Term
| What is judicial normatism? |
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Definition
| large amounts of power are given to judicial bodies to determine what is universally common and thus human rights for all people |
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Term
| What is the right wing critique of human rights? |
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Definition
Views human rights as a corrosive tool that has eroded social and national cohesion.
too many rights are having a devastating effect on communities - global flows of human beings, immorality of sex[porn], refugees, single parent families, etc. |
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Term
| What is discriminatory univeraslity? |
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Definition
| says that claims of universality and inclusion co-exist with exclusion and subordination because of the way that human rights is projected as an 'enlightenment project' |
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Term
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Definition
| patents and claims on objects which were previously communal and unowned. |
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Term
What does universalism assert?
what do they therefore argue about human rights? |
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Definition
That there are universal cultural truths and values.
We can therefore evaluate other cultures based on universal criteria
- argue that human rights should provide universal standards because rights inhere in every person by virtue of being human. Rights are not given by a sovereign, you have them because you are human - they 'flow from inherent dignity of every human person' |
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Term
| What does cultural relativism assert? |
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Definition
| that all cultures and views are equally valid - no views are 'better' than others. |
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Term
| What is the significance of the American Declaration of Independence? |
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Definition
| Lockean ideas about 'natural rights of man' (universality) transcribed into political proclamations. |
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Term
| What is the Universal Declaration of Human Rights in 1948 |
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Definition
Nor enacted as laws but declared to the world
-enduring features of human beings everywhere
- timeless and universal |
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Term
| What is the Vienna Declaration |
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Definition
1993
The Vienna Declaration and Programme of Action, also known as VDPA, is a human rights declaration adopted by consensus at the World Conference on Human Rights on 25 June 1993 in Vienna, Austria.
The VDPA reaffirmed the Universal Declaration of Human Rights and the United Nations Charter. Its Preamble states "The World Conference on Human Rights, Considering that the promotion and protection of human rights is a matter of priority for the international community, and that the Conference affords a unique opportunity to carry out a comprehensive analysis of the international human rights system and of the machinery for the protection of human rights, in order to enhance and thus promote a ful |
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Term
| What is the radical cultural relativist argument? |
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Definition
- there can be no transcendent idea of rights
- views culture as the sole source of the validity of a moral right or rule
- international human rights reflect a particular cultural view point |
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Term
| What was the 1986 Declaration on Rights to Development? |
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Definition
an attempt to institutionalize social and economic rights.
this is a group right as opposed to an individual right |
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Term
| What was the 1995 Copenhagen Declaration on Social Development? |
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Definition
| A society committed to social justice must implement social and economic rights. |
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Term
| What is a rights based approach to development? |
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Definition
-suggests integrated view of sustenance (economic rights) and freedom (political rights)
- purpose of rights is to ensure 'freedom of action' aka the right to those actions necessary to support one's life. |
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Term
| Who is the author of Human Rights as a Metaphor? |
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Definition
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Term
| Describe the Savages-Victim-Savior complex |
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Definition
Savages - States. States become savage when they choke off and oust civil society. The redemption of the state is solely dependent on its submission to human rights norms.
Victim - a human being whose 'dignity and worth' have been violated by the savage is the victim
Saviour - is the victim's bulwark against tyranny. Provides the promise of freedom- from tyrannies of the state, tradition, and culture. The saviour is the human rights corpus itself - the UN, western governments, INGOs and charities. |
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Term
| How is the human rights structure both anti-catastrophic and reconstructive? |
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Definition
anti catastrophic because it is designed to prevent more calamities through the creation of more victims.
reconstructive because it seeks to reengineer the state and the society to reduce the number of victims, as it defines them, and prevent conditions that give rise to victims |
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Term
| Where was the birthplace of human rights? |
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Definition
| Nuremberg - German town where Nazi war criminals were tried. Took the genocidal extermination of the Jews in Europe, to start the process of the codification and universalization of human rights norms. |
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Term
| Mutua suggests that the state is not the actual savage, it is just a vessel for the real savage, which is __ |
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Definition
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Term
| what is one example of an organization pushing human rights and demonizing third world cultures? |
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Definition
| Women's Rights Project of Human Rights Watch |
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Term
| What is one group campaigning for women's rights against FGM but trying to deconstruct the SVS complex? |
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Definition
| Association of African women for Research and Development. |
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Term
| What are 3 basic duties that the state obligates itself to for every basic human right? |
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Definition
- to avoid depriving
- to protect from deprivation
- to aid the deprived |
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Term
| what intertwining characteristics construct the saviour metaphor |
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Definition
| Eurocentric universalism + Christianity's missionary zeal |
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