11B Human Rights
LUBAN: Human rights are nothing less than a demand of all humanity on all of humanity
•
explosive vehicles used indiscriminately in heavily populated areas
• Outside of Cherniv, found cluser ammunition----inaccurate, devastating weapon outlawed by most
countries.
• Illegal detention and capture of locals, evidence of torture by electric shocks.
• People kept in dug out pits
• War crimes
• Mass graves
• UN Human Rights Watch study
◦ pattern of war crimes not novel, already done in Syria
◦ Its repeat reveals lack of accountability
• Myanmar military 2017
◦ massacre, rape and arson against Rohingyan----muslim minority of Myanmar
PYQs:
• Discuss the imp personal data protection in the context of HR (2019)
• Critically examine the notion of "Asian Values" in the context of the on-going debates on human
rights. (2018)
• Do you endorse that the conventional discourse on human rights has failed to include women’s
rights ? Explain in the context of feminist theories. (2017)
• HR -- Analyze range and complexity of HR in the globalised era
• Moral claims of today becomes the human rights of tomorrow. Trace the efforts in the international
protection of human rights in the twentieth Century (2001)
Range and Complexity of Human Rights in Globalized Era
• What do you understand by three generations of human rights?
• “Human Rights constitute the Third Generation of rights’. Analyse the range and complex
dimension of human rights in the globalised era.
Define Human Rights
Human Rights are rights inherent to all human beings regardless of particular conditions of social
recognition like sex, nationality, ethnicity or any other status.
Human Rights
• 'All human beings are born free and equal in dignity and rights'- UN Declaration of Human Rights,
1948, Article 1
• Human rights are characterised to be
◦ universal
◦ fundamental
◦ indivisible
◦ absolute
• UDHR
◦ International Covenant on Civil and Political Rights
◦ International Covenant on Economic, scocial and cultural rights
Nature and types of human rights
• Karel Vasak Three generations
◦ Introduced by human rights scholar and UNESCO advisor Karel Vasak.
1. 1st Gen: 18th and 19th century; Key theme: Liberty
Civil, political rights such as life, liberty, property, participation in political life, freedom from
discrimination. Seen as ‘negative’ as constraints are to be placed on others, particularly the
state, to enjoy these; national in character; Eg rights enshrined in the US Bill of Rights
2. 2nd Gen: 20th century: Key theme: Equality
Social, economic and cultural rights; drew from socialist ideas of social justice; includes right
to health, education, work. Positive rights that need state intervention; national in character
3. 3rd Gen: Post 1945; Key theme: Fraternity
Collective-development rights - attached to social groups/identities’; ex: self determination,
indigenous rights, protection of environment; international in character; Eg: the 1992 Rio
Declaration on Environment and Development
Range of human rights: HR include
1. Civil and political rights (Article 3 to 21 of UNDHR): expression, freedom from arbitrary arrest,
participation in public affairs and elections
2. Cultural rights: right to participate in cultural life
3. Economic: to work, equal pay
4. Social rights: freedom from discrimination, clean environment
HR in Globalised Era:
1. What do Human rights mean
2. Third generation of rights
3. Globalised world, new demands on human rights
4. Changed the nature
a. CNN effect: violations---universal knowledge
b. movement of people---eg Kafala--Indian Diaspora in West Asia
c. not one narrative but
i. UDHR
ii. Bangkok Declaration 1993
iii. Cairo Declaration on Human Rights in Islam
5. New challenges
a. Transnational terrorism
b. Cyber violations
i. eg Sulli Deals---human right
c. Data protection
6. Also a multilayered regime of response
a. Office of the UN High Commissioner for Human Rights
• promote worldwide respect for human rights
• enforce human rights law
• publish and denounce violations by individual states
• Naming and Shaming---persuasion and observation
b. UN's Human Rights Council
• only make recommendations to General Assembly
• address situations of human rights violation
c. Prominent Role of NGOS
• over 1500 NGOs participated in the World Conference on Human Rights in Vienna
• International Committee of the Red Cross
• Medecins Sans Frontieres
• Oxfam
• Human Rights Watch
• Amnesty International
• Amnesty and International Commission of Jurists:
◦ 1975 Declaration on Torture
Implications of human rights for global politics
1. Universal and fundamental
2. Invest governments with powerful obligations, affecting foreign and domestic policies.
3. Protection and realisation of human rights----key role of government
4. For Liberals, this is the key role
5. Interactions between states---- need human rights dimension
6.
