Week1-2InternationalHumanRightsNotes.pdf POL S 368
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This 9 page Class Notes was uploaded by MS Notetaker on Friday October 9, 2015. The Class Notes belongs to POL S 368 at University of Washington taught by Jason Mayerfeld in Summer 2015. Since its upload, it has received 45 views. For similar materials see International Human Rights in Political Science at University of Washington.
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Date Created: 10/09/15
Human Rights vs Legal Rights Human Rights vs Legal Rights Legal Rights Rights promised to us by the law Human Rights Law doesn t always guaranteeprotect Idea of human rights is separate from legal rights and comes before the law Can be used as an independent standard for measuring the legitimacy of the law Example People had a legal right to own slaves however this is not a human right Most human rights require some form of legal recognition to back them Necessary for effective protection If no legal backing could lead to rebellion Law provides a forum where we can negotiate provisional agreement about human rights Law can transmit the value of human rights may be taken more seriously The law generally provides some element of moral authority for most people The law gives us an opportunity for thoughtful deliberation about the meaning of human rights Sometimes human rights raises difficult questions about boundaries The law gives us the structure to carry out such deliberation and interpret human rights and the law An example of this is how the courts come to decisions as well as the scrutiny of the general public 0000 US Declaration of Independence 1776 quotWe hold these truths Safety and Happinessquot quote directly references quotSelf evident Human Rights as well as a theory of political legitimacy closely tied together Intellectual debt to the English Levellers John Locke English Bill of Rights 1689 English common law How the King of England violated the rights of the colonists Not long after the Declaration slavery was abolished in most states The problem of slavery 0 Samuel Johnson quotHow is it that we hear the loudest yelps for liberty among the drivers of the negroesquot US Constitution A human rights document and charter of human dignity The problem of slavery again Constitutional convention that met in Philadelphia 1787 0 After delegates agreed on a draft which was then sent to the states to ratify James Madison promised a Bill of Rights if ratified Madison is responsible for drafting the Bill of Rights 0 By 1789 the new system was up and running under the leadership of George Washington Rights in the original 7 articles 1787 o Habeas corpus may not be suspended quotunless when in cases of rebellion or invasion the public safety may require itquot Habeas Corpus The right of a prisoner to challenge the legality of his or her detention before a judge Protection against unlawful imprisonment Habeas Corpus literally translates to quotshow me the bodyquot O Only Congress may suspend Habeas Corpus and only under the extreme circumstances listed in the article above No ex post facto laws Retroactive punishments Laws that declare an act to be a crime and therefore punishable and apply the punishment after the act was committed Referred to as the quotprinciple of legalityquot No bills of attainder Bypasses due process bypasses trial announces someone has committed a crime and will be punishment Trial byjury No titles of nobility Equality before the law Congress has power to declare war not the President Republican form of government guaranteed to all the states Limited Definition of treason necessary proof spelled out art 3 sec 3 Treason against the United States shall consist only in levying War against them or in adhering to their Enemies giving them Aid and Comfort No Person shall be convicted of treason unless on the Testimony of two Witnesses to the same overt Act or on Confession in open court No religious tests for public offices Cannot exclude people because of their religious beliefs Bill of Rights 1791 0 1st Amendment quotCongress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances 2nd amendment A well regulated militia being necessary to the Security of a free state the right of the people to keep and bear arms shall not be infringed 3rd Amendment quotNo Soldier shall in time of peace be quartered in any house without the consent of the Owner nor in time of war but in a manner to be prescribed bylaw 4th Amendment quotthe right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated quot Fifth Amendment quotNo person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury nor shall any person be subject to the same offence to be twice put in jeopardy of life or limb nor shall be compelled in any criminal case to be a witness against himself nor be deprived of life liberty or property without due process of the law quot Sixth Amendment quotIn all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed which district shall have been previously ascertained by law and to be informed of the nature and cause of the accusation to be confronted with the witnesses against him to have the assistance of counsel for his defense Eighth Amendment quotExcessive bail shall not be required nor excessive fines imposed nor cruel and unusual punishments inflictedquot Ninth Amendment quotThe enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the peoplequot Tenth Amendment quotThe powers not delegated to the United States by the Constitution nor prohibited by it to the States are reserved to the States respectively or to the peoplequot Civil War Amendments 0 13th 1865 quotNeither slavery nor involuntary servitude except as a punishment for crime whereof the party shall have been duly convicted shall exist within the United States or any place subject to their jurisdictionquot 14th 1868 quotNo state shall deprive any person of life liberty or property without due process of law nor deny to any person within its jurisdiction the equal protection of the lawsquot 15th 1870 quotThe right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race color or previous of servitudequot Subsequent Amendments 0 19th 1920 quotThe right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex 26th 1971 quotThe right of citizens of the United States who are eighteen years of age or older to vote shall not be denied or abridged by the United States or by any State on account of age Sources of Rights quotEndowed by Creatorquot quotLaws of Nature quotConsent of the Governedquot quotReasonquot Government exists to protect these rights 0 Amendment When it fails to do so the people have a quotrightquot to abolish government Protected Rights Additional PointsQuestions Human right or political legal 1 Religion right Speech Petition Assembly