Posted by Brian C. Ventura on March 19, 2010
Human Rights in Asia
debates on human rights
Human Rights
rights inherent to all human beings
- whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status.
equally entitled to our human rights without discrimination.
These rights are all interrelated, interdependent and indivisible.
Universal Declaration of human rights
International Covenant on Civil and Political Rights
International Covenant on Economic, Social and Cultural Rights
Universal Declaration of Human Rights
Drafted by representatives with different legal and cultural backgrounds from all regions of the world
common standard of achievements for all peoples and all nations
the United Nations stated in clear and simple terms rights that belong equally to every person.
THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
International Covenant on Civil and Political Rights
Recognizing that these rights derive from the inherent dignity of the human person
the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved through conditions whereby people enjoy these rights
Economic, Social and Cultural Rights
Recognizing that these rights derive from the inherent dignity of the human person
the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved through conditions whereby people enjoy these rights
International Debates on the Formation of United Nations Declaration of Human Rights
By: Lys Lee F. Lucero
The notion that the UNDHR was uniquely sponsored and promoted by the Western powers.
fourteen western countries adhered to a philosophical tradition of natural law embedded in national law
emphasis on the inherent dignity of being human and of inalienable and equal rights for all
twenty Latin American and Central American countries adopted a western model
Soviet vs. Western legal theory
differences in Soviet and Western concept of human rights
“it is the individual who is the beneficiary of human rights which are to be asserted against the government” (Western)
“law declared that state is the source of human rights” (Soviet)
sharp ideological exchanges on comparative assessments of the human rights situations in the Soviet-bloc countries and in countries under colonial rule
Human rights vs. national security
exception of non-derogable human rights
the right to life
the right to be free from slavery
the right to be free from torture
the right to be free from retroactive application of penal laws
human rights can be limited or even pushed aside during times of national emergency
“the emergency must be actual, affect the whole population and the threat must be to the very existence of the nation. The declaration of emergency must also be a last resort and a temporary measure…”
binding on all states and cannot be modified by treaty
Japanese American internment during World War II
forced relocation and internment by the US government in 1942 of approximately 110,000 Japanese Americans and Japanese residing along the Pacific coast of the United States to camps called “War Relocation Camps,” in the wake of Imperial Japan’s attack on Pearl Harbor
Gender Problems
UDHR acknowledges that men and women are not the same but insists on their right to be equal before the law and treated without discrimination.
Gender equality refers to the equal rights, responsibilities and opportunities of women and men, girls and boys, and should concern and fully engage men as well as women.
It is the human rights of women that is most widely ignored around the world
from female infanticide
sexual slavery and rape as an act of war
to exclusion from education, health and the right to compete equally for jobs
The right to be free of discrimination on the grounds of sex is specifically embodied in Article 2 of the declaration,
even a cursory reading of all 30 Articles is enough to remind us that the Declaration has yet to fulfill its promise to women
Debates on UNDHR and Asia
drawn up without their input
founded on the Western ideal of individual autonomy
has little meaning for East Asians
emphasize the primacy of community
the stress that industrialized countries place on civil and political rights is inappropriate for developing societies
meaningless in the absence of economic development and social stability
Issues on Concepts
meaning of human dignity
the importance of contextual factors (especially cultural) in the determination of the content and range of rights
relationship of the individual to the state and to society
potential challenges to the sovereign prerogatives of member states
connection between rights and responsibilities
role of spiritual values in individual and societal welfare
Misperception that civil and political rights is independent from economic, social, and cultural rights.
ideological fissures caused by the Cold War and the concomitant failure to develop a legally binding international human rights instrument
impossible for a society to fulfill its commitment to the right to education (Article 26) without taking seriously its commitment to the right to seek, receive, and impart information (Article 19)
difficult to envisage the realization of the right to form and to join trade unions (Article 23) without a commensurate realization of the right to peaceful assembly and association (Article 20)
Selective use of human rights norms by the main adversaries in the Cold War.
highlight what each side considered as its respective strength vis-à-vis the other
civil and political rights for the Western bloc
economic, social, and cultural rights for the Eastern bloc
New International Economic Order
from the Declaration for the Establishment of a New International Economic Order, adopted by the United Nations General Assembly in 1974
a set of proposals put forward during the 1970s by developing countries through the United Nations Conference on Trade and Development
to promote their interests by improving their terms of trade
increasing development assistance
developed-country tariff reductions
a revision of the international economic system in favour of Third World countries
replacing the Bretton Woods system
established the rules for commercial and financial relations among the world’s major industrial states in the mid 20th century
Human Rights after Cold War
Three generation of political rights
civil and political rights associated with Western liberal democracies;
social and associated with Eastern socialist states; and
development rights associated with post-colonial, developing countries.
