Revision of Human Rights PDF

Revision Dr. Mariam Waheed [email protected]  The State State, political organization of society, or the body politic, or, more narrowly, the institutions of government. The state is a form of human association distinguished from other social groups...

Revision Dr. Mariam Waheed [email protected]  The State State, political organization of society, or the body politic, or, more narrowly, the institutions of government. The state is a form of human association distinguished from other social groups by its purpose, the establishment of order and security ; its methods, the laws and their enforcement; its territory, the area of jurisdiction or geographic boundaries; and finally by its sovereignty. The history of the Western state begins in ancient Greece.Plato and Aristotle wrote of the polis, city-state.  Elements of the state Government People Land Sovereignty Recognition  Sovereignty The authority of a state to govern itself. The supreme power especially over a body politic. sovereignty (over something) complete power to govern a country.  Courts in Egypt The common or general court system has three basic levels: Courts of First Instance, Courts of Appeal, and the Court of Cassation. In criminal cases, those three levels take the form of summary courts (misdemeanors and petty offenses), criminal courts (felonies), and the Court of Cassation. Court of Cassation The Court of Cassation is the supreme court of the common court system  Courts of Appeal Hears civil appeals and conducts felony trials in panels of three judges. Courts of First Instance The first level of litigation in civil cases and non-felony criminal cases.  Administrative courts in Egypt The Supreme Administrative Court is the supreme court of the administrative court system in Egypt In some countries, the term State Council refers only to the Supreme Administrative Court, but in Egypt the term is used to refer to the entire administrative court system.  Article 190 of the 2014 constitution states: The State Council is an independent judicial body that is exclusively competent to adjudicate in administrative disputes, disciplinary cases and appeals, and disputes pertaining to its decisions. It also solely competent to issue opinions on the legal issues of bodies to be determined by law, review and draft bills and resolutions of a legislative character, and review draft contracts to which the state or any public entity is a party. Other competencies are to be determined by law.  Administrative courts The idea of an administrative court system is adopted from the French legal tradition. The administrative court system operates in parallel with the common court system. Administrative courts are courts of limited jurisdiction that adjudicate disputes involving government personnel decisions (appointments to public office, promotions, failures to promote, transfers, retirement, salaries, pensions, etc.) and disputes involving administrative contracts in which the amount in dispute does not exceed 500 Egyptian pounds (about $65).  Supreme Administrative Court The Supreme Administrative Court sits in Cairo, is presided over by a President of the Supreme Administrative Court, and hears cases in panels of five, roughly analogous to the Court of Cassation in the common court system.  Courts in Egypt …. Cont. Employment and labor relationships in Egypt are regulated by the Egyptian Labor Law No. 12/2003. The Egyptian Labour Law No. 12 of 2003 (the Labour Law) is the primary legislation applicable to employees of the private sector in Egypt. Labor courts ‫المحاكم العمالية‬are courts to settle disputes that take place in the workplace ( in the private sector ). Labor law no. 12 of 2003 is the applicable law in Egypt.  Supreme Constitutional Court The Supreme Constitutional Court is a specialized court comprised of a President (or Chief Justice) and ten Vice-Presidents (or Deputy Chief Justices), with the primary role of deciding the constitutionality of laws. The Supreme Constitutional Court is located in Cairo.  Supreme Constitutional Court Article 192 of the 2014 constitution provides that the Supreme Constitutional Court (SCC) “is exclusively competent to decide on the constitutionality of laws and regulations, interpret legislative texts, and adjudicate in disputes pertaining to the affairs of its members, in disputes between judicial bodies and entities that have judicial mandate, in disputes pertaining to the implementation of two final contradictory rulings, one of which is issued by any judicial body or an agency with judicial mandate and the other issued by another body, and in disputes pertaining to the implementation of its rulings and decisions.”  