7. Imposes major constraints on behaviour of national government
8.
9.
10.
11.
12.
13.
14. this imposes major contraints on the behaviour of national government
a. in how they treat their domestic population
b. as well as other people and countries
15. matters of
a. Just war
b. foreign aid
c. trade policies
d. Liberal/ humanitarian interventions
16. Undermines the Westphalian ideal of sovereignty, concept of borders
a. Moral concern extends beyond national borders
17. LUBAN: Human rights are nothing less than a demand of all humanity on all of humanity
18.
Growing acceptance of doctrine of human rights therefore goes hand in hand with growth of
cosmopolitan sensibilities
19. THOMAS POGGE: human rights fulfill each of the three elements of cosmp
a. individualism
b. universality
c. generality
20. Cosmpolitan implications
a. use international law
b. soft law to set standards for the behaviour of states
c. strengthen regional and global governance
d. constrain and redefine nature of state sovereignty
Human Rights regime
(OHCHR, UNHCR, NGOs-1993 world conference on human
rights, Vienna)
• Since 1948, elaborate international regime
• At the heart of this regime
◦ UN Universal Declaration of Human Rights
▪ though not legally binding
▪ seen as a form of customary international law that is used as a tool to apply diplomatic and
moral pressure to governments that violate any of its articles
▪ States can in effect not violate the principles, without coming onto the principal agenda of the
UN
▪ the Declaration challenged states' exclusive jurisdiction of their own citizens
▪ weakened the principle of non-interference in domestic affairs
◦ Incorporation of declaration into legally binding codification of human rights law
▪ adoption in 1966: of international covenants on Civil and Political Rights
▪ Econmic Social and Cultural Rights
◦ Collectively, the 1948 Declaration and the two covenants are commonly referred to as the
'International Bill of Human Rights'
◦ Until mid 1960s: UN was concentrated almost exclusively on the generation of human rights
norms and standards
◦ Subsequently: FOCUS ON IMPLEMENTATION
▪ Office of the UN High Commissioner for Human Rights
• Role of High Commissioner is to promote worldwide respect for human rights enshrined
in international laws by supporting the bodies created by human rights treaties
• Office of High Commissioner proved to be more effective in highlighting human rights
violations that in enforcing human rights law
• As its main sanction remains publication and denunciation of ciolations by individual
states: NAMING and SHAMING; the Office relies very largely on persuasion and
observation to improve governments' human rights policies
◦ UN's Human Rights Council
▪ also addresses situations of human rights violation
▪ however no authority other than to make recommendations to General Assembly which in
turn can only advise the Security Council
▪ been criticised for being biased and inconsistent in exposure of human rights abuses
▪ it includes states having dubious human rights record
▪ also states who protect each other from criticism
◦ Prominent Role of NGOS
▪ over 1500 NGOs participated in the World Conference on Human Rights in Vienna
▪ International Committee of the Red Cross
▪ Medecins Sans Frontieres
▪ Oxfam
▪ Human Rights Watch
▪ Amnesty International
▪ Amnesty and International Commission of Jurists:
• 1975 Declaration on Torture
▪ Criticism of NGOs
• cannot force governments to change their ways
• their impact within UN is weakest in relation to Security Council
• Criticised for adopting a bandwagon approach: joining in on popular, media led issues in
the hope of enhancing status or attracting funding
◦ European efforts
▪ European Convention on Human Rights
▪ enforced by European Court of Human Rights in Strasbourg, France
Challenges to Human Rights
• Violations
◦ Russia in Ukraine
▪ Cluster ammunition
▪ Mass graves in Bucha
▪ Torturing---electric shocks
◦ Xinjiang
◦ UN Assistance Mission in Afghanistan
◦ Myanmar- Rohingya
• Cultural responses
◦ Bangkok Declaration -Asian Values
◦ Cairo declaration on Human Rights in Islam
• Transnational Terrorism
◦ Islamic State Khorasan---Kabul Attack
◦ Lone wolf
◦ Radicalisation
• Military excesses
◦ AFSPA---Mon district, 13 killings
◦
• Challenges the universalist assumptions that underpin human rights creating a battle between
universalism and relativism
• PHILOSOPHICAL BACKLASH
◦ Communitarianism: liberal view of individuals as atomized, asocial, 'unencumbered self' makes
little sense: MICHAEL SANDEL AND TAYLOR
▪ Self is embedded in the community.
