IB Global Politics HL - Human Rights Unit

Codification: The process of creating laws and regulations that protect human rights. Creates a legal framework for protecting human rights and holding governments accountable for violations.

Protection: The measures taken to prevent human rights violations and to provide justice for those whose rights have been violated. Ensures that individuals are able to exercise their rights without fear of retaliation or harm.

Promotion: The efforts to raise awareness of human rights and to encourage their implementation. Creates a culture of respect for human rights and encourages individuals and governments to take action to uphold them.

Monitoring: The process of observing and reporting on human rights violations. Helps identify and prevent human rights abuses.

Basic claims and entitlements that, many argue, one should be able to exercise simply by virtue of being a human being. Many contemporary thinkers argue they are essential for living a life of dignity, are inalienable, non-discriminatory, indivisible, and should be accepted as universal.

Positive rights are entitlements that require others to provide or guarantee certain goods or services, such as the right to education or healthcare. Negative rights, on the other hand, are freedoms that others must refrain from interfering with, like the right to freedom of speech or religion.

Collective rights are granted to a group based on their shared identity or interests, like cultural or linguistic rights. Individual rights are specific to each person, like freedom of speech or the right to privacy.

• Indivisible Humanity → Moral responsibilities transcend borders, requiring us to aid those in need, regardless of nationality.

• Global Interdependence → Crises in one state can have ripple effects throughout the world, necessitating collective action.

• Regional Stability → Humanitarian emergencies can destabilize entire regions, prompting intervention to preserve order.

• Promoting Democracy → Intervention can be justified when people are unable to democratically address their own suffering.

• International Community → Intervention upholds shared values and establishes standards for how governments treat their citizens.

• Infringement on Sovereignty → Intervention violates the principle of state sovereignty, which is enshrined in international law.

• Self-Interest → Realists argue that humanitarian intervention is often a pretext for pursuing national interests. States are unlikely to risk their own citizens' lives solely to help others.

• Inconsistency → Applied selectively, depending on media attention and political considerations. Double standards and the politicization of intervention.

• Oversimplification → Intervention often portrays conflicts as struggles between good and evil; ignores the complex moral dilemmas that are inherent in international relations.

• Cultural Relativism → Can be seen as a form of cultural imperialism, imposing Western values on other cultures. Questions universality…

Adoption date: 1948

Adopted by: The United Nations General Assembly

Purpose: Created in response to the “barbarous acts which […] outraged the conscience of mankind” during the Second World War. Its adoption recognized human rights to be the foundation for freedom, justice and peace.

Universalism asserts the existence of universal values that transcend cultural boundaries, believing in a common humanity that unites all people and warrants a universal set of human rights. Cultural relativism, on the other hand, denies the existence of universal values, holding that values are relative to culture and that each culture has its own unique set of morals and ideas of right and wrong. In essence, universalism views morality as objective, while cultural relativism views morality as subjective.

Successes:

• Promotes human rights: It has been widely disseminated and has helped to make people around the world aware of their human rights.

• Provides a common standard for human rights protection: The UDHR has been used as a reference point for the development of national and regional human rights instruments.

• Holds governments accountable: The UDHR has been used to hold governments accountable for their human rights records.

Critiques:

• Lack of enforceability: The UDHR is not a legally binding document and does not create any enforceable obligations for states.

• Interpretation disputes: There is ongoing debate about the interpretation of some of the provisions of the UDHR.

• Western perspective: Not universal and is not representative of the many cultures of the world

Type of body: Rights upholding mechanism

Body name: International Criminal Court

Purpose: A court of last resort that investigates and prosecutes individuals accused of the most serious crimes of international concern, namely genocide, crimes against humanity, war crimes, and crimes of aggression.

1. Referral: Can initiate investigations in three ways:

• Referral by a State Party to the Rome Statute (the treaty that established the ICC)

• Referral by the United Nations Security Council

• On its own initiative, based on information from other sources

2. Investigation

• Sends a team of investigators to the scene of the alleged crimes to gather evidence and interview witnesses.

• If the investigators find sufficient evidence, they may prepare a case against the suspects and submit it to the ICC Prosecutor.

3. Trial

• The Prosecutor then decides whether to bring charges against the suspects.

• If the Prosecutor decides to bring charges, the case goes to trial before a panel of judges.

• The judges decide whether the suspects are guilty and, if so, what sentence they should receive.

Successes:

• The ICC provides a way for the international community to address cases that individual countries are unable or unwilling to handle.

• The ICC can intervene when a country's own legal system is unable or unwilling to prosecute serious crimes.

• The ICC is an independent court that is not controlled by any one country.

• The ICC was the first international criminal court to recognize sexual violence, forced prostitution, and forced sterilization as crimes.

Critiques:

• The ICC does not have its own police force to investigate crimes

• Countries can refuse to cooperate with ICC investigations

• Many powerful countries are not members of the ICC

• The Arab world is not well-represented in the ICC

• The ICC is often seen as unfairly targeting African countries

• The ICC relies on member states for funding, which can limit its independence

Type of body: Rights upholding mechanism

Body name: Human Rights Council (Charter-Based)

Purpose: A United Nations inter-governmental body responsible for strengthening the promotion and protection of human rights around the world. The HRC is made up of 47 Member States elected by the UN General Assembly. The HRC meets three times a year, and its sessions are open to the public.

The HRC has a number of mechanisms for promoting and protecting human rights, including:

• The Universal Periodic Review (UPR): The UPR is a mechanism through which the human rights records of all UN Member States are reviewed on a regular basis. The UPR process involves a State-led review, a peer review by other Member States, and a review by civil society organizations.

• Special Procedures: The HRC has a number of Special Procedures, which are independent experts or working groups mandated by the HRC to investigate and report on specific human rights issues or countries.

