International Politics Dersi 4. Ünite Özet

Introduction

In the post-1990 world, the concept of human rights has become one of the most controversial topics. The subjects such as the history, classification and universality of human rights have been intensively debated and serious times have been spent on these issues. The post-Cold War international order, initially, was embraced with great optimism, but, shaken by civil wars and genocides, it has become more controversial over time. Issues such as the responsibilities of the international community and how the boundaries between respect for sovereignty and the responsibility to protect should be drawn are just a few issues that are on the agenda today.

Human Rights: A Philosophical and Conceptual Framework

Undoubtedly, the conceptualization of human rights necessitates a philosophical interrogation. First of all, it is an important starting point to question what the concept of the right itself means and whether is possible to have a common definition of a right on all humanity. The question of what the source of rights is has been discussed, in particular, in the literature of law, from past to present. In this context, it is often argued that a source of rights is the law of nature.

The acquisition of human rights together with the birth of man has had a broad philosophical support, especially by social contractors. However, there are other explanations with regard to the source of rights.

Another issue pertaining to human rights is the classification of rights. One of the most important approaches to the classification of rights belongs to Georg Jellinek. This classification of negative status rights, positive status rights, and active status rights can be roughly described as follows: Negative status rights emphasize the restrictions of states and personal immunity. In other words, the conceptualization of negative rights, which point to a protected area in which states could not intervene in any way, constituted the basis for preventing the state’s tyranny. Positive status rights, on the other hand, emphasize the need for states to take on various responsibilities and to strengthen social and economic conditions. In short, the so called positive rights entitle the state to create an environment in which individuals can live a life that suits human dignity and prevents them from falling into poverty. On the other hand, the third group of rights, active status rights, includes both the guarantee and the extension of the rights to vote and to be elected. In other words, these are the rights that enable political participation Another important point to be emphasized about human rights is the consideration that the development of human rights is largely Western-centric. In that regard, there is a large body of literature on the universality and locality of human Rights. Lastly, it is possible to mention the existence of a large literature on the causes of human rights violations. In this framework, the type of the political system (democratic or authoritarian), the economic structure of the country, poverty or other ideologies of hatred and psychopathological characters are used to understand human rights violations.

Historical Background of Human Rights

Human rights have been expressed in various circles from ancient Greece to Rome and from institutional belief systems to non-institutional belief systems. This is because human rights have been thought as a common research subject to philosophy and theology.

Revolutionary developments towards fundamental rights occurred in England in the 17th century. In this period, the existence of some untouchable rights was vigorously spoken, and these fundamental rights were defended against the authorities of that time.

Although the first efforts to establish fundamental rights pointed to the 17th century, the widening and deepening of the rights have spread over many years. However, it was required to wait for the 19th century to build mass democracies through which political rights are guaranteed.

Within this scope, the liberal and socialist tendencies that gained momentum in Europe with the 1830 and 1848 Revolutions erupted with the industrial revolution have become important cornerstone events in obtaining fundamental rights, in particular, political rights.

Internationalization Process of Human Rights

The internationalization of human rights is the result of a long period of time. In this context, the first transnational attempts are some regulations concerning the law of war. Some efforts to tackle intergovernmental relations through international legal arrangements and organizations have been shaped by The Hague Conventions and the Geneva Protocol. Undoubtedly, all these arrangements served as an important cornerstone in the formation of the law of war.

Post-Cold War Developments in the Process of the Internationalization of Human Rights

The mention and appreciation of human rights in international texts are largely followed by post-1945 era. In the post-World War II period, the agony of societies, especially the genocide, brought with it a number of measures to ensure that similar conditions would not occur in the future.

In spite of all these steps, the geostrategic necessities of the bipolar world during the Cold War prevented international initiatives on human rights from being effectively put in place. In other words, the overriding of security in the security freedom balance prevented to take steps in the name of liberties in these years.

Indeed, the period in which human rights were emphasized much more in international politics was after the Cold War. Contrary to the widespread optimism that had arisen, the post-Cold war environment led to new problems, such as civil wars, genocides, scarcities, natural disasters, which threaten human life

Globalization and Discussion of the Loss of Sovereignty in the Development of Human Rights

The importance which human rights have gained in the international arena is also the cause and consequence of a new form of sovereignty. In this framework, the absolute sovereignty, which is attributed to Bodin and Hobbes, has lost its relevancy today.

Initiatives to protect human rights, which become an almost universal norm in the globalization process, have also accelerated. As Brysk shows with globalization, international organizations, as well as transnational organizations, have become increasingly visible.

