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Contemporary international human rights law and the establishment of the United Nations (UN)
have important historical antecedents. Efforts in the 19th century to prohibit the slave trade and
to limit the horrors of war are prime examples. In 1919, countries established the International
Labor Organization (ILO) to overseetreaties protecting workers with respect to their rights,
including their health and safety. Concern over the protection of certain minority groups was
raised by the League of Nations at the end of the First World War. However, this organization for
international peace and cooperation, created by the victorious European allies, never achieved
its goals. The League floundered because the United States refused to join and because the
League failed to prevent Japans invasion of China and Manchuria (1931) and Italys attack on
Ethiopia (1935). It finally died with the onset of the Second World War (1939).
The Birth of the United Nations
The idea of human rights emerged stronger after World War II. The extermination by Nazi
Germany of over six million Jews, Sinti and Romani (gypsies), homosexuals, and persons with
disabilities horrified the world. Trials were held in Nuremberg and Tokyo after World War II, and
officials from the defeated countries were punished for committing war crimes, "crimes against
peace," and "crimes against humanity."
Governments then committed themselves to establishing the United Nations, with the primary
goal of bolstering international peace and preventing conflict. People wanted to ensure that
never again would anyone be unjustly denied life, freedom, food, shelter, and nationality. The
essence of these emerging human rights principles was captured in President Franklin Delano
Roosevelts 1941 State of the Union Address when he spoke of a world founded on four essential
freedoms: freedom of speech and religion and freedom from want and fear (See Using Human
Rights Here & Now). The calls came from across the globe for human rights standards to protect
citizens from abuses by their governments, standards against which nations could be held
accountable for the treatment of those living within their borders. These voices played a critical
role in the San Francisco meeting that drafted the United Nations Charterin 1945.
The Universal Declaration of Human Rights
Member states of the United Nations pledged to promote respect for the human rights of all. To
advance this goal, the UN established a Commission on Human Rights and charged it with the
task of drafting a document spelling out the meaning of the fundamental rights and freedoms
proclaimed in the Charter. The Commission, guided by Eleanor Roosevelts forceful leadership,
captured the worlds attention.
On December 10, 1948, the Universal Declaration of Human Rights (UDHR) was adopted by
the 56 members of the United Nations. The vote was unanimous, although eight nations chose to
abstain.
The UDHR, commonly referred to as the international Magna Carta, extended the revolution in
international law ushered in by the United Nations Charter namely, that how a government
treats its own citizens is now a matter of legitimate international concern, and not simply a
domestic issue. It claims that all rights are interdependentand indivisible. Its Preamble
eloquently asserts that:
[R]ecognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice, and peace in the
world.
The influence of the UDHR has been substantial. Its principles have been incorporated into the
constitutions of most of the more than 185 nations now in the UN. Although adeclaration is not
a legally binding document, the Universal Declaration has achieved the status of customary
international law because people regard it "as a common standard of achievement for all
people and all nations."
In Europe, the Americas, and Africa, regional documents for the protection and promotion of
human rights extend the International Bill of Human Rights. For example, African states have
created their own Charter of Human and Peoples Rights (1981), and Muslim states have created
the Cairo Declaration on Human Rights in Islam (1990). The dramatic changes in Eastern Europe,
Africa, and Latin America since 1989 have powerfully demonstrated a surge in demand for
respect of human rights. Popular movements in China, Korea, and other Asian nations reveal a
similar commitment to these principles.
Source: Adapted from David Shiman, Teaching Human Rights, (Denver: Center for Teaching
International Relations Publications, U of Denver, 1993): 6-7
will be held accountable. Paternity fraud is legal. In no state is legal paternal surrender permitted
without the express agreement of the mother.
Again, regardless of whether you agree or disagree with legal paternal surrender, the fact
remains that women have the legal right to choose parenthood. Men do not.
4. Women have the right to be assumed caregivers for children
When parental relationships irretrievably break down, current custody laws assume one primary
caregiver (almost always a woman) and one tertiary caregiver (almost always a man). In order to
win equal or shared custody, the tertiary caregiver must litigate to prove they are worthy of
equal parenting, a proposition that is not only very difficult to prove, it is also very expensive.
The legal presumption of shared parenting upon divorce that children have a legal right to an
equal relationship with both their mother and their father following relationship breakdown is
strongly resisted by the National Organization for Women (NOW) and other feminist organizations
who know that women will almost always win custody of children under the default laws. In
actual fact, men who can afford to purse legal remedies and challenge primary custody stand a
good chance of winning, because women do nothave the market cornered on loving or caring for
children. So while the law does not specifically indicate that custody will be awarded to
women, the defacto result of primary/tertiary caregiver custody law is that women have a legal
right to be assumed caregivers for children. Men do not.
