The Universal Declaration of Human Rights - Essay Example

? The provisions for the enforcement of human rights within the United Nations conventions indicate that there are some rights which are more important than others Name Institutional affiliation Tutor Date Introduction For humans to live abundantly as human beings, they require a legal system referred to as human rights. These are collectivizing comprehensive statements that include all human rights in terms of culture, economic, social and economical. These are also referred to as independent bodies of human rights as illustrated in the Universal Declaration of Human Rights in 1948. 1 This approach ensures that all human beings are treated well and equally. Human rights go hand in hand with fairness and equality. They distinguish individual liberty to make a selection concerning individual life. Human rights are also concerned with freedom and aggravation or favouritism.  The current human international law was developed after the Second World War, and that is when the 1948 Universal Declaration of Human Rights was developed. Several treaties have been developed, and specific human rights have emerged in the Universal Declaration. 2 During the year 1966, the International Agreement on Social, Economic, and Social Ethnic Rights, and International Agreement on Civic and Opinionated Rights was developed forming the International Bill of Human Rights. Other treaties were also developed in the universal level which included; 3 International symposiums on abolition of all types of ethnic discrimination.  Conference on the removal of discrimination of women, Resolution touching torment and other unkind cruel conduct, Conference on the rights of the teenager, Principal on the rights of disabled people, and Global Conference for the defence of all People from imposed Departure.  1 The Universal Declaration of Human Rights was adopted by the United General Assembly for Human Rights 3. The structure of this declaration was developed by Cassin, and it was derived from the original draft developed by John Humphrey.  In this structure, article 1 and 2 form the foundation of this structure, and it contains the principal of dignity, equality, brotherhood and liberty of individuals 4. The important part of the constitution consists of a column illustration article 3 to 11 that advocates for individual rights, and defence from slavery. In the next column, article 12 to that illustrate rights of people in affairs of state and civic society. The following column consists of article 18 to 24 that illustrates spiritual and political freedom such as freedom of worship. The last column, illustrate article 22-27 that displays social, cultural and economical rights. The last part of this structure summarizes all parts of the declaration.   These structure talks of peoples’ duties to the community and the ways used to implement the rights as per requirement of United Nations 5. The Universal Declaration of Human Rights has been adapted by United Nations and has been essential among nations. Though, the declaration has turned out to be part of habitual international laws, this law is the foundation of practice in Intercontinental court of impartiality. This declaration has also had an incredible inspiration in the charter of other countries 6. In addition to this, the declaration has acted as the foundation of two main United Nations human rights agreements.   2  Koch argues that Civil and political right consists of social satisfying elements. These elements are considered non justifiable under the connection on economic, cultural and social rights. This approach has been put together and described in the legal review, though, a significant explanation has not been given to justify the level at which legal factors can be attributed to social factors under the agreement of civil and political rights 7.  The two fundamental ways of operational on human rights are the reactive method and the proactive method. The reactive method looks at conflicts, and looks at how conflicts occurred. The proactive method is mainly concerned with using human rights as the basic set of laws for expansion on indoctrination and assistance.  Some of the misconceptions about human rights include 8, human rights are modern and unfamiliar to many cultural backgrounds, social, cultural and economic rights are not rights.  Human rights put a lot of stress on the person and not society. This rights stress on the rights instead of tasks. These human rights hearten adversarial and controversial methods instead of cooperation and agreement. The rights support positions instead of advocating for change.   Apprehension is also put across about choices and dual principles in the way human rights are implemented by influential States over insubstantial or poor States. In the module of working using the declaration document states have to clarify misconceptions on human rights 9.3 Some of the human rights principals as stipulated by the declaration document are;    human rights are inalienable and universal where everybody has the right to use and own them. People who use rights cannot willingly give them up nor can other people obtain them.  As affirmed in article 1 every person is born liberated, and equivalent in self-respect and human rights.  