secularization: De-secularization (also referred to as religious revivalism is a around the world so that some people, such as those living in North America have trend which describes a move away from the privatization of religion. Such moves more access to resources than those living in Africa. This creates inequality as different standards of living emerge between these two geographical locations. countries can stabilize and support themselves, only then care they able to help the Social Justice is the idea of reorganizing the world resources so that each person international community combat problems. This makes de-colonization an has equal access to resources and can lead the same standard of life. The aim is to important process in the human rights movement. Countries under the colonial rule create the conditions for ―equality of opportunity‖. This is a concept that the United are often deprived of basic human rights by their government because the Nations is working towards so that each person can have access to the rights they government holds the well being of their mother country above that of the are entitled to when they are born. colonized country. Through the process of decolonization colonized countries can Social Justice is an important step in the creation of a global ethic. The global ethic gain control of themselves and receive the treatment that each human being is an agreed upon list of human rights that each person in the world should have. deserves. However this global ethic can only be met if all countries have equal resources. The United Nations Violence The United Nations is an international organization founded in 1945 following the The World Health Organization definition of violence: ―intentional use of physical tragic violence of World War 2. The group of nations banned together with the force or power, threatened or actual against a person, group or community that common goal of preventing this type of atrocity from ever happening again. Their either results in or has a high likelihood of resulting in injury, death, psychological aim is to ―endorse a program of universal human rights‖. The United Nations harm, maldevelopment or deprivation‖. These types of actions are recorded all over Charter states that the goal of the UN is to ―reaffirm faith in the dignity and worth the world, to all groups of people. One major concern of the United Nations is the of the human person, in the equal rights of men and women and of nations large violence that women face both domestically and publicly. Violence against another and small (pg .42 Mahoney Chapter 2). Overall the United Nations promotes, human being is a violation of their basic human rights. This is a universal human rights, social and economic development, environmental sustainability and agreement around the world. In fact the violence of World War 2 was so awful that works to maintain world peace. The UN is divided into various committees and it is what spurred the world to form the United Nations. The United Nations councils that focus on a specific area of concern in the world, for example the became a group devoted to preventing this type of violence from ever repeating Economic and Social Council. In addition the UN holds various conferences where itself. all member states meet to discuss prevalent issues and develop global strategies to Violence is not accepted, although some countries believe that their use of violence combat these issues. is more important than others. Violence will be used by governments in order to In these ways the UN serves as a collective body that brings countries together. It combat other injustices or to retaliate against violence from other countries. For can then publicize global issues that require international cooperation in order to example after the September 11, 2001 terrorist attacks against the World Trade solve. The UN has been vital in promoting human rights and drawing attention to Centre in the United States, the U.S responded by invading Iraq. In the years since human rights violations that otherwise would have gone unnoticed. Through then the U.S troops have remained stationed in Iraq and little has been international cooperation they have developed strategies to fight poverty including accomplished. The only thing to see is the dramatic loss of life of both Americans the millennium goals and micro financing, spearheaded the campaign for women‘s and Iraqis. Instead violence creates a cyclical pattern of death and destruction rights and brought attention to the importance of maintaining the Earth so that where the ends do not justify the means. Ghandi always advocated non-violence humans can continue to live sustainably for years to come. While the UN has yet to saying that this is the only time that the ends can justify the means. He felt that completely abolish any of the world‘s major problems, they are devoted to violence will always end in more violence as demonstrated in the conflict between improving these problems. One setback is that the UN is not a legislative body and the U.S and Iraq. The United Nations tries to advocate non-violence in their quest therefore each of the strategies it devises can only be seen as suggestions or to maintain peace and promote human rights. guidelines. Countries do not have to abide by the United Nations protocols, although they are encouraged to. De-colonization This is the process of one nation breaking free from colonization and gaining natural rights national control of their own nation state. This involves a nation that has been ruled -differing from legal rights, these are the inalienable rights that human beings for years by a colonial‘s government, gaining independence. Because they have possess regardless of the laws that in the country/time period they reside in. In been under colonial rule for so long many nations are left in desolated states and some cases these are seen as rights coming from a religious deity forced to start at square one to create a self-sustaining government instead of one -They are thought to come before laws that serves the interests of the ruling colonial government and