Indivisible Human Rights: A History (Pennsylvania Studies in Human Rights)

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9780812242409: Indivisible Human Rights: A History (Pennsylvania Studies in Human Rights)

Human rights activists frequently claim that human rights are indivisible, and the United Nations has declared the indivisibility, interdependency, and interrelatedness of these rights to be beyond dispute. Yet in practice a significant divide remains between the two grand categories of human rights: civil and political rights, on the one hand, and economic, social, and cultural rights on the other. To date, few scholars have critically examined how the notion of indivisibility has shaped the complex relationship between these two sets of rights.

In Indivisible Human Rights, Daniel J. Whelan offers a carefully crafted account of the rhetoric of indivisibility. Whelan traces the political and historical development of the concept, which originated in the contentious debates surrounding the translation of the Universal Declaration of Human Rights into binding treaty law as two separate Covenants on Human Rights. In the 1960s and 1970s, Whelan demonstrates, postcolonial states employed a revisionist rhetoric of indivisibility to elevate economic and social rights over civil and political rights, eventually resulting in the declaration of a right to development. By the 1990s, the rhetoric of indivisibility had shifted to emphasize restoration of the fundamental unity of human rights and reaffirm the obligation of states to uphold both major human rights categories—thus opening the door to charges of violations resulting from underdevelopment and poverty.

As Indivisible Human Rights illustrates, the rhetoric of indivisibility has frequently been used to further political ends that have little to do with promoting the rights of the individual. Drawing on scores of original documents, many of them long forgotten, Whelan lets the players in this drama speak for themselves, revealing the conflicts and compromises behind a half century of human rights discourse. Indivisible Human Rights will be welcomed by scholars and practitioners seeking a deeper understanding of the complexities surrounding the realization of human rights.

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About the Author:

Daniel J. Whelan teaches politics and international relations at Hendrix College.

Excerpt. © Reprinted by permission. All rights reserved.:

Chapter 1
Indivisible, Interdependent, and Interrelated Human Rights

It is often said that all human rights are "indivisible, interdependent, and interrelated." This tripartite formulation is taken as given. In recent years, the United Nations has boldly declared that the indivisibility, interdependency, and interrelatedness of human rights is "beyond dispute." This is an interesting claim, considering that this book explores the unsettled and contested nature of the indivisibility of especially the two grand categories of civil and political, and economic, social, and cultural rights. Even if indivisibility is not beyond dispute, many continue to ascribe indivisibility, interdependency, and interrelatedness to the nature or character of contemporary human rights, as if this were entirely self-evident. For the U.N. as well as others, declaring the matter settled should prompt us to inquire: What was settled? How was it settled?

When used to describe the qualities or characteristics of human rights, the adjectives "indivisible," "interrelated," and "interdependent" usually come as a package (along with "universal"), or the separate words are used interchangeably. This is widely reflected in the scholarly literature, writings of human rights advocates and practitioners, and authoritative interpretations especially surrounding the content and obligations of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Craig Scott urges us not to pay too much attention to semantics when we consider the different meanings that the terms "indivisible," "interdependent," and "interrelated" may convey. I think we should ignore this advice, because a great deal of confusion persists about what these adjectives tell us about human rights. While the statement "human rights are indivisible, interdependent, and interrelated" seems to be the answer to a question, it is unclear what that question is. Do these adjectives say something about how human rights function, or what they mean conceptually? Do they tell us something about the historical development of contemporary human rights? Do they say something about the politics of human rights? Do these adjectives convey real meaning, or are they merely symbolic?

I liken the package of indivisible, interdependent, and interrelated human rights to the box of wires in my closet. I need an extension cord, so I go to my box, and hunt for one. I find one, but upon attempting to retrieve it, I pull up a mass of wires: my extension cord is intertwined with telephone cords, TV cable, speaker wires, audio cables, other extension cords, and a surge protector. After struggling to free my extension cord, I throw the tangled mass back into the box, thinking to myself that I really should clean up that mess sometime soon. This book attempts to undertake just such a task and bring some sense of clarity to the box of wires that is indivisible, interdependent, and interrelated human rights.