5. Women have the right to call unwanted, coerced sex rape
The original FBI definition of rape specifically identified women as the victims, excluding the
possibility of male rape victims. When the FBI updated that, it did so in way that includes a small
minority of male rape victims but excluded most male rape victims by retaining the
penetration clause. Penetration of any orifice must occur for rape to have happened. The FBI
does collect another set of statistics though, under the category of other sexual assault its
the awkwardly named made to penetrate category, which includes men who were coerced,
tricked or bullied into penetrative sex with women they would otherwise not have had sex
with. The National Intimate Partner and Sexual Violence Survey similarly considers the two types
of assault separately, despite the fact that occurrences are virtually identical. 1.27M women
report rape (p.18) and 1.26M men report made to penetrate (p.19). By collecting the
information under separate categories, following the legal definitions, women have the right to
have their rapes called rape. Men do not.
Why does any of this matter? Feminism is under attack in the popular media for failing to
address real problems that have real consequences for real people. Despite insisting that
feminism cares for everyone, and wants equality for everyone, the facts suggest the opposite is
true. Women have more rights than men and those discrepancies need to be addressed. But
more importantly, gender is just one thing that defines who a person is, what advantages and
disadvantages they might have, what opportunities are in front of them, or foreclosed. Class,
wealth, race, ability, sexual orientation, ethnicity, religion all of these things have a profound
influence on individuals, and the only way to understand how a specific person can be helped or
hindered is to see that person as a human being, first and foremost. Perhaps the reason I dont
need feminism is because what I really need is humanism. And maybe you do, too.
List of Laws Protecting Women and Mothers
The principle of the common good challenges us to rise above the socioeconomic barriers
between Notre Dame and the many parts of the Northeast Neighborhood in order to strengthen
our human family and work together. The administration and student leaders of a Catholic
university such as Notre Dame have an obligation to help its students meet these
challenges.Students are the next-door neighbors of many of the Northeast Neighborhood
residents; they present an immediate and prominent face of the university to the Northeast
Neighborhood residents on a daily basis. If the university is committed to the promotion of the
common good, it needs also to be committed to solidarity between the students and the
surrounding neighborhoods.--Julie Davis, Jesse Flores and Brian Moscona; Christian Leadership,
THEO 273, April 2002
The Life and Dignity of the Human Person
We believe that the Gospel of Jesus Christ is a "Gospel of life." It invites all persons and societies
to a new life lived abundantly in respect for human dignity. (Living the Gospel of Life, para. 20)
Central to the principle of human dignity is the understanding that, every human being is created
in the image of God, redeemed by Jesus Christ, destined for union with God, and therefore
worthy of respect as a member of the human family.
We are called to respect all persons with the sense of awe that arises in the presence of all that
is sacred and holy. Our tradition teaches that every human person is sacred from conception to
death. We believe that those who are weak, vulnerable, or marginalized deserve special respect,
especially those who are unborn, disabled, elderly or dying. A key measure of every institution is
whether it threatens or enhances the life and dignity of the human person. One factor that
denies the inherent dignity of each person is discrimination in its many forms, such as that based
on race, gender or economic status.
This principle is not merely a prohibition against killing or harming life; rather, it calls us to
proclaim a new culture of life by revering life, loving life and fostering life at all stages. Drawing
our strength from Christ and following the example of Mary, we say yes to life in word and
deed. We say yes in gratitude and joy at the incomparable dignity of each human being that
impels us to share this message with everyone.
Stewardship and Care for Creation
Christian love forbids choosing between people and the planet. It urges us to work for an
equitable and sustainable future in which all peoples can share in the bounty of the earth and in
which the earth itself is protected from predatory use. The common good invites regions of the
country to share burdens equitablyIt also invites us to explore alternatives in which our poor
brothers and sisters will share with the rest of us in the banquet of life, at the same time that we
preserve and restore the earth, which sustains us. (Renew the Earth, Section 4, para.C)
There is a solidarity among all creatures arising from the fact that all have the same Creator and
are ordered to glory and worship of the Creator. Humanitys dominion over inanimate and other
living beings is not absolute; it is limited by concern for the quality of life of his or her neighbor,
including generations to come. As such, the steward is a manager, not an owner. Accordingly,
use of the mineral, vegetable and animal resources of the universe cannot be divorced from our
moral responsibilities. Our stewardship of the earth enables us to be participants in Gods act of
creating and sustaining the world.
Studies on the state of environmental justice in this country cite race as a predictor of who bears
a disproportionate burden of environmental degradation in the U.S. These studies state that,
African Americans, Native Americans, Latinos, Asians and Pacific Islanders are among the highly
vulnerable populations most susceptible to the injustices of racism, poverty, and environmental
degradation.