Human rights are inseparable, be it culture, civic, political, economical, societal and description. They are all innate to the self-esteem of every human being. Therefore, they all possess equivalent category as rights, and may not be ordered as superior.  However, to state that all rights are equivalent in rank does not denote that indoctrination to attain all rights ought to be handled concurrently. In realistic, the process of development should start from the beginning with clear rights slightly over others. The main concern will be based on background, and the issues being tackled 10.  Understanding of individual rights regularly depends completely or partially, on comprehension of others. For example, understanding right to physical condition might depend on convinced conditions on comprehension of right to learning or right to knowledge.  Every human being are alike, and by good worth of intrinsic self-esteem of every individual. Everybody is at liberty to civil rights without favouritism such as, ethnic group, colour, gender, civilization, age, dialect, religious conviction, politics, judgments, state or communal origin, disability, possessions or other position as illustrated by rights agreement bodies.  Every human being and all populations are at liberty to take part in the significant contribution in involvement, satisfaction of civil, social, cultural, political and economic expansion in which constitutional rights can be achieved11.4 The government and other responsible members of the society are accountable for creation of human rights, in that, they ought to obey officially permitted rules, and principles included in the description of human rights 12.   The right to be acquainted with information and liberty of knowledge are vital to security clearness and responsibility. All human rights are equal, but others are more important than others. Economic and social rights have had challenges of being accepted on equal grounds as other rights such as political rights. Mainly because of political ideologies for instance, it is important for any individual to perceive that all the basic needs are important for all individuals. Politicians are much aware that this policy cannot win them votes 13. Consequently, politicians justify why social and economic rights are dissimilar. The first assertion suggested is that economic, social rights are either practical or achievable, and that they should be considered gradually.  This method has been accepted. In that, countries have to demonstrate that they are enchanting channels in the direction of gathering these objectives 14. The assertion on the other hand, is positively open to disagreement and seems to be based on opinionated views. Many autonomous researches demonstrate that there are adequate funds in the community, and sufficient knowledge to guarantee that individual’s fundamental needs might be obtained if a concentrated attempt was put into consideration. 15 Research studies illustrate theoretical distinction between initial and subsequent rights. The initial rights require countries to cease from specific activities, and are known as negative rights.  The subsequent rights needs an optimistic involvement from states they are known as positive rights 16. It is not practical for states to acquire optimistic procedures in a short time, and they are not enthusiastic to take part in the process.   Misunderstanding can occur from the reason that the social and political rights are entirely pessimistic. For a country to practice liberty, the leaders should abstain from enticing people.  Reliable independence in this area would need a difficult system of   assessment in terms of developing a policy protecting human rights 17.  A number of rights are unenthusiastic rights.  Unenthusiastic rights are characteristically rights not put under converted circumstances, such as right to liberty of communication or self-government.  Unenthusiastic rights are frequently right to non- intrusion. 18 They inflict roles on others and make personal decision without influence from others.  They also bring an enormous transaction of normative influence, in that individuals put a huge significance upon intermediate the unenthusiastic rights of other individuals.  Optimistic rights are frequently rights to obtain some subsidy, like right to education or physical care.  In cooperation, they are contentious types of optimistic rights.  Optimistic rights vary from pessimistic rights. Pessimistic rights are typically based on things about the holder. Individuals have a pessimistic right to independence because people construct choices that trouble them, but optimistic rights are on a regular basis not based on effects about the holder.6.  Some optimistic rights, like right to get salary after working, are based on conclusion made by the concerned parties.  Other optimistic rights are based on believed conceptions of human relations, like right to health facilities or cleanse water 19.    Women experience some major human violation because they are women. Such crimes against men are regarded as violation of civil and political rights.  