Chapter 3

Human Rights

International human rights–based organizations like the UN Commission on Human Rights have made
­monitoring human rights a global issue. The United Nations is headquartered in New York City.

Learning Objectives
3.1 Review the expansion of and the 3.6 Relate the need for stricter laws to
commitment to the human rights protect women’s human rights across
agenda the globe.
3.2 Evaluate the milestones that led to the 3.7 Recognize the need to protect the human
current concerns around human rights rights of the disabled
3.3 Evaluate some of the philosophical 3.8 Distinguish between the Western and
controversies over human rights the Islamic beliefs on individual and
community rights
3.4 Recognize global, regional, national,
and local institutions and rules designed 3.9 Review the balancing act that needs to
to protect human rights across the be played while fighting terrorism and
globe protecting human rights
3.5 Report the efforts made globally in bringing 3.10 Report the controversy around issuing
violators of human rights to justice death penalty as punishment
26
 Human Rights 27

When Muammar Qaddafi used military force to

suppress people demonstrating in Libya for a transition
3.1: Globalization and
to democracy, there was a general consensus that
there was a global responsibility to protect civilians.
Human Rights
However, when Bashar Assad used fighter jets, tanks, 3.1 Review the expansion of and the commitment to
barrel bombs, chemical weapons, and a wide range of the human rights agenda
brutal methods, including torture, to crush the popular The modern state provided increased security, but it also often
uprising against his rule in Syria, the world did not became a cold instrument for systematically abusing human
respond forcefully to protect civilians. The basic reason rights. In fact, it was due to violence against Jews, Gypsies,
given for allowing Syria to descend into brutality and gays and lesbians, Communists, religious groups, and others
chaos was that it was difficult to separate Syrians in Nazi Germany—which culminated in the Holocaust—that
favoring human rights from those who embraced human rights became so prominent in global affairs. The
terrorism. Although cultural values differ significantly current wave of globalization has undoubtedly enhanced
from one society to another, our common humanity has the observance of human rights. Telecommunications, trade,
equipped us with many shared ideas about how human migration, travel, the weakening of national boundaries,
beings should treat each other. Aspects of globalization, the decline of Westphalian sovereignty, and growing
especially communications and migration, reinforce interdependence have strengthened a commitment to human
perceptions of a common humanity. In general, there rights. Information is now relayed instantaneously, which
is global agreement that human beings, simply because helps limit governments’ ability to engage in secrecy and
we exist, are entitled to at least three types of rights. brutality. Because their interests are intertwined with those of
First is civil rights, which include personal liberties leading global actors, countries must consider the costs and
such as freedom of speech, religion, and thought; the benefits of decisions concerning their treatment of citizens.
right to own property; and the right to equal treatment The rise of the United States to global power and its
under the law. Second is political rights, including competition with the Soviet Union for the hearts and minds
the right to vote, to voice political opinions, and to of people around the world marked a turning point in the
participate in the political process. Third is social struggle for human rights. This period of ­globalization
rights, including the right to be secure from violence ­radically transformed the perception that domestic a­ ffairs
and other physical danger, the right to a decent standard could be automatically separated from ­international
of living, and the right to health care and education. ­p olitics. A deeper awareness of the i­ndivisibility of
Societies differ in terms of which rights they emphasize. ­humanity and of our problems weakened the idea that
Four types of human rights claims that dominate global ­governments are essentially free to treat their citizens as
politics are they wish. ­America’s self-definition as a redeemer nation
1. The abuse of individual rights by governments and a p ­ ositive force made human rights a central global
2. Demands for autonomy or independence by various ­issue. Several other factors contributed to the expansion of
groups and commitment to the human rights agenda:

3. Demands for equality and privacy by groups with 1. The creation of global institutions to protect human rights.
­unconventional lifestyles 2. A growing acceptance of the interdependence and in-
4. Claims by governments to economic growth divisibility of rights. Violations of rights in one coun-
and protection from other nations and nonstate try have implications for people in other countries.
actors1 3. An emphasis on promoting democracy. The idea that
We will examine historical and philosophical foundations ­democracy is essential to peaceful international rela-
undergirding the development of human rights. Eco- tions became a central part of U.S. foreign policy.
nomic and political sanctions are often used to achieve 4. The view that respect for human rights facilitated
compliance with human rights commitments. In extreme ­market-based economic development.
cases, countries support humanitarian intervention to 5. The effectiveness of nonstate actors.
terminate violations of human rights. One of the most
significant developments is the emphasis on women’s
human rights. In this chapter, we will discuss rape as a
3.1.1: Nongovernmental
weapon of war. We will also examine the treatment of
people with disabilities in relation to human rights. The Organizations and Human Rights
chapter concludes with a case study on homosexuals and Human rights organizations directly challenged the
human rights. assumption that sovereignty allows governments to
28 Chapter 3

abuse internationally recognized human rights. Partly

due to frustrations with other governments’ bureaucratic
3.2: Development
approaches and often counterproductive measures to
protect human rights, transnational groups now take
of Human Rights
direct action to prevent violations of basic rights. Amnesty 3.2 Evaluate the milestones that led to the current con-
International, one of the best-known human rights cerns around human rights
nongovernmental organizations (NGOs), was founded Greek philosophers known as Stoics developed the idea
in London in 1961 by a group of writers and lawyers. It that rights enjoyed by Greeks were universal rights,
publishes reports on human rights problems in countries freedoms that humans everywhere were entitled to simply
worldwide. It also encourages its global membership to because humans exist. These rights emanated from a law
participate in letter-writing campaigns to seek the release that was higher and more permanent than civil law—a
of prisoners of conscience; that is, individuals who are universal law that was equated with the laws of gods. These
imprisoned because governments disapprove of their laws were natural laws. Greek philosophy was adopted
political, religious, social, or other beliefs. by the Romans. Marcus Tullius Cicero, Lucius Annaeus
Seneca, and Marcus Aurelius were some of the leading
3.1.2: Global Companies and Roman Stoics. Cicero (106–43 bce), the most prominent
Human Rights lawyer and philosopher of the Roman Empire, wrote that
“true law is right reason in agreement with nature; it is of
Human rights activists are increasingly pressuring global universal application, unchanging and everlasting.”2
companies to make the promotion and observation of
human rights a centerpiece of their corporate strategy. 3.2.1: Social Contract Theories
Google’s operations in China and its willingness
to cooperate with the government raised questions and Human Rights
about links between business and respect for human A major step toward widespread acceptance and practice
rights. Many students and activists around the world of natural rights was the significant recognition by
have made issues such as child labor and sweatshops England’s kings, barons, and others that citizens were
integral components of human rights debates. Now entitled to exercise basic freedoms without interference from
we are seeing greater emphasis placed on corporate their leaders and that such leaders’ powers were limited
social responsibility, which includes safeguarding by law and a sense of justice and fairness. The signing
the fundamental rights and freedoms of individuals. of the Magna Carta in 1215 was followed by England’s
Companies are expected to secure human rights in King Edward III’s acceptance in 1354 of the concept of
countries where governments routinely violate them. due process of law, which means that a person cannot
To some extent, the companies’ new role reflects the be deprived of life, liberty, or property without a fair trial
growing power of nonstate actors vis-à-vis nation-states. based on fair procedures and rules. Another important
The most powerful companies with global recognition are step toward consolidating human rights was the decision
also the most vulnerable to pressure from human rights of King Charles I of England, in his Petition of Rights in
NGOs and the global media. Many companies believe 1628, to guarantee the right of habeas corpus; that is, the
that supporting human rights is good for business. right of a person to be brought before a judge or a court
Increasingly, global companies are regarded as powerful to determine whether he or she should be imprisoned.
instruments in the pursuit of human rights. Restrictions on governments emerged from various
How much companies observe and promote human historical experiences but more directly from social
rights depends to some extent on their strategies and what contract theories. John Locke, an English philosopher,
they produce. Corporations that pursue a market-building argued in his Second Treatise on Government (1690) that
strategy are distinguished from those that adopt a cost-­ the state of nature was governed by natural law. People
minimizing strategy. Market-building companies are less were relatively secure and free and could acquire property.
likely to abuse human rights than are cost-minimizing From Locke’s perspective, the social contract between
firms, which are more short-term oriented and more citizens and government protected these natural rights.
vulnerable to the pressures of globalization to increase Nowhere are Locke’s ideas expressed more forcefully than
profits at the expense of employees’ human rights. Market-­ in the American Declaration of Independence.
building strategies involve making significant investments Another advocate of the social contract was the French
that are unlikely to produce immediate profits. Equally im- philosopher Jean-Jacques Rousseau. However, R ­ ousseau
portant, companies pursuing such strategies tend to have ended up supporting a social contract that subordinates
a greater commitment to the people and the country in individual freedoms to the tyranny of the majority. His
which they operate. philosophy justified the government’s absolute power
 Human Rights 29

