Podcast Beta
Questions and Answers
What is the main focus of the Convention on the Rights of Persons with Disabilities?
What is the name of the set percentage of accumulated wealth that Muslims are required to give to the poor and needy?
Zakah
The Convention on the Rights of Persons with Disabilities aims to ensure that persons with disabilities enjoy human rights on an equal basis with _.
others
Match the following rights with their corresponding category:
Signup and view all the answers
What is the purpose of the first Optional Protocol appended to the Covenant?
Signup and view all the answers
States must ratify the Second Optional Protocol to maintain the death penalty.
Signup and view all the answers
Rights can be derogated in times of 'public emergency which threatens the life of the nation', provided that the derogation will not involve ____________.
Signup and view all the answers
What fundamental rights are exempt from derogation under the Covenant?
Signup and view all the answers
What were some important landmarks that led the way to the development of human rights law in England?
Signup and view all the answers
Match the following rights with their descriptions:
Signup and view all the answers
Human rights are legally guaranteed by human rights law.
Signup and view all the answers
What is the main aim of human rights?
Signup and view all the answers
Human rights are founded on respect for the dignity and worth of each ______.
Signup and view all the answers
Match the following instruments with their descriptions:
Signup and view all the answers
Which two organs are defined for the supervision of the American Convention on Human Rights?
Signup and view all the answers
The crime of genocide is included in the statutes of all international criminal courts.
Signup and view all the answers
What does the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment allow no derogation from?
Signup and view all the answers
Enforced or involuntary disappearances constitute grave human rights violations. All around the world, persons are arrested, detained, or abducted, without being able to identify their ______ or enjoy their rights.
Signup and view all the answers
Match the following rights with the vulnerable group they pertain to:
Signup and view all the answers
Study Notes
Introduction to Human Rights Law
- The development of human rights law is a gradual process that has led to the establishment of written norms and international conventions.
- The concept of natural rights evolved into an acceptance of natural rights as legal rights, written into national constitutions, reflecting a contractual relationship between the State and the individual.
- The French Declaration of the Rights of Man and of the Citizen (1789) and the American Bill of Rights (1791) were based on this premise.
- The impact of the Second World War led to the establishment of the United Nations (UN) in 1945, which marked a significant turning point in the development of human rights law.
What are Human Rights?
- Human rights are inherent to human beings and are entitled to every individual without distinction.
- These rights are legally guaranteed by human rights law, protecting individuals and groups against actions that interfere with fundamental freedoms and human dignity.
- Human rights are expressed in treaties, customary international law, and other sources of international law.
Characteristics of Human Rights
- Founded on respect for the dignity and worth of each person.
- Universal, applying equally and without discrimination to all people.
- Inalienable, with some exceptions in specific situations (e.g., right to liberty can be restricted if a person is found guilty of a crime).
Sources of International Human Rights Law
- Treaties (e.g., International Covenant on Civil and Political Rights, International Covenant on Economic, Social, and Cultural Rights).
- International custom.
- General principles of law.
- Subsidiary sources (teachings of qualified publicists and judicial decisions).
Classification of Human Rights
- Classic rights (require non-intervention of the State, e.g., freedom of speech).
- Social rights (require active intervention of the State, e.g., right to education).
- First-generation rights (civil and political rights, e.g., right to life, freedom from torture).
- Second-generation rights (economic, social, and cultural rights, e.g., right to work, right to health).
- Third-generation rights (solidarity rights, e.g., right to development, right to a clean environment).
- Fourth-generation rights (emerging rights, e.g., right to euthanasia, right to transfer human organs).
Human Rights in Islam
- Islam established human rights 14 centuries ago, with rights granted by Allah rather than a ruler or nation.
- Human rights in Islam are based on the Quran and Sunnah (the practice of the Prophet Muhammad).
- The Quran and Sunnah honor human dignity and individual rights in society.
Sources of Human Rights in Islam
- Quran.
- Hadith (Traditions of the Prophet).
- Ijma' (Consensus).
- Qiyas (Analogical Reasoning).
International Bill of Human Rights
- The Universal Declaration of Human Rights (UDHR) is a foundational document.
- The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR) are key conventions.
Universal Declaration of Human Rights (UDHR)
- Adopted in 1948, it is a non-binding resolution.
- Contains general principles, civil and political rights, and economic, social, and cultural rights.
- Importance: it is the only applicable international human rights instrument for states that have not signed or ratified the Covenants.
International Covenant on Civil and Political Rights (ICCPR)
- Elaborates on civil and political rights, such as the right to life, liberty, and security of person.
- Two protocols: the First Optional Protocol (individual complaint mechanism) and the Second Optional Protocol (abolition of the death penalty).
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
- Guarantees economic, social, and cultural rights, such as the right to work, adequate standard of living, and participate in cultural life.
- No supervisory body was established; monitoring functions are assigned to the United Nations Economic and Social Council (ECOSOC).
- Optional Protocol allowing for individual and group communications claiming violations of ICESCR rights.
Islam and the Preservation of the Five Essential Necessities of Life
- Islam aims to establish a legal framework, code of ethics, and ideal society, balancing individual and collective rights.
- Five essential necessities: preservation of divine religion, self, mind, honor and lineage, and wealth.
