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What are civil and political rights?
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All Flashcards in Topic 2.3
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2.3.111 cards
What are civil and political rights?
First-generation rights protecting individual freedom and a voice in government — the vote, free expression, a fair trial and freedom from torture.
What are 'negative' rights?
Rights that mostly ask the state to NOT do something (not censor, not torture, not rig elections) — relatively cheap to guarantee.
Give examples of civil-political rights.
Freedom of expression, the right to vote, a fair trial, and freedom from torture and arbitrary arrest.
What is press freedom?
The right of journalists and media to report without censorship — a core civil-political right and a check on power.
Why is press freedom a good example?
A free press checks power, but journalists are jailed, media shut down and the internet cut off, showing these rights are never fully secure.
Why does attacking one civil-political right weaken the rest?
Without press freedom people cannot know what their government does, so all their other rights become harder to defend.
What is the freedom-vs-security trade-off?
The debate over whether to limit civil-political rights (surveillance, detention) to fight terrorism or crime.
Are civil-political rights absolute?
Nearly — even defenders accept narrow limits (e.g. banning incitement to violence); the debate is who decides the limits and whether courts can check them.
Why are civil-political rights relatively enforceable?
As 'negative' rights they mostly require the state to refrain, which is cheaper and clearer than providing services.
When are limits on these rights dangerous?
When 'security' or 'emergency' powers become permanent, escape court review, and are used to silence critics.
How do civil-political rights link to democracy?
They make democracy work — free expression, a free press and the vote let people hold governments to account.
2.3.211 cards
What are economic, social and cultural rights?
Second-generation rights to the conditions for a decent life — health, education, work, food and housing.
What are 'positive' rights?
Rights that need the state to DO something (build hospitals, run schools, provide support) — so they cost money and resources.
Give examples of economic-social rights.
The right to health, education, work and fair conditions, and an adequate standard of living (food, housing, water).
Why is vaccine inequality a good example?
During COVID, wealthy countries stockpiled vaccines while poorer ones waited, showing the right to health is a real need but unequally delivered.
What is 'progressive realisation'?
The UN asks states to deliver economic-social rights as fast as resources allow; supporters call it realistic, critics say it lets governments delay.
Why do some call these rights 'goals'?
Because they cost money poorer states may lack and are hard to enforce directly in a court, so critics see them as aspirations.
Why does the UN treat them as equal to civil-political rights?
Because liberty is hollow if you are starving or sick, so all rights are seen as equal and indivisible.
Why is the 'positive vs negative' rights line blurry?
Civil-political rights also cost money (courts, police), and economic-social rights also require the state to refrain (not discriminate).
What does vaccine inequality reveal about rights?
The gap between rights declared (health for all) and rights realised (unequal delivery shaped by wealth).
Are economic-social rights enforceable?
Increasingly — courts have enforced rights to health and housing — but enforcement depends on resources and is uneven.
How do these rights link to development?
Health, education and an adequate living standard are both rights and drivers of development, so the two reinforce each other.
2.3.311 cards
What are minority and indigenous rights?
Protections for groups who differ from or were dispossessed by the majority — their culture, language, land and self-determination, held collectively.
Why are group rights needed?
Because individual rights alone cannot stop a majority assimilating or dispossessing a whole people — the threat is to the group as a group.
What is UNDRIP?
The UN Declaration on the Rights of Indigenous Peoples (2007), recognising rights to land, culture and self-determination — but non-binding.
What is self-determination?
A people's right to govern their own affairs — a say over decisions that affect the group, central to indigenous rights.
Why is UNDRIP a good example?
It shows global recognition of indigenous rights (progress) but is non-binding, so struggles over land and consent continue (its limits).
How can group rights clash with individual rights?
A group's right to preserve traditions can conflict with an individual member's rights (e.g. a woman's or a dissenter's), so the two must be balanced.
Why does history matter for indigenous rights?
They are strongest where there has been dispossession and colonisation — returning land and voice is a matter of justice, not 'special treatment'.