Violations against women are not considered violation of human rights. This problem is theoretically based on how the society treats women. Women are violated in different ways like, political depression just the same way the males are oppressed politically, but in this case women are unseen. Women also experience sexual abuse which is a violation of human rights, but nothing is done to protect them.  The optimistic rights are at a limited level than pessimistic rights.   When one   neglects individual right, it is not essential for one to   conduct similar damage by   revenging.  Once right to self-sufficiency obviously relates to a responsibility of non- intrusion for another individual. Though,   it is less noticeable when an individual’s roles in protecting once right is presented.  Optimistic rights are less noticeable, and affecting them is frequently seen as a chance of violating an individual pessimistic rights.  Generally, all the rights are protected, and those that are not protected are typically treated in a proper way. Optimistic rights are challenging, and the politicians politicizes them difference between optimistic and pessimistic rights. For example, many politicians advocate for improved health care facilities making it look like a negative right 207.   Several nations disagree on which human rights are more important than others. Some nations have illustrated that importance should be given to rights like social, cultural and economic rights 21. Others illustrate that the countries’ cultural background cannot be used to determine the rights of people within the society. Other nations have indicated that political and civil rights should take preference, and that the chances of the government meeting the social, cultural and political rights would be difficult to achieve. Though, there has been an extensive conformity among the United Nations that human rights are indivisible, interrelated, universal and interdependent.  All rights are significant and essential in developing a solid and healthy community 22.    Human rights in Australia are secluded in different ways such as, independent courts, centuries of extensive law, Australian agreement, and the rules of States, free and fare elected governments, and an open-minded media. Australia has assisted in development of a variety of universal human rights regulations and principles. They have also become part of an agreement, and have corrected human rights. This implies that the government has approved to support human rights principles 23. Though, signing an intercontinental treaty does not denote that human right main beliefs involuntarily develop into Australian rules, they have to be recorded into local law. Some of the laws that they have been incorporated into human rights laws in Australia include, Act 2004 age discrimination, Act 1984 sex discrimination, Act 1992 disability discrimination and Act 1986 Human rights and equivalent opportunity committee Act 1986. These acts do protect citizens from favouritism or pestering in the place of work and different parts of communal life, based on their, race, age colour, ancestry, state, cultural origin, gender, disability, marital status or pregnancy.  Studies indicate that state governments are responsible for coming up with decisions, and administering human rights laws that are related to human rights of the specific government. These laws includes land related issues, judicial system, health related issues and education. International laws do not justify malfunction to look into global accepted human rights. Though in practice national system can tackle the role of supporting individuals who are in position to access their rights, the common state makes decisions to check if the government observe global international human rights laws. However, this does not make Australia government accept the laws as officially enforceable within its state 24. They require specific Australian government rules since without these rules, rights are not legal within state court. Historically, Australian government takes an active role in creation of International human rights. With the creation of new international principals the government has either implemented or authorized non controlling principals such as the general declaration on human rights 25. 24 - Pooja, P. (2008). Revisiting the human right to water. The Australian Feminist Law Journal, Vol. 28 (2008), pp. 77-96. 25 -ibid Pronouncement on the rights of disabled persons, or has ratified obligatory legal tools like the  agreement on political and civil, and on social, cultural and economic rights, the conventions on ethnic favouritism, discernment against Women, and the  children rights  and the principle in opposition to torment. Three mechanisms have been ratified by the Australian government to provide people the right to protest to United Nations members about Infringement of individual rights 26.            The lawful defence of human rights in this country is based on an amalgamation of common laws and ruling laws. Ruling laws is the rule of the commonwealth legislative body. In the ordinary law, customary freedoms are confined by traditions, and the established practice set by preceding court rulings. The ordinary law is an adaptable tool that is able to understand rights in the insubstantial of varying situation. Though, a number of rights might not be ingrained in the ordinary law, the social or political rights can be agreed on based on main concern above human rights. In addition to this it is always unlocked for the state to get ahead of new rules moreover, to supersede ordinary law or to break accessible rules that consider human rights.  