In political science, legitimacy is the right and acceptance of an authority a governing law or a régime. Whereas "authority" denotes a specific position in an established government, the term "legitimacy" denotes a system of government—wherein "government" denotes "sphere of influence". An authority viewed as legitimate has the right and justification to exercise power. Political legitimacy is considered a basic condition for governing, without which a government will suffer legislative deadlock and collapse. In political systems where this is not the case, unpopular régimes survive because they are considered legitimate by a small, influential élite. In Chinese political philosophy, since the historical period of the Zhou Dynasty, the political legitimacy of a ruler and government was derived from the Mandate of Heaven, unjust rulers who lost said mandate therefore lost the right to rule the people. In moral philosophy, the term "legitimacy" is positively interpreted as the normative status conferred by a governed people upon their governors' institutions and actions, based upon the belief that their government's actions are appropriate uses of power by a constituted government.
The Enlightenment-era British social philosopher John Locke said that political legitimacy derives from popular explicit and implicit consent of the governed: "The argument of the Treatise is that the government is not legitimate unless it is carried on with the consent of the governed." The German political philosopher Dolf Sternberger said that "egitimacy is the foundation of such governmental power as is exercised, both with a consciousness on the government's part that it has a right to govern, with some recognition by the governed of that right". The American political sociologist Seymour Martin Lipset said that legitimacy "involves the capacity of a political system to engender and maintain the belief that existing political institutions are the most appropriate and proper ones for the society"; the American political scientist Robert A. Dahl explained legitimacy as a reservoir: so long as the water is at a given level, political stability is maintained, if it falls below the required level, political legitimacy is endangered.
Legitimacy is "a value whereby something or someone is recognized and accepted as right and proper". In political science, legitimacy is understood as the popular acceptance and recognition by the public of the authority of a governing régime, whereby authority has political power through consent and mutual understandings, not coercion; the three types of political legitimacy described by German sociologist Max Weber are traditional and rational-legal: Traditional legitimacy derives from societal custom and habit that emphasize the history of the authority of tradition. Traditionalists understand this form of rule as accepted, hence its continuity, because it is the way society has always been. Therefore, the institutions of traditional government are continuous, as in monarchy and tribalism. Charismatic legitimacy derives from the ideas and personal charisma of the leader, a person whose authoritative persona charms and psychologically dominates the people of the society to agreement with the government's régime and rule.
A charismatic government features weak political and administrative institutions, because they derive authority from the persona of the leader, disappear without the leader in power. However, if the charismatic leader has a successor, a government derived from charismatic legitimacy might continue. Rational-legal legitimacy derives from a system of institutional procedure, wherein government institutions establish and enforce law and order in the public interest. Therefore, it is through public trust that the government will abide the law that confers rational-legal legitimacy. In a theocracy, government legitimacy derives from the spiritual authority of a goddess. In ancient Egypt, the legitimacy of the dominion of a Pharaoh was theologically established by doctrine that posited the pharaoh as the Egyptian patron god Horus, son of Osiris. In the Roman Catholic Church, the priesthood derives its legitimacy from a divine source; the political legitimacy of a civil government derives from agreement among the autonomous constituent institutions—legislative, executive—combined for the national common good.
One way civil society grants. There are those who refute the legitimacy offered by public elections, pointing out that the amount of legitimacy public elections can grant depends on the electoral system conducting the elections. In the United States this issue has surfaced around how voting is impacted by gerrymandering and the repeal of part of the Voting Rights Act in 2013. Another challenge to the political legitimacy offered by elections is whether or not marginalized groups such as women or those who are incarcerated are allowed to vote. Civil legitimacy can be granted through different measures for accountability than voting, such as financial transparency and stake-holder accountability. In the international system another method for measuring civil legitimacy is through accountability to international human rights norms. In an effort determine what makes a government legitimate the Center for Public Impact launched a project to hold a global conversation about legitimacy stating, inviting citizens and governments to participate.
