Human Rights Theories Part A
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- Created by: Ayylmaooo
- Created on: 03-01-17 15:41
Ancient Greece
Artistotle - not called human rights but there was a form of thinking called humanism. You have natural rights and you don't have to do anything to do anything to gain them. Natural rights and natural justice existed. 3000-4000 BC.
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Roman Stoics
Cicers & Seneca: Established wide government, should protect the right to life and the right to property.
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Magna Carta 1215
Provided first legal point of view on human rights and natural rights. It was the first time that the sovereign was limited and couldn't be absolute. It protected people from the excess of the sovereign. State owes protection to citizens.
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'Glorious Revolution' Bill of Rights 1689
Protection from sovereign parliament, prohibition of cruel and unusual punishment of citizens.
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17th Century Enlightenment Thinkers
Denial of human rights: Hobbes Granting of human rights: Locke
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Why was the development of so late of enlightenment thinkers?
Rulers will take care of their subjects (paternalism was overriding). No intentional institutions with monitoring functions. There was also recognition at national level before international level due to sovereignty.
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Protection through granting of human rights
John Locke: Men are by nature all free, equal and independant. Citizens retain their natural rights vis a vis the ruler. Citizens have a right of resistance against a ruler who commits wrongs. The state doesnt protect the citizens but the citizens ri
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Protection through denial of human rights
Thomas Hobbes: Ruler must protect citizens from conflict. Due to belief of human nature. Sovereign has absolute power.
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State of nature - Thomas Hobbes
homo homini lupus - 'man is a wolf to other men'. State of nature is dangerous so sovereign guarantees peace and tolerance. eg Rwanada was a state of a nature.
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18th Century Codes - Movement from philosophical ideas to written codes.
US Declaration of Independance 1776. Each state also wrote own constitution. Virginia Dec most famous, listed human rights and seperation of powers.
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18th Century Codes
French Declaration of the Rights of Man and Citizen 1789 - Article 2 rights of the human person are natural and inalienable. Right to liberty, due process, free speech. Pratical effect of codes small. Woman gained nothing, slavery flourishing.
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19th Century Challenges - Utilitarianism
Jeremy Bentham - human rights were 'nonsene upon stilts'. Rights are meaningless without legal protection. Imaginary rights create expectations that can't be fulfilled so are dangerous and fuel revolutions - Burke.
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Karl Marx 19th Century Challenges
1844: On The Jewish Question: Human rights meant nothing for Jews and this was vindicated by WW2. Rights are egotistical and priveledges of the bourgeoisie. Just adds more priveledges for bourg. and nothing for workers. Right to property always prote
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20th Century: Practical Effects: Before WW2: Abolition of the Slave Trade
Illegal in England 1771. Congress of Vienna 1815: Declaration: first dedication to a commitment to abolish. Series of bilateral treaties – had mechanism of enforcement – ships were inspected. 1926: International Convention on the Abolition of Slavery
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International Humanitarian Law
Jean Henry Durant - Battle of Solferino: important to look at the plight of individuals during the war - soldiers, citizens, the dead. This spread all over Europe.
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Protection of Minorities
Before WW2: National sovereignty - no control over States' treatment of its own citizens. After WW2: New borders with mixed pops. Paris Peace Covnention 1919: 9 states had to enter into treaties re treatment of minorities, oblgiations monitored.
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After WW2
1941: Roosevelts Four Freedom Speech before Congress. 1941 Atantic Declaration. 1942: Declaration of the UN (47 States).
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Crimes Against Humanity
Four Power Agreement 1945.
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Other cards in this set
Card 2
Front
Cicers & Seneca: Established wide government, should protect the right to life and the right to property.
Back
Roman Stoics
Card 3
Front
Provided first legal point of view on human rights and natural rights. It was the first time that the sovereign was limited and couldn't be absolute. It protected people from the excess of the sovereign. State owes protection to citizens.
Back
Card 4
Front
Protection from sovereign parliament, prohibition of cruel and unusual punishment of citizens.
Back
Card 5
Front
Denial of human rights: Hobbes Granting of human rights: Locke
Back
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