Answer 1: Always present in Religion and traditional values Answer 2: The Enlightenment (Rights of Man constitutions) Answer 3: 1948 UDHR
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What was the historical context?
Pre WWII: -League of Nations Minority Treaties -International Laws on slavery, trafficking, torture, refugees. Constitutions WWII: Roosevelt’s 4 freedoms
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Does UN Charter's purposes mention human rights?
promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; [Art 1.2]
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Who is this?
Eleanor Roosevelt
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Who is this?
Pen Chung Chang, law professor and diplomat (China)
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Who is this?
Charles Malik, professor of philosophy (Lebanon)
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What countries were in the drafting committee?
Canada, China, Lebanon, Australia, France, USA, USSR, Chile, Philippines, Egypt, & India
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Is it a declaration or treaty? Binding or non-binding?
declaration, non-binding
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What are some peremptory norm, non derogable or jus cogens human rights?
right to life, freedom from torture, slavery, retrospective criminal laws, equal recognition, freedom of thought, conscience and religion (+?)
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Name any human rights in the UDHR.
ok ;)
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What is the legal status of UDHR?
UN Charter, jus cogens, not signed and ratified, articles in the UDHR do not clearly define the legal aspect of the rights.
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Which articles permit limitations?
Article 29, rights and freedoms of others, just requirements of morality, public order and the general welfare, Art 30: can’t use rights to justify violations