HURI-1001 Human Rights Foundations PDF

HURI-1001 Human Rights Foundations Week 1: Introduction to Human Rights Unpacking Human Rights Human Nature -​ Based on certain moral and philosophical prescriptions on what makes us and keeps us human -​ Underlying ‘nature’ of humanity Rights​ - Human righ...

HURI-1001 Human Rights Foundations Week 1: Introduction to Human Rights Unpacking Human Rights Human Nature -​ Based on certain moral and philosophical prescriptions on what makes us and keeps us human -​ Underlying ‘nature’ of humanity Rights​ - Human rights are a priori moral entitlements -​ CLAIMING vs. DEMANDING -​ They exist because we are human, and they are not contingent on being codified in law, but they can be subject to change? -​ Ladder of justice = Start local, go international. 3 Conditions of HR -​ Inalienable: Cannot be taken away -​ Equal: If you are human you have the same rights -​ Universal: Applies to all humans around the world Possession Paradox -​ Humans have rights, but do not enjoy them until they are threatened or taken away Civil and Political Rights -​ Class of rights that protect individuals freedom from infringement by governments, social organizations, and private individuals, and ensures one's ability to participate in the civil / political life of the society / state without discrimination and repression What is Locke saying about the church and the State that is relevant for Civil and Political Rights? -​ Nobody, therefore, in fine, neither single persons nor churches, nay, nor even commonwealths, have any just title to invade the civil rights and worldly goods of each other upon pretense of religion  HURI-1001 Human Rights Foundations Week 2: First Generation Rights, Situating Political and Civil Rights Historical Circumstances What conditions caused the emergence of the call for Universal Human Rights? -​ Expansion and consolidation of capitalist markets -​ Strong and exclusive hierarchies based on hereditary power, and feudal authoritarianism -​ Rise in a Bourgeois landed class with increased power War -​ Consolidation of one religion backed up by absolutist monarchies Rampant Inequality -​ Feudalism -​ Indentured servitude -​ Sexual division of labor Expansion of Capitalist Markets -​ Rise of the propertied class with capital and a need to invest it -​ Need for liberal property rights Who was Kondiaronk? -​ Indigenous chief who went to Paris -​ Great Peace of Montreal, 1701 Negative Rights: Preventing the State from taking away rights -​ “Government's only job is to protect human rights” -​ Negative rights enshrine obligations on governments and individuals to not violate another’s rights. -​ Civil & Political Rights are often considered to be “negative rights” Natural Law -​ Natural law posits the existence of a set of moral principles inherent in human nature and the natural world, discoverable through reason, and independent of human-made laws or societal conventions -​ These principles are thought to be universally applicable to all human beings, providing a basis for distinguishing right from wrong, justice from injustice Transcending Religious Sectarianism: Secular Universalism -​ As Europe was plagued by religious wars pitting Catholics and Protestants in a struggle to redefine religious and political structures, human rights visionaries like Hugo Grotius,  HURI-1001 Human Rights Foundations Samuel Pufendorf, Emmerich de Vattel, and René Descartes constructed a new secular language, affirming a common humanity that transcended religious sectarianism Separation of Church and State -​ John Locke -​ Enshrined into articles 18 & 19 of the Universal Declaration Right to Life: Protection against Torture and Capital Punishment -​ Thomas Hobbes, Leviathan -​ Enshrined into articles 3, 5-12 of the Universal Declaration Right to Property -​ Rousseau and Locke -​ Enshrined into article 17 of the Universal Declaration Enlightenment: The Age of Reason (1740-80) -​ Enlightenment thinkers believed that the basic principles underlying human nature were constant; they also believed that the human condition was destined for of improvement (with the application of knowledge and reason). For them, it was possible to formulate clear moral absolutes or universal standards regarding the state of human nature. -​ Enlightenment thought questioned the divine rule of kings (monarchies) and organized religion over people. They were theorizing about how to organize societies beyond hierarchical monarchical power structures. Specificity of Human Rights -​ Narrow and specific set of rights with their origin which points to underlying sense of universal humanity -​ Modern invention that has its roots in specific modern processes -​ This doesn’t mean non-modern European societies