Terms - Human Rights

A legal entitlement. Declared in a document.

Freedom

Something that is written into law that you are able to do, but not obligated to.

Human Right

A legal entitlement that all humans have. Declared in a document.

A legal entitlement relating to legal procedures.

Injustices

Injustices are actions that are unjust, declarations of human rights typically try to eliminate or reduce the amount of injustices that are happening to people.

Intolerance

Unwillingness to accept views, beliefs, or behavior that differ from your own. (Bigotry?)

Prejudice

Preconceived opinion that is not based on reason or experience. OR Harm or injury that may result from some action or judgement. i.e. “Prejudice resulting from a delay in the courts”

Persecution

Being treated poorly or with hostility. Typically based on something which is covered in Section 15.

Conquest

Taking control of a location (country, city, etc.) by force.

Enslavement

Making somebody a slave.

Genocide

The systematic elimination of a group.

Universal Declaration of Human Rights, 1948

A document created by the United Nations that acts as a sort of guideline for States to create their own human rights declarations. It doesn’t actually apply anywhere except for in the International Court of Justice.

The United Nations

An International Governance Organization which aims to hold states (countries) accountable for their actions across the world.

Atrocity Crimes

Genocide

The systematic elimination of a group

War Crimes

An action committed during a war that violates jus ad bello (acceptable wartime conduct). Examples of war crimes

Crimes against Humanity

Crimes against humanity are widespread systematic attacks intentionally directed against civilian population. e.g. Murder, Extermination, Enslavement, Displacement, Imprisonment or other deprivals of liberty, Torture, Rape/sexual slavery, Persecution against a targeted group, Apartheid, and other acts that intentionally cause physical or mental injury/suffering.

Ethnic Cleansing

A type of genocide where a nation/area eliminates an ethnic group to create an ethno-state, or turn their community into a homogenous one, with only one ethnicity.

Rules of War

Rules of War, also known as Jus ad Bello, or acceptable wartime conduct are the general rules of things you cannot do during war. They define the list of war crimes.

Inalienable / Natural Right

An inalienable right or a natural right is a right that can not be taken away or infringed. i.e. Freedom of consciousness.

Entrench

To entrench something is to include it in a nations charter / constitution of human rights.

Charter of Rights and Freedoms

The Charter of Rights and Freedoms is Canada’s declaration of human rights. It has 33 sections which each relate to different things.

Guarantee / Limitations

A human right is guaranteed, but reasonable limitations can be placed. i.e. If your religion requires you to wear a headwear that would prevent you from wearing a motorcycle helmet while driving a motorcycle, you either must remove the headwear and wear the helmet or not drive the motorcycle for your own safety.

Reasonable / Justified

A limitation is reasonable or justified if it there is a just cause to remove it. A right can not be limited for no reason.

Precedent

Precedent is basically when something has been decided on previously, the precedent has been set, and that decision should be used to make future decisions.

Infringe / Unconstitutional

When one of your rights is limited or taken away without just cause, it is an infringement. Infringements are unconstitutional. Anything that violates the charter is unconstitutional.

American Declaration of Independence and Bill of Rights

The document that separated the United States from Britain and also created their constitution.

Declaration of the Rights of Man

Transclude of block declaration-of-the-rights-of-man

Canadian Bill of Rights, 1960

Developed in response to the United Nations Universal Declaration of Human Rights after World War II, it recognized the rights of individuals to life, liberty, personal security, and enjoyment of property, the freedoms of religion, speech, assembly, association, and the press, and the right to counsel and a fair hearing. It was not a perfect document, but it was a step in the right direction.

Enforcement, Section 24

Section 24 of the Charter holds the government accountable for upholding the rights declared in the Charter. If someone’s rights are infringed, they can use Section 24 to do a Charter Challenge and if the challenge is considered valid they can take the government to court.

Declaration, Injunction, Damages

Declaration

A declaration is when something is written into or codified into law.

Injunction

A court order to prohibit someone from doing something

Damages

Damages are the affects felt by somebody who has been legally infringed.

Equity / Equality

Equity is when everybody gets what they need to in turn be on an equal level, equality is when everybody gets the same thing, regardless of where they are currently at. (Insert that one image of the guys at the baseball game with the boxes)

Notwithstanding Clause, Section 33

The Notwithstanding Clause is a clause in the charter that allows a charter right to be limited / infringed for up to 5 years. It was declared in order to try and appease provinces into signing the charter, and has been invoked several times, mostly by Quebec.

Landmark Cases

A landmark case is a legal case that set a large precedent going forward.

Ontario Human Rights Code (OHRC)

The Ontario Human Rights Code is a codified document that declares the human rights that people in Ontario have. It is used for non-government entities in Ontario.

The three bodies that oversee the Ontario Human Rights Code. The Commission works to protect and advance human rights in Ontario. The Tribunal is where you go to resolve disputes relating to human rights violations. The Legal Support Centre is offers advice and support services to people who are experiencing discrimination under the OHRC.

Adjudication

The verdict in a judicial dispute.

Protected Areas

An area which receives protection because of natural, ecological, or cultural values. (I think)

Protected Grounds

Protected Grounds are the criteria that are met in situations like a violation of Section 15. These include citizenship, race, place of origin, ethnicity, color, disability, age, sex, gender identity, sexual orientation, etc.

