Enforcing Human Rights This lecture will explore the difficulties of monitoring and enforcing human rights, and the areas of emerging human rights 1 I.                   I. How are Human Rights Monitored and Enforced? We have already been introduced to the nation-state.  The reality is that nation-states seek to pursue their own interests in international affairs.  Hence, the emergence of concepts such as “national interest” and “national security”.  This is pretty much the case with the domestic scene also.  However, the big difference between the domestic scene and politics on the world stage is that in the former, there are greater constrains on what individuals can do.  For example, we run a high risk that if we choose to drive at 90 miles an hour on a road with 55 miles an hour speed limit, we will be caught and punished according to the law.  Ideally, laws in the United States cannot overtly discriminate under the "equal protection" clause of the Fourteenth Amendment to the Constitution; for example, an attorney is provided to indigent defendants in criminal cases. Thus, the law somewhat evens the playing field, though those with more power do seem to have more of an advantage than others. 2 However, in the international arena such constrains do not exist to the same degree.  There is, after all, no world government capable of making and enforcing law on the word stage, where nation-states are by definition sovereign.  Making and enforcing law at the international level is therefore a greater challenge.  Those with more power can get away with more in terms of not heeding legal restraints when it not in their interest to do so.  It is in this context that the test discusses the UN and other Human Rights actors, and the enforcement mechanisms that are available at the international level. (An Introduction to Global Studies, p. 105-114) When reading this section, think about the differences between the domestic and international systems, and the difficulties of enforcing law in the latter. 3 II.                Emerging Human Rights What should be considered a fundamental human right is always subjected to debate and contestation.  For example, how should the various Articles in UDHR be interpreted? Furthermore, new areas of human rights are continuously introduced.  The text discusses these in the context of “emerging human rights”.  There are some examples: a.       The Right to Water b.      Sexual Rights c.       DNA Rights d.      Human Rights and Non-State Actors 4 Issues in Human Rights 1 I.                   Introduction Chapter 4 of An Introduction to Global Studies begins by exploring the origins of human rights. This is followed by a discussion of how the protection of human rights became an obligation of nation-states. Next, the chapter focuses on various documents that underpin the human rights movement as well as the various debates that surround the conceptualization and implementation o ...

1. Enforcing Human Rights
This lecture will explore the difficulties of monitoring and
enforcing human rights, and the areas of emerging human rights
1
I.
I. How are Human Rights Monitored and Enforced?
We have already been introduced to the nation-state. The
reality is that nation-states seek to pursue their own interests in
international affairs. Hence, the emergence of concepts such as
“national interest” and “national security”. This is pretty much
the case with the domestic scene also. However, the big
difference between the domestic scene and politics on the world
stage is that in the former, there are greater constrains on what
individuals can do. For example, we run a high risk that if we
choose to drive at 90 miles an hour on a road with 55 miles an
hour speed limit, we will be caught and punished according to
the law. Ideally, laws in the United States cannot overtly
discriminate under the "equal protection" clause of the
Fourteenth Amendment to the Constitution; for example, an
attorney is provided to indigent defendants in criminal cases.
Thus, the law somewhat evens the playing field, though those
with more power do seem to have more of an advantage than
others.

2. 2
However, in the international arena such constrains do not exist
to the same degree. There is, after all, no world government
capable of making and enforcing law on the word stage, where
nation-states are by definition sovereign. Making and enforcing
law at the international level is therefore a greater challenge.
Those with more power can get away with more in terms of not
heeding legal restraints when it not in their interest to do so. It
is in this context that the test discusses the UN and other
Human Rights actors, and the enforcement mechanisms that are
available at the international level. (An Introduction to Global
Studies, p. 105-114) When reading this section, think about the
differences between the domestic and international systems, and
the difficulties of enforcing law in the latter.
3
II. Emerging Human Rights
What should be considered a fundamental human right is always
subjected to debate and contestation. For example, how should
the various Articles in UDHR be interpreted? Furthermore, new
areas of human rights are continuously introduced. The text
discusses these in the context of “emerging human rights”.
There are some examples:
a. The Right to Water
b. Sexual Rights
c. DNA Rights
d. Human Rights and Non-State Actors

3. 4
Issues in Human Rights
1
I. Introduction
Chapter 4 of An Introduction to Global Studies begins by
exploring the origins of human rights. This is followed by a
discussion of how the protection of human rights became an
obligation of nation-states. Next, the chapter focuses on various
documents that underpin the human rights movement as well as
the various debates that surround the conceptualization and
implementation of human rights protections. The chapter then
moves on to provide an overview of human rights monitoring
and enforcement. Finally, the chapter concludes with a brief
introduction to emerging human rights issues. Having read the
material for this week, you should be able to assess the
following questions and issue areas:

4. 2
What are human rights and from where do they originate?
What issues prevent universal agreement on what constitutes
human rights?
Are human rights culturally specific or universal?
How are human rights monitored and how are human rights
treaties enforced?
3
II. Where do Human Rights come From?
The chapter’s discussion of the origins of modern Human Rights
is divided into three sections: Schools of Thought about the
Origins of Human Rights, Historical Background and Human
Rights in the Modern Era.
The two schools of thought about the origins of human rights
are natural law and positivism. According to the former, human
rights are inherent in all individuals; that is, all humans are
born with certain rights. According to the latter, on the other
hand, human rights exist because states consent to them. (p. 88-
89 of An Introduction to Global Studies)

5. A number of key documents and events have set the ground
work for modern human rights. These are the Magna Carta
(1215), the writ of habeus corpus and the French Revolution of
1789.
In the modern era, the most important documents on human
rights have emerged within deliberations of the League of
Nations and, more significantly, its successor the United
Nations. The UN Charter alludes to its aspirations to
internationalize human rights. (p. 93 of An Introduction to
Global Studies) The Universal Declaration of Human Rights
(UDHR) is a milestone in these terms. (p. 95-97 of An
Introduction to Global Studies) You may visit the United
Nations Office of the High Commissioner for Human Rights for
more details about the UN’s efforts to promote human rights.
4
III. The Debate over Rights
A. Negative and Positive Rights
The Cold War period (1945-1991) complicated both the
interpretation and implementation of human rights. One debate
centered on the relative weight of negative and positive rights.
The latter includes those rights which no individual or state can
take away, such as the right to free speech, freedom of religion,
etc. In the United States these are often understood as Civil
Rights and Liberties. Positive rights, on the other hand, are
rights which states are supposed to promote, such as education,
health care, etc. (p. 102 of An Introduction to Global Studies)

6. B. Cultural Relativists vs. Universalists
One of the things you will notice is that modern conceptions of
human rights have largely originated in the west. This raises
questions about whether notions of human rights are western-
centric, and whether western practices of promoting human
rights around the world are in fact exercises in cultural
imperialism.
One development which signifies the growing acceptance of the
universalist position is the increasing credibility of
international tribunals to try those accused of crimes against
humanity. These include the International Criminal Court.
5
IV. In Focus: What is Torture?
The text focuses on the issue of torture to discuss the debates
surrounding human rights. Part of the issue is what constitutes
“torture”, and whether there can be a global agreement on this.
The latter became particularly controversial in the context of
the war on terror during the Bush administration. The Geneva
Accords, derived for the UDHR, offer a set of guidelines.
Part of the issue, also, centers on the rights of prisoners of war.
The Geneva Convention on Prisoners of War, adopted on
August 12, 1949, and entered into force on October 21, 1950,
offer guidelines.
The next lecture will look at how human rights are monitored
and enforced, and the areas of emerging human rights.

7. 6