What do minority rights protect?
The culture, language, religion and equal treatment of groups outnumbered by the majority.
What is a common objection to group rights?
That they may entrench division, are hard to define (who is a member?), or give 'special' treatment majorities resent.
When are group rights most justified?
Where individual rights fail a people AND the group rights also protect the individuals within the group.
How do these rights link to power?
Minorities and indigenous peoples are usually the less powerful, so these rights try to protect them from the majority and from states and companies.
2.3.411 cards
What do women's rights cover?
Equality before the law, the vote, education, work and equal pay, health and bodily autonomy, and freedom from gender-based violence — spanning all generations.
What is CEDAW?
The Convention on the Elimination of All Forms of Discrimination Against Women (1979) — the main global women's-rights treaty.
What is gender equality?
Equal rights, treatment and opportunities regardless of gender, across law, work, education, health and freedom from violence.
What is gender-based violence?
Violence directed at someone because of their gender — including domestic abuse, trafficking and harassment.
Why is Afghanistan a good example?
After 2021 the Taliban barred girls from school and pushed women from work and public life, showing women's rights can be reversed in months.
Why do women's rights span all generations?
They include civil-political rights (the vote), economic-social rights (equal pay, education, health) and freedom from violence.
How is 'culture' used against women's rights?
Denying women education or equality is defended as 'tradition' — usually the view of those in power, not the women affected.
Why is law alone not enough for gender equality?
A state can sign CEDAW and pass equality laws yet still have discrimination in pay, violence and public life, because norms and enforcement lag.
What does Afghanistan reveal about rights?
That rights are not a one-way ratchet — where power shifts and rights are treated as 'cultural', they can be rolled back fast.
How do women's rights link to development?
Educating and empowering women drives development and reduces poverty, so gender equality and development reinforce each other.
Is gender equality universal or cultural?
Universal at its core (no culture may legitimately deny women rights), but realised unevenly and often resisted as 'cultural'.
2.3.511 cards
What is a refugee?
Someone forced to flee their country to escape war or persecution — protected in international law.
What is a migrant?
Someone who chooses to move to another country, often for work or a better life — with fewer special protections.
Why does the refugee/migrant label matter?
It decides who the world is legally obliged to protect, so governments and campaigners fiercely dispute who counts as which.
What is the 1951 Refugee Convention?
The main treaty defining who is a refugee and their rights, including asylum and protection from being returned to danger.
What is non-refoulement?
The rule that states must NOT send refugees back to a country where they face danger — the core legal protection for refugees.
What is asylum?
The right to seek and be granted safety in another country when fleeing persecution.
Why is a refugee crisis a good example?
It tests whether the world honours refugees' legal rights — the duty to protect vs pushbacks, walls and paying others to hold them.
Why do refugee rights clash with sovereignty?
Human rights say everyone fleeing danger deserves safety, but sovereignty says states control their own borders and who may enter.
What is the burden-sharing problem?
A few countries (often poorer neighbours of a conflict) host most refugees while richer states take fewer — a justice question about sharing responsibility.
Why are refugees a hard test of rights?
They are outside their own state's protection, so their rights depend entirely on other states honouring their obligations.
Can states control their borders and protect refugees?
Yes — they may lawfully manage borders, but not by returning genuine refugees to danger (non-refoulement).
2.3.611 cards
What are digital rights?
Human rights as they apply online — the right to privacy, free expression online, control over your own data, and access to the internet.
Who threatens digital rights?
Both states (through mass surveillance and censorship) and Big Tech companies (through harvesting and selling personal data).
What is data protection?
Rules controlling how personal data is collected and used, giving people rights over their own data — a key digital-rights safeguard.
What is the 'chilling effect'?
When people who know they are watched censor themselves, so surveillance quietly silences free expression and dissent.
Why is mass surveillance a good example?
Governments and Big Tech collect vast personal data, eroding privacy and, through the chilling effect, free expression.
