Evaluation of 'Human Right Commission' and law
Publish Date : 2014-03-18, Publish Time : 00:00, View Count: 3 10 hours ago
The aims of establishment of National Human Right Commission (NHRC) are to promote and protect human rights. The core functions of the commission include complaint handling, human rights education and making recommendations on law reform. An effective commission must has important link between government and civil society, in so far as they help bridge the 'Protection gap' between the rights of individuals and the responsibilities of the state. Commission should also be empowered to take action on violations of other rights particularly social, cultural and economic rights. It should work to combat impunity for all those who order, carry out, and cover up human rights violations. Violations of the right to life and the right to physical and mental integrity frequently involve crimes under international law, such as extra-judicial and other unlawful killings, torture, 'disappearance', war crimes and crimes against humanity. It should identify any systematic pattern of human rights violations, and address the root causes, rather than solely treating each case in isolation. NHRC should be judged on their results in effecting improvement in the human rights situation in the country. There are some that scrutinise the performance of Bangladesh's NHRC in home and abroad. Those reports revealed that NHRC is incapable of conducting credible investigations in cases of human rights abuse. It has constantly failed to fight any human rights causes that could meet normative principles of internationally recognised human rights. There has not been any credible investigation conducted by the current leadership of the NHRC regarding gross human rights violations, such as torture, enforced disappearance, and extra-judicial killings committed by state agents. UN Commission on Human Rights Resolution 1992/54, adopted "the Paris Principles" as a tool both...
...NATIONAL HUMANRIGHTSCOMMISSION AND ITS ROLE.
This paper divided into 8 parts. There are :
2. Role of HumanRights towards universal sovereignty
3. Establishment of HumanRightsCommission,
4. National HumanRightsCommission of India,
5. Constitution of the HumanRightsCommission,
6. Functions of the HumanRightsCommission
7. Powers of the Commission
The National HumanRightsCommission was established on 12th October, 1993 under the legislative mandate of the protection of HumanRights Act, 1993.
Definition of HumanRights :
“HumanRights” means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied in the International covenants and enforceable by courts in India.
“Commission” means the National HumanRightsCommission constituted under section 3.
1) Introduction : All human beings are born free and equal in dignity and rightsHuman...
“Sources of HumanRightsLaw: Custom, Jus Cogens and General Principles” by Brunno Simma and Philip Alston.
The issue of establishment, authentication and protection of humanrights and freedoms is of significant prominence nowadays. The adoption of the Universal Declaration of HumanRights and of subsequent Covenants in 1948 and 1966 respectively, the establishment of the European Court of HumanRights, Inter American Court of HumanRights and African Court of Human and People’s Rights is an example of a growing States’ involvement in the subject-matter. The world community as a hole is undoubtedly concerned with the humanrights violations arising in different parts of the globe and is trying to resolve the problem. But to do so one needs to have defined judicial instruments which can be used to reach the peaceful solution. That’s why having a settled and agreed algorithm of the identification and application of the sources of international law on humanrights is so crucial.
The scope of the present article comprises the problem of the relevance of different sources of international law stated in the Article 38 of the Statute of the International...
...replacing the HumanRights Act 1998 with a British Bill
of Rights and Responsibilities.
The HumanRights Act 1998 (HRA 1998) is the single most effective piece of legislation, passed in the United Kingdom, which enforced the principles set out in European Convention on HumanRights in British domestic courts. A brief history as to the enactment of such a profound piece of legislation will help us understand the importance of the HumanRights Act 1998, and reasons the current coalition government would consider replacing the HumanRights Act 1998 with a British Bill of Rights and Responsibilities.
After World War 2, and the barbaric atrocities of the Nazi holocaust, European politicians and jurist were convinced that there was a need to forge a new Europe. The foundation of the Council of Europe was inspired by the need to guard against dictatorship, avoid risk of another war and to provide a beacon of hope. The first task was to establish rights for individuals against sovereign states. The code of the European Convention of HumanRights (ECHR) was formed, and the European Court on HumanRights (ECtHR) was established and located in Strasbourg.
This treaty was signed by member states. However, British nationals who wanted to...
...Are humanrights innate and universal?
Post WWII on the 10 December 1948, the Universal Declaration of HumanRights (UDHR) was espoused by the General Assembly of the United Nations in order to agree on the notion that such atrocities that occurred throughout the Great War and the Second World War would not ever be reciprocated. The document that was drawn up in less than two years by the UN and Western states, and although ambitious it would guarantee a premise for life and living for every individual all over the world. The UDHR are founded on nobility, equality and reverence, and are said to be aimed at all cultures and religions within the West and East of the globe. However there is great discrepancy regarding the justification and practicality of humanrights all over the world due to political, economic and cultural differences and limitations. Universal means that ‘something’ affects, applies or is completed by everyone all over the world – there is no distinctive bias shown and equal policies are applied. Innate, in relation to humanrights, means that people are given natural rights purely based on the fact that he/she is human and alive. Therefore, are humanrights universal and innate or is the Universal Declaration of Human...