Press 2 Right to bear arms Blurred line between fundamentalpermanent rights and politics 4 Unreasonable search and seizures 56 Right to speedypublic trial Right to counsel Double jeopardy Due Process 8 CruelUnusual punishment Constitution cont 39 Additional remarks 0 The most important rights are the ones attributed to quotpersonsquot 0 Commitment to rights are also reflected in the form of government Defined by limited government government by popular consent checks and balances Checks and balances o A staple of constitutional theory Aristotle Locke Montesquieu Madison 0 Declaration of the Rights of Man and Citizen France 1789 Any society in which the guarantee of rights is not assured or the separation of powers not settled has no constitution 0 Within government different power centers keep an eye on each other to make sure constitutional obligations are honored 0 Example the habeas corpus clause Interpreting the Constitution 0 Some people think we should apply the meanings that were constitutional provisions at the time of ratification 0 Others think we should apply our own interpretation of the principles expressed in the Constitution The emergence of the international human rights movement after 1945 World War II as a turning point 0 From the ashes of 1945 horror at what has just transpired and eagerness to create something new 0 United Nations Charter 1945 Principle governing organs of the UN Charter General Assembly Security Council General Secretatriat Set of specialized organizations dealing with refugees food health the environment education culture human rights and ect 0 Universal Declaration of Human Rights 1948 This contains a lot of ideas and establishes guidelines for what quotshouldquot be but not all of them are actually in place Many parts of the Declaration of Human rights reflects parts of the amendments of the US Constitution 0 The goal of the United Nations to prevent war and promote international cooperation but mostly to prevent war The UN Charter 0 Article 1 The Purposes of the United Nations are 1 To maintain international peace and security 2 To develop friendly relations among nations based on respect for the principle of equal rights and selfdetermination of peoples 3 To achieve international cooperation in solving international problems of an economic social cultural or humanitarian character and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race sex language or religion 4 To be a center for harmonizing the actions of nations in the attainment of these common ends 0 New Rules laid down War is prohibited unless undertaken in salefdefense in response to an armed attack art 51 or authorized by the Security Council art 42 as a necessary means for preserving international peace and security 0 Human Rights in the UN Charter Affirmed in the Preamble Included among the United Nations39 core purposes Article 1 Article 55 The United Nations shall promote universal respect for and observance of human rights and fundamental freedoms for all without distinctions as to race sex language or religion Article 56 All members pledge themselves to take joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article 55 Article 62 Economic and Social Council may make recommendations for the purpose of promoting respect for and observance of human rights and fundamental freedoms for all Article 68 authorizes establishment of a Human Rights Commission Several UN organs have the promotion of human rights included among their responsibilities 0 Obstacles of the Charter Strong assertion of state sovereignty in Article 27 Nothing in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state but this principle shall not prejudice the application of enforcement measures under Chapter VII Does this shield states from intervention intended to halt human rights abuses The Human Rights Commission and the drafting and adoption of the Universal Declaration of Human Rights 194648 0 Original members of the Human Rights Commission Australia Belgium Byelorussia Chile China Egypt France India Iran Lebanon Panama Philippines Ukraine United Kingdom USA USSR Uruguay Yugoslavia Universal Declaration of Human Rights 0 Adopted unanimously by the General Assembly of the United Nations December 10 1948 o Recognizes rights to security due process freedom political participation social security 0 Vote is 48 to O with 8abstentions USSR Ukraine Byelorussia Poland Czechoslovakia Yugoslavia Saudi Arabia South Africa The practical impact of the UDHR o It has inspired people all over the world 0 Many of its provisions have become part of customary international law 0 Its provisions are widely copied in international human rights treaties 0 Its provisions are widely copied in national constitutions 39 Social and economic rights asserted in the UDHR articles 2227 0 the right to work and dignified conditions of work 0 the right to form trade unions o the right to rest and leisure o the right to an adequate standard of living 0 the right to social insurance against destitution o the right to education The significance of socioeconomic rights 0 The range of individual protections is expanded 0 Economic policy should be placed in a human rights frame Different approach to development Declaration of Human Rights Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom justice and peace in the world Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people Whereas it is essential if man is not to be compelled to have recourse as a last resort to rebellion against tyranny and oppression that human rights should be protected by the rule of law Whereas it is essential to promote the development of friendly relations between nations Whereas the peoples of the United Nations have in the Charter reaf rmed their faith in fundamental human rights in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom Whereas Member States have pledged themselves to achieve in co operation with the United Nations the promotion of universal respect for and observance of human rights and fundamental freedoms Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge Now Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations to the end that every individual and every organ of society keeping this Declaration constantly in mind shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures national and international to secure their universal and effective recognition and observance both among the peoples of Member States themselves and among the peoples of territories under their jurisdictio Article 1 All human beings are born free and equal in dignity and rights They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration without distinction of any kind such as race colour sex language religion political or other status Furthermore no distinction shall be made on the basis