Law
US Human Rights
US human rights refer to the fundamental rights and freedoms guaranteed to individuals by the US Constitution and international human rights treaties. These rights include civil and political rights, such as freedom of speech and the right to a fair trial, as well as economic, social, and cultural rights, such as the right to education and healthcare. The US government is responsible for upholding and protecting these rights for all individuals within its jurisdiction.
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10 Key excerpts on "US Human Rights"
eBook - PDFHuman Rights and Legal Judgments
The American Story
- Austin Sarat(Author)
- 2017(Publication Date)
- Cambridge University Press(Publisher)
8 Id. 9 See Michael Ignatieff, ed., American Exceptionalism and Human Rights (Princeton, NJ: Princeton University Press, 2005). 10 See Thompson v. Oklahoma, 487 US 815, 868 n. 4. Introduction: Human Rights in American Law and Politics 3 Today the language of human rights, if not human rights themselves, is nearly universal. 11 Governments everywhere claim to believe in and respect the dignity of their citizens, even if they do not endorse the brand of human rights to which President Clinton would have them adhere. 12 This is not to say that everyone agrees on the meaning of human rights or what they entail. This is surely not the case. 13 And it is surely not the case in the United States. Here our legal and constitutional traditions substitute for a robust human rights culture. All too often, we think about legal rights for ourselves and human rights for others. Generally we recognize human rights only insofar as they have been codified in binding legal agreements. 14 As Morton Horowitz puts it, “few legal writers have believed that it was appropriate for higher law directly to trump positive law, and the Constitution has been more or less consistently understood as a form of super-positive law enacted by the sovereign people.” 15 Throughout recent American history our embrace of human rights has been variable and contingent. Conflict within the United States about the relevance of human rights to domestic racial, economic, and other injustices was particularly exacerbated by the mid-twentieth-century politics of the Cold War. 16 Thus the Tru- man administration insisted on breaking the Covenant on Human Rights in two, separating political and civil rights from economic and social rights which were 11 “International human rights,” David Weissbrodt claims, “is the world’s first universal ideology.” See “Human Rights: An Historical Perspective,” in Human Rights, ed.
- Rhoda E. Howard-Hassmann, Claude E. Welch, Jr., Rhoda E. Howard-Hassmann, Claude E. Welch, Jr.(Authors)
- 2011(Publication Date)
- University of Pennsylvania Press(Publisher)
Conclusion The two major objections to socioeconomic human rights fail to per-suade: they are not inconsistent with the very concept of human rights, nor are they impossible to afford—especially in North America. Together with civil and political rights, socioeconomic rights form a uni-fied core of human rights, and strategies for realizing them at affordable cost have here been sketched. The strength of the justification of these rights inspires us for this ongoing task and convinces us of its abiding value. Chapter 2 International Law of Economic, Social, and Cultural Rights A U.S. Perspective David Weissbrodt The first part of this chapter traces the history of the U.S. approach to international law, particularly in regard to economic, social, and cultural rights and notes the important role that the United States has played in the development of relevant international human rights treaties and institutions. The second part shows that the United States has been, nonetheless, extraordinarily reluctant to submit itself to legal obliga-tions under those treaties, related standards, and institutions. The third part reflects how U.S. judges have occasionally used international human rights law, including economic, social, and cultural rights. The chapter concludes that the United States and Canada share a legal tradi-tion of protecting human rights, but the United States has more steps to take in bringing its human rights ideals into law and practice— particularly as to economic, social, and cultural rights. Historical Approach of the United States to the Development of International Human Rights Law In its early days, the United States needed international law as a means of protection from European powers. The prevailing approach to inter-national law for most of its history has been focused on the obligations of sovereign governments among themselves. The legal position of indi-viduals was largely a matter within the domestic jurisdiction of their states.
