Assignment: Human Rights Essay
Paper type: Assignment
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Answers for 10 marks questions should be written within 350 – 450 words. Answers for 8 marks questions should be written within 250– 350 words. Answers for 5 mark questions should be writtenwithin 150 – 200 words. Answers for 2 mark questions should be answered as per the requirement. ___________________________________________________________________ Note: Each question carries 10 Marks. Answer all the questions. 1. What are the three parts of the concept of equality? Discuss on Gender Equality. (2 + 8 = 10 marks)
2. Describe biodiversity and cultural diversity. (5 + 5 = 10 marks) 3. Explain Article 24 of the Convention on the Rights of the Child. (10 marks) 4. Discuss derogable and non-derogable rights.
5. Discuss Salmond’s views on duties and rights. (10 marks) 6. Explain Multilateral Treaties. (10 marks)
1. What are the three parts of the concept of equality? Discuss on Gender Equality. (2 + 8 = 10 marks)
Three Parts of concept of equality are as under.
1 Gender Equality
2. Economic Equality
3. Social Equality
Gender equality has been defined by the various world bodies in terms of human rights, specially the right woman and economic development. Gender equality has been defined by UNCEF as “Leaving the playing fields for girls and woman by ensuring that all children have equal opportunity to develop
their talent”. It has been declared by the United Nation Population Fund that woman has right to equality. “ Gender equity” is one of the goals of the United Nations millennium project the project claims , “Every single goal is directly related to woman’s right, and societies where woman are not afforded equal rights as men never achieved development in sustainable manner.” In late 19th centuries the suffragette movement started in western countries who achieved gender equality major focus on property rights in marriage, gender liberation and feminism that resulted in changes made in to the laws. Now movement continued to focus on change in attitude of society on specific issues.
That has led to make another changes in lawa related to anti sex discrimination. It was also seen a cultural shift in the attitude to equality in education opportunity for both boys and girls and also resulted in changes to social view regarding equal pay for equal work for both men and woman. Now it can be seen in so many countries that woman are working in the areas that were primarily considered to be man’s work like woman are working in Army, police, aviation and fire fighters. It has also been seen that men are also associated to the work that was meant for woman only. Another change has been seen that in most countries woman have stopped taking the surname of her husband. Though these changes are more common in western countries but lot has to be done in nonwestern countries as far as change in attitude of society towards gender equality. I believe that continuous movement will definitely help to change the attitude of society towards gender equality 2. Describe biodiversity and cultural diversity. (5 + 5 = 10 marks)
It defines as a degree of variation of life forms within a society or ecosystem. Biodiversity is necessary for existence of healthy ecosystem.In modern world lot of changes in ecosystem is being made by human that is directly affecting in negative to the ecosystem that is resulting in to unbalancing the ecosystem that subsequently lead to extinction of some to many species in longer period of time. It has been seen that some species are not existing or extinct from the planet and it can be thought that it was never discovered. Lots of changes are being made in terms of cutting the trees, urbanization leads to destroy of forest leading to unbalanced ecosystem. Efforts are also being made in terms of lots of movement like eco-feminism, social ecology and concept of unity in diversity. Unity in diversity is basic attribute of healthy eco – communities.
There are so many cultures in planet with different traditions that basically creates cultural diversity. People are generally understands and learn different cultures and traditions when they meet each other. Lots of multicultural events are organized intra and inter countries manner that leads to helping people to understand different cultures and traditions. Sometime it is being seen that people don’t believe in the multicultural activities because they are afraid of losing their identity in form of their culture.
Here conflict arise that if diversity is considered as threat to the preservation of one’s own tradition. To overcome this issue it is important to study these tradition and reexamine the cultural practice to avoide such conflicts this might help in clearing various misconceptions and offer resolution to contemporary conflicts. These studies will help to understand that why cultures and traditions are important for the human existence Every individual or human being should try to understand the cultural diversities in his own society then to region and countries .A person should be beware of adopting any maladaptive institution which is distractive for human psyche itself.
3. Explain Article 24 of the Convention on the Rights of the Child. (10 marks) Convention of the rights of child was adopted and opened for signature, ratification and accession by general assembly resolution 44/25 of 20th nov. 1989 and enterd in to force on 2nd sept 1990 in accordance with article 45.
Overview of the article is as under
1. Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.
2. In all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration.
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct Contact with both his and her parents, unless that is contrary to his or her interests. Article 24 of the convention on the rights of the rights of the child can be explained as given below. 1 State parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health.State parties shall strive to ensure that no child is deprived of his or her right of access to such health care services. 2. State parties shall persue full implementation of this right and shall take appropriate measures – A. To diminish child and infant mortality
B . To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary healthcare C. To combat diseases and malnutrition, including within the framework of primary healthcare D To ensure appropriate prenatal and post natal healthcare for mothers. E To develop preventive healthcare, guidance for parents, and family planning education and services. 3. State parties shall tke all effective and appropriate measures with a view to abolish traditional practices prejudicial to the health of children. 4. State parties undertake to promote and encourage international cooperation with a view to achieving progressively the full realization right recognized in present article. In this regard, particular account shall be taken of the needs of the developing countries
4. Discuss derogable and non-derogable rights. (10 marks)
When rights are discussed we considered them as absolute and non derogable because of their importance and also because they are so basic in constituting the human worth of the individual. The term ‘non-derogable’ is generally used in a legal context to stipulate those rights specified in a treaty that states cannot violate under any circumstances. These differ from derogable rights.
