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Human Rights in 2066 | William Schabas | TEDxZurich


I signed up to do this talk about six

months ago full of optimism positive and

I was going to give you a message of

hope and and then brexit happened I live

in London and I went into a period of

depression like many people and was

rethinking my my attitude of my views

but I got over it at my classic optimism

returned and I was looking forward for

the last couple of weeks to celebrating

the election of the first woman

president of the United States you know

she did get the most votes I hope you

realize that if it’s any consolation and

she probably would have got more had it

not been for a number of measures that

were taken in some parts of the United

States to prevent black people and other

minorities from voting but I feel here

today a little bit like someone trying

to tell you the story and sell you on

the idea of global warming in the middle

of a winter storm we are in a difficult

period for human rights what the brexit

and the recent US election and other

events elsewhere in the world have done

is fanned the embers the smoldering

embers of racism and xenophobia and they

are making life very hard particularly

for minorities here in North America and

elsewhere in the world but my message is

ultimately one of optimism because it

involves taking the long view I’m

looking back 50 years and I’m looking

forward 50 years 50 years ago the major

Human Rights treaties the two most

important treaties in the United Nations

were adopted we call them the covenants

they’re related to the Universal

Declaration

Human Rights which is a little older and

that began a very very robust complex

elaborate system that continues to grow

that protects our human rights through

the United Nations and through regional

organizations and and of course here in

Europe we are very fortunate to have

what is perhaps the jewel of the mall

which is the European Court of Human

Rights only a few months ago the

European Court of Human Rights issued an

important judgment against Switzerland

although it wasn’t really directed

against Switzerland it was directed

against the United Nations Security

Council for the first time and it said

that the United Nations Security Council

through its resolutions which had to be

enforced in Switzerland was violating

fundamental rights of due process and of

equality before the law I don’t want to

talk about the institutions and the

structures and the documents I want to

talk about the ideas behind human rights

and how they have evolved until today is

to enable me in a way to project the

future to look forward so I want to go

back 50 years and look at some of the

issues that have I think surprised us in

terms of how they emerge one of them

that I’ve worked on a great deal is the

abolition of capital punishment now 50

years ago most countries in the world

had the death penalty and used most of

them about 90 percent of states in the

world used it when the United Nations

secretary-general was asked is there a

trend towards abolition the

secretary-general said I can’t tell one

way or another there doesn’t appear to

be a trend but trend there is and every

year for the last 30 years or so two to

three countries abolished the death

penalty and we’re now at a situation

where about 160 countries have abolished

the death penalty have stopped using it

have changed their laws some most of

them have actually adopted international

treaties to prevent the restoration of

the death penalty and there are fewer

than 40 states that still use it and in

those 40 states actually fewer than that

more like 37 the numbers are declining

there’s less and less death penalty

being used

in most of them even in the United

States where the death penalty was

once-thriving it has been in quite

dramatic decline for the last decade or

so and the numbers continue to drop and

that’s largely because juries ordinary

people the same people who voted earlier

this week are the ones involved in

taking the decisions and I’m not talking

about the voters in the blue states in

New York and Massachusetts and Vermont

because they don’t have the death

penalty there we’re talking about the

voters in the south and they are

increasingly reluctant to sentence

people to death when I look into the

future 50 years from now I’m convinced

it will be gone

we’re just those states are ticking

themselves knocking themselves off the

list

every year will it take ten years or 20

years or 30 years I’m not sure but 50

years from now it’s over and that could

not have been foreseen or anticipated I

think in 1966 I think if someone said

that in 1966 people would have said you

know what were you smoking this morning

let me turn to another area of rights

that I want to examine and develop and

that’s equality rights actually the

Equality rights go back much further

they go back to the what’s really the

beginnings of modern human rights which

is the revolutionary developments of the

18th century the American Revolution

French Revolution and similar events

those are the two big ones and in the

Declaration of Independence which starts

the American Revolution they say all men

are created equal and we have something

similar it’s like the first article of

the Universal Declaration of Human

Rights is actually based on it says that

all men are born free and equal in

freedom and in rights that’s the French

Declaration the only difference between

that and the Universal Declaration of

Human Rights is we now say all human

beings because the women who were

involved in drafting the Universal

Declaration of Human Rights said you’re

not going to say all men are born free

and equal but those who drafted these

ideas who conceived of them back in the

18th century

have blind spots they understood the

notion of equality and they promoted it

some of them were slave owners and there

was certainly no place for women in

their vision of a free and equal society

they’d understood the principle but they

hadn’t followed through the logic of it

and that’s something that we see and

that I believe will continue to see if I

go back 50 years now to 1966

we still had formally officially racist

states in in the world

South Africa being the most important

one and 1966 there was no end in sight

they just put Nelson Mandela in jail and

he did about 30 years almost 30 years in

prison in the United States they were

just cleaning up their legislation

getting rid of the final remnants of law

that promoted racial discrimination the

