This research paper focuses on significance of PRC Constitution which was laid down on human rights in China. It involves studying all aspects such as politics, law, human rights, governance and studying judicial involvement in constitutional enforcement…
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The intention of this study is government of a Republic of China that is not only reliable to have duties and powers but also imposes national constitutions containing various provisions which guarantee fundamental human rights of citizens and helps in strengthening relationships between state and individual. One of the main constitutions enforced in China instituting human rights is the People Republic of China. It is commonly known as People Republic of China Constitution, with no exemptions. However, some legitimate rights in China do not provide any guarantee which is worthless. Though presently it is enforced, in spite of fact either someone will be able to take judicial remedies, regardless of identifying by whom or how it will be committed, this is entirely a different issue. It is imperative to identify that either there should be a mechanism in China to enhance the effective enforcement of rights protected by constitution. Unless and until this is enforced, constitution will not result in a working or living element of social reality. Therefore in order to study the importance of these things in China it is imperative to identify effectual mechanism of constitutional enforcement, studying the relationship of politics and law which influences the progress of constitutional development tin China. China requires redesigning its constitutional reforms and should give more importance to the regime. (Abbott K W, 2000). 1.2 Human rights Human rights policy in China is based on two pillars. First is the system where member of states negotiate with the commissioner on human rights which was established in 1946 by social and economic council. Second is human rights treaty body and conventions which states commits through legal rectification and actions. This human rights policy has supported the state in protecting and promotion of citizens. Value oriented human rights practiced by China have laid the principles of statehood such as ethnicity, nation, culture, ideology and religion. It serves as a constrain between arbitrary and state hegemony, by protecting individuals rights and provides the foundation of building a relationship among citizens and states. It is the cornerstone for establishing constitutions in relation to human rights which are determined by international law and in public. It includes both WTO rules and ILO standards. Thus, human rights are highly controversial and political. All states are requires to protect and respect human rights and should do everything to fulfill their desires. In recent general assembly in China, stressed on the fact that these rights are indivisible, universal, interdependent, interconnected and mutually reinforcing. All states irrespective of differences in cultural, political and economic perspectives should protect and promote human rights. The human rights treaty body imposes China legal system to comply with the monitoring committees in order to ensure effectiveness in the system. State is obliged to submit a periodic report on treaty bodies, in order to review their objectives, present situation and supply assistance at national level. This will help to monitor the entire system effectively and to propose relevant changes in it (Dong Zhenang, 2000). 1.3 The importance of constitutionalizing human rights Importance of constitutionalizing human rights has increased in almost all the countries. Almost all the countries in the world have their own national constitutions. They not only emphasize on the rules and regulations led by the government but also emphasizes on legitimate obligations and rights of citizens. In relation to Chinese constitutional law all parties such as enterprises, state organs, individuals and political
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(“Human rights constitutions Essay Example | Topics and Well Written Essays - 3000 words”, n.d.)
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(Human Rights Constitutions Essay Example | Topics and Well Written Essays - 3000 Words)
“Human Rights Constitutions Essay Example | Topics and Well Written Essays - 3000 Words”, n.d. https://studentshare.org/history/1391863-human-rights-constitutions.
South Africa for example chose a Truth Justice and Reconciliation Commission at the end of the apartheid rule as the preferred path of pursuing justice for the atrocities committed during white rule. In Libya, the crimes committed during the rule of the slain leader Muammar Gaddafi especially the violation of human rights led to the Libyan Revolution of 2011.
Sexual relationship is widely considered as an inevitable part of human life and with the rapidly growing complexities in the outer world configuration, this most private manifestation of human life is also witnessing transition which evidently provides a disclaimer to gender hierarchies and national identities.
Regional human rights instruments may choose to consider human rights and support human rights compulsions being achieved inside particular framework. The lawful rank fluctuate among these instruments, consisting of declarations, rules, strategy, principles and standards, even though most have no necessary official outcome unless States allow or comply to instruments such as agreement, edict, etiquette and conventions.
Treaties between states provide international law that has a binding legal effect between the parties that have agreed to the respective treaties. On the other hand, customary international law develops from the consistent conduct of states based on the belief that such behaviour resulted from legal requirements.
Human rights can be expressed in a variety of local and international mechanisms. Human rights are essential because they promote the dignity of individuals and allow them to attain their maximum ability. Countries that acknowledge human rights turn out to be dependable international associates.
However, the mass atrocities committed during World War II provided impetus for the recognition of the necessity of promoting and preserving human freedom and rights, which recognition is embodied in international documents such as the Atlantic Charter (1941) and the Teheran Declaration (1942).
With the global onslaught of war, poverty, violence against women and children, AIDS, and racial discrimination, protecting human rights seems to be a daunting and elusive task for the United Nations. The Universal Declaration of Human Rights (UDHR) is the pioneering document of modern human rights doctrine.
If that is a fiat accompli, how could anyone say that “it is clear from Section 3 of the Human Rights Act 1998 that the European Convention on Human Rights has, in one sense, a lower status than ordinary statutes, in that it
Moreover, the basic functions in which human rights were created to serve were to ensure equality among men in different spheres of life, and endowed individuals with an opportunity to have life, liberty and happiness in all corners of the planet.
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