Samenvatting
Summary Toegestane spiekbrief DYBIHR
De spiekbriefje bestaat uit een samenvatting van de colleges, de films, de artikelen, de case study besproken in de tweede helft over China.
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Voorbeeld 2 van de 10 pagina's
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Week 1: protector of HR, HR conventions need ratification toLaw is about rules and their interpretation; study of legal become binding, after that bound by treaty
texts, but increasingly empirical and openness towards
other disciplines; different legal systems, practicioner vs Continuity: HR have been here forever
academic, difficulty in methodology Discontinuity: HR are recent invention by revolutions;
historians embrace this model
Crucial humanities disciplines for HR: history, philosophy, -Inequality was the standard
linguistics, culture- and meda studies-> everything has -paradox: modernity saw birth of modern equality and
inequality
history, what is its foundation, universal language,
influence of culture and depiction through media.
Universality?
Not in terms of their foundation, different contexts
Legal Realist: People don’t have rights because they are Yes, widespread consensus on list of rights of Universal
human, but because of law Declaration
Revolutionary: HR are the wrong project, we need a
breakdown of the status quo Foundation; dignity as the ultimate value, dignity indicates
Relativist: HR are universalist ideas imposed on distinct worth that demands respect, human dignity now
cultures and societies represents democratization of dignity
Postcolonialist: HR are political tools in the hands of the
Core, former colonizing countries Week 3:
Nationalist; HR are nothing compared to national rights CoE= Council of Europe
Refugee; Without citizen rights, human rights are useless EU= European Union
Most of us will point to national law to justify our actions, ECtHR= European Court of Human Rights
not to human rights; ECHR= European Convention of Human Rights
Posthumanist/environmentalist Anthropocentric
Communitarian; Too focused on individual rights CoE
Conservative; What about Human Duties? Focus on democracy and HR, 46 member states, main HR
docs; ECHR+ESC, main body; ECtHR, dedicated to
Human rights are concepts that open space for upholding HR, democracy and rule of law
imagination and practical application. They serve as
"weapons of the weak," empowering people to stand up to EU
governments. Human rights cover a wide range of Focus on socio-economic integration, main doc; EU charter,
marginalized groups and are embraced globally by diverse main body CJEU
societies, cultures, and religions, with few exceptions.
While they can sometimes be used imperialistically, human ECHR
rights also offer a means to resist imperialism. They align First CoE convention and cornerstone of activities, new CoE
with environmental and animal rights and entail members must ratify ECHR, protects life, freedom,
responsibilities; thus, human rights are also human duties. security, vote and stand for election, freedom of
expression, private/family life; prohibits death penalty,
Week 2: torture, slavery and forced labour, unlawful detention,
HR: concept of human beings as having universal rights discrimination, deportation
regardless of legal jurisdiction or other distuingishing
features such as nationality/gender; minimum standards, ECtHR
promise of freedom, justice and world peace Permanent court entrusted with monitoring compliance of
Minimum ssets of good, services, opportunities and MS with their obligations under ECHR, deals with
protections that are widely recognized today as essential complaints from MS/individuals against state concerning
prerequisites for a life of dignity, and to realize them, the protection of HR, 46 impartial MS judges, convention is
modeled for capitalist nation state individuals living instrument
Clear definition? Natural school= HR are given to all human beings
Yes; refernce existing HR instruments+practices Deliberative school= HR are agreed upon consensus,
No: interrelated with other law forms political organization
Not binding: not reinforceable in court, no international Protest school= HR are fought for by those who suffer
court of HR, but rooted in binding law Discourse school= HR are talked about
Four characteristics: Week 4:
1. Inherent rights, simply because we are humans Distinguishment between CoE and EU
2. Universal, not dependent upon where/who you - EU can legislate in matters of cross borders
are implications
3. Indivisible, must be enjoyed by everyone in full - Rights in context of free movement
range - CoE has the ECHR and ECtHR needs ratification
4. Inalienable, cant be taken away or transferred - Judgements of ECtHR have relevance to
development of family law
Categories:
- Civil/political rights (1st, cant be taken away) Harmonized family law?