◦ Postmodernist backlash:
▪ Lyotard: incredulity towards metanarratives
▪ critique of the 'Enlightenment project' rooted inobjective truths and universal values
◦ POSTCOLONIAL CRITIQUE
▪ Circumstances vary from society to society and culture to culture, to require differing moral
values
▪ Universal values and more particulraly human rights as a form of Cultural imperialism
• EDWARD SAID: ORIENTALISM: critique of Eurocentrism, in which Orientalism ensures the
cultural and political hegemony of Europe in particular, and of the West in general
◦
Critique:
1. Captures categories and not time frames as is often meant by the term ‘generations’; because
often these three generations of rights can be found at one point in history. For example: the
Indian constitution talks of all three types of rights, the french revolution was both about political
and socio-economic rights
2. Divide between these rights not useful: political rights meaningless without social rights
3. Eurocentric - Promotes hierarchy of human experiences by placing French and American historical
experiences as the starting point
Theoretical perspectives on human rights: WPT document
Responsibility to Protect:
• Responsibility to protect is a reinterpretation of the concept of sovereignty in the context of human
rights. It is a concept originated after the end of cold war.
• The end of cold war has resulted into the rise of ethnic conflicts and civil wars. World has
witnessed intra-state conflicts rather than inter-state conflicts. e.g. Bosnia Herzegovina, Rwanda,
Sri Lanka.
• Civil wars created new challenges in international law e.g. Article 2 (7) of UN Charter prevents UN
intervention in the domestic affairs of the states. It is to be noted that UN Charter is based on the
Westphalian notion of sovereignty, according to which state is sovereign and no external institution
can interfere in the domestic affairs of the state.
•
The conventional understanding of sovereignty is ‘power of the state’. R2P redefines sovereignty as
‘responsibility’ rather than power. State has been given right to use power not to kill the people but
to protect them.
• In case state fails to fulfil its responsibility because of lack of capacity or state itself start violating
the rights of its people (Myanmar – Rohingya crisis) in such situations it becomes the responsibility
of international community to protect.
• R2P permits international community to intervene in case of civil wars. However there are some
guidelines
◦ 1)Force to be used only as a last option
◦ 2) The use of force has to be proportionate.
• The use of R2P has been controversial. The two most controversial examples are 1) Libya 2) Syria.
• Hence Brazil has proposed ‘Responsibility While Protecting’. According to the resolution it is
necessary to ensure the accountability of those who implement the resolution. In case they
transgress the limits, they have to be penalized.
Universal Declaration of Human Rights (UNDHR) 1948: important articles
Article I: All human beings are born free and equal in dignity and rights.
Article 28: Everyone is entitled to a social and international order in which the rights and freedoms set
forth in this Declaration can be fully realized.
Not restricted to UNHDR
Other are:
1. Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW)
2. Convention of the rights of child
3. Convention against Torture
Critically examine the protection and enforcement of human rights under the UN system -- see Word
Doc in UN
Post WWII there has been an elaborate international regime to protect and promote human rights
globally. The United Nations stands at the heart of this system.
1. The UN Universal Declaration of Human Rights adopted in 1948 declares that states cannot violate
human rights without risking action. Though it is not legally binding, it applies moral and diplomatic
pressure.
