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To Conclude: Just what are Human Rights at the end of the day

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To Conclude: Just what are Human Rights at the end of the day

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In conclusion, human rights are fundamental rights and freedoms that are inherent to all individuals by virtue of humanity. The shared understandings of dignity, equality and self-worth of all human beings are apparent in all aspects of these rights. These rights are universal, indivisible and form the cornerstone of a just society. From its origins to philosophical and cultural beliefs all the way to frameworks and treaty agreements, there is a collective commitment to ensure protection and respect to all aspects of human dignity.

It is not just a legal obligation but a moral imperative. This ever evolving subject will continue to shape the world where all individuals can live with freedom, with dignity and with equality.

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Felice D. Gaer, Human Rights Defender and Advocate, former chair of the United States Commission on International Religious Freedom. UNESCO member.

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Felice D. Gaer, "A Universal Periodic Review and the UN Treaty Body System"

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Felice D. Gaer, "A Universal Periodic Review and the UN Treaty Body System"

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In Gaer's article, 'A Voice Not an Echo: Universal Periodic Review and the UN Treaty Body System", she discusses the importance of UPR as a mechanism for evaluating human rights practices across all member states. She underscores the significance of ensuring that the process is fair and that it provides constructive engagement.

The important piece that I took from the article is integrating UPR into the UN Framework can reflect on the commitments to upholding human rights worldwide, providing states an opportunity to communicate, share perspectives and come to better understandings of different cultural, social and political contexts that can adversely affect human rights.

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Another UN mechanism is their Peacekeeping Force which contributes to preventing and resolving conflicts that protect civilians, foster humanitarian aid and post-conflict support. It embodies the commitment towards peace in troubled regions while showing international co-operation.

Their R2P network offers the collective duty of nations to safeguard themselves from atrocities such as genocide, war crimes etc. It provides for prevention and rebuilding from horrific human rights violations and can underscore international community obligations where states can intervene on a state whereby they are unable to protect their citizens. R2P aims to ensure that all citizens are secure and their fundamental human rights are upheld.

(Source: Lecture 5 video 3, delivered by Henrietta Zeffert on 12 October 2023)

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Human Rights Council and the Universal Periodic Review

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Human Rights Council and the Universal Periodic Review

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The Universal Periodic Review assess human rights records of all Member States with the objective of reviewing the human rights situations in each state and providing dialogue, cooperation and improvement on human rights situations occurring globally. Its main aim is to enhance protection and promote human rights worldwide.

It is the best platform for bringing together the best ideas, addressing the problems that the previous Commission on Human Rights made and developing further. But it makes states weaker on the international stage by showing weakness, so participating is a huge success.

Each state has a review every 3-5 years, whereby they show their contributions towards human rights through documentation. States review states records and brought to review which can be adversarial but constructive dialogue is arguably needed to accelerate implementation of positive changes.

It has positive reception but is subject to some criticism, such as friendly states appraising each other, vague recommendations and unequal administrative resources leading to inequalities and troubles to comply with recommendations etc.

I believe that participation is a great idea, allowing states to collaborate and learn from each other will only lead to further success towards human rights objectives.

(Source: Lecture 5 video 2 and Lecture Notes, delivered by Henrietta Zeffert on 12 October 2023)

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The UDHR as a charter body seeks to establish a global standard of fundamental rights and freedoms for all individuals, interacting with the law as a mechanism of social order and influential in many ways.

It serves as a basis for National Legislation and Constitutions that have incorporated the principles of the UDHR into their national legal frameworks, that have guided the enactment of laws that protect the fundamental values of human rights domestically.

(Source: Lecture 5 video 1, delivered by Henrietta Zeffert on 12 October 2023)

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Abdullahi Ahmed An Na'im on UN Charter Bodies and Enforcement Media

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Abdullahi Ahmed An Na'im on UN Charter Bodies and Enforcement Media

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In his speech, he finds religion to be problematic, that describing certain beliefs of one religion and try to impose those beliefs on another. Religions, the secular, should not be the same around religious boundaries.

He finds the idea of secularism problematic from an Islamic point of view, concept aren't incompatible but inherently incompatible. He finds it important to continuously challenge and push the boundaries further.