their mother country. -Historically there are several ideas on the idea of natural rights The United Nations supports the process of de-colonization because they believe -The most prominent is that of John Locke, many philosophers see humans that each country has the right to self-determination. The ability to make choices entering into societies in order to secure these rights, contradicting the ideas of for themselves based on what would benefit their country most. After World War 2 Thomas Hobbes who thought that humans come apprehensively into societies and many countries sought independence through the process of decolonization If give up these rights for protection -Other theorists, like Jeremy Bentham do not believe that there can be things as of man for subjugating women and not giving them a voice; as this was unfair and natural rights as rights are related to law, if there is no law there are no rights. In still showed men as tyrants. She argued that women were not inferior, simply less the twentieth century, human rights and natural rights are considered synonymous educated. Women deserved the same rights as men and the language of declarations -rights that everyone has because of the virtue of their humanity, not should be changed to be inclusive. (Chapter one of Mahoney, history of human rights) because of any metaphysical reason. (Chapter three of Mahoney, 80-85) Individualism Individual -(to be looked at with Individualism): one unique person - focusing on what separates people from each other, stresses the moral worth of one individual. Individual focuses more on what makes everyone uniquely different, while person is people communicating with each other and working in a  the UN human rights declaration has to do with an individual within society community -In the third chapter of Mahoney, there is a move to stop talking about individuals and start talking about people, who are individuals within -Individualism can be dangerous if too much is focused on one individual‘s rights society against the needs of the entire society -how people relate to other people, not just a person in a vacuum  -Everyone has moral rights that have to be respected by every other person -this is the critique of human rights from some countries is that it is brought about  -First generation rights are considered rights of the individual and the by Western liberal individualism (started in the 17th century) and ignores the states duty to history and cultures of other societies  protect these rights; these are things like the right to life (Mahoney 98- 104) -they use this card to trump human rights, by saying that they are not historically in keeping with their society. Our teacher does not think that this is a good excuse Melalini Trask Duty - (Jain article) A Hawaiian political activist, she supports the rights of indigenous - A duty can be seen as responsibilities. You cannot have rights without other people and works with the UN. The rights of a group of peoples would be third people/groups having duties. In order to ensure your rights there is a duty upon the generation rights. She helped draft the NGO declaration (pg 144 jain article) during state to uphold it. Individuals also get duty from the UN declaration of human the Beijing world conference of women. She brought her own life experience and rights with article 29: everyone has duties towards the community. It is the belief system to the declaration, especially regarding indigenous women. There are individuals duty to respect the rights of other individuals as well and to make sure levels of inequality of women depending on their class, race, or community. She that your rights do not overstep anyone else's rights spoke against globalization and trade liberalization and how it was a form of re- colonization. -It relates particularly to claim-rights which require a duty from someone else. The problem with the UN declaration of human rights (from O Neill?s point of view Mary Wolstonecraft 85-90 in Mahoney) is that they are not legal and they are not explicit on who is required to perform the duties so that people can have their human rights. The idea -1759-1797 During the enlightenment of the eighteenth century, the first of rights, presupposes the idea of duty: ex. if you have a right to life, others have declarations for human rights came from the American, French and English the duty not to kill you? revolutions. Wollstonecraft was an English writer and one of the first advocates of Women‘s rights. She wrote A Vindication for the Rights of Men, a reaction to Devaki Jain Edmund‘s Burke Reactions about the French Revolution -In this she advocated that there are natural rights that humans get from God and Born in Mysore India in 1933 is a feminist writer whose primary field of interest is can never be undermined and wanted republicanism -After this she wrote her most famous work A Vindication for the Rights of in the field of feminist economics. Women in which she argued the unjustness of the French declaration of the rights In Lessons from the UN’s Sixth Decade, 1996-2005, (from Jain Devaki‘s latest -The declaration laid the groundwork for conventions to eliminate discriminations book Women, Development and the UN) she identified the harmful effects of based on race, against women and prohibit torture, along with focusing on the unregulated globalization, which she argued contributed to a global broadening of rights for minorities, rights to development and the rights of indigenous people. inequality and poverty. Jain‘s argument was reinforced by studies that revealed -According to Stephen Ryan the main drive of the declaration was to restore and globalization as contributing to poor people having less access to economic markets defend the concept of universal rights and gender parity being absent in governments. (p. 136) Unity of means and ends: Devaki Jain argues that affirmative action programs must be put in place to help establish a foundation of gender equality in the global political sphere in order to ―It's a great mistake to believe that there is no connection between the means and help women gain global recognition