• Country-specific resolutions: The HRC can adopt country-specific resolutions to address human rights concerns in a particular country.

• Thematic resolutions: The HRC can adopt thematic resolutions to address human rights issues of global concern.

Successes:

• It provides a forum for States, civil society organizations, and individuals to raise human rights concerns.

• It works to promote and protect human rights around the world.

• It monitors the human rights situation in different countries.

• It holds States accountable for their human rights obligations.

Critiques:

• It is a political body, and its decisions can be influenced by political considerations.

• It does not have the power to enforce its resolutions.

• It is dependent on Member States for cooperation.

• It has been criticized for being biased against certain countries.

Type of body: Rights upholding mechanism

Body name: International Court of Justice

Purpose: The principal judicial organ of the United Nations. It was established in 1945 by the Charter of the United Nations and began work in 1946. The ICJ is seated in the Peace Palace in The Hague, Netherlands.

Composition: 15 judges elected by the United Nations General Assembly and the Security Council for nine-year terms. No two judges can be from the same country.

The ICJ has two main functions:

• To settle disputes between States in accordance with international law.

• To give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.

Steps:

• To settle a dispute: A State must file an application with the ICJ. If the Court accepts the application, it will hold hearings and then issue a judgment. Judgments of the ICJ are binding on the parties to the dispute.

• To give an advisory opinion: the ICJ must be requested to do so by an authorized United Nations organ or specialized agency. Advisory opinions of the ICJ are not binding, but they are highly respected.

Successes:

• It provides a peaceful way for States to resolve their disputes.

• It plays an important role in developing international law.

• It helps to promote the rule of law in the world.

• It sets standards for human rights and other international legal norms.

Critiques:

• It can only hear cases between States.

• It can only issue judgments and advisory opinions if the parties involved agree to its jurisdiction.

• It has no power to enforce its judgments.

• It is dependent on States for cooperation.

Type of body: Rights upholding mechanism

Body name: The Committee on the Rights of the Child

Purpose: The CRC is a treaty-based body of 18 independent experts that monitors the implementation of the CRC by its state parties.

Meetings:

• The CRC meets three times a year to review the progress made by States parties in implementing the CRC.

Monitoring:

• States parties are required to submit reports to the CRC every five years, outlining their progress and challenges.

Protection:

• The CRC also considers individual complaints from children and their families who allege that their rights have been violated.

Successes:

• Holds States parties accountable for their obligations under the CRC.

• Promotes and protects the rights of children around the world.

• Helps to identify and address challenges to the implementation of the CRC.

Critiques:

• The CRC is not a court of law, and it cannot enforce its decisions.

• The CRC relies on the cooperation of States parties to implement the CRC.

• The CRC can be criticized for being too focused on individual rights, and not enough on collective rights.

Emphasizes the importance of power, self-interest, and competition among states in international relations. It assumes that states are the primary actors and pursue their national interests, often through military force or coercion. Realists believe that conflict is inevitable and that international institutions have limited impact on shaping state behavior.

A viewpoint that advocates for gender equality and challenges traditional gender roles and norms. It aims to address and dismantle systemic oppression and discrimination against women, promoting social, political, and economic empowerment. It emphasizes the importance of intersectionality and inclusive feminism.

The liberalist perspective in global politics emphasizes the promotion of individual freedom, human rights, democracy, and international cooperation. It advocates for the protection of civil liberties, free trade, and the pursuit of social progress on a global scale.

Perspective that emphasizes the importance of ideas and values in shaping international relations. It suggests that the behavior of states and the dynamics of the international system are influenced by the beliefs, norms, and principles held by political actors. Idealists argue that promoting cooperation, human rights, and international institutions can lead to a more peaceful and just world order.

Association: Liberty

Focus:

• Civil & Political Rights

• Negative Rights

• Individual Rights

• Articles 2-21 in UDHR

Association: Equality

Focus:

• Economic, Social, & Cultural Rights

• Positive Rights

• Individual & Collective Rights

• Articles 22-27 in UDHR

Association: Fraternity

Focus:

• Solidarity Rights (could extend to Cultural, Economic, and Civil)

• Positive & Negative Rights

• Collective Rights

• Article 28 in UDHR

Having freedom and autonomy. It is often divided into positive and negative liberty, with negative liberty defined as individuals having freedom from external coercion and positive liberty defined as individuals having the autonomy to carry out their own rational will.

Egalitarian theories are based on a concept of equality that all people, or groups of people, are seen as having the same intrinsic value. Equality is therefore closely linked to justice and fairness, as egalitarians argue that justice can only exist if there is equality.

Often closely associated with the idea of fairness and with individuals getting what they deserve, although what is meant by deserve is also contested.

Cultural rights aim to ensure the enjoyment of culture and its components in conditions of equality, human dignity, and non-discrimination. More specifically, it includes access to and preservation of culture, language rights, cultural expression rights, and the protection of minority cultures

Focus on the legal membership in a given political state. These rights are universal and may vary from state to state.

Relate to the ability of individuals and communities to live in dignity and participate fully in society. They include the right to work, the right to housing, and the right to an adequate standard of living. These rights usually require a high level of financial investment from the state to uphold.

Relate to the ability of individuals and communities to live in dignity and participate fully in society. They include the the right to education, the right to healthcare, the right to food, and the right to social security. These rights usually require a high level of financial investment from the state to uphold.

Relate to the collective rights of society or peoples. These rights aim to ensure that individuals and communities can live in dignity and participate fully in society. They include the right to sustainable development, the right to peace, and the right to a healthy environment.

Positive liberty refers to the ability to actively pursue one's goals and aspirations, WITH the necessary resources and opportunities provided by society. Negative liberty, on the other hand, focuses on the absence of external constraints or interference, allowing individuals to act freely without restrictions.