Human Rights There are many types of Human Rights. One type is civil rights Civil rights include the right to free speech, privacy, religion, assembly, a fair trial, and freedom of thought. The term “civil rights” comes from the Latin term “ius civis,” meaning “rights of a citizen.” Anyone who is considered a citizen of a country should be treated equally under the law. Types of Human Rights Cultural Rights ( Example : Culture , religion, engaging in cultural life, using their own language ) Political Rights ( Example : Right to vote, Right to run for candidacy, Liberty, Security, Freedom of expression, Right of Assembly ) Economic Rights ( Example : Ownership and property rights ) Social Rights ( Example : healthcare, education, freedom from discrimination) Civil Rights ( Example : Equal protection under law, Fair trial )  Women Rights Equal pay for equal work is a challenge Political rights ( not all political rights are given to women equally with men in some countries ) A lot of cultural restraints on women. Human Rights Day ( 10 December 2023) Prior to the Universal Declaration of Human Rights The Geneva Conventions are a series of treaties on the treatment of civilians, prisoners of war (POWs) and soldiers who are otherwise rendered hors de combat (French, literally "outside the fight"), or incapable of fighting.  Geneva conventions International human rights law began as a response to the horrors of war, in particular World War II, although the Geneva Conventions had begun earlier. Geneva Conventions ( 1949) The Geneva Conventions are a series of treaties on the treatment of civilians , prisoners of war ( POWS ) and soldiers who are otherwise rendered hors de Combat ( French, literally outside the fight or incapable of fighting ). Human rights according to the UN Declaration of Human Rights Human rights are "inalienable rights of all members of the human family" (Universal Declaration of Human Rights). Thus, human rights are, in principle, applicable to every person, regardless of their nationality.  Human rights are universal according to the Universal Declaration of Human Rights  Human rights are interdependent and interrelated This means that economic rights, political rights and cultural rights depend on each other.  The formation of the United Nations gave human rights international legitimacy, particularly because many nations signed the United Nations Charter , which specifically mentions human rights ( Preamble, Chapter I).  Universal Declaration of Human Rights International human rights law, through treaties, acts upon states. Documents such as the Universal Declaration of Human Rights proclaim the ideals of nations aspiring to respect the human rights of people of all nations. Legally, however, these documents do not bind countries.  Positive versus Negative Rights Positive vs Negative Freedoms/Rights  Negative freedoms/rights Right to life, property, equal protection under the law, freedom of speech, civil and political rights. The concern here is to protect the individual from arbitrary authority that would interfere with these rights.  Positive freedoms/rights: enabling rights, entitlements to something, e.g. to health care, shelter, a basic level of welfare.  What are the sources/foundations for rights? A.Divine sources/religion B.Philosophies C.Science  Theories of Human Rights Two main theories : 1) Natural Rights theory Emphasis on that human rights are intrinsic in nature No need for laws to guarantee human rights 2) Legal Rights theory The rule of law is an essential implementation mechanism for human rights according to the legal theory of human rights  Philosophical foundations of Human Rights Philosophical foundations of Human Rights Reading : Andrew Clapham , Look at Rights ( Chapter 1 ) Philosophical Foundations of Human Rights Ancient Egyptian Civilization ( Eloquent peasant papyrus – Social Justice ) Ma'at is the ancient Egyptian law based on the idea of harmony and balance Code of Hammurabi The Code of Hammurabi is a Babylonian legal text It is the longest, best- organised, and best-preserved legal text from the ancient near East.  The Magna Carta of 1215 In Britain, Magna Carta (1215) was the first document to place limits on the absolute power of the king and make him accountable to his subjects. It decreased the powers of the monarch ( i.e. the king ) American Declaration of Independence 1776 It stated that all men are created equal. The three main rights elaborated by Jefferson “ Life, Liberty and Pursuit of Happiness “.  The French Declaration of the Rights of Man and of the Citizen 1789 Life, Liberty, Fraternity  International tribunals to protect human rights The European Conventions and American Conventions on human rights have international tribunals to bring claims of violations of human rights. Philosophers and human rights Hugo Grotius Thomas Hobbes John Locke Jean Jacques Rousseau Jeremy Bentham John Stuart Mill Thomas Jefferson Thomas Paine Edmund Burke Mary Wollstonecraft Olympe de Gouges  Hugo Grotius The one aspect of the universal laws of nature was the right of all individuals and groups to self-preservation. He was a natural law thinker as he based his theory on natural rights.  