Human Rights and Needs Perspective

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What are human rights defined as, according to the needs perspective?

Human rights are entitlements providing individuals with what is necessary to meet their basic needs and ensure survival and minimum well-being.

Identify one strength and one weakness of viewing human rights as needs.

One strength is that it focuses on access to basic needs like shelter and health; a weakness is that lists of basic needs aren't universal and can be difficult to verify empirically.

How does the capabilities approach enhance the understanding of human rights?

The capabilities approach emphasizes empowering individuals to achieve a meaningful life through enhancing their abilities and freedoms.

What is a noted disadvantage of the capabilities approach to human rights?

A disadvantage is that it requires extensive public investments and depends on the context for necessary capabilities. Signup and view all the answers

What has been the overall impact of international efforts regarding human rights conventions?

International efforts to define human rights have been relatively successful. Signup and view all the answers

What is the only precondition for the enjoyment of human rights?

Being human. Signup and view all the answers

Explain the concept of inalienability in relation to human rights.

Human rights cannot be taken away or transferred from an individual. Signup and view all the answers

What does it mean for human rights to be subjective?

They do not depend on external conditions or are granted by others. Signup and view all the answers

Describe the inherent component of entitlement associated with human rights.

Human rights are held regardless of situational factors or relationships. Signup and view all the answers

How does the gender of the right-holder or duty-bearer impact human rights?

Human rights are equal and do not depend on the gender of the individuals involved. Signup and view all the answers

What is an example of assertive exercise of rights?

A person demanding their phone call as a right. Signup and view all the answers

How does 'active respect' of rights differ from assertive exercise?

Active respect involves acknowledging rights without claiming them. Signup and view all the answers

What is meant by 'objective enjoyment' in the context of human rights?

Rights are integrated into daily transactions without needing to be claimed. Signup and view all the answers

Why might autocratic regimes be more inclined to sign human rights treaties despite potential violations?

Autocratic regimes might sign human rights treaties to gain international legitimacy and support, even if they do not intend to comply with the norms. Signup and view all the answers

What challenge do human rights treaties face regarding enforcement?

Human rights treaties typically lack effective enforcement mechanisms to punish violations, making it difficult to ensure compliance. Signup and view all the answers

How do democratic governments sometimes approach human rights treaties?

Democratic governments may sign treaties while still prioritizing national interests, often compromising human rights in the process. Signup and view all the answers

What is the role of legitimation in the Constructivist view of human rights treaties?

Legitimation occurs when countries comply with treaty norms, granting authority and credibility to these norms and enhancing their application. Signup and view all the answers

Can you name a country that embodied the values of a treaty through active participation?

Japan is known for its active role in the Kyoto Protocol, which reflected its commitment to climate change values. Signup and view all the answers

How does the reflection mechanism work in the context of human rights treaties?

Reflection allows countries to engage with institutions and reassess their identities to align with virtuous behavior expected by others. Signup and view all the answers

Why might some human rights violations be perceived as more dramatic than others?

Certain human rights violations attract more media attention and public outrage, influencing perceptions of severity, such as the worker deaths during the Qatar World Cup construction. Signup and view all the answers

What can hinder the effectiveness of the Constructivist approach to human rights treaties?

Evidence suggests that the channels of legitimation, role definition, and reflection may be weaker than expected in promoting adherence to human rights norms. Signup and view all the answers

What paradox arises between human rights and state sovereignty as discussed in the context of international relations?

The paradox lies in the fact that human rights treaties challenge the principle of non-interference in state affairs, leading some states to reject them on sovereignty grounds. Signup and view all the answers

How does poverty impact the realization of human rights according to the Vienna Declaration?

Poverty inhibits the full and effective enjoyment of human rights, making their alleviation a priority for the international community. Signup and view all the answers

What justification do authoritarian leaders often use to disregard human rights?

Authoritarian leaders frequently claim to prioritize economic prosperity as a justification for not permitting human rights. Signup and view all the answers

What is the connection between poverty and human rights in non-democratic countries?