over citizens.3 Immanuel Kant developed the idea that hu- laws, not from abstract philosophical theories of natural
man rights are directly linked to an inviolable obligation laws.5 What distinguished the legal positivists from the
that we have to ourselves and to others. Kant believed that utilitarians was the extent to which the former insisted on
these obligations are universal and binding on all of us no the absolute supremacy of laws and courts in determining
matter where we live, thereby underscoring the concept of rights. After World War I, the legal positivists became
the indivisibility of humanity and universal nature of hu- more extremist, arguing that law was what courts upheld
man rights. The most profound of these obligations is the and that justice was the correct enforcement of the law. Yet
categorical imperative, that is, the absolute obligation that those bound to honor specific laws had to have given their
each of us should always treat humanity never simply as a consent.
means but always at the same time as an end.4
3.2.4: Globalization of Human Rights:
3.2.2: Utilitarianism, Libertarianism, The Universal Declaration
and Marxism of Human Rights
Jeremy Bentham, James Mill, and John Stuart Mill were Concerns about human rights occurred largely within the
among those who developed the theory of utilitarianism, context of domestic politics. An overriding emphasis on
directly challenging the idea that human beings have state sovereignty, which included a preoccupation with
natural rights. The utilitarians, led by Jeremy Bentham, independence and control over citizens’ lives, prevented
believed that individuals determine what is good for them broader applications of human rights philosophies
and what they want. Conversely, they avoid the things f ro m e m e rg i n g . B u t i n c re a s i n g g l o b a l i z a t i o n —
that cause them pain. In his Principles of Morals and especially European colonization of the Americas and
Legislation (1789), Bentham used his training as an Oxford- the enslavement of Africans and others—engendered
educated lawyer to develop a scientific analysis of morals greater global attention to human rights issues that
and legislation. Through the careful balancing of individual transcended national boundaries. The horrors of slavery
interests, individual rights arise and are protected. shocked people in Europe and the Americas and led to
But John Stuart Mill questioned major assumptions an antislavery campaign in the nineteenth century. At
of utilitarianism. He stressed that the government, repre- the Congress of Vienna in 1815, seven years after the
senting the majority, can brutally suppress the rights of in- United States had ceased importing enslaved Africans
dividuals. This fear of the tyranny of the majority is what as required by the U.S. Constitution, leading countries
motivated Jefferson and others to insist on the inclusion of generally supported abolishing the slave trade. The First
the Bill of Rights in the U.S. Constitution to protect indi- Anti-Slavery Convention was held in London in 1840
viduals who disagree with the majority. Mill articulated by the Anti-Slavery Society, the oldest global human
his philosophy in On Liberty (1859). He argued that one rights NGO. Wars also helped globalize human rights.
could justify interfering with an individual’s liberty only Horrified by the death and suffering of soldiers at the
to prevent that person from harming others, an assump- battle of Solferino in Italy in 1859, Jean Henry Dunant, a
tion that must be proven by government authorities. Swiss citizen, decided to publicize what he saw and to
Another challenge to prevailing perspectives on hu- “humanize” war. These efforts resulted in the creation
man rights came from socialist philosophers such as Saint of the International Committee of the Red Cross in 1863,
Simon and Karl Marx. Marx believed that the history of so- which was followed by the approval of the First Geneva
ciety is a history of class struggle. Marx and Saint Simon Convention in 1864. The convention was designed to
argued that traditional human rights were largely irrele- humanize war by making rules for the treatment of
vant to the majority who lived in poverty. They advocated wounded and sick soldiers and sailors, prisoners of war,
that governments should develop policies that give people and medical personnel. World War I led to the creation
economic and social rights. of the League of Nations in 1919, which made protecting
inhabitants of dependent territories and trafficking
3.2.3: Legal Positivism and children and women international human rights issues.
The covenant of the League of Nations also made the
Human Rights protection and treatment of workers an international
Closely related to utilitarianism are the positivistic theories human rights concern.
and conservatism. Some conservatives, such as Edmund Nazi Germany’s brutal march across Europe and
Burke, strongly opposed natural rights theories. Strongly the rise of the United States as the leading global power
influenced by the Reign of Terror that followed the French under the leadership of President Franklin Delano Roo-
Revolution, Burke believed that individuals derived sevelt combined to give the impetus to make human
whatever rights they have from tradition and concrete rights global. America’s self-perception as a nation with a
30 Chapter 3

