Understanding Human Rights in the International System Through a Liberal Perspective
Human rights as a topic of study may have a simple, incontestable sound to it, but this is far from the case. Yes, most people will recognize that human beings deserve certain rights, but past that point all opinions begin to split and scatter. As it stands, human rights are an ever changing and complex category of issues. In order to try and make sense of these complex topics, scholars employ a range of theories. Theories act like a lens, helping to organize the analytical process and point people in the appropriate direction. Without the foundation that theory lays out, the thought process, as well as arguments, can quickly become a mess of smaller thoughts, often with contradicting outcomes. In this paper, I will utilize Liberalism to try and understand the nature of human rights as a political issue within the international system.
Human rights and the discussion thereof are complex and dynamic. Human history is filled with the sluggish progression of human rights. The rapid process of ever increasing globalization has helped to speed up the fight for human rights over the last century. However, many obstacles still exist, the most notable being the debate over Universalism and Cultural Relativism. Put simply, Universalism asserts that all rights should be universal (everyone deserves the same rights regardless of sex, race, religion, geographic location, age, etc.). On the
Based on Western philosophical traditions, human rights are understood to be universal and objective (Universal Declaration of Human Rights, 1948), an understanding that poses unique challenges when imagining human rights in the 21st Century. Over the last fifty years, critique of human rights discourse has evolved into discrete areas, which include feminism and cultural relativism. Feminists and cultural relativists often take opposing positions, with cultural relativist views seen as dominant over feminist discourse (Byrnes 1992). Not surprisingly, this creates tension between the two and limited their ability to collaborate and create more inclusive human rights discourses.
“Ideas about human rights have evolved over many centuries. But they achieved strong international support following the Holocaust and World War II. To protect future generations from a repeat of these horrors, the United Nations adopted the Universal Declaration of Human Rights (UDHR) in 1948 and invited states to sign and ratify it”
Human rights are rights innate to every single individual, whatever our nationality, where you live, sex, national or ethnic birthplace, color of skin, religion, dialect/language, and many more. We are all similarly qualified for our human rights without segregation. These rights are altogether interrelated, associated and resolute. Widespread human rights are regularly communicated and ensured by law, in the types of treaties, standard global law, general standards and different wellsprings of international. International human rights law sets down commitments of Governments to act in certain routes or to cease from specific acts, keeping in mind the end goal to advance and secure human rights and central flexibilities of people or
Human rights seem to be one of the most undervalued rights that people are given. Although not tangible, or even visible, in the end they are one of the most significant aspects of life (Universal 1). They keep us civil. As the
Treaties are the highest source of international law besides jus cogens norms that have binding effect on the parties that ratify them.2 International human rights treaties rely on the “name and shame” mechanisms to pressure states to improve practices.3 However with “toothless” international human rights norms, moral coercion is not always effective. An empirical study conducted by Professor Oona Hathaway assessing the effect of human rights treaty ratification on human rights compliance, maintains in its findings that ratification of human rights treaties has little effect on state practices.4 States do not feel pressured to comply and change their practices, rather, signing treaties is “more likely to offset
Human rights are universal, inherent, inalienable and equal. These are entitlements held simply by virtue of being born as a human being, they are natural in the sense that their source is natural law and human nature (Donnelly 1982). It has developed throughout history due to oppressed people across the world pushing for change. In global politics the role of individual states or governments are crucial in upholding human rights through laws and legislations. However, due to economic and political factors, such as a lack of money or tension between governing bodies, some states do not have the power or resources to uphold human rights. This is where the media, the people, NGOs, and individuals, such as celebrities who have a powerful standing & audience, help in upholding and protecting the rights of people.
The General Assembly of the United Nations adopted the Universal Declaration of Human Rights in 1948. The Declaration sets out “a common standard of achievement” for all people and all nations. Even so the nation have pledged to recognize this declaration, still many people throughout the
The concept of human rights has become ambiguous, with very little agreement regarding its meaning and application internationally. The concept of human rights could be deemed as what Gallie termed as “an essentially contested concept.” This argues that when it comes to certain concepts there is just simply no one clearly definable general use that is widely agreed on. There are a variety of elements and words that can be used to describe the concepts of human
This essay critiques a probative discourse between Jack Donnelly and Michael Goodhart, published in the Human Rights Quarterly journal, regarding relativity and the universality of human rights. Jack Donnelly, an Andrew Mellon Professor at the Graduate School of International Studies at Denver University, writes an article contending for the relative universality of the universally perceived human rights, by investigating the premises for affirming them as both relative and universal, and those for which they cannot be. Donnelly cogently articulates his contentions after an interaction, spanning over two decades, with students who impelled him to
Relativism and Universalism is the debate regarding the human rights source and applicability. Human rights are the rights that the human claims as being human, in accordance to the societal and cultural norms. While the former believes the rights are defined by the culture; the latter opines they are universal to humans. The Universal Declaration of Human Rights, Relativist argues that, is based on the western history and thus does not adhere to diverse culture globally prevalent and rather is pretentious towards culture. Therefore they doubt the relevance of the post conflict ad-hoc tribunal for Rawanda and the International Criminal Court which are based of notion of Universalism.
The doctrine of human rights were created to protect every single human regardless of race, gender, sex, nationality, sexual orientation and other differences. It is based on human dignity and the belief that no one has the right to take this away from another human being. The doctrine states that every ‘man’ has inalienable rights of equality, but is this true? Are human rights universal? Whether human rights are universal has been debated for decades. There have been individuals and even countries that oppose the idea that human rights are for everybody. This argument shall be investigated in this essay, by: exploring definitions and history on human rights, debating on whether it is universal while providing examples and background
“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.” These opening words of the Universal Declaration of Human Rights express a concept of man which underpins the framework of human rights embodied in the Universal Declaration and the two international covenants of Human Rights. Western political traditions is a concept that it derives from, is in harmony with moral and social teachings to be found in many other traditions and patterns of belief.
In the cultural relativist critique, the critique is made of the claim that human rights are universal, that human rights are those held simply by virtue of being human and whose substance, form and interpretation are not subject to variations in culture. But, in the cultural relativist reject this claim, because cultural relativist claim that the source of human rights is culture, and since the
The international effort to determine and protection human rights has been called the most important socio-political event of our time (Reisoğlu). Gaining momentum as our world becomes increasingly globally informed, human rights is the idea that certain universal, inalienable rights are granted to an individual solely upon their human species citizenship and regardless of their age, gender, religion, ethnicity, race, sexual orientation, or accidents of birth. Although the majority of people and states around the globe rhetorically agree with the idea of universal human rights, the implementation and preservation of these rights in various respects has also been universally lacking. The blatant disregard for human rights affects the entire human community, calling on everyone to actively uphold and advocate for their protection. In international politics, there is an extensive list of the human rights every individual is entitled to, including the right to work, the right to peaceful assembly, and the right to rest and leisure. As important as each individual right is to a meaningful life, the most important universal human right is the fundamental right to life. Yet, violations of the right to life are appallingly prevalent. As such, the right to life is our greatest priority in contemporary world politics.
The right to be forgotten is a concept discussed and put into practice in the European Union since 2006. In May 2014, the European Court of Justice ruled that EU citizens have a “right to be forgotten,” that they could request that search engines remove links to pages deemed private, even if the pages themselves remain on the Internet. Originally this law was planned in 1995 but called differently and didn’t have that much effect until today. The issue has arisen from desires of people to “determine the development of their life in an autonomous way, without being perpetually or periodically stigmatized as a consequence of a specific action performed in the past. However, there has been controversy about the practicality of establishing a