a)Outline the nature of the violation
Torture is a serious human rights violation and is strictly prohibited by international law however it still does continue in majority of the countries around the world. Torture is an act of deliberately inflicting severe pain on someone without any legal causes. Torture is not only physical pain but also includes the act of causing mental pain as well such as threats to family or loved ones. Torture has been used as a punishment to intimidate or control a person. The term torture includes a variety of methods such as severe beatings, electric shock, sexual abuse and rape, hard labour, near suffocation etc. Torture is considered a violation of human rights under Article 5 of the UN UDHR which states ‘No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment’.
A location in which torture occurs is Guantanamo Bay detention camp (GTMO) in Cuba. GTMO is a detainment and detention facility of the United States located within Guantanamo Bay Naval Base. The facility was established by the Bush administration to hold detainees from the war in Afghanistan and later in Iraq. It is operated by the Joint Task Force Guantanamo of the United States government in Guantanamo Bay Naval Base, which is on the shore of Guantánamo Bay. A few torture methods being inflicted upon the detainees of GTMO includes sleep deprivation, beatings, locked in confined cold cells, sexual assault and torturing with broken glass, barbed wire and burning cigarettes
b)Outline the international instruments and mechanisms in place to deal with the violation, and outline how these mechanisms have been breached There are numerous laws in place to deal with events involving torture and the following are the international treaties and mechanisms that determine standards for the human right to be protected from torture and cruel, inhuman or degrading treatment.
The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations General Assembly. According to Article 5 of the UDHR which states that ‘No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment’ torture is a human rights violation. Torture is a breach of Article 5 of the UDHR as it is an act of deliberate severe pain inflicted on someone to gain information. Methods of torture such as beatings, sexual assault, rat torture, scaphism are all cruel, inhuman and degrading treatment which are prohibited and are a breach of the UDHR.
The International Covenant on Civil and Political Rights (ICCPR) is a treaty adopted by the General Assembly. This covenant elaborates the principles laid out in the UDHR. Torture is a violation of this convention as it is prohibited under Article 7, which states ‘no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation. As torture is a form of cruel, inhuman or degrading treatment it is classified a breach of this covenant.
The United Nations Convention Against Torture (UNCAT) and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights instrument, under the review of the United Nations, that aims to prevent torture around the world. It is the principal UN treaty concerned with torture. It compromises 33 articles covering the rights at stake and the enforcement mechanisms. Torture is a violation of human rights as the Article 2 of the convention prohibits torture and no exceptional circumstances whatsoever may be raised to justify torture. Torture breaches this article as it torture still exist today even though there are laws prohibiting its occurrence.
The Optional Protocol to the Convention Against torture (OPCAT) entered into force on 22 June 2006 and is an important addition to the UNCAT. The purpose of the protocol as stated in Article 1 is...
...CONTEMPORARAY ISSUES IN HUMAN RESOURCES MANAGEMENT
1Skills gap basically can be described as the difference in the skills required on the job and the actual skills possessed by the employees, a fundamental issue that is becoming predominant in the HRM field as a whole. According to asset skills gap analysis employer toolkit, February 2013, the article states some organisations experience significant skills gaps that are explained as an instance in which a worker or individual lacks a skill in a particular area, preventing them from performing their job properly and effectively. The main cause of skill gaps cited by employers within the asset skills footprint is basically that employees who are new to their job roles have only slightly completed their training and are therefore lacking the proper job specific skills required to perform their role to a great high standard. Also according to asset skills gap analysis employer toolkit, February 2013, skills gap can occur at an individual, departmental or organisational level at any time because staffs lacks certain skills important vital skills due to changes in the working environment, e.g., new practices, policies. Etc. Skills gap can have significant problems and disadvantages for organisations as they will be unable to reach their required potential productivity and total financial profit margin.
The two major documents that will be used in analysing this particular...
...torture is an unacceptable practice.
The aim of this essay is to critically analyse how the Committee against Torture and the HumanRight Committee have both generated a rich jurisprudence on the extent of state obligations related to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment beyond the traditional view of or preventing the use of torture in interrogations.
Torture has received so many international recognition due to its wide use in the Second World War. Torture is clarly defined in section 1 (1) of the Convention against Torture as ‘…any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession’. Other explanation of torture is that it ‘…is intended to humiliate, offend and degrade a human being and turn him or her into a thing’.1
There is a wide record of the use of torture since the history of mankind. For example, in the Roman law, it was customary to apply torture as a way of uncovering the commission of a crime.2 Also, there were reports of torture being permitted in situations where a confession was needed for a punishment in Japanese and Chinese criminal code.3. Also, the United Nations in its Special Rapporteur on torture in 1987 to the United Nations HumanRights Commission, indicated that torture is a common...
...THE HUMANRIGHTSISSUE OF GUANTANAMO BAY
Humanrights are the rights that everybody inherently possess. These rights are
protected by various legal principals such as the rules of law and ensure the dignity of
all people. However, humanrights are being violated by countries all over the world,
even by countries such as the United States who have the national strategy. It has been
breaching international covenants and conventions on humanrights with their terrorist
detention camp at Guantanamo Bay.
Guantanamo Bay is an American Navel base used to permanently incapacitate
approximately 660 detainees from 40 nations, including children. Because the base is
located on Cuban territory, the prisoners are not protected by the American constitution
or judiciary “ it is the obligation of the Judicial Branch to make sure the preservation of
our constitutional values”. These prisoners are held at the detention center in “ legal
limbo, with no access to lawyers or families”. And they are kept to isolate for 24 hours
a day, little outdoor exercise and there was no interaction with other prisoners. Badly,
prisoners are interrogated for...