didn’t care about rights or social justice, but the discourse of human rights (and the ensuing constitutions and covenants) is a product of the Enlightenment Continue to the next page Positive Law: The Law of Man -​ Positive law refers to the body of laws that are established and enforced by a governing authority or legal system. These laws are written, codified, and formalized, and they govern the behavior of individuals and institutions within a jurisdiction. Positive law is created through legislative processes, judicial decisions, and administrative regulations  HURI-1001 Human Rights Foundations Week 3: First Generation Rights, Challenging Universality Enslaved People and the Revolution: Challenge 1 -​ Common held belief is that enslaved peoples in the colonies read enlightenment thought and responded to the revolutionary tides in Paris and responded by claiming their rights. -​ What is implied in this assumption? -​ What does Dubois demonstrate about the French colony of Guadeloupe during this revolutionary period? Haiti and Guadeloupe, the Fuels of the Revolution -​ -Maroon communities, Free blacks and Enslaved populations (from many African countries) on plantations -​ -not-so-secret language of revolt -​ -1791 abolition for free blacks and ‘mulattos’ born to free parents but not enough to stop revolutionary tide -​ -Language of rights and republicanism -​ -(stolen) Wealth from the colonies led to revolutionary consciousness in Europe -​ -Republican counterforce in Paris -​ -Why wasn’t slavery initially abolished by the National Assembly? -​ -1794-1802 Women and the Revolution: Challenge 2 -​ Before the French Revolution (1789), women in France seldom demanded full civil and political rights, with most discussion focusing on the right to education. -​ Women were considered “passive citizens” in that they were denied their political and civic rights to participate outside of the domestic sphere. -​ But, during the revolutionary period, that all changed. What changes does Ishay describe occurred in Europe and America which led to our modern-day conceptions of Human Rights? Philosophical Shifts: The Enlightenment introduced ideas about individual rights and the inherent dignity of all people, challenging traditional authority and promoting rational thought. Political Revolutions: Events like the American Revolution and the French Revolution emphasized liberty, equality, and the idea that governments should protect the rights of individuals. Legal Developments: The emergence of documents such as the U.S. Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen laid foundational principles for human rights. Social Movements: Various movements, including abolitionism and women’s rights, further shaped the discourse on human rights by advocating for marginalized groups. Global Context: The impact of colonialism and the responses to it also played a significant role, as international awareness of injustices fostered a broader human rights framework.  HURI-1001 Human Rights Foundations What were the characteristics of the distinctly Western, Liberal discourse of human rights? Individualism PERSONAL FREEDOM Equality GENDER CLASS What was, and in what way was, the Reformation important for the discourse on human rights? Skepticism QUESTIONING CHURCH What changes to economic life were occurring across Europe and why were they important for human rights? Emergence of Capitalism: The rise of capitalism transformed economies from feudal systems to market-oriented economies. This shift promoted individual entrepreneurship and the idea that individuals could pursue their own economic interests, aligning with the notion of personal rights and freedoms. Give some examples that Dubois uses to demonstrate how enslaved and 'hommes de couleur' in Guadaloupe came to understand their rights as humans and citizens. the Haitian Revolution, which inspired enslaved people in Guadeloupe. These revolts demonstrated the possibility of achieving freedom and rights, leading to a growing consciousness of their status as human beings deserving of liberty and equality. UNDERSTANDING CITIZENSHIP Week 5: What is Capitalism? -​ An economic system, at present the most dominant one in the world, where wage labor is the most dominant form of work and property is privately owned. It produces inequality based on class. The bourgeoisie and the proletariat. The Industrial Revolution (18th-19th century) -​ Urbanization -​ Modern Factory System -​ Living Conditions -​ Mechanicalization -​ Pollution -​ Work Time v Leisure Time First International - International Working Class Association (1864, Geneva) -​ Led by working class The Paris Commune (1871) -​ Working class seizes Paris Positive Rights -​ Require active provision or