DEFINATION OF HUMAN RIGHTS:
Human rights are the rights possessed by all persons, by virtue of their common humanity, to live a life of freedom and dignity. They give all people moral claims on the behavior of individuals and on the design of social arrangements—and are universal, inalienable and indivisible. Human rights express our deepest commitments to ensuring that all persons are secure in their enjoyment of the goods and freedoms that are necessary for dignified living. International human rights law is a set of international rules, established by treaty or custom, on the basis of which individuals and groups can expect and/or claim certain behavior or benefits from governments .
Human rights are inherent entitlements which belong to every person as a consequence of being human. Numerous non-treaty based principles and guidelines also belong to the body of international human rights standards. International human rights law main treaty sources include: oThe universal declaration of Human Rights (1948)
oThe International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights (1966) oConventions on Genocide (1948)
oInternational Convention on the Elimination of all forms of Racial Discrimination (1965) oDiscrimination against Women (1979)
oConvention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984). oConvention on the Rights of the Child (1989).
The main regional instrument in Africa is the African Charter on Human and Peoples' Rights (1981). The United Nations charter also recognizes and protects the human rights examples being spelled out in articles 1, 55, 56,62,68,76. International human rights law binds all actors to an armed conflict: in international conflicts it must be observed by the states involved, whereas in internal conflict it binds the government, as well the groups fighting against it or amongst them. Thus, International human rights law lays down rules that are applicable to both state and non-state actors. The international human rights were a creation of the naturalist school of international law which attempts to give ethical and moral basis to international law and emphasizes on the dignity of the human beings and rationality. This school has strongly influenced the development of international law especially certain fundamental principles including that of non-aggression, fundamental human rights and social justice.
HOW AFRICAN STATES ARE BOUND BY INTERNATIONAL HUMAN RIGHTS LAW:
African states being sovereign are recognized as subjects of international law to the exemption of a few states such as Somalia, and are thus actors in the international stage and thus their involvement in this international stage require rules and regulations of engagement. African states are also part of the United Nations which is widely considered to be an international government that oversees the international community by the use of its bodies and organizations such as the United Nations Commission on Human Rights, UNCHR, being the main body that deals with human rights, there is also the establishment of human rights commissions on the regional level and national level example in Africa being the African commission on human and peoples rights which came into force in 1986,an example at the national level is the Kenya National Human Rights and Equality Commission (Kenya) .
International treaties form part of the laws of a country if the country is a signatory to the treaty and has ratified the treaty. States that have ratified or ascended to a convention are bound to observe its provisions those that have signed but not yet ratified have expressed their intention to become a party at some future date; meanwhile they are obliged to refrain from acts that would defeat the object and purpose of the treaty.
ENFORCEMENT OR APPPLICABILITY OF INTERNATIONAL HUMAN RIGHTS LAW IN AFRICA:
...SUBJECTS OF INTERNATIONALLAW - STATES
I. Traditional Subjects of InternationalLaw
In addition to controlling territory, States have lawmaking and executive functions. States have full legal capacity, that is, they have the ability to be vested with rights and to incur obligations.
Insurgents are a destabilizing factor, which makes States reluctant to accept them, unless they show some of the attributes of sovereignty (e.g. control of a defined territory). Their existence is temporary; they either prevail and become a full-fledged state, or fail and disappear.
II. Modern Subjects of InternationalLaw
All new modern subjects of internationallaw lack permanent and stable control over a territory. They have limited legal capacity (do not have a full spectrum of rights and obligations) and limited legal capacity to act (i.e. to enforce their rights).
A. International Organizations
B. National Liberation Movements
III. Conditions for Statehood and the Role of Recognition
Unlike national systems, the international legal order lacks a set of detailed rules regarding the creation of states. However, such rules can be inferred from custom.
A. Conditions for Statehood
The Montevideo Convention of 1933 lays the traditional and...