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly. Resolution 2200A on 16 December 1966, in force from 23 March 1976 in accordance with Article 49 of the covenant. Article 49 allowed that the covenant will enter into force three months after the date of the deposit of the thirty-fifth instrument of ratification or accession; the covenant commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. As of August 2017, the Covenant has six more signatories without ratification; the ICCPR is part of the International Bill of Human Rights, along with the International Covenant on Economic and Cultural Rights and the Universal Declaration of Human Rights. The ICCPR is monitored by the United Nations Human Rights Committee, which reviews regular reports of States parties on how the rights are being implemented.
States must report one year after acceding to the Covenant and whenever the Committee requests. The Committee meets in Geneva and holds three sessions per year; the ICCPR has its roots in the same process. A "Declaration on the Essential Rights of Man" had been proposed at the 1945 San Francisco Conference which led to the founding of the United Nations, the Economic and Social Council was given the task of drafting it. Early on in the process, the document was split into a declaration setting forth general principles of human rights, a convention or covenant containing binding commitments; the former evolved into the UDHR and was adopted on 10 December 1948. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, shall respect that right, in conformity with the provisions of the Charter of the United Nations. Drafting continued on the convention, but there remained significant differences between UN members on the relative importance of negative Civil and Political versus positive Economic and Cultural rights.
These caused the convention to be split into two separate covenants, "one to contain civil and political rights and the other to contain economic and cultural rights." The two covenants were to contain as many similar provisions as possible, be opened for signature simultaneously. Each would contain an article on the right of all peoples to self-determination; the first document became the International Covenant on Civil and Political Rights and the second the International Covenant on Economic and Cultural Rights. The drafts were presented to the UN General Assembly for discussion in 1954, adopted in 1966; as a result of diplomatic negotiations the International Covenant on Economic and Cultural Rights was adopted shortly before the International Covenant on Civil and Political Rights. Together, the UDHR and the two Covenants are considered to be the foundational human rights texts in the contemporary international system of human rights; the Covenant follows the structure of the UDHR and ICESCR, with a preamble and fifty-three articles, divided into six parts.
Part 1 recognizes the right of all peoples to self-determination, including the right to "freely determine their political status", pursue their economic and cultural goals, manage and dispose of their own resources. It recognises a negative right of a people not to be deprived of its means of subsistence, imposes an obligation on those parties still responsible for non-self governing and trust territories to encourage and respect their self-determination. Part 2 obliges parties to legislate where necessary to give effect to the rights recognised in the Covenant, to provide an effective legal remedy for any violation of those rights, it requires the rights be recognised "without distinction of any kind, such as race, sex, religion, political or other opinion, national or social origin, birth or other status," and to ensure that they are enjoyed by women. The rights can only be limited "in time of public emergency which threatens the life of the nation," and then no derogation is permitted from the rights to life, freedom from torture and slavery, the freedom from retrospective law, the right to personhood, freedom of thought and religion.
Part 3 lists the rights themselves. These include rights to: physical integrity, in the form of the right to life and freedom from torture and slavery.
Declaration of the Rights of the Child
The Declaration of the Rights of the Child, sometimes known as the Geneva Declaration of the Rights of the Child, is an international document promoting child rights, drafted by Eglantyne Jebb and adopted by the League of Nations in 1924, adopted in an extended form by the United Nations in 1959. The text of the document, as published by the International Save the Children Union in Geneva on 23 February 1923, is as follows: The child must be given the means requisite for its normal development, both materially and spiritually; the child, hungry must be fed, the child, sick must be nursed, the child, backward must be helped, the delinquent child must be reclaimed, the orphan and the waif must be sheltered and succoured. The child must be the first to receive relief in times of distress; the child must be put in a position to earn a livelihood, must be protected against every form of exploitation. The child must be brought up in the consciousness that its talents must be devoted to the service of its fellow men.
This text was endorsed by the League of Nations General Assembly on 26 November 1924 as the World Child Welfare Charter, was the first human rights document approved by an inter-governmental institution. It was reaffirmed by the League in 1934. Heads of State and Government pledged to incorporate its principles in domestic legislation. In France, it was ordered to be displayed in every school; the original document, in the archives of the city of Geneva, carries the signatures of various international delegates, including Jebb, Janusz Korczak, Gustave Ador, a former President of the Swiss Confederation. After considering a number of options, including that of drafting an new declaration, the United Nations resolved in 1946 to adopt the document, in a much expanded version, as its own statement of children's rights. Many different governments were involved in the drafting process. A expanded version, with seven points in place of five, was adopted in 1948. On 20 November 1959 the United Nations General Assembly adopted a Declaration of the Rights of the Child, based on the structure and contents of the 1924 original, with ten principles.
