Thursday March 30 , 2017

Human Rights Law

Human rights are "fundamental rights and freedoms to which all humans are entitled". The policy of human rights aims to recognize the essential positive & negative fundamentals for a "universal" least standard of justice, acceptance & human dignity that can be considered the public moral norms owed by and to individuals by the mere virtue

of their humanity. Such prerequisites can exist as shared norms of actual human moralities, as justified moral norms or moral rights supported by strong reasons, as legal rights at a national level, or as a legal right within international law. Human rights advocates look for the strong defense of human rights through their effective realisation in each of these ways. The claim of Human rights is therefore that they are universal, in that they are possessed by all by virtue of the fact that they are human, and independent in that their existence as moral standards of justification and criticism is independent whether or not they are recognized & by a exacting national or international legal system. or government.

The general idea of Human rights has widespread acceptance, and it has been argued that the doctrine of human rights has become the dominant moral policy for regulating and evaluating the moral status of the contemporary geo-political order. Definitely, the Charter of the United Nations which has been signed by virtually all sovereign states recognises the existence of human rights and calls for their support and respect. However, debate and difference over which rights are human rights, and about the exact nature, content, justification and suitable legal status of those rights continues. The Universal Declaration of Human Rights has acted as the predominant modern codification of commonly established human rights principles and many national many international documents, treaties and instruments that have expanded on its principles and act as a collective expression of wide conceptions of human rights by the international community. Examples of rights and freedoms which have come to be commonly thought of as human rights contain civil and political rights, such as the right to find human rights life and liberty, freedom of expression, and equality before the law; and economic, social and cultural rights, including the right to contribute in culture, the right to be treated with respect and dignity, the right to food, the right to work, and the right to education.

“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”

—Article 1 of the United Nations Universal Declaration of Human Rights (UDHR)

International Law

Modern international conceptions of human rights can be traced to the aftermath of World War II and the foundation of the United Nations. Article 1(3) of the United Nations charter set out one of the purposes of the UN is to: "[t]o achieve international assistance in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging value for human rights and for fundamental freedoms for all lacking distinction as to race, sex, language, or religion". The rights espoused in the UN charter would be codified in the International Bill of Human Rights, composing the Universal Declaration of Human Rights, the International agreement on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

Human Rights Council

The United Nations Human Rights Council, formed at the 2005 World Summit to change the United Nations Commission on Human Rights, has a mandate to examine infringement of human rights. The Human Rights Council is a subsidiary body of the General Assembly and reports directly to it. It ranks below the Security Council, which is the ultimate authority for the explanation of the United Nations Charter. Forty-seven of the one hundred ninety-one member states sit on the council, elected by simple majority in a secret ballot of the United Nations General Assembly. Members serve a maximum of six years and may have their membership suspended for gross human rights abuses. The Council is based in Geneva, and meets three times a year; with additional meetings to respond to urgent situations.

Independent experts (rapporteurs) are retained by the Council to investigate alleged human rights abuses and to provide the Council with reports.

The Human Rights Council may request that the Security Council take action when human rights violations occur. This action may be direct actions, may engage sanctions, and the Security Council may also refer cases to the International Criminal Court (ICC) even if the subject being referred is outside the normal jurisdiction of the ICC.

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