Human Rights Fundamentals

Human Rights Fundamentals

• Human rights are rights inherent to all individuals simply by virtue of being human.
• Properties of human rights include: inalienable, universal, equal, subjective, not dependent on external conditions, not given or granted, inextricably linked to the subject, not reducible to duties or benefits, possess an inherent entitlement, active and empowering, and enabling subject agency for interactions.
• Human rights involve three types of interactions:
  • Assertive exercise: the right holder activates duties upon the duty bearer (respect or violation).
  • Active respect: the duty bearer considers the right, influencing the right holder's behaviour (without a claim).
  • Objective enjoyment: rights are not considered in the transaction by either party. Objective enjoyment is the desired norm.
• Human rights are transformative, driving interactions based on objective enjoyment.

Human Rights as Needs

• Human rights are entitlements for fulfilling basic needs, ensuring survival and well-being.
• Frameworks have evolved over time.
• Strengths:
  • Links human rights to material needs for enjoyment.
  • Focuses on access to basic needs.
• Weaknesses:
  • Cultural definitions of needs are not universal or empirically verifiable.
  • Needs lists don't cover all aspects of human experience.

Human Rights as Capabilities

• Framing human rights as capabilities empowers individuals to live meaningful lives by enhancing abilities and freedoms.
• Strengths:
  • Emphasises agency and basic attributes for meaningful lives.
  • Incorporates social and political participation.
• Weaknesses:
  • Not all rights can be described as capabilities.
  • Requires significant public investment.
  • Capabilities are context-dependent.
  • Violations of capabilities are sometimes difficult to pinpoint.

Human Rights Conventions

• International efforts to define human rights have been relatively successful.
• UN Declaration of Human Rights:
  • Landmark document.
  • Approved in 1948.
  • Eleanor Roosevelt was influential.
  • First step toward the International Bill of Human Rights.
• Limitations:
  • Countries that sign human rights treaties also often commit severe human rights abuses.
  • Enforcement mechanisms are often lacking.
  • Some violations prioritized over others (e.g., Qatar World Cup worker deaths).

Strategic View on Human Rights

• Countries' interests influence treaty signing decisions; countries prioritise treaties with instrumental value.
• Nations are more likely to sign if benefits outweigh the cost of potential withdrawal, thus often pursuing their national interests despite treaty provisions.
• Autocrats are more likely to disregard human rights than democracies.
• Even democracies prioritize national interests.

Constructivist View on Human Rights

• Treaties can influence state values and behaviours, improving conduct.
• This effect involves: Legitimation (gain authority), Role definition (exemplify values), and Reflection (self-perception improvement).
• Evidence suggests these effects are sometimes weaker than hoped.

Dilemmas in Human Rights

• Human Rights vs. Sovereignty Dilemma:
  • Often conflicting, with non-interference in state affairs being a norm.
  • Human rights treaties challenge this when horrific abuses occur (e.g., Responsibility to Protect).
  • Some states refuse to sign due to sovereignty concerns.
• Poverty and Human Rights Dilemma:
  • Poverty hinders the full enjoyment of rights.
  • Authoritarian leaders use prosperity as an excuse to not grant rights.
  • Democracies sometimes fail to recognize the link between civil/social rights.
  • Increased wealth doesn't automatically lead to improved rights.
• Religious Freedom & Women's Rights Connections:
  • Religious freedom sometimes conflicts with women's rights and other human rights.
  • Issues such as restrictions on women's mobility, opposition to abortion, and anti-LGBT legislation are often based on religious grounds.
• Civil Marriage & Religious Freedom in Specific Contexts:
  • Illustrative examples of specific countries and religious practices that impact civil marriage, restricting choices for citizens.
• Individualism vs. Group Welfare Dilemma:
  • Some cultures prioritize group over individual welfare, with potential rights violations against individuals occurring.
• Crimes against "common morality" affect entire groups: atrocities and violations targeting specific subgroups (e.g., lower castes).

Capitalism and Systematic Injustice

• Critique of Neoliberalism, World-System theory, Disaster Capitalism, and Frankfurt School perspectives:
  • Discuss how capitalism's structure can perpetuate injustice, and related critiques by various theorists.
  • Note the role of imperialism and neo-colonialism from postcolonial perspectives.
  • Highlight corporate accountability for exploitative practices and the implications for human rights.

Intersectional Approach to Human Rights Solutions

• Intersectionality considers overlapping social identities (race, gender, class, etc.) and their impact on the experience of oppression and discrimination.
• Progress requires addressing all intersecting factors to create transformative instead of incremental change.
• Case studies:
  • CEDAW critique (Atrey) highlights gaps for marginalized women.
  • Bhanwari Devi and Vishaka Case illustrate gender-based, caste-based, and social context in violence against women.