Reference no: EM13910482

Are human rights incontrovertible?

Discuss the problem of the hierarchy of rights by providing at least TWO clear examples of the conflict of rights. One example can be from the textbook or my lectures, but the other should be your own. You can provide an example from the real world or you can simply invent an imaginary case.

To find your example, you can consult:

- List of International HR (eg., International Bill of Rights) on Culearn
- Canadian Human Rights Tribunal on Culearn
- O'Byrne's appendix with UDHR and Covenant on Civil and Political rights, pp. 398-425, and his chapters on censorship and torture
- Or do research and find examples in newspapers, magazines, articles, etc

Structure of the paper:

1) Introduction

Introduce your paper by briefly discussing the difference between universality and incontrovertibility of human rights. Define both properties of human rights and explain why universality does not require incontrovertibility, that is, why are they not the same. Summarize the key problems related to each property. Do not go into any details; just briefly explain the main problems related to universality and incontrovertibility of human rights (see O'Byrne, pp 26-27; 37-49).

2) The text

Here first discuss in more details the claim of incontrovertibility of human rights and both problems associated with it, especially the problem of the hierarchy of rights. Provide two examples of the conflict of rights and make it clear which rights are in conflict and why. Then, try to solve both examples of conflicts of rights by devising your own hierarchy of rights: which of the rights in conflict are more important to you? Explain why.

2) Conclusion

Conclude your paper by answering the question of whether human rights are incontrovertible or not. Explain how your own examples and proposed solutions for the two conflicts support your conclusion regarding the claim of incontrovertibility. Justify your position/solution. What hierarchy of rights (if any) do you advocate? Why? If you can't take any position, you must explain why you can't find any solution for your conflicts of rights.

Choose ONE human rights violation/issue/topic from O'Byrne's textbook and explain why you are most interested in this particular subject matter. Why this issue fascinates or terrifies you? What is so important or interesting for you and why?

You must have at least two additional sources of information besides the textbook! You can use academic books and articles, newspapers, magazines, or any of the documentary films shown in class (or any other source or film if credible).

You can choose any civil or political human rights abuse or issue, for example, torture, genocide, slavery, censorship, death penalty, political prisoners, refugees, and so on. The main purpose is to stimulate you in finding your interest in some particular topic related to civil and political rights - for ideas, see O'Byrne's appendix on International Covenant on Civil and Political Rights (ICCPR).

N.B. Note that more sources you have, a stronger paper will be - minimal requirement is three, but strong papers should have five or more sources. Also, cite or summarize the pertinent articles from ICCPR to strengthen your discussion.

TIPS: You should SUMMARIZE one human rights topic/issue/abuse and explain your interest in it and your position about it (ie., explain why you believe this is so important and/or why you chose it). You don't need a thesis statement, but you should argue for your position, that is, you should transform your personal opinion into an academic argument. For example, do not just state that torture is bad and/or a wrong thing to do, but provide good reasons for such claim - make an argument about it.