Human Rights Overview and Controversies

Machiavelli's main concept is that a stable state, not morality, is the ultimate goal of a ruler. This view contrasts with Christian perspectives on morality.

Machiavelli believed human beings are inherently evil and need laws to control their actions. He argued that this understanding requires us to sometimes act against traditional moral values to maintain stability.

Fortune, according to Machiavelli, is a combination of luck and events outside a ruler's control. Effective leaders must anticipate and prepare for these situations.

Machiavelli believed that sometimes, actions that traditionally violate human rights are necessary to ensure the stability and safety of a state.

Political realism is the idea that politics is not governed by ethics, but by the pursuit of power and the means to maintain it. Machiavelli is considered a pioneer of this view.

Pessimistic anthropology is the belief that human beings are inherently evil and prone to selfish actions. Machiavelli's views on human nature support this perspective.

Before the 20th century, the idea of human rights was not clearly defined in any international document. It was the 20th century that saw the rise of international organizations like the League of Nations and the United Nations, which began to formally define and codify human rights.

During World War I, pacifism emerged as a human right. People saw peace as a fundamental right for individuals and groups, marking a shift in how peace was viewed.

The League of Nations, established after World War I, focused on protecting minorities, promoting self-determination, and fostering peace. While it didn't explicitly mention 'human rights,' its goals aligned with the core concepts of human rights.

The League of Nations aimed to prevent future wars and build a Europe based on rights rather than conflict. It wasn't focused on a specific 'human rights' framework, but its objectives contributed to the evolving understanding of human rights.

The concept of self-determination, promoted by the League of Nations, allows groups to choose their own form of government and pursue their own destiny. It contributed to the evolving notion of individual and group rights.

While the ideas of individual rights and freedoms existed before World War I, it was during and after the war that the concept of human rights began to take shape with the advocacy for pacifism and the creation of the League of Nations.

The formalization of human rights took place after World War II with the creation of the United Nations and the Universal Declaration of Human Rights. While some earlier developments contributed to its eventual emergence, WWII was a defining event in this process.

World War II highlighted the need for a global framework for human rights. The horrors of the war underscored the importance of protecting basic human dignity and preventing such atrocities from happening again.

The creation of the United Nations after World War II marked a turning point in the history of human rights. The organization explicitly recognized human rights as a fundamental principle and committed itself to upholding them globally.

The period after World War II marked a significant shift in the understanding and acceptance of human rights. This was not a revival of previous ideas but a new era with European dominance waning and a focus on individual rights.

According to some historians, human rights gained prominence only after WWII. This is attributed to Europeans becoming 'subjects' under foreign rule and the need for a paper that guaranteed individual protection.

The adoption of the UN Charter in 1945 marked a key step in promoting human rights on an international level. It provided a framework for protecting human rights and establishing a universal declaration.

The UDHR, created in 1946, aimed to lay out a common standard for achieving human rights, despite cultural and linguistic differences. Although not a treaty, it represented an ambitious effort towards universal recognition.

While the UDHR attempted to be universal, it faced limitations as the representatives involved weren't truly representative of all cultures. This indicated a potential for bias and hindered the true universality of the declaration.

The UDHR raised questions about the nature of human rights. Are they inherent 'natural rights' or do we need a list to ensure their respect? This raises questions about safeguarding and enforcing these rights.

A proposed clause in the Lomé Convention that aimed to include human rights provisions in the development aid given to African, Caribbean, and Pacific (ACP) countries. This clause faced opposition from both the ACP countries and EEC member states.

The European Community (EC) worried that including a human rights clause in the Lomé Convention would open the door for ACP countries to demand a greater role for migrant workers from those countries to move to Europe. The EC was concerned about the potential economic and social implications.

The proposed human rights clause in the Lomé Convention aimed to include only basic human rights, such as the right to life, liberty, and security of person, and freedom from torture. These were considered universal and minimally controversial.

The EU has different approaches towards human rights within its internal policy (within EU member states) and its external policy (with other countries). The internal policy primarily relies on the European Convention on Human Rights (ECHR), while the external policy involves promoting human rights in agreements and development aid.

The Council of Europe aimed to protect human rights through its European Convention on Human Rights and the European Court of Human Rights, both based in Strasbourg.

The ECHR, established by the Council of Europe, ensures human rights protection by adjudicating cases based on the European Convention on Human Rights.

To be heard by the ECHR, a case must: exhaust domestic remedies, be filed within six months of the last domestic decision, be based on the European Convention of Human Rights, and demonstrate significant disadvantage to the applicant.

Only 5% of cases submitted to the ECHR are considered admissible, meaning they meet the criteria to be heard by the court.

When the ECHR finds a violation, the state is obligated to execute the judgment.

Italy was held liable by the ECHR for failing to protect the lives of survivors of a 2013 Mediterranean shipwreck.

Berlusconi's appeal to the ECHR regarding domestic court decisions against him was deemed inadmissible.

Neither the European Coal and Steel Community (ECSC) nor the European Economic Community (EEC) initially included provisions for human rights protection.

The 1957 Treaty of Rome, establishing the EEC, did not address human rights, reflecting the economic focus of the institutions.

The failed attempt to establish a European Defence Community in 1954 highlights how political complexities influenced early European integration and the omission of human rights in early treaties.

A landmark case where the European Court of Justice clarified the role of fundamental human rights within the European Economic Community (EEC), now the European Union (EU).