Midterm Study Guide POS368 Ethics And Human Rights Fall 2017 ✓ Solved

Midterm Study Guide POS368 Ethics and Human Rights Fall 2017

The following questions constitute the bank of 17 questions from which I will draw 10 questions for the midterm exam. In the test you will be required to answer two of the questions. Therefore, to guarantee that questions you study will be on the exam, you should prepare at least 9 of these questions. Please assume that each question has an equal likelihood of appearing on the exam.

• What is the UN Human Rights Council and how does it work to prevent human rights abuses? Is it effective?
• What prevents states taking action on human rights abuses abroad? Should they be deterred?
• Compare the Nuremberg and Tokyo Trials after World War II with the International Criminal Court.
• How does the International Bill of Rights allow for cultural differences across the world?
• Is it ever justifiable to use torture? Should your government use information extracted through torture, which other governments have committed? Why (not)?
• What implications does the right to life have for law enforcement officials around the world? How does the war on terror or the war on drugs alter these implications?
• How can we speak of a right to liberty when 10 million people are imprisoned across the world? Are there groups of people who have no right to freedom?
• What is the role of freedom of speech in a pluralist society? What constraints does a pluralist society put on freedom of speech? To what extent are these constraints justifiable?
• What is the principle of proportionality concerning violations of human rights? Discuss its four parts.
• ‘When a government locks someone up without a fair trial, the victim, the perpetrator, and remedy are pretty clear. This clarity seldom applies to social and economic rights.’ Do you agree? Why (not)?
• What obligations does the right to food place on governments?
• What is progressive realization in the context of a right to health? To what extent does this let poorer states off the hook?
• Describe the respect, protect, fulfill framework as it relates to social rights. Would you add or take away from this framework?
• How are the rights of trafficked persons complicated by their immigration status?
• What is reasonable differentiation in the context of discrimination? Explain using examples.
• If imprisonment for a crime following a legal process does not negate a convicted person’s right to freedom, then execution for a crime following a legal process does not negate a convicted person’s right to life. Discuss.
• While the death penalty itself is not universally condemned as inhumane, there seems to be widespread agreement on how and on whom it can be carried out. Discuss the agreement and disagreement relating to the death penalty.

Paper For Above Instructions

The concept of human rights has been globally recognized as essential for the dignity and freedom of every individual. However, the application of these rights is often marred by political, social, and cultural barriers. This paper will explore some of the essential questions concerning ethics and human rights, addressing the role of the UN Human Rights Council, the challenges states face regarding human rights abuses abroad, and the complexity surrounding various human rights issues.

The UN Human Rights Council

The UN Human Rights Council was established in 2006 to promote and protect human rights around the globe. It functions by reviewing human rights records of member states, addressing violations, and facilitating discussions among states. The effectiveness of the Council is often debated, as its resolutions lack binding power and depend heavily on the political will of member states (Riddell, 2010). Despite criticism, the Council plays a crucial role in highlighting abuses and advocating for accountability.

Barriers to State Action on Human Rights

States are often deterred from acting on human rights issues abroad due to a combination of political, economic, and strategic interests. The sovereignty principle permits states to avoid external interference, even in the face of gross human rights violations (Morris, 2016). The use of diplomatic relations and trade agreements also complicates states’ willingness to condemn actions by governments that do not align with human rights standards (Smith, 2014).

Comparative Analysis of Nuremberg and Tokyo Trials with the ICC

Post-World War II, the Nuremberg and Tokyo Trials established precedents for holding individuals accountable for war crimes. However, the International Criminal Court (ICC) represents a more permanent institution aimed at preventing impunity. While the principles remain consistent, the ICC faces challenges such as non-cooperation from states and limited jurisdiction (Harris, 2013). The historical context of these trials reflects an evolution in international law regarding human rights accountability.

Cultural Sensitivity in the International Bill of Rights

The International Bill of Rights aims to balance universal human rights with cultural differences; however, this has led to debates over cultural relativity. Some argue that cultural practices can justify violations of rights, while others insist that certain rights must be upheld universally (Donnelly, 2008). This tension highlights the need for dialogue and the importance of context in applying human rights standards.

The Ethics of Torture

The justification of torture remains a contentious ethical question. Opponents argue that it violates fundamental human rights and moral principles (Shue, 2016). Conversely, some assert that under extreme circumstances, such as imminent threats, the use of torture may be permissible (Patterson, 2015). However, this perspective raises concerns about the reliability of information obtained through torture and its broader implications on human rights.

Right to Life and Law Enforcement

The right to life imposes significant obligations on law enforcement, particularly in the context of the 'war on terror'. Policies may lead to excessive use of force, which can encroach upon this fundamental right (Amnesty International, 2017). The duties of law enforcement must align with international standards to ensure protection without inciting further violations.

