Human Rights and the United Nations Declaration of Human Rights - Essay Example

Human Rights System 1. Human Rights and the United Nations Declaration of Human Rights Human rights in general are rights inherent to individuals simply because they are human. These rights according to Ishay (2008) are shared regardless of sex, race, nationality, and economic circumstances (p.3). It is derived from the law of man’s nature, personalistic, and based on the dignity of the human being that is considered universal, equal, unbreakable, and absolute (Umozurike, 1997, p.2). In the United Nations Universal Declaration of Human Rights adopted by the General Assembly in 1948, this inherent rights of all human beings are expressed in treaties and other sources of law at the national, regional, and international levels. These include nine core international human rights treaties such as the 1976 International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights. To eliminate atrocities caused by racial discrimination, the International Convention on the Elimination of All Forms of Racial Discrimination was made available in 1969 (UN, 2008, p.4). In terms of torture and other forms of cruelty, the 1987 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment protects people rights against these inhuman acts. The UN Declaration of Human Rights also has specific international human rights treaties for women, children, and people with disabilities. These include the Convention on the Elimination of All Forms of Discrimination Against Women, The Convention on the Rights of the Child, The International Convention on the Rights of Persons with Disabilities, Migrants, and others. Other international human rights instruments were also adopted such as declarations, guidelines, standard rules, recommendations, and so on. Some of the most popular are the Declaration on the Right to Development of 1986, Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms of 1998, and the recent Declaration on the Rights of Indigenous Peoples of 2007 (UN, 2008, p.6). Human rights generally promote that disregard and contempt of the inherent dignity of man is barbarous act (UN, 2007, p.1). The Universal Declaration of Human Rights as adopted and proclaimed by UN General Assembly resolution in 1948 suggest that human rights is the recognition of the inherent dignity, equal and alienable rights of all human being. Moreover, human rights entail freedom, justice, and peace that must be protected by law. This is because all individuals are born free and equal in dignity and rights as stated (Article 1) and therefore entitled to all rights and freedoms regardless of race, colour, sex, language, religion, political inclination, social origin, economic status, and others (Article 2). For this reason, slavery, torture, and other degrading treatment or punishment is a violation of human rights (Article 4 & 5). Since everyone is equal and free, people have the right to a nationality (Article 15), marry and raise a family (Article 16), own a property (Article 17), religion (Article 18), expression and opinion (Article 19), peaceful assembly and association (Article 20), and take part in government (Article 20). The inherent right of everyone to social security on the other hand requires compliance to basic human needs such as employment (Article 23), rest and leisure (Article 24), right level of health and well-being (Article 25), education (Article 26), participate in cultural life and enjoy the benefits of scientific advancement (Article 27), and full protection from the law (Article 29 & 30). 2. Human Rights Promotion and Protection One of the main mandates of the United Nation is to ensure promotion and protection of human rights fundamental freedom of people around the world. This is the reason why the UN developed a number of human rights standards and norms. The High Commissioner for Human Rights or OHCHR plays the leading role and responsible for overseeing the Human Rights System. Other bodies such as the Human Rights Council established in March 2006 replacing the former Commission on Human Rights in promoting universal respect for the protection of all human rights and fundamental freedoms for all. Specifically, it is addressing basic human rights violations as well as gross and systematic violations of freedom and human dignity. In consultation with the UN Economic and Social Council or ECOSOC, NGOs with consultative status are participating in regular and special sessions of the Human Rights Council and making individuals or joint oral interventions, interactive dialogues, and partake in debates and panel discussions. These NGOs represent individual or group whose human rights have been allegedly violated by a third party, which may be an individual, government, businesses, NGOs, and others (UN, 2008, p.10). Other mechanisms used to protect and address human rights violations include the International Criminal Tribunals, International Criminal Court, and other UN Specialized Agencies such as UNESCO that covers human rights issues in education, science, culture, and information. ILO or the International Labour Organization deal with subjects concerning work, employment, social security, social policy, and related human rights violations (UN, 2008, p.17). 