Criticism: weakens principle of non-interference in domestic affairs
2. Two legally binding codes were incorporated in the declaration: Covenants on Civil and Political
Rights, and Economic, Social, and Cultural rights - together referred to as Intl Bill of Human Rights
3. After 60s, UN placed more emphasis on implementation of HR
4. A major step in this direction was establishing the Office of UN High Commissioner for HR. Crit: It
has been more effective in highlighting human rights violations than in enforcing human rights laws.
5. The Human Rights Commission was criticised for being biased and inconsistent; Eg:
6. It was replaced by the Human Rights Council in 2006, which has also faced similar criticism. It
includes members with dubious HR record and member-states tend to protect each other. Eg:
Burundi was
7. Accused of selectivity for singling out Israel for violations committed against Palestine and
reduced scrutiny of other abusers like Saudi Arabia, North Korea, Syria.
8. Has not been able to protect human rights defenders from state reprisals
Conclusion: UN is one of the many tools to advance human rights. But, even with its faults, it remains
the only body with the legitimacy and universality to do so across the world.
“Moral claims to today become the human rights of tomorrow”. Trace the efforts of international
protection of human rights in the 20th century.
Sovereign nation state and international concern for human rights. Comment.
([Link]
Universal Declaration of human rights seen a challenge to the Westphalian state-centric conception of
international system: sovereignty based on territory, citizenship. Write a little more about sovereignty: it
means internally, states have exclusive power over all affairs, including legislative and judicial areas;
and externally it implies freedom from interference by other states.
How?
1. Human rights in principle disregard national borders
2. The declaration concerns matters between state and its own population rather than inter-state
relations
3. It concerns “all human beings”, rather than nationals/citizens
4. It is a proclamation of universal values rather than negotiated by different states keeping their
interests in mind
Govts may feel obligated to protect human rights not only in their own countries, but concerns may
extend to taking action or preventing other countries from violating human rights within their own
borders. This is called ‘humanitarian intervention’
COVID-19
UN High Commissioner for Human Rights said countries flouting the rule of law in the name of fighting
coronavirus risks sparking a ‘human rights disaster’
Do you endorse that the conventional discourse on human rights has failed to include women's rights?
Explain in the context of feminist theories.
Universal Declaration of Human Rights 1948 states that “Everyone is entitled to all the rights and
freedoms set forth in this Declaration, without distinction of any kind, such as […] sex”.
Feminist theory: Personal is political; there should be no public-private dichotomy
Built on typically male experiences and do not represent most pressing risks women face: like sexual
rights
Conclusion: Human rights must also arise from differences, and not just from similarities between
human beings.
Asian Values
Critically examine the notion of ‘Asian Values’ in the context of on-going debates on human rights.
There is a debate on universality
Problems with the idea of Asian Values
Amartya Sen: Democracy is universal, cannot be said to belong to a single culture
“Human rights and environmental rights are linked.”
• ASIAN VALUES
◦ Asian critique of human rights
◦ reflects the distinctive history, culture and religious backgrounds of Asian societies.
◦ Key Asian values include
▪ social harmony,
▪ respect for authority
▪ belief in the family
▪ each of which is meant to sustain social cohesion.
◦ They challenge and
▪ seek to counter balance the bias within traditional conceptions of human rights
▪ in favour of rights over duties and
▪ in favour of the individual over the community
◦ From Asian values perspective, political legitimacy
• is more tied up witheconomic and social development than it is with democracy and civil
liberty.
◦ Champions of Asian values are not absolutely dismissive of human rights, but place more
emphasis on economic and social rights ovver WESTERN civic and political rights
◦ The Bangkok Declaration of 1993:
▪ adopted byAsian Ministers in the run up to the Vienna World Conference on Human Rights--
-
▪ thus attempted a delicate balancing act by recognising
• both the distinctiveness of Asian cultures and
• the interdependence and indivisibility of human rights
• ISLAMIC RESERVATIONS about HR
◦ evident since Saudi refused to adopt the UN Declaration in 1948 on the grounds that it violated
important Islamic principles
◦ notably, its rejection of apostasy(the abandonment or renunciation of one's religion)
◦ The CAIRO DECLARATION ON HUMAN RIGHTS IN ISLAM (1990) acts as the basis of the Islamic
critique of human rights.