Trouble with European modernity was projecting their beliefs globally, creating a barrier in other nations therefore creating intellectual and political challenges in terms of international relations.

Presumption that Africa is a sovereignty vacuum to be divided amongst European countries became problematic. He introduces a hopeful idea of 'post-colonial', that it's a part of history but not the future. It seeks to decolonise all aspects of colonialism but conceptually and psychologically.

It is legitimate for all religions to struggle to understand their own terms through self-determination, suggesting that decolonisation must be understood through the mind of the coloniser and the minds of the colonised.

From a human rights standpoint, respecting the values of universalism and diversity, coming to terms with past events, inherently creates a more just society, one that can be filled with positivity, understanding and hope towards the future.

(Source: video linked on module list for Week 5)

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Topic 5: UN Charter Bodies and Enforcement

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Topic 5: UN Charter Bodies and Enforcement

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Human Rights obligations hold the duties to respect, protect and fulfil the rights of those discriminated against. But it's never that easy to distinguish, particularly with the nature of the obligations and the specific character of International Human Rights Law.

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Example of Reservation: Saudi Arabia and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

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Example of Reservation: Saudi Arabia and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

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An example of ratification of reservations came from Saudi Arabia, making reservations to this article on the basis that it would later apply this provision in accordance with Islamic Law (Cultural values at play here)

(Source: CEDAW website)

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Reservations are formal statements made by a state when it ratifies a treaty that can be used to modify legal obligations that a state is willing to undertake under the treaty. Basically, it allows a state to accept certain provisions of a treaty while excluding or revising others based on law and policies.

For international treaties, states can alter their responsibilities regarding specific provisions of the treaty - these are legally binding on the state.

Reservations can impact effective implementation and universality of treaties by allowing states to tailor their commitments to their national frameworks. However, a downside to this is excessive reservations can undermine the treaty

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Customary International Law and Jus Cogens

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Customary International Law and Jus Cogens

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Customary International Law provides the foundation of legal obligations even in the absence of specific written agreements. It represents the collective conscience of the international community.

Examples of customary international law in the human rights context include prohibition against genocide, slavery, piracy etc.

Jus Cogens refers to the certain norms which have no derogation is permitted, being fundamental and universally accepted and recognised as binding on all states

(Source: Lecture Notes, delivered on 6th October 2023)

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Treaties are legally binding agreements that set out the specific rights and obligations for state parties. These include conventions, charters, statutes etc.

Several important international human rights treaties have been established through treaty agreements such as ICCPR and ICESCR, but also the Convention on the Rights of the Child (CRC) that address the specific rights of children, encompassing aspects like protection and provision.

(Source: International Human Rights Textbook)

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The sources of law for Human Rights are the binding legal obligations put on states under International Law, to which Human Rights is on of those obligations.

The main source of International Human Rights Law is Article 38(1) Statute of the ICJ which directs judges when deciding on disputes brought before the court.

The UN Charter in 1945 began the legalisation of human rights within regional and global frameworks, but has been expanded to the ICJ.

One of the main principles of Article 38(1) is the adoption and negotiation of treaties

(Source: Daniel Moeckli, Sangeeta Shah, Sandesh Sivakumaran, and David Harris, International Human Rights Law 4th edn, Chapter 4)

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Kathryn McNeilly, Lecturer, School of Law, Queen's University Belfast, UK

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In Kathyrn McNeilly's paper 'Reclaiming the Radical in Universal Human Rights: Universality as Universalisation', she challenges the conventional understanding of universality within the context of human rights.

Her perspective goes beyond the general definition of universality, expressing a more dynamic and evolving approach that is needed to fully embrace the potential of human rights. Looking towards universalisation - a continuous and adaptive effort to ensure that human rights are not universally acknowledged but actively protected.

McNeilly encourages deeper examination of how human rights can be made relevant and meaningful in various aspects of culture, society and policies. The goal of promoting a more effective application of human rights principles will transcend our current understanding of human rights.

I find that this paper provides valuable insights and sparks meaningful discussions about how can better uphold human rights by reexamining and enhancing our understanding through the lens of universalisation.

