Universal Declaration of Human Rights - Article Example

Universal Declaration of Human Rights Human rights are a very sensitive topic the society has been trying to address for so long now. I decided to include a news article that exemplifies an actual human rights violation that happened to a 16- year old girl in Iran. Ateqeh Sahaleh was sentenced to be hanged in public without a fair trial. She was not given any support from a lawyer and was given a punishment her family and other human rights advocators condemned. Ateqeh is just one of so many other people that suffered from human rights violation. Whether it may be in the East or West side of the world, this problem consumes every being in a society wherein ideally, human rights are given rights to every human being. Human rights are the rights that are inherent to man by virtue of being human. They are also known as natural rights. In many countries, the topic of human rights and the various violations to it is a serious topic. Indeed, many countries today whether Islamic or Christian or otherwise subscribe to the notion that human rights are granted by the divine and must be protected and honored without distinction based political considerations, religion, or whatsoever. In this connection, many countries have codified “universal” human rights to which they subscribe. For many Christian countries, the United Nations Universal declaration of Human Rights is the foundation to which they based many of their own declarations of human rights. However, Islamic countries also drafted their own universal declaration, the Cairo Declaration on Human Rights in Islam. This paper aims to find reconcilable differences in the two rather similar declarations and also to discuss how important Human rights are. The Universal Declaration of Human Rights was espoused and promulgated by the General Assembly of the United Nations. It was on December 10, 1948 that the Assembly called upon representatives of different countries all over the world to publicize the contents and full narration of the Declaration. The Universal declaration of Human Rights must be "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories." - http://www.un.org/Overview/rights.html(nations, 1984) It was stated, after the preamble, that : “The UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. “ - http://www.un.org/Overview/rights.html (nations, 1984) The Universal Declaration is written in the civil law format. Meaning it starts with a preamble followed by the articles and sections. The Declaration is composed of thirty articles but the following are some of those that bear greatest weight: The right to life, liberty, property and security of person; the right to an education; the right to employment, paid holidays, protection against unemployment, and social security; the right to participate fully in cultural life; freedom from torture or cruel, inhumane treatment or punishment; freedom of thought, conscience and religion; freedom of expression and opinion. These rights summarize the most basic rights that a human being must be accorded. For example the right to life has always been fundamental to the serious debate on capital punishment. We will take this point as a comparative point between the two declarations. In the UN Declaration, and in other Human Rights declarations such as the US Declaration of Independence, it is recognized that the rights to life and liberty are among the most intrinsic of all human rights. It is argued that the right to life is the origin of all other rights which is logically so. After all you can’t expect to exercise any of your other rights say the right to free speech, after you’re dead, can you? These two rights are so basic that even in cases where someone is incarcerated for crimes he/she have committed, the right to liberty is still not taken away. It is only temporarily restrained. The person cannot exercise his right for the duration of his penalty. After his sentence though, he is once again allowed to exercise his right to liberty. Although the case of the right to life is slightly different, it is still evident that these two rights are indeed the most valued of all rights. Even in the Islamic declaration, the right to life is also protected. Article 2 state that life is given by Allah and no one has the right to take it away except as prescribed by the shari’ah. This however is where the similarity between the two ends. The shari’ah is the body of laws that govern all Muslim jurisprudence. It governs many aspects of daily Islamic living. It includes laws on diet, marriage, sex, etc. however, the laws of the shari’ah are so strict to the point that they will not be compatible with common international lifestyle; especially in cases where sexual behavior is concerned, for example. The shari’ah prescribes the death penalty for homosexuality, sex without marriage among others. Thus even though both declarations protect the right to life and liberty, the operational definitions of these rights will differ based on the cultural and religious contexts of the two Declarations. The general idea of Human Rights is presenting the different rights of every human being living in a society, that a country or government should respect and protect- keeping in mind the welfare of the citizens all over the world. The specific rights mentioned in the Declaration can be subdivided into security rights, due process rights, liberty rights, political rights, equality rights, social or welfare rights, and group rights. The actual Declaration did not include group rights but other agreements do include this specific group of rights. Let me first define what human rights are. Human rights are “The basic rights and freedoms to which all humans are entitled, often held to include the right to life and liberty, freedom of thought and expression, and equality before the law.” (http://www.thefreedictionary.com/human+rights).  These are rights that are not given by the state, or a political norm in the society that deals with how the government or different sectors in the society should treat their citizens. These rights go beyond the specified moral norms in the society, like committing murder or violence to other people. Human rights also are created as both moral and legal rights of the people. Human rights are specified in the modern day. It started out as John Locke’s philosophy regarding the rights of life, liberty and property. Today, government follows the specific aspects of the human rights. These rights protect the people’s interest, dignity and protect them against common and grave abuses. Human rights aim is to avoid the problems surrounding the society. These rights are also practiced all over the world, in different countries. Human rights are not just political norms but also international norms. They are given grave importance by the society and goes beyond the usual commitments of crimes and misconducts. Human rights need full and committed justification to be adhered everywhere. Without this in mind, it can not withstand the cultural and national diversity of the people. http://plato.stanford.edu/entries/rights-human/#ExiHumRig#ExiHumRig (nickel, 2006) The Universal Declaration of Human Rights is an essential part of the society. Not only does it protect the people living in society, it is recognized and given importance by government, institutions and sectors all over the world. Why is it Universal? It encompasses the rights of every human being in this world. The declaration applies to everyone, regardless of his nationality, race, ethnicity, religion or state in the society. In any type of government, in any state in the world, this political and international norm is adopted and followed. It is considered universal in the sense that the rights discussed in these Declarations are rights that all man subscribes to. All men are imbedded with these rights by virtue of their being human. Thus ideally, these rights should apply to