Enquiry question 2: Why do human rights vary from place to place?
8A.4 Human rights have become important aspects of both international law and international agreements.
8A.4a. The Universal Declaration of Human Rights (UDHR) is a statement of intent and a framework for foreign policy statements to explain economic or military intervention but not all states have signed the Declaration.
A Human Right - A right which is believed to belong to every person
Important acts
The Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is a document that sets out human rights. Created by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was announced by the United Nations General Assembly in Paris, December 1948 as a common standard of achievements for all peoples and all nations. It set out, for the first time, fundamental human rights to be protected. Not everybody signs up to UDHR though!
At the meeting of countries to sign up to the UDHR not everybody chose to sign up – 8 countries abstained from voting (Czechoslovakia, Poland, Byelorussia (today known as Belarus), Saudi Arabia, Ukraine, South Africa, USSR, Yugoslavia (now dissolved into the Balkans)
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8A.4b. The European Convention on Human Rights (ECHR) was drafted by the nations of the Council of Europe to help prevent conflict and integrated into the UK by the Human Rights Act of 1998; the ECHR remains controversial as some see it as an erosion of national sovereignty.
The European Convention on Human Rights
and not everyone is a fan of the ECHR either!
Some people argue that by signing up to the ECHR it limits what the UK is able to do, meaning that it has lost some of the strength of its own legal system.
Examples:
- The European Convention on Human Rights (ECHR) is a treaty signed in 1950 by the then members of the Council of Europe, as this was before the time of the European Union. Following the guidance set out in the Convention is now effectively a condition of membership of the EU.
- The UK was a founding member of the Convention and played a key role in its design, as well as being amongst the first states to ratify the treaty. It has allowed individuals to make complaints to the European Commission on Human Rights since 1966 if they feel that their human rights have been breached.
and not everyone is a fan of the ECHR either!
Some people argue that by signing up to the ECHR it limits what the UK is able to do, meaning that it has lost some of the strength of its own legal system.
Examples:
- http://www.express.co.uk/comment/expresscomment/293281/Human-rights-law-is-undermining-UK-s-democracy
- http://www.telegraph.co.uk/news/uknews/law-and-order/8892537/We-have-got-it-wrong-over-criminals-human-rights-admit-judges.html
UK Human Rights Act
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The aim of this was to make sure that the UK legal system and policy on Human Rights matched up with the ECHR, meaning there would be no issues of decisions being overturned if anyone was to appeal to the European Commission on Human Rights. |
8A.4c. The Geneva Convention forms a basis in international law for prosecuting individuals and organisations who commit war crimes and is endorsed by 196 countries; however few cases come to trial
Geneva Convention Linked to the different acts is something known as the Geneva Convention, which focuses on the treatment of people during wars. The Geneva Conventions is made up of four treaties, and three additional protocols, that establish international law for humanitarian treatment in war. When talked about the Geneva Convention usually refers the agreements of 1949, which was negotiated in the aftermath of the Second World War and the acts of the Holocaust. |
War crimes broadly fall into three categories:
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War crimes are defined by the Geneva Convention as: ‘Wilful killing, torture or inhuman treatment, including... wilfully causing great suffering or serious injury to body or health, unlawful deportation… or wilfully depriving a protected person of the rights of fair and regular trial, ...taking of hostages and extensive destruction of property, not justified by military necessity and carried out unlawfully.’
8A.5 There are significant differences between countries in both their definitions and protection of human rights.
8A.5a. Some states (ü) frequently invoke human rights in international forums and debates whilst others prioritise economic development over human rights and defend this approach (ü).
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In order to develop economically and allow themselves to have greater global influence some countries cut corners when it comes to Human rights.
Sweatshops is one example of where peoples human rights are being breached in order to support the economic development of the country, which governments turn a blind eye too or even encourage. On the left is a trailer for a documentary called Machines. It is an excellent portrayal of life in a sewatshop. In the following images identify the issues of sweatshops and how they are impinging on the Human Rights of the workers |
Case Studies
VIETNAM - http://www.bbc.co.uk/news/world-asia-23631923
NIKE - http://www.dailymail.co.uk/news/article-2014325/Nike-workers-kicked-slapped-verbally-abused-factories-making-Converse-line-Indonesia.html
VIETNAM - http://www.bbc.co.uk/news/world-asia-23631923
NIKE - http://www.dailymail.co.uk/news/article-2014325/Nike-workers-kicked-slapped-verbally-abused-factories-making-Converse-line-Indonesia.html
8A.5b. Some superpowers and emerging powers have transitioned to more democratic governments but the degree of democratic freedom varies (ü comparison of an authoritarian and a democratic system); the protection of human rights and degree of freedom of speech varies.
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Some countries are very keen to discuss Human Rights on an international forum, which helps keep it at the forefront of peoples mind.
Other countries on the other hand are very reluctant to discuss them, often this can be due to previous concerns that have been raised about the state of Human Rights in the country. One example of frequent discussion is the USA, the article highlights recent concerns raised by the US about treatment of Israel and Venezuela and the biased view they believe have been had on Human Rights. http://www.bbc.co.uk/news/world-us-canada-40173472 |
8A.5c. Levels of political corruption vary and can be measured (Index of Corruption); high levels of corruption are a threat to human rights as the rule of law can be subverted. (4)
First launched in 1995, the Corruption Perception Index has been widely credited with putting this issue of corruption on the international policy agenda.
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8A.6 There are Significant variations in human rights within countries, which are reflected in different levels of social development.
8A.6a. In some states (post-colonial states) there are significant groups, defined by gender and/or ethnicity that have had fewer rights than the dominant group.
Why is November 9th significant in terms of gender inequality? Fawcett Society calculation sets symbolic date as 9 November with men in full-time work earning over 14% more than women
Gender and ethnicity are two of the biggest barriers that people face, which can be prominent in both developed and developing countries
Gender and ethnicity are two of the biggest barriers that people face, which can be prominent in both developed and developing countries
The Gender Inequality Index is one way of showing how countries vary, with some countries with strong legislation showing the smallest differences between men and women.
The inequality varies across the globe with some countries having a gender pay gap (the UK), some where women do not have the right to vote still (Brunei) and those where men and women are kept separate (Saudi Arabia). There are many things that Saudi women are still unable to do without permission from the men in their lives, including:
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Ethnicity
Following the collapse of many former European Colonies it has led to ethnic discrimination in many of the countries they have left behind.
Much of Africa was carved up by European countries, with little consideration for how the local people would be affected.
Reasons for this ethnic discrimination came down to:
Following the collapse of many former European Colonies it has led to ethnic discrimination in many of the countries they have left behind.
Much of Africa was carved up by European countries, with little consideration for how the local people would be affected.
Reasons for this ethnic discrimination came down to:
- A lack of experience running a country when they were put in to power
- Violence as different groups (ethnic and political) fought for control
- The colonial boundaries often meant that several different ethnic groups were in the same country, often with them all wanting control.
8A.6b. Differences in rights are frequently reflected in differences in levels of health and education (ü indigenous populations in both North and South America).
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8A.6c. A demand for equality from both women and ethnic groups has been an important part of the history of many states in recent years (ü Afghanistan, Australia, Bolivia) with progress taking place at different rates.
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Why are more than 130 million girls out of school? - Threats to girls’ education — like poverty, war and gender discrimination — differ between countries and communities.
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