as a half of humankind and eliminate the end ... The means may be likened to a seed, the end to a tree; there is just the inequality. (p.146) Jain argues that women must occupy at least one third of formal same inviolable connection between the means and the end as there is between political spaces so that they can claim formal power to directly shape public policy. the seed and the tree‖- Gandhi Devaki Jain Gandhi's insistence on the inviolability of means derived in part from man's ability to exercise control over means, but never to command results. Transitional  ―Lessons from the UN‘s Sixth Decade 1996 – 2005‖ societies in particular, an ethically responsible policy' is one that reflects a world where unintended consequences are the rule. An ends-oriented strategy like  Spoke strongly in favor of the idea that women (particularly impoverished women) are key to combating poverty. Spoke strongly of microcredit, despite criminal justice, however well-intended, falls short of the mark. The it dequalifying grants it ultimately strengthened economic independence, indivisibility of means and ends also follows also from the axiom that violence, which she feels (according to research) is much more effective overall for even where seemingly justified, only leads to more violence. Hunting down combating poverty. Although she pointed out some key issues such as the male "international criminals" does not deter violence. Rather, as an example of population taking this as an opportunity to put in less work, which is pointed violence, it teaches what it would deter. Gandhi was a strong believer in the out as another issue that should be focused on. equality of importance in both the means and the ends. They are inseparable and therefore equal in importance, so the idea that the means justify the ends is rejected  She pointed out that gender inequality still exists within the developed world as women are still fighting to get into positions of decision making. (not just by Gandhi who believes this is irresponsible and often times promotes violence, the impoverished) Particularly within the UN in Jain‘s text. which is unacceptable.  ―very little attention is paid to gender equality concerns in the program budget process at the world body‖ of the UN  *From the unity of ends and means class handout  Women‘s movements have brought into greater question of ―gender‖ as Rights as Trumps: opposed to exclusively women, as gender can be used to define a persons role in a society which supercedes their biological gender in some cases, which  Basically meaning that some rights have peremptory force (insisting often leads to inequality. immediate attention).  Devaki Jain is a feminist writer who has worked mainly in the field of feminist  Also called have the right to trump, or having trumping force over a right economics. In 2006 she was awarded the Padma Bhusan, the third highest civilian award from Government of India  Rights with trumping force suggest that duties have trumping force as well  Two distinctions of rights: Prima facie rights (rights that presumptively trumps UN Declaration of Human Rights in most circumstances) and Ultima Facie rights (rights that presumptively trump in most circumstances) -Mahoney defines the UNDHR as the end result of years of debates which resulted  Page 44 in the Religion and Human Rights in the creation of a document that consist of three major sections 1) civil and political rights Sustainable Development 2) economic, social and political rights 3) importance of rights for the international order ( identifies the right to a peaceful Sustainable development as defined by the Bruntland Report in 1987, is the international order favourable to the realization of rights and freedoms. meeting of needs in the present without compromising the ability of future generations to meet their own needs. These needs are essentially the necessary Stands for The United Nations Development Fund for Women, which address on women, peace and security; shift from global to regional, women rights and resources for survival we need on a daily basis. national levels, emphasis on eliminating violence against women is agenda in  Human rights are not separate from the politics of poverty and wealth, issues social sector domain; ‗devolution of power structures‘ is agenda in political domain. Established in 1976, and it was part of United Nations development group. of environment and sustainable development.  Wangari Maathai made contributions to sustainable development making her Negative rights: in humans rights it‘s when liberties impose a duty on others, win the noble peace prize in 2004 namely, not to interfere as claims. Negative rights emphasize non-interference and  Associated with third generation rights not to be hindered by others and also my right to act, and understood as negative  1993 UN Commission on Sustainable Development, talks about working rights of freedom. It‘s a synonym to political, and civil rights. towards a sustainable future. Hilary Charlesworth: Religious revivalism- the main trend at the end of the cold war era. In countries where there‘s a post colonialist history, this is to foster national identity in the de- Is a pioneer in feminist international law, she is a legal scholar who wrote about the colonization era and to return to an authentic identity. It is related to 3rd gen rights. almost perfect absence of women from senior levels of decision-making within the United Nations." Efforts to change this situation have proceeded over the decades, We see this trend, according to Haynes, whenever some form of secularization has but the rate of progress has been glacial, as Charlesworth puts it failed in a nation or culture. They then turn back to religion and descularize, in hopes that it will have the opposite effect of the failure of secularization. Hilary Charlesworth  *from Haynes, Relgion in the Post- Cold War Era  Authored ―The Human Rights Law for Religious Tradition‖ reading (5hr.pdf) Human Rights Watch- Human Rights Watch is an international non-  Makes note of the considerable amount of mention of innate rights and governmental organization that