Relative Universality of Human Rights Presentation Each of you are required to present once during section. read chapter 3!!! Presentations should cover th
Relative Universality of Human Rights Presentation Each of you are required to present once during section. read chapter 3!!! Presentations should cover the main idea of the reading, how the author(s) came to the conclusions they did, and your thoughts and opinions. You should be prepared to present for about five minutes. Copyright
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Westview Press
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Fifth Edition: July 2017
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ISBNs: 978-0-8133-4948-0 (paperback), 978-0-8133-4949-7 (ebook)
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Contents
Cover
Title Page
Copyright
List of Case Studies
List of Problems
List of Tables
Acronyms
Acknowledgments
Preface: A Note to the Reader
PART ONE: HISTORY AND THEORY
1. Human Rights in Global Politics: Historical Perspective
1. The Emergence of International Human Rights Norms
2. The Universal Declaration
3. The Covenants
4. The 1970s: From Standard Setting to Monitoring
5. The 1980s: Further Growth and Institutionalization
6. The 1990s: Consolidating Progress and Acting Against Genocide
7. Human Rights in the Twenty-First Century
8. The Global Human Rights Regime
Discussion Questions
Suggested Readings
2. Theories of Human Rights
1. Rights in General
2. Human Rights in Particular
3. The Source or Justification of Human Rights
4. Equal Concern and Respect
5. The Unity of Human Rights
6. Duties and Duty-Bearers of Human Rights
7. Human Rights and Related Practices
8. Sovereignty and International Society
9. Three Models of International Human Rights
10. The Realist Challenge to Human Rights
Problem 1: Democracy and Human Rights
Discussion Questions
Suggested Readings
3. The Relative Universality of Human Rights
1. Universality and Relativity
2. International Legal Universality
3. Overlapping Consensus Universality
4. Functional Universality
5. Anthropological or Historical Relativity
6. Cultural Relativism
7. Universal Rights, Not Identical Practices
8. Universalism Without Imperialism
9. The Relative Universality of Human Rights
Problem 2: Hate Speech
Problem 3: Discrimination Based on Sexual Orientation
Discussion Questions
Suggested Readings
4. The Unity of Human Rights
1. Interdependent and Interrelated Rights
2. The Indivisibility of Human Rights
3. Politics, History, Theory, and Consensus
4. Three Generations of Human Rights?
Problem 4: Human Rights: Hierarchical or Indivisible?
