International human rights law Assignment Sample
Question
The notion that everyone, because of their humanity, is considered to have such human rights is pretty modern. Its origins can be found in previous cultures and reports from many civilizations. For human rights to reach the global stage and become part of the global conscience, World War II served as the catalyst. In most of history, people achieved rights and responsibilities by belonging to a particular group, such as family, tribes, tribesmen, nation, religion, class, or community (Smith, 2020). The idea of categorizing human rights is uncertain. According to renowned United Nations records, all human rights are intangible, reciprocal, and dynamic. Whenever classifications of human rights one may have thought of diplomatic, democratic, financial, socio-economic, or fundamental freedom, personal or group privileges, fundamental or other rights, intersections show that all rights are interconnected and that classifications or generalizations correlate more to theoretical establishments than to facts. The comparative deficiency of human rights groups and generalizations becomes clear when the emphasis is on human beings. The satisfaction of human beings’ liberties and privilege relies on present circumstances of freedom from oppression, and liberty from desires. Regional and abroad regulations, as they keep in mind the comprehensive character of human rights, transform human rights characterization and generalization (Bradley, 2019). The strategic and inclusive character of human rights was acknowledged by the President of the United State, named Franklin D Roosevelt. In his popular lecture of 1941, he described four critical freedoms and rights that must be assured to all citizens all over the globe. The four basic rights and freedoms are firstly freedom of belief, secondly, the freedom of opinion and expression, thirdly, liberties from oppression, and finally, liberty from desires. These forward-thinking four liberty statements are represented as one the references of encouragement for the United Nations International declaration of rights. The United Nations International declaration of rights and freedoms tends to motivate lawmakers. For instance, retired United Nations Secretary-General Kofi Annan in his spectacular document, Larger liberty, Towards growth, protection and individuals rights for everyone drew thoroughly on the liberty from desires and liberty from anxiety framework. A significant concept thereof is that progress, protection, and human liberties are not only interconnected but also strengthen each other. In terms of enhancing larger liberties, human rights should be an essential component of advancement and protection regulations (Baum, and Hai, 2020). Despite the fact that this section critically examines numerous aspects of human rights, all human rights should be visible, and their universal and holistic nature should not be disturbed.
Categories and classifications of human rights
Economic, social, and cultural rights, as well as civil and political right
Much emphasis has been placed over the years on the differences between socio-economic and cultural rights like the right to appropriate standards of lifestyle, work, and education. These rights are discussed in sections ten and twelve. There is indeed a substantial distinction between the two in terms of the character of States party members’ responsibilities under the international Covenant of socio-economics, and cultural rights (ICESCR) and the International Covenant on Political and Civil Rights (ICCPR) are involved. Besides, Political and civil rights like the liberty of life, integrity of individuals, the liberty of expression and opinions, assembly and association, right to freedom, and a fair trial, are discussed in sections nine, eleven, and thirteen respectively. The article two (ICESCR) gives for a feasible solution to socio-economic, and cultural rights and recognizes the limitations imposed by limits of available resources (von Meding, Maguire, and Woldemariam, 2019). On the other hand, article two (ICCPR) recommends the responsibility to obey and guarantee all the political and civil rights as an instant responsibility. Accordingly, the Committee on Socio-economic and cultural rights has interpreted the notion of transformative accomplishment as an acknowledgment that all socio-economic and cultural rights will not be actually realized in a brief span of time. Because transformative realization is an appropriate element, not in the intangible, but to the best of the available resources, an issue emerges as to how such a responsibility of the state is to be constructed in periods of economic anxiety and diminishing resources as encountered at the extreme of the first decade of the twenty-first century.
Individual rights or collectivism rights
The identical procedure has had an effect on another conventional classification of human rights. There are major differences between collective and individual rights. In the context of International Covenants, with their focus on human integrity and the value of individualism of every human being, the emphasis is on the privileges of every individual citizen (Ginsburg, 2020). After all, in several aspects, individual people work and live in society and collaborate with other persons in the family and similar interaction patterns, in the practice of religious system and faith, in educational institutions, and in the creation and participation of the union movement.