3. Human Rights System As discussed earlier, the human rights system of the United Nations consists of different laws, treaties, mechanisms, guidelines, declarations, arranged and being implemented by the United Nations. The system defines the violations, provide protection, and address international human rights issues. It is supported by different international NGOs, legal practitioners, academics, used to claim rights, demand protection, and save victims from atrocities and violation of their inherent rights and dignity. The system in general is an established global norms providing the structure and response mechanism to prevent or eliminate the sufferings of the victims. The human rights system protect people’s rights around the world through various means such as negotiation a national reconciliation to stop violence and prevent recurrence of human rights violations caused by politics, civil war, civilian or military dictatorship, ethnic cleansing, repressive states, and others (HR Lecture 4). Remedies through the human rights system include diplomatic means such as political pressure, media exposure, and so on and humanitarian military intervention. The UN Security Council can use diplomatic means through confidential talks with government concerned. For instance, undertake diplomatic actions through an influential representative that will express his or her concern and urge concern government to stop human rights violation. These can be through expression of disapproval such as breaking off diplomatic relations or economic sanction to pressure a certain government (Forsythe, 2009, p.243). The UN Security Council can authorize humanitarian military intervention, a short-term limited political objectives mostly applied in extreme suffering, without legal authorization. For instance, in a hostile environment where political order is contested and the national government is not responding to basic needs of its people such as safety, shelter, food, water, and medical services. Humanitarian caused by a certain government imposing demographic changes through killing and force displacement (Seybolt, 2007, p.6). Human rights protection is not limited to the United Nations since there are other human rights systems created in regions of the world to cover national or regional human rights violations . For instance, the European Human Rights System established by the Council of Europe and supported by treaties and remedial mechanisms. The European Convention for the Protection of Human Rights and Fundamental Freedoms contain extensive civil and political rights and supported by international enforcement and judicial mechanism such as the European Court of Human Rights (Reif, 2004, p.129). The African Human Rights System headed by the African Commission on Human and People’s Rights is another human rights system conceived in 1981. It is also supported by regional treaties such as African Charter on the Rights and Welfare of the Child which is a complementary instrument to the United Nations Convention on the Rights of the Child, Protocol to the African Charter on Human and Peoples’ Rights on the Right of Women in Africa, and others (Buyse & Hamilton, 2011, p.269). The Inter-American Human Rights System is another regional system to promote and protect human rights. It has created a range of instruments governing human rights in America such the Charter of the OAS which is a treaty forming the alliance between American States responsible for the establishment of Inter-American Commission on Human Rights. The system includes documents and treaties dedicated to human rights such the American Declaration of the Rights and Duties of Man adopted in 1948, the American Convention of Human Rights of 1969, and others (Pasqualucci, 2003, p.2). 4. Summary Human rights is shared regardless of circumstance dignity of the human being that as considered universal, equal, unbreakable, and absolute, A Human Rights System is a system created for the purpose of promoting and protecting international, regional, and national human rights. Its main objective is to preserve inherent human dignity by promoting, protecting, and punish those who violate human rights law or caused human sufferings. The United Nations human right system is the international system and global structure and point of reference for regional HRS such as the Inter-American Human Rights System, European Human Rights System, and the African Human Rights System. The UN human rights system has three important components. First, the Charter that created international standards, treaties, declarations, agreements, and documents. Second, Special Rapporteurs that include working groups, committees, treaty bodies, NGOs, and others working to promote and protection of human rights. Lastly, technical assistance through Voluntary Fund for Advisory Services and Technical Assistance in the field of Human Rights. 5. Bibliography Buyse A. & Hamilton M, (2011), Transitional Jurisprudence and the ECHR: Justice, Politics, and Rights, Cambridge University Press, United Kingdom Forsythe D, (2009), Encyclopedia of Human Rights, Volume 1, Oxford University Press, United States Ishay M, (2008), The History of Human Rights: From Ancient Times to the Globalization Era, University of California Press, United States Kistner U, (2003), Commissioning and Contesting Post-Apartheid’s Human Rights: HIV/AIDS, Racism, Truth, and Reconciliation, LIT Verlag Munster, Germany Reif L, (2004), The Ombudsman, Good Governance, and the International Human Rights System, Martinus Nijhoff Publishers, Netherlands Pasqualucci J, (2003), The Practice and Procedure of the Inter-American Court of Human Rights, Cambridge University Press, United Kingdom Seybolt T, (2007), Humanitarian Military Intervention: The Conditions for Success and Failure, Oxford University Press, United States Umozurike U, (1997), The African Charter on Human and People’s Rights, Martinus Nijhoff Publishers, Netherlands UN, 2007, Dignity and Justice for All of Us: Universal Declaration of Human Rights, United Nations, United States UN, 2008, The United Nations Human Rights System: How To Make It Work For You, United Nations, United States Read More