The Nature and Development of Human Rights

Human rights

Definition

– Human rights are rights held by all human beings

– Universal, Inherent and inalienable

"The government does not give you those rights; it is the responsibility of the state to recognise them"

- SMH "rights must be balanced with responsibilities" 2010

Formal statements of Human Rights

Examine major human rights documents and

explain their contribution to the development of

human rights

Human rights – not a modern concept

– Philosophers: Plato, Aristotle

– Codes: Hammurabi, Cyrus the Great

– Writings: "Enlightenment" (Europe); eg: Locke, Kant

– Documents: US Declaration of Independence 1776, French Declaration on the Rights of Man 1789

– Human rights also developed over time. Consider: slavery, suffrage, labour rights, education…

Formal statements of human rights

Universal Declaration of Human Rights– Direct response to WWII; the UN was created, but the Charter was not

considered to be enough to protect the rights of people around the world

– Commission on Human Rights – tasked with Human Rights Project

– 10 Dec 1948 – Universal Declaration of Human Rights voted on in UN General Assembly; 48 for, 0 Against, 8 Soviet states abstained

– Single list – they cannot be separated from one another.

30 Articles4 pillars

1-2 human rights belong to all; no discrimination

3-19 1st Generation Rights (life, liberties)

20-26 2nd generation rights (economic, social)

27-28 3rd generation (community & culture)

29-30 place some limits on HR

What happens if we favour one group of rights over another?– Western nations have favoured 1st

generation rights over 2nd

– Eg: US attitudes to Palestine, Iraq, Lebanon

– Result: terrorist groups gain suppor in areas where they provide social services (schools, etc)

– Eastern countries have favoured 2nd generation rights over 1st

– Eg: communist states

– Result: labour camps, bans on free speech etc "for the good of the country"

Formal Statements of Human Rights: Binding

International Covenant on Civil and Political Rights (ICCPR)

– 1966 – came into force 1976

– 167 countries have signed

– 1st generation rights

– "Negative rights" (eg: freedom from torture)

– Countries must organise their society to allow these rights for all

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

– 1966 – came into force 1976

– 160 countries have signed

– 2nd generation rights

– "Positive rights" (eg: provide universal schooling)

– More expensive – "too difficult"

Formal Statements of Human Rights: Binding

International Covenant on Civil and Political Rights (ICCPR)– Established Human Rights

committee

– Hears complaints brought by one nation against another (none yet!)

– Hears complaints brought by individuals against their government, eg: Toonen (right to privacy, sexual preference)

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

– As a signatory, Australia receives a "report card" from UN Committee on ESCR

– 2009 – 26 recommendations to improve. Including: charter of rights; imprisonment of the mentally ill; homelessness; mandatory detention

Formal Statements of Human Rights: Binding

International Covenant on Civil and Political Rights (ICCPR)

– Reservations – some countries have reserved certain rights

– i.e. Agreed to most but not all parts as they ratified them

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

Contribution of these Statements to the development of HR

– International Bill of Rights has inspired over 200 international treaties, Constitutions, etc

– Older treaties are being updated through "optional protocols" to increase human rights – eg: Convention on the Rights of the Child

– 3rd generation rights are now getting international recognition (eg: Declaration on the rights of Indigenous Peoples 2007 )

Developing Recognition of human

rights

Outline how human rights have developed over time

Investigate the evolving recognition of human rights

Abolition of slavery

– 2 Steps: end the slave trade; free existing slaves

– British cases: Somersett Case 1772; Slave Trade act 1807; Slavery Abolition act 1833

– US cases: Lincolnshire Emancipation Proclamation 1863; 13th Amendment to the US Constitution (slavery abolished in all states)

– Slavery is against a4 UDHR, a8 ICCPR

– Multiple conventions: Two Slavery conventions (1926, 1953); Palermo Protocol 2000…

– Still an issue… 29.8 million slaves today. (14mil in India) An issue here in Australia

– R v Wei Tang, R v Dobie, R v Chee Mei Wong

– NGOs: anti-Slavery International, Global Freedom Network. Walk Free Foundation

Trade unionism and labour rights

Universal suffrage

Universal education

Self-determination

Environmental Rights

Peace Rights