Why is Big Tech a rights issue?
A few companies hold data on billions and shape what they see, so their power over privacy and information rivals states' — but they are unaccountable.
What is the privacy-vs-security debate online?
Whether mass data collection to fight crime and terrorism is worth the loss of privacy for everyone.
Why does losing privacy weaken other rights?
People who feel watched censor themselves, so surveillance chills free expression and dissent even without a direct ban.
How can digital tools also expand rights?
The internet gives a global voice and access to information, expanding expression and participation — a double edge.
Why are digital rights hard to enforce?
The internet crosses borders, states disagree on rules, and Big Tech is global, so no single country can fully protect them alone.
What does protecting digital rights require?
Strong, enforceable rules that check BOTH government surveillance and corporate data harvesting, not just one.
2.3.711 cards
What does measuring and monitoring rights mean?
Tracking how well states actually respect rights — turning promises on paper into evidence we can compare, publicise and act on.
How are rights measured and monitored?
Through indices (rankings), UN monitoring (the Universal Periodic Review and treaty bodies), NGO reports, and data and testimony.
What is a rights index?
A ranking that scores and compares countries on rights or freedom — e.g. press or political freedom.
What is the Universal Periodic Review (UPR)?
The UN process where every state's human-rights record is examined by other states every few years.
Why measure rights at all?
You cannot fix what you cannot see — monitoring exposes abuses, compares countries, tracks progress and gives campaigners evidence.
Why is measuring rights difficult?
Governments hide abuses, some rights resist numbers, data is patchy where rights are worst, and every index makes contestable choices.
What is the power of monitoring?
Exposure — it makes abuses harder to hide and gives NGOs and IGOs evidence to pressure governments.
What is the limit of monitoring?
It can expose but not enforce, and it depends on data and honesty that abusive governments withhold.
Why is an index only as good as its choices?
Every ranking decides what to measure and how to weight it, so two honest indices can rank the same country differently.
How can states respond to bad rankings?
By improving, but also by ignoring them, gaming the measures, or attacking the method as biased.
How does monitoring link to NGOs?
NGOs like Amnesty and Human Rights Watch gather the data and testimony that make monitoring and rankings possible.
2.3.811 cards
What is the UDHR?
The Universal Declaration of Human Rights (1948) — the founding global list of human rights; not legally binding but the basis of the whole framework.
What is codification of rights?
Writing rights into binding law — treaties, conventions and covenants that states agree to follow.
What is the enforcement gap?
The gap between having rights codified on paper and actually enforcing them, because there is no world police to compel states.
How are rights protected and monitored?
Through courts (ICJ, ICC, regional human-rights courts), UN bodies like the Human Rights Council, and NGOs such as Amnesty that watch, report and campaign.
What is R2P in the rights context?
The Responsibility to Protect — the growing world norm that state sovereignty does not shield a government committing mass atrocities against its people.
Why is the UDHR important despite not being binding?
It set the first shared global standard of human rights and became the basis for all the binding treaties, courts and norms that followed.
Why can codified rights still be violated?
Because there is no world enforcer; a state can sign a treaty and still break it, especially if powerful enough to resist courts and pressure.
What does 'even codified, actors lack means or will' mean?
That writing a right into law is not enough — protecting it also needs the capacity and political will to enforce it, which are often missing.
What are the strengths of the rights framework?
A shared global standard, binding treaties, courts like the ICC, monitoring bodies, and a language for victims to demand rights and raise the cost of abuse.
What are the weaknesses of the rights framework?
The UDHR is not binding, treaties are unevenly enforced, courts have limited reach, powerful states escape accountability, and violations persist.
What is a balanced view of the rights framework's effectiveness?
A real advance that made rights a global standard and enabled some accountability, but limited by a persistent enforcement gap — so it needs strengthening, not dismissal.
Topic 2.3 study notes
Full notes & explanations for Nature, practice and study of rights and justice
Global Politics exam skills
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