universal message facilitated this development. Address-

ing Congress in January 1941, President Roosevelt com-
3.3: Philosophical
mitted the United States to securing four freedoms for the
world: freedom of speech and expression, freedom of reli-
Controversies Over
gion, freedom from economic hardship, and freedom from
fear. Achieving these freedoms became the centerpiece of
Human Rights
the Atlantic Declaration made by President Roosevelt and 3.3 Evaluate some of the philosophical controversies
Britain’s Prime Minister Winston Churchill in August over human rights
1941. The allies met in Washington, D.C., under the aus- The question on justice and torture in Saudi Arabia raises a
pices of the American Law Institute to draft a declaration fundamental philosophical controversy over human rights,
or bill of international human rights.6 These developments one that persists and grows as societies feel increasingly
laid the foundation for including human rights in the threatened by the realities of cultural globalization. Other
charter of the United Nations (UN) when it was founded such controversies involve (1) the relationship between
in 1945 in San Francisco. The UN charter provided for the individuals and the communities in which they live,
formation of the Human Rights Commission, with the ma- (2) the relationship between rights and obligations, (3) the
jor responsibility for drafting global human rights stan- prioritizing of rights and responsibilities, and (4) the
dards. The final result of these efforts was the adoption by absolute or conditional quality of various human rights.
the UN General Assembly of the Universal ­Declaration of
Human Rights (UDHR) in 1948. Eleanor Roosevelt played
a crucial role in this accomplishment. She was largely 3.3.1: Universalism Versus Cultural
responsible for promoting the use of the term human Relativism
rights instead of the traditional emphasis on the rights of As we have seen, Greek and Roman Stoics articulated the view
man, which actually meant just that. It is also important that people have natural rights no matter where they live. But
to point out that the Convention on the Prevention and even in societies that stress universal human rights, cultural
Punishment of the Crime of Genocide (the Genocide Con- factors often complicate these theories. The United States, for
vention), a direct response to the Holocaust, was adopted example, simultaneously embraced natural rights and slavery.
by the UN General Assembly the day before it adopted In other words, countries modify their support of universal
the UDHR. Although the world was united in its deter- rights by practicing cultural relativism. Often, leaders and
mination to promote human rights, differences between ordinary citizens do not recognize their own biases in this
the United States and the Soviet Union later led to the regard. Proponents of cultural relativism believe that rights
adoption in 1966 of two separate international covenants: enjoyed by individuals are determined by each country’s
the International Covenant on Civil and ­Political Rights specific cultural and historical experiences. Consequently, what
(ICCPR), which stressed negative rights and was favored is acceptable behavior in one country could be a violation of
by the United States, and the I­ nternational C ­ ovenant on human rights in another. Amputating limbs in Saudi Arabia, for
Economic, Social, and C ­ ultural Rights (­ICESCR), which example, is viewed in that society as reasonable punishment.
focused on positive rights and was f­ avored by the Soviet Americans reject that punishment as barbaric. On the other
Union. hand, America’s support of the death penalty is widely regarded
The UDHR helped unleash global demands for na- in Europe as barbaric. One version of cultural relativism that
tional self-determination by stating that all peoples have was popular when Japan was viewed as a rising superpower
this right. Defining “a people” would become more com- was Confucianism. Some argued that Asians were successful
plex than imagined. Countries in Africa, Asia, and the because their cultures embrace the Confucianism values of
Caribbean succeeded in getting the UN General Assem- obedience to authority and intense allegiance to groups and
bly to adopt the International Convention on the Elimi- stress collective identities over individual identities. Based on
nation of All Forms of Racial Discrimination in 1965. The this perspective, the assumption was that universalism was
global human rights agenda expanded to include the essentially Western and largely incompatible with Asian values.
Convention on the Elimination of All Forms of Discrim-
ination Against Women (1981), the Convention on the
Rights of the Child (1990), the Convention Concerning 3.3.2: Individuals and Communities
Indigenous and Tribal Peoples in Independent Countries Complicating discussions of human rights are varying
(1991), the International Convention on the Protection of perspectives on the relationship between the individual
the Rights of All Migrant Workers and Members of Their and the community to which she or he belongs. In
Families (1991), the Convention on the Rights of Persons societies strongly influenced by Buddhism, Hinduism,
with ­Disabilities (2006), and the UN Resolution on Sexual or Confucianism, individualism is discouraged, and
Orientation (2010). community solidarity is a virtue. The individual is
 Human Rights 31

inseparable from the community and enjoys certain benefits and interactions. Human rights regimes consist of global,
from belonging to the community. However, the danger of regional, national, and local institutions and rules
denying individual rights is that the least powerful in these designed to protect human rights, as well as the activities
societies are often brutally suppressed by elites. of numerous nonstate human rights organizations and
grassroots campaigns. The UN Human Rights Council
3.3.3: Relationship Between Rights is charged with the responsibility of monitoring human
rights globally and for informing the UN Security Council
and Obligations of human rights violations. Previously, we also noted
There is general recognition of a connection between rights that nations and NGOs, especially after World War I and
and responsibilities or obligations. The basic argument is World War II, succeeded in developing international
that rights are simply corresponding obligations. In other laws concerning the treatment of national minorities and
words, failing to act to prevent human rights violations laborers. These are all components of the global human
is in itself a violation of human rights. This argument rights regimes. In this section, we will examine regional
assumes that we are capable of doing something either to human rights regimes, focusing on those in Europe. The
prevent such violations or to mitigate their severity. The main institutions dealing with human rights in Europe
idea that we are responsible for what happens to others are the European Commission for Human Rights, the
goes back to the idea that we have a moral responsibility European Court of Human Rights (ECHR), the European
for both acts of omission and acts of commission. Court of Justice, and the Organization for Security and
Cooperation in Europe (OSCE). Latin America, Africa, and
3.3.4: Prioritizing Human Rights other regions have essentially adopted Europe’s regime.
As American and British troops entered Baghdad in April Meeting in The Hague in 1948, European representa-
2003, many Americans, British, and Iraqis celebrated the tives laid the foundations for establishing the Council of
destruction of Saddam Hussein’s regime and the idea of Europe in 1949 to promote democracy and protect human
restoring fundamental freedoms to the Iraqis. Above all, rights. Recent events in Europe propelled the states be-
the Iraqis wanted security, food, and clean water. This longing to the council to sign the European Convention for
situation demonstrates the philosophical controversy over the Protection of Human Rights and Fundamental Freedoms in
prioritizing human rights. Freedom of religion, speech, 1950. This agreement focused on safeguarding civil and po-
assembly, and the press are often elevated above other litical rights. The European Court of Human Rights, created
concerns in the United States. But many other societies place in 1998, is the busiest and most important court of its kind
a much higher priority on satisfying basic economic needs. in the world. The European Social Charter, signed in 1961,
dealt with economic and social rights. Continuing abuses
3.3.5: Absolutism Versus of human rights in Europe, especially in countries under
Soviet domination, influenced German Chancellor Willy
Consequentialism Brandt to promote dialogue across ideological divisions.
Finally, there is the debate about whether we should be These efforts led to the adoption of the Helsinki Final Act
willing to compromise on upholding human rights under in 1975 and the creation of the OSCE. The Helsinki Final
certain circumstances. Some human rights advocates believe Act provided for the dissemination of the agreement and in-
that some rights are absolute; that is, they must never be formation about it within countries that originated it. This
violated. On the other hand, many of these same advocates allowed people in Eastern Europe and the Soviet Union to
would agree that some rights are sometimes limited because learn more about human rights initiatives and sparked de-
exercising them under specific circumstances could endanger bate within the Communist countries. Combined internal
the rights of others. The torture of terrorist suspects by the and external pressure influenced Soviet leader Mikhail Gor-
United States and the ongoing debate about their entitlement bachev to adopt policies conducive to the exercise of both
to basic human rights illustrate how easily human rights civil and political rights and economic and social rights.
violations can be justified in the name of national security. Latin Americans have adopted many features of the
European human rights regime but have been less suc-
cessful in implementing human rights protections. The
3.4: Human Rights Regimes two most important agreements that established the
­Inter-American Regime are the charter of the Organiza-
3.4 Recognize global, regional, national, and local
tion of American States (OAS) and the American Human
institutions and rules designed to protect human
Rights Convention. Like Europeans, Latin Americans have
rights across the globe
a human rights commission (the Inter-American Commis-
Regimes, as defined in Chapter 1, are institutions, rules, sion on Human Rights) and a court (the Inter-American
and regulations governing particular types of behavior Court of Human Rights).
32 Chapter 3