Discussion Questions
Suggested Readings
PART TWO: MULTILATERAL, BILATERAL, AND
TRANSNATIONAL ACTION
5. Global Multilateral Mechanisms
1. The Human Rights Council
2. The Office of the U.N. High Commissioner for Human Rights
3. Treaty-Reporting Systems
4. Additional Global Actors
5. Mainstreaming Human Rights Throughout the U.N. System
6. Case Study: The Special Procedures
Discussion Questions
Suggested Readings
6. Regional Human Rights Regimes
1. The European Regional Regime
2. The Inter-American System
3. The African Regional Regime
4. Asia
5. The Arab World
6. Assessing Regional Human Rights Regimes
7. Case Study: Chile and the Inter-American Commission
Discussion Questions
Suggested Readings
7. Human Rights and Foreign Policy
1. Human Rights and the National Interest
2. Means and Mechanisms of Bilateral Action
3. The Aims and Effects of Human Rights Policies
4. Drawbacks, Problems, and Criticisms
5. Political Rhetoric Versus Political Will
Discussion Questions
Suggested Readings
8. Human Rights in American Foreign Policy
1. Historical Overview
2. Human Rights and American Exceptionalism
3. Case Study: U.S. Policy in Central America
4. Case Study: U.S. Policy Toward South Africa
5. Case Study: American Policy Toward Myanmar (Burma)
6. Case Study: Israeli Settlements in West Bank Palestine
7. Other Western Approaches to International Human Rights
8. Explaining Differences in Human Rights Policies
Problem 5: U.S. Ratification of Human Rights Treaties
Discussion Questions
Suggested Readings
9. Transnational Human Rights Advocacy
1. Case Study: Amnesty International
2. Case Study: Human Rights Watch
3. Nonpartisan Action
4. Other Advocacy Actions: Celebrity and Consumer Campaigns
5. NGO Legitimacy
Problem 6: Human Rights Obligations of Multinational Corporations
Discussion Questions
Suggested Readings
PART THREE: CONTEMPORARY ISSUES
10. Humanitarian Intervention
1. Genocide and Crimes Against Humanity
2. Case Study: Bosnia
3. Case Study: Rwanda
4. Case Study: Kosovo
5. The Authority to Intervene
6. Case Study: East Timor
7. The Right to Humanitarian Intervention and the Responsibility to
Protect
8. Case Study: Libya
9. Case Study: Sudan
10. Justifying Humanitarian Intervention
Problem 7: The War in Syria
Discussion Questions
Suggested Readings
11. Globalization, the State, and Human Rights
1. Globalization
2. States and Human Rights
3. Markets and Liberal Democratic Welfare States
4. Market Democracy and American Foreign Policy
5. An Alliance of States and Human Rights Advocates?
Problem 8: The Global North and South and Market Redistributions
Discussion Questions
Suggested Readings
12. (Anti)Terrorism and Human Rights
1. International Human Rights Law and the Dilemmas of
Counterterrorism
2. The War on Terror and the Retreat of Human Rights
3. Human Rights, Security, and Foreign Policy
4. The Axis of Evil
5. The War Against Iraq
6. Recent Developments: Progress or Retreat?
Problem 9: The Absolute Prohibition of Torture
Problem 10: (Anti)Terrorism and Civil Liberties
Discussion Questions
Suggested Readings
Appendix: Universal Declaration of Human Rights
Glossary
Notes
Index
Dilemmas in World Politics
Series Editor: Jennifer Sterling-Folker, University of Connecticut
Why is it difficult to achieve the universal protection of human rights? How
can democratization be achieved so that it is equitable and lasting? Why does
agreement on global environmental protection seem so elusive? How does the
concept of gender play a role in the shocking inequalities of women
throughout the globe? Why do horrific events such as genocide or ethnic
conflicts recur or persist? These are the sorts of questions that confront policy
makers and students of contemporary international politics alike. They are
dilemmas because they are enduring problems in world affairs that are
difficult to resolve.
These are the types of dilemmas at the heart of the Dilemmas in World
Politics series. Each book in the Dilemmas in World Politics series addresses a
challenge or problem in world politics that is topical, recurrent, and not easily
solved. Each is structured to cover the historical and theoretical aspects of the
dilemma, as well as the policy alternatives for and future direction of the
problem. The books are designed as supplements to introductory and
intermediate courses in international relations. The books in the Dilemmas in
World Politics series encourage students to engage in informed discussion of
current policy issues.
Books in This Series
International Human Rights, Fifth Edition
Jack Donnelly and Daniel J. Whelan
Global Environmental Politics, Seventh Edition
Pamela S. Chasek, David L. Downie, and Janet Welsh Brown
The United Nations in the 21st Century, Fifth Edition
Karen A. Mingst, Margaret P. Karns, and Alynna J. Lyon
Global Gender Issues in the New Millennium, Fourth Edition
Anne Sisson Runyan and V. Spike Peterson
United States Foreign Policy in the 21st Century: Gullivers Travails
J. Martin Rochester
Democracy and Democratization in a Changing World, Third Edition
Georg Sørensen
Southern Africa in World Politics
Janice Love
Ethnic Conflict in World Politics, Second Edition
Barbara Harff and Ted Robert Gurr
Dilemmas of International Trade, Second Edition
Bruce E. Moon
Humanitarian Challenges and Intervention, Second Edition
Thomas G. Weiss and Cindy Collins
The European Union: Dilemmas of Regional Integration
James A. Caporaso
International Futures, Third Edition
Barry B. Hughes
