INR 4075 Human Rights Protection Lecture 1 Professor Maslan ✓ Solved

INR 4075: Human Rights Protection Lecture 1 Professor Maslanik

Basic Tenets of Human Rights Inherent rights to all human beings, regardless of nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status. These Rights are often expressed and guaranteed by law, in the form of treaties and customary international law. International Human rights law expresses obligations for Government to act or refrain from acting in certain ways, with the intention of protecting certain individuals.

The League of Nations aimed to prevent war through collective security, but lacked its own force. The United States never formally joined, and the USSR was only a part of it for a brief period. Constitution with no general provisions dealing with human rights meant international protection for human rights had not yet gained acceptance.

Protection of minorities came about from redrawing of territories, creating pockets of ethnic, linguistic, and religious minorities. Article 22 & 23 laid some groundwork for the development of human rights law. 22: Mandate system applied only to the former colonies of States that lost the First World War. The League were to administer that the well-being and development of [the native] peoples formed a sacred trust of civilization. 23: Dealt with the question relating to “fair and humane conditions of labor for men, women, and children.” The International Labor Organization (ILO) was created to promote this objective.

Beyond the League of Nations, the United Nations was founded on 24 October 1945 with the primary aim to prevent war—international peace and security. Other goals include promoting human rights, economic and social development, environmental protection, and humanitarian assistance and intervention during natural disasters and armed conflict. Originally founded with 51 members, it now has 193. Its main offices are located in New York, Geneva, Nairobi, and Vienna.

The UN consists of six organs: General Assembly, Security Council, Economic and Social Council (ECOSOC), the Secretariat, the International Court of Justice, and UN Trusteeship Council. Membership grew during the Cold War with the spread of decolonization in the 1960s. The Universal Declaration on Human Rights, adopted on 10 December 1948 in Paris, established 30 Articles outlining individual rights as the first step in the creation of the International Bill of Rights in 1966. Although non-binding, the Declaration has led to other international agreements such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), which are legally binding for ratifying states.

During the Cold War, peacekeeping was a primary mission of the UN, though efforts were often hindered by the US and USSR. The UN authorized a US-led coalition to combat North Korea’s invasion, approved the partition of Palestine, and established the first peacekeeping force to end the Suez Crisis in 1956. In the 1960s, the UN led peacekeeping missions in the Congo, but its inability to mediate conflicts in the Middle East, Vietnam, and Kashmir shifted its focus to economic and cultural diplomacy. Despite successes in El Salvador, Namibia, Cambodia, and South Africa, peacekeepers are often viewed as bystanders in instances like the Bosnian crisis, Rwanda, and Somalia.

International Human Rights Protection Institutions include the International Court of Justice (ICJ), International Labor Organization (ILO), and UN High Commissioner for Refugees (UNHCR) created in 1950 to help millions throughout Europe post-WWII. The International Criminal Court (ICC) was established in 2002 as a tribunal in The Hague with jurisdiction over genocide, crimes against humanity, and war crimes. Following the Cold War, the UN Security Council became more involved in large-scale human rights violations under its Chapter VII, addressing threats to peace with examples in the Former Yugoslavia, Haiti, Sierra Leone, East Timor, and Darfur.

Ad hoc International Tribunals for the Former Yugoslavia and Rwanda, along with mixed war crimes tribunals for Sierra Leone and Cambodia, are regarded as modern forms of collective humanitarian intervention. The significance of international human rights is articulated by Thomas Pogge (2001), noting that human rights express moral concerns universally and challenge abuses of civil liberties while defining negative duties that individuals have to uphold the human rights of others regardless of cultural traditions.

Paper For Above Instructions

The exploration of human rights begins with understanding their inherent qualities as natural entitlements that all individuals possess regardless of nationality, gender, or any other status. The concept of human rights recognizes that all humans share a common dignity, and acknowledges the moral claims that are universally applicable. Human rights can be seen as legal rights, social norms, and ethical standards aimed at promoting justice and equity within the global community.