3.5: Enforcing Human persuaded Myanmar to begin the transition to democracy

and to respect basic human rights. Sanctions also influenced
Rights Globally Iran, under the leadership of Hassan Rohani, a moderate, to
agree not to acquire a nuclear bomb in exchange for lifting
3.5 Report the efforts made globally in bringing sanctions. The complexity of the factors involved in imposing
­violators of human rights to justice sanctions results in much controversy about using them to
Although much of the responsibility for enforcing human force a country to comply with global rules for protecting
rights is placed on global institutions, governments, and promoting human rights. Sanctions can be nonviolent or
and various NGOs, we as individuals have the ultimate violent; most are nonviolent. Nonviolent sanctions include
obligation for protecting human rights. Crimes against economic, diplomatic, political, and cultural measures.
humanity are generally seen as crimes against all of us, a Economic sanctions, the most prevalent, often limit trade,
viewpoint supported by the widespread acceptance of the reduce access to international investments and financing,
universal nature of human rights. Yet as individuals, our and freeze or confiscate bank deposits of both countries and
effectiveness to combat major human rights violations, individuals. Diplomatic and political sanctions include
especially when they occur in distant countries and are actions that aim to embarrass a government and its leaders
carried out by governments, is limited. Consequently, and reduce its interactions with the global community.
governmental institutions and various organizations that Cultural sanctions usually try to reduce or stop cultural
represent individuals are regarded as bearing most of the exchanges, tourism, educational ties, and sporting activities
responsibility for implementing human rights. The extent with the target country. Often, sanctions not only fail to
to which various global actors and individuals are morally change the government’s practices but also turn out to
obligated to take action depends on three factors: (1) the have devastating consequences for innocent civilians. For
nature of the relationship with the rights being violated, example, U.S. sanctions against Cuba are widely perceived
(2) the degree of effectiveness, and (3) capacity. The nature as being counterproductive as well as harmful to ordinary
of the relationship involves issues such as geographic, Cubans.
economic, cultural, or political ties and the depth and Sanctions can be imposed unilaterally or multilater-
duration of those connections. Countries closest to where ally. Unilateral sanctions, imposed by one country, were
human rights abuses are taking place are generally expected used more often than multilateral sanctions and by sev-
to act to prevent them, although geographic proximity eral countries before the end of the Cold War. Since 1990,
in an age of globalization is declining in importance. however, the use of multilateral sanctions has increased.
More stress is placed on the degree of effectiveness and Increased international cooperation has also encouraged
capacity. These three factors are integral to the concept of using sanctions as an alternative to military force. At the
a fair allocation of responsibility. Generally, there are two same time, however, the spread of globalization, which en-
approaches to implementing human rights. One is the soft genders global cooperation, complicates efforts to impose
systems of implementation, which concentrate primarily on sanctions that are ultimately successful. In an interdepen-
conducting inquiries, exposing human rights violations, dent world, one country’s loss due to sanctions can eas-
empowering the victims, and finding ways to damage the ily become another country’s loss as well. In other words,
violating state’s reputation. The other is the hard, or coercive, sanctions aimed at an enemy often damage a friend.
enforcement measures, which include making interventions, Although some sanctions have achieved their objec-
setting up international tribunals to prosecute violators, and tives, such as those applied against the apartheid regime
establishing a permanent international criminal court (ICC). in South Africa, the consensus is that they are usually in-
effective. Sanctions fail for several reasons. One reason is that
nationalism, present in all countries, spawns a rally-round-
3.5.1: Sanctions the-flag effect. Another is that globalization makes it ex-
Sanctions are punishments or penalties imposed by one state, tremely difficult to effectively isolate a state economically.
a group of states, or the global community on another state Third, sanctions may enable repressive governments to use
or group of states to gain compliance with widely accepted external threats to justify cracking down on domestic op-
global standards of behavior. Because political, economic, ponents and to avoid responsibility for deteriorating eco-
and military-strategic considerations affect decisions to nomic, health, and social conditions. Fourth, sanctions are
impose sanctions, there are usually inconsistencies in how costly to countries that impose them. Over time, domestic
sanctions are imposed. For example, allies often escape pressures build to support removing sanctions against the
sanctions even though their behavior is similar to that of the targeted country. Finally, sanctions reduce the availability
states being sanctioned. In Darfur and Myanmar (Burma), of resources in the target state, thereby strengthening its
the economic interests of China, India, and other countries power to allocate scarce resources strategically to maintain
have undermined sanctions. However, sanctions eventually support for its policies.
 Human Rights 33

3.5.2: Humanitarian Intervention: 3.5.3: Responding to Genocide

Responsibility to Protect In 1948, the United Nations adopted the Genocide
When Libyans protested for a transition to democracy, Convention, which defines genocide as the intent to
the government used military force to silence their destroy, in whole or in part, a national, ethnic, racial, or
opposition. Led by France, the United Nations imposed religious group. Whole populations have been displaced
a no-fly zone in Libya to protect civilians from both or destroyed as others expanded their control over areas,
the air force and the army. In extreme cases, when usually through military force. Such behavior was largely
human rights violations shock human conscience, justified in terms of progress and civilization. Often,
humanitarian intervention is regarded as a collective only a small minority was concerned with the crime of
global responsibility. Humanitarian intervention usually genocide. Convinced that human beings were divided
involves deploying military forces to prevent or stop into different races and that some races were inherently
a country or group from engaging in gross violations superior to others, Europeans expanded their rule to Asia,
of human rights. 7 It also includes efforts to provide the Americas, and Africa. In the process, they destroyed
humanitarian relief, to evacuate individuals, and to many indigenous peoples. The Armenian genocide is
separate and monitor forces involved in conflicts. widely viewed as the prototype of subsequent genocides
Humanitarian interventions fall into two basic categories: in the twentieth century. In 1895, 1909, and 1915, Turkish
consensual and imposed. Consensual interventions troops massacred more than a million Armenians and
are agreed to by those in control of a country or region. deported others into the Syrian desert, where they died
There is little need for military force. Uniformed forces of starvation.8 The genocide committed by Nazi Germany
are involved primarily because they have essential skills marked a turning point in the human rights debate, as
and technical capabilities that facilitate rescue operations we have seen. The victorious allies united against such
or the provision of humanitarian supplies. Imposed crimes and punished those most directly involved in
interventions are conducted in a far more hostile carrying them out. However, genocide continued and is
environment and often against the wishes of governments still going on. For example, between 1975 and 1979, the
or armed groups. Significant military force is required Khmer Rouge in Cambodia killed more than a million
to reduce hostilities, protect civilians, and protect people. Another million people died in Rwanda’s
individuals who are delivering humanitarian assistance. genocide. Genocide was part of the conflict in the former
But the world’s failure to exercise its responsibility to Yugoslavia. Sudan’s actions in Darfur were declared to be
protect civilians in the Syrian civil war in which Bashar genocide. A court in Guatemala found General Efrain Rios
Assad used chemical weapons, bombs, tanks, and torture Montt, the dictator who presided over Guatemala’s long
underscores how military, economic, and regional and brutal civil war, guilty of genocide and crimes against
political realities complicate efforts to protect human humanity. Rios Montt was implicated in the massacre
rights through humanitarian intervention. of Ixil villagers. Many countries refrain from declaring
Closely related to humanitarian intervention are atrocities to be genocide partly because the Genocide
peacekeeping and peacemaking operations. Peacekeep- Convention requires them to act to prevent and punish
ing, provided by Chapter 6 of the UN charter, occurs genocide.
within a consensual type of intervention. It involves A big step toward holding individuals and govern-
largely impartial monitors and observers who are un- ments responsible for gross violations of human rights,
armed or lightly armed. They are generally required including genocide, came at the end of World War I.
to monitor a separation of forces, verify and monitor Britain and France attempted to punish Germany for
troop withdrawals, provide some security, and super- ­violating the neutrality of Belgium and Luxembourg by
vise elections. Force is used as a last resort and only for destroying their cities, creating large numbers of refu-
self-­defense. Peacemaking, on the other hand, involves gees, and using poison gas. The Commission on the Respon-
military forces that are heavily armed, well trained, and sibility of the Authors of War and the Enforcement of Penalties
prepared to fight. But peacemaking is a far more circum- was established at the Paris Peace Conference in 1919. Its
scribed activity compared with standard military opera- main objective was to prosecute those accused of commit-
tions. Peacemaking occurs in situations in which most ting war crimes and crimes against humanity, including
of the forces involved are friendly. The basic objective government leaders. France and Britain strongly sup-
of peacemaking is to reduce the fighting and to restore ported prosecuting leaders, whereas the United States,
or create an environment that will enable peacekeeping Italy, and Japan opposed such trials, principally on the
forces to function effectively. Increasingly, humanitar- grounds that such actions would violate sovereignty.9
ian interventions involve a mixture of peacekeeping and After World War II, however, the United States
peacemaking operations. changed its position. It played the leading role in setting
34 Chapter 3

