International Law

Human Rights

Human Rights Is there such a thing as certain natural,

historical, fundamental rights of humans? Roosevelt’s Four Freedoms (1941)

Speech and expression Religion Economic want From fear of aggression

Human Rights Typical Western Constitutional/

fundamental/human rights Protection against government interference Protection against government abuse of

power

Human Rights Or is it three generations of rights?

First: individual freedoms from state interference

Second: individual rights to State benefits Third: peace, fairness, equality for all

Human Rights Common thread?

Individuals deserves to be protected and international community should ensure each individual is

Even if it violates the number one rule of international law-sovereignty of the state????

Human Rights UN Charter, Article 55: the UN shall

promote universal respect for , and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

In Article 56, all members pledge joint and individual action to achieve Article 55

Human Rights Universal Declaration of Human Rights

(1948) Civil and Political Rights:

Prohibit slavery, inhuman treatment, arbitrary arrest and arbitrary interference with privacy

No discrimination Certain rights for individuals

Human Rights Universal Declaration of Human Rights

(1948) Economic, social and cultural rights

Social security, full employment and fair work conditions, adequate standard of living, education, and to participation in the cultural life of the community

Legally required, morally obligated, a common goal, a pipe dream?????

Human Rights Cops without guns, ticket books, and

power Economic and Social Council (ECOSOC) 1966 Covenants Human rights treaties

Human Rights A matter of international concern

Investigation, discussion, and condemnation of human rights violations in a state now on equal footing with state sovereignty??

Slavery, genocide, apartheid, racial discrimination, torture: international crimes, jus cogens?????

What’s a State to do?