“[…] the international human rights system still operates more in rhetoric than in reality” (Copelon, 2003, page 11) The Holy See acceded to the Convention against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) on June 22, 2002. Pope John Paul II observed that “[t]orture must be called by its proper name” upon the Holy See’s accession to the Convention against Torture (referred from hereon as the ‘Convention’). Yet, in the Initial Report under the Convention, the Holy See failed to mention the widespread cases of sexual abuse carried out by priests all around the world, and label them for what they are, acts of torture. Furthermore, cases of child abuse and sexual abuse continued to happen under the Holy See’s eyes even after acceding to the Convention; matters of this sort were dealt with as quietly and as quickly as possible. The oppressors, which ranged from lower priests to high ranking members of the Church, were often not punished and allowed to walk freely, while the oppressed were left to deal with their suffering in one way or another (Center for Constitutional Rights, 2014). It is clear that serious actions should be taken to tackle and stop these aberrant situations. Non-governmental organizations such as the Survivors Network of those Abused by Priests (SNAP) are trying to aid those who have suffered, yet, an equally important issue lingers in the air: is the UN appropriately equipped to deal with such matters effectively? More specifically, what can the Committee against Torture (referred from hereon as the ‘CAT’) actually achieve through its ‘Concluding Observations’ on the reports submitted to states? To answer this question, a critical analysis of previous cases where the ... ... middle of paper ... ...mproving and increasing the effectiveness of the CAT tenfold. While some aspects of these mechanisms are already in place, they must be developed and enhanced much more in order to make the CAT truly effective. Only then would the CAT finally grow official ‘teeth’. However, this cannot happen overnight. More academics, legal professionals and anyone who can let their voice be heard must stress the urgency and the serious concerns regarding the effectiveness of the CAT. Once more efficient mechanisms are implemented, other international human rights systems will follow, and start implementing similar mechanisms themselves. These could improve international law, give it a more centralized character and strong tools of enforceability. Copelon’s statement will then start to crumble, as international human rights systems will operate more in reality, than in rhetoric.
In order to solve this problem, the ICC needs to adopt a separate provision for trafficking of humans and adopt one of the definitions of human trafficking already in use via the TVPS or the Palermo Protocol. An ascertainable and broad definition regarding human trafficking will help bring such atrocities before the ICC and render actual meaning to the Rome Statute’s enslavement provision.
How much more do we need to do before we start responding to these legacies? Works Cited United Human Rights Council. United Human Rights Council. N.p., n.d. Web. The Web.
Mr. President, stop the torture!" US Catholic Magazine Online. July 2004. 26 Sept 2008 http://uscatholic.claretians.org/site/News2?page=NewsArticle&id=6126&. news_iv_ctrl=1341&abbr=usc_&JServSessionIdr001=
There have been many humanitarians that strive to help countries suffering with human right abuses. People think that the help from IGOs and NGOs will be enough to stop human rights violations. However, it hasn’t been effective. Every day, more and more human rights violations happen. The problem is escalating. People, including children, are still being forced to work to death, innocent civilians are still suffering the consequences of war, and families are struggling to stay firm together. Despite the efforts from the people, IGOs, and NGOs, In the year 2100, human rights abuse will not end.
In “The Case For Torture” an article written by Michael Levin, he attempts to justify the use of torture as a means of saving lives. Throughout the article, Levin gives the reader many hypothetical examples in which he believes torture is the only method of resolution. Though I agree with Levin, to some degree, his essay relies heavily on the fears of people and exploits them to convince people into thinking pain is the only way. In certain aspects, I could agree entirely with Levin, but when one reads deeper into the article, many fallacies become apparent. These fallacies detract from the articles academic standing and arguably renders the entire case futile. Levin’s strategy of playing with the fears of people is genius, but, with more creditable details of the issue the article would have sustained the scrutiny of more educated individuals. The addition of more concrete information, would have given people something to cling to, inherently improving the articles creditability.
During the Middle Ages the influence of the Roman Catholic Church contributed to the adoption of torture by civil tribunals. The Italian municipalities adopted torture early, but it did not appear in other European countries until France legalized its use in the 13th century. Ultimately, torture became part of the legal system of every European nation except Sweden and England. Although torture was never recognized in the common law of England, it was practiced by exercise of the royal prerogative. In the American colonies torture was illegal; the few instances of its use were in ...