eBook - PDFRescuing Human Rights
A Radically Moderate Approach
- Hurst Hannum(Author)
- 2019(Publication Date)
- Cambridge University Press(Publisher)
Congress adopted several laws mandating that the executive branch restrict military and economic assistance to any 136 Rescuing Human Rights country in which there was “a consistent pattern of gross violations of human rights.” 615 Congress also required that the US Department of State prepare annual reports on human rights, initially on countries receiving US assistance and subse- quently on all countries. 616 President Jimmy Carter embraced human rights, and his Secretary of State Cyrus Vance articulated the meaning of human rights for the Carter administration in an early address, which remains perhaps the most robust expression of human rights policy by any US administration: . . . Our human rights policy must be understood in order to be effective. So today I want to set forth the substance of that policy and the results we hope to achieve. Our concern for human rights is built upon ancient values. It looks with hope to a world in which liberty is not just a great cause but the common condition. In the past it may have seemed sufficient to put our name in international documents that spoke loftily of human rights. That is not enough. We will go to work, alongside other people and governments, to protect and enhance the dignity of the individual. Let me define what we mean by “human rights.” 1. First, there is the right to be free from governmental violation of the integrity of the person. Such violations include torture; cruel, inhuman, or degrading treatment or punishment; and arbitrary arrest or imprisonment. And they include denial of fair public trial, and invasion of the home. 2. Second, there is the right to the fulfillment of such vital needs as food, shelter, health care, and education. We recognize that the fulfillment of this right will depend, in part, upon the stage of the nation’s economic develop- ment.
eBook - PDF- Leanne Weber, Elaine Fishwick, Marinella Marmo(Authors)
- 2017(Publication Date)
- Red Globe Press(Publisher)
Far from bypassing state sovereignty according to Arendt’s vision, this framework operates within a system of independent sovereign nations, creating an ongo-ing tension between individual and group rights and the rights of states. Chapter 2 provides a basic overview of the current system of international human rights law. Additional readings and materials Universal Declaration of Human Rights Available at: http://www1.umn.edu/humanrts/instree/b1udhr.htm. The Origins and Idea of Human Rights 17 Constitution of the United States of America Available at: http://www.archives.gov/exhibits/charters/constitution.html International Covenant on Economic, Social and Cultural Rights Available at: http://www1.umn.edu/humanrts/instree/b2esc.htm. International Covenant on Civil and Political Rights Available at: http://www1.umn.edu/humanrts/instree/b3ccpr.htm. Cushman, T. (2012) Handbook of Human Rights , Abingdon: Routledge. Dembour, M. (2006), Who Believes in Human Rights? Reflections on the European Convention , Cambridge, Cambridge University Press. Donnelly, J. (2002) Universal Rights in Theory and Practice , Ithaca, NY: Cornell University Press. Douzinas, C. (2000) The End of Human Rights: Critical Legal Thought at the Turn of the Century , Oxford: Hart Publishing. Kalin, W. (2013) ‘ Late modernity: human rights under pressure? ’ Punishment and Society 15(4): 397—411. Locke, J., The Second Treatise of Government (first published 1689). Available as a free download from Project Gutenberg at http://www.gutenberg.org/ebooks/ 7370. Neier, A. (2012) The International Human Rights Movement: A History , Princeton, NJ: Princeton University Press. Nickel, J.W. (1987) Making Sense of Human Rights: Philosophical Reflections on the Universal Declaration of Human Rights , Berkeley, CA: University of California Press. Osiatynski, W. (2009) Human Rights and Their Limits , Cambridge: Cambridge University Press. Court case cited Muir v The Queen [2004] HCA 21 (Australia).
eBook - PDF- Susana Sampaio-Dias(Author)
- 2016(Publication Date)
· 1 · A BRIEF HISTORY AND DEFINITION OF HUMAN RIGHTS This chapter first considers a possible definition of human rights based on its philosophical formulation and multidisciplinary contemporary approaches. Divided into four sections, the chapter first introduces the historical origins of the three generations of human rights, then moves on to a brief explanation of its legislative evolution and current jurisdictions in the second section. The third section goes beyond the legal framework of human rights and introduces the contemporary contributions of sociology and political science, narrowing down their reflective critique about the social role of the media. The final sec- tion specifically addresses media studies and how these introduced the prom- ise of a global public sphere in which ideas about human rights circulate today. Origins of human rights The words of Eleanor Roosevelt (1948) upon the adoption of the Univer- sal Declaration of Human Rights (UDHR) conveyed great optimism for a devastated society coming out of World War II (Haas, 2008). Her speech proclaimed a comprehensive and indivisible conception of human rights by announcing a path of hope that would help to overcome the horrors of the preceding years. But her words did not anticipate the troubled times that 2 reporting human rights would follow—years of tensions and political fragilities created by the Cold War. Above all, the United Nations (UN) wanted to create a document that would inspire an apparatus of international order and justice, preserving inter- state peace and preventing genocide, a document that would be backed by a complex of international organizations. This mechanism would monitor the behaviour of nations, provide a platform for diplomatic resolution of conflicts, and, if necessary, make use of military force to uphold its values (Nickel, 1987; Fagan, 2009; Ishay, 2010).