...Hrmt 180 – Employee Relations Case Study (Maple Leaf Shoes)
Joan Jorgenson- a clerk om the office who violated the company policy regarding employee communications: „What goes on at the company stays at the company”. Violated this policy by having a conversation with a coworker Natalie King, where Natalie mentioned that she moved from Wilmington to Winnipeg because at her former office she had been proved when she refused a senior members of management sexual advances. This led her to move to the Winnipeg location. When Joan heard about this she quickly brought it to the attention of the humanrightscommission in Ontario as well as the media in both Winnipeg and Wilmington.
Max MacSweeney- an Maple Leaf Shoes accountant, who is well knowing in the business community and does a lot of traveling throughout western Canada as part of his job. He is considered as a good employee and he is also married and has two children. However, the head office began monitoring the usage of Internet by their staff members and have discovered that Max has been visiting several pornographic websites while on business. He has been browsing those sites using the computer assigned to him during outside regular working hours. The company has not had a chance to create a policy on Internet usage yet because they have just began providing Internet access to their employees.
Paul Bertuzzi- a Maple Leaf Shoes warehouse supervisor in Winnipeg,...
...Humanrights in Pakistan:-
Pakistan’s humanrights situation is a complex one, as a result of the country's diversity, large population, its status as a developing country and a sovereign, Islamic republic as well as an Islamic democracy with a mixture of both Islamic and colonial secular laws. The Constitution of Pakistan provides for fundamental rights, which include freedom of speech, freedom of thought, freedom of information, freedom of religion, freedom of association, freedom of the press, freedom of assembly and the right to bear arms. These clauses are generally respected in practice. Clauses also provide for an independent Supreme Court, separation of executive and judiciary, an independent judiciary, independent HumanRightscommission and freedom of movement within the country and abroad.
Although the government has enacted measures to counter any problems, abuses remain. Furthermore, courts suffer from lack of funds, outside intervention, and deep case backlogs that lead to long trial delays and lengthy pretrial detentions. Many observers inside and outside Pakistan contend that Pakistan’s legal code is largely concerned with crime, national security, and domestic tranquility and less with the protection of individual rights.
In May 2012, President Asif Ali Zardari signed the National...
...Humanrights refer to the natural or basic rights and freedoms to which all people are entitled to. Traditionally, the rights and freedoms of citizens were protected by an Act of Parliament or by the judges in developing the common law. Prior to World War II, the convention for the protection of humanright and freedom was drafted in 1950s by the Council of Europe. It was drafted because of disgust with fascism and an anxiety to protect basic freedom. On 1953, it has developed to become an international treaty, which all 47 countries of the continent of Europe are bound by the European Convention of HumanRights and Fundamental Freedoms 1950, also known as ECHR. United Kingdom (UK) was one of the first countries to sign the Convention in November 1950. Although it entered into force in the UK on 3rd Sept 1953, UK chose not to incorporate its terms into domestic law. Therefore UK was only bound to ECHR on the matter of international law and not within the domestic legal system. During 1960s, there are few parties concerned had campaigned for the enactment for HumanRights Act in UK. These parties are the commentators and public interest groups. However, due to several criticisms and the reluctant of UK government to pass such legislation, the HRA did not enact until 1998. Though the convention...
...HUMANRIGHTS AND RIGHT OF PRIVACY
Prasanta Kumar Dey
“Civilization is the progress towards a society of privacy. The savage’s whole existence is public ruled by law of his tribe. Civilization is the process of setting man free from men” - Ayn Rand : The Fountain head, 1943.
The idea of privacy is as old as Bibalical notion of creation of progenies on earth. Even Adam and Eve tried to hide their nudity with leaves. Privacy is vital to the mental spiritual and physical well being of all individuals and also to the morality and personality of individual . It is necessary for a secure relationship between individual and individual whether it is between man and wife, son and father or a friend and friend. In other words it concretizes interpersonal relationships of love, friendship and trust .
HumanRights are such rights which are available to every person because he is a human being. Whatever may be his nationality, sex, race, profession, social and economic status. The term ‘HumanRights’ denotes all those rights which are inherent in our nature and without which we can not live as human being . It is claimed that humanrights being eternal part of the nature of humanrights are essential for individuals to develop their...