...In measuring the extent to which the European regional approach to humanrights protection offers advantages over the United Nations international approach, the various mechanisms contained within both systems must be compared and analysed. An explanation of the various international treaties and the drafting of the European Convention will require some consideration in order to assess the overall effectiveness of the machinery’s established under both systems for the protection of humanrights. Particular reference will be made to the right not to be subjected to ‘torture or to inhuman or degrading treatment or punishment’ who’s universal condemnation stems back to the impunity for horrific crimes against humanity committed during the First and Second World War thus prompting in 1945, the first formal recognition of the importance of protecting humanrights in the international order through the United Nations Charter and the Nuremberg Charter.
The United Nations Charter sets out its purposes as “promoting and encouraging respect for all humanrights and for fundamental freedoms for all without distinction as to race, sex, language, or religion”’ and although the declarations are no more than aspirational, they support principles of liberty and individual freedoms that have subsequently formed the content of specific rights treaties....
...HumanRights | |
Submitted to: Ms. Padmaja | Subject: Contemporaryissues |
HumanRights – Evolution and Significance (UDHR, CEDAW, CRC, DRD)
Sujith Sudhakaran ………………..27
Nishad Neelambaran ………………..28
Dhanya Balakrishnan ………………...64
Pooja Nair ………………..73
Abhi Varrier ………………113
S.K. Somaiya College of Arts, Science & Commerce
This is to certify that the below given assignment of
is complete and submitted as per schedule to
On the topic
Signature Signature Signature
(Principal) (Head of dept.) (Prof.In charge)
We owe a great many thanks to great many people who helped and supported us during the writing of this project.
Our deepest thanks to our Professor Padmaja, the guide of the project for guiding and correcting various documents of ours with attention and care.
We express our thanks to the Principal of S.K.Somaiya College, Mrs.Sangita Kohli, for extending her support.
We would also like to thank our Institution and faculty members without whom this project would have been distant reality. We also extend our heartfelt thanks to our family members and well-wishers.
Content | Page Number...
We will deal with each of these in turn, with reference to international legal instruments and bodies. We will observe first of all how the rights of individuals, although falling outside the province of international law as it was conceived in the1600s, began to seep into the framework of international legal rules over the centuries, eventually coming to prominence during the 'humanrights era' that followed the end of the Second World War. We will consider secondly the various mechanisms that have been put in place by the international community in order to deal with the enforcement and observance of individual rights enshrined in international legal instruments. Lastly, we will critically assess the claim that questions about individual rights should be the sole concern of domestic legal systems.
The scholars who laid the intellectual foundations of international law in the Western world, like Hugo Grotius (1625) and John Locke (1690), all stressed in their writings that legal systems, be they domestic or international, were founded in natural law and commonly accepted standards of (Christian) morality. It may seem surprising, therefore, that for centuries the rights of individuals played no significant role in the framework of international law. International law, as the name suggests, was the body of legal rules governing the relations...
...Looking at the United Nations, humanrights are freedoms that are believed to universal humanrights that protect individuals and groups against actions which can interfere with fundamental freedoms and human dignity. According to the universal declaration of humanrights in Article 5, “No one shall be subjected to torture or, to cruel inhuman or degrading treatment or punishment.”
Eritrea, a country in the Horn of Africa covers 45,000 square miles with a population of 6.4 million, suffers attacks on humanrights every day. Eritrea’s 30-year struggle for independence ended in 1991, with Eritrean rebels defeating government forces. According to the World Fact Book, “ISAIAS Afworki has been Eritrea's only president since independence; his rule, particularly since 2001, has been highly autocratic and repressive. His government has created a highly militarized society by pursuing an unpopular program of mandatory conscription into national service, sometimes of indefinite length.” Due to the repressive ruling style of Eritrea’s president, this has let to the governments leaders to be able to do anything they want.
According to HumanRights Watch, “Eritrea, has documented serious patterns of humanrights violations in Eritrea. These abuses include arbitrary arrest, torture, appalling detention...
...Population: 1,173,108,018 (July 2010 estimate)
Capital: New Delhi
Major Cities: Mumbai, Kolkata, Bangalore and Chennai
Area: 1,269,219 square miles (3,287,263 sq km)
Bordering Countries: Bangladesh, Bhutan, Burma, China, Nepal and Pakistan
Coastline: 4,350 miles (7,000 km)
Highest Point:Kanchenjunga at 28,208 feet (8,598 m)
India, formally called the Republic of India, is the country that occupies most of the Indian subcontinent in southern Asia. In terms of itspopulation, India is one of the most populous nations in the world and falls slightly behind China. India has a long history and is considered the world's largest democracy and one of the most successful in Asia. It is a developing nation and has only recently opened its economy to outside trade and influences. As such, its economy is currently growing and when combined with its population growth, India is one of the world's most significant countries.
India's earliest settlements are believed to have developed in the culture hearths of the Indus Valley around 2600 B.C.E. and in the Ganges Valley around 1500 B.C.E. These societies were mainly composed of ethnic Dravidians who had an economy based on commerce and agricultural trade.
Aryan tribes are believed to have then invaded the area after they migrated into the Indian subcontinent from the northwest. It is thought that they introduced the caste system which is still common in many parts of India today. During the 4th century B.C.E,...