eBook - PDF- Roger Trigg(Author)
- 2008(Publication Date)
- Wiley-Blackwell(Publisher)
3 Human rights The Political Context Views about natural law have become closely connected with talk of ‘natural rights’, which was given great impetus by the English philosopher of the seventeenth century, John Locke. He in turn is often credited with having provided the philosophical basis for the American Declaration of Independ-ence. Such talk gets its cogency from the implication that ‘rights’ are deeply ingrained in the nature of things. Above all, of course, they are then linked to our own nature as human beings. Yet this is not just of historical interest, since appeals to rights form a large part of contemporary moral language. ‘Human rights’ are the currency of much contemporary moral discourse, and form a potent weapon in international relations. People get particularly indignant when they feel their rights have not been met. Moral campaigns are often couched in the language of human rights. At a time when natural law itself is often neglected, this may seem curious. Yet in politics the language of rights, both within nations and in relations between them, has its effect. It can empower victims, and give them an opportunity to appeal to standards beyond their own social context. What precisely is being appealed to? What are human rights, and how can they be enforced? What are they grounded in (if anything) and how can we tell the difference between a legitimate and a spurious right? ‘Rights’ are often appealed to in a vague way. Increasingly the laws of various countries are required to take notice of human rights, and there is a major question of interpretation. Often the rights are underspecified. The United States has always allowed judges to veto legislation on the ground that it trans-gresses basic constitutional rights. In the United Kingdom the doctrine was always that Parliament was sovereign, but in recent years judicial review of legislation has become increasingly common.
eBook - PDFInternational Law
Cases and Materials with Australian Perspectives
- Donald Rothwell, Stuart Kaye, Afshin Akhtarkhavari, Ruth Davis(Authors)
- 2014(Publication Date)
- Cambridge University Press(Publisher)
Human rights treaties impose international obligations on States parties to incorporate international human rights standards into their municipal legal systems and to provide municipal enforcement mechanisms. Such treaties also generally [33] establish international supervision and enforcement mechanisms . . . States which are not parties to human rights treaties are obviously not bound by those treaties, although they do have human rights obligations under general international law. Human rights obligations under general international law reflect, in many respects, the terms of the major international human rights instruments . . . (b) Economic, Social and Cultural Rights Economic, social and cultural rights are the other half of the traditional human rights dichotomy. As with civil and political rights, human dignity appears to be the central value that these rights formally seek to uphold. Economic and social rights address basic ‘needs’ for human existence. They include a strong emphasis on material needs, but also seek to ensure the enjoyment of less tangible benefits. If civil and political rights are associated with the Western revolutions of the 17th and 18th centuries, then economic and social rights can be seen as a response to Marxist/ Leninist theories of the 19th and 20th centuries. The inclusion by President [34] Roosevelt in his 1941 ‘State of the Union Address’ of ‘freedom from want’ as one of the four basic freedoms illustrates that it was not only those in the socialist bloc who have supported such rights. Economic and social rights were drawn into the ideological war fought between advocates of capitalism and communism after World War Two.