up the Nuremberg Tribunal to prosecute Nazi war crimes executions, torture, raping women as a weapon of war,
and the Tokyo Tribunal to prosecute crimes committed by mass internments, deportation and displacement of civil-
Japan. Britain had also changed its position: Instead of ians, the inhumane treatment of prisoners, and the indis-
trying the Nazis, Prime Minister Winston Churchill advo- criminate shelling of cities and villages. More than seven
cated shooting Nazi war criminals on sight. The United thousand unarmed Muslim men and boys were system-
States, under Harry S. Truman’s leadership, persuaded the atically executed near the Bosnian town of Srebrenica in
allies to try the Nazis. The London Agreement—signed in July 1995. Roughly 740,000 ethnic Albanians were forcibly
1945 by the United States, Britain, France, and the S ­ oviet deported from Kosovo in 1999, and hundreds of Albanians
Union—provided for the creation of an international disappeared or were murdered. The UN Security Coun-
military tribunal for war criminals. This led to the estab- cil responded by establishing the International Criminal
lishment of the Nuremberg Tribunal, which focused on Tribunal for the Former Yugoslavia on May 25, 1993. Based
prosecuting high-level German officials. The tribunal held in The Hague, in the Netherlands, the tribunal indicted
individuals responsible for (1) crimes against peace, which leading Serbians, including Serbian president Slobodan
included planning, initiating, and launching a war of ag- Milosevic, Radovan Karadzic, General Ratko Mladic, and
gression; (2) war crimes, such as murder, abuse, and the Radislav Krstic, for committing war crimes. Similarly, eth-
destruction of private property and residential areas; and nic conflicts, primarily between Hutu extremists and Tutsis
(3) crimes against humanity, including murder, enslave- and moderate Hutus, in 1993 and 1994, stunned the world.
ment, extermination, and deportation. The Genocide Con- Hutus systematically killed and raped. Almost one million
vention, adopted by the UN Geneva Assembly in 1948, was people were slaughtered. Genocide in Rwanda led to the
a direct outgrowth of the Nuremberg Tribunal.10 creation of the International Tribunal for the Prosecution of
Similar to Nazi Germany, Japan committed numerous Persons Responsible for Genocide in Rwanda (Rwanda Tribu-
atrocities, including the murder of prisoners, the extermi- nal). Ethnic conflicts and the accompanying atrocities have
nation of civilians, sexual slavery, forced labor, and the influenced the global community to establish the ICC as
use of humans in deadly medical experiments. Following a permanent institution to prosecute those accused of war
America’s defeat in the Philippines, Japan forced U.S. and crimes and genocide.
Filipino troops to participate in the gruesome Bataan Death
March, which resulted in the deaths of around ten thou-
sand Filipino troops and six hundred American troops. 3.5.4: The International Criminal Court
­Japan also committed crimes against Chinese civilians and On April 11, 2002—more than fifty years after the
soldiers. Even today, many Chinese continue to be suspi- victorious allies in World War II proposed the creation of
cious of Japan. They talk about the indiscriminate bomb- a permanent international court to prosecute war criminals
ings of Shanghai and other cities. But they are especially and others who engage in gross violations of human
emotional when they recall the Rape of Nanking. Japanese rights—the ICC was created. The International Court of
soldiers, in October 1937, randomly raped, murdered, and Justice (ICJ), or World Court, based in The Hague, had
executed Chinese civilians. Estimates of those killed range been created in 1945 to adjudicate disputes between states.
from forty-two thousand to one hundred thousand. On Individuals, however, came before tribunals established
July 26, 1945, the United States, China, Britain, and the So- on an ad hoc basis to try specific crimes against humanity.
viet Union issued the Potsdam Declaration, stating their Examples are the Nuremberg and Tokyo Tribunals and the
decision to prosecute Japanese war criminals. U.S. general tribunals for Yugoslavia and Rwanda.
Douglas MacArthur, the supreme commander for the Allied The globalization of human rights laid the foundation
Powers in Japan, acting under the authority of the United of new thinking about bringing violators of human rights
States, established the International Military Tribunal for to justice, regardless of where they committed their crimes.
the Far East (Tokyo Tribunal) to try individuals for crimes The world, less preoccupied by ideological rivalries, turned
against peace. Because the United States was primarily re- its attention to issues ordinary people confront daily, in-
sponsible for defeating Japan, Americans unilaterally cre- cluding widespread atrocities. Small countries, unable to
ated the Tokyo Tribunal.11 unilaterally deal with crimes against humanity, stressed the
The Nuremberg and Tokyo Tribunals set the prece- need to create a permanent ICC. At the request of Trinidad
dent for prosecuting war criminals in the former Yugosla- and Tobago and several other Caribbean and Latin Ameri-
via and Rwanda. The disintegration of Yugoslavia in the can countries, the UN General Assembly asked the Interna-
1990s and escalating conflicts among the Serbs, Croats, tional Law Commission to return to the work it had started
and Muslims culminated in widespread atrocities. Al- in 1948 to create an ICC. Drawbacks of the country-by-coun-
though all three ethnic groups committed war crimes and try approach to prosecuting war crimes, genocide, and
crimes against humanity, the dominant Serbs were clearly crimes against humanity had become increasingly obvious.
the most responsible for atrocities that included summary The two major drawbacks were that (1) it was expensive and
 Human Rights 35