Secondly, the transformation of sovereignty has become possible not only by the hands of states but also by the increasing activities of non-state actors from above and below. Increasing communication opportunities by lowering the transaction costs through globalization and blurring the national and international distinction have brought social movements to gain a transnational character.

Non-State Actors and Human Rights

Human rights are being tried to be secured by activities carried out both by states and by non-state actors. In this context, some countries are in a leading position and play a leading role. For instance, Brysk (2009) states that some countries such as Sweden, Canada, Costa Rica, the Netherlands, Japan and South Africa attach special importance to human rights in their foreign policies, and they have noteworthy activities in the protection and promotion of human rights.

Human Rights in the Agenda of International Organizations

Although several international organizations exist acting in the field of human rights such as the European Union, African Union, ASEAN and UNASUR, the activities and principles of the United Nations, the European Union, the Council of Europe, and the Criminal Court of Justice will be emphasized. The reason for the selection of these particular organizations, besides the limited space, is that they are the most visible and the main organizations acting in this field.

The United Nations

The United Nation (UN) is an international organization established on 24th October 1945. Following the Charter of the United Nations was ratified by 50 countries in San Francisco, the UN has started its activities in the international field.

Council of Europe :

Founded in 1949, the Council of Europe aims to provide justice and international cooperation in terms of a closer unity, to promote democracy through the protection of individual freedom, political liberty, and the rule of law, and also to facilitate economic and social progress of its member states.

The International Criminal Court:

It is a court, which is responsible for the protection of human rights. Therefore, its functioning way is different from the United Nations and the European Union in terms of having sanctions on countries or individuals. The international Criminal Court (ICC) was firstly created by the Rome Statute in 1998 and then took effect in 2002, upon ratification by 60 States to promote and protect human rights and act against human rights’ violations in party countries.

Human Rights in the Shadow of Non Governmental Organizations

According to Edwards, NGO’s are “private, independent, non-profit, goal-oriented group” which are not affiliated with any government. Human rights NGO’s, on the other hand, are organizations that exclusively aim to “raise human rights issues within a country”. Their increase in number and effectiveness is related to the rise of non-state actors as mentioned above. Therefore, it could be mentioned that, today, NGOs and INGOs (International Nongovernmental organizations) have become more effective and visible in world politics by including directly individuals voluntarily in crucial world affairs such as human rights issue.

Amnesty Internationa l

As being one of the well-known NGOs in the sphere of human rights, Amnesty International is a nongovernmental organization through which members from 216 countries are gathered on the purpose of ensuring a world in which human rights are respected, promoting equality of the basic rights of human, preventing human rights violations.

Freedom House

Freedom House has been another major nongovernmental organization in the field human rights. Like the Amnesty International, it focuses on promoting and defending the rights of people, but it differs in the sense of its way to achieve its aims. It realizes these through providing democratic changes.

Human Rights Watch

Like the previous organizations, Human Rights Watch is also a non-governmental human rights organizations, which is therefore based on nonprofit and voluntarily participants. Human Rights Watch was established in 1978, it is well-known its impartial reporting, effective use of media, and cooperation with local human rights groups to protect and advance human rights all over the world.

Theory of International Relations and Human Rights

It is possible to talk about four diverse theories approaching the relation of international relations and human rights: Normative Theory, Liberalism, Constructivism, and English School.

Normative Theory and Human Rights :

Human rights in international relations are generally evaluated under the heading of normative theories. Normative theories that incorporate valuable concepts such as justice and ethics, argue that theories must be the catalyst of change beyond simple descriptions. In this respect, normative theorists are also advocates of a global order in which respect for human rights becomes a norm. Centering on what “ought to be done”, normative theory suggests a reading of values through the use of nonpositivist and non-empirical approaches to international relations

Liberalism, International Regimes, and Democracy

Unlike realists, who try to read international relations from a perspective of power and security, liberals question the possibilities of cooperation in international relations Liberal theorists, also, emphasize that different entities, including international organizations and nongovernmental organizations, are influential at certain levels in the decision-making process of governments.

English School and Humanitarian Intervention : The English School is located at a difficult point in many aspects. English School, which shares some principles with Realism from one side, and with Constructivist theory by from the other side, has been interpreted in various forms.

Constructivism, Norms, and Human Rights

It would not be wrong to state that a strong vein reflects a viewpoint based on ideas and norms, while incorporating different perspectives within the theory of Constructivist International Relations. Particularly in foreign policy, evaluations can be mentioned that interests are shaped by the norms.