HR-3210 Study Guide - Winter 2018, Comprehensive Midterm Notes - Human Rights, International Law, Canada
12 Oct 2018
School
Department
Course
Professor
HR-3210
MIDTERM EXAM
STUDY GUIDE
Fall 2018
Human Rights Institutions !
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Lecture one
Human rights is a wide topic, it means different things to different people and cultures.
Sometimes it’s establishing a positive standard of life while for others it’s a protection of violence
whether that is individual or collective.
Human Rights!
Natural VS Positive
God has given human beings certain rights which are fundamental and belong to humans
through naturalization. (Thomas Aquinas)
The only thing necessary for the triumph of evil is for good men to do nothing. (Edmund Burke)
They saw natural rights as “anarchical fallacies,” because he believed that no government can
possibly meet the standards demanded by the doctrine of natural rights. (Jeremy Bentham)
Opiate of the masses. (Karl Marx)
The Anarchists - the belief of god and religion is the reason why “state” exists, whom are the
ultimate violator of human rights. We are all global citizens. (Mikhail Bakunin & Peter Kroptokin)
This is where positive rights stemmed, we need legitimacy for our rights through documents and
other mechanisms.. Creating the concept of life, liberty and property as well as international
human rights as a whole (UDHR).
Why should human rights exist? Because we are moral beings. We have the right to
be treated with dignity. We have a right to be within reason, to have it and to question it.
These creates and reinforces another concept, autonomy which can be seen on both an
individual and collective level. This all henceforth creates an opportunity for equality.
This further produces the environment for people to connect to other needs and
capabilities.
!
!1
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!
Where do the three types of rights fit into human rights histories? Does this
create a hierarchy of needs? (John Burton)"
Negative - {Tells the state what not to do}"
Positive - {Tells the state what they need to do: Provide education}"
Group - {That human beings have individual rights for sure, yet the groups the identify
themselves with are equally as important}
Where do international human rights exist? International bill of rights, International
covenant on civil and political rights, International covenant on economic, social and
cultural rights.
“Human rights are interlinked & indivisible” - The Tehran Declaration.
Lecture two
Major sources of HR
○Charter ; Chapter seven talks about humanitarian intervention and grave
violations of human rights. When there is a violation, it influences the security
council to impose sanctions which are often economic based or intervene with
force to “preserve and protect HR.” IE: In Afghanistan when sanctions of
embargo was placed citizens were not allowed to trade arms but it also restricted
food and medication trades causing the death of thousands.
○UDHR ; Tells the state what they cannot do while at the same time enforcing
ideals of mandatory implementations. (No torture, must provide food). Some
principles of humanity which cannot be violated ever…. “JUS COGENS.”
○IBL ; freedoms altogether.. Some states believed- Thought, religion, expression
were most important while others felt economic ones were not as evil as
assumed.
Libertarianism ; the state should not provide free things, because when the government goes
into this sector ultimately the taxes will skyrocket even if you are not using the services.
!
!2
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Human rights is a wide topic, it means different things to different people and cultures. Sometimes it"s establishing a positive standard of life while for others it"s a protection of violence whether that is individual or collective. God has given human beings certain rights which are fundamental and belong to humans through naturalization. (thomas aquinas) The only thing necessary for the triumph of evil is for good men to do nothing. (edmund burke) They saw natural rights as anarchical fallacies, because he believed that no government can possibly meet the standards demanded by the doctrine of natural rights. (jeremy bentham) The anarchists - the belief of god and religion is the reason why state exists, whom are the ultimate violator of human rights. We are all global citizens. (mikhail bakunin & peter kroptokin) This is where positive rights stemmed, we need legitimacy for our rights through documents and other mechanisms
