Rights and Obligations

Rights and Obligations


Pages 4 to 7 - Human Rights Pages 8 to 10 - Natural Law Pages 11-12 - Social Contract Page 13 - Reciprocity Pages 14 to 15 - Other theories of Human Rights Pages 16 to 20 - Currently Debated Rights Page 16 - Environmental Rights Pages 17 - Future Generations Page 18 - Gay and Lesbian Rights Page 19 - Trade Page 20 - Water

Page 21- Community of Inquiry Topic- Is there a right to be rescued Page 22 - Video Presentation focussing on the Rights of the Child Pages 23 to 24 - Bibliography 3 Rights and Obligations Human rights refers to the "basic rights and freedoms to which all humans are entitled. 4 Rights and Obligations The history of human

rights covers thousands of years and draws upon religious, cultural, philosophical and legal developments throughout recorded history. 5 Rights and Obligations Much of modern human rights law and the basis of most modern interpretations of human rights can be traced back to relatively recent

history. 6 Rights and Obligations These were followed by developments in philosophy of human rights by philosophers such as Thomas Paine, John Stuart Mill and G. W. F. Hegel during the 18th and 19th centuries. 7 Rights and Obligations One of the oldest Western philosophies on

human rights is that they are a product of a natural law, stemming from different philosophical or religious grounds. 8 Natural rights Natural law theories base human rights on a natural moral, religious or even biological order that is independent of transitory human laws or traditions.

9 Natural rights cont. In the Seventeenth century Thomas Hobbes founded a contractualist theory of legal positivism on what all men could agree upon: what they sought (happiness) was subject to contention, but a broad consensus could form around what they feared (violent death at the hands of another). 10 Natural rights cont. John

Locke incorporated natural law into many of his theories and philosophy, especially in Two Treatises of Government. 11 Social contract The Swiss-French philosopher Jean-Jacques Rousseau suggested the existence of a hypothetical social contract where a group of free individuals agree for the sake of the common good to form institutions to govern themselves. 12

Social contract cont. The relationship between government and the governed in countries which follow the English law tradition is a fiduciary one. 13 Reciprocity The Golden Rule, or the ethic of reciprocity states that one must do unto others as one would be treated themselves; the principle being that reciprocal recognition and

respect of rights ensures that one's own rights will be protected. 14 Other theories of human rights The philosopher John Finnis argues that human rights are justifiable on the grounds of their instrumental value in creating the necessary conditions for human wellbeing. 15 Other theories of human rights cont. Philosopher

Fredreich Nietzsche has argued to the effect that those who speak most vehemently about their rights, doubt at the bottom of their soul if they truly have any. 16 Currently-debated rights Advances of technology, medicine, and philosophy constantly challenge the status quo of human rights thinking. Environmental rights The onset of various environmental issues, especially climate change, has created potential conflicts between

different human rights. 17 Currently-debated rights Future generations In 1997 UNESCO adopted the Declaration on the Responsibilities of the Present Generation Towards the Future Generation. The Declaration opens with the words: Mindful of the will of the peoples, set out solemnly in the Charter of the United Nations, to 'save succeeding generations from the scourge of war' and to safeguard the values and principles enshrined in the Universal Declaration of Human Rights, and all other relevant instruments of international law. Declaration on the Responsibilities of the Present Generation Towards the Future Generation

18 Currently-debated rights Lesbian, Gay, Bisexual, Transgender (LGBT) rights Current LGBT rights issues, such as same-sex marriage, gay adoption rights, and protection from discrimination are considered by some to be human rights. 19 Currently-debated rights Trade Although both the Universal

Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights emphasize the importance of a right to work, neither of these documents explicitly mention trade as a mechanism for ensuring this fundamental right. 20 Currently-debated rights Water There is no current universal human right to water, binding or not, enshrined by the United Nations or any other multilateral body. In November 2002, the United Nations Committee on Economic, Social and

Cultural Rights issued a non-binding comment affirming that access to water was a human right: 21 Community of inquiry on Is there a right to be rescued. CLICK ON THIS LINK FOR THE STIMULUS FOR A DISCUSSION ON IS THERE A RIGHT TO BE RESCUED. (You might like to print this material

out and distribute it to the class.) 22 Bibliography Amnesty International (2004). Amnesty International Report . Amnesty International Publications. ISBN 0862103541 ISBN 1-887204-40-7 Alexander, Fran (ed) (1998). Encyclopedia of World History. Oxford University Press. ISBN 0198602235 Alston, Philip (2005). "Ships Passing in the Night: The Current State of the Human Rights and Development Debate seen through the Lens of the Millennium Development Goals". Human Rights Quarterly. Vol. 27 (No. 3) p.807