conducts research and advocacy on human rights. liberty in historical discourse. That forms of the ideas of rights largely Its headquarters are inNew York City and it has offices predate the 1945 formation of the United Nations. in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los [1]  ―International law remained largely detached from concerns of individual Angeles, Moscow, Paris, San Francisco, Tokyo,Toronto, and Washington. or group rights. The province of international law was considered to be the relationship between countries and not the relationship between country *From Human Rights in the Post Cold War era:On September 10, 2001, the and its population. The atrocities of the Holocaust before and during the New York­ and Human Rights Watch reported on the United Nations World second world war finally prompted the international community to Conference on Racism, Racial discrimination, Xenophobia, and Related formally acknowledge its concern with nation states‘ treatment of Intolerance in South Africa. They do an annual global report. The day after 9/11 individuals within their jurisdiction‖ (p 402) they responded that civilian life must be respected. They were not pleased with  Despite a scope of critical attacks, and much comparison or at least Bush‘ response to the attack . It discusses the speech Bush gave about how he is criticism from Asian Values philosophers, all 185 members of the united targeting islam, doesn‘t agree with the stance Bush took to go about the attack. A nations has signed at least 1 international human rights treaty. certain view was expressed and it wasn‘t necessarily that justice wasn‘t to be done  Says that there has been a lot of effort put forth to avoid including any but the means to attain justice was expressed in a way that would lead to human religious views (directly) in international law of human rights. rights abuses. Bush wrote ―no distinction to be made‖  the ends justifies the  Human rights law however does not ignore religion as a part of a person‘s means = logic of terrorism , unlawful and unjust means were taken by the life government, innocent people who were innocent but muslim were harmed. He  Says that human rights is appropriate to take precedence over religion – demonized an entire group Racism and human rights violations and abuse. though it is not flawless – because it offers vocabulary and structure in claims by marginalized groups can be formulated, ultimately enhancing UNIFEM: our common humanity regardless of culture as it makes way for the needs of all people.  Says that religions should make strong attempts to interpret their own human rights". He describes it as ―another movement of thought which accords religious texts in a way that facilitate the protection of human rights. central significance to the idea of community and which has recently been  Human Rights will push the importance of paying attention to political growing in political interest and appeal takes an entirely different approach to uses of claims on religious culture. the subject of human rights by locating them at the very center of an international community.‖ The idea that we are citizens of the world. Claims: *From Chapter 3 Clarifying Human Rights, Mahoney As Glendon referred to the human rights commission‘s ability ― to give the lie to claims that people with drastically opposed worldviews cannot agree upon a few French Declaration of the Rights of man and of the citizen common standards of decency‖. Human rights can be as liberties and as claims. • French jurist Karel Vasak has passed these sentiments: ―civic faith, our new world Claims can hold both ―positive rights‖ and ―negative rights‖: positive rights require religious, and our new global moral language‖ to full confession of the secular spirit of the modern human rights movement. In other words, possessing a strong others to help me and take active step to exercise my rights and negative rights on others not to prevent me to exercise my rights on others. Also, there are claims of internal coherence and comprising 3 major sections: civil, political, economics, states and the claims of cosmopolitanism, which we owe duties of justice to all the social and cultural rights persons. • French Declaration of the Rights of man and of the citizen is like universal declaration of human rights (1789), which has impact throughout the world A claim right is a right, which entails that another person has a duty to the right- • It has been called modern edition of the new testament and the magna carta of holder. Somebody else must do or refrain from doing something to or for the claim humanity • It has become a constant source of inspiration for governments, judges, national holder, such as perform a service or supply a product for him or her; that is, he or she has a claim to that service or product. legislators by recognizing the universal declaration as living documents. • It contain that all humans are born free and equal in dignity, and it apply to everyone without distinction of any kind. Natural Law…related to natural rights Originally, natural rights was different than human rights because it prexisted society. It is before and outside of the social contract which we are born into. Takes precedent over social human rights. But 1979 Convention on the Elimination of All Forms of Discrimination Against since we live in a world where we are born into this contract, natural law and rights Women have become discredited for human rights.  