- Islam provides for the preservation of these necessities through its principles and laws.### Islamic Law and Human Rights
Amputation of Hand in Islamic Law
- Conditions for amputation of hand: stolen items must be in a preserved area, not left outside negligently, and value must be above a certain range
- No punishment for stealing food due to hunger
- Irrefutable evidence required for punishment
- Punishment not carried out if stolen items are not cared for
Regional Human Rights Instruments
European Convention on Human Rights
- Created in 1950, came into force in 1953
- Deals with civil and political rights
- States Parties guarantee basic rights to all persons within their jurisdiction
- Restrictions allowed for public safety, protection of health or morals, and prevention of disorder or crime
African Charter on Human and Peoples' Rights
- Adopted in 1981, came into force in 1986
- Covers economic, social, and cultural rights, as well as civil and political rights
- African Commission on Human and Peoples' Rights established in 1987
- Commission examines periodic reports and promotes human rights in Africa
- African Court on Human and Peoples' Rights established in 1998
American Convention on Human Rights
- Adopted in 1969, came into force in 1978
- Deals with civil and political rights
- Two protocols adopted: one on economic, social, and cultural rights, and one on the abolition of the death penalty
International Instruments Concerning Specific Human Rights Issues
Genocide
- Convention on the Prevention and Punishment of the Crime of Genocide adopted in 1948
- Came into force in 1951
- Defines genocide as acts committed with intent to destroy a national, ethnical, racial, or religious group
Torture
- Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment adopted in 1984
- Came into force in 1987
- No derogation from the prohibition of torture
- Crime against humanity when widespread or systematic
Enforced Disappearances
- Constitutes a crime against humanity when practiced in a widespread or systematic manner
- Convention for the Protection of All Persons from Enforced Disappearance adopted in 2006
Racial Discrimination
- International Convention on the Elimination of All Forms of Racial Discrimination adopted in 1966
- Represents the most comprehensive United Nations instrument prohibiting discrimination
Rights of Vulnerable Groups
Women's Rights
- United Nations Charter promotes equality and respect for human rights without distinction as to sex
- International Bill of Human Rights prohibits discrimination on the basis of sex
- Convention on the Elimination of All Forms of Discrimination Against Women adopted in 1979
- Optional Protocol to CEDAW adopted in 1999
Children's Rights
- Convention on the Rights of the Child adopted in 1989
- Sets out civil, political, social, economic, and cultural rights for children
- Optional Protocols on the involvement of children in armed conflict and the sale of children adopted in 2000
Refugees' Rights
- United Nations Convention Relating to the Status of Refugees adopted in 1951
- Defines a refugee as someone who has a well-founded fear of persecution
- Principle of non-refoulement prohibits return to territories where life or freedom would be threatened
Rights of Persons with Disabilities
- Convention on the Rights of Persons with Disabilities adopted in 2006
- Aims to ensure equal enjoyment of human rights by persons with disabilities
- Includes rights to education, accessibility, and employment### Rights of Children
- Children have the right to provision of necessities like affordable housing, food, education, and proper upbringing.
- Parents should teach them good moral behavior and protect them against bad habits like lying, cheating, and selfishness.
- Children deserve just and equal treatment without preference or discrimination.
Rights of Relatives
- Relatives have specific rights to special attention, visits, and support from wealthier Muslims.
- Muslims should be kind to their relatives even if they are unkind in return.
Rights of a Ruler towards the Public
- Obedience to a Muslim ruler who acts according to Allah's will is an extension of obedience to Allah.
- Rulers must be offered sincere advice for the benefit of the community and nation.
- Followers must support a Muslim ruler during crises.
Rights of the People towards the Government
- All people are entitled to fair treatment in Islamic society without preference or discrimination.
- People have the right to be consulted on issues concerning their economic and social affairs.
- Rulers must be kind and merciful to their people, facilitating their well-being.
Rights of the Neighbors
- Islam classifies neighbors into three categories: relatives, Muslim neighbors, and non-Muslim neighbors.
- Each category has specific rights, including the right of kin, right of neighbors, and right of Islam.
Rights of the Poor and Needy
- Allah praises those who spend for the poor and needy in Islamic society.
- Zakah (2.5% of accumulated wealth) is prescribed to help the poor and uproot poverty.
Rights of the Employees/Laborers
- Employers must establish a just and cordial relationship with employees.
- Employers must declare wages to workers before starting work.
- Employers must pay wages promptly, as instructed by Allah's Messenger.
Rights of the Employers
- Workers must maintain good relations with employers and fulfill their duties to the best of their abilities.
Right to Equality
- Men and women are created equal in basic humanity and dignity.
- Discrimination due to race, sex, color, lineage, class, region, or language is prohibited in Islam.
- All people are equal before Allah, and the most noble is the most righteous and sincere.
Right to Liberty
- Islam forbids capturing free men to make them slaves or selling them into slavery.
- Islam encourages freeing slaves and solved the problem of slavery in Arabia.
Freedom of Expression, Speech, and Thought
- Islam grants citizens the right to freedom of speech, thought, and expression, as long as it is used for virtue and truth, not evil.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
This quiz covers the development of human rights law, from its early ideas and landmarks such as the Magna Carta to the acceptance of natural rights as legal rights.
