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On Human Rights - Essay Example

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Name: Instructor: Course: Date: Human Rights Women and girls are subjected to various forms of human rights violations, according to Arati Rao. First, local conflicts between ethic and political subgroups may portend international repercussions, with violence against women becoming entrenched in economic and political global structures…
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Essay on Human Rights
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"On Human Rights"

Download file to see previous pages On the other hand, Gays, lesbians, and bisexuals are also subjected to human rights violations. According to Nussbaum, these human right violations include denial of the right to marriage and its social and legal benefits, denial of rights to serve in the military, discrimination in education, employment, and housing, as well as lacking the right to carry out consensual sexual relationship with another adult without having to cop a criminal penalty. Gays, lesbians, and bisexuals are also denied the right to be protected from violence. This paper will discuss the various human rights violations against these groups, why these violations occur, and what can be done to address the problem. Women and girls, as well as gays and lesbians, are subjected to these violations because of various reasons. The most significant is because of the focus placed on the public sphere when discussing human rights, while ignoring the private sphere (Maran & Angela 12). The invisibility of victims undergoing violations of their private rights is normally reified with any appeal to the standards of human rights. The absence of rights such as those on sexuality and fertility for a long time has been unfavorable to the rights of women and girls. Additionally, the contradictions in human rights wording cause partial and confused treatment of the family. The private nature of the family, as is the focus of most human right laws, allows gender discrimination to go on unchecked. With gays and lesbians, the confusion on their definition counts as a reason why their rights are being trampled. Lack of proper definition of gays and lesbians for a long time has made their rights unattainable. Arati Rao and Martha Nussbaum are in agreement as far as the cause of discrimination for their respective groups is concerned. They pinpoint the control of the nature of family by the state, as a major contributor to human rights violations for both groups. Rao contends that the state, normally controlled by men, will define family values in a manner that is male friendly, avoiding having to deal with the nature of abuses perpetrated against women. Nussbaum also uses this argument by claiming that homosexual marriage is difficult to entrench since the nature of the family is left to a heterosexual dominant state. The law should not take a stringent enquiry into the behavior and character of the couple before allowing them the benefit of marriage status. The two authors, however, have different views on the course of action that these groups should take in ensuring that their rights are respected. While Rao is adamant that there must be greater emphasis on the nature of family and claims that women can only gain their full rights if the family unit is diversified and redefined, Nussbaum is more of the idea that the society at large has to accept homosexuals. The public sphere is more important to Nussbaum, while Rao is more concerned with the private realm of family and market to ensure that women rights are fully respected. The authors remedy the situation through pushing for the recognition of the family unit in the discourse of human rights law. There is a need to divorce the state-family relationship in order to allow the family to diversify. As concerns women and girls, the state control of the family unit ...Download file to see next pagesRead More
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