After Tehran, UN expanded its human rights agenda and discrimination against natural rights and their grounding in natural law or divine origin has been women received major attention challenged in contemporary discourse (both in the legal sphere as well as the UN),  In 1976 Assembly adopted a Declaration on the Elimination of Discrimination Against Women and began working on the Convention Natural LAW: is the law of human nature which natural rights comes out of. In  Convention adopted by the Assembly on December 18 1979 – came into force natural law we are all equal, so it is through our social law that we make a contract in 1981 and agreement that changes this. When we enter the social contract we abide by a  Convention recognizes that discrimination against women still exists different law because we have agreed to make compromises or such things. Natural  Commits signatories to take appropriate measures to eliminate in fields of law precedes this and is something that supposedly belongs to us outside of any education, employment, healthcare, law and family relations contract, simply by being human. However this is seemingly impossible to  Article 17 created a Committee to consider reports from the states regarding distinguish now since we are born into the social contract. implementation  [Taken from The United Nations by Stephen Ryan p35] - *From Chapter 3 Clarifying Human Rights, Mahoney 1993 Vienna World Conference on Human Rights Cosmopolitanism (originated from Kant according to Prof)- all human beings have equal moral standings. State boundaries should be relaxed like they are with capital  Tensions in the human rights system reemerged at this conference trade  this is too encourage universal HR. It advocates for a single human  170 states met to debate the UN's human rights role (no individual cases community as ideal. Mahoney uses this quote to describe its goals: A central examined) concern and goal of cosmopolitan democracy is the worldwide protection of  Major fault line between developed West and third world countries  US pushed strongly for universal rights (some Asian states wary for fear that  Felt that the theory of clash of civilizations was created to justify conflict this would be a Western attempt to impose alien values on their culture)  That war between religions has always historically been political and not  Final Document: states must promote universal respect for human rights and religious. fundamental freedoms  United States needed a new enemy after the collapse of the soviet union and picked muslims (terrorists)  Many states wanted the agenda to place importance on ―third generation‖ rights  Distinguished Human Rights Lawyer  Conference did not produce any new breakthroughs, failed to confront many of o Nobel Peace Prize Winner the UN's shortcomings with regards to human rights (observer) o Iranian  [Taken from The United Nations by Stephen Ryan p35-37]  Mentioned in Mohoney‘s Text about religious conflict and/or place in UN Beijing World Conference on Women Shirin Ebadi: Definition 2 Shirin is a former judge and human rights activist. She is the founder of the  Conference took place after 15 years of structural adjustment had affected women worldwide ―Defenders of Human Rights Center‖ in Iran. She is most well known for her  Largest UN Conference to date significant and pioneering efforts for democracy and human rights, specifically in women‘s, children‘s, and refugee rights.  Well known for its inclusion of women's NGOs – women delivered the NGO Beijing Declaration to represent their opinions  Conference both a celebration of success of women's movement and undertone  RR#2 Shirin Ebadi, "There is 'No Clash of Civilizations' of protest about the economic damage women in North/South had to cope with  Women's movement reached maturity at Beijing in its ability to accommodate Onora O‟Neill: difference, voice goals/policies for governments and UN, and speak about agenda for change Onora is a professor of philosophy, a former President of the British Academy, and  Conference a culmination of a journey that began in 1975 – represented the chaired the ―Nuffield Foundation‖. O‘Neill and the foundation wanted to contribute unity of women when faced with ―The OTHER‖ (state and unjust regimes) to improvements in society, including the expansion of education and the  [Taken from Lessons from the UN's Sixth Decade by Devaki Jain p142-145] alleviation of disadvantages, known as the ―advancement of social well-being‖. O‘Neill emphasized the importance of trust, consent and respect for autonomy in a UN Women just society. Onora O‘Neill defines basic rights in terms of basic needs such as food, shelter, clothing, clean water, sanitation, health care and she argues that these  Women within the UN struggling to move into decision-making roles basic needs for human survival are the basis for all human rights  Issue of gender equity within UN promotion practices has been ongoing  Support networks for member states have failed to nominate women for  Human Rights & Religion–SP#4 Mahoney, ‗Clarifying Human secretariat posts Rights‘  Equitable distribution of candidates from member states based on population/geography sometimes works against women candidates Onora O‟Neill definition 2  Many times UN reform agendas work against the advancement of women  Over the decades the progress has been ―glacial‖ - women did not advance to  Philosopher and Crossbench member of the House of Lords level of under-secretary-general until late 1980's  Physical security, subsistence and liberty  **Nairobi Forward-Looking Strategies** worked towards women's rights in  Defined the idea of basic human rights in terms of basic human needs the UN – recommended that more women be appointed for decision making (food, shelter, clothing, clean water and sanitation, parental and health roles – sought to ensure that women would participate on equal terms care) ―these basic needs may provide a basic for arguing for basic rights‖  [Taken from Lessons from the UN's Sixth Decade by Devaki Jain p148-151]  "basic rights" as "a shield for the defenseless against at least some of the more devastating and more common of life's threats ... everyone's minimal Shirin Ebadi Definition #1 reasonable demands upon the rest of humanity."  Notes the reluctance of states to allow law that supersedes state the gospel of good news which they preach universally to the whole society sovereignty (set in place by the Treaty of Westphalia)  Mentioned in Mahoney‘s Chapters 3 and 5  It demonstrates and teaches a lesson which can be learned from the struggle for civil rights on the parts of the world (women, South Africa) Lourdes Arizpe:  Some believe that human injustice is to find a religious rationalization in appeals to divine providence or the consequences of human sin Dr. Arizpe was a member of the World Commission on Culture and Development  Human degradation is not confused with Christian humility and and Chair of the Scientific Committee of the World Culture Report. She is devoted to granting cultural groups the right to diversity in the public sphere and allowing having higher power doesn‘t mean the domination of others, which them equal rights, known as ―cultural pluralism.