positive action from others, particularly the state, to ensure their fulfillment. Essential for ensuring human dignity to participate fully in society What was the end result by the end of the 19th Century Victories: Liberal  HURI-1001 Human Rights Foundations -​ Restricted kind of labor practices -​ The 10 and then 8 hour working day -​ “Special” labor rights for women and children Challenges -​ Shift to state-centrism with the rise of and consolidation of the Nation State across Europe (Germany) -​ Radical anti-capitalist agenda lost ot reforms -​ “Socialist” v “Liberal” notions of rights became embedded in the politics of the cold war The International Labor Organization (1919 - post WWI) -​ Led by governments (states) Indivisibility - If you don’t have them all, you don’t have any -​ All human rights are interconnected and equally important. They should not be separated, nor should they be divided Week 8: Second Generation Rights Progressive Realization: States are required to progressively achieve the full realization of these rights over a period of time. Regardless of resource availability, states have an immediate obligation to take appropriate steps to ensure continuous and sustained improvement in the enjoyment of these rights over time. Apartheid: Refers to policies and practices which deliberately segregate and discriminate between populations based on “race”. Definition comes out of the South African system. Abahlali baseMjondolo (South African “shack dwellers” Movement): -​ South African Constitution -​ Post Apartheid struggles for justice and equality -​ Apartheid persists in the economic/racial/spatial segregation still present in SA Distributive Justice (who gets a piece of the pie): Refers to the ethical/moral principle concerned with the fair allocation of resources, opportunities, and wealth within a society. Grassy Narrows: -​ Mercury discovered in 1975 in the water caused by logging industries -​ 2002 logging blockade that is still standing today -​ Causing ALS, cancer in the community -​ Clean water runs out frequently and is expensive to buy when there is no deliveries -​ Lots of plastic waste around the community because of the bottles and jugs -​ Their community is said to be river people -​ Water treatment plant still sends out contaminated water because the facility needs upgrades  HURI-1001 Human Rights Foundations -​ Targeting the government, the industries, and the people (us) to do something for them Week 9: Situating Third Generation Rights Definition: Rights that go beyond individual entitlements and address the collective well-being of communities, nations, and humanity as a whole. They emphasize collective interests and transitional cooperation to protect global goods and address issues that affect multiple nations and communities Context: Decolonization struggles and globalization/neoliberalism Examples (Right to): -​ Self determination -​ Economic development -​ Healthy environment -​ Natural resources Subject of rights: Collective/communal Burden of Responsibility: Nation state, but also International Community Enshrinement: Non treaty status (resolutions or declarations) Week 10: Situating Third Generation Rights / Solidarity Rights Colonialism: Territorial conquest, occupation, and direct control of a country by another Imperialism: Political and economic control by powerful and wealthy states on another state. Long distance commercial ties, with or without political ties Consolidation of Global Capitalism: -​ Monroe Doctrine 1823 -​ Atlantic Charter 1941 -​ Cold War and Non-Alignment From the end of WW1 came: Liberal: -​ Woodrow Wilson: Overcome war and enforce equality of rights -​ C & P rights embedded in Liberal Democracy (USA)  HURI-1001 Human Rights Foundations -​ Global Capitalism is key to freedom -​ League of Nations Socialist: -​ Bolshevik Revolution 1918 -​ Based in class struggle, focussed on USER rights Self Determination: Right of people to determine their own political status and pursue their own ESC development Woodrow Wilson (1856-1924): -​ By founding the principle of self-determination primarily on ethnic and cultural—rather than democratic—rights within given borders, Wilson inadvertently offered equal moral weight to irreconcilable conceptions of national autonomy Rose Luxembourg: -​ Observing Polish calls for self-determination from Russia she cautioned against the rise in ethnic/cultural nationalism led by elites as opposed from the standpoint of economic materialism. Cannot assume economic independence from political independence The storm that was blowing in the wind: -​ Between 1945 and 1970 there were over 3 dozen new countries formed in Asia and Africa. The Cold War galvanized some struggles, stalled others. Outcomes