time consuming to create new tribunals and (2) securing Human rights for women are directly and strongly
the unanimous consent of the five permanent members of influenced by how women perceive themselves and how
the UN Security Council (the United States, Britain, France, others perceive them. Perceptions help determine our role
Russia, and China) was very difficult. More than 160 coun- in society. Roles can be defined as expectations regard-
tries and numerous NGOs, many of which worked closely ing the skills, rights, and responsibilities of individuals.
with smaller states, gathered in Rome in 1998 to create a Women’s roles are closely connected to their lower status
tribunal with universal jurisdiction. The United States, (compared with men) in virtually all societies. Status re-
which had initially signed the agreement under the Clinton fers to one’s position in the social, economic, and polit-
administration, later renounced its involvement in creating ical hierarchy. The struggle for women’s rights is as old
the court under the Bush administration.12 as the struggle for human rights in general. Some peo-
Several leaders have been accused by the ICC of vi- ple have always advocated equal treatment of men and
olating human rights. As we discuss in Chapter 14, Slo- women. International organizations composed primarily
bodan Milosevic of Yugoslavia was tried by the ICC and of women led the struggle for suffrage and various social
died in prison in The Hague. Charles Taylor of Liberia policies. The 2011 Nobel Peace Prize was awarded to three
was convicted of crimes against humanity. An arrest war- women from ­Africa and the Arab world in recognition of
rant was issued for Omar al-Bashir of the Sudan for war their nonviolent activism for women’s rights. In earlier
crimes in Darfur, and Muammar Qaddafi was accused of years, women were instrumental in getting protections for
violating human rights by deliberately using armed forces women written into the UN charter and in establishing the
to kill civilians who protested for democracy. Three prom- UN Commission on the Status of Women. Increased em-
inent Kenyans were on trial for gross violations of human phasis was placed on women’s rights as human rights in
rights following a disputed election. Laurent Gbagbo, for- the 1970s. The UN Fund for Women was created by the
mer president of Côte d’Ivoire, was also indicted by the UN General Assembly to support women in grassroots or-
ICC for human rights violations following a dispute about ganizations. In 1981, the UN Convention on the Elimina-
an election. Bosco Ntanganda, accused of massacring civil- tion of All Forms of Discrimination Against Women was
ians in the Democratic Republic of Congo, is at the ICC, adopted, thereby reaffirming the view that women’s rights
where he faces ten counts of war crimes and crimes against should receive special attention within broader discus-
humanity. Faced with the determination of the ICC to hold sions of human rights. The Women’s Conference in Beijing
them accountable for violating human rights, many Afri- in 1995 and the UN Forum of Women in New York in 2000,
can leaders advocate withdrawing from the ICC. among others, underscore a growing global consensus
on women’s rights. The Entity for Gender Equality and
­Empowerment of Women known as UN Women, was cre-
3.6: Women and Human ated in 2010 to advance women’s rights.
Female genital mutilation, also known as female cir-
Rights cumcision, is an extreme form of social control. It is prac-
ticed in societies in which women are given a low social
3.6 Relate the need for stricter laws to protect women’s
status. Even though both men and women are circumcised,
human rights across the globe.
female genital mutilation is largely done for the benefit of
Images of Brazil, especially of sophisticated cities like men. It enables them to control women by inflicting severe
Rio de Janeiro, portray women as enjoying equal rights pain during sexual intercourse. There are varying degrees
and personal freedoms. But images can be deceptive. It of female genital mutilation. It involves the removal of the
took the Brazilian congress twenty-six years to change clitoris in its less severe form and all of the external fe-
the country’s legal code to make women equal to men male genitals in its most severe form. In extreme cases, the
under the law. The new code, adopted in 2001, outlaws genitals are stitched shut, with only a small opening left
a provision that allowed a husband to annul a marriage through which urine and menstrual fluids can pass. These
if he discovered that his wife was not a virgin when crude and painful operations are usually performed by tra-
they were married. It also eliminates laws that allowed ditional women practitioners with knives and razors. The
Brazilian fathers to have unrestricted legal rights to make main objective is to deprive women of any sexual feelings,
decisions for their family. Although women are clearly not thus ensuring chastity. Some women are severely injured,
a monolithic group and do not face the same restrictions and many bleed to death from the procedure. Chronic uri-
across all societies, even where laws support hierarchical nary tract infections are common, and childbirth is danger-
patriarchy, the global community embraces the view that ous and painful. Most cases take place in Egypt, Nigeria,
most women face violations of their rights. Women’s rights Ethiopia, Somalia, Kenya, and the Sudan. Some Islamic
are widely regarded as a category of human rights that conservatives see it as a religious and cultural practice.
deserve special attention. Parents and educated girls are increasingly opposed to
36 Chapter 3

India Against Rape: Bystanders held up a banner and signs after the cremation ceremony of the
victim of a rape and murder that triggered an outpouring of grief and anger across India.

female genital mutilation, and some governments, despite against her family. Italy also recently abolished laws
opposition from religious and traditional leaders, have that enabled a rapist to avoid punishment by agreeing
banned it. to marry the woman he had raped. Another example of
how tradition, religion, and the law perpetuate sexual vio-
3.6.1: Sexual Violence: Rape lence against women is the case of Zafran Bibi in ­Pakistan.
While Zafran’s husband was in prison, his brother raped
as a Weapon of War her repeatedly. When she gave birth to a daughter, she
Sexual violence against women has always been an was charged with adultery and sentenced to death by
integral part of most societies. Sexual crimes are discussed stoning. No charges were brought against her brother-in-
further in Chapter 12. Trafficking in women and children law because, under Islamic laws in Pakistan, rape can be
(i.e., buying and selling women and children as sex slaves) proved only with the testimony of four male witnesses.
was outlawed at the global level by the Convention for the Domestic and global pressure persuaded General Pervez
Suppression of the Traffic in Persons and of the Exploitation Musharraf, Pakistan’s president, to force the court to over-
of the Prostitution of Others in 1949. Millions of women turn Zafran’s death sentence.
and children are victims of sexual violence within their The emergence of rape during conflicts as a direct
own societies, and millions more are trafficked across human rights issue reflects the growth of humanitarian
national borders. The horrific gang rape and murder of a international law as well as the willingness of women, es-
twenty-three-year-old college student in India galvanized pecially victims, to demand justice. For example, ­Koreans
women’s rights advocates globally and fueled a wave who were used as “comfort women” and subjected to sex-
of protests across India, organized by social media. The ual slavery by the Japanese military during World War
rape became a catalyst for radical changes in India. Rape, II demanded justice from the Japanese government. Sex-
common in India, is now the subject of national debate. ual enslavement is often used as an instrument of ethnic
Women in particular are demanding an end to India’s cleansing. Sexual violence is used to humiliate and de-
culture of rape. stroy families and communities, to terrorize members of
Sexual violence against women is often built into the a particular ethnic group, and to force people to flee an
legal system as well as the social structure of many coun- area. Serb troops raped more than twenty thousand Mus-
tries. Men routinely kill women to protect the family’s lim women in the former Yugoslavia as part of their eth-
honor or their own. In Jordan, Pakistan, Iraq, and other Is- nic-cleansing campaign. The rape of girls and women in
lamic countries, honor killing, though illegal, is sustained the Democratic Republic of the Congo escalated as that
by tradition and religion. Rape is often treated as a crime country’s ethnic warfare continued to rage. Rape as a
against the family, an approach that makes the woman weapon of war continues as violence remains widespread
who was raped guilty of dishonoring her family. Only in in the Congo. These atrocities helped firmly establish
1996 did Italy change its laws to emphasize that rape is a global recognition of rape as a crime against humanity
crime against the woman as opposed to being an offense and as a war crime.
 Human Rights 37