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Bilahari Kim Hee Papanasam Setlur Kausikan, academic, diplomat and civil servant.

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Bilahari Kausikan, 'Asia's Different Standard'

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Bilahari Kausikan, 'Asia's Different Standard'

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Within Kausikan's article, 'Asia's Different Standard' he explores the concepts of Western delegations whereby there is a general discontent throughout Asia by western interpretations of human rights.

He suggests that Western critics take a more understanding view of policy with flexibility and diversity in mind over the harsh rhetoric displayed toward Asian countries. Human rights in a more general view address matters of culture and values in particular.

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The term "Asian Values" refers to the cultural, social and cultural beliefs associated to East Asia. Asian leaders in particular emphasise their 'uniqueness' of their society while also questioning the universal human rights standards in their societal, cultural and historical context.

Cultural Relativism is central to their beliefs. They suggest that human rights are to be implemented in ways that respect the values of their culture. These values have been subject to criticism as critics argue that these values have been utilised to justify authoritarian regimes and violate various aspects of universal human rights principles.

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Adbullahi Ahmed An-Na'im, prominent scholar of law and human rights

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Culture, Cultural Relativism and Ethnocentricity

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Culture, Cultural Relativism and Ethnocentricity

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Adbullahi Ahmed An-Na'im discusses the different perspectives of culture in such a way that makes these ideas central to universality of human rights.

He writes of the Cross-Cultural Perspectives on Human Rights, expressing points of human beings and societies sharing fundamental interests, traits and values that can contribute towards a universal model of human rights, while also respecting the extreme cultural diversity that exists in the world. Ethnocentricity, a belief that ones own culture is superior, threatens to tear apart the void of universal and cultural values and threaten human rights.

However, An-Na'im continues to say that respecting our ethnocentricity may allow us to respect others, therefore upholding equal values - cultural relativism.

In my view of his readings, the main takeaway is understanding and addressing ethnocentricity as a way of promoting tolerance and inclusivity. Perhaps promoting education and exposure on the issues and perspectives can help mitigate the effects of ethnocentric thinkers and create a more harmonious society.

(Source: Abdullahi Ahmed An-Na'im, Toward a Cross-Cultural Approach to Defining International Standards of Human Rights, the meaning of Cruel, Inhuman, or Degrading Treatment or Punishment, 1995)

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These fundamental concepts reflect the different aspects of how human rights are understood and applied worldwide.

Universality embodies the belief that certain rights are inherent to every individual because they are human and that it transcends 'boundaries' such as nationality and culture. These are inalienable and fundamental rights that form a global standard. Take the Universal Declaration of Human Rights for example, it fosters shared understandings of human dignity, entitlements and freedoms. (Source: UDHR)

Diversity however, acknowledges human rights through cultural societies under social and historical contexts. It interprets human rights based on cultural perspectives. (Source: American Antropological Association, Statement on Human Rights (1947))

Ideally, to strike a balance between the two would be pivotal for cultivating a world where human rights are universally upheld while also respecting diversity of cultures.

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Synopsis of James Griffin's "Discrepancies between the Best Philosophical account of Human Rights and the International Law of Human Rights

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Synopsis of James Griffin's "Discrepancies between the Best Philosophical account of Human Rights and the International Law of Human Rights

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In this article, James accounts human rights and regards them as the values that we attached to human agency. The international law of human rights is embodied in large amounts of declarations, charters, conventions and judicial decisions.

James theorises that human rights are not legal or political rights but actually moral in nature.

I believe this approach is right, fair and just in how individuals and communities should be treated. It provides for moral obligations and duties, justification of rights and moral principles within frameworks.

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Charles Beitz, political theorist and philosopher.

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A look into Charles Beitz article "What Human Rights Mean" 

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A look into Charles Beitz article "What Human Rights Mean" 

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Charles Beitz article, "What Human Rights Mean", explores the concept and meaning of human rights, exploring the philosophical and theoretical foundations of human rights, deciphering what these rights mean and how they are established in principles of justice.

Central themes included:

Philosophical Foundations - underpinnings of human rights, exploring theories that support inherent human rights like natural law.