U.N. High Commissioner for Human Rights
…United Nations agency that works to promote and protect the human rights that are guaranteed under international law and stipulated in the Universal Declaration of Human Rights of 1948
Women After Cold war
Women global movements are starting growing aiming to make woman rights perspective visible
movements around women’s human rights have emerged to challenge limited notions of human rights, and it has focused particularly on violence against women as a prime example of the bias against women in human rights practice and theory.
Human rights status
Improved international cooperation that facilitate the work of the various agencies, committees, and working groups engaged in monitoring compliance with human rights obligations.
Human Rights and Globalization
Globalization
is the system of interaction among the countries of the world in order to develop the global economy.
Globalization refers to the integration of economics and societies all over the world.
Globalization involves technological, economic, political, and cultural exchanges made possible largely by advances in communication, transportation, and infrastructure.
Issue regarding UHR and Globalizations
In the sphere of international economic policy, or private law, “public institutions” are made to contractually act as private stakeholders, as if they are “free” market actors.
Human rights and War on Terror
War on Terror
A term used by Bush after the 9/11 attack also known as War on Terrorism
Terrorism here means a destruction of people or property by people not acting on behalf of an established government for the purpose of redressing a real or imaginary injustice attributed to an established government and aimed directly or indirectly at an established government.
Arising Human Rights Issues
The case of US Reprisal on Afghanistan
… reprisal can cause a widen effect of violence
The Case of US war on Iraq
…the killing of both combatants and non-combatants in Baghdad
Contemporaries and Particularities of Human Rights in Asia
Primacy of Economic Development over Civil and Political Rights
Primacy of Economic Development over Civil and Political Rights
…“when poverty and lack of adequate food and clothing are commonplace and people’s basic needs are not guaranteed, priority should be given to economic development.”
Primacy of Economic Development over Civil and Political Rights
“…economic growth is the necessary foundation of any system that claims to advance human dignity, and that order and stability are essential for development.”
Primacy of Economic Development over Civil and Political Rights
“…it is necessary for a developing society to first succeed economic development before it can attain the social and political freedoms found in the developed society.”
Primacy of Economic Development over Civil and Political Rights
Asian societies must give greater priority to economic development and growth over political and civil rights because considerations for the community needs, rights, and security are of supreme importance.
Primacy of State, Society, and Community over Individual
Primacy of State, Society and Community over Individuals
Asian people work for the good of society, are less selfish and accept that the unity and stability of society are more important, and it is logically prior to the rights of individuals
Primacy of State, Society and Community over Individuals
Group orientation is also associated with values such as self-effacement, self-discipline and personal sacrifice to the greater public good. This is integral to perceptions of public morality, harmony and social dynamism.
Primacy of State, Society and Community over Individuals
Confucianism advocates ethical properties to private and public relationships which suggests acceptance of hierarchy and the need for social harmony, respect and for family and benevolence in government.
Primacy of State, Society and Community over Individuals
“…There are no absolute individual rights and freedoms, except those prescribed by and within the framework of law. Nobody shall place his own rights and interests above those of the state and society, nor should he be allowed to impair those of others and the general public.”
Primacy of State, Society and Community over Individuals
“…and the rest of the developing world, do not and cannot hold to an individualistic approach towards human rights for they cannot disregard the interests of their societies and nations.”
Primacy of State, Society and Community over Individuals
“…developing societies cannot afford to be complacent, and a balance between individual rights and social responsibility must be made to prevent anarchy and sustain economic development.