3.7: People with Disabilities People with disabilities often face serious challenges
gaining access to treatment, employment, and education.
and Human Rights This perpetuates poverty among them and limits their inte-
gration in societies. There are widespread violations of the
3.7 Recognize the need to protect human rights of people with disabilities, especially in poor
the human rights of the disabled countries. These include sexual assaults and exploitation,
beatings, prolonged solitary confinement, overdoses, aban-
The recognition and protection of the rights of people
donment, malnutrition, and verbal abuse. As many as 80
with disabilities emanated from global rights campaigns
percent of people with disabilities in developing countries
against slavery and the horrors of war. Atrocities of World
live in isolated areas where traditional values encourage
War II, particularly the cold, deliberate, and systematic
physical and mental cruelty and where medical and other
murder of people, including people with disabilities,
much needed services are often nonexistent. Disabilities
during the Holocaust provided the catalyst for building a
are often regarded as resulting from a curse or immoral be-
global commitment to protecting the human rights of all
havior and, as such, deserve punishment. Advances in neu-
people. Struggles for civil rights and equality for women
roscience that focus on the links between human behavior
generated a broader awareness of other groups that
and human biology, especially problems in the brain, offer
faced severe discrimination. In 1990, the Americans with
hope for more appropriate treatment of people with dis-
Disabilities Act (ADA) outlawed discrimination against
people with disabilities. It made changes to integrate abilities in general and mental illnesses in particular.
them into society, especially providing access to buildings
and transportation and providing equal employment and
educational opportunities. In 1982, the United Nations 3.8: Islam and Human Rights
created the World Program of Action to adopt measures
3.8 Distinguish between the Western and the Islamic
to prevent disability, promote rehabilitation, and achieve
beliefs on individual and community rights
equal opportunity for people with disabilities to ensure
their participation and integration in society. The UN Negative stereotypes of Muslims and Islam are so prevalent
Convention on the Rights of Persons with Disabilities, and so profound in most Western societies that even
adopted in 2006, further consolidated global awareness of isolated cases of human rights violations are perceived
the need to promote and protect the human rights of people as reflections of a profound inability of Islamic countries
with disabilities. In the United States, for example, many to respect human rights. Such images are reinforced by
individuals with mental illnesses are imprisoned for crimes extremists in Saudi Arabia, Afghanistan under the Taliban,
instead of being placed in mental health care institutions. Iran, and northern Nigeria, for example. The general lack
Estimates of the number of people with disabilities of a clear separation of religion and government and the
range from five hundred million to one billion. This is due dominance of sharia law as the foundation for legal codes
partly to how disability is defined. It is generally defined in Islamic countries convey the impression of traditional
as any restriction or lack of ability to perform an activity societies that are fossilized, changing very little since the
in the manner or within the range considered normal for a Prophet Muhammad (570–632 CE) founded the religion.
human being. This includes people who have a mental ill- But compared with Western societies, Islamic countries
ness or are visually impaired, hearing impaired, or wheel- are far more repressive and disrespectful of fundamental
chair-bound. People who suffer from lower back pain, rights and freedoms, as the recent popular uprisings in the
asthma, high blood pressure, dyslexia, and autism are also Middle East and North Africa demonstrate. Saudi Arabia—
considered disabled. Many of these conditions are tem- Muhammad’s birthplace and keeper of Islam’s holiest
porary. Further complicating the definition of disability is places, Mecca and Medina, which are sacred to Muslims
the environment in which one lives. Developed countries worldwide—is perhaps the most repressive Islamic society.
enable many people with disabilities to live fairly nor- But Islam’s spread made it a global religion long before
mal lives. Poor countries generally do not. Consequently, the emergence of Western Europe as a dominant power
conditions that are an inconvenience in rich countries can and the subsequent spread of Christianity. Consequently,
be a severe disability in poor ones. A major cause of dis- Islam is diverse and complex, reflecting how very different
ability is aging. In some countries, as many as two-thirds cultures interpret and practice the religion.
of people with disabilities are elderly. They suffer from Although Islamic cultures are composed of numer-
arthritis, strokes, heart disease, and poor hearing and vi- ous beliefs and values that promote humanitarianism
sion. Other causes include wars, poverty, diseases, unclean and respect for some forms of human rights, the reli-
environments, inadequate medical care, birth defects, ac- gion emphasizes the priority of the Islamic community
cidents, stress, drug and alcohol abuse, and mental health over the individual. Under the Koran, the ruler and the
problems. ruled are equal before God. However, unlike in Britain,
38 Chapter 3