An accompanying resolution, proposed by the delegation of Afghanistan, called on governments to recognise these rights, strive for their acceptance, publicise the document as as possible. This date has been adopted as the Universal Children's Day; this Declaration was followed in 1989 by the Convention on the Rights of the Child, adopted by the UN General Assembly and opened for signature and accession by General Assembly resolution 44/25 of 20 November 1989. Convention on the Rights of the Child Eglantyne Jebb Save the Children Timeline of young people's rights in the United Kingdom Timeline of young people's rights in the United States Geneva Declaration of the Rights of the Child of 1924 on the UN Documents Database Declaration of the Rights of the Child Declaration of the Rights of the Child of 1959 on the Children's Rights Portal cirp.org
Convention on the Rights of Persons with Disabilities
The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of people with disabilities. Parties to the Convention are required to promote and ensure the full enjoyment of human rights by people with disabilities and ensure that they enjoy full equality under the law; the Convention has served as the major catalyst in the global movement from viewing people with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights. It is the only UN human rights instrument with an explicit sustainable development dimension; the Convention was the first human rights treaty of the twenty-first century. The text was adopted by the United Nations General Assembly on 13 December 2006, opened for signature on 30 March 2007. Following ratification by the 20th party, it came into force on 3 May 2008; as of October 2018, it has 162 signatories and 177 parties, which includes 172 states and the European Union.
In December 2012, a vote in the United States Senate fell six votes short of the two-thirds majority required for ratification. The Convention is monitored by the Committee on the Rights of Persons with Disabilities. 1981 to 1992 was the UN "Decade of Disabled Persons". In 1987, a global meeting of experts to review progress recommended that the UN General Assembly should draft an international convention on the elimination of discrimination against persons with disabilities. Draft convention outlines were proposed by Italy and subsequently Sweden, but no consensus was reached. Many government representatives argued. Instead, non-compulsory "Standard Rules on the Equalisation of Opportunities for Persons with Disabilities" were adopted by the General Assembly in 1993. In 2000, leaders of five international disability NGOs issued a declaration, calling on all governments to support a Convention. In 2001, the General Assembly, following a proposal by Mexico, established an Ad Hoc Committee to consider proposals for a comprehensive and integral convention to promote and protect the rights and dignity of persons with disabilities, based on a holistic approach.
Disability rights organisations, including the International Disability Alliance as coordinator of an ad hoc International Disability Caucus, participated in the drafting process, in particular seeking a role for disabled people and their organisations in the implementation and monitoring of what became the Convention. Mexico initiated negotiations, with active support from GRULAC; when support for a Convention was foundering in 2002 due to WEOG opposition, New Zealand played a pivotal role in achieving cross-regional momentum. Acting as facilitator from 2002–03, New Zealand assumed the formal role of Chair of Ad Hoc Committee and led negotiations to a consensus agreement in August 2006, working with other Bureau members Jordan, Costa Rica, the Czech Republic, South Africa, as well as Korea and Mexico; the Convention became one of the most supported human rights instruments in history, with strong support from all regional groups. 160 States have signed the Convention upon its opening in 2007 and 126 States ratified the Convention within its first five years.
In recognition of its role in creating the Convention, as well as the quality of New Zealand's landmark national Disability Strategy, Governor-General of New Zealand Anand Satyanand received the 2008 World Disability Award on behalf of the nation. As of 2015, for the first time in its history, the Committee on the Rights of Persons with Disabilities opened an investigation into a signatory state for breaching their convention obligations; the investigation was triggered by article 6 of the optional protocol, which provides that an investigation will be carried out once the Committee receives "reliable information indicating grave and systematic violation" of the human rights of persons with disabilities. The government of the United Kingdom is being investigated, with the final report due to be released in 2017; the Convention follows the civil law tradition, with a preamble, in which the principle that "all human rights are universal, indivisible and interrelated " of Vienna Declaration and Programme of Action is cited, followed by 50 articles.