The first thing we can say with some confidence is that these concepts are centrally concerned about the relationships between the two grand categories of civil and political, and economic, social, and cultural rights. Even more than that, these adjectives are used most often in relation to the status, importance, or equality of economic and social rights vis-à-vis civil and political rights. Interestingly enough, while the terms "interdependent" and "interconnected" were used (but not often) during to the drafting of the 1948 Universal Declaration of Human Rights, the word "indivisible" was not. That term first emerged in the early 1950s, during the most fascinating period in the normative development of contemporary human rights at the U.N.—the drafting of first one, then the two Covenants on Human Rights that together with the Universal Declaration make up the International Bill of Rights. During those debates, the concept of indivisibility underwent a subtle but important transformation. While it began as a strong descriptive adjective relating to the fundamental unity of the rights in the Universal Declaration, it quickly became a rhetoric for postcolonial aspirations. That rhetoric deepened during the 1960s and 1970s, when it was deployed as a revisionist view of human rights, prioritizing economic, social, and cultural rights over civil and political rights, indispensable and inextricably linked to a variety of agendas of great importance to the developing world. Not until the 1990s did the rhetoric of indivisibility shift again. It was recast to include interdependency and interrelatedness in a rhetoric of restoration of the spirit of the fundamental unity (or, some might say, organic unity) of the rights contained in the 1948 Universal Declaration of Human Rights. I say "underlying" because the Universal Declaration barely categorizes rights and says not a word about fundamental or organic unity, indivisibility, interdependency, or interrelatedness.

DEFINITIONS

Words can convey meaning, or they can be used to obscure. How might one begin to define these terms? Oddly enough, the U.N. itself has never actually defined indivisibility, interdependency, or interrelatedness (perhaps we should not be surprised—after all, this is "beyond dispute"!). But we should start somewhere. I begin with the premise that these adjectives actually do convey some distinct meanings about human rights. I would like to first separate "interdependent" and "interrelated" from "indivisible." The prefix "inter-" means "between," whereas "in-" means "not." I begin first with (inter)dependency and (inter)relatedness, and then turn to (in)divisibility.

Interdependent Rights

This is perhaps the least problematic aspect of our tripartite formulation. In the legal and policy-oriented literature on human rights, it predominates. To say that rights are interdependent despite their distinctiveness as particular rights means that the enjoyment of any right or group of rights requires enjoyment of others—which may or may not be part of the same category. For example, freedom of movement (a civil right) is a necessary precondition for the exercise of other civil rights (such as freedom of assembly), political rights (e.g., the right to vote), economic rights (the right to work, for example), and so forth. The language of interdependency accepts division and categorization and does not seek to overcome or ameliorate it. It takes rights as they are categorized. It is, in this sense, transcendent of categories. And despite the fact that these relationships may actually be dependent (not interdependent), we still speak of interdependency.

Some interesting conceptual work demonstrating the interdependencies between rights has sought to demonstrate the importance of supporting relationships between rights, as an instance of a grander, overall epistemology of human rights. However, as James Nickel has recently noted, "Looking at relations between particular rights is illuminating and cannot be avoided, but fully realizing this perspective requires much tedious work. If there are 40 particular human rights then combining them in pairs will yield 1560 places where supporting relations may exist. Maximal penetration comes at the cost of great complication."

What Nickel offers instead is an account of what he calls indivisibility (but which I would call interdependency) that is based on looking at families of rights, rather than individual rights and their interdependencies. The interdependence of human rights is, to my mind, relatively unproblematic, if we assume that a right to something or to be free from something is, as a right, justiciable. It becomes more problematic when one or more of the rights that are thought to be interdependent are not necessarily justiciable.

Interrelated Rights

That rights are interrelated means that they are brought into a situation of mutual relationship or connectedness (indeed, early UN resolutions used the term "interconnected" instead of "interrelated"). Whereas interdependency is best suited for looking at relationships between particular rights or clusters of rights, interrelatedness has more purchase between broader categories or families of rights, as they are enumerated and expressed in multilateral treaties with a variety of monitoring institutions attached to them. One author describes interrelatedness (although he uses the term "interdependence") as permeability between categories of rights. Relatedness suggests familiarity; thus the grand categories of human rights may be thought of as interrelated insofar as their legal foundations (like the Covenants) are similar. As part of the compromise in the early 1950s over the Covenants, for example, René Cassin of France insisted that the two covenants have "as many similar provisions as possible." Thus one notices the identical preambles of the two Covenants and the inclusion of a right to self-determination in both instruments. Thus, human rights can be said to be interrelated insofar as they share common characteristics—their provenance from U.N. bodies, their legal character as treaties, that state limitations and obligations are expressed or implied, and so forth.