for example, where limitations on the monarch were for- or support the torture of this suspect under these circum-
malized into contracts, such as the Magna Carta, most stances? Democratic societies routinely condemn other so-
Islamic countries did not develop formal institutions to cieties that torture people.
restrain leaders and define their powers and responsibili- In the war against terrorism, the United States sig-
ties or to make them accountable to the people. The West- nificantly altered its policy on human rights abroad. Pris-
ern belief that each individual has natural rights stood in oners taken during the war in Afghanistan were subject
sharp contrast to the Islamic belief that the community to “stress and duress” techniques, including sleep depri-
mattered most and that God’s law did not permit indi- vation, physical abuse, hooding, waterboarding (sim-
viduals to think for themselves. Justice, in Islam, is de- ulated drowning), and being forced to hold awkward
rived from obedience to God’s commands as expressed positions for long periods of time. Many prisoners held
in the Koran. In effect, challenging political authorities at the U.S. military base in Guantanamo Bay in Cuba
is tantamount to challenging the supremacy of religious were denied access to lawyers and their families. Some
thinking. Even so, Islam is being challenged by forces prisoners were transferred to countries that are not only
within Muslim societies. strategically located but also known to violate human
rights, including Pakistan and Uzbekistan. Widespread
abuse of prisoners held at Abu Ghraib in Iraq was viv-
idly demonstrated by numerous photographs and vid-
3.9: Fighting Terrorism and eotapes that shocked the world in 2004 and undermined
American credibility in promoting human rights, espe-
Protecting Human Rights cially in the Islamic world. Some prisoners were killed,
were tortured, or suffered from inhumane treatment and
3.9 Review the balancing act that needs
degradation. U.S. army dogs were used to abuse Iraqi
to be played while fighting terrorism
prisoners.
and protecting human rights
Believing that short-term restrictions on civil and
political rights are essential to combat terrorism, many
governments find themselves on a slippery slope that leads
to more durable infringements on democratic freedoms.
3.10: The Death Penalty
Britain, for example, responded in the early 1970s to and Human Rights
Northern Ireland’s Troubles, as the conflicts between the
3.10 Report the controversy around issuing
Protestants and Catholics are called, with increased arrests,
death penalty as punishment
essentially arbitrary detentions, increased surveillance
capabilities, the creation of a special court to prosecute There is a growing consensus that the death penalty
terrorist suspects, approval of inhumane treatment of violates the most fundamental human right: the right to
prisoners, and excessive military force. Apart from having life. Several countries have outlawed the execution of
the unintended consequence of inflaming passions and teenagers. In Yemen, often criticized for violating human
escalating terrorism, British actions were scrutinized and rights, the government abolished the death penalty for
severely criticized by the global community and within individuals under eighteen years of age. Only Saudi
Britain itself. The European Court of Human Rights ruled Arabia, Iran, Nigeria, and Pakistan allow teenagers to
against Britain in several cases, contending that it had be executed. The United States executed teenagers until
violated the European Convention on Human Rights. 2005, when the U.S. Supreme Court outlawed the practice.
Following terrorist attacks in London in 2005, Britain After briefly suspending executions in 2007 and early
adopted several policies that were perceived as threats to 2008, the U.S. Supreme Court reinstated executions by
human rights. lethal injections in 2008. Japan, which typically executes
Alan Dershowitz, a Harvard University law pro- five or six prisoners each year, has been criticized by
fessor and a leading criminal defense lawyer, argues in Amnesty International and other groups for its secretive
favor of using nonlethal torture in extreme cases and of and sometimes sudden executions. Many prisoners are
judges issuing torture warrants. Dershowitz posed the told of their execution only moments before they are
“ticking bomb” scenario. Imagine that you are a govern- hanged. Europeans are generally shocked by Americans’
ment official and you know that a bomb capable of killing strong endorsement of the death penalty and will not
thousands of people is about to be used by terrorists. You extradite anyone to America if they face the death
are almost certain that a suspect knows where the bomb penalty. European societies abolished the death penalty
is and believe that by torturing the suspect, you can ex- in the latter half of the twentieth century, mostly in the
tract crucial information to save lives. Would you torture early 1960s.
 Human Rights 39

Pro-gay rights activists kissed outside the U.S. Supreme Court in Washington,
D.C. as the court heard arguments leading to its decision to allow same-sex
marriage.

Case Study
Homosexuals and Human Rights especially the Internet, television, movies, and magazines.
Easy access to information enables individuals to make inde-
In December 2010, the United Nations passed a resolution to
pendent choices and to challenge conventional cultural values.
protect the human rights of homosexuals. Discrimination and
College, the workplace, sports, and the military, for example,
violence against gays, lesbians, bisexuals, and transgendered
bring people together from diverse backgrounds, which helps
people constitute a major global issue. The issue of human
create awareness of different lifestyles and foster greater tol-
rights of homosexuals is fundamentally about the right of privacy
erance. Furthermore, many individuals interact with homosex-
and the right to be left alone. Think of all the groups of peo-
uals as family members, colleagues, friends, and neighbors.
ple, social relationships, and behaviors that were not approved
Economic globalization engenders relentless competition
by the majority of members of society but are now widely ac-
for talented individuals, regardless of race, gender, nationality, or
cepted. Roughly eighty countries criminalize consensual homo-
sexual orientation. Companies, like sports teams, that discrimi-
sexual sex. Some countries, including Iran and Nigeria, impose
nate against individuals, including homosexuals, put themselves
the death sentence for men and up to a hundred lashes for
at a severe competitive disadvantage and make themselves vul-
women found guilty of homosexuality. There are numerous
nerable to global pressure and legal action. Furthermore, many
cases of extrajudicial executions, kidnappings, rape, torture,
leaders of global companies are part of the younger generation
and violence. Few governments in the developing world actively
that generally rejects all forms of discrimination and values diver-
prosecute individuals for these violations. Russia bans the adop-
sity and tolerance. Economic globalization also enables human
tion of Russian-born children by gay couples and by any couple
rights organizations and gay rights groups to exert considerable
or single parent in countries with marriage equality. Russian law
pressure on governments that abuse human rights. Regional
also allows the arrest of anyone suspected of being gay or pro-
influences also help determine respect for the human rights of
gay. They can be detained for fourteen days.
homosexuals. In Europe, for example, the European Court of
Demographic factors are contributing to global toler-
Human Rights found Poland guilty of discrimination against ho-
ance of homosexuals and the active promotion of their hu-
mosexuals. Mexico Argentina, and Brazil have advanced gay
man rights. Younger people, influenced by significant cultural
and lesbian rights in Latin America.
change that characterized the 1960s and 1970s, are generally
America took a significant step toward protecting the rights
supportive of diversity, including sexual orientation. Their at-
of homosexuals when it repealed its policy of allowing homosex-
titudes and behaviors are reinforced by cultural globalization,
uals to serve in the military as long as they did not reveal their
40 Chapter 3

­
sexual orientation (also known as “Don’t Ask, Don’t Tell”). Most rigid segregation and harsh discrimination known as apartheid,
Americans disagreed with the policy and supported repealing it. is the first country to ban discrimination in its constitution. It is
In many ways, the struggle for human rights for homosexuals is the only country in Africa to allow gay marriage. The cases of
reminiscent of the struggle to racially integrate the U.S. military. the United States and South Africa demonstrate that countries
Experiences with successfully integrating the U.S. military after that end discrimination, promote tolerance, and value diversity
World War II played a pivotal role in the struggle to end racial in relation to a particular group of people generally become
segregation and discrimination in America. South Africa, which more inclusive and respectful of human rights for the rest of their
experienced pervasive human rights abuses under its system of ­citizens.

Summary
The promotion of universal human rights worldwide has scope. We examined the importance of and distinctions
become an increasingly contentious topic. This chapter among civil, political, and social rights, as well as the dis-
examined how the progression and promotion of human tinction between positive and negative human rights. We
rights have occurred within the broader political, eco- also identified factors that have contributed to the expan-
nomic, and cultural aspects of globalization. The concept sion of human rights globally, including the globalization
of human rights has been significantly strengthened in of human rights through the creation and strengthening
recent history, especially with the growth of multilateral of international institutions, the growing acceptance of
human rights NGOs, such as Amnesty International and interdependence among states, the international prolif-
Human Rights Watch, and international human rights– eration of democracy, the strengthening of human rights
based institutions, such as the ICC and the UNCHR. Pro- through economic development and corporate globaliza-
tecting human rights is no longer seen as an exclusively tion, and the increasing effectiveness of nonstate actors
national issue; rather, it is one of global magnitude and dedicated to promoting human rights.

Discussion Questions
1. Explain the differences between relativistic and 3. Are sanctions an effective weapon for promoting
­universal human rights. How are they different in ­human rights? If so, how are they effective? If not,
their scope and normative assumptions? how do they hurt human rights?
2. What are the differences between positive and neg- 4. Discuss the issue of human rights for people with
ative human rights? How are positive and negative ­disabilities.
human rights related to the ICCPR and the ICESCR? 5. What is humanitarian intervention? Give examples.