Arnhart, Larry (1998). Darwinian Natural Right: The Biological Ethics of Human Nature SUNY Press. ISBN 0791436934 Ball, Olivia; Gready, Paul (2007). The No-Nonsense Guide to Human Rights. New Internationalist. ISBN 1-904456-45-6 Barzilai, Gad. (2003). Communities and Law: Politics and Cultures of Legal Identities. Ann Arbor: University of Michigan Press. ISBN 0472113151 Chauhan, O.P. (2004). Human Rights: Promotion and Protection. Anmol Publications PVT. LTD. ISBN 812612119X. Esposito, John L. (2005). Islam: The Staight Path. Oxford University Press. ISBN 0195182669

Finnis, John (1980). Natural Law and Natural Rights Oxford: Clarendon Press. ISBN 0198761104 Forsythe, David P. (2000). Human Rights in International Relations. Cambridge: Cambridge University Press. International Progress Organization. ISBN 3-900704-08-2 Forsythe, David P. (2005). The Humanitarians: The International Committee of the Red Cross Cambidge University Press. ISBN 0521848288 Freedman, Lynn P.; Isaacs, Stephen L. (Jan-Feb 1993). "Human Rights and Reproductive Choice". Studies in Family Planning Vol.24 (No.1): p.18-30 Ignatieff, Michael (2001). Human Rights as Politics and Idolatry. Princeton & Oxford: Princeton University Press. ISBN

0691088934 Glendon, Mary Ann (2001). A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights. Random House of Canada Ltd. ISBN 0375506926 Haddad, Yvonne Yazbeck; Esposito, John L. (1998) Islam, Gender, and Social Change. Oxford University Press US. ISBN 0195113578 Hitchens, Christopher (2002). The Trial of Henry Kissinger. Verso. ISBN 1859843980 Hershock, Peter D; Ames, R.T.; Stepaniants, M. (eds). Technology and Cultural Values on the Edge of the Third Millennium. (Selected papers from the 8 th East-West Philosophers Conference). Honolulu: U of Hawaii Press, 2003. 209-221.

Mller, Hans-Georg (2003). How to Distinguish Friends from Enemies: Human Rights Rhetoric and Western Mass Media. 23 Bibliography Nathwani, Niraj (2003). Rethinking Refugee Law. Martinus Nijhoff Publishers. ISBN 9041120025 Paul, Ellen Frankel; Miller, Fred Dycus; Paul, Jeffrey (eds) (2001). Natural Law and Modern Moral Philosophy Cambridge University Press. ISBN 0521794609 Clayton, Philip; Schloss, Jeffrey (2004). Evolution and Ethics: Human Morality in Biological and Religious Perspective Wm. B.

Eerdmans Publishing. ISBN 0802826954 Robertson, Arthur Henry; Merrills, John Graham (1996). Human Rights in the World: An Introduction to the Study of the International Protection of Human Rights. Manchester University Press. ISBN 0719049237 Salevao, Lutisone (2005). Rule of Law, Legitimate Governance and Develoment in the Pacific. ANU E Press. ISBN 1920942556 Scott, C. (1989). "The Interdependence and Permeability of Human Rights Norms: Towards a Partial Fusion of the International Covenants on Human Rights". Osgood Law Journal Vol. 27 Sills, David L. (1968, 1972) International Encyclopedia of the Social Sciences. MacMillan.

Shellens, Max Salomon. 1959. "Aristotle on Natural Law." Natural Law Forum 4, no. 1. Pp. 72100. Schimmel, Annemarie (1992). Islam: An Introduction. SUNY Press. ISBN 0791413276 Sen, Amartya (1997). Human Rights and Asian Values. ISBN 0-87641-151-0 Shute, Stephen & Hurley, Susan (eds.). (1993). On Human Rights: The Oxford Amnesty Lectures. New York: BasicBooks. ISBN 046505224X Steiner, J. & Alston, Philip (1996). International Human Rights in Context: Law, Politics, Morals. Oxford: Clarendon Press. ISBN 019825427X

Stone, Irving (1943). Clarence Darrow for the Defense. Garden City, NY: Garden City Publishing Co. (Popular diography of innovative lawyer who largely invented the insanity defense). Sunga, Lyal S. (1992) Individual Responsibility in International Law for Serious Human Rights Violations, Martinus Nijhoff Publishers. ISBN 0792314530 Tahir-ul-Qadri, Muhammad (2005), Huquq al Insania fil Islam (Human Rights in Islam). Minhaj Publishers. 365-M-Model Tierney, Brian (1997). The Idea of Natural Rights: Studies on Natural Rights, Natural Law, and Church Law. Wm. B. Eerdmans Publishing. ISBN 0802848540

Tunick, Mark (2006). "Tolerant Imperialism: John Stuart Mill's Defense of British RuleThe Review of Politics 27-10-2006 68: 586-611 Cambridge University Press Vaughn, Karen I. (1978) "John Locke and the Labor Theory of Value" Journal of Libertarian Studies. Vol. 2 (No. 4) pp.311-326 Wikipedia-Human Rights- http://en.wikipedia.org/wiki/Human_rights 24

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