Part two: Human Rights
Human rights
The office of the High Commissioner for Human Rights provides a concise, yet conclusive definition of what are human rights, as being: rights inherent to all human beings, whatever their nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status. Everyone is equally entitled to their human rights without discrimination. These rights are all interrelated, interdependent and indivisible. It then adds that Universal human rights are often expressed and guaranteed by law, in the forms of treaties, customary international law, general principles and other sources of international law. International human rights law lays down obligations of Governments to act
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Some of which are described as natural , but this is not their fundamental attribute, or the reason for their selection. They were documented after the Second World War which has contributed to their selection. At the same time, a balance should be maintained as all individuals make part of some community. The balance needs to be maintained between the rights of persons as well as with the rights of the community that they adhere to, and further towards the larger human unit. The existing conflict of rights, or appearance of one, may be a translation of the attempt to reach such a balance.
In the field of human rights, these fundamental rights are documented in the International Bill of Human Right, of the United Nations, which consists of:
- The Universal Declaration of Human Rights , although it has no legal binding as it is not a treaty, and does not require signing, it is gaining status as customary international law.
- The International Covenant on Economic, Social and Cultural Rights , and
- The International Covenant on Civil and Political Rights as well
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The declaration itself called for further conventions to be developed. This would make these rights, regardless of their nature or justification, enforceable, and make them part of legal systems, or to be included in newly formed constitutions, though not, necessarily, explicitly.
The ratification of these conventions such as International Convention of Economic and Social Rights (ICESR) and the International Convention of Civil and Political Rights (ICCPR) would serve the purpose. These rights, human rights, are believed to be natural rights that a natural person acquires because he/she belongs to the human race. They are not granted by a body or an institution, however institutions should enforce them (Cassin quote).
Human rights concern all aspects of existence of the human being, physical and intellectual, as individuals and as part of a community of humans. Some of these rights were justified in different pretexts; such as the right of property, right of free expression, and the right of access to information , bearing in mind the different outlook to these rights in different legal
The Declaration of Independence states three unalienable rights and those are the only three rights that should be stated in it. Many will disagree with that opinion but this paper will soon prove why the three unalienable rights stated in the constitution are the only rights that should be stated. The three main points as to why those three rights are the only rights that should be stated are 1) They only needed to state three rights so as to show why they were a free country. 2)
With that being said the United States has “international human rights obligations to ensure
The Declaration of Independence, written by Thomas Jefferson among others, described humans’ inalienable rights. The Social Contract, by Rousseau puts forth the idea
To many, violation of human rights is a serious issue. This shows that for every negative force, there is always someone who recognizes the wrong and seeks to correct
The Declaration established a foundation for the defense of fundamental human rights, such as the freedom of expression, of religion, of association, and of a fair trial. The Declaration also forbade slavery, torture, and other forms of discrimination. It has been recognized as a significant victory for human rights and has formed the foundation for other national and international
Natural rights play a crucial role in the declaration of independence and our society today. Natural rights are the most basic rights a person is born with that no one can take away, but were taken away by the king during that time. “I believe in the
The Declaration of Independence and The Constitution of the United States are a summarization of how the United States is to be represented and the liberties it gives to all its citizens of its freedoms. Nowadays, the Government doesn’t withhold or handle its citizens as The Constitution and Declaration of Independence state it to nor do the citizens comprehend their legal rights. The Declaration of Independence states that the rights to the people is life, liberty, and the pursuit of happiness and that right is not to be violated. The Constitution states, all citizens have the right to bear arms. This amendment of The Constitution and rights of the people from The Declaration of Independence seem to have become the most violated and misunderstood
Humankind is the only kind judged on morality, therefore, rights must be attributed to all of humankind. It doesn’t make sense to attribute rights to individuals. No rational person would consider it fair to give some individuals of the same kind rights, and then deny those rights to others. Simply put, rights must be given on the basis of what kind something is, not an individual basis. This also leads to the widely accepted concept of natural rights.
The dictionary definition of human rights states, “a right that is believed to belong justifiably to every person”. It doesn’t say it belongs to only some people, but to every person in the world. So why doesn’t every person have their human rights? Is it even possible for human rights to be actualized for everybody? The answer is yes, it is possible, but it is highly improbable.
Imposition on Human Rights The modern conception of civil liberties involves a long list of individual rights which include the right to liberty and security of person, rights to property and privacy, right to a fair trial and the rights to free speech. These civil and political rights are now framed as “human rights” and are protected by numerous international treaties. Freedom of movement is also broadly recognised in international law and bills of rights. Article 13 of Universal Declaration of Human Rights provides that everyone has the right to freedom of movement and residence within borders of each state.
The “Four Freedoms” was the main reason why the Universal Declaration of Human Rights was developed. “The Declaration was drafted over two years by the Commission on Human Rights, chaired by former First Lady Eleanor Roosevelt.” (“The Four Freedoms” 1). It was adopted on December 10, 1948 and is known to be “one of the most widely translated documents in the world” (“The Four Freedoms” 1). This declaration insists that all rights be upheld by governments and people to secure basic human rights (“The Four Freedoms”
Natural rights are those not contingent upon the laws, customs, or beliefs of any particular culture or government, and therefore universal and inalienable. The idea of human rights is also closely related to that of natural rights, some acknowledge no difference between the two, regarding them as synonymous, while others choose to keep the terms separate to eliminate association with some features traditionally associated with natural rights. Natural rights, in particular, are considered beyond the authority of any government or international body to dismiss. The Universal Declaration of Human Rights is an important legal instrument enshrining one conception of natural rights into international soft law. Natural rights were traditionally viewed as exclusively negative right, where as human rights also comprise positive rights.
Correspondingly, the Universal Declaration of Human Rights depend on dignity, equality and mutual respect – regardless of your nationality, your religion or your beliefs. Your rights are tied in with being dealt with reasonably and treating others decently, and being able to make on decisions about your own life. These fundamental human rights are: Universal; They have a place with every one of us; They can't be detracted from us, Indivisible and independent Governments should not have the capacity to choose
Waters believed that the production and use of the Universal Declaration of Human Rights are a result of the following
“Cultural Relativist and Feminist Critique of International Human Rights- Friends or Foes?” The journal, “Cultural Relativist and Feminist Critique of International Human Rights- Friends or Foes?” by Oonagh Reitman have the aim to know deeper about the two critiques towards the universal Human Rights by the two major theory, which are the Cultural Relativism and Feminism, how they see the universal Human Rights theory. The Journal address for the workshop discussion matter regarding to the similarities on critique of International human rights that made by the Cultural relativist and the feminist. “ Human Rights is the right that given and held by human simply because they are human, and it does not classified nor held by certain groups or not the subject to variation in culture”(Donnelly 1989: 109-110) From the introduction in the journal, the writer defines how the feminist and the cultural relativist express their idea of Universal human rights. The idea of Universal human rights from Donnelly were being reserve by Relativist, they argue that the human rights itself root from culture and due to the variation of culture, making the human rights not universal.