Unit: Human Rights

KEY GLOPO CONCEPTS: (memorize definitions) Human Rights, Justice, Liberty, Equality.

Human Rights- Are a list of fundamental rights every individual is entitled to simply for existing as a
human being regardless of their personal differences. These rights provide humans with necessities
to sustain human survival and focuses on 3 concepts: Justice, Liberty and Equality
Justice- The idea of Fairness, with individuals receiving what they deserve, and what individuals
demand of one another or their government.
Liberty- Having the freedom/autonomy to act according to one’s will;
• Positive: Individuals acting per their own will
• Negative: Acting in reaction to external coercion
Equality- All humans regardless of their differences, are of the same intrinsic value. Social equality is
a strong determinant of the level of justice.

Theories:
Universalism • Universalists argue that all peoples have a shared and common humanity which
means there can be some universal values. In human rights, universalists
believe that all humans have the same inalienable rights simply because of their
humanity. Therefore, all humans are entitled to the same rights and freedoms,
regardless of age, sex, gender or any other distinguishing characteristic.

Cultural Relativism
• Relativism is a critical theory that argues nothing is universal among humans
and that all values are created by culture. Because there is no universal
culture, there can be no universal values. As a result, each culture determines
its own values and its own idea of justice.
• Morality is subjective, and there is no objective morality. Relativists believe
it is impossible to impose a universal set of human rights on all cultures
because each culture creates its own set of morals and ideas of right and
wrong. Instead, human rights are relative to the cultures that created them
(i.e. western culture) and other cultures are entitled to their own morality.

Dynamics of Power Rights

Human Rights - Refer to the rights protected by the authority, these rights include goods and services that
allow people to survive, such as education, protection from harm, places to live and care.

Negative Rights
- Rights that do not require intervention by outside agency. These include the rights to live,
the absence of torture, control of the community and the individuals who live within them
and self-determination.

THE THREE GENERATIONS OF HUMAN RIGHTS:

First Gen
 These rights were created in the 18th and 19th centuries and involve civic political rights and
political rights. This gen. focuses on LIBERTY as its key theme. They provide rights in terms
of life, non-discrimination, freedom from arbitrary arrest and freedom of thought.
Key Docs: Un declaration Article 3-21, International Covenant on Civil and Political
Rights

Second Gen
These rights were created in the 20th century and involve economic, social and cultural rights.
This gen focuses on EQUALITY as it s key theme. They provide rights in terms of work, social
security, healthcare, education and paid holidays.
Key Docs: UN Declaration Article 22-27, International Covenant on Economic, Social and
Cultural Rights

Third Gen
These rights were created post-1945 and involve solidarity rights, this gen focuses on
FRATERNITY as its key theme. They provide rights in terms of self-determination, peace,
development, environmental protection.
Key Docs: Stockholm Convention on the Human Environment, Rio ‘Earth Summit’ 1992
and Montreal Protocol

Universal Published in 1948 the UDHR is the most translated rights document on the planet, it sets a
Declaration of ‘common standard’ for the achievement for all peoples and all nations. The Declaration was
Human Rights widely developed largely with the recognition that there had been horrible and barbaric acts
carried out by nations in WWII, and that these acts could not be allowed to be repeated.

Simplified version of the declaration: https://glopocish.wordpress.com/wp-

content/uploads/2020/02/udhr_simplified.pdf

Codification of The UN recognized the limitation of the UDHR, the nature of the articles being a Declaration
Human Rights meant that it served as an ideal for nations, but it was not legally binding. This led to the creation
of the two treaties that are now a part of international human rights law in 1976.

These treaties are called the Human Rights Covenants and include the International Covenant
on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and
Cultural Rights (ICESCR). These instruments meant that the articles withing them are legally
binding and must be ratified by the state members once the covenant is signed.

Simplified Version of the Human Rights Covenants: https://glopocish.wordpress.com/wp-

content/uploads/2020/02/fact-sheet-easy-to-read-covenants.pdf

Multilateralism Multilateralism: The alliance of multiple countries pursuing a common objective

Vs. - Multilateral implementation of human rights helps increase nations’ sense of responsibility
Bilateralism and facilitate national compliance towards protecting human rights by inculcating public
(Theories of IR scrutiny.
in in Human - Concrete multilateralism can result in consequences for violating human rights but does not
rights) necessarily guarantee positive implementation.

Bilateralism: The conduct of political, economic or social relations between two sovereign states
- The allocation of resources through bilateral means is much more efficient than multilateral.
- Unilateral actions can also help prevent consequences that affect a state in the long run.
 - Multiple foreign policies often restrict national interests and use a narrow, partisan
perspective whilst implementing.

Critical theory The Cairo Declaration on Human Rights in Islam (CDHRI) is a declaration of the member states
Declarations of the Organization of the Islamic Conference adopted in Cairo, Egypt, on 5 August
1990, (Conference of Foreign Ministers, 9-14 Muharram 1411H) which provides an overview on
the Islamic perspective on human rights and affirms Islamic sharia as its sole source. CDHRI
declares its purpose to be "general guidance for Member States [of the OIC] in the field of human
rights".

