Lecture notes
Introduction to Human Rights
- Module
- Human Rights Law (LW6006)
- Institution
- The University Of Gloucestershire
Lecture Notes for the Week one of Human Rights
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LW6006 Human Rights NotesIntroduction:
Human dignity:
- Human rights requires that all of humanity is afforded proper respect to their
dignity. Therefore, states and governments must ensure that each individuals
dignity is respected in their laws and practices. The need to act in the interest
of individuals dignity applies when states act for the general good; the need
applies all the more strongly where government policies are oppressive,
dictatorial or simply negligent.
- Dignity is hard to define but has two main ideas. 1) autonomy which describes
the freedom to live according to one’s own sense of values sand not to be
compelled to live under domination of others; not to be merely an object which
serves others but a ‘person’ with interests and desires of his own with the
ability to pursue them. Obligations where obedience is required to the will of
others (employment contracts) can only be entered into voluntarily. 2)
democracy with regards to the right to participate in the processes of
government and formation of the law and the choice of policies through which
our common social interest is pursued. Such participation is usually indirect
through the use of voting. Although, there needs to be a more direct
participation via the use of marches, protests and meetings.
Philosophical underpinnings:
- Philosophical justification is hard to make
- It will mean something different to each individual
Legal protection:
- This allows that human rights are not only desirable but obligatory as they are
part of the law and are to be enforced by the courts as well as legally binding
on the states and their governments with procedures and remedies to ensures
such rules are being adhered to.
- Sovereign states are to have the responsibility to ensure the maintenance of
human rights for their citizens
Respecting the difference:
- Recognising human dignity implies that said recognition applied to all of
humanity. It also involves recognising that there are differences between
individuals. For instance, individuals may hold different beliefs in relation to
religion, politics, morals, desires and interests etc. nonetheless, these
difference need to be respected so that these differences can flourish.
- Regardless of whether the individual is good or bad, they equally share
human rights.
Rights and freedoms – absolute and qualified rights:
- It is not unusual for restrictions to be placed on individuals in order to pursue
common good. For instance, general security of said individuals by prohibiting
anti-social behaviour.
- Qualified right is only afforded to individuals who have carried out duties to
others; recognising the rights of others, or individuals interests may need to
be balanced or weighed to meet social purposes.
- Absolute rights involve those which are guaranteed regardless of the
circumstance.
Universalism:
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