Revolution and Transition in East-Central Europe, Second Edition
David S. Mason
One Land, Two Peoples, Second Edition
Deborah Gerner
Dilemmas of Development Assistance
Sarah J. Tisch and Michael B. Wallace
East Asian Dynamism, Second Edition
Steven Chan
List of Case Studies
§5.6
§6.7
§8.3
§8.4
§8.5
§8.6
§9.1
§9.2
§10.2
§10.3
§10.4
§10.6
§10.8
§10.9
The Special Procedures
Chile and the Inter-American Commission
U.S. Policy in Central America
U.S. Policy Toward South Africa
American Policy Toward Myanmar (Burma)
Israeli Settlements in West Bank Palestine
Amnesty International
Human Rights Watch
Bosnia
Rwanda
Kosovo
East Timor
Libya
Sudan
List of Problems
Problem 1:
Problem 2:
Problem 3:
Problem 4:
Problem 5:
Problem 6:
Democracy and Human Rights (Chapter 2)
Hate Speech (Chapter 3)
Discrimination Based on Sexual Orientation (Chapter 3)
Human Rights: Hierarchical or Indivisible? (Chapter 4)
U.S. Ratification of Human Rights Treaties (Chapter 8)
Human Rights Obligations of Multinational Corporations
(Chapter 9)
Problem 7: The War in Syria (Chapter 10)
Problem 8: The Global North and South and Market Redistributions
(Chapter 11)
Problem 9: The Absolute Prohibition of Torture (Chapter 12)
Problem (Anti)Terrorism and Civil Liberties (Chapter 12)
10:
List of Tables
1.1
1.2
4.1
5.1
Internationally Recognized Human Rights
Key Dates in the Evolution of Human Rights Institutions
Generations of Human Rights
Treaty Monitoring Bodies
Acronyms
ACHR
AHRD
AI
AICHR
ANC
AQAP
AQIM
ASEAN
AU
CAT
CED
CEDAW
CERD
CMW
CRC
CRPD
CSO
ECHR
ECOSOC
EU
FSLN
Arab Charter on Human Rights
ASEAN Human Rights Declaration
Amnesty International
ASEAN Intergovernmental Commission on Human Rights
African National Congress
Al-Qaeda in the Arabian Peninsula
Al-Qaeda in the Islamic Maghreb
Association of Southeast Asian Nations
African Union
Convention Against Torture
Convention on Protection Against Enforced Disappearance
Convention on the Elimination of All Forms of Discrimination
Against Women
Convention on the Elimination of All Forms of Racial
Discrimination
Convention on the Protection of Migrant Workers
Convention on the Rights of the Child
Convention on the Rights of Persons with Disabilities
Civil society organization
European Convention on Human Rights
Economic and Social Council (United Nations)
European Union
Sandinista National Liberation Front (Nicaragua)
HRC
Human Rights Committee (United Nations)
HRW
IACHR
IADC
IC
ICC
ICCPR
ICESCR
Human Rights Watch
Inter-American Commission on Human Rights
Inter-American Democratic Charter
Invisible Children, Inc.
International Criminal Court
International Covenant on Civil and Political Rights
International Covenant on Economic, Social, and Cultural
Rights
International Commission on Intervention and State
Sovereignty
Israeli Defense Forces
Intergovernmental organization
International Labor Organization
International Monetary Fund
International nongovernmental organization
Islamic State (also known as Daesh)
Yugoslav National Army
Lords Resistance Army (Uganda)
Multinational corporation
North Atlantic Treaty Organization
National Endowment for Democracy (United States)
Nongovernmental organization
National League for Democracy (Myanmar)
National Security Strategy (United States)
Organization of American States
Organization of African Unity
Office of the High Commissioner for Human Rights (United
Nations)
Organization for Security and Co-operation in Europe
ICISS
IDF
IGO
ILO
IMF
INGO
ISIL/ISIS
JNA
LRA
MNC
NATO
NED
NGO
NLD
NSS
OAS
OAU
OHCHR
OSCE
R2P
Responsibility to protect (doctrine)
SLORC
TMB
UNAMIR
UNDG
UNDP
UNESCO
UNPA
UNFPA
UNPROFOR
UPR
URG
State Law and Order Restoration Council (Myanmar)
(Human rights) treaty monitoring body (United Nations)
United Nations Assistance Mission in Rwanda
United Nations Development Group
United Nations Development Programme
United Nations Educational, Social, and Cultural Organization
United Nations Protected Area (Bosnia; Croatia)
United Nations Fund for Population Activities
United Nations Protection Force in the Former Yugoslavia
Universal Period Review (United Nations)
Universal Rights Group
Acknowledgments
I began working on the first edition of this book more than two decades ago.
Over that time, I have had the help of literally dozens of friends, colleagues,
students, research assistants, and editors. Any list would be both too long,
losing the individuals in a stream of names, and too short, for I am sure that I
would neglect mentioning at least a few people who contributed to the book.
Thus, let me simply say: Thanks to all of you. (You know who you are.)
Jack Donnelly
With the financial support of the Charles Prentiss Hough Odyssey
Professorship, which I held from 2012 to 2015, I convened a small research
team of Hendrix students to begin the process of updating this edition,
including Zach Chastain, Nigel Halliday, Chirag Lala, Kay Beth Tyson, Janie
Sanford, and Laela Zaidi, all of whom I would like to thank for their work. I
would also like to convey my very special thanks to two other students who
were in that groupSarah Logan and Andrew McWard, who continued to
work with me on the project over the summer and fall of 2016. They
provided excellent updates and draft materials for the new case studies and
problems that appear in this edition, especially for the chapters on multilateral
mechanisms, regional mechanisms, and transnational advocacy, and the two
foreign policy chapters. I am especially grateful for their outstanding support.
