NIBM II SEMESTER ANS |
II Sem Assignment-
What are your perceptions on the Universal Declaration of Human Rights? Would you like to amend any of the articles or add a new article to the declaration?
Human rights are international norms that help to protect all people every where from severe political, legal and social abuse. Example of human rights are the right to reedom of religion, the right to a fair trail when charged with a crime, the right not to ne tortured, and the right to engage in political activity. These rights exist in morality and in law at the national and international levels. They are addressed primarily to overnments, requiring compliance ...view middle of the document...
a) Human Rights are political norms dealing mainly with how people should be treated by their government and institutions.
b) Human rights exist as moral and /or legal rights
c) Human rights are numerous (several dozen) rather then few. They presuppose criminal trials, governments funded by income taxes, and formal systems of education
d) Human rights are minimal standard. They are concern with avoiding the terrible rather than with achieving the best
e) Human rights are international norms covering all countries and all people living today
f) Human rights are high-priority norms
g) Human rights require robust justification that apply everywhere and support their high priority
h) Human rights are rights, but not necessarily in strict sense. As rights they have several features. One is that they have right holders and another feature of rights is that they focus on a freedom, protection, status, or benefit for the right holders (Brandt 1983, 44).
2. The Existence of Human Rights:
The most obvious way in which human right exist is the as norms of national and international law created by enactment and judicial decision. At the international level, human rights norms exist because of treaties that have turned them into international law. At the national level, human rights norms exist because they have through legislative enactment, judicial decision, or custom become part of a country’s law. When rights are embedded in international law we speak of them as human rights; but when they are enacted in national law we more frequently describe them as civil or constitutional rights. As this illustrates, it is possible for a right to exist within more than one normative system at the same time.
Enactment in national and international law is one of the ways in which human rights exist. But many have suggested that this is not the only way. If human rights exist only because of enactment, their availability is contingent on domestic and international political development. Many people have sought to find a way to support the idea that human rights have roots that are deeper and less subject to human decision than legal enactment.
3. WHICH RIGHTS ARE HUMAN RIGHTS:
Not every question of social justice or wise governance is a human rights issue. For example, a country could have too much income inequality, inadequate provision for higher education, or no national parks without violating any human rights. Deciding which norms should be counted as human rights is a matter of some difficulty. And there is continuing pressure to example lists of human rights to include new areas. Many political movements would like to see their main concerns categorized as matters of human rights, since this would publicize, promote, and legitimate their concerns at the international level. A possible result of this is “Human rights inflation” the devaluation of human rights caused by producing too much bad human rights currency (Cranston 1973, Orend 2002, Wellman 1999,...