The individual citizen, while the member of socioeconomic and cultural relations of the social existence, is the recipient of the privileges. The identical renovation has been employed, at least in United Nations definitions, where fundamental freedom of people and minorities communities discussed in section eighteen, are included. Minority groups as communities are not regarded as participants of privileges. This is to ensure that any separatist aspirations that they may have followed in the jurisdictions where they reside are not justified (Barnett, 2018). According, to the applicable legislation of the ICCPR, the article twenty-seven states that in those States, in which racial, religious systems linguistic minorities communities are present, individuals existing in such minorities communities shall not be refused the rights and freedoms, in a community with other participants of their communities to experience their own cultures, to access and participates their individual religious faith and belief system or to employ their individual languages. These benefits are worded very carefully and eliminated at least in concepts, the acknowledgment of collective liberties. Correspondingly, the United Nations Committee on the rights of individuals belonging to the citizenships and racial groups, religious and cultural Minorites carefully and uniformly relates individuals belonging to the minority communities, thereby, emphasizing the persons rather than communities.
Composite rights or one-dimensional rights
In contrast to rights like liberty of speech and expression, or the freedom of a fair trial, the privileges of self-determination and growth, and the right to unity are more sophisticated characteristics. They are frequently referred to as reinforced rights (Achiume, 2019). The issue may be raised what the legitimate importance of such rights. When they affect the human lifestyle and well-being of individual people, they are not privileged in the fundamentals of human individuals. Their achievements rely on the democratic, socioeconomics, and cultural regulations implemented by domestic and international parts and entities. Similarly, infringements of the privileges of unity, the privileges of self-determination, or the privileges of fulfillment may under certain conditions, involve state obligations as well as civil obligations other leading factors, or if they constitute violence, genocides, or violation against human rights, sometimes illegal obligations individual citizens. When these entitlements depict significant legislative outcomes of a domestic or international sequence, their legislative consequences are not substantial and may be evaluated in democratic or legal configurations in the event of their violation or gross denial. A new tool in the toolbox that reinforced fundamental freedoms is the proclamation of the privileges of unity which was implemented by the United Nations General assembly in 2016 (Contesse, 2019). The law was passed with one hundred and thirty-one votes in favor, thirty-four votes against, nineteen democratic votes, indicating a North-South split that also occurred in regards to freedom and privileges of self-determination, and the privileges to growth.
Investigation and indivisibility of all human rights
The earlier segment characterized various types of human fundamental rights and freedoms: Civil and diplomatic rights and privileges as compared to the socioeconomic and cultural fundamental freedoms, individual freedom as compared to privileges of collectives, one-dimensional entitlements as compared to the privileges of a reinforced character. However, it has now been established that all of these privileges are interrelated and integrated (Tomislav, 2018). They circumstance each other, with the human individual, as the United Nations declaration on the privileges to the growth states it, as the primary focus and trustee of rights, nineteen and in the utterances of the preamble of international strategies, with a concentration on the perfect of unrestricted individuals enjoying the liberation from desire and anxiety. In the light of this background, interdependence, and indivisibility of all civil rights, whether or not categorized in different classes have identified prominent assumptions in international human rights discussion. A variety of illustrations drawn from the United Nations tools, declarations, and procedures can be enhanced to demonstrate this interdependence and indivisibility. The declaration of Teheran stated at the first World Summit on human rights and freedoms in 1968, noted that the human rights democratic rights are integral (Sleeter, 2018). The second World Summit placed in Vienna in 1993, stated with greater focus, that human rights and fundamental freedoms are universal, integrated, interdependent, and indivisible. The joint declaration of the 2005, World Conference reinforced this declaration. The general meeting settlement of 2006, constructing the human Rights Council again reinforced that all human rights and fundamental freedoms are universal, undivided, interconnected, interdependent, and reciprocal and that all human rights and fundamental freedoms must be entitled to a moderate and universal way on the identical foundation and with the focus. It may be claimed that reinforcing and solidifying equal words does not guarantee that it will become a truth.