A significant portion of the "indivisibility and interdependence" literature of the late 1980s and 1990s emerged to explore what I am calling here the question of interrelatedness. Among the key differences between the International Covenant on Civil and Political Rights (ICCPR) and the ICESCR are the implementation and reporting obligations of states, the scope of monitoring authority held by the oversight committees for each, and the competency of those committees and other U.N. bodies to handle complaints. This literature emerged as a result of the creation of a formal committee to oversee the implementation of the ICESCR, with similar powers and responsibilities as those of the Human Rights Committee, which monitors states-parties implementation of the ICCPR. This was an important step in the evolution of the international law of economic, social, and cultural rights, the monitoring of which would now be under the direction of an international body with international-legal characteristics. Most of this emerging literature was focused primarily on establishing and strengthening the claim that economic, social, and cultural rights were rights in the same sense as civil and political rights (i.e., that their recognition, protection, and promotion are properly the subject of international law), and that while the obligations on states-parties to the ICESCR are different from those to the ICCPR, they are obligations nonetheless. Philip Alston, who was the first Chairperson of the Committee, wrote that although the concept of economic, social, and cultural rights—as well as human rights generally—had generated controversy among philosophers for some time, the controversy should have been put to rest by the adoption of these legally binding treaties in 1966.

The literature analyzing state obligations created by the ICESCR was necessary in order to then make comparisons with the obligations within the ICCPR—obligations that were never really disputed because they were considered widely to have immediate effect. Much of the focus of this literature has been interpretive, especially of the implementation clause (Article 2 (1)) of the ICESCR, which reads: "Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures."

The sheer volume of material written about this one paragraph reflects the extent to which it is open to a wide range of interpretations on the part of states. Due to the pervasive assumption that economic, social, and cultural rights require direct provision of resources by the state, one writer noted that the "maximum available resources" clause causes immense confusion: "It is a difficult phrase—two warring adjectives describing an undefined noun. 'Maximum' stands for idealism; 'available' stands for reality. 'Maximum' is the sword of human rights rhetoric; 'available' is the wiggle room for the state." Scholars and advocates have devoted equal attention to exploring and interpreting the meaning of "taking steps"; the role of (especially technical) cooperation; "progressive achievement"; and the content of "all appropriate means." The aim of this literature is to demonstrate that economic, social, and cultural rights are really rights. Thus, the language of interrelatedness demonstrates equality of importance or legitimacy of economic, social, and cultural rights in relation to civil and political rights.

The concept of interrelatedness, in my view, is really about how human rights have been expressed institutionally. This is most evident in the evolution of institutions to promote economic, social, and cultural rights that are similar to those for civil and political rights, despite the differences between the two different regimes. The latest development in this evolution is the U.N. General Assembly's adoption, after nearly twenty years of advocacy and negotiation, of an Optional Protocol to the ICESCR that will allow the Committee on Economic, Social and Cultural Rights to adjudicate state-to-state complaints, receive individual and collective complaints, and initiate inquiries into alleged violations of the Covenant. This move toward greater institutional interrelatedness, in the minds of many advocates, has symbolic value as well, bringing economic, social and cultural rights one step closer to indivisibility of the two grand categories of human rights.

THE RHETORIC OF INDIVISIBILITY

We are left now with indivisibility—the meaning of which in this tripartite formulation is the most difficult to pin down, because it carries significant conceptual and symbolic weight. The word itself—meaning "incapable of being divided, in reality or thought"—conjures powerful symbolic imagery—or even articles of faith. Consider Catholics' belief in the indivisibility of the Holy Trinity—God the Father, the Son, and the Holy Spirit. The American pledge of allegiance declares that Americans constitute "one nation...indivisible." For Hobbes, the awesomeness of the sovereign emanated from the indivisibility of his sovereignty. While the words "interdependent" and "interrelated" suggest the bringing together of two or more things into a mutual harmony, they still acknowledge separateness. If something is indivisible, dividing that thing renders it impotent. The claim that the two grand categories of human rights are indivisible—which is the subject of this book—carries no less symbolic meaning. But this powerful rhetoric has shifted and evolved over time.

The rhetoric of indivisibility first emerged during the late 1940s and early 1950s, when the United Nations was engaged in deeply serious debates about how to codify the rights (expressed as principles) contained in the Universal Declaration of Human Rights into binding international law. At first, it was the intention of the U.N. Commission on Human Rights to...