Unlike many UN covenants and conventions, it is not formally divided into parts. Article 1 defines the purpose of the Convention: to promote and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, to promote respect for their inherent dignity Articles 2 and 3 provide definitions and general principles such as communication including Braille, sign language, plain language and nonverbal communication, reasonable accommodation and universal design. Articles 4–32 define the rights of persons with disabilities and the obligations of states parties towards them. Many of these mirror rights affirmed in other UN conventions such as the International Covenant on Civil and Political Rights, International Covenant on Economic and Cultural Rights or the Convention Against Torture, but with specific obligations ensuring that they can be realized by persons with disabilities. Rights specific to this convention include the rights to accessibility including the information technology, the rights to live independently and be included in the community, to personal mobility and rehabilitation, to participation in political and public lif
Secretary-General of the United Nations
The Secretary-General of the United Nations is the head of the United Nations Secretariat, one of the six principal organs of the United Nations. The Secretary-General serves as the chief administrative officer of the United Nations; the role of the United Nations Secretariat, of the Secretary-General in particular, is laid out by Chapter XV of the United Nations Charter. As of 2019, the Secretary-General is António Guterres of Portugal, appointed by the General Assembly on 13 October 2016; the Secretary-General was envisioned by U. S. President Franklin D. Roosevelt as a "world moderator", but the vague definition provided by the United Nations Charter left much room for interpretation; the Secretary-General is the "chief administrative officer" of the UN "in all meetings of the General Assembly, of the Security Council, of the Economic and Social Council and the Trusteeship Council, shall perform other functions as are entrusted to him by these organs". They are responsible for making an annual report to the General Assembly.
They may notify the Security Council on matters which "in their opinion may threaten the maintenance of international peace and security". Other than these few guidelines, little else is dictated by the Charter. Interpretation of the Charter has varied between Secretaries-General, with some being much more active than others; the Secretary-General, along with the Secretariat, is given the prerogative to exhibit no allegiance to any state but to only the United Nations organization. The Secretary-General is dependent upon the support of the member states of the UN. Although the Secretary-General may place any item on the provisional agenda of the Security Council, much of their mediation work takes place behind the scenes. In the early 1960s, Soviet First Secretary Nikita Khrushchev led an effort to abolish the Secretary-General position; the numerical superiority of the Western powers combined with the one state, one vote system meant that the Secretary-General would come from one of them, would be sympathetic towards the West.
Khrushchev proposed to replace the Secretary-General with a three-person directorate: one member from the West, one from the Eastern Bloc, one from the Non-Aligned powers. This idea failed; the Secretary-General is appointed by the General Assembly upon the recommendation of the Security Council. As the recommendation must come from the Security Council, any of the five permanent members of the Council can veto a nomination. Most Secretaries-General have little prior fame. Unofficial qualifications for the job have been set by precedent in previous selections; the appointee may not be a citizen of any of the Security Council's five permanent members. The General Assembly resolution 51/241 in 1997 stated that in the appointment of "the best candidate", due regard should be given to regional rotation of the appointee's national origin and to gender equality, although no woman has yet served as Secretary-General; the length of the term is discretionary, but all Secretaries-General since 1971 have been appointed to five-year terms.
Every Secretary-General since 1961 has been re-selected for a second term, with the exception of Boutros Boutros-Ghali, vetoed by the United States in the 1996 selection. There is a term limit of two full terms, established when China cast a record 16 vetoes against Kurt Waldheim's third term in the 1981 selection. No Secretary-General since 1981 has attempted to secure a third term; the selection process is opaque and is compared to a papal conclave. Since 1981, the Security Council has voted in secret in a series of straw polls; the Security Council submits the winning candidate to the General Assembly for ratification. No candidate has been rejected by the General Assembly. In 2016, the General Assembly and the Security Council sought nominations and conducted public debates for the first time. However, the Security Council voted in private and followed the same process as previous selections, leading the President of the General Assembly to complain that it "does not live up to the expectations of the membership and the new standard of openness and transparency".
