Concepts of rights and justice Notes

Key Concepts of Rights and Justice

1. Power

1. The ability to effect change, central to global politics.
2. Shapes relationships and the enforcement of rights/justice.

2. Sovereignty

1. A state's right to self-govern.
2. Central to debates over how and whether states uphold human rights.

3. Legitimacy

1. Acceptance of authority by others.
2. Key in evaluating the credibility of governments, IGOs, NGOs, and courts in justice matters.

4. Interdependence

1. Mutual reliance among actors (states, groups, regions).
2. Impacts how rights and justice are understood and enforced globally.

5. Equality

1. All people have equal intrinsic value.
2. Tied to rights and justice, highlights how inequality affects access and outcomes.

6. Liberty

1. Negative liberty: freedom from coercion.
2. Positive liberty: freedom to act.
3. Crucial to rights-based frameworks.

7. Justice

1. Concerned with fairness and rightful treatment.
2. Complex is key in understanding what individuals or groups are owed.

8. Rights

1. Linked to dignity and personal freedom.
2. Seen as essential for a just society and a dignified life.

Understanding Rights

1. Types of Human Rights

1. Human Rights: Universal rights inherent to all humans, regardless of nationality, gender, or other status.
2. Civil and Political Rights: Rights that protect individual freedoms, such as freedom of speech and the right to vote.
3. Economic, Social, and Cultural Rights: Rights that ensure access to essential resources and opportunities, like education and healthcare.

2. Characteristics of Human Rights

1. Universality: Applicable to all people, everywhere.
2. Indivisibility: All rights are interconnected and equally important.
3. Inalienability: Rights cannot be taken away, though they may be restricted under specific circumstances (e.g., during a state of emergency).

Exploring Justice

1. Definition and Dimensions of Justice

1. Distributive Justice: Focuses on the fair allocation of resources and wealth.
2. Procedural Justice: Ensures fair and transparent decision-making processes.
3. Retributive Justice: Involves punishment for wrongdoing, often in a legal context.
4. Restorative Justice: Aims to repair harm and restore relationships between offenders and victims.

2. Theories of Justice

1. John Rawls: Advocated for distributive justice through his concept of the " veil of ignorance," which ensures fairness by designing society without knowing one's position within it.
2. Amartya Sen: Emphasized the importance of capabilities, the real freedoms people have to achieve their potential.

The Interplay Between Rights and Justice

1. Mutual Reinforcement: Rights and justice often support each other. For example, protecting human rights can lead to a more just society.
2. Tensions and Conflicts: Conflicts can arise when rights compete, such as balancing freedom of speech with protection against hate speech.

Case Studies