Emphasis on National Sovereignty
Tension between collective and individual rights
Self-determination is a right enjoyed by “peoples” to freely determine their political status and freely pursue their economic, social, and cultural development
the concepts of self-determination and independence – centered on the nation-state
individualistic perception of human rights in the west
Post Cold War
- a concerted effort to remove the cloak of Western imperialism and develop and identity independent of the west
- human rights pressures – perceived as an extension of Western aggressive behavior in the past
Human Rights and Sovereignty
West – Human Rights exceed Sovereignty
East – Sovereignty exceed Human Rights
China’s case – human rights criticism as “interfering with internal affairs”
Invoking sovereignty prevents the international community to criticize the State of its individual human rights abuses
Human Rights in Asian Philosophy
Hinduism and Human Rights
The caste system can be understood as a reflection of dharma or “the moral order” in Hindu society.
Caste vs. the notion that human beings are equal and deserve the same respect, dignity, and rights.
Many of the rights directly challenge the system of unequal privileges that is fundamental to the Hindu tradition of caste includes:
Right to Equality,
Right to Freedom,
Right against Exploitation,
Right to Freedom of Religion,
Cultural and Educational Rights,
Right to Property,
and Right to Constitutional Remedies.
Caste-based discrimination
The case of the Dalits on caste-based assignment of the worst jobs “manual scavenging”.
The Indian National Human Rights Commission has called manual scavenging “one of the worst violations of human rights”
Buddhism and Human Rights
Dharma determines what is right and just in all contexts and from all perspectives with respect to social justice
Dharma
the teachings of the Buddha which lead to enlightenment ( The Universal law of nature )
meaning right conduct, duty, religion, law, social justice, and responsibility
one of the three gems of Buddhism in which practitioners of Buddhism seek refuge
Dharma determines what is right and just in all contexts and from all perspectives. With respect to social justice the Rev. Vajiragnana explains:
- Each one of us has a role to play in sustaining and promoting social justice and orderliness
roles as reciprocal duties existing between
* parents and children; teachers and pupils; husband and wife; friends, relatives and neighbors; employer and employee; clergy and laity
… No one has been left out. The duties explained here are reciprocal and are considered as sacred duties, for – if observed – they can create a just, peaceful and harmonious society.
Dharma determines not just “what one is due to do” but also “what is due to one.” Thus through A’s performance of his Dharmic duty B receives that which is his “due” or that to which he is “entitled” in (under, through) Dharma.
Human rights can be extrapolated from Buddhist moral teachings using the logic of moral relationships to illumine what is due under Dharma.
A direct translation of the first four precepts yields a right to life, a right not to have one’s property stolen, a right to fidelity in marriage, and a right not to be lied to.
rights to liberty and security can either be deduced from or are extant within the general corpus of Buddhist moral teachings
A right not to be held in slavery, for example, is implicit in the canonical prohibition on trade in living beings.
Islam and Human Rights
Sharia law and women discrimination in Muslim societies largely influences how Islam societies treat women.
There was a clear conflict between the rights of women as enshrined in the UDHR and the need to protect and preserve the chastity of women. (Abu’l A’la Mawdudi)
No legal system other than the Shari’ah offered women protection from sexual molestation, assault and rape
Respect for the Chastity of Women
Charter of Human Rights granted by Islam
A woman’s chastity has to be respected and protected under all circumstances, whether she belongs to our own nation or to the nation of an enemy, whether we find her in the wild forest or in a conquered city; whether she is our co-religionist or belongs to some other religion or has no religion at all.
According to many Qur’anic verses, all people, regardless of their gender, religion, race and social class, are entitled to have a full equality before law.
Islam and Human Rights
According to the Shari’ah, despite declarations of the equality of the sexes before God, women are considered inferior to men, and have fewer rights and responsibilities.
Shari’ah law is totally opposed to freedom of dress for women.
Muslim woman is not allowed to marry a non-Muslim man whereas Muslim men are allowed to marry non-Muslim women.
The status of women in Muslim society.
Sense of alienation oftentimes leads to anger and bitterness toward the patriarchal systems of thought and social structures which dominate most Muslim societies.
It is customary in Muslim societies to regard a son as a gift, and a daughter as a trial, from God.
Islam and Human Rights
The greatest obstacle to human rights under Political Islam is its strong adherence to the Sharia.
“When we want to find out what is right and what is wrong we do not go the United Nations; we go to the Holy Koran . . .”
Ayatollah Moussave-Khomenehi