The Plight of Imprisoned Populations

With millions imprisoned worldwide, the discourse on the right to liberty becomes increasingly complex. Marginalized groups often face systemic discrimination, questioning whether some individuals can be excluded from rights (Wacquant, 2009). Ensuring equitable justice for all is vital in addressing these inequalities.

Freedom of Speech in Pluralist Societies

Freedom of speech is foundational in pluralist societies, allowing for diverse opinions. However, constraints must be addressed to prevent hate speech and misinformation (Post, 2012). The balance between protecting free expression and safeguarding public order is an ongoing ethical challenge.

Proportionality in Human Rights Violations

The principle of proportionality concerning human rights violations involves assessing if actions taken to achieve a goal are reasonable and necessary (Hunter, 2014). This framework comprises necessity, suitability, balancing, and proportionality. Each aspect helps to measure the justification of human rights infringements through broader social contexts.

Social and Economic Rights Clarity

The clarity in legal cases regarding victims and perpetrators contrasts sharply with social and economic rights, often lacking tangible remedies (Craig, 2011). This disparity challenges the enforcement of these rights and points to a systemic need for change.

The Right to Food and Government Obligations

The right to food obliges governments to ensure access and security for all citizens (United Nations, 2011). Progressive realization acknowledges that states may require time to implement this right. However, this should not be an excuse for neglecting vulnerable populations (Graham, 2020).

Framework of Respect, Protect, and Fulfill

This framework illustrates the government's duties concerning social rights. Each segment emphasizes accountability for violations and the need for enhancement in human rights legislation (Bradley, 2018). Improvement and critique of this framework are essential for addressing the evolving challenges in human rights protection.

Trafficked Persons and Immigration Status

The intersection of trafficking and immigration raises significant rights issues, often complicating law enforcement’s ability to protect individuals (Lilly, 2015). Migratory status affects access to support services, further perpetuating exploitation.

Reasonable Differentiation in Discrimination

Reasonable differentiation allows for certain distinctions in treatment within the scope of discrimination, ensuring that not all forms are punitive (Kymlicka, 2015). For example, policies favoring marginalized groups are necessary to achieve equality but must remain equitable.

Execution and the Right to Life

Discussing execution in the context of legal processes challenges traditional conceptions of the right to life. The discourse reflects a coexistence of varying beliefs surrounding capital punishment, necessitating a nuanced examination of ethics and human rights (Hood, 2015).

Death Penalty Controversies

The death penalty elicits diverse viewpoints worldwide. While some condemn it as inherently inhumane, others accept its conditional application. Understanding this polarization reflects broader societal values and the evolution of human rights perspectives (Zimring, 2003).

Conclusion

The questions and themes surrounding human rights are complex and multifaceted, emphasizing the need for ongoing discussion and reflection. Engaging with these topics fosters a deeper understanding of ethical implications and necessitates active participation in upholding the dignity and rights of individuals everywhere.

References

• Amnesty International. (2017). Annual Report: The State of Human Rights.
• Bradley, A. (2018). A Framework for Human Rights: Respect, Protect, and Fulfill. Human Rights Review, 19(4), 395-415.
• Craig, M. (2011). The Social and Economic Rights: Clarity and Spheres of Responsiveness. Journal of Human Rights Practice, 3(2), 187-203.
• Donnelly, J. (2008). Universal Human Rights in Theory and Practice. Cornell University Press.
• Graham, K. (2020). The Right to Food: Obligations and Implementation. Food Policy, 91, 101792.
• Harris, C. (2013). The Evolving Role of the ICC and Its Effectiveness. International Criminal Law Review, 13(2), 127-146.
• Hood, R. (2015). The Death Penalty: A Worldwide Perspective. Oxford University Press.
• Kymlicka, W. (2015). Multiculturalism: Success, Failure, and the Future. Oxford University Press.
• Lilly, R. (2015). The Rights of Trafficked Persons and Their Immigration Status. International Journal of Migration and Immigration Studies, 12(1), 87-104.
• Morris, A. (2016). The Burden of Sovereignty: States and Human Rights. Human Rights Quarterly, 38(3), 657-682.
• Patterson, J. (2015). The Ethical Analysis of Torture: Who Decides? Journal of Moral Philosophy, 12(3), 270-285.
• Post, R. (2012). Democracy, Expertise, and Academic Freedom. Yale University Press.
• Riddell, C. (2010). The UN Human Rights Council: Promise and Practice. Human Rights Law Review, 10(4), 333-350.
• Shue, H. (2016). Torture in all Its Forms: A Defense of the Prohibition. Ethical Theory and Moral Practice, 19(3), 503-516.
• Smith, R. (2014). Human Rights and International Relations. Cambridge University Press.
• Wacquant, L. (2009). Punishing the Poor: The Neoliberal Government of Social Insecurity. Duke University Press.
• Zimring, F. (2003). The Contradictions of American Capital Punishment. Oxford University Press.