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International Human Rights
Do Western Human Rights Speak For All?
Human RightsRecognition of human rights first began in the times of war and civil strife
Spread of colonialism raised issues about the status of minorities
In Western societies, the status of women led to debates regarding their political rights
Industrialisation in the 19th century led to regulation of factory working conditions (with thanks to Unions)
Therefore the struggle for Human Rights recognition has taken a long road
Human RightsTension exists between the concept of inalienable individual rights and state sovereignty
States had traditionally opposed the idea that international norms be accepted over and above state policy
Currently, the notion that human rights are in fact ‘natural’ has gained acceptance (in Western societies)
The World Wars and the trauma inflicted upon people before and after them led to the adoption by the UN and other institutions of norms that are central to international law
UDHRUniversal Declaration of Human Rights 1948
Its role is to act as a proponent of international law- not everyone agrees or abides
Individuals can complain to the United National Human Rights Committee if they feel their government is violating their natural rights
Some of Canada’s laws have been found to be incompatible with international rights obligations- Waldman vs. Canada (Catholic school funding)
Long story short, the idea of Human rights is almost exclusively a Western culture notion
Western vs. Eastern/African Rights
page 520
African Charter of Human and People’s Rights- emphasis on community and familial obligations
Universal Islamic Declaration of Human Rights
Very subtle but important differences
Regulation of International Behaviour
International Law is often aimed at states rather than individuals
How do we regulate and punish corporations who break international norms?
Child labour? Equal Treatment access? Bio-ethics? Ethics in Chemical trade? Nuclear Proliferation?
INTERPOL- world’s police force- focus on stopping individuals who commit transnational crime
190 members of INTERPOL
Criminal ProsecutionSpecial Criminal Tribunals- prosecute people accused of committing violations of human rights on a massive scale
Ad Hoc (example- International Criminal Tribunal for Rwanda and Yugoslavia)
2002 UN members states ratified a permanent International Criminal Court
International Criminal Court- awesome stuff, prosecute major players in war crimes
not awesome- USA, China and Russia have not and will not ratify this statute