Australian democratic system is a significant defends beside these potential being out of  hand, except it may not be understood that an electorate will provide the main concern to human rights electing leaders. In Australia, people think of human rights as the violation that take place outside their country. Human rights are associated with problems such as torture, political authoritarianism, subjective detention or additional judicial implementation.  26 -ibid Occasionally, intimidations like these ones occur in a foreign country, and there is a predisposition to conduct an evaluation of human rights. The challenges in Australia are inconsequential. On the other hand, human rights neglects occur in all countries, as well as Australia. If they come about they affect the self-respect of other members of the community, and reduce acknowledgment of universal humankind. Eventually, the degree to which human rights are confined in Australia are based on the principles of the Australians 27. The intensity of these principles is often experienced, predominantly when human rights problems occur, society values are frequently altering.   8 The expansion and distribution of Intercontinental human rights principles outline these principles to defend human rights. According to the Universal Declaration document violation of human rights involves civil and political rights, though economic social rights and political rights are also involved. Consequently, Australia government is evaluated based on the Universal Declaration documents whereby there are numerous human rights violations that need to be addressed, especially for marginalized group of people.  Discrepancy about the level of human rights challenges in Australia is part of a challenging point of view. Individuals that are employed and enlightening have the chance of having better ways of leaving. Individuals who are poor might not be capable of seeing challenges from the view of individuals undergoing favouritism. They might not be proficient to entirely value influence of such tribulations on experienced persons, families and societies.  In Australia, women and other people may go through delicate or inadvertent favouritism in the place of work. Children undergo violence in the playing field or the dwelling place. Regardless of what an individual falls is in community status rank, they might one day go to court to fight for their rights. Individual’s participation in human rights might also engage foundation for those topics to human rights mistreatment in other areas.  When individuals fail to handle the human rights principles, the subject and individual substance security is not implemented as a result of this disappointment makes many inhabitants from attaining their possible.  Self-determining institutions like forgiveness. International leaders have designated locations   interests in Australia, mainly the policies and proceedings connecting to native people and to Australia's conduct of refuge seekers 28.  9  The government has been criticized on these issues by the United Nations members. A lot of complaints are taken to court concerning favouritism, be it is cultural or gender discrimination or disability. In the areas of  social, cultural and economic rights, countless are affected by drawback, through controlled access to physical condition or learning facilities, accommodation, employment opportunities or other essential needs. Australia is a member of the court community. As a member of the society, the government has a responsibility of investigating and determine complaints made by individuals against human rights. In areas concerned with age discrimination, discrimination against disability, discrimination against race and discrimination against gender, the government has the responsibility of educating people and making them aware of their human rights. This can be achieved through education, and giving the government advises on how to handle legislation of human rights within the society 29.   The government can take a verity of actions if they want to handle problems associated with human rights. These actions include public debates and political awareness on human rights. Getting involved with non governmental bodies, and advocating for human rights taking violations to court or even to the United Nations Bodies. In Australia, basic human rights are rights that have been agreed upon by all countries. For example, freedom of life, freedom of communication, freedom of religion, the right to health facilities, the right to obtain education and the right to have good conditions of living 30.  Indicators that can be used to determine human rights include measurements used to assess the extent to which human rights are violated within the community. The development of these human rights is slightly difficult because the human rights are not divisible, independent and interrelated. They are also difficult because realizing these indicators take long, and they are too procedural to establish 31.  