Chapter 11 - Pursuing Justice Through Human Rights

Introduction to Human Rights

• Human rights include structures and processes to monitor, implement, and hold nations accountable for violations.
• Nations undermine justice when they abuse power and control, failing to correct inequality.
• Human rights involve legal obligations and addressing injustices through social movements.

Human Rights Overview

• Human rights fundamentally concern the relationship between nations and their citizens.
• A human right is inherent to all humans regardless of personal characteristics.
• Human rights are legally recognized for every human, without discrimination based on ethnicity, culture, religion, gender, age, handicap, or circumstance.

Types of Human Rights

• First Generation Rights are civil and political rights including liberty rights; governments must not interfere with these rights.
• Included under First Generation Rights are security, equality before the law, freedom of movement, thought, conscience, opinion, expression, assembly, association, and participation.
• Second Generation Rights focus on economic, social, and cultural aspects, ensure adequate living standards, education, cultural life, health, social security, and the right to work in favorable conditions.
• Governments must actively provide programs and services under Second Generation Rights.
• Third Generation Rights address poverty and famine and promote group solidarity and collective rights with a mix of positive and negative rights.
• Included under Third Generation rights are the right to peace, humanitarian relief, sustainable development, social development, and cultural self-determination.
• Fourth Generation Rights focus on non-human life forms and bioethical issues, referred to as New Frontier rights.
• Included under Fourth Generation rights are endangered species, humane treatment of animals, fetus rights, right to choose to end one's life with assistance, and rights of rivers, lakes, and oceans).

Essential Human Rights Principles

• Human rights are universal, extended to all regardless of location.
• Human rights are inalienable, only removed by due process in specific cases.
• Human rights are interdependent and indivisible; improvement or degradation of one right affects others.
• Equality and non-discrimination are included in human rights treaties and international law.
• Entitlement to human rights implies an obligation to respect the rights of others.

Brief History of Human Rights

• Historically, land ownership or aristocracy conferred rights; few others had rights.
• The modern era (1900-present) introduced economic, social, cultural, and collective rights, with global spread.
• The year 1948 marked the release of the Universal Declaration of Human Rights.

United Nations - Overview

• The UN Charter of 1945 outlines four main purposes: maintaining peace and security, developing friendly relations among nations, fostering social and economic cooperation across countries, and harmonizing actions of nations.

United Nations Overview - Continued

• The UN includes five main organs: the General Assembly, Economic and Social Council, Security Council, International Court of Justice, and UN Secretariat.
• The General Assembly is the a UN body with universal representation, where each country has one vote and where treaties are adopted.
• The Economic and Social Council coordinates work, research, policy, and dialogue through recommendations to 54 members and nine committees that monitor treaty implementation.
• The Security Council maintains international peace and security by assessing threats and recommending settlement options.
• The International Court of Justice settles legal disputes and provides advisory opinions on legal matters.
• The UN Secretariat handles administrative work mandated by the General Assembly.
• The UN has humanitarian and military intervention roles when atrocities like genocide occur.
• Unilateral interventions occur when one country forcibly enters another based on humanitarian grounds.
• Engaged representatives monitor, measure, and ensure compliance involving engagement, research, and reporting and presentation from non-governmental organizations.
• The UN has a non-adversarial approach with a weak monitoring ability, opting for public shaming to advance human rights.

Rights of Indigenous People in Canada

• The UN Declaration of Rights of Indigenous Peoples (UNDRIP) was passed in 2007 after 25 years of activism.
• UNDRIP is regarded as a validation of colonialism and oppression, aiming to empower Indigenous Peoples.
• Canada initially voted against UNDRIP but became a supporter in 2016, requiring measurement, reporting, and compliance with its principles.

UNDRIP

• UNDRIP protects Indigenous peoples' collective rights without overriding existing agreements.
• UNDRIP comprises 45 articles including foundational rights, self-governance, life and security, culture, education, information, participation, development, economic and social rights, country rights, resources, and traditional knowledge.
• UNDRIP is referenced in the Truth and Reconciliation Calls to Action #43 and #44.

Issues and Debates related to Human Rights

• A country's failure to meet Indigenous Treaty obligations is a barrier to human rights.
• There is the belief that sovereign nations should have ultimate power over their citizens.
• Cultural relativism opposes formal justice due to unequal treatment across nations.
• Some nations use Human Rights to advance political agendas, using it as a tool to invade sovereign nations.
• Transnational corporations benefit from open borders, establishing factories and extracting resources.
• TNCs sometimes violate workplace standards and infringe upon environmental rights.
• TNCs are not obligated to follow international legal principles.
• Sovereign states are responsible for protecting human rights from abuse.

Human Rights in Relation to Social Justice - Dimensions

• Social justice protects equal access to rights and looks after the least advantaged.
• Four dimensions relate social justice and human rights: Equitable distribution, recognition of dignity, important participation, and capacity development.

Conclusion

• Human rights in international treaties are the means to pursue formal justice.
• Although these treaties are not legally binding, the UN monitors, measures, and holds nations accountable for abuses.