‖ can‘t be compatible with Christian or human moral values Responsibility: „logic of terrorism‟ The state or fact of having a duty to deal with something or of having control over  Terrorism is often viewed as an expression of political strategy someone: women bear children and take responsibility for child care. and to obtain fear of the opponent  The goal of terrorism is to show views from a particular group • The state or fact of being accountable or to blame for something : the group has claimed responsibility for a string of murders. through acts of violence  September 11 2001: an example of terrorism Genocide: (Gearon pg.31-43) Vijaya Lakshmi Pandit  Defined as the killing of members of a group causing serious mentally or th bodily harm, deliberately inflicting conditions of life calculated to result in  An Indian political leader in the 20 century and a leader for the physical destruction of the group, actions to prevent births within women certain groups, and the transfer of children out of the group.  An active worker in the Indian nationalist movement and was  ―Convention on the Prevention and punishment of the crime of genocide‖ imprisoned 3 times by the British authorities in India is made, which made it an offence to undertake actions with the intent to  Was the first Indian women to hold a cabinet portfolio destroy in whole or part of a national ethnic group, racial group, or (government) linguistic  Leader of the Indian united Nations delegate  Sadly, the UN just recently invoked this convention against genocide,  First women to be elected as president of the UN general which caused for criticms against the UN (they may have been reluctant assembly because of having to deal with the protection of ethnic minorities)  An example: Genocide in Rwanda: The Security Council decided that Universalism months after the killings had started, that genocide had been committed. Security Council is allowed to investigate events in Rwanda since 1991 One of the characteristics of modern human rights, the idea that it is absolutely and has the power to prosecute suspects. After several years most war applicable to anyone, regardless of social status, race, gender or age. The other two criminals remain unpunished characteristic of the modern human rights being inalienable and equality. Universalism stresses on same for everyone; while Cultural relativism stresses on Proverbs 14:31 (Mahoney3, pg.102) specifics cultures, and until now, there is still a hot debate between scholars, and still couldn‘t decide which approach to adopt. .  Found in the Hebrew and Christian Bible stating that, ―those who oppress the poor insult their Maker, but those who are kind to the needy honour him‖ Modernization  The humanitarism struggle for human rights for all human beings is one that Christian churches have come to recognize lies at the heart of The shit from ―traditional‖ to ―modern‖ society, involving a fundamental change in the nature of people occupational roles and associated values. An idea of withdrawing from the public realm and to a more secular society, in which decolonization. in 1961 the UN General Assembly created the Special Committee religious issues were no longer widely deemed to be of public concern. The turning referred to popularly as the Special Committee on Decolonization, to see all nations point of modernization starts off after WWII, an emerging western idea that had the ability to realize self-determination technological development and the application of science to overcome perennial social problems. Modernization is a significant idea, as it focuses more on the Communitarianism living standard of the society; while having secularization on the hand that focuses on the • Ideology identified by Samuel Walker in America in reaction to John Rawls‘ theory of justice, which stresses the individual and their rights and the political activities of the American civil liberties union (ACLU) Green Belt Movement: • Consequence that it holds that too much attention to individual rights has is an environmental organization that was founded in 1977 under Professor neglected both needs of the larger community and the importance of individual Wangari Maathai, the organization aims to empower communities, particularly women, to conserve the environment and improve livelihoods. The importance of responsibility. the organization lies on the support on women, allowing women to work together • In British, Klug argues that there is too many rights but not enough duties in UK, and receive a small monetary token for their work, which help raises gender equality, and focus more on the needs of women. and provide an interesting description of the growing popularity and influence of this communitarianism in the British political establishment in the 1990s, and of its influence on the Labor Party's search for a "third way" in politics which would North- South stress the central role of the community ―South‖ are people who emphasizes on development; while ―North‖ are the people • O'Neill made it as a way to deal with strangers who emphasizes on environmentalism. Third generation rights—(from United Nations Stephen Ryan/ Mahoney The Non-violence Globalizing of Human Rights) ―the right to live in an unpolluted environment, which has been the basis for the o Non-violence is a committed to a principle of non-harming, especially in political action, based on the understanding that there is a unity between the ends and the ecological movements that have shaken both individual countries and the means. It was Gandhi who first discussed this unity and applied these principles international system."