Daniel J. Whelan
Preface
A Note to the Reader
This is a book about the international politics of human rights since the end
of World War II; that is, the ways in which states and other international
actors have addressed human rights. The topic, although broad, is narrower
than some readers might expect.
Life, liberty, security, subsistence, and other things to which we have
human rights may be denied by an extensive array of individuals and
organizations. Human rights, however, are usually taken to have a special
reference to the ways in which states treat their own citizens. For example,
domestically, we distinguish muggings and private assaults, which are not
typically considered human rights violations, from police brutality and
torture, which are. Internationally, we distinguish terrorism, war, and crimes
against humanity from human rights abuses, even though all lead to denials
of life and security. Although the boundaries are not always clear, the
distinction is part of our ordinary language and focuses our attention on an
important set of political problems.
No single book can cover all aspects of the politics of human rights. Our
concern is with the international politics of human rights, a vital and now
well-established area of policy and inquiry. This does not imply that
international action is the principal determinant of whether human rights are
respected or violated. In fact, much of this book demonstrates the limits of
international action, insofar as we maintain that, ultimately, human rights are
respected and realized at the domestic, national level. In contrast to many
other discussions of international human rights, we pay ample attention to the
domestic politics of human rights throughout the book in a number of case
studies.
Another distinctive feature of this book, along with the other volumes in
the Dilemmas in World Politics series, is a relatively extensive emphasis on
theory (and history), which forms the heart of Part 1. Chapter 1 examines the
historical development of international human rights since World War II.
Chapter 2 addresses philosophical issues of the nature, substance, and source
of human rights; the place of human rights in the contemporary international
society of states; and the theoretical challenges posed to the very enterprise of
international human rights policy by arguments of radical cultural relativism
and political realism (realpolitik, or power politics). Chapter 3 explores the
important theoretical issue of the universality (and relativity) of human rights.
And Chapter 4, which is completely new to this edition, explores the unity
(indivisibility) of all human rights, with a particular emphasis on the two
grand categories of civil/political and economic/social rights.
Part 2 looks at multilateral, bilateral, and transnational action, both
separately and comparatively, with an emphasis on case studies since the end
of the Cold War (with a few Cold Warera case studies from earlier editions).
The chapters in this section consider global multilateral mechanisms, regional
mechanisms, foreign policy action in general, U.S. foreign policy in
particular, and transnational advocacy. All of these chapters have been
significantly revised from the fourth edition, introducing new case studies
and exploring the most recent human rights developments.
Part 3 turns to three contemporary issues: humanitarian intervention,
globalization and human rights, and the challenges of (anti)terrorism and
human rights. As with the chapters in Part 2, these chapters have been
thoroughly revised and brought up to date with the latest developments in
human rights policy and practice, including an examination of several new
case studies.
We have tried to write a book that assumes little or no background
knowledge. Most readers with an interest in the topic, regardless of age or
experience, should find this book accessible, and we have highlighted in bold
some key terms and concepts that are included in the glossary. However, we
have tried not to write a textbook, a term that has justly acquired pejorative
overtones. We have taken care not to write down, either in style or in
substance.
Textbook presentations of controversial issueswhen they are not
entirely avoidedtend to involve bland and noncommittal presentations of
the two sides to an argument. Although we have made an effort to retain
some balance in the discussion, we have not expunged our own views and
interpretations. To some readers, it may seem like we often lay out and
defend one interpretation and give little attention to alternative views. While
we have made great efforts to be accurate and fair, we have no false pretense
of objectivity.
With that in mind, we want to draw the readers attention to the discussion
questions for each chapter. There is almost a short chapters worth of material
in these questions, which often frame alternative interpretations and highlight
controversial claims in the main body of the text. They thus provide at least a
partial corrective to any imbalance in the main text.
We also draw your attention to the ten Problems spread throughout the
volume. Each is, in effect, a discussion question, followed by our own
answer, followed again by further questions or problems. They aim to
provoke additional thought and discussion and to illustrate ways in which
readers may take the material presented here and go beyond it.
Another central feature of this volume is the extensive use of case studies.
These include recent (postCold War) as well as older cases, in order to
provide historical context and depth to the discussion and to provide points of
comparison between earlier periods and more contemporary ones.
Each chapteras well as each case study and each problemcan be read
independently, in any order. Teachers and students can thus easily customize
this book. Our…
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