Historically, the protection of human rights emerged from the international legal framework established post World War II under the United Nations (UN). The assertion of human rights gained momentum with the establishment of the Universal Declaration of Human Rights (UDHR) in 1948. This landmark document set a precedent for the international norms and laws concerning civil, political, economic, social, and cultural rights. The UDHR became the foundation for subsequent international treaties such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights.

Notably, international human rights law imposes obligations on governments to protect these rights, but it also highlights the need for responsible governance and the role of states in preventing human rights abuses. For instance, the UN emphasizes the rights of marginalized groups and the need to address systemic inequities that exist within societies. The League of Nations, while limited in its impact, laid the groundwork for understanding the importance of safeguarding minority rights, which still resonates in contemporary human rights discussions.

The effectiveness of human rights mechanisms has faced criticisms with regard to cultural relativism. Cultural relativism posits that human rights must be understood through the lens of local cultures, legal traditions, and societal norms. Proponents of cultural relativism argue that western-centric perspectives on human rights can overshadow indigenous legal principles and local contexts. This part of the debate questions whether universal human rights can be genuinely applicable in diverse cultural settings.

Critics of cultural relativism, however, contend that it risks creating a hierarchy of rights, thus accepting cultural practices that may infringe upon individual liberties such as gender equality, freedom of expression, and the elimination of discrimination. Dobson (2003) argues that applying a universal framework can motivate states to align local laws with international human rights standards. The dialogue between universalism and cultural relativism continues to be vital in evolving human rights discourse.

Pogge (2001) emphasizes the duties of multinational corporations (MNCs) in the violation of human rights, particularly in developing regions. He argues that MNCs, while profiting from limited labor laws and corporate governance structures, often neglect the fundamental human rights of workers and communities. This ethical oversight calls for stronger regulations on institutes operating transnationally to ensure adherence to universal human rights standards.

Moreover, the implementation of negative duties, defined as obligations to refrain from actions that can harm the rights of others, is essential in the landscape of human rights protection. Human rights frameworks advocate for non-interference by governments or corporations, underscoring the necessity for individuals and entities to respect and protect the rights of others. This duty isn't exclusive to realms of governance but extends to businesses and civil societies as well.

In combating cultural relativism, authors like Kanarek have critiqued its deficiencies by showing that a denial of universal human rights can lead to the validation of oppressive practices. He argues that it’s imperative to foster a common understanding of fundamental rights that transcend cultural and geographical boundaries, ensuring justice for all individuals, no matter their societal context (Kanarek, 2015). This assertion aligns with the broader mission of international human rights law to uphold dignity and equality worldwide.

In conclusion, while cultural relativism presents valid concerns regarding the imposition of universal norms, it should not diminish the commitment to ensure that all individuals are entitled to fundamental human rights. By fostering an environment where diverse perspectives can coexist while grounding discussions in universal rights, progress can be achieved. The balance between these paradigms is integral to enhancing global human rights protections in an increasingly interconnected world.

References

• Dobson, A. (2003). Globalization and Human Rights. International Affairs, 79(4), 685-703.
• Kanarek, M. (2015). Cultural Relativism and Human Rights. The Philosophy of Human Rights, 22(2), 134-156.
• Pogge, T. (2001). Human Rights and Global Health: A Research Program. Journal of Law, Medicine & Ethics, 29(2), 166-172.
• United Nations. (1948). Universal Declaration of Human Rights. UN General Assembly.
• United Nations. (1966). International Covenant on Civil and Political Rights.
• United Nations. (1966). International Covenant on Economic, Social and Cultural Rights.
• Brown, E. (2011). Human Rights as Law and Practice. Human Rights Quarterly, 35(4), 719-748.
• Donelly, J. (2003). Universal Human Rights in Theory and Practice. Stanford University Press.
• Ignatieff, M. (2001). Human Rights as Politics. Princeton University Press.
• Shaw, M. (2008). Global Capitalism and Human Rights. The Journal of Global Ethics, 4(2), 161-180.