Core rights and freedom
When the concepts of indivisibility and interdependence of all individual rights and freedom have gotten to be self-evident and mainly unchallenged, the question stands whether such human rights and liberty score better than other rights and freedoms because they are more important for the protection of human life, and establishing human inherent dignity and wellbeing (Lebret, 2020). For example, there is a question, of whether the right to privacy and the restriction of violence, established in articles two and five of UDHR, are more essential and important than the rights and freedoms to relax and enjoy, established in article twenty-four. The enacted human rights and freedom tools and their explanation by prosecutorial and quasi-judicial human rights and freedom authorities, strongly demonstrate that such human rights and freedoms portray or exemplify key characteristics of human existence and human dignity, and infringements of these rights. These imply a special and compulsory responsibility to avoid, cure and protect (Messenger, 2018). The illustration demonstrates that in global human rights and freedom legislations, definite rights and their preventions place especially high on the rank of fundamental principles of human existence and lifestyle. Thus the fundamental principles of human existence and lifestyle can be categorized as fundamental rights.
Are there any new international human rights?
It may be found that the standard settings and categorizations of human rights were accomplished with the implementation and introduction into the strength of particular and thorough human rights tools, especially the international clauses and provincial tools such as the ECHR, the European Social Constitutions, the ACHR, and the ACHPR (Gibney, 2018). Moreover, when a huge amount of globally acknowledged benchmarks, the standard-setting procedures did not stop but proceeded successively in order to react to broadly felt requirements to further describe the perspective context of core rights and fundamentals and give more clear and unambiguous safeguards for disadvantaged and neglected people. Illustrations of the further explanation of the perspective context of human rights and freedoms involve tools referring to the elimination of death punishment, the restriction of violence or unfair, inhuman, and demeaning treatment or penalty, and the eradication of unfair treatment on the basis of ethnical background, religious doctrine, and gender. More clear and specific prevention of specific demographic people is anticipated, in tools regarding the rights and freedoms of children, women, migrant laborers, people with impairments, people confined to mandated disappearances, and the indigenous populations.
Human rights are inseparable, interdependent, and integrated. This chapter fully supports this supposition, not as a means of blending all privileges into one that loses their separate identity, but as a way of fostering the authenticity and implications of all privileges (Drinóczi, and Bień-Kacała, 2019). Categorizing human rights into categories-civil, diplomatic, financial, cultural, and ethnic; internal and external; one-dimensional and composite did not diminish their inviolability, interdependence, and interconnectedness of human rights and freedoms.
References
Achiume, E.T., (2019). Migration as decolonization. Stan. L. Rev., 71, p.1509.
Barnett, M., (2018). Human rights, humanitarianism, and the practices of humanity. International Theory, 10(3), pp.314-349.
Baum, T. and Hai, N.T.T., (2020). Hospitality, tourism, human rights and the impact of COVID-19. International Journal of Contemporary Hospitality Management.
Bradley, A.S., (2019). Human rights racism. Harv. Hum. Rts. J., 32, p.1.
Contesse, J., (2019). Resisting the Inter-American Human Rights System. Yale J. Int’l L., 44, p.179.
Drinóczi, T. and Bień-Kacała, A., (2019). Illiberal constitutionalism: The case of Hungary and Poland. German Law Journal, 20(8), pp.1140-1166.
Gibney, M.J., (2018). The ethics of refugees. Philosophy Compass, 13(10), p.e12521.
Ginsburg, T., (2020). Authoritarian international law?. American Journal of International Law, 114(2), pp.221-260.
Lebret, A., (2020). COVID-19 pandemic and derogation to human rights. Journal of Law and the Biosciences, 7(1), p.lsaa015.
Messenger, J., (2018). Working time and the future of work. ILO future of work research paper series, 6.
Sleeter, C.E., (2018). Multicultural education past, present, and future: Struggles for dialog and power-sharing. International Journal of Multicultural Education, 20(1), pp.5-20.
Smith, R., (2020). International human rights law. Oxford University Press, USA.
Tomislav, K., (2018). The concept of sustainable development: From its beginning to the contemporary issues. Zagreb International Review of Economics & Business, 21(1), pp.67-94.
von Meding, J., Maguire, A. and Woldemariam, S.B., (2019). Forced human displacement, the third world and international law: A TWAlL perspective. Melbourne Journal of International Law, 20(1), pp.248-276.
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