Thematic studies: Rights and justice flashcards

Topic 2: Thematic studies: Rights and justice

How do you apply the four core concepts to a rights issue?

Power: who can define or enforce the right. Sovereignty: does the state claim exclusive authority, and how does that meet international human rights law? Legitimacy: is the state's position, or the claim against it, accepted? Interdependence: what pressure or obligations reach actors beyond the state?

Why is the Universal Declaration of Human Rights (1948) called soft law?

It is a UN General Assembly resolution, so it is not a binding treaty, yet it is highly influential and underpins later binding human rights treaties.

Which two 1966 covenants turned the UDHR into binding treaties?

The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Both entered into force in 1976 and bind the states that ratify them.

Universalism versus cultural relativism in human rights

Universalism: human rights apply to everyone everywhere, whatever the culture or state. Cultural relativism: rights claims should be understood in their cultural context; critics say this can be used to excuse abuses.

Individual versus collective rights

Individual rights belong to each person (free speech, a fair trial). Collective rights belong to groups (self-determination, Indigenous peoples' rights to land and culture, as in UNDRIP, 2007). The two can conflict.

What is the International Criminal Court (ICC)?

A permanent court set up by the Rome Statute (1998, in force 2002) to try individuals for genocide, war crimes and crimes against humanity. It acts only where states are unwilling or unable to prosecute, and its reach depends on state consent and cooperation.

Name three regional human rights courts

The European Court of Human Rights, the Inter-American Court of Human Rights and the African Court on Human and Peoples' Rights.

How do NGOs protect and monitor rights?

Groups such as Amnesty International and Human Rights Watch document abuses, publish reports, campaign and lobby. They gain legitimacy through expertise and independence but cannot enforce rights themselves.

Why does sovereignty create tension with universal rights?

A state claims authority to decide rights within its own borders, while universal rights claims say outsiders may judge or act. R2P tries to resolve this by making non-intervention conditional on a state protecting its people.