and processes varied from Liberal to Socialist to ‘Non-Alignment’ The Raging 60s: -​ Decolonial solidarity from Europe and North America -​ Colonial networks served to reinforce internationalist student solidarity -​ Decolonial scholars became widely read (Fanon, Cesaire, Said) -​ Violence regime responses (esp. Algeria) or outright involvement (Vietnam) galvanized radicality in North America Week 11: Third Generation Rights: Limits and Possibilities Zionism: -​ Origins with Theodore Herzl which establishes the need for a Jewish nation state in light of the persecution of the Jewish people -​ It was a quest for “self-determination” and the vassal was a nation state/territory -​ Chose Palestine which they claimed to be “empty” even though there were over 700 000 inhabitants of the territory at the same time  HURI-1001 Human Rights Foundations Balfour Declaration (1917): -​ Arthur Balfour said “ His Majesty’s government view with favor the establishment in Palestine of a national home for the Jewish people, and will use their best endeavors to facilitate the achievement of this object, it clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non Jewish communities … Palestine’s Encounter with 3 Colonial Projects: -​ 400 years of Ottoman rule -​ WW1 led to the crumbling of the Ottoman Empire - British start occupying Greater Syria -​ After the war in 1923, Britain took control of Palestine as one of its colonies (British Mandate of Palestine) -​ Jewish militias eventually took military control of the territory and when the British Mandate expired, the State of Israel was formed by the UN Timeline: 1917: Balfour Declaration 1923-1948: British rule following WW1 1948: UN partitions the Palestinian territory into 2 nation states, with Israel being born with the Nakba 1967: Israel expands its occupation into the West Bank and Gaza Watermelon Significance: -​ Liberation symbol because Israel banned Palestinian flags -​ The colors of the watermelon are the same as the Palestinian flag The Controversial TIPNIS Highway: -​ Indigenous Bolivian communities are fighting to stop a highway that is going to be built through their territorial communities, which will be used by companies for transporting cacao beans -​ The Bolivian State did not have consent from Indigenous communities to build the highway, but decide to try and start the process of construction -​ The Bolivian State claims that the highway will benefit the communities by connecting them with each other and pave the way for future development in farming and oil production - right to develop -​ The Indigenous communities claim that this is their sovereign land, and they don’t need a road because they travel using the rivers. They also claim that their communities will be destroyed and their children will have nowhere to live in the future - right to environment -​ This case is important because Evo Morales was an Indigenous person and still let this happen to his own people. The Bolivian Constitution also mentions that Mother Earth has its own rights, so this highway violates the constitution  HURI-1001 Human Rights Foundations -​ Project was canceled due to massive mobilizations, 2011 Right to Development: -​ Bolivia has the right to economic development, including developing its territories for for-market economic activities (Right for landless peasants to have land) Right to Environment: -​ The Indigenous Nations have the right to a healthy environment free of market economic activities (“Where will our children live, what will we live from?) Week 12: Fourth Generation Rights Fourth Generation Rights: -​ An evolving framework of human rights, focussing on challenges and opportunities brought by technological, scientific, and environmental developments -​ Addresses concerns in fields of AI, biotechnology, digital communications, and climate crisis -​ All 4 threaten human rights and challenge fundamental assumptions about humanity Legal Personhood (Person has rights): -​ Foundational concept of Western law, beings that hold rights/duties or have the capacity to do so under a legal system -​ The right to “recognition everywhere as a person before the law” is mentioned in the Universal Declaration of Human Rights Rights of Nature: -​ Argument that some parts of nature (waterways, species) be given rights/legal personhood -​ Challenges the concept of a only humans having rights, conventional approaches to human rights + environment, Anthropocentric worldviews about nature Intag Valley, Ecuador: -​ 20 year Canadian mining development -​ No consent from the communities -​ Ecuadorian constitution protects rights of nature, but lower level mining legislation went against it (mining code) -​ The communities won HURI-1001 Human Rights Foundations