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Source Of Human Rights Essay

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In order to sufficiently answer this question, it is important to first address some of the concepts that are here used such as the following: 1) source of human rights, 2) the Asian values debate and 3) universal human rights.

The discussion on the source of human rights can pertain to different issues but there are arguably two main features that are included: 1) a legal foundation that serves as the basis for the rights and 2) a body or committee that is delegated to implement and enforce the rights determined over the legal foundation. The question above appears to be in the presupposition that there is a certain extent of failure in arriving at an authoritative claim that will back up the current human rights. This does not mean however that there is no existing claim as the source of human rights, only that that claim is not in a position where all the countries of the world are keen to subscribe to (Bielefeldt, 2000). For example, the source of the human rights in the United States is …show more content…

Since we live in a time where power in the state level is the current paradigm such that the highest form of independent governance is in the nation- state (Jacobs, 2013), nation- based human rights laws have a stronger claim since they have a well- defined and accepted source. The Universal Declaration of Human Rights can be identified as an international legal foundation of human rights, with the United Nations being the body or committee in charge of its implementation (Mutua, 2001). The difference however is that it is subject to the signing of states, meaning that its institution as law is not automatically binding to signatories of the UN unless affirmed by its national leaders (Mutua, 2011). The key to

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