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Human Rights Standards are Vague and Lack Effective Enforcement Mechanisms - Essay Example

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Human Rights Standards are Vague and Lack Effective Enforcement Mechanisms Introduction International human rights standards govern our interactions with each other as citizens of our home country, as well as citizens of the international community. This study shall discuss the thesis: human rights standards are vague and lack effective enforcement mechanisms…
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Human Rights Standards are Vague and Lack Effective Enforcement Mechanisms
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Download file to see previous pages ..shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures...secure their universal and effective recognition and observance” (UDHR, n.d). In effect, the law clearly established the importance of establishing standards for all nations in promoting respect due to every citizen. Some of the provisions of the UDHR however, are vague and are filled with different issues in enforcement. Article 1 alone has various vague and unspecific terms which cannot be clearly pictured on a more practical application. As discussed by various legal experts, the provisions of the UDHR are vague and are too general or sweeping in their contents. They do not contain sufficient specifics in order to guide the people, and other individuals called on to implement its provisions. The provisions of the law are drafted generally and are also general in their language, without clear indications on the rights of the people being protected (Dugard, 2009). The imprecise nature of Article 3 also leaves major gaps in enforcement, gaps which often have to be filled in by enforcers who are prompted to make their own judgment (often subjective) on the violation of the UDHR’s provisions. This declaration was originally planned as a statement of objectives to be implemented by different governments, and they were originally not part of international law. However, in 1968, the UN International Conference on Human Rights declared that the UDHR would form part of the obligations of members of the international community (Dugard, 2009). As a result, the declaration became part of the international laws applicable to all nations of the world. As such, the coverage of these laws became more extensive. In relation to the domestic implementation of the UDHR’s provisions, there are major issues in the distillation or decentralization of these laws. There are issues for some of these countries agreeing to the application of the provisions of the UDHR (Donnelly, 1984). Some of these countries’ laws, especially those in the Middle East including Iraq and Afghanistan, conflict with the international provisions of the UDHR (Article 2) which includes provisions on the rights and freedoms of women. These nations have not adequately resolved the issue on what to do in case there is such a conflict, as such, the implementation of the UDHR’s provisions are suspended pending their decision on this matter (Koh, 1998). And for some countries, especially those in the Middle East, decisions on this matter can take years to finalize. In the meantime, violations on the provisions of the UDHR may sometimes go unpunished and even unnoticed by the concerned authorities. This was apparent in the case of Afghanistan who, for many years suffered under the Taliban rule, enduring this abusive regime. For countries with limited resources and reception of international laws, the enforcement of the UDHR may be reduced (Koh, 1998). This would allow for the proliferation of violations in human rights in these countries, compromising the efficacy and the reach of the international laws within domestic territories. Issues on the enforcement o ...Download file to see next pagesRead More
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