In non-democratic countries that achieve wealth, there is typically little to no improvement in access to human rights. Signup and view all the answers

Why might some political forces in democracies neglect the link between civil and social rights?

Many political forces in democracies fail to recognize that civil and social rights are interconnected, often prioritizing economic over human rights. Signup and view all the answers

How does granting human rights affect the coalition size according to selectorate theory?

Granting human rights increases coalition size by allowing more individuals to participate in the political process. Signup and view all the answers

What does the Frankfurt School argue regarding capitalism and human dignity?

The Frankfurt School argues that capitalism reduces human beings to instruments of production, undermining their autonomy and dignity. Signup and view all the answers

How do systematic injustices within capitalism relate to human rights?

Systematic injustices within capitalism can lead to violations of human rights by creating inequalities and exploitation. Signup and view all the answers

What does disaster capitalism refer to in the context of global crises?

Disaster capitalism refers to the practice of exploiting crises to introduce policies that favor capital accumulation at the expense of disadvantaged groups. Signup and view all the answers

What is the relationship between accountability and prosperity as discussed in the content?

Accountability leads to better governance, which in turn fosters economic prosperity and respects human rights. Signup and view all the answers

How do austerity measures affect social security according to critiques of neoliberalism?

Austerity measures dismantle social security nets, negatively impacting education, healthcare, and labor protection. Signup and view all the answers

What dilemma arises from the interaction of religious freedom and women's rights, as exemplified by the case of Safia Bibi?

The dilemma arises when religious laws restrict women's rights, as demonstrated by the requirement for four male witnesses in rape cases. Signup and view all the answers

In what way does intersectional feminism critique capitalism?

Intersectional feminism critiques capitalism for creating and sustaining structural disadvantages through exploitation. Signup and view all the answers

What was the punishment faced by Safia for fornication?

Safia was sentenced to 15 lashes and 3 years hard labor. Signup and view all the answers

What societal pressures coerced Roop Kanwar into participating in the ritual of sati?

Roop Kanwar was coerced by family and societal pressure. Signup and view all the answers

How do religious grounds impair women's employment rights globally?

Employment rights for women are often impaired on religious grounds by requiring them to seek permission from their husbands. Signup and view all the answers

What rights are influenced by Christianity's stance on abortion?

Christianity opposes abortion rights, impacting the right to freedom from bodily harm. Signup and view all the answers

What is a major legal limitation regarding marriage in Israel?

In Israel, there is no civil marriage, and weddings must pass through confessional bodies. Signup and view all the answers

How does the Catholic Church's history relate to the issue of pedophilia?

The Catholic Church has been implicated in numerous cases of pedophilia, highlighting serious moral and legal concerns. Signup and view all the answers

What challenge does the entwining of religious belief and patriarchal power present to human rights?

It complicates the disentangling of sex-biased power structures from religious faith. Signup and view all the answers

What historical context complicates the discussion of sectarian legal codes?

Many sectarian and religious codes were implemented by foreign colonizers. Signup and view all the answers

Study Notes

Human Rights - Basics

Human rights are rights inherent to all individuals, simply by being human.
Inalienable: these rights cannot be taken away or given up.
Universal: they apply to everyone, regardless of background or circumstances.
Equal: all people are entitled to the same rights.
Subjective: these rights are intrinsic to the individual; external factors do not grant them.
Inherently linked to the subject: rights are not simply benefits; they empower individuals.
They do not reduce to correlative duties or benefits.
They are active, requiring individuals to take charge of their rights and interactions.
They are exercised and empower those that hold them.

Human Rights - Interaction Types

Rights can be involved in three types of interactions:
- Assertive exercise: the right-holder actively asserts their right, demanding obligations from the duty-bearer (e.g., "I have my rights, I want my phone call!").
- Active respect: the duty-bearer considers the right in their actions, even without the right-holder explicitly claiming it (e.g., allowing the accused to see their lawyer).
- Objective enjoyment: rights are implicitly present but not explicitly considered in the exchange (e.g., buying a product).

