To understand this debate it is first necessary to understand the mechanisms of international human rights instruments, and how universal human rights are currently being enforced. The international bill of rights consists of the Universal Declaration of Human rights (UDHR), The International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights, (ICESCR). The UDHR was adopted by the UN in 1948 after the horrors of world war 2. (United Nations) It sets out fundamental, innate rights of which all humans are entitled (United Nations). The UDHR is what is referred to as ‘soft law’, and therefor is not legally binding. However, it inspired the international process of standard-setting. (source) The UDHR has lead to hundreds of treaties, conventions and agreements being adopted by the United Nations, international organisations, and states.
Unlike the UDHR, the ICCPR and ICESR are ‘hard law’, and therefor are a legally binding instrument of the UN (Byrnes, Lawrence, 2015). Nations who have signed and ratified these treaties expected to hold up their values. Rights are split between the ICCPR and ICESCR depending on where the responsibility of the right falls. Civil and political rights or ‘negative’ rights, are associated with liberalism (Douzinas, 2008). Negative rights require people to refrain from doing things and are the responsibilities of all individuals and organisations. Some rights under the ICCPR include, the right to freedom of expression (Article 19), and freedom of religion (Art. 18). Social and cultural or ‘positive’ rights, are associated with the socialist tradition. (Douzinas, 2008). Positive rights require people and orga...
... middle of paper ...
...nforce foreign-policy with nationalistic agendas, under the banner of human rights. Human rights laws are dominated by national policy goals. Sates and political systems become hegemonic by turning their ideological priorities into universal principles and values. hat may or may not result is greater inequality.
Allows western states to breach HR
The concept of Universal human rights allows western countries to breach them .. “universal rights ignore the ill-distribution of power within the international system, assuming a default level-playing field where none exists.” Because of this conceptual flaw, cultural imperialism allows for the moral hypocrisy of western states. For example in the name of terrorism the United States have carried out practices that are in clear breach of international human rights law, while still upholding moral superiority.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- 1. Introduction 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, rat... [tags: Enforcing International Human Rights Treaties]
1800 words (5.1 pages)
- Research an International Non Governmental Organization that works on behalf of human rights issues. Share the name and the mission of this organization, along with a summary, in your own words, of some recent work that they have done to advocate for and protect the human rights of a particular group or groups, and why this work was necessary. Also, discuss any challenges that they have encountered through their work. Introduction Non Government Agencies (NGO) are private organisations set up for a variety of reasons such as reporting on human right, advocacy of the poor, climate change, disease prevention.... [tags: Human rights, Amnesty International]
723 words (2.1 pages)
- Unit five evolved around Human Rights and International law. In Professor Huwitz`s article “ Lawyering for Justice and The Inevitability of International Human Rights Clinic”. She articulates over the questions of the readiness of the US legal profession to granted globalization and preparation of law school`s students to involve in the new global society meaningfully. She focuses on the pedagogical approach that enables students to assimilate the transitional dimension of legal practice. Professor Hurwitz turns the readers` attention to the fact, that human rights clinics are inevitable and a good resource for information and response.... [tags: Human rights, Law, Rights]
1330 words (3.8 pages)
- Human Rights in International Law International law is very complex, human rights in regards to international law is even more complex. Human rights are basically a sub category of international law. It does not stand on its own body of law but still an important aspect. The practice of human rights includes basic elements of state identity and sovereignty, international organization, and the incorporation of international law into domestic law (Bedesman, 2006). These came around for the mere fact decades ago human rights did not exist.... [tags: Human rights, Law, United Nations]
1552 words (4.4 pages)
- At the start of the 21st Century, conversations centered on human rights became more prevalent and complex than they had ever been before. These new complexities prompted discussions about how international institutions were affecting the advancement of human rights. Some scholars believe that certain international institutions create cyclical, damaging relationships with those most in need of human rights improvement. Others are convinced that international institutions create the only avenues applicable for the development of human rights.... [tags: Human rights, United Nations]
1492 words (4.3 pages)
- Amnesty International is a well-known international human rights organization. They defend individuals whose rights have been violated by nations. According to their website, Amnesty International has a mission “of a world in which every person – regardless of race, religion, ethnicity, sexual orientation or gender identity – enjoys all of the human rights enshrined in the Universal Declaration of Human Rights (UDHR) and other internationally recognized human rights standards.” (Amnesty International, 2016a, Our Mission, para 1) According to the UDHR, every person is born free and equal, regardless of race, gender, political status, class, or economic status.... [tags: Human rights]
740 words (2.1 pages)
- Abortion is to erase baby in mother’s body, which causes a big controversy around the world these days. Chang (2015.05.11.) reported a girl was sexually assaulted by her stepfather in Paraguay. Upon news of her pregnancy, not only international human rights organizations but also pro-choice people in their nation insisted her abortion. However, the Government of Paraguay disapproves her abortion because to remove fetus is only allowed when mother’s health is in danger obviously and is rather fatal to her as she is in the fifth month of pregnancy.... [tags: Abortion, Birth control, Human rights, Pregnancy]
1702 words (4.9 pages)
- The claim to equality as held by late Sir H Lauterpacht, might mean the most fundamental of the rights of man. It is the focal point of all liberties, which led to being the bedrock on which the principles of non-discrimination and equality stands. Upon this the 1948 Universal Declaration of Human Right stated “all human beings are born free and equal in dignity and rights”. And non-discrimination which includes any conduct based on a distinction made on grounds of natural or social categories has no concrete behaviour of person.... [tags: Discrimination, Human rights]
1521 words (4.3 pages)
- which fosters socially responsible companies committed to the development of society (Kemp, 2011; Kemp & Vanclay, 2013; Wettstein, 2009). Despite the volumes of documents from the United Nations discussing the responsibilities of states, international organizations, and global corporations; traditionally international law has played a very weak role in protecting human rights (Graham & Ngaire, 2006; Wheeler, 2015). Although governments have agreed to enforce international law by holding corporations accountable for human rights abuses, they have had difficulties because of the complex structure of the international legal system.... [tags: Human rights, Law, Multinational corporation]
1873 words (5.4 pages)
- International Human Rights in Action The United Nations has been adapting its human rights machinery in order to better respond to the changing demands of the international community. During the cold war, the United Nations created the normative and institutional structures for international human rights protection, steadily broadening its competence in this area. At the same time, it supported the vast process of decolonization, which led to the birth of over 80 new independent nations. Landmark United Nations actions, such as the Declaration on the Granting of Independence to Colonial Countries and Peoples (1960), provided the blueprint for universally establishing the collective right to... [tags: Human Rights Essays]
882 words (2.5 pages)