eBook - PDFExclusion from Public Space
A Comparative Constitutional Analysis
- Daniel Moeckli(Author)
- 2016(Publication Date)
- Cambridge University Press(Publisher)
45 As a consequence, implementing legislation would be needed for the obligations created by these human rights treaties to become rules of domestic law. 46 In contrast, rules of customary international law gen- erally form part of domestic law automatically, without the need for legislation. 47 5.1.3 United States Only a few individual rights, notably the writ of habeas corpus, 48 the prohibition of bills of attainder or ex post facto laws 49 and the right to trial by jury, 50 were incorporated in the original text of the Constitution of the United States adopted in 1787. The majority of the delegates at the Philadelphia Constitutional Convention thought that inclusion of a bill of rights was not necessary. After all, all the states had adopted their own bills of rights protecting individual rights. 51 Nevertheless, only two years later, the first ten Amendments to the Constitution were approved by the first US Congress, and by 1791 the required number of states had ratified them. 52 Inspired in particular by the English Bill of Rights of 1689 and the Virginia Bill of Rights of 1776, these Amendments guarantee a set of fundamental rights and liberties and accordingly came to be described as the US Bill of Rights. 43 Human Rights Act, s. 4. 44 Ibid., s. 6(3). 45 Shaw, International Law (2014), pp. 99–101. 46 Ibid., pp. 148–57. 47 Ibid., pp. 141–8. 48 US Constitution, Art. I (9)(2). 49 Ibid., Art. I (9)(3). 50 Ibid., Art. III (2)(3). 51 See Levy, ‘The Bill of Rights’ (1988), 296; Rutland, The Birth of the Bill of Rights (1955), pp. 106–25. 52 See Rutland, The Birth of the Bill of Rights (1955), pp. 190–218. 206 fundamental rights: liberty In an early decision the Supreme Court ruled that the first ten Amendments were only applicable to the federal government but not to the states.
eBook - PDFInternational Law
Cases and Materials with Australian Perspectives
- Donald R Rothwell, Stuart Kaye, Afshin Akhtar-Khavari, Ruth Davis, Imogen Saunders(Authors)
- 2018(Publication Date)
- Cambridge University Press(Publisher)
But these freedoms are much less real to him than his freedom to be exploited. Only as his poverty is reduced will his existing political freedom become properly meaningful and his right to human dignity become a fact of human dignity. 34 This might be best summed up as a call for the right to development, which has received its own share of attention in the international human rights discourse. 35 Do you agree that a hierarchy of rights exists among civil, political, social, cultural and economic rights or are they indivisible and interdependent? 9.3.2 Different kinds of human rights There are a significant number and variety of international instruments, opinions and practices that seek to define the details of the prevalent norms of the human rights discourse internation- ally and establish the basis for its functional operation. In addition to the UDHR, some of the other significant human rights instruments are the: • 1966 International Covenant on Civil and Political Rights (ICCPR) 36 • 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) 37 • four Geneva Conventions of 1949 that form the core of human rights obligations during armed conflict 38 • 1950 European Convention on Human Rights 39 • 1969 American Convention on Human Rights 40 • 1981 African Charter on Human and Peoples’ Rights. 41 The last three are included in this list because of the impact they have had in establishing regional customary law approaches to the human rights discourse. In addition to these general agreements, the international community has elaborated, interpreted or expanded on civil, political, cultural, economic, social and solidarity rights through specialised conventions. These ................................................................................................................................................................................................................................
eBook - PDFHumanity without Dignity
Moral Equality, Respect, and Human Rights
- Andrea Sangiovanni(Author)
- 2017(Publication Date)
- Harvard University Press(Publisher)
There has been very little philosophically written on the topic, so it is worth seeing whether the categories and theses we have been developing can be brought to bear on it. 14 This will also allow us to come full circle in our attempt to show that one of the central and most important aims of the international law of human rights is to protect our status as moral equals. It is official UN doctrine that human rights are “indivisible.” Al-ready in 1968, the UN’s Proclamation of Teheran stated: “Since human rights and fundamental freedoms are indivisible, the full realization of civil and political rights without the enjoyment of economic, social and cultural rights is impossible.” 15 In a 1977 resolution, the UN General F U N D A M E N T A L R I G H T S , I N D I V I S I B I L I T Y , A N D H I E R A R C H Y 247 Assembly endorsed indivisibility but dropped the important qualifica-tion about full realization. 16 And, finally, indivisibility was reaffirmed in the 1993 Vienna Declaration (without the qualification): “All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis.” 17 References to indivisibility are legion in documents issuing from the various UN human rights bodies. 18 The rhetorical aim of invoking in-divisibility was evident: at a time when many saw social, economic, and cultural rights as the bastard second cousins of civil and political rights, indivisibility was meant to reinforce the significance and importance of the former (much along the lines of Shue’s main thesis in Basic Rights ).
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