Thomas Hobbes He emphasized the right of self-preservation and security of the individual.  John Locke He emphasized the right of Life, Liberty and Property  Jean Jacques Rousseau He emphasized the importance of the application of general will for the protection of human rights.  Jeremy Bentham He was a legal rights theorist and he was one of the first thinkers to talk about the importance of law to protect human rights. He argued the all rights were the creation of the state: Rights are, then, the fruits of the law, and of the law alone.  John Stuart Mill He emphasized the following rights: Liberty of individuals Freedom of thought Freedom of Expression Minority rights Women rights  Thomas Jefferson Life, Liberty, Pursuit of Happiness  Thomas Paine He was revolutionary. He said the right of revolt is an important right. He also worked on the 1776 Constitution of Pennsylvania and for the subsequent abolition of slavery in that state.  Edmund Burke He was critical of the French Revolution. In the Reflections on the revolution in France , Burke opposed the revolution. He opposed giving individuals the right to revolt  Mary Wollstonecraft She called for protection of women rights. She was one of Britain's first great feminist writers. She wrote the “ Vindication of the Rights of Women “ women were only seen as inferior to men because they did not have the same opportunities for a good education.  Olympe de Gouges Olympe de Gouges promoted women rights (by appealing to Queen Marie Antoinette) and wrote “ a Declaration of the Rights of Women and a 'Social Contract Between Man and Woman’.  Europe – Renaissance Era The conflict of interest in Europe between bourgeoisie and aristocrats gave birth to freedom and equality.  Renaissance Era The cultural, artistic, political and economic “rebirth” in Europe, referred to as the Renaissance, occurred during the 14th-17th centuries. Renaissance is a French word and it means rebirth. Here and Now instead of Hereafter. Emphasis of human rationality. Political results of the Protestant Reformation The church ( Religious authority ) and the state ( Temporal authority ) were separated. This was the beginning of the introduction of secularism ( which means the separation between the church and the state ) The protestant reformation contributed to the rule of the kings rather than the church. Also it contributed to the formation of the nation- state rather than the Roman empire which was ruled for a long time through the Roman Catholic Church.  Religions and Human Rights Monotheistic Religions The three religions of Judaism, Christianity and Islam are monotheistic religions which means worshipping one God Nontheistic Religions They either believe in a lot of Gods or they don’t believe the existence of Gods The most famous and widely considered nontheistic religions are Buddhism, Confucianism, Taoism, and Jainism.  Religions and human rights Islam and Human Rights Examples of human rights in Islam : 1) The Right to Life. The first and the foremost basic right is the right to live and respect human life. 2) The Right to the Safety of Life. 3) The Right to a Basic Standard of Life 4) The Rights of women in Islam 5) Islam encouraged people in different ways to set their slaves free. 6) The Right to Justice. 7) Equality of human beings. ( All people are equal in the sight of Allah ) 8) Human dignity.  Christianity and Human Rights Examples of Human Rights in Christianity: 1) Equality between humans. 2) Christian Brotherhood. 3) Human dignity. 4) Justice. 5) Right to life. 6) Right to a good standard of living  Judaism and Human Rights Human rights are an integral part of the faith and tradition of Judaism. Torah Ten Commandments The mitzvot are Jewish laws. There are 613 mitzvot in the Torah and they guide Jews on how to live a good life.  Confucianism Confucianism is often characterized as a system of social and ethical philosophy rather than a religion. Confucianism built on an ancient religious foundation to establish the social values, institutions, and transcendent ideals of traditional Chinese society. Confucianism was part of the Chinese social fabric and way of life; to Confucians, everyday life was the arena of religion. Confucianism Ren, sometimes translated love or kindness, is not any one virtue, but the source of all virtues. The three legs of the tripod : 1) filial devotion, or filial piety. 2) humaneness. 3) ritual or ritual consciousness. * Respect for one's parents, filial piety, is considered the most fundamental of the Confucian values, the root of all others.