The first step in determining human rights indicators is by determining components of a right.  Like right to education has many components of education these are the right to basic education, right to literacy education and right to vocational training. Secondly, it is essential to set nationwide benchmarks or goals of accomplishment like level of literacy. It essential to recognize the attendant duties in terms of  important satisfaction that is responsibility to value, defend, encourage and meet the  time structure  or progressive  aspect of this rights.    30- ibid 31- Optional Protocol to the International Covenant on Economic, Social and Cultural Rights 2008 Human rights structure affects measuring both behaviour and consequence. Human rights might engage presentation of principles like police activities.  Measuring on the other hand, necessitates determining information this is because human rights are for all individual despite ethnicity, belief, sex, age, among others.  Lastly, there is the need to collect data, and analyze to determine human rights indicators. Indicators are used to determine what is required in human rights like, primary school enrolment and registration. Human rights on the other hand, are universal and their bench marks must be set at national level in a manner that does not affect the human rights 32.  There are several notions on human rights that require assessment. These are development, retrogression in realization of violations or denunciation of rights, accomplishment of responsibilities or fulfilment with roles 33. This is because the ancient stress on human rights preparation on violations, strategies for assessing violations are highly sensitive. Furthermore, the absolute continuation and visibility of a sufferer makes it free to assess violations 35.  The method for assessment development in understanding of human rights is highly limited and within is a dispute for all the human rights society and the expansion, dispute, as well as the chance for affiliation 35.  10     Conclusion  Human rights are obligations of democracy recognized by tradition or worldwide conformity that inflict principles of behaviour on all states. Human rights are discrete from civil freedom, which are liberties recognized by the law of choosy state and practical by that situation in its own authority. The specific human rights include the right to freedom, right to education, right to expression, religion, movement, race, age, language, gender, basic education and employment. These human rights have been defined by the international human rights conventions, made treaties and by established organizations. Though, there is a disagreement on which human rights are more important than others, it is important to note that all human rights are important and should be protected in that there is no superior right to another.  References Evans, M.D (2006). (2nd ed), International Law. Oxford: OUP. (KZ 3410). Freeman, M. & Ert, V. (2004). International Human Rights Law. Toronto: Irwin Law. (K 3240 .F7442 2005). Freeman, M. (2002). Human Rights. Cambridge: Polity Press. General Assembly’s Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, proclaimed by General Assembly resolution 36/55 of 25 November 1981. International Covenant on Civil and Political Rights,1966. Joseph, S., Schultz, J. & Castan, M. (2004). The International Covenant on Civil and Political Rights Cases, Materials, and Commentary. Oxford: OUP (K 3240.J667) Koch, I. (2006).Economic, social and cultural rights as components in civil and political rights: a Hermeneutic perspective. International Journal of Human Rights; 2006, Vol. 10 Issue 4.  Krause, C. &Scheinin, M. (2009). International Protection of Human Rights: A Textbook. Abo Akademi University. Langford, M. (2008). Social Rights Jurisprudence: Emerging Trends in International and Comparative Law. Cambridge: Cambridge University Press. Lynne, C. (2002). The Human Body on Trial: A Handbook with Cases, Laws, and Documents. Santa Barbara: Calif. Monk International Humanitarian rights 23-56 Moore, C. (2003). Women and Domestic Violence: The Public/Private Dichotomy in International Law, 2003; Vol. 7, No. 4. Mullally, S. (2006). Gender, Culture and Human Rights: Reclaiming Universalism Oxford and Portland: Hart Publishing, OR 2006 (K 349 .M85 2006). Optional Protocol to the International Covenant on Economic, Social and Cultural Rights 2008. O'Sullivan, D. (2000). International Journal of Human Rights, 2000, Vol. 4 Issue 1. Pooja, P. (2008). Revisiting the human right to water. The Australian Feminist Law Journal, Vol. 28 (2008), pp. 77-96. Schutter, O. (2009). “The Status of Human Rights in International Law” In Krause and Scheinin, International Protection of Human Rights: A Textbook, pp. 39-60. Steiner, H.J, Alston, P. & Goodman, R. (2008).International Human Rights in Context: Law, Politics and Morals (3rd edn). Oxford: OUP. (K 3240.3 .S74 2008) Steiner, H., Alston, P. & Goodman, R. (2007). International Human Rights in Context:  Law, Politics and Morals (3rd edn). Oxford: OUP, Oxford. Symonides, J. (2003). (ed). Human Rights: International Protection, Monitoring, Enforcement. Aldershot: Ashgate and UNESCO. (K3240.H365 2003). The International Covenant on Civil and Political Rights: Introduction 151-159. Read More