However, there are certain rights that are considered to be ‘non-derogable,’ meaning that states have no legal basis, even in a state of emergency, to refuse to honour these rights. The right to life and rights protecting against torture generally fall within this category in most international human rights treaties and as part of customary international law, although others can be included depending on the treaty in question.
There are some rights which are considered to be very sacred and indispensable and thus no derogation from the is permitted – Right to life
Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. —Article 6.1 of the International Covenant on Civil and Political Rights Freedom from torture
Torture is prohibited under international law and the domestic laws of most countries in the 21st century. It is considered to be a violation of human rights, and is declared to be unacceptable by Article 5 of the UN Universal Declaration of Human Rights.
Freedom from slavery
Freedom from slavery is an internationally recognized human right. Article 4 of the Universal Declaration of Human Rights states: No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Right to a fair trial
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
* the right to be heard by a competent, independent and impartial tribunal
* the right to a public hearing
* the right to be heard within a reasonable time
* the right to counsel
* the right to interpretation
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used. In practice, the right to freedom of speech is not absolute in any country and the right is commonly subject to limitations, such as on libel, slander, obscenity, incitement to commit a crime, etc. Freedom of thought, conscience and religion
Freedom of religion
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. —Article 18 of the International Covenant on Civil and Political Rights
5. Discuss Salmond’s views on duties and rights. (10 marks) According to Salmond view ‘A duty is an obligatory act, which is to say, it is opposite of which would be a wrong. Every duty has a corresponding right. As example: A purchaser has right to buy the products from seller and seller has a duty to give the products to purchaser. According to Austin, Some duties are absolute. Those do not have a corresponding right. Such as, Not to commit a suicide or duty towards god etc. However, this view is criticizes by Gray, Pollock and Salmond. According to a Salmond, “There can be no duty without a right any more than there can be a husband without wife or a parent without a child”
Types of Duty:
Legal duty: A legal duty is an act which is opposite of legal wrong & which recognized by the law as duty is called Duty. Violation of this duty can bring up punishment on violator.
Moral Duty: A moral duty is created by nature which is opposite of moral wrong.
Sometimes a duty can be both legal & moral. Not to steal is moral & legal duty. At last, we can say that Right have a duty & if the duty cannot be maintain then it will be a Wrong.
By analyzing this view we can say that what is the rule right. The term ‘rule of right’ means that rule of those act which act is not harmful or conflict to people opinion. like wrongs and duties, are either moral & legal.
Moral right is recognized by the rule of morality & violation of this would be a moral wrong and legal right is recognized by the rule of law & violation of this would be a legal wrong.
CONCEPT OF MORAL RIGHT
Moral rights are rights, which are not contingent upon the laws, customs, or beliefs of a particular society or polity. That means the right which are not recognized by law is called ‘Moral right’. As example obeying parents & teacher is moral right but not legal. If someone violate the moral right then there have no punishment or damage for it. The right, which has corresponding moral duty, is also called a moral right. As example, to get respect from the juniors in age is a moral right of the seniors, which is recognized by the society. On the other hand, the senior has a moral duty to adore the juniors, which is also a moral right of the juniors.
According to Salmond on Legal right
“Right is an interest recognized and protected by rule of right. It is any interest, respect for which is a duty, and the disregard of which is wrong”.
6. Explain Multilateral Treaties. (10 marks)
A multilateral treaty is a written agreement between three or more sovereign states establishing the rights and obligations between the parties. They often result in international conference or gathering of nations done under the auspices of international organizations. Bilateral treaties, by contrast are negotiated between a limited number of states, most commonly only two, establishing legal rights and obligations between those two states only. The United Nations Convention on the Law of the Sea and the Geneva Conventions are the examples of multilateral treaties. Multilateral treaties lay down general norms of international laws or to deal in a general manner with matters of general concern to other state as well as to the parties to the treaties. Generally multilateral treaties are signed between groups of countries.
Major objective to sign treaty is to ensure smooth exchange of the goods between the group countries that will lead them to develop their economy that in turn will help to increase quality of life of the people. There are more than 500 treaties have been signed between 193 members of United Nations. These treaties can draw a law framework also on the international platform that will help other non-member and member nations to do trade between them. Generally multilateral treaties are described sometimes as law making treaties but cannot be enforced as a strict rule for future agreements or for creating some international institution. Multilateral treaties neither can nor bound non signed member to abide by rules unless it creates the customary rule on international law.
In this context we can say multilateral treaties can be used for law making but can not be true in every time as it does not bound nonsigned member to go by the treaty law but if treaty has been done between large group and rules made in the treaty are as per the regime of law then it can be used or described as law making treaties but this character in not with every multilateral treaty, example of law making treaty was General Treaty for Renunciation of war of August 27 1928. It is to be noted that multilateral treaty accepted an enforced by a limited number of states cannot create a general norm of international law. The codification process of international law admits of a widespread agreement upon norms and if this requirement is not fulfilled it is difficult to call that a particular multilateral treaty has created a general norm of international law.