The Theory Of Natural Rights Essay

The Theory Of Natural Rights Essay

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Human rights are the fundamental moral rights to which a person is inherently entitled to simply because he or she is a human being. Human rights are designed to be universal and equally claimable by everyone, regardless of your "nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status." (United Nations, 2005). They are considered inalienable, thus, should not be taken away, except in specific circumstances. They are also expressed as inseparable and interdependent, and the removal of one right will effect others. Guaranteed by many forms of international law, they impose an obligation of government protection and advocacy (United Nations, 2005). Although the doctrine has been globally influential, it provokes many debates with regards to its content, and there exists disagreements with regards to its content, curtural relativity and its ambiguity (Nickel, 2014).
The classic theory of 'Natural Rights ' developed by John Locke, 1689, that every man had certain rights that derived from their nature, and not from government or laws, was the base for the reformulation of the concept of human rights. The history of its conceptual development can be traced as far back in as The Cyrus Cylinder, 559 BC (Freeman, 2011). Other documents that have asserted these rights throughout history include The constitution of Medina, 622CE, The Magna Carta, 1215, The French Declarations of man and of Citizen, 1789 and the Bill of Rights in the United states Constitution, 1791 (Nickel, 2014). However, it was not until the atrocities of the two world wars and political issues in the 20th century that The Universal Declaration of Human Rights (UDHR), 1948, was devised (Hoffman, 2010).
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... held in Nuremberg and Tokyo, 1946-1948 (Raful, 2006; Moghalu, 2006). Following these trials an international conference was held to establish an international criminal code, and the International Criminal Court was culminated in 1946 (Struett, 2008). Although the Rome Statute 's entry into force was not until, 2002 (Elliot, 2011). In addition, the Genocide Convention further asserted the supremacy of international law over domestic law and state sovereignty (Ben-Naftali, 2011). Thereafter, in 1996 the International Criminal Tribunal imposed a sentence on Drazen Edemic following the Yugoslavian war of independence, the following year the ICT convicts Dusan Tadic of eleven charges of war crimes, in 1998 Augusto Pinochet, was arrested by British Authrorities brought to trial on charges of genocide, torture and many other crimes during his ten year rule (Jackson, N.D.).

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