POL340Y1 Lecture Notes - Lecture 6: International Human Rights Law, Negative And Positive Rights, Avena
23 Dec 2016
School
Department
Course
Professor
Document Summary
Lecture june 30: looking at specific parts this half of the course, familiarize with the articles-at least identify with issues/treaty/case for final exam. About history and theory of ihrl-where and how we got here, what is the present situation as of now. Iccpr and icescr-two general approaches that treaties take to hr norms. Theory and history of ihrl: rights vs. morality, custom, religion relationship between individuals and authority rights one person against rights of another- states=primary guarantors and violators of human rights rights-based (civil law) competing conceptions- liberty-based (common law) Hr-rights of individuals against the state or other authorities. Negative vs. positive rights recognition by the state of these innate qualities (called hr)=project from previous time who lobbied for entrenchment of rights into law. Ir hr rights-it is the state the focus-it is guarantors. Modern ir legal system has severe restriction on sovereignty on binding because states have it binding it to them.
