The Limitations Of Human Rights Essay example

The Limitations Of Human Rights Essay example

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Our basic Human Rights are set out in the Universal Declaration of Human Rights, as adopted by the United Nations General Assembly in 1948 after the horrors of World War Two. By signing the declaration governments commit themselves and their people to measures which secure the universal and effective recognition of the human rights set out in the Declaration1. However since the declarations adoptance many have highlighted increasing limitations, that arguably are more obvious in the modern era. In order to assess the limitations of human rights I will use three categories; the legal limitation of the document, the death penalty as well as the limitations of freedom of speech. Before concluding that the limitations of Human Rights are a consequence of The Universal Declaration of Human Rights themselves. This will all be in the context of limitation being; " any action by a public body that has an actual effect on people’s freedom of expression"2.
Before any articles of Human rights can be assessed we must first look at the legality of the document, how legally binding it is for members who signed the declaration. Human rights as set out by individual countries are legally protected under international law, regional systems, and by national constitutions3. However the Universal Declaration of Human Rights has no explicit attachment to any laws, systems or constitutions; because of its moral and political authority the declarations basic principles are reflected in countless international legal instruments4, but most importantly not explicitly written into law. Resulting in international legal instruments expanding human rights law further, such as The International Covenant on Civil and Political Rights requiring member states to...

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...peech may be a noble idea. On the other hand, it may be a visionary idea which dismisses key concepts of autonomy.
In conclusion, the limitations with Human Rights is their lack of legal responsibility. As a result even in the modern day there are debates over the boundaries of certain articles, such as Freedom of Speech (Article 10). Human rights are only legally binding when they are enforced within national or international laws, without this, by themselves they have no structure for enforcement. consequentially, to this day there are on going violations of human rights because in some circumstances the perpetrators cannot be punished. Limitations upon human rights occur because of the lack of legalization and clarity that surrounds the Universal Declaration of Human Rights, the declaration which is said to promote our freedom in cases limits it.

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