Complainant, Accused, Exceptions

The complainant is somebody who is making a case against somebody else. The accused is somebody who is, surprise, being accused of doing something in a legal case. An exception is when a lawyer does not agree with a judge’s ruling.

Harassment, Sexual Harassment

Harassment is repeated attempts to be in contact or doing something to somebody who does not want it. Sexual Harassment is similar, but with unwanted sexual advances.

Poisoned Environment

A poisoned environment is somewhere like a workplace where bad or discriminatory behavior is normalized to the point where it is “toxic” to members of the group that are being discriminated against. i.e. A workplace where misogynistic jokes are normalized becomes a toxic environment for women.

Constructed Discrimination

Discrimination that is constructed, unintentionally by something.

i.e. A construction company being comprised of 100% men because most people who are in the construction industry are men.

Systemic Discrimination

Discrimination that is built on and perpetuated by the systems (government, etc.) that are currently in place.

Terms - International Law

Foreign Policy

A government’s strategy in dealing with other nations.

Sovereignty

Exclusive power of jurisdiction over it’s territory and population. Lawful control of a state over it’s territory and the exclusion of others from their territory. State Sovereignty

Toponymy

The study of place names Country names come from four sources:

  • A directional description of the country.
    • (North Korea, South Sudan)
  • A feature of the land
  • A tribe name
  • An important person

Globalization

The growing interdependence of the world’s economies, cultures, and populations brought about by

  • Cross border trade in goods and services
  • Technology
  • Flows of investment, people, and information.

Globalization can be thought of as a metaphoric shrinking of the earth.

Citizenship

There are two types of citizenship

Active Citizenship

An individual who participates and contributes to their community or society by voting, volunteering, and doing acts of service.

Global Citizenship

Someone who identifies with being a member of a growing global community and whose actions support the development of it’s values and norms and society. A Global Citizen is someone who is aware of and comprehends the world and their place in it.

Non-Intervention

Countries cannot interfere with the legal or political decisions made by another country. Non-Intervention requires an obligation in each state to act in good faith and respect the UDHR.

Colonization

Overtaking or absorbing new lands for resources as a new colony.

Treaty

A treaty is an agreement between two or more governing bodies.

Duties / Obligations

Non-governmental organizations do not have duties or obligations under international law. They advocate for certain outcomes based on their founding principles.

Bilateral

A bilateral treaty is a treaty between two member states.

Woodrow Wilson

Created the United State’s 14 Points, which in turn created the League of Nations.

14 Points, League of Nations

The 14 Points were created after WWI in order to try to achieve a peaceful world. The 14th point established the League of Nations, which would dissolve during WWII and eventually lead to the United Nations.

Permanent Members

There are 5 Permanent Members of the UN Security Council.

  • United States
  • France
  • Russia
  • UK
  • China They all have the power to individually Veto a decision.

Veto

The 5 Permanent Members of the UN Security Council have the power to veto a decision. If one permanent member vetoes the decision, the decision is thrown away.

R2P

R2P stands for Responsibility to Protect. The UN Security Council votes on these cases. R2P cases usually involve war or conflict reduction.

Diplomat / Dignitary

A Diplomat or Dignitary is a representative from a nation who travels to other nations.

Embassy

The official residence and offices of diplomatic representatives. It serves as a shelter to those nationals.

Diplomatic Immunity

Protection sought in embassies by individuals fearing from their safety. Essentially, a Diplomat can not be arrested in another country.

Hot War, Cold War

Hot War

A war where arms are used, visual invasion of territory, and there is a great loss of life.

Cold War

Political in nature, secretive invasion of territory, targeted loss of life.

Law of War / International Humanitarian Law

A collection of rules for the protection of humanity that govern warfare. All states must follow this.

Founded in 1949 after 4 Geneva Conventions. Provides jus ad bellum (justification to engage in war), and jus ad bello (limits to acceptable wartime conduct) Involves:

  • Declaration of Warfare
  • Acceptance of Surrender
  • Treatment of Prisoners of War
  • Military Necessity or Use of Force (Zones of Attack)
  • Prohibition of weapons that cause unnecessary suffering.

Justifications for War

Last resort

Multilateral

A multilateral treaty is a treaty that is between more than two states.

Ratification

The act of signing or giving formal consent to a treaty.

Synonyms for Treaty

  • Convention
  • Protocol
  • Agreement
  • Memorandum of Understanding
  • Accord
  • Exchange of Notes
  • Arrangement

Provision

A statement within an agreement or law that a particular thing must happen. (if x, then y)

IGO

International Governance Organization

Regional, Selective, Specialized

Regional, Selective, and Specialized organizations are types of IGOs

Regional

Membership is based on geography, i.e. European Union

Selective

Membership based on criteria. i.e. Organization of the Islamic Conference, based on religious affiliation.

Specialized

Membership limited to a limited field or industry. i.e. OPEC, those who specialize in oil exports.

NGO

Non-governmental organization. i.e. Multinational corporation, international non-profit.

Sanctions

A type of penalty that is applied to countries who are violating UN decisions

Arbitration

Third party judgement that applies to both states involved in a conflict

Acceptable Wartime Conduct

Jus ad Bello, acceptable wartime conduct. Basically says you cant commit war crimes. Defined earlier in this document

International Court of Justice

In the Netherlands. This is where international disputes are settled in court by the UN.

International Criminal Court

Established in 2002, specific to those charged with atrocity crimes.