The United Nations has played a crucial role in the international system since its beginning. It has been the main place where leaders from around the globe can communicate and work out issues. Its charter is admirable and includes goals, such as “saving future generations from the scourge of war has brought untold sorrow to mankind." The United Nations creates rules against violence, issues sanctions, and plays a peacekeeping/diplomatic role by creating ‘space’ between conflicted countries. It also helps countries raise their standard of living, creates jobs, and delivers aid to victims of natural disasters or war. The human rights and relief programs that the UN has initiated or supported are impressive indeed.
. The purpose of the Committee was two-fold:
1. To study reports submitted every five years by state parties to the conference, and to make general comments on these reports, 2. To serve as the body to which individuals and groups could complain against states regarding the violation of the rights..
Is the Human Rights Committee really a failure? Yes. The following evidence are The Committee was established, in part, to serve as a forum in which individuals could file complaints against states for human rights abuses. However, * In twenty years of existence, the Committee had registered only around 800 complaints. This is set against the backdrop of the two-billion individuals (from over 100 states) who could theoretically call on the Committee for protection. * In only 15 per cent of the cases have states implemented the Committee's views or offered any remedy to the applicant. The “experts” that make up the Committee are more often government agents than independent experts.. This biases the Committee toward defending state actions rather than censuring them. Until the Committee is made up of truly independent experts, there is little hope of serious state responsibility, as they cannot understand the common man’s problems. The...
...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...
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...
...Humanrights in today’s world have become pivotal to the functioning of our society as a whole, largely due to the increased occurrences which in turn have led to greater awareness and repudiation of the same in the world community. In present times the humanrights field encompasses a broad range of civil, political, economic and social rights which shows its all pervasive nature, and the accountability for the violation of these rights by state and non-state actors alike. The scope of humanrights in today’s day and age has thus widened considerably as gradually the individual becomes an end in himself and is recognized as being of primordial concern.
Humanrights law is a subset in the field of humanrights. Humanrights are what define a society; hence the humanrights law takes primacy over all the laws. There is nothing more important than the development of humanrights in an evolving society
Humanrights and criminal law are closely inter - related. My personal interest lies towards humanrights as under the criminal law. Today we see all kinds of crimes being committed- state or non-state, say torture of prisoners, child labour, or most importantly...
...universal view that torture is an unacceptable practice.
The aim of this essay is to critically analyse how the Committee against Torture and the HumanRightCommittee 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 Human...
...going to argue that we are born with humanrights given to us by a higher power. I do not believe this is true as so many people around the world are stripped of their rights almost daily. I do believe that we need to adhere to and respect humanrights without discrimination in order to advance as a species which brings me to the declaration of humanrights drawn up by the United Nations.
As said by HumanRights activist Shulamith Koenig
"HumanRights are the banks of the river within which life can flow in freedom and dignity."
Does the U.N. declaration of humanrights hold value in today's
I believe the UN plays an extremely important role in today's
society and therefore does hold value. As the nations of the world increase their interdependence of one another there will be an increasing need for a multinational body to act as peacekeepers, protectors & negotiators WITHOUT becoming world police. The key to the UN's power is that it is made up of 99% of the worlds governments. The actions and motivations of the UN are firmly based on their Declaration of humanrights which is the first document to receive multinational support for laying down the rights believed to be owed to each and every...
...HRV1601: HumanRights, Values and Social Transformation
Semester 01/ Assignment 01
The Historical Background and Development of HumanRights
Table of Contents
2) The Development of HumanRights
3) Historical Documents of HumanRights
3.1) The English Bill ofRights (1689)
3.2) The American War of Independence (1775-1783)
4) Developing and Maintaining a HumanRights Culture in South Africa
5) The South African Constitution
6) The South African Bill of Rights
A right is an inherent, irrevocable entitlement held by all human beings from the moment of birth. According to Ndungane (as stated in Slater 2010:19), “A humanright is a right that a human person has simply by virtue of being a human person, irrespective of his or her social status, cultural accomplishments, moral merits, religious beliefs, class membership or cultural relationships”. Basic humanrights are not earned or deserved, and should not be considered a privilege, but an imperative implement for the well-being and peacefulness of mankind. This...
...Today’s arrival in Sri Lanka of the Geneva-based UN High Commissioner for HumanRights (UNHCHR) bears testimony to the stark reality that the modern world is framed in such a way that countries that dare stand up to the economically and militarily more powerful Western nations, especially the US, are condemned to be scrutinised down to every minute detail by the so-called ‘international community’. The United Nations is where it is done.
Sri Lanka has fallen into this category. In the 1980s and ’90s, India despite its relative insignificance as an economic entity then, had the muscle to haul Sri Lanka over the coals, especially at the UNHumanRights Commission in Geneva. India then used proxy-nations, like Argentina to do its bidding (because Sri Lanka had voted against Argentina in the Falkland Islands/Malvinas issue).
Since 2009, however, the West has got engaged directly and through surrogates such as the Czech Republic (which provided arms to the Government of Sri Lanka to defeat the LTTE) to keep the Mahinda Rajapaksa Government on tenterhooks.
The Minister of External Affairs recently went on record saying that the hosting of the Commonwealth Summit (CHOGM) was a victory for Sri Lanka’s foreign policy. If so, what is his call on UNHumanRights Commissioner Navy Pillay’s visit as she goes about like a school inspector checking on this...
...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 HumanRights commission 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 Commission for Human...