▪ it emphasises that rights, and all moral principles derive from divine, rather than human
authority
▪ UN declaration or any other law deemed to be invalid if they conflict with values and
principles outlined in Sharia law
Defining Hu
Humanitarian Intervention
• Given the Westphalian ideal of sovereignty, intervention is seen as untenable.
• However, seen justified on humanitarian grounds.
• EARLY THEORISTS of HUMANITARIAN INTERVENTFrancisco de Vitoria and Hugo Grotius: each
acknowledged a right of intervention to prevent maltreatment by a state on its subjects.
Does it work?
• judge it not in terms of motives or intentions, or international law, but in terms of outcomes
• Beneficial examples
◦ establishment of a 'no-fly zone' in Northern Iraw in 1991 not only prevented possible reprisal
attacks and even massacres after the Kurdish uprisings but also allowed Kurdish areas to
develop a significant defree of autonomy
◦ Intervention of KOSOVO in 1999 succeeded in its goal of expelling Seribal police and military
from the are
▪ helped end massive displacement of populations
Intervention in SIERRA LEONE: was effective in bringing an end to a ten-year-long civil war that
◦
had killed 50,000 people and also in providing the basis for parliamentary and presidential
elections, held in 2007
• Not been so effective
◦ UN peacekeepers have sometimes een sidelined as humanitarian catastrophes have occured: ex
Congo
◦ other interventions quickly abandoned as unsuccesful: ex as Somalia
◦ resulted in protracted counter insurgency struggles: Afghanistan and Iraw
◦ Deepest problem is that more harm than good
◦ Replacing old dictators with foreign occupying forces may increase tensions create greater risk
of civil war
◦ subjecting civilians to a state of constant warfare
◦ civil strife due to an effective breakdown in government authority, foreign intervention may make
things worse
YES
1. HUMANITARIAN INTERVENTION: EAST TIMOR: forcible intervention carried out by the international
community can bring positive results
2. Humanitarian: afghanistan, Iraq
a. violated rights of women
b. who were excluded from education, careers in piblic life
c. SADDAM regime in Iraw was seen as an ongoing threat to the KURDS in the north and the
majority SHIA POPULATION
d. Regime change, through the overthrow of the Taliban and Saddam Hussein therefore promised
to bring about respect for human rights, greater tolerance and establishment of democratic
government.
3. Indivisible humanity: common humanity knows no artificial bounds of borders
4. Global Interdependence: responsibility to act in relation to events happening in other parts; states
no more can act as islands. Also act in enlightened self interest; ex to prevent a refugee crisis that
will have spill over effect
5. Regional stability: state failure and radicalism
6. Promoting democracy: particularly if people unable to alleviate hardship. Democracy promotion
7. International Community commitment to shared values but strengthening it by establishing clearer
guidelines for the way in which governments should treat their people. 'Responsible Sovereignty'
NO
1. Discourse of 'War on terror'
2. In both Iraq and Afghanistan, humanitarian intervention was mere excuse; self defence was
actually the primary justification for military action: preventing future 9/11s
3. Against International law: International law only authorises this in case of self-defence
4. National interests rule: states motivated ultimately by national self-interest
5. Double standards: pressing humanitarian emergencies which are never highlighted and taken up:
for example Chechnya and Tibet
6. Simplistic politics: case for intervention based on simplistic good vs evil image of political conflict
7. Moral pluralism: Humanitarian intervention can be seen as a form of cultural imperialism: NOAM
CHOMSKY: DETERRING DEMOCRACY: "USA packages its imperialism in the form of democracy
promotion and humanitarian intervention"
The crisis is what Aurobindo Ghosh would call the domination of TAMAS: or Animal extincts. The
solution in attaining SACHIDANAND: Flowering of the mind