Universalism vs. Relativism - debates between these two are raised, comparing the ideas of human rights being applicable to everyone universally to cultural relativism, the idea that human rights are understood to be confined to specific soclal and cultural contexts.

Contemporary Relevance - Beitz looks at global challenges and conflicts such as Kosovo and pushes for global justice, acting on human rights controversies, offering assistance when needed.

Conclusion and Future Prospects - Beitz offers insights into human rights discourses, suggesting potential directions to strive for, namely revisions in practice and work in constructive ways to expand human rights.

In my opinion, this article deepened my understanding of these foundations and considerations, which contributed overall to the prospects, challenges and implications of human rights.

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Interference refers to actions, whether by state or non-state actors that infringe upon established rights and freedoms of individuals as recognised in international human rights law. It is important for actors to prevent interference and ensure accountability for violations and crucial aspects of human rights and promote a more just society.

As these rights are of international concern, state sovereignty can be an issue in addressing these issues, potentially causing strife between organisations and states. International organisations work towards a more harmonious practice to transcend boundaries and national interests.

Source: Lecture Slides, presented by Henrietta Zeffert on 22nd September 2023)

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Obligations refer to duties, responsibilities and commitments to respect, protect and fulfil human rights.

Some obligations have a legal basis, and are rooted in international and domestic laws and treaties outlining rights and duties of states. States and actors are accountable for fulfilling these obligations through legal mechanisms, human rights institutions, public awareness etc.

They establish legal and moral responsibilities of various entities to uphold, protect and fulfil human rights to ensure dignity, equality and well-being of individuals and wider community.

Source: Daniel Moeckli, Sangeeta Shah & Sandesh Sivakuraman (eds.), International Human Rights Law (3rd ed, OUP 2017)

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Basic needs refer to the fundamental needs, requirements and conditions that are considered essential for individuals to live a dignified life. These are foundational to human well-being and often linked to human rights frameworks and legal instruments.

These basic interests are as follows:

1. Essential Needs - food, water, shelter, healthcare, education

2. Non-discrimination and equality

3. Social Justice - addressing systematic inequalities

4. Universal and Inherent - interests universal and inherent regardless of background, culture etc.

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Capabilities refers to the fundamental abilities and opportunities that individuals need to lead a fulfilling life. The concept was developed by Amartya Sen and expanded by Martha Nussbaum. Their approach emphasises the importance of focusing on individuals can be rather than what they currently have.

Key points of capabilities in a human rights context are:

Freedom and Agency - capabilities emphasise freedom and agency that individuals possess to choose and pursue the kind of life they value, aligning with aspirations.

Bodily Health - being able to have good health, reproductive health, nourishment and shelter etc.

(Source: Lecture Slides by Henrietta Zeffert, presented on 22nd September 2023)

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The Preamble to the UDHR references the "inherent dignity" and equal rights to all members of the human family.

Elaborating further, from the key textbook International Human Rights Law, dignity is questionable as to whether it plays a part in the human rights context as its indeterminable and a historically complex subject.

I believe that dignity is our inherent worth and value by virtue of being human, protecting the rights guaranteed to us and upholding rights and freedoms set about under institutions such as UDHR, ICESCR, ICCPR and even domestic law.

(Source: Daniel Moeckli, Sangeeta Shah & Sandesh Sivakuraman (eds.), International Human Rights Law (3rd ed, OUP 2017)

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Normative Agency Theory

"The basic principle shaping human rights derives from the fact of our humanity"

While this quote captures a fundamental idea that human rights are inherently linked to shared humanity, there are potential problems that arise from this such as:

Cultural Relativism - different cultures have different interpretations on what constitutes "rights" and how they're upheld.

Historical and Social Context - rights have evolved over time, what is recognised today wasn't considered "back in the old days".

Historical Violations - we have seen egregious human rights violations committed by individuals and groups despite shared humanity, challenging the notion that our humanity inherently guarantees respect for human rights.

