"Human Rights" is generally understood as the inherent and fundamental rights of human beings that every individual should enjoy. It has a universal character and a deep interrelationship with peace, as is clearly stated in the UN Charter (1945) and...
"Human Rights" is generally understood as the inherent and fundamental rights of human beings that every individual should enjoy. It has a universal character and a deep interrelationship with peace, as is clearly stated in the UN Charter (1945) and in the Universal Declaration of Human Rights (1948).
Consciousness and concern for human rights has been addressed and developed in the West since medieval times, and the terminology of human rights has been used around 200 years. However the concept of human rights was presented by Confucius about 2,500 years ago in the Orient, and was adopted in school and public education at that time.
Human rights became a major issue of humanity due to the holocaust and other horrific events that occurred during W.W.II. The concept of human rights has evolved significantly through much deliberation and debate within the newly founded United Nations (UN). The three important documents framed by the General Assembly of the UN were the Universal Declaration of Human Rights (1948), the International Covenant on Economic, Social and Cultural Rights (rights to society : Covenant A) and International Covenant on Civil and Political Rights(rights to freedom : Coveanant B)(1966).
However, there have been limitations in the improvement of human rights because of heightened debates on methods of approach, long-lasting conflicts during the Cold War period (1945-1991) between East and West, as well as habitual human rights infringements in the non-democratic countries and different interests between countries concerned. Major controversial issues are the arguments between :
1) Universality and cultural relativity of human rights.
2) Attaching importance to 'civil, political rights (rights to freedom : Covenant B)' and to 'economic, social and cultural rights (rights to society : Covenant A)'.
3) Asserting the justification for outside interference and of non-interference (national sovereignty, domestic affairs).
4) Common ideology of humanity and western European oriented ideology regarding human rights.
The latter parts of each issue have been asserted and supported by socialist countries, developing countries, especially autocratic countries until today. As a result, even after the Cold War, many cases of human rights infringements are still occurring in various parts of the world, mostly under autocratic regimes.
As time passes by, the justifications of non-democratic or autocratic countries have been weakening from the wide-spread awareness of human rights in the international community through reinforcement of human rights activities by UN/EU/NATO. As a result cross-boundary human right activities are taking place everywhere. Therefore the previous assertion that human rights issues are solely subject to national sovereignty have been gradually obliterated.
In order to be able to see improvements in the human rights situation, these rights had to be codified and internationalized due to the risk of infringement by dictators and unsavory regimes. International Human Rights organizations have achieved substantial advancement in this field thus far. The first advancement in this vein was when the UN Security Council classified the atrocities occurring in the former Yugoslav states, Rwanda and Sudan as direct violations of the Universal Declaration of Human Rights and 'menace to peace' situations. As a result the Security Council approved some military and/or non-military measures in these areas since the early 1990s. The second step forward was when the UN upgraded its Commission on Human Rights to Human Rights Council in 2006. Included along with this was the establishment of a Universal Periodic Review (UPR), which appraises the human rights situations within all UN Member States every four years. Third, the UN founded the International Criminal Court (ICC) in 2002. These UN institutions contributed greatly to the internationalization of human rights, thus rising above the "Principle of non-intervention of domestic affairs" originally stated in UN Charter (Article 2-7).
On the other hand, there is a new tendency called the "Theory of responsibility to protect" meaning that the international community should intervene compulsorily to stop human right violations, such as ethnic cleansing or genocide, and allow humanitarian intervention for the democratization of autocratic regimes. Furthermore, there have been arguments for shifting from “human security” to “human sovereignty” thereby diminishing the role of “state sovereignty.” These discussions are now only in their seminal stages, therefore their efficacy is inconclusive.
Nevertheless, countries which violate human rights often totally refuse or partially and or nominally accept the related resolutions of the UN organs and the international community. Unfortunately, one of the most exemplary cases is North Korea.
Today, North Korea is one of the worst human rights violators in the world. The UN Human Rights Council pointed out that severe human rights violations in the DPRK are systematic and pervasive (2010. 3. 25). North Korea’s human rights abuses are not recent. They have been a constant for more than sixty years since the division of the Korean peninsula. Moreover, North Korea has been violating major UN human rights instruments which they acceded to. Furthermore, the government has been classifying people in three stratums and 51 classes to discriminate and is applying a guilty-by-association system to punish offenders and their families by imprisoning them into political concentration camps.
However, the North Korean government has been denying the existence of such facilities and insisting that “human rights problems violations have never occurred in North Korea.” They are also ignoring and refusing the critiques and recommendations (or resolutions) of the UN human rights policies 13 times all together since 2003.
In order to improve the North Korean human rights situation by peaceful means, there is a need for strengthened 'Guiding Roles' of the human rights policies implemented by the international community. Such roles of the international human rights policies would be the most practical method and it could serve to put pressure on North Korea to uphold their duties in implementing the accords they’ve already signed.
Therefore, the international community should promote the consciousness of human rights and strengthen both its structures and guiding roles. Then human rights violating countries like North Korea would not fail to honor the international human rights policies.
This thesis aims at focusing on the universal values of human dignity and human rights. It also reviews current human rights policies of the international community including the UN. Additionally it highlights the human rights situation in North Korea which is known today as one of the worst human rights abusers. In order to contribute to stopping such on-going violations, we must pursue and strengthen the guiding roles of the international community for the purpose of introducing human rights into North Korea.