Politics of Human Right
This explains the importance of Human Rights in the political arena.
Published on: Mar 4, 2016
Transcripts - Politics of Human Right
POLITICS OF HUMAN
Second Completely Revised Edition 2002
MERIAM DEFENSOR SANTIAGO
Ryan Cloyd Q. Villanueva
BA-Political Science 4
The concept of human rights is a challenge to the
concept of state sovereignty, like environmental
degradation. Individual also have rights, which
they ought to be able to claim against their own
(promulgated by the U.N. Gen.
Assembly of the Universal
Declaration of Human Rights,
SUBSEQUENT DEVELOPMENTS IN THE
INTERNATIONAL HUMAN RIGHTS REGIME
As the Cold War ended in 1989 the adherence of the West to human
rights has been continually placed to the test, raising new issues. A new
issue on the question of legal remedies for human rights violations.
International war crimes tribunals was created to deal with offenses
committed during the wars of former Yugoslavia and the genocide in
Establishment of the International Criminal Court through a signing of
treaty. However, U.S. opposes because on the ground that U.S. armed
forces will be the subject of politically motivated prosecutions.
The treaty is expected to take effect in 2003 thus, the power of the court
Prosecutions are controlled by the U.N. Security Council.
The very concept of the international criminal court is already a
genuine departure from the past.
Occurred during the Pinochet case in Britain. Pinochet was put into
extradition trial by the British House of Lords.
The trial failed and allowed Pinochet to return to Chile on health
grounds However, issuing the important ruling that former heads of
state could not claim sovereign immunity in respect of acts such as
torture. This ruling by the House of Lords is another challenge to the
old concept of sovereignty.
DOCTRINE OF HUMANITARIAN
According to Brown, the Doctrine of Humanitarian Intervention, as the
embryonic doctrine, is the most significant legal change in the concept of
sovereignty posed by human rights doctrine.
As defined, it is “the intervention (perhaps forcibly) of one state, or group of
states, in the internal affairs of another, conducted mainly, or substantially, in
the interest of the inhabitants of the latter”.
The doctrine goes to the heart of the issue in the international protection of
human rights. It is a direct challenge to the U.N. Charter which explicitly
forbids intervention in the domestic jurisdiction of states.
ILLUSTRATIONS OF HUMANITARIAN
INTERVENTION IN THE 1990S
Gulf War of 1990-91
Establishment of a “Safe Area” for the Kurdish population of Iraq,
where Iraq forces were not allowed to penetrate.
Similarly during the conflict in Bosnia, NATO and the U.N. established
NATO actions in Kosovo. An external group of states intervened militarily to
prevent Yugoslavia from exercising its sovereign rights over territories that
were legally part of that country. When Yugoslavia refused to accept such
observers, a military protectorate was established by force.
East Timor 1999
The U.N. force had never accepted that Indonesia had a right to the territory,
and U.N. force led by Australia was sent there.
MASS MOVEMENTS ACROSS NATIONAL
One human rights issue that challenges the concept of state sovereignty is the mass movements
of people across national borders, exemplified by migrants, refugees, and asylum seekers.
The emergence of a global economy, and a global market for labor in a world characterized by
extreme international economic inequality, have all made mobility the buzzword of our time.
Push Factor Pull Factor
Migrant workers are not only attracted by higher wages in other countries, but also by societies
that are democratic than the government regimes they leave behind.
Political Refugee – According to Brown, “an important and unprecedented
issue in international politics”, the reasons responsible for the large-scale
movement of peoples.
“The combination of a mobile world population and an active state
has shaped the international and national politics of border
The two phenomena of mass movements across borders, and of environmental politics,
indicate that the current political institutions are inadequate to deal with such realities.
However, the two phenomena have one significant difference. Environmental degradation
affects everyone, and therefore everyone must adapt. By contrast, population movements
are limited to those countries which are forced to receive the migrants, whom they can
How to solve immigration?
1. Organizations (i.eg., European Union) must help the countries of origin
solve their problems, and thus reduced the pressures which created forced
2. Organizations must strengthen border controls, which would lead to the
development of a “Fortress” mentality.
Reasons for the advanced industrial world to unable isolate itself from immigrants:
1. There is a strong demand for cheap labor.
2. It may be too late, because most major cities in the advanced industrial
world already have substantial populations of former migrants, legal or
MORAL SIGNIFICANCE OF BORDERS
Redefine political community. This calls for a renegotiation of the
boundaries between “insiders” and “outsiders”, and perhaps even for a
global conception of democracy.
Emphasize international protection of human rights. Mass migrants
breaks the link between the people and their state, one effective remedy
should be the growth of an international human rights regime.
UNIVERSALISM OF HUMAN RIGHTS
Human Rights should include
Human Rights should include
Human Rights should include