problems aren’t solved but they were

they were just in the course of doing

that in 1966 when we turned to women’s

equality

I looked at the number of women heads of

government in the 1960s you know from

1960 to 1970 in the world there were

three women who were heads of government

and it improved in the next decade from

1970 to 1980 there were four and you

know how many there were in the last

decade from 2007 to 2016

37 women heads of government so there

been dramatic changes I probably don’t

need to tell that to anybody in the room

I think you understand it if you have

any doubts talk to your grandmother’s

and they’ll tell you how it changed but

the other thing about equality is that

groups that were not contemplated in

1966 that were not discussed that people

didn’t consider were part of the

conversation about equality have emerged

more recently sexual minorities for one

in 1966 most countries in the world

including many of them in Europe

criminalized gay sexual activity now

that’s all gone that’s the thing of the

past certainly in this part of the world

and now we have same-sex marriage but

you know in 1966 there were laws in the

United States preventing marriage not

between people of the same sex

between people of different races there

were laws still enforce fifty years ago

so who could have foreseen this it’s a

bit like the death penalty what person

in 1966 would have said fifty years from

now we’ll have gay marriage

we’ll have equality recognized for

sexual minorities another area where

there was huge development was in the

area of disability rights and again in

1966 disability rights were not really

on the radar and now we have a very very

strong system we have an international

treaty we have a great deal of attention

being devoted to making sure that people

who are disabled are in a position to

play a full and equal role in our

society in our social life and that’s a

great change that could not have been I

think really foreseen in 1966 so the

question is what happens in the next 50

years where do we go in the next 50

years I think in the area of equality

rights to remain with that very

important core issue in human rights

the new frontier the area that we have

not addressed is equality in economic

and social rights economic and social

status

we have huge inequalities on this planet

even here in this country they appear to

have grown in many ways and very

unfortunately these economic and social

inequalities are also nourishing things

like the populist movements that seem to

be arising in different parts of the

world and that are threatening human

rights and yet they seem to be what what

the victims of these of these violations

turn to as a hope in order to enhance

their desire for equal treatment how

this will come about in the next 50

years I’m not in a position to say we

will have to find creative solutions the

fact is that the wealth has never been

more unequally distributed in the world

Stephen Piketty wrote a great book about

this a few years ago and I’m sure many

of you have read this I think that on

the planet Earth there’s enough wealth

to ensure that every single person on

the planet is fed and housed and

educated and

medical care but so much of it is hidden

away in tax shelters in Panama and we

have to solve that problem and I’m

confident that we will the other area

and this is something that is in a way a

newer right is the right to freedom of

movement

now the Universal Declaration of Human

Rights and the Covenant of 1966 says

everyone shall have freedom of movement

within their country within the borders

of their country that was a political

concession it’s like the slaveholders

recognizing equality rights because if

you think of the notion of freedom of

movement we should have freedom of

movement throughout the earth without

having to worry about borders for most

of us actually we probably assume we

have it already as as prosperous

European professionals we are in a

position to go up to the airport and fly

anywhere in the world all we need is a

passport and a credit card and we can do

it we assume we have these mobility

rights but there are people watching

this elsewhere in the world and they’re

saying well I don’t have that and that’s

the problem we have to correct we have

gone through this terrible crisis in

Europe that people sometimes called the

refugee crisis with a million people

trying to enter the continent some

countries have been very welcoming some

have been not so nice what is it it’s

people trying to exercise their right to

freedom of movement and another

important right their fundamental right

this is also secured in the Universal

Declaration of Human Rights to seek

asylum and to enjoy asylum from

persecution and it’s to our shame as

Europeans that thousands of them have

died in recent years drowned in the

Mediterranean Sea doing nothing more

than trying to exercise their

fundamental rights some think the

solution is to build walls that was an

issue in the recent election campaign in

the United States build a wall that’s

going to advance humanity you know we

had a wall in Europe once not that long

ago just over 50 years ago somebody in

East Germany thought it to be a good

idea to build a wall and that wall came

crumbling down we celebrated the

anniversary again this week that wall

came crumbling down and with it the

people who had built it okay humanity

doesn’t need more walls we need bridges

not walls now some of you are sitting

there thinking oh he’s a utopian and

he’s naive these things will never come

to pass but imagine someone in 1966

talking about near-universal of

abolition of the death penalty equality

for sexual minorities the rights of the

disabled and so on these two seemed

unimaginable if you call me a dreamer

let me cite another dreamer Martin

Luther King who said that the moral arc

of the universe is long but it tends

towards justice I won’t be around in 50

years to see whether my predictions come

true most of you would be pretty old

I dare say you’ll be sitting there

thinking that guy I heard answered 50

years ago did he underestimate things

was he conservative he never imagined

how much things would change the fact is

these ideas freedom equality justice

they don’t explain everything about the

progress of humanity about our ability

to live together but they explain a

great deal and they provide us with a

guide to what our future is going to

look like thank you [Applause]

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