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Importance Of Human Rights
Role of justice
Importance Of Human Rights
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The most crucial issue facing the international community is human rights. Human rights are an issue that cannot be ignored anymore. There is rhetoric about the lack of definition and agreement being the hold up on the protection of human rights. While these things may be hindrances they are not the root issue, if people cared enough about others all across the world governments would respond to the pressure. Human rights fail to be enforced because of state self-interest. This must change. There are three key areas that undermine human rights: state weakness, state sovereignty, and lack of international authority.
The first area that undermines human rights is state weakness. State weakness is when the state regime does not have a strong central government or legal system (Englehart, 2009). These states have little control of their population, so they are more likely to resort to alternative methods to exert control. The governments do not have the support of the people. Thus the governments start abusing people in attempts to gain control (Englehart, 2009). The abuses are often human rights violations such as mass murder or disappearing people who speak out against the government. Strong states that have strong central governments and more just legal systems. These governments are much less likely to resort to abuse of their people to exert control (Englehart, 2009). Control of people is exerted only against those who have broken clearly specified laws and they are dealt with in a pre-specified answer. The weak states don’t have clear laws or punishments (Englehart, 2009). Thus the people can be abused much more easily with little to no protection from their own state. There is an argument that states should be...
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... of human rights violations states can have the best of both worlds. This means that they are both protected from unwarranted intrusion by other states and the people can still be protected from abuse by the state. Protecting others from human rights violations must be a global concern because most people would want to be protected from state abuse.
Works Cited
Englehart, N. A. (2009). Capacity, State Failure, and Human Rights . Journal of Peace Research , 46 (2), 163-180.
Garcia, F. J. (2002). Trade, Constitutionalism, and Human Rights: An Overview. Proceedings of the Annual Meeting (American Society of International Law) , 132-134.
OHCHR. (2012). United Nations Human Rights Council . Retrieved April 25, 2013, from United Nations Human Rights: Office of the High Commissioner for Human Rights: http://www.ohchr.org/EN/HRBodies/HRC/Pages/AboutCouncil.aspx
US NGO Physicians for Human Rights Manual. Washington D.C.: US NGO Physicians for Human Rights, 2001. Print.
"United Human Rights Council." United Human Rights Council. N.p., n.d. Web. 27 Nov. 2013. .
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.
Schattuck, John. “Overview of Human Right Practices, 1995,” Country Reports on Human Rights Practices. March 1996: n.p. SIRS Issues Researcher. Web. 10 Oct 2013.
The issue of human rights has arisen only in the post-cold war whereby it was addressed by an international institution that is the United Nation. In the United Nation’s preamble stated that human rights are given to all humans and that there is equality for everyone. There will not be any sovereign states to diminish its people from taking these rights. The globalization of capitalism after the Cold War makes the issue of human rights seems admirable as there were sufferings in other parts of the world. This is because it is perceived that the western states are the champion of democracy which therefore provides a perfect body to carry out human rights activities. Such human sufferings occur in a sovereign state humanitarian intervention led by the international institution will be carried out to end the menace.
...2009): 8-9. United Nations Human Rights Council Universal Periodic Review. Web. 8 Apr. 2014. .
Condé, H. Victor. A Handbook on International Human Rights Terminology Human Rights in International Perspective; V. 8 Lincoln University of Nebraska Press, 2004.
Treaties are the highest source of international law besides jus cogens norms that have binding effect on the parties that ratify them.2 International human rights treaties rely on the “name and shame” mechanisms to pressure states to improve practices.3 However with “toothless” international human rights norms, moral coercion is not always effective. An empirical study conducted by Professor Oona Hathaway assessing the effect of human rights treaty ratification on human rights compliance, maintains in its findings that ratification of human rights treaties has little effect on state practices.4 States do not feel pressured to comply and change their practices, rather, signing treaties is “more likely to offset the pressure rather than augment it.”5 So, is it time to abandon human rights treaties and remit protection of human right to domestic institutions. Hathaway posits elsewhere that despite this treaties “remain an indispensable tool for the promotion of human rights.”6 Instead of getting rid of the treaty system, it is necessary to enhance the monitoring and enforcements mechanism to strengthen the human rights regime to ensure compliance.7 This article evaluates the extent to which international law serves as a useful tool for protection of human rights.
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.
On December 10th in 1948, the general assembly adopted a Universal Declaration of Human Rights. This declaration, although not legally binding, created “a common standard of achievement of 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.
The challenge that lies ahead probably is the need to work towards indigenization of human rights, and ensure their assertion within each country's traditions and history. The 1993 Vienna Convention on Human Rights speaks on the need to consider the importance of national and regional details as well as various cultural, historical and religious backgrounds when thinking about human rights.
Magno, A., (2001) Human Rights in Times of Conflict: Humanitarian Intervention. Carnegie Council for Ethics in International Affairs, 2 (5). [online] Available from: http://www.carnegiecouncil.org/resources/publications/dialogue/2_05/articles/883.html> [Accessed 2 March 2011] United Nations Development Programme (UNDP), Human Development Report (2000) Human Rights and Human Development (New York) p.19
The role that globalization plays in spreading and promoting human rights and democracy is a subject that is capable spurring great debate. Human rights are to be seen as the standards that gives any human walking the earth regardless of any differences equal privileges. The United Nations goes a step further and defines human rights as,
Hymowitz, Sarah, and Amelia Parker. "Lessons - The Genocide Teaching Project - Center for Human Rights & Humanitarian Law." American University Washington College of Law. American UniversityWashington College of Law Center for Human Rights and Humanitaian Law, 2011. Web. 9 Mar. 2011. .