of the political jurisdictional or international status of the country or territory to which a person belongs whether it be independent trust nonself governing or under any other limitation of sovereignty Article 3 Everyone has a right to life liberty and security of person Article 4 Non one shall be held in slavery or servitude slavery and the slave trade shall be prohibited in all their forms Article 5 Non one shall be subjected to torture or to cruel inhuman or degrading treatment or punishment Article 6 Everyone has the right to recognition everywhere as a person before the law Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law Article 9 No none shall be subjected to arbitrary arrest detention or exile Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal in the determination of his rights and obligations and of any criminal charge against him Article 11 1 Everyone charged with a penal offence has the right to presumed innocent until proven guilty according to law in a public trial at which he has had all the guarantees necessary for his defense 2 No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence under national or international law at the time when it was committed Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offense was committed Article 12 No one shall be subjected to arbitrary interference with his privacy family home or correspondence nor to attacks upon his honour and reputation Everyone has the right to the protection of the law against such interference or attacks 0 Can39t rip someone39s reputation as justification for convicting them or arresting them Article 13 1 Everyone has the right to freedom of movement and residence within the borders of each state 2 Everyone has the right to leave any country including his own and to return to his country Article 14 1 Everyone has the right to seek and to enjoy in other countries asylum from persecution 2 This right may not be invoked in the case of prosecutions genuinely arising from non political crimes or from acts contrary to the purposes and principles of the United Nations Article 15 1 Everyone has the right to a nationality 2 No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality Article 16 1 Men and women of full age without any limitation due to race nationality or religion have the right to marry to found a family They are entitled to equal rights as to marriage during marriage and at its dissolution 2 Marriage shall be entered into only with the free and full consent of the intending spouses 3 The family is the natural and fundamental group unit of society and is entitled to protection by society and the State Article 17 1 Everyone has the right to own property alone as well as in association with others 2 Non one shall arbitrarily deprived of his property Article 18 Everyone has the right to freedom of thought conscience and religion this right includes freedom to change his religion belief and freedom either alone or in community with others and in public or private to manifest his religion or belief in teaching practice worship and observance 0 Similar to the 1st amendment of the Constitution Article 19 Everyone has the right to freedom of opinion and expression this right includes freedom to hold opinions without interference and to seek receive and impart information and ideas through any media and regardless of frontiers Article 20 1 Everyone has the right to freedom of peaceful assembly and association 2 No one may be compelled to belong to an association Article 21 1 Everyone has the right to take part in the government of his country directly or through freely chosen representatives 2 Everyone has the right of equal access to public service in his country 3 The will of the people shall be the basis of the authority of government this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures Article 22 Everyone as a member of society has the right to social security and is entitled to realization through national effort and international cooperation and in accordance with the organization and resources of each State of the economic social and cultural rights indispensable for his dignity and the free development of his personality Article 23 1 Everyone has the right to work to free choice of employment to just and favourable conditions of work and to protection against unemployment 2 Everyone without any discrimination has the right to equal pay for equal work 3 Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity and supplemented if necessary by other means of social protection 4 Everyone has the right to form and to join trade unions for the protection of his interests Article 24 Everyone has the right to rest and leisure including reasonable limitation of working hours and periodic holidays with pay Article 25 1 Everyone has the right to a standard of living adequate for the health and wellbeing of himself and of his family including food clothing housing and medical care and necessary social services and the right to security in the event of unemployment sickness disability widowhood old age or other lack of livelihood in circumstances beyond his control 2 Motherhood and childhood are entitled to special care and assistance All children whether born in or out of wedlock shall enjoy the same social protection Article 26 1 Everyone has the right to education Education shall be free at least in the elementary and fundamental stages Elementary education shall be compulsory Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit 2 Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms It shall promote understanding tolerance and friendship among all nations racial or religious groups and shall further the activities of the United Nations for the maintenance of peace 3 Parents have a prior right to choose the kind of education that shall be given to their children Article 27 1 Everyone has the right freely to participate in the cultural life of the community to enjoy the arts and to share in scientific advancement and its benefits 2 Everyone has the right to the protection of the moral and material interests resulting from any scientific literary or artistic production of which he is the author Article 28 Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized Article 29 1 Everyone has duties to the community in which alone the free and full development of his personality is possible 2 In the exercise of his rights and freedoms everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality public order and the general welfare in a democratic society 3 These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations Article 30 Nothing in this Declaration may be interpreted as implying for any State group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein
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