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Topic 2: Ways to Justify Human Rights - The Six Key Principles

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Topic 2: Ways to Justify Human Rights - The Six Key Principles

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When looking upon the lecture materials, there are six key principles that narrow down these justifications. They are as follows:

1. Autonomy and Rationality
2. Dignity
3. Capabilities
4. Basic Interests
5. Obligations
6. Interference

These principles will be further explored in more detail in the connected posts (Source: Lecture Slides by Henrietta Zeffert, presented on 22nd September 2023)

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Post-World War II and the Universal Declaration of Human Rights (UDHR)

Post-1945 - horrors of World War II led to a strong international consensus on the need to establish a framework for protecting human rights. The United Nations was subsequently founded, and in 1948, the General Assembly adopted the Universal Declaration of Human Rights (UDHR) laying the foundation for international human rights standards and principles.

UN Charter 1945

While the charter does not provide an exhaustive list on human rights, it does lay the foundation for the development and protection of human rights within the broader framework of the United Nations. It includes provisions fundamental to promoting and protecting human rights such as:

Respect for Human Rights and Fundamental Freedoms - Article 1(3)

Peace and Security as a Foundation for Human Rights

Non-discrimination and Sovereign Equality

International Cooperation for Economic and Social Development - Article 55

International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR)

The UDHR was followed by two binding treaties in 1966: the ICCPR and the ICESCR. The ICCPR focuses on civil and political rights, while the ICESCR emphasises economic, social and cultural rights. These covenants established a legal framework for the protection and promotion of a wide range of human rights.

(Cited from UN Official Website - United Nations (1945) Charter of the United Nations)

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Comparing two different minds: Hobbes v Locke

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Comparing two different minds: Hobbes v Locke

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Hobbes, who published The Leviathan, had a bleak outlook on human nature, stating that the social contract forced individuals to surrender their natural rights for security and stability. He believed in a supreme power to impose peace on everyone. I find this stance to be authoritarian, subjecting persons to a single power limits the values of inalienable human rights, freedoms and social justice.

Locke on the other hand, in his Two Treatises of Government, held more optimistic views of human nature, saw the state of nature as freedom and equality, where individuals possess inherent rights of life and liberty, protecting people and safeguarding their fundamental rights.

While Hobbs emphasised a powerful government to prevent social chaos, Locke would support the idea of limited government that preserves and protects the individuals rights.

On these views, I take the side of Locke. I believe his vision promotes a society where rights are protected, that we have a say in governance and a democratic society. Both characters played a role in the development of the International Human Rights Framework, something that will be explored further into this diary.

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US Declaration of Independence, adopted on July 4th, 1776

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This document articulates the fundamental principles of human rights and political philosophy. Interestingly, it aligns with John Lockes views of natural rights and government's role in protecting rights. The key concepts within this declaration pertaining to human rights include:

1. Inalienable Rights - rights that are inherent and cannot be surrendered.

2. Role of Government - the purpose of government is to protect these inalienable rights.

3. Right to Alter or Abolish Government - acknowledging the right for people to alter or abolish government if it seeks to end these rights, highlighting the right to revolution in the face of tyranny.

4. Equality - the Declaration asserts that "all men are created equal", reflecting a fundamental concept of Human Rights.

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These rights are freedoms that individuals possess as citizens of a nation and members of society. These rights are typically protected by law and government and play a huge role in shaping a just society. These rights are essential for ensuring non-discrimination, equal treatment of persons, and the democratic process.
Examples include: Freedom of Expression and Speech, Freedom of Religion and Belief

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These rights are often seen as fundamental and universal, creating a sense of inherent human dignity. Philosophers such as Thomas Hobbes and John Locke define these rights as pre-existing and should be protected by governing bodies and society. Examples are:
The Right to Life and the Right to Liberty

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Different Interpretations: Are these rights Civic or Natural in nature?

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Different Interpretations: Are these rights Civic or Natural in nature?

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Are these rights universal or are they particular? And what exactly do these words mean?

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Marcus Tullius Cicero, statesman, lawyer, philosopher, writer and skeptic

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In 44BC, Cicero wrote in his treatise, De Officiis, of the duties and justices available to the human race as a whole, regardless of ethnicity or nationality.

Source: De Officiis, republished as an Ebook and updated on 2nd February 2022.

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What is the meaning of the words "Human Rights" ?

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What is the meaning of the words "Human Rights" ?

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Just where exactly do human rights come from? Where do we look to for evidence? What exactly did these rights pertain to?