/ ―…The right to development, the right to peace and the right to a clean environment. Third generation rights are group rights, which include during the Indian independence movement. His method of political engagement has gone on to inspire countless others. issues around sustainable development, and the right to self-determination. It can be applied to an individual or a group of people given they share historical/political Person vulnerabilities (such as genocide and racism). Third generation rights protect people from human rights abuse. It gives the right to A person is the essential unit of the society, to whom is afforded certain natural rights and duties. The basis of human rights is that a person, regardless of any development as well as rights to women and minorities/ to protect vulnerable characteristics is worthy of a certain standard of existence. groups of people (by virtue of their religious affiliation or social status). Feminization of poverty Third generation rights also encompass the right to development of individual The feminization of poverty refers to the fact that women represent a (especially developing countries) and the right to a healthy environment at a global disproportionate percentage of the world‘s poverty. Because of socio-cultural level. reason, women often receive fewer opportunities to education, employment or decision making. Reciprocity (Twiss Global Ethics and Human Rights) Self-determination Twiss argues that all known traditions include some form of the Golden Rule ―based on reciprocal thinking, empathy, enlightened self-interest and some notion The right of nations to self-determination is the fundamental principle upon which all international law is understood. This principle is linked closely to of autonomy‖. Many traditions also include hospitality towards strangers, thus morality is also extended to strangers. Reciprocity in the moral religious sense. It‘s  Make special effort to foreground women‘s rights and include ‗traditional, the center for overlapping consensus that becomes a catalyst for a secular sphere. indigenous, and religious approaches to justice and healing‘  Principles are divided into categories of prosecution - truth-telling and historical reconstruction of past atrocities, victims‘ rights and remedies, vetting policies and sanctions for restricting the participation of past perpetrators in 1966 Covenants (International Covenants on Human Rights, one on Economic, Social and Cultural Rights and the other on Civil and Political future governments, memorialisation and education of historical memory, Rights) integration of traditional and indigenous justice norms, and institutional reform of various sectors of society and government  Other more developed and stable states as well as the international community ―…as the legal expression of the moral principles underly
ing the Universal Declaration of Human Rights, these two Covenants were seen as instruments that as a whole must bear much of the fiscal burden for initiating and sustaining these processes would encourage States to give greater impetus to their human rights  Explicit themes of relational understandings of person and community, commitments‖ cooperation among national and international agencies, and a sense of shared responsibility for reconciliation and reconstruction, and a special onus placed Committed political and civil rights on such issues as slavery, torture/ as well as on more advantaged nations to assist and support these processes social and cultural rights. It also addressed factors such as labor conditions, social security and education. Advocated for national self-determination. Taken from RR#3, Twiss, pgs. 218-220 Second Generation Rights Alliance of Civilizations  Also known as social welfare/positive rights  Reduce social inequalities and assist vulnerable members of our society  Alliance of Civilizations (AoC) is an initiative proposed by the PrimthMinister of the Government of Spain, Jose Luis Rodriguez Zapatero, at the 59 General Assembly of the United Nations in 2005 Taken from HR, Gearon  Co-sponsored by Turkish Prime Minister, Recep Tayyip Erdogan  Seeks to galvanize international action against extremism through forging of  Positive rights - require some sort of positive response from others such as to international, intercultural and inter-religious dialogue and cooperation be helped and supported in terms of social provision and welfare  Places an emphasis on defusing tensions between Western and Islamic worlds  Positive rights of participation Democracy Taken from MH, Mahoney, pg. 76  A form of government in which all eligible citizens have an equal say in the 2007 Chicago Principles decisions that affect their lives  Allows people to participate equally - either directly or through elected  2007 Chicago Principles on Post-Conflict Justice representatives - in the proposal, development, and creation of laws  A joint project spear-headed by international NGOs on human rights, global  Encompasses social, economic and cultural conditions that enable the free and equal practice of political self-determination affairs, criminal science, and penal law, assisted by a vast consultation with justice officials, law faculty, and NGOs from countries in North America,  At the end of the cold war, Francis Fukuyama elaborated a thesis known as Latin America (central and south), Europe (north, central, and eastern), and ―the end of history‖ - after victory of capitalism over communism, the world Africa (north and sub-Saharan) had entered a new and final phase in organization of societies  End of history was manifested by the social and political realization of a new,  Principles attempt to integrate criminal, compensatory, and restorative justice for post-conflict societies in a unique manner - recommending the combination collective moral consciousness - all nation states now universally accept a of reconciliation, prosecution, reparation, reconstruction, memorialisation, democratic model of governance, and that such was based upon a value education, and the advancement of healing and solidarity - all based on system of shared human rights fundamental human rights norms, both civil-political and socioeconomic  Democracy and