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Descrizione libro University of Pennsylvania Press, United States, 2010. Hardback. Condizione libro: New. Language: English . Brand New Book. Human rights activists frequently claim that human rights are indivisible, and the United Nations has declared the indivisibility, interdependency, and interrelatedness of these rights to be beyond dispute. Yet in practice a significant divide remains between the two grand categories of human rights: civil and political rights, on the one hand, and economic, social, and cultural rights on the other. To date, few scholars have critically examined how the notion of indivisibility has shaped the complex relationship between these two sets of rights. In Indivisible Human Rights, Daniel J. Whelan offers a carefully crafted account of the rhetoric of indivisibility. Whelan traces the political and historical development of the concept, which originated in the contentious debates surrounding the translation of the Universal Declaration of Human Rights into binding treaty law as two separate Covenants on Human Rights. In the 1960s and 1970s, Whelan demonstrates, postcolonial states employed a revisionist rhetoric of indivisibility to elevate economic and social rights over civil and political rights, eventually resulting in the declaration of a right to development. By the 1990s, the rhetoric of indivisibility had shifted to emphasize restoration of the fundamental unity of human rights and reaffirm the obligation of states to uphold both major human rights categories-thus opening the door to charges of violations resulting from underdevelopment and poverty. As Indivisible Human Rights illustrates, the rhetoric of indivisibility has frequently been used to further political ends that have little to do with promoting the rights of the individual. Drawing on scores of original documents, many of them long forgotten, Whelan lets the players in this drama speak for themselves, revealing the conflicts and compromises behind a half century of human rights discourse. Indivisible Human Rights will be welcomed by scholars and practitioners seeking a deeper understanding of the complexities surrounding the realization of human rights. Codice libro della libreria AAJ9780812242409

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Descrizione libro University of Pennsylvania Press, United States, 2010. Hardback. Condizione libro: New. Language: English . Brand New Book. Human rights activists frequently claim that human rights are indivisible, and the United Nations has declared the indivisibility, interdependency, and interrelatedness of these rights to be beyond dispute. Yet in practice a significant divide remains between the two grand categories of human rights: civil and political rights, on the one hand, and economic, social, and cultural rights on the other. To date, few scholars have critically examined how the notion of indivisibility has shaped the complex relationship between these two sets of rights. In Indivisible Human Rights, Daniel J. Whelan offers a carefully crafted account of the rhetoric of indivisibility. Whelan traces the political and historical development of the concept, which originated in the contentious debates surrounding the translation of the Universal Declaration of Human Rights into binding treaty law as two separate Covenants on Human Rights. In the 1960s and 1970s, Whelan demonstrates, postcolonial states employed a revisionist rhetoric of indivisibility to elevate economic and social rights over civil and political rights, eventually resulting in the declaration of a right to development. By the 1990s, the rhetoric of indivisibility had shifted to emphasize restoration of the fundamental unity of human rights and reaffirm the obligation of states to uphold both major human rights categories-thus opening the door to charges of violations resulting from underdevelopment and poverty. As Indivisible Human Rights illustrates, the rhetoric of indivisibility has frequently been used to further political ends that have little to do with promoting the rights of the individual. Drawing on scores of original documents, many of them long forgotten, Whelan lets the players in this drama speak for themselves, revealing the conflicts and compromises behind a half century of human rights discourse. Indivisible Human Rights will be welcomed by scholars and practitioners seeking a deeper understanding of the complexities surrounding the realization of human rights. Codice libro della libreria AAJ9780812242409

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Descrizione libro University of Pennsylvania Press, United States, 2010. Hardback. Condizione libro: New. Language: English . This book usually ship within 10-15 business days and we will endeavor to dispatch orders quicker than this where possible. Brand New Book. Human rights activists frequently claim that human rights are indivisible, and the United Nations has declared the indivisibility, interdependency, and interrelatedness of these rights to be beyond dispute. Yet in practice a significant divide remains between the two grand categories of human rights: civil and political rights, on the one hand, and economic, social, and cultural rights on the other. To date, few scholars have critically examined how the notion of indivisibility has shaped the complex relationship between these two sets of rights. In Indivisible Human Rights, Daniel J. Whelan offers a carefully crafted account of the rhetoric of indivisibility. Whelan traces the political and historical development of the concept, which originated in the contentious debates surrounding the translation of the Universal Declaration of Human Rights into binding treaty law as two separate Covenants on Human Rights. In the 1960s and 1970s, Whelan demonstrates, postcolonial states employed a revisionist rhetoric of indivisibility to elevate economic and social rights over civil and political rights, eventually resulting in the declaration of a right to development. By the 1990s, the rhetoric of indivisibility had shifted to emphasize restoration of the fundamental unity of human rights and reaffirm the obligation of states to uphold both major human rights categories-thus opening the door to charges of violations resulting from underdevelopment and poverty. As Indivisible Human Rights illustrates, the rhetoric of indivisibility has frequently been used to further political ends that have little to do with promoting the rights of the individual. Drawing on scores of original documents, many of them long forgotten, Whelan lets the players in this drama speak for themselves, revealing the conflicts and compromises behind a half century of human rights discourse. Indivisible Human Rights will be welcomed by scholars and practitioners seeking a deeper understanding of the complexities surrounding the realization of human rights. Codice libro della libreria BTE9780812242409

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