all man. However, as mentioned earlier, there are differences in the interpretations of the rights. Especially as in the Islamic version, all rights are limited by the Shari’ah. In reality, this dichotomy is a problem mostly for Muslims whose lifestyles are no longer congruent with the existing culture. Thus, if they wish to continue living their lifestyles the way they want to they must either leave their home countries of face the possibility of persecution. We must remember that the Shari’ah is based on the Islamic religion and thus cannot be changed or modified. Otherwise, it is like saying that in order for the other Muslims to exercise their right to say exercise their sexual preference, the rest of them Islamic world should relinquish their beliefs. In some Muslim counties you could hang for less than that. Ateqeh Sahaleh was hanged in public on Simetry Street off Rah Ahan Street at the Neka city center in northern Iran. She was 16. She did not have a lawyer in spite of her family’s efforts to find one. She had to defend herself. She told the religious judge, Haji Rezaii, that he should punish the main perpetrators of moral corruption not the victims. After her execution Rezai said her punishment was not execution but he had her executed for her “sharp tongue”. (Nickle, 2006) Human rights, justly said are a vital right of every human being. A person must not only know about these rights, but must fully understand and embrace his/her rights as part of his/her daily life. This makes life worth living, knowing that just being alive; you have these rights in you. But circumstances, situations, and the reality cause these human rights not to be practiced. Yes, constitutionally, one holds these rights dearly. But very often they happen to most people all over the world. Human rights violation is a very serious threat to an ideal peaceful world, given that we are living very diversely from one another and are different in so many ways. Having discussed the human rights, the difference between the Universal Declaration of Human Rights and the Universal Islamic Declaration of Human Rights, we must resolve the question of having human rights as a key concept in the Universal Declaration. If one values his/her life, if other people values other peoples lives, if one has a sense of concern for other people living around him/her, then that person values these rights inherent to him/her. It is important that a person knows these rights because it is something he/she can hold on to in times of difficulties and conflicts with others or perhaps the state and institution. Though it must be noted that this declaration is highly valued by law professionals, people who had really studied the constitution and laws practiced in every state and country. But every one of us should know about our rights, and should be able to inform others about theirs too. After all, the universality of these rights is clearly stated. Human rights in the modern world have shown depreciation of importance. Most of us either do not know every right stated in the declaration, we do not fully understand how important it is to embrace our rights, or maybe even we just do not know how to apply our inherent rights to contemporary situations. We know how brutal reality bites, how unfair situations living today can be, how people can hurt us in many and countless ways. These instances should give us hope that at the least, we have these rights to be able to live comfortably. Generally, human rights are upheld in the constitution and in Supreme Court all over the world. Most human rights violation cases are supposed to be strong because of these abiding constitutional rights. But in the modern times, people have sometimes lost their passion in upholding these rights. Take for example how the African-Americans in the early days embraced the idea of having human rights. They were treated as slaves and had been discriminated gravely. When they had realized their inherent human rights, they fought hard for what they believed in. They strongly believed that men are created equally, and that despite of the differences, they hold the same rights as others do. Until today, they are still fighting for the rights they believe are theirs too. This is what every one in this world should be doing. The declaration should be highly given the importance as knowing the right stated in it is something every person must adhere to. It was created so that people can be empowered, the state can also empower them in protecting their own rights. Ideally, if every person in this world knows how important it is to value these rights, then probably we would have been living in a much better world. Is the declaration effective in today’s time and genre? I hope so. Despite of the many human rights violation existing, there is something consecrated about the declaration. It gives people hope of a better chance of tomorrow. Amidst the difficulties in life, amidst of all the crimes brought about by personal interests and prejudices, the declaration stands true to its quintessence- that people are born with these rights. For the universal declaration to be effective, one person must understand and value the stated rights fully. Given the different superfluous situations that can violate these rights, a person who truly believes in the rights given to him/her by birth will succumb to unforeseen tragedies and misfortunes in his/her life brought about by certain situations. In the modern world, the important things in life still remain. In spite of our advances in technology and ways of globalization, we still have the abstract values and concepts that still play a major part of our lives. Though these rights are not recited in our daily lives, nor are we so conscious about it each time something happens, it is the rights we fall back into. They are the rights that we consider can save us from so many things. There are times we even forget these rights of ours since we are living in such a chaotic world, but somehow, having and knowing these rights is such an essential part of living. The human rights serve as the people’s defense against harm, and the protection given by the state or institution. The Universal Declaration can be effective in so many ways considering that people today are very aware of human rights violations and are actively participating in events that address the problems we are encountering with the promotion of human rights. Ideally, the declaration should be effective regardless of any other things that can be considered as a hindrance in the promotion and acceptance of these rights. It can be effective because most people are very much aware of their own rights. Ideally, the declaration is adoptable and can be of use for all times. Regardless of any situation and event- this makes it universal. Though it must be noted that differences is also an issue between different people. In modern times, there have been measures to further the gap between different people. The modern times can be characterized by so many divisions already. For example, the war in Iraq, the still occurring racial and ethnicity divisions and others has broadened the gap between people. The declaration should be given due respects and importance as the idea of having the Universal Declaration is for the people’s interest. No matter how tough times are, human rights will always be the thought that people considered to be theirs. No one in this world would ever disregard his/her rights because the rights are given to him/ her by birth. It can be effective if people really value their lives. All it takes is more understanding and application of the human rights that are wanted or not, rights that makes living worth while. Endnotes: human rights definition. farlex. (2004) Girl, 16, hanged in public in Iran iran focus. iran. NATIONS, U. (1984) universal declaration of human rights. united nations. NICKEL, J. (2006) human rights. arizona, stanford university.  Read More