SOSC 2351 Study Guide - Fall 2018, Comprehensive Midterm Notes - War Crime, Universal Declaration Of Human Rights, United Nations
12 Oct 2018
School
Department
Course
Professor
SOSC 2351
MIDTERM EXAM
STUDY GUIDE
Fall 2018
Sept 18, 2017
Lecture 2
Foundations of Human Rights CH 1 in Goodart and CH 1 in Tremblay
What are Human Rights
●Rights you have simply b/c you are human such as the right to live freely, speak your
mind and be treated equally, these rights are universal
●Total of 30 human rights: UDHR (universal declaration of human rights)
●Up until Cyrus the great, there were no human rights, he created the Cyrus cylinder
●Natural law is law that people follow naturally
●Slowly not even Kings were able to have power over people
●Roman concept of natural law had become natural rights
●Wealthy and royalty dont have more rights
●To reaffirm faith and fundamental human rights in the dignity and worth of human person
was the goal of the united nations which was created after the wars
●However we still have lack of food, lack of education, slavery protection etc..,
●Always gonna have groups that are going to be marginalized
Human Rights: Definitions
●Rights held by all humans beings by virtue of being human
●Universal, held equally by all ppl (Regardless of race, gender, class, nationality etc)
●They are inalienable (Cannot be surrendered/erased)
●They are the basis of human dignity;individual and collective self/determination
●Often enshrined in domestic/international law
●Can also be moral, even if no law guarantees them
●All legalized human rights were moral rights before they were formalized in law
Background to the UDHR
●At its 1st session in 1946, the General Assembly considered a draft Declaration of
Fundamental Human Rights and Freedoms
●Drafting Committee decided to prepare 2 documents:
○Declaration, setting forth principles of human rights
○Convention, defining specific rights and their limitations
●10 Dec 1948, the General Assembly adopted the Universal Declaration of Human Rights
as the 1st of these projected instruments
●The International Bill of Human Rights
○Universal Declaration of human rights (dec 10, 1948)
○International Covenant on Economic, Social and Cultural rights (dec 16, 1966)
○International Covenant on civil and political rights (dec 16, 1966)
find more resources at oneclass.com
find more resources at oneclass.com
Content of the UDHR
●The declaration consists of a preamble and 30 articles, setting forth the human rights and
fundamental freedoms to which all men and women, everywhere in the world, are
entitled without any discrimination
●Article 1 lays down the philosophy on which the declaration is based
○“All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one another in a
spirit of brotherhood”
●Article 2 sets out the basic principle of equality and forbids discrimination/distinction of
any kind
○“Such as race, colour, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status”
● Article 3 the 1st cornerstone of the UDHR, proclaims rights to life, liberty & security
●Introduces articles 4-21, where other civil and political rights are set out, including:
○Freedom from slavery and servitude
○Freedom from torture and cruel inhuman or degrading treatment or punishment
○Right to recognition everywhere as a person before the law
○Right to an effective judicial remedy
○Freedom from arbitrary arrest, detention or exile
○Right to a fair trial and public hearing by an independent and impartial tribunal
○Right to be presumed innocent until proven guilty
○Freedom from arbitrary interference w/ privacy, family home or correspondence;
○Freedom of movement and residence
○Right to asylum; the right to nationality
○Right to marry and to found a family;the right to own property
○Freedom of thought, conscience and religion; freedom of opinion and expression
○Right to peaceful assembly and association
○Right to take part in the gov’t of one’s country
●Article 22, the 2nd cornerstone of the UDHR, introduces articles 23-27 which set out
economic and cultural rights
●This article characterizes these rights as indispensable for human dignity and the free
development of personality
●Indicates that they are to be realized “Through national effort and international
cooperation” (i.e. limited by resources of the State)
●The economic, social and cultural rights recognizes articles 22-27 include:
○The right to social security; the right to work
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Foundations of human rights ch 1 in goodart and ch 1 in tremblay. Rights you have simply b/c you are human such as the right to live freely, speak your mind and be treated equally, these rights are universal. Total of 30 human rights: udhr (universal declaration of human rights) Up until cyrus the great, there were no human rights, he created the cyrus cylinder. Natural law is law that people follow naturally. Slowly not even kings were able to have power over people. Roman concept of natural law had become natural rights. Wealthy and royalty dont have more rights. To reaffirm faith and fundamental human rights in the dignity and worth of human person was the goal of the united nations which was created after the wars. However we still have lack of food, lack of education, slavery protection etc, Always gonna have groups that are going to be marginalized.
