Module 3: Introduction to Human Rights

• • What are the key concepts of Natural Rights according to John Locke?
  • Natural law, discovered through reason, obliges us to preserve ourselves and others. Natural rights are inherent entitlements such as life, liberty, and property, which must be protected by society and government.
• • What is the Social Contract according to John Locke?
  • The social contract is a mutual agreement where people consent to governmental authority for the protection of their natural rights. It includes the right to alter or overthrow a government that fails to protect these rights.
• • What is the significance of John Locke in the context of Human rights?
  • Locke's principles form the foundation of modern human rights law. They underpin democratic values and serve to limit governmental power.
• • What are the key ideas of Immanuel Kant regarding human rights?
  • Kant emphasises moral autonomy and dignity, asserting that humans, as rational beings, have inherent worth. His Kingdom of Ends concepts inspires participatory rights in democratic societies.
• • What is the Categorical Imperative according to Immanuel Kant?
  • The Categorical Imperative dictates that one should act only on maxims fair as universal laws. It informs principles of justice and equality in human rights.
• • How does John Stuart Mill contribute to human rights theory?
  • Mill's moral theory, centred around the 'Greatest Happiness Principle,' proposes that actions are right if they promote happiness. He advocates for individual freedom as a fundamental right.
• • What is the Harm Principle according to John Stuart Mill?
  • The Harm Principle asserts that freedom can only be rightly infringed to prevent harm to others. It forms a key justification for legal intervention and ethical norms in human rights law.
• Why is John Stuart Mill's advocacy for freedom of expression significant?

  • Mill insists on the necessity of free expression for the discovery of truth and the well-being of society. His ideas conceptually prefigure principles in international human rights instruments.
• What is the Post-UDHR View of Human Rights, and who are its key proponents?

  • The Post-UDHR View includes the Theory of Justice by John Rawls, centred around equal basic liberties and fair equality. Isaiah Berlin's Two Concepts of Liberty distinguishes negative and positive liberty, influencing modern human rights discourse.
• What historical event marked the imperative for human rights protection after World War II?

  • World War II marked a period of unprecedented human rights violations, leading to a collective resolve among nations to prevent such horrors.
• What is the significance of the Universal Declaration of Human Rights (UDHR)?

  • The UDHR, while not legally binding, has been the cornerstone of international human rights law, guiding nations in promoting and safeguarding human rights.
• • What is the purpose of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR)?
  • Envisioned as a single covenant, they were later split into two. The ICCPR and ICESCR aim to transform human rights aspirations into enforceable obligations.
• How did the European Convention on Human Rights (ECHR) contribute to human rights protection?

  • The ECHR codified a legally binding commitment to human rights protection in Europe, drawing from the universal principles of the UDHR.
• What are Civil and Political Rights, and what key categories do they encompass?

  • Civil and political rights safeguard individual freedoms, ensuring fair treatment by law. Key categories include protection of physical integrity, procedural fairness, equality provisions, freedoms of belief and expression, and political participation rights.
• What are Economic, Social and Cultural Rights, and how are they realised?

  • These rights aim for adequate living standards and should be progressively realised by states, considering their resources. The principle of progressive realization acknowledges varying economic capabilities.
• What is a common critique regarding the dominance of human rights discourse?

  • Western ideals dominance is a common critique in human rights discourse.
• How does the concept of individualism face criticism in the context of human rights?

  • Individualism as a mythical universal is criticized for ignoring community-oriented societies.
• What critique addresses the issue of silencing diverse voices in human rights conversation?

  • Silencing diverse voices is a common critique in human rights discourse.
• How is cultural sovereignty overlooked in the context of human rights

  • Cultural sovereignty is often overlooked, conflicting with local traditions and norms.
• What challenges are associated with the enforcement and monitoring of human rights?

  • Challenges include compliance issues, monitoring difficulties due to inconsistent reporting, geopolitical influences, efficacy of sanctions, and jurisdictional constraints.