Human Rights as Needs

The conceptual framework of human rights as needs links rights to the material conditions for people to enjoy them.
Strengths: establishing a foundation for material conditions necessary for human rights, focusing on basic needs for well-being.
Weaknesses: culturally defined needs that aren't universal or verifiable, potentially lacking a focus on universal human dignity.
Defining human needs as a basis for rights links them to basic survival and a minimum quality of life.

Human Rights as Capabilities

This framework empowers individuals to achieve meaningful lives by enhancing abilities and freedoms.
Strengths: emphasizing agency and all attributes needed for meaningful life, incorporating concepts of political and social participation; without the ability to develop and exercise preference and participation cannot enjoy human rights.
Weaknesses: some rights might not be reliably assessed in terms of capability, broad framework may require extensive public investment and the context of human rights depend on specific circumstances, hard to immediately or visibly detect violations.
This framework emphasizes the importance of empowerment and opportunity for enjoyment of life.

Human Rights Conventions

The UN Declaration of Human Rights is a landmark document, approved in 1948; Eleanor Roosevelt played a crucial role.
It's the bedrock for the International Bill of Human Rights and followed by further treaties and conventions.
Various international conventions exist, outlining specific rights and obligations (e.g., racial discrimination, economic rights, women's rights, children's rights, etc.).
Many key countries still do not sign human rights treaties.

Limitations of HR Conventions

Despite the declarations, enforcement mechanisms are often lacking.
Human rights are not always a priority even in countries that have signed the conventions.
The worst human rights violators are sometimes most likely to sign these treaties.
Some violations may be judged less severe than others, potentially hindering the enforcement.

Human Rights - Strategic View

Countries often sign treaties only when aligned with their interests (rather than out of true commitment to universal values).
Making pledges is easy, but following through on obligations proves more challenging.
Autocratic and democratic leaders alike sometimes pursue national interests above human rights.
Countries may sign treaties for perceived short-term gains or strategic advantage.

Human Rights - Constructivist View

International treaties influence state values and behavior, potentially improving them.
Legitimacy: treaties gain strength by being adhered to, influencing future behavior.
Role definition: states that actively participate in the development of treaties often represent those values better.
Reflection: states use treaties as a way of projecting an image of how they would like to be viewed, encouraging virtuous behavior.
Empirical evidence may suggest that these effects are often weaker than envisioned or hoped.

Human Rights - Dilemmas

Human Rights vs. Sovereignty: The norm of non-interference in state affairs, potentially clashing with strong abuses of human rights that justify outside intervention. Some human rights issues may necessitate intervention. States may avoid signing or adhering to treaties based on this factor.
Poverty and Human Rights: Poverty can impede the true enjoyment of human rights; Authoritarian or other less democratic leaders often use the pursuit of prosperity or national economic growth to minimize or disregard human rights.
Link between poverty and human rights: the relationship between poverty and the exercise of human rights is often complicated. Economic hardship or progress may not correlate directly to human rights protections for all people.
Inconsistencies between rights: Religious freedom or other cultural values may conflict with other human rights.
Intersectional Approach: an approach to human rights that acknowledges multiple overlapping identities, like gender, race, or class, that can create complex experiences of discrimination or advantage. Some existing frameworks might not consider the full range of vulnerabilities and needs of marginalized groups.

Human Rights - The Intersectional Approach

Recognizing various intersecting factors, like gender, race, class and religion, affect an individual’s experience of human rights.
Recognizing this helps to see and focus on how social advantage and disadvantage compound together.
Existing frameworks may not account for how social disadvantages create inequality or limit human rights enjoyment.
Recognizing disparities created by intersections can help inform a stronger, more inclusive approach to policy and human rights.

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Description

Explore the complexities of human rights through the lens of the needs perspective and the capabilities approach. This quiz covers key concepts such as inalienability, subjective rights, and the impact of gender on human rights. Additionally, examine international efforts regarding human rights conventions and their implications.