- Cultural/social rights (2nd, aspirational) - NO, we do have laws about this but only covers
- Environmental )3rd, limited recognition) 27/51 Eu MS, each MS has their own laws,
sometimes they clash
Rights
- To have right x is to be entitled to x Article 8
- Rights are about interests and freedoms Meant to protect the individual and family from arbitrary
interference, not to provide review of internal domestic
Possession paradox= having rights but not able to enjoy regulation of family regulation of family relationships
them - Everyone has the right to respect for his private
Weapons of the weak= HR help people stand up against and family life, his home and correspondence
government - Case by case flexible approach; developing,
living instrument
Privileged people usually don’t think about their human - Relation with other convention rights and
rights, stateless do protections; article 2, 6, 12, 14
You can claim HR without having legal rights - Family based upon marriage=automatic
recognition; unmarried=only mother automatic
Role of the state; HR need to be implemented by the state, recognition; other=close tie must be proven
HR regimes are supervisory mechanisms to monitor - No right to same-sex marriage, bur falls under
relations between states and citizens, states have supreme family and private life
authority within territory, states are principal violator and
, Surrogacy - Industrialization leading to urban jobs ->
= an arrangement often supported by a legal agreement migration
whereby a woman agrees to become pregnant carry to - Urbanization and resulting remittances
term and birth for another person who will ultimately o Money sent back to village
become the parent - China’s official poverty lines were increased
Tradition= woman becomes pregnant random twice
Gestational=woman becomes pregnant with parents bio
child Most important poverty alleviation policies
Altruistic=helping - Shift from growth-driven to policy-driven poverty
Commercial=money alleviation
Large disparity of national legislation; ongoing debate; - Growing role of rural development policy in
difficulties at intergovernmental level, exploitation of poverty reduction
surrogate mom and best interest and status of children - 5 year plan 2015
o Lifting all rural people out of extreme
poverty
Child abduction-> 95 MS, not arab and African o Bringing down to zero the number of
countries+india; civil aspects of international child poor villages/counties
abduction aims to prevent child abduction, to provide o Bringing down to zero the number of
prompt return of international abducted kids, they better unsafe houses
stay in state of habitual residence, changing from o Rate still too low but great
abduction pays off to return with limited expectations improvements
Week 6:
History China
→ until 1911 emperors New definition of who is poor
= 1839-1945 foreign invasions, west+japan 1. Set a higher line such as the world banks
century of humiliation indicative
- Britain smuggled opium into China, creating 2. Set an income-based relative poverty line such
many addicts+poverty as the European unions practice
- first + second opium war 3. Set a multidimensional poverty line that
- western domination in China; eco+poli captures income and access to key public
- forced payments to west resulting in Chinese services, housing conditions, environmental and
bankruptcy other factors
- killing/raping by Western troops
- humiliation still ongoing, core element of 4 interrelated poverty challenges china faces
Nationalism 1. The need for substantial upgrade of social
-> 1949- Nu Peoples Republic of China (PRC) protection systems as a core component of
-> 1949-1976 MAO: Command economy poverty reduction
- Against western imperialism, CCP will and can 2. Reforms to allow equitable access to core public
save China services sch as social protection, healthcare,
- CCP Must stay in power to Maintain prosperity education by population groups currently
- Hr rejection; bourgeois, rights for the people not excluded
the enemy 3. Fiscal reforms to support more effective income
- dictatorship of the people - the people vs the redistribution and better finance essential social
enemies of the people services in poor regions
- brutal violence and suffering; Millions executed 4. Acknowledging the seriousness of the main
and biggest famine in history obstacles to gender equality/womans
→ 1976→ Mao dead, poorest country in the world empowerment in china today and the need for
-> 1978-2012 DENG! Socialist Market Economy : strong steps
- reform: less state, More Market
- opening up; importing + exporting ideas and Chinese citizens rate the government as more
goods, foreign investments capable and effective than ever before
- poor -> upper-middle income Democracy vs authoritarianism
- 800 Million → >10 million poor Economic growth trumps liberty
→ Xi period! Common prosperity
- fixed gap poor rich Possible conclusions
- Major issues: - HR language has not really penetrated Chinese
o corruption (campaign) law
o pollution (cleaning up) - China mainly sees HR as a language from the
o Inequality (common prosperity) outside
→ the China Dream - Use of different concepts such as development
- Vast majority of Chinese are happy with the
Human Rights Watch Chinese government
Annual world report provides authoritative summary of the - Should we still measure china in terms of HR?
human rights situation in over 100 countries; investigate,
expose, change; advocacy campaigns-> naming and FILMS!
shaming; strong opposition of china in 1990 after post-cold *Custody* (2017), directed by Xavier Legrand, is a French
war china focus, search for media securement and funding; drama-thriller that explores the intense dynamics of a
western anxieties about the rise of china; powerfull ally US fractured family dealing with the impact of domestic
government violence. The story follows Miriam and Antoine Besson as
they undergo a tense custody battle for their son Julien.
Week 7: Miriam accuses Antoine of being abusive, but the court
grants joint custody, exposing Julien to his father’s
HR seen as last utopia for human rights watch; every increasingly volatile and controlling behavior. The film
country will eventually focus on that powerfully conveys the fear and trauma experienced by
Do Chinese people want to live freely tho> Ash both the child and the mother, highlighting the
report says they don’t feel oppressed psychological impact of domestic abuse and the
challenges victims face in being heard by institutions.
Most important economic transformations The film’s relevance to human rights lies in its exploration
- Reversal of Maoist agricultural policies; letting of the right to safety and protection from violence,
farmers decide what to grow, keep more of what particularly within the family setting. It brings attention to
they produced and sell for the best price the systemic issues in family law and social services that
- Infrastructure investments: roads, railways, sometimes fail to protect vulnerable individuals, such as
airports etc children and victims of domestic violence. *Custody*
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