Your presenter today:
Major Attila Kulcsár
Hungarian National Police Human Resource Management Service Education Management and Training Departmert
UNTAC Cambodia 1992-93 MINURSO West-sahara 1995-96 UNMIBH BIH RS 1997-98 UNMIBH BIH FED 1999-00 EUPOL Proxima MK 2004-05 OSCE Mission to Skopje 2008-12
What is the first word that comes up your mind in connection with HUMANRIGHTS?
HUMANRIGHTS are the rights that all people have by virtue of being human beings. HUMANRIGHTS are derived from the inherent dignity of the human being and are defined internationally, nationally and locally by various law making bodies.
HUMANRIGHTS is defined as the supreme,
inherent, and inalienable rights to life, to dignity, and to self-development. It is concerned with issues in both areas of civil and political rights and economic, social and cultural rights founded on internationally accepted humanrights obligations
HUMANRIGHTSRIGHTS – moral power to hold (rights to life, nationality, own property, rest and...
...adhere to the word count guidelines.
Human activities affect the diversity of living things in ecosystems
Choose a recent newspaper article (within the past 3 years) that shows how humans impact the diversity of ecosystems. Summarize the article in 300 words and explain why you chose your article (be sure to include the original article as well).
Evaluate the importance of the sustainable use of plants to Canadian society and other cultures
Answer one of the following questions, by conducting research. Your response should not be longer than 250 words and you should provide appropriate evidence (by citing credible references):
How does the local food movement contribute to community development?
How does the re-introduction of native plant species along river banks help to prevent land erosion?
What plant species are considered important in sustaining Canada’s growth in the agricultural sector?
How are plants being used to clean wastewater from fish farms so that the water can go back into local streams?
The development and uses of technology to maintain human health, are based in part, in the changing needs of society
Choose a technology (advances in dietary products, advances in fitness equipment, advances in transplant technology, advances in diagnostic equipment, etc.). Create a timeline showing how that technology has advanced over the...
...The United Nations and the advancement of humanrights in Africa
The United Nations and the advancement of humanrights in Africa
This paper seeks to interrogate the rights-based approach to development and poverty reduction as espoused by the instruments and policies of the United Nations, considering Africa as the key beneficiary of the UN Millennium Development Campaign. The author will also enumerate the justifications for considering poverty as a humanrights issue under internationalhumanrightslaw, and how this impacts on the advancement of humanrights in Africa. Included is an endeavour to locate the direct and indirect contributions made by the different sections of the international community, including the international criminal justice system, to significantly reduce extreme poverty and hunger and, in so doing, preserve human dignity in Africa as envisioned by the internationalhumanrights regime. Furthermore, the paper seeks to justify the responsibility of the State in poverty alleviation from a juristic perspective, and argues for the domestication of international...
“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 internationallaw on humanrights is so crucial.
The scope of the present article comprises the problem of the relevance of different sources of internationallaw stated in the Article 38 of the...
...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...
...An evaluation of the responsibility the international community
has a responsibility to protect citizens against the gross humanrights abuses of their states.
Juliette Lovius, Dip Teach, MA HumanRights
Curtin University, Western Australia, June, 2013
Since ancient times, human beings have been in conflict with one another.
Those in authority have the power and opportunity to oppress people from within
their nation. The question of states coming to the aid of another state’s citizens
suffering under oppression is an old one. Voices in the early fifth century, such
as that of St Augustine of Hippo (Holt, 2005) were acknowledging the
complexities of war and the plight of the innocent victims of state-led violence.
Even in those ancient times, as it is today, it is clear that from a basic moral
perspective that the international community has a strong responsibility to act to
protect citizens against the gross humanrights abuses of their states. Refusing
to intervene and turning a blind eye and doing nothing in the face of crimes such
as genocide is incomprehensible, inhuman and immoral. Although the
outworking of humanitarian intervention is a complex and politically heated
issue, the responsibility to act is unequivocally clear. In this essay, I will argue
that states exist in an international community in...
...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...