Summer School
Towards a right to health without borders Interdisciplinary approaches for social change (RHEACH) Izmir (Turkey), 8th - 18th July 2014
Introducing the Evolving Human Rights Framework Angelo Stefanini Centre for International Health (CSI) University of Bologna
Why are we here talking about Human Rights?
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The Story of Human Rights https://www.youtube.com/watch?v=oh3BbLk5UIQ
1. HR defined (and how they are supposed to be protected) 2. Why has all this failed so far? 3. Legalistic vs HR-based (actor-oriented) approach 4. Where after all do HRs begin? 5. Conclusion
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Generations of Human Rights
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Generations of Human Rights (contd)
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“The purposes of the United Nations are… to achieve international co-operation • in solving international problems of an economic, social, cultural, or humanitarian character, and • in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.” Charter of the United Nations, Chapter I, Article 1 (3) 6
"The Universal Declaration of Human Rights is the manifestation of the only evidence available for a system of values to be considered as humanly founded and therefore recognized: this evidence is the general consensus about its validity ... ‘Consensus omnium gentium'." Norberto Bobbio (1909-2004) 7
Cassin’s portico
Universal Declaration of Human Rights
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Universal n Internationally guaranteed n Legally protected n Protect individuals and groups n Cannot be taken away n Equal and indivisible n Obliges States and State actors (Dutybearer) n
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Universal Declaration of Human Rights
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Universal Declaration of Human Rights (UDHR) December 10, 1948
Int'l Covenant on Civil and Political Rights
Int'l Covenant on Economic, Social and Cultural Rights
(ICCPR) Adopted by UN General Assembly in 1966 Entered into Force in1976
(ICESC) Adopted by the UN General Assembly in 1966 Entered into Force in1976
2 Optional Protocols to the ICCPR (Member nations permit individuals or groups to report personal human rights violations to the UN Human Rights Committee)
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n
Bodies created under the UN Charter n
n
n
E.g. the Commission on Human Rights (UNCHR) replaced in 2006 by UN Human Rights Council (UNHRC)
Bodies created under the international human rights treaties United Nations General Assembly (UNGA), Third Committee of the General Assembly, Economic and Social Council (ESC), International Court of Justice (ICJ) 12
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n Respect: refrain from interfering with, or
curtailing the enjoyment of human rights n
E.g. Detention centres, Prisons, etc.
n Protect: positive action against human rights
abuses from others n
E.g. WTO, TNC, etc.
n Fulfill: positive action to facilitate the
enjoyment of human rights n
E.g. legislation in favour of minority groups, etc. 14
"Man is born free, and everywhere he is in chains‌� Jean-Jacques Rousseau 1) Legalistic Approach vs 2) Human Rights-based / Actor-oriented Approach 15
1) The Legalistic Approach Focuses on “what-the-law-says” n Downplays the political process, ignoring: n
v Historical
struggles and suffering hidden behind each clause of HR Covenants n Structural constraints preventing realization of ESC
Fails to strengthen States’ accountability and capacity to deliver resources and justice n Does little to develop people’s sense of themselves as citizens n
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2) The Human Rights-based Approach (HRBA)
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Key debates in International Human Rights
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Contesting the ESC Rights Status “Social rights” are: “fiscally constricted and require distributional decisions [and therefore] they are best described not as equal and universal rights but as ‘conditional opportunities’ [more realizable in the developed welfare capitalist states].” (Foweraker and Landman 1997: 15)
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Human Rights and Neo-Liberal Orthodoxy
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Conclusion
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“Rights are never given, they have to be fought for!” Peoples’ Health Movement 23