Likewise, the conditions of the poor are often closely connected to environmental issues. In
Sollicitudo Rei Socialis, Pope John Paul II argues that the direct or indirect result of
industrialization is frequently the pollution of the environment, which often has serious
consequences to the health and well-being of the poorest members of society. Moreover, the
overuse of natural resources by the West endangers their long and short-term availability,
especially for the poor. Authentic development seeks to make a preferential option for the poor in
the same way that it aims to care for creation.
Subsidiarity
One should not withdraw from individuals and commit to the community what they can
accomplish by their own enterprise and industry. So, too, it is an injustice and at the same time a
grave evil and a disturbance of right order to transfer to the larger and higher collectivity
functions which can be performed and provided for by lesser and subordinate bodies. For every
social activity should, by its very nature, prove a help to the members of the body social, it
should never destroy or absorb them.
(Quadragesimo anno, para. 79)
Regulating the movement from marginalization to participation for the sake of the common good
is the principle of subsidiarity. This principle warns about the tendency of the state and other
large scale institutions to usurp authority to control persons, thereby destroying individual liberty
and initiative. The notion of subsidiarity is that activities or functions ought to be accomplished
by the most local of smallest grouping possible, rather than be assumed by the larger groups or
collectivity. In Quadragesimo Anno, Pius XI explicitly makes the principle of subsidiarity the
guiding norm upon which the social order is to be restored. Just as it is gravely wrong to take
from individuals what they can accomplish by their own initiative and industry and give it to the
community, so also it is an injustice and at the same time a grave evil and disturbance of the
right order to assign to a greater or higher association what a lesser and subordinate
organizations can do.
The main effect of this principle is to limit the role of the state and other large scale institutions
while empowering local efforts. But those needs which cannot be effectively addressed at a local
level should be referred to at the next highest level of organization. This principle was initially
used to protect individuals and groups, but more recently it has been employed to define the
relationship between particular nation-states and worldwide public authorities.
The Correlation of Rights and Responsibilities
The attainment of the workers rights cannot be doomed to be merely a result of economic
systems which on a larger or smaller scale are guided chiefly by the criterion of maximization of
profit. On the contrary, it is respect of the objective rights of the worker every kind of worker:
manual or intellectual, industrial or agricultural, etc. that must constitute the adequate and
fundamental criterion for shaping the whole economy. (Laborem Exercens, para. 17) Human
dignity grounds and is protected by a spectrum of human rights and corresponding duties.
Society facilitates participation in all spheres of the social order through inter-related rights and
duties. Every person has the right to means that are necessary for the development of life: food,
clothing, shelter, rest, medical care and the necessary social services. Likewise, all citizens have
a duty to respect human rights and to fulfill their responsibilities to each other and to the larger
society. The primary duty is to live in solidarity, that is, a firm and persevering determination to
commit oneself to the common good.
It is important to see that all rights have a corresponding responsibility. Those, therefore, who
claim their own rights, yet altogether forget of neglect to carry out their respective duties, are
people who build with one hand and destroy with the other.
The political rights of all persons set limits on the state, such as the freedom of association and
freedom of speech. All persons have economic rights, as well, which set limits on market logic,
such as the right to work, a just wage, humane working conditions, and health care.
Related to rights and responsibilities is the dignity of work and the rights of workers. In an
economy where too often profits take precedence over the rights of workers, a moral analysis is
necessary. The economy must serve people, not the other way around. Work not only helps
people make a living, it is a continuing participation in Gods creation (Gen. 1:28, Matt. 6:25-34).
The basis for determining the value of human work is not primarily on the kind of work being
done but on the fact that the one doing it is a person.
The dignity of work is Three issues related to work are distinguishable: the dignity of work;
workers unions and cooperatives; and workers sharing the ownership of the means of
production. The dignity of work is safeguarded when workers rights are respected. Workers have
the strong support of the Church in forming and joining unions and worker associations of their
choosing in the exercise of their dignity and rights. The many proposals put forward by experts
in Catholic social teaching take on special significance: proposals for joint ownership of the
means of work, sharing by the workers in the management and/or profits of business. It is
clear that recognition of the proper positions of labor and the worker in the production process
demands various adaptations in the sphere of the right to ownership of the means of
production.
The Catholic social teachings provide a powerful argument for assisting Cambodians with AIDS in
this globalized, capitalistic society. Perhaps the vision statement for the Maryknoll Mission
Association of the Faithful best encapsulates the theological reflection presented here: We strive
with (the poor, marginalized and oppressed peoples of the earth) for justice, peace and fullness
of life. We celebrate the holiness of everyday life and even amidst sin, suffering, and death, we
proclaim the hope of resurrection. Our status as human beings and creatures of God gives each
individual an inherent dignity that must be preserved. AIDS is not a moral punishment by God,
but another example of suffering on earth in which God and Christians can find solidarity in
brokenness.-- Amy Braun, The Cambodian AIDS Epidemic and the Global Community, THEO 274,
2001.