Is the intentional pain that an individual experiences justified if there is the potential to save the lives of many? Torture is the most used weapon in the “war against terrorism” but does it work? The purpose of this essay is to identify what the motives for torturing are, the effectiveness of torture, and important issues with the whole process of torture.
...trusts Church over Scandal.” This article discusses the effects that child sex abuse scandals in the Catholic Church have had on the public opinion of the Church. According to the article, over fifty percent of Americans feel that the Church would continue to cover up scandals in order to preserve its image. This shows how even though the scandals are a clear violation of the Church’s beliefs, they are still willing to do whatever it takes to cover it up and show that they are still an upright and honorable institution. The Catholic Church is only one example of many religious organizations that follow similar methods. Many religious institutions around the world are also responsible for using their beliefs to claim that their moral superiority. In essence, organized religion often times will come with connotations of the hypocrisy and insincerity of its followers.
Until there is a credible way to determine whether or not torture is in fact effective, I pass judgment that the practice should be discontinued. The question as to if the torture policy is a human rights violation or if it holds crucial necessity, is not answered in the essay. Applebaum explores the reality that torture possesses negative implications on the inflictor. After presented with the compelling stance and evidence, Applebaum raises the interesting question as to why so much of society believes that torture is successful. I agree that the torture policy is wrong, a point emphasized by Applebaum, contrary to the popular attitude surrounding the topic.
In over a period of years, an increasing amount of attention has been shed to the problem of child sexual abuse in the church. While churches, and other facilities which care for children, have had their experience of this problem, most attention has been brought to the abuse in the Catholic Church. Around the world, case after case has been seen in the press of clergy and members of religious orders being charged with sex offenses against children. Some of these cases go back decades. The issue has certainly brought attention around the world. The reason why, is the question that ponders in everyone mind.
Ritual abuse is an extreme, sadistic form of abuse of children and non-consenting adults. The abusers of innocent children hold no mercy as they psychologically, physically, and emotionally torture their victims to do their bidding. When the victims are finally set free, they are forbidden to talk about what happens to them in fear that they, or their family, will be killed. Ritual abuse occurs within every region of our country, (MacDonald & Sarson, 2002); this paper will present concrete statistics to substantiate this statement. This paper will also explain what ritual abuse is and provide background information, explain why it happens, and the effects it has on victims.
This essay considers that the violation of human rights can indeed be address by extraterritorial jurisdiction throw the human rights legal framework, mainly throw treaties as showed jurisprudence.
In conclusion, the convention against torture, has brought many people together, and has informed many people of the horrible tortures which go on everywhere from the US to Syria. It has tried to set fine lines which prohibit torture under all circumstances. However, since there is no governing body over countries, it remains difficult to enforce the human right standards sought after by the Convention against torture. The convention has therefore done a good job at identifying the torturers. This has in turn lessened the amount of those persecuted. It will remain a gradual process to eliminate torture from all countries, but nevertheless a necessity, in the quest for universal human rights. Torture will continue until all countries decide for themselves, and not from a third party convention that freedom from torture is a human right everyone deserves.
On December 10th 1948, the General Assembly adopted a Universal Declaration of Human Rights. This declaration, although not legally binding, created “a common standard of achievement for all people and all nations.to promote respect for those rights and freedoms” (Goodhart, 379). However, many cultures assert that the human rights policies outlined in the declaration undermine cultural beliefs and practices. This assertion makes the search for universal human rights very difficult to achieve. I would like to focus on articles 3, 14 and 25 to address how these articles could be modified to incorporate cultural differences, without completely undermining the search for human rights practices.
Torture is the process of inflicting pain upon other people in order to force them to say something against their own will. The word “torture” comes from the Latin word “torquere,” which means to twist. Torture can not only be psychologically but mentally painful. Before the Enlightenment, it was perfectly legal to torture individuals but nowadays, it is illegal to torture anyone under any circumstances. In this essay, I will demonstrate why torture should never acceptable, not matter the condition.