FLS Chapter 12_ Human Rights

FLS Chapter 12_ Human Rights - Human rights are rights that...

Info icon This preview shows pages 1–2. Sign up to view the full content.

Human rights are rights that all individuals possess by virtue of being human, regardless of their status as citizens of particular states or members of a group or organization. These rights are universal and apply to all humans equally. The Universal Declaration of Human Rights (UDHR) follows WWI and the Holocaust, the nascent UN agrees (to some extent) on the basic definitions of human rights...marriage, property, freedom of thought, employment, education, slavery, rest and leisure. Positive rights are the freedom to something like food, education, housing, healthcare, income. It requires action on the part of the state. Negative rights are freedom from something like torture, extrajudicial execution, political imprisonment, disappearance, freedom of speech, private property. This requires inaction on the part of the state. Traditionally, we believe that positive rights are more costly but not always. Sometimes, referring to the principal-agent relationship, agents go off on a tangent and abuse rights. Controlling agents are costly. Corruption exists when agents are poorly paid and they see its more beneficial to accept bribes. It also cost money to repress. International Covenant on Civil and Political Rights (ICCPR) details the basic civil and political rights of individuals and nations. They forbid torture, slavery, and arbitrary arrest/detention. International Covenant on Economic, Social and Cultural Rights (ICESCR) specifies the basic economic, social and cultural rights of individuals and nations. They forbid exploitation of children and require cooperation to end world hunger. This took place during the Cold War and attempts at cooperation were often stalled so the solution was to write two separate treaties one focusing on civil and political rights of liberty then favored by the West and one focusing on the economic, social and cultural rights of equality and brotherhood supported by the then communist states and developing world. Together, the UDHR and the twin covenant are often referred to as the International Bill of Rights which forms the core of the international human rights regime. The US has signed and ratified the ICCPR, but claimed that its provisions were not “self- executing.” Why would the US do this? The US signed the ICESCR but never ratified it because they want to have their own sovereignty and they don’t want international law to infringe on that. Basically, the US wants nothing to do with this. The laws in UDHR, the ICCPR and the ICESCR are so general that its not really binding when states sign and ratify these treaties. The serve the purpose of stating human rights and states that sign on have some intention of respecting them. Some states have an interest in imposing human rights law on them as a means of demonstrating their commitment to democracy and political liberalization. States with an autocratic or possibly abusive pasts sign human rights agreements in an attempt to lock in their new institutions and improved practices. By committing to international agreements that may carry some cost if they
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern