Conflict, ‘terrorism’ and non-state actors

International Human Rights Law is supposed to operate at all times. However, during war/conflict it is often suspended to address an ‘emergency’. International Humanitarian Law attempts to deal with human rights protections during the specific circumstances of war. However, what happens when states refuse to recognise a conflict situation as a ‘war’? In a world where violent conflict increasingly involves non-state actors, where does that leave existing international human rights’ mechanisms? This chapter looks at the changing forms of conflict globally and the development of what has been termed ‘terrorism’. It critically assesses the concept of ‘terrorism’ and discusses the difficulties it poses for social science, universal human rights and the development of equality, stability and global peace.

Migration and refugees: applying human rights to ‘everyone’?

Chapter 10 critically assesses the role of international human rights protections in promoting the rights of migrants and refugees in the context of globalisation, continuing global socio-economic inequalities and global conflict. While the whole concept of human rights rests on humanitarianism and not citizenship, international human rights mechanisms, such as the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), have often allowed states to apply restricted rights to non-citizens and while the UN Migrant Worker Convention exists, it remains the only core UN human rights instrument not to receive widespread ratification. This chapter discusses some of the issues which prevent the establishment of universal human rights protections for migrants and refugees, and how such protections have often been limited by a range of economic, political and security considerations along with prejudicial attitudes in potential host countries.

The rights of people with disabilities

This chapter assesses the role of the UN Convention on the Rights of People with Disabilities (CRPD) in driving law and policy reform globally relating to the rights of people with disabilities. By ratifying the CRPD states promise to adopt proactive equality norms and provide positive supports for persons with disabilities. They are also required to involve people with disabilities in the enforcement and implementation of the CRPD. It is thus a valuable tool for those advocating for the realisation of the rights of persons with disabilities that they be treated on an equal basis with others and fully included in society. The potential of the CRPD as a tool for social policy reforms is illustrated with reference to its use to impact EU policy to accelerate the de-institutionalisation and de-segregation of persons with disabilities across the EU.

The right to education

Chapter 14 critically analyses the idea of education as a universal human right. It outlines existing international human rights mechanisms relevant to education as a right and critically assesses their ability to make that right a reality in a diverse world with different levels of ‘peace’, stability, conflict, cultural and socio-economic contexts. While recognising that the right to education includes all people regardless of age, the chapter mainly focuses on education as a right for children and, in particular, how the right to education for children in developing countries can be affected by violent conflict. In this regard, the work of UNESCO and the influence of Convention on the Rights of the Child (CRC) are assessed along with a range of other rights mechanisms.

The right to healthcare

This chapter explores the relationship between human rights and health and social care. It begins by setting out the main international mechanisms, at UN, EU and ECHR levels, and the obligations they place on governments. It then discusses the impact of international and domestic human rights instruments through an examination of developments in social care policy, and with regard to reproductive health care rights in Northern Ireland. It also highlights issues relating to devolution and the implementation of human rights in the UK and in particular the role of the Human Rights Act (1998).

Cultural rights

Chapter 9 provides a critical perspective on the development of cultural, religious and linguistic rights and in particular the treatment of cultural, religious and linguistic minorities. Since violations of cultural rights give rise to tensions and conflicts - one of the principal causes of violence, wars and terrorism globally - they require special protection. A large number of international human rights instruments exist to protect cultural life including the International Covenant on Economic, Social and Cultural Rights (ICESCR) as well as regional and domestic law. However, while the concept of a universal right to culture and cultural expression may exist, this is often challenged by cultural relativism, clashes of rights, the vagueness often associated with international rights mechanisms relating to culture, its definition and difficulties in justiciability.

Conclusion Human rights in a brave new world: the shape of things to come?

This chapter explores the political context of human rights and how it is shaping the future. It argues that human rights constitute the very substance of democracy by conferring a universal set of rights on the citizen, arguing that Hannah Arendt’s famous phrase ‘the right to have rights’ defines the complex relationship between democracy, human rights and civil society. It discusses how human rights embracing both individual liberty and social justice have been historically contested and critically assesses the state of human rights in today’s world along with the potential threats and opportunities for human rights development into the future. The chapter concludes by arguing that the restoration of a universal welfare state, as the embodiment of human rights in a globalised world, arguably should be the priority for the future of democracy in the twenty-first century.

Introduction

The Introduction, outlines the concepts and ideas contained in the book, showing how the development of universal human rights and international oversight since World War Two has led to profound global changes in thinking about social policy and global development. It argues that geo-political tensions, conflicts, continuing global inequalities, and the struggles of people around the world whose rights have been denied, have all influenced understandings of rights and state responsibilities. In essence, the formulation, interpretation, realisation and enforcement of international human rights are sites of continuing struggle. It shows how the book is organised around a range of different themes relating to international human rights, their application and influence on social policy development, with 20 chapters in three different sections, ‘International Human Rights: Context’, ‘Key Issues for Universal Human Rights-Based Approaches’, ‘Human Rights Approaches to Social Policy Development’.

Socio-economic rights

Chapter 8 provides a critical analysis of some of the difficulties experienced in attempting to promote the development of universal social and economic rights. It discusses the importance of ideology, human agency and power in the historical development of concepts of socio-economic rights in nation-states and then in international human rights mechanisms such as the International Covenant on Economic, Social and Cultural Rights (ICESCR). It also discusses contemporary attempts by NGOs and other campaigning organisations to develop internationally agreed sustainable development goals (SDGs) and to promote the recognition and realisation of universal socio-economic rights globally.

The European Union and human rights

Chapter 4 provides a critical perspective on the development of the EU in the Cold War period, the ideological tensions underpinning its operation and its increasing influence on the development of concepts of human rights and their reflection in EU social policy. Issues covered include the tensions between human rights and EU’s ‘pooled sovereignty’, economic, foreign, and migration policies. It discusses the EU Charter of Fundamental Rights and the European Pillar of Social Rights, the challenges posed by neoliberalist concepts of ‘free trade’ ‘competition’ and ‘privatisation’. Finally, it looks at the challenges facing the EU as a result of a range of global situations – the banking crisis, refugees fleeing ongoing conflict, migration and globalisation, global inequalities in trade and wealth and global insecurity.