The Cairo Declaration is recognized as an Islamic response to the UDHR. The declaration focuses
on 1st and 2nd generation human rights while providing an Islamic moral perspective based on
sharia law and the prophet’s (PBUH) sunnah. The articles of the Cairo Declaration is poses
principals mostly on Muslim civilians while the UDHR pushes a democratic governance clause.
However, the Cairo Declaration offers little insights in rights of non-Muslims in Muslim
governed states/countries.
Collective Collective rights is a highly contested area of Human Rights. This issue arises from the challenges
Rights associated with 3rd generation rights. These are sometimes called collective rights, group rights,
minority rights, or solidarity rights.

Third generation rights go beyond the framework of individual rights to focus on collective
concepts, such as community or people. Third generation rights go beyond the mere civil &
social, as expressed in many progressive documents of international law, including the 1972
Stockholm Declaration of the United Nations Conference on the Human Environment, the 1992
Rio Declaration on Environment, and other covenants of generally aspirational “soft law”

Despite the increased support towards individual rights over the years, certain scenarios (such as
ethic cleansings, mass genocides, refugee crises etc.) call for the protection of collective rights.
As collective human rights protect rights of group to participate in culture, protecting their
cultural heritage and cultural expressions, which is a vital part of building society and creating
solid beliefs, customs and values which are particularly important for sustaining and developing
indigenous and minority groups.

International The ICC was established in 2002 and seeks to hold account those guilty of 4 horrid crimes. The
Criminal Court ICC outlines 4 criminal actions: genocide, crimes against humanity, war crimes and crimes of
(ICC) aggression. They are composed of 4 organs: the presidency, the chambers, the office of the
prosecutor and the registry. The ICC can only open cases with states party of the Roman Statute,
and cases prior to the time of the ICC’s creation cannot be filed.

Examples of ICC’s cases:

• Democratic Republic of Congo (2006): Former Congolese leaders Thomas Lubanga,
Germain Katanga and Jean- Pierre Bemba tried for war crimes and crimes against
humanity.
• Ivory Coast (2002): Former president Laurent Gbagdo held responsible for crimes against
humanity.
• Charles Taylor (2012): Former president of Liberia convicted for war crimes and crimes
against humanity.

Realist views on…

- International Law:
 Realists are generally skeptical about International Law and its value. Most realists
whether structural or classical accept that international law plays a major role, but limitations do
exist by the fact that powerful states are the primary actors in the global stage, thus international
law is controlled based on power and not steered by Justice.
- ICC:
Realists might consider this international law system as an ineffective one, as most
politically powerful state are either non-members of the Roman statute or members who
have not ratified the document such as China, USA and Russia (3 of the most powerful
sovereign states and members of the UNSC). Additionally, the process of opening a case is
heavily bureaucratic and strict. The trials are generally ineffective with the expectations of
evidence provided post-trials and the restrictions on rebuttal evidence.

Liberalist views on…

- International Law:
Liberalists have a clearly positive assessment of the role and importance of
international law. This stems from the belief that human beings are imbued with rights and guided
by reason, which contrasts the classical realist perspective.
- ICC:
Liberalists view this international law system as an effective system in convicting those
who have committed heinous crimes. The coordination of the ICC with the UN and member
states ensures the prosecution and conviction of those alleged crimes in full effect.

Human Rights Non-state actors also have a significant effect on human rights and diplomacy- primarily non-
NGOs governmental (advocacy) organisations, they are formed by the public political space known as
civil society which operate independently from states and range from national to transnational
level operations.

Strategies and resources of NGOs/ Civil societies:

- Resources include the information and the human capital that NGOs/ CS possess
- Strategies include the creation of public pressure and accountability on authorities through
press/journalism, campaigns or protests

Civil Society advocacy exists at a systematic level in democratic, sovereign states. The
implementation of civil rights lies with state authority, this NGOs/ CS must act through the state
to achieve their objectives. International NGOs operate on a multilateral level to increase
international accountability among state actors.

Drawbacks of NGOs:

• Ineffective expression despite good intention

• Lack of financial and political stability
• Lack the influence/ authority that state actors possess
• Power of public opinion is limited

However, NGOs/ INGOs are often more eligible to carry out Human Rights’ initiatives as they
do not have any vested interests. Many have developed reputations of accuracy and impartiality
over the years; Eg. Amnesty International, Al Jazeera.
Politicization Politicization of human rights involves the use of human rights for political gain by state actors.
of Human States may use human rights to legitimize their actions in global politics.
Rights
For example, the USA’s use promotion of democracy as a justification for the invasion of Iraq in
2003. It is argued by some NGOs such as The HRW that this was not the real reason for the war,
and that the United States used human rights to legitimize its actions in global politics.