The official residence of the Secretary-General is a townhouse at 3 Sutton Place, Manhattan, in New York City, United States. The townhouse was built for Anne Morgan in 1921, donated to the United Nations in 1972; this is a graphical lifespan timeline of the Secretaries-General of the United Nations. They are listed in order of office
Unfree labour is a generic or collective term for those work relations in modern or early modern history, in which people are employed against their will with the threat of destitution, violence, compulsion, or other forms of extreme hardship to themselves or members of their families. Unfree labour includes all forms of slavery, related institutions. Many of these forms of work may be covered by the term forced labour, defined by the International Labour Organization as all involuntary work or service exacted under the menace of a penalty. However, under the ILO Forced Labour Convention of 1930, the term forced or compulsory labour shall not include: any work or service exacted in virtue of compulsory military service laws for work of a purely military character. If payment occurs, it may be in one or more of the following forms: The payment does not exceed subsistence or exceeds it. Unfree labour is more instituted and enforced on migrant workers, who have traveled far from their homelands and who are identified because of their physical, linguistic, or cultural differences from the general population, since they are unable or unlikely to report their conditions to the authorities.
According to the Marxian economics, under capitalism, workers never keep all of the wealth they create, as some of it goes to the profit of capitalists. By contrast with modern subjective theory of value, the wages offered represent the marginal utility of the labour, any profit is due to other inputs provided, such as capital, time value of money, or risk. Unfree labor re-emerged as an issue in the debate about rural development during the years following the end of the Second World War, when a political concern of Keynesian theory was not just economic reconstruction but planning. A crucial aspect of the ensuing discussion concerned the extent to which different relational forms constituted obstacles to capitalist development, why. During the 1960s and 1970s unfree labor was regarded as incompatible with capitalist accumulation, thus an obstacle to economic growth, an interpretation advanced by exponents of the then-dominant semi-feudal thesis. From the 1980s onwards, however and different Marxist view emerged, arguing that evidence from Latin America and India suggested agribusiness enterprises, commercial farmers and rich peasants reproduced, introduced or reintroduced unfree relations.
However, recent contributions to this debate have attempted to exclude Marxism from the discussion. These contributions maintain that, because Marxist theory failed to understand the centrality of unfreedom to modern capitalism, a new explanation of this link is needed; this claim has been questioned by Tom Brass, ‘Debating Capitalist Dynamics and Unfree Labour: A Missing Link?’, The Journal of Development Studies, 50:4, 570–82. He argues that many of these new characteristics are in fact no different from those identified earlier by Marxist theory and that the exclusion of the latter approach from the debate is thus unwarranted; the International Labour Organization estimates that at least 12.3 million people are victims of forced labour worldwide. Other 2.5 million are forced to work by rebel military groups. From an international law perspective, countries that allow forced labor are violating international labour standards as set forth in the Abolition of Forced Labour Convention, one of the fundamental conventions of the ILO.
According to the ILO Special Action Programme to Combat Forced Labour, global profits from forced trafficked labour exploited by private agents are estimated at US$44,3 billion per year. About 70% of this value come from trafficked victims. At least the half of this sum comes from industrialized countries. Trafficking is a term to define the recruiting, harbouring and transportation of a person by use of force, fraud, or coercion for the purpose of subjecting them to involuntary acts, such as acts related to commercial sexual exploitation
Abolition of Forced Labour Convention
Abolition of Forced Labour Convention, 1957, the full title of, Convention concerning the Abolition of Forced Labour, 1957, is one of the eight ILO fundamental conventions of the International Labour Organization, which cancels certain forms of forced labour still allowed under the Forced Labour Convention of 1930, such as punishment for strikes and as a punishment for holding certain political views. In order to implement the 1930 Forced Labour Convention and the 1957 Abolition of Forced Labour Convention, the Special Action Programme to Combat Forced Labour was set up; as of May 2016, the Convention has been ratified by 175 of the 187 ILO members. The 12 ILO members that have not ratified the Convention are: Brunei China Japan South Korea Laos Marshall Islands Myanmar Palau Tonga East Timor Tuvalu VietnamTwo countries which had ratified the Convention—Malaysia and Singapore—have since denounced it. In addition, seven members of the United Nations are not members of the ILO and thus are not eligible to ratify the Convention unless they first join the ILO: Andorra, Liechtenstein, Monaco and North Korea.
Www.ilo.org/ official ILO site. Text of the Convention at the ILO site; the ILO Special Action Programme to Combat Forced Labour