Essay about International Rights Of International Human Rights

Essay about International Rights Of International Human Rights

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International human rights law
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...

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...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.

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