universal human rights represented the end of ideological  Principles are specifically victim oriented, including primary victims of struggle repression/atrocity and also their families/communities Taken from HR, Gearon pg. 4 - It was also pointed out by a hong kong banker as well as Sen in the Mahoney text that values within modern and traditional Asia are constantly in conflict. Beyond  The spread of democracy and its close-corollary - market-oriented economic that the point was also made that ―no one has yet demonstrated adequately that the reforms -has been due to the processes and imperatives of globalization acting values labeled ‗Asian‘ are so very different from those long espoused in the West‖. Sen even stated a German Candian friend of his had pointed out that ―asian values‖ upon local political cultures and religions are very much like ―the protestant work ethic‖ Taken from HR, Gearon pg. 29 - Sen also pointed out that strong advocates for ‗Asian Values‖ usually tend to be  Democracy is a trait often associated with Christian political cultures - both in leaders and not oppressed peoples. That the argument that the declaration is merely the Third World and elsewhere; it is much less prominent in the Muslim world in place to press for western priorities can often be found more likely to justify the curbs placed on freedom of those they rule.  According to Fukuyama and Huntington, non-Christian political cultures in the Third World foster non-democratic political systems - Twiss pointed out that while it was true that much of the Declaration was dominated by the language of western legal tradition that the mutual agreement of Taken from HR, Gearon pg. 28 protection of values and proscription of certain acts was not simply a Western moral judgment. In fact many politicians and statesmen from asia were glad to be part of United Nations debates involved in the formulation of international Human Asian Values Debate Rights. - Asian values are discussed in chapter 3 of the Mahoney text. (p104- - An Indian delegate claimed that there is one great reality, one fundamental factor, one eternal verity, which all religions teach. - This is a set of values largely seen as the primary competitor of human rights, for the place of a set of universal human values. - Shirin Ebadi insisted that Islam and Human Rights should be compatible. - An idea was put forth by a Malaysian Prime Minister that the UN Declaration of - Dr Chan a Chinese delegate claimed that European thinking on Human Rights Human Rights should be revised to better reflect the concerns of ―developing was in fact influenced by Chinese thought. Claiming that Voltaire, Quensay, and nations‖ Diderot had been influenced by Chinese philosophy in their humanistic revolt against feudalism. For this reason among others he claimed that the final form of - ―Asian Values are different from those of the West and should be respected.‖ the Universal Declaration would be most affective in a humanization of all man (columnist in the manila chronicle) kind. - ―if we accept the concept of Asian Values, we have to deny the universality - The Vienna Convention ―made it clear that human rights – civil, cultural, of human rights.‖ (Chris Patten the outgoing govenrnor of HongKong) economic and political – are interrelated, interdependent and indivisible.‖ At the beginning of the Vienna convention the Chinese delegation had made claims that o Although the idea of revising and adding to the Universal Declaration is not a Human rights were an attempt to push a western agenda and that asian nations completely impractical idea, the idea in the statement by Chris Patten puts Asian should be excused from some of the mandates. These objections were however Values in direct opposition of the vision of universal human rights. withdrawn in the end. - Amartya Sen said that ―Asian‖ covers a vast and very diverse (heterogeneous) - Human Rights Watch dismissed the idea that there was in fact a separate ―Asian region, which has very uneven development. He concludes that ―Asian Values‖ is concept of human rights‖. Some asian leaders rebuttal was that ―Asian people an overgeneralization. Modern advocates for ―Asian Values‘ have been basing their prefer order to Freedom‖ as it was a clearer path to economic advancement. However the HRW said that at close examination most set backs in parts of Asia in arguments on a very narrow and inadequately representative selection of authors and traditions. economic growth and advancement and environmental setbacks were often largley due to suppression of freedoms of expression and association resulting in a lack of accountability of governments to their people. As a consequence ―the Asian threat countries, erodes democracy, imperils local cultures, and despoils the environment. to the universality of human rights lost its credibility.‖ Other charges are that increased multinational mobility around the world is leading to a lack of commitment by businesses to local societies which results in insecurity Globalization in labor markets, and has the destabilizing effect of encouraging social disengagement which is manifested in family and personal rootlessness, short-term - Explained partially in Human Rights and Religion, also noted as a factor in perspectives, and a taste for novelty and trivialities.‖ Chapter 5 of the Mahoney text. o ―Regular comment on the harmful effects of globalization appears on the website - HR o ―Globalization is the product of multiple ―linkages and interconnections‖ of the World Development Movement (WDM 2005); and attacks, which often between states and societies which make up the modern world system‖ appear to be as much against capitalism as such as against globalization, take the o Although global interconnections have existed for centuries. Their impact in the form of rallies and often violent demonstrations, planned on the internet, which originated at the meeting of the World Trade Organization in Seattle in 1999 and past has been comparatively minor, amounting to little more than ―trade routes or select military and naval operations'
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