introducing the evolving human rights framework angelo stefanini

Introducing the Evolving Human Rights Framework

Angelo Stefanini Centre for International Health (CSI)

University of Bologna

Summer School Towards a right to health without borders

Interdisciplinary approaches for social change (RHEACH)

Izmir (Turkey), 8th - 18th July 2014

Why are we here talking about Human Rights?

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The Story of Human Rights

https://www.youtube.com/watch?v=oh3BbLk5UIQ

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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

Generations of Human Rights

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Generations of Human Rights (contd)

“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)

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"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)

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Cassin’s portico

Universal Declaration of Human Rights

n  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 (Duty-

bearer)

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Universal Declaration of Human Rights

2 Optional Protocols to the ICCPR(Member nations permit individuals or groups

to report personal human rights violations to theUN Human Rights Committee)

Int'l Covenant on Civil and Political Rights(ICCPR)

Adopted by UN General Assembly in 1966Entered into Force in1976

Int'l Covenant on Economic, Social and Cultural Rights(ICESC)

Adopted by the UN General Assembly in 1966Entered into Force in1976

Universal Declaration of Human Rights(UDHR)

December 10, 1948

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n  Bodies created under the UN Charter n  E.g. the Commission on Human Rights (UNCHR)

replaced in 2006 by UN Human Rights Council (UNHRC)

n  Bodies created under the international human rights treaties

n  United Nations General Assembly (UNGA), Third Committee of the General Assembly, Economic and Social Council (ESC), International Court of Justice (ICJ)

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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.

"Man is born free, and everywhere he is in chains…” Jean-Jacques Rousseau

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1) Legalistic Approach vs

2) Human Rights-based / Actor-oriented Approach

n  Focuses on “what-the-law-says” n  Downplays the political process, ignoring:

v Historical struggles and suffering hidden behind each clause of HR Covenants

n  Structural constraints preventing realization of ESC

n  Fails to strengthen States’ accountability and capacity to deliver resources and justice

n  Does little to develop people’s sense of themselves as citizens

1) The Legalistic Approach

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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