- Additionally, the criticism of other states for human rights abuses by the United States is
also mentioned, with critics arguing that the US itself is an abuser of human rights in
instances such as family separation at the Mexican border, hate crimes against Asian
Americans, and racial discrimination against African Americans.

- Not only are states capable of politicizing human rights and the ‘responsibility to protect’
but NGOs alike, are manipulated by western governments, resulting in their contribution to
the politicizing of human rights for western state interests and justifying unethical motives.
Case Study of The Struggle for Kurdish Human Rights in Iran
Human Rights Despite Iran being a state party to the International Covenant on Economic, Social and Cultural
Breaches #1: Rights and the International Covenant on Civil and Political Rights, violations have occurred,
Kurds in Iran including limiting cultural growth and religious freedoms. The Kurds, who make up 15-17% of
Iran's population, face prejudice and government disdain, leading to the violation of their rights
to self-determination and cultural expression.

Human Rights Abuses and Resistance in Iran

Sunni Muslim Kurdish institutions are often prohibited in Iran, and human rights abuses have
been committed against Sunni Kurdish preachers like Ayoub Ganji. Protests and pressure from
non-governmental organizations like Amnesty International led to his release, showcasing the
power of permanent populations in challenging the state. Iran's age of maturity, set at 9 lunar
years for girls and 15 lunar years for boys, contrasts with the world standard of 18 years and
violates the Convention on the Rights of the Child. Mahsa Amini's death while in custody for
clothing violations sparked nationwide protests, with security forces reportedly causing injuries,
detentions, and at least 23 child deaths during peaceful demonstrations.

Challenges of Enforcing Universal Human Rights

Iran's government and military have been accused of violating the UN Convention on the Rights
of the Child, resulting in the deaths of adults, teenagers, and children under 15. Despite
international pressure, the Iranian government has not responded positively and continues to
suppress protests and censor media. This highlights the challenges of enforcing universal human
rights, particularly when state actors hold significant authority within their borders.

Full research paper:

https://docs.google.com/document/d/1Qo0JLQmzXz7_IBQOcJ8a0gbBDa-
IMNJmwU8HMoBCjLo/edit?usp=sharing

Case Study of The Rohingya conflict is a long-standing and complex issue that has been ongoing for decades.
Human Rights The conflict primarily takes place in the Rakhine State of Myanmar and involves the Rohingya
Breaches #2: minority, a highly persecuted Muslim group, and the Myanmar military, also known as the
Rohingya Tatmadaw. The conflict has deep historical roots, dating back to Myanmar's independence from
Muslims in British rule in 1948. Since then, the Rohingya have faced discrimination and persecution from
Myanmar both their neighbors and the Myanmar government. The conflict escalated dramatically in August
2017 when a series of attacks by a group of Rohingya militants on military and police outposts
led to a brutal crackdown by the Myanmar military on Rohingya villages. This crackdown
resulted in over seven hundred thousand Rohingya fleeing across the border to Bangladesh,
leading the UN Human Rights Commissioner to describe the situation as "a textbook example of
ethnic cleansing.

The violations against the Rohingya Muslims in Myanmar are extensive and severe, constituting
a widespread and systematic attack on a civilian population. These violations include the
stripping of citizenship rights, restrictions on freedom of movement, denial of access to
healthcare and education, forced displacement, and the perpetration of extreme acts of violence
such as killings, rape, and mutilation. These violations are a clear breach of human rights and
are legally considered to be apartheid, as they are aimed at dominating and isolating the
Rohingya based on their ethnic or racial identity.
The violations against the Rohingya Muslims in Myanmar are in direct violation of several
international human rights covenants and conventions. These include the Universal Declaration
of Human Rights (UDHR), which guarantees the right to nationality, freedom of movement,
education, and healthcare. Additionally, the violations also contravene the International
Covenant on Civil and Political Rights (ICCPR), which protects the rights to life, freedom from
torture, and the right to freedom of movement. The systematic discrimination and violence
against the Rohingya also violate the Convention on the Prevention and Punishment of the Crime
of Genocide, as the UN has described the situation as a "textbook example of ethnic cleansing."

Specifically, the violations against the Rohingya Muslims in Myanmar constitute a breach of
the following rights outlined in the UDHR:

1. Right to Life: The systematic killing of Rohingya Muslims and the destruction of their
villages and communities violates their fundamental right to life as outlined in Article 3 of the
UDHR.

2. Right to Freedom from Discrimination: The denial of citizenship and the targeted persecution
of the Rohingya based on their ethnicity and religion violates their right to freedom from
discrimination as stated in Article 2 of the UDHR.

3. Right to Freedom of Movement and Residence: The imposition of restrictions on the

movement and displacement of the Rohingya population violates their right to freedom of
movement and residence as outlined in Article 13 of the UDHR.

4. Right to Education and Healthcare: The denial of access to education and healthcare services
for the Rohingya population constitutes a violation of their right to these essential services as
outlined in Articles 25 and 26 of the UDHR.