An Argument Arguing For or Against Article Five from the Universal Declaration of Human Rights - Term Paper Example

An argument arguing for or against article five from the universal declaration of human rights al Affiliation) EssayPlan Introduction The introduction will contain a summative description of human torture, explaining what it entails, what the various forms are, and what can be defined as torture. It will give brief illustrations of torture as referenced from law books and case studies. It will also entail an illustration and definition of human dignity and self-esteem outlining the point at which such dignity and self-esteem may be deemed to have been violated through degrading treatment and punishment. It will also illustrate by manner of definition and explanation, the terms “degrading treatment” and “punishment”. Body The introduction contains an illustration of the history and evolution of torture in society and its contribution to the modelling of modern laws and possible future legislations. It also offers a brief look into the various forms of torture and the rationale and justification according to the times during which they happened and a convincing argument of their illogic and unjustly nature despite the immaturity of human laws at those times. The Introduction will also contain modern laws that are akin to torture and reasons why such laws should be reviewed. A brief summary of case scenarios in history of human punishment and the violation of human dignity through degradation, by action, writing or word of mouth will be highlighted. Conclusion The conclusion will be a summation of the relevance and justification of the rights of all citizens against torture , inhumane ,derogatory treatment and punishment .It espouses a final view of the paper and its end remark as pertains to the essay`s ethical ,social and political spheres. No one should be subjected to torture, cruel inhuman unjust treatment Background Human torture is defined as the intentional cause of pain either physically, mentally or psychologically, causing injury to an individual who is in most circumstances under the control of the person causing the damage against his or her will (Donnelly 2008, p. 4). The act is aimed at obtaining certain information concerning another person or about the individual being tortured, as a form of repayment for either a past deed or for an action not done, as a form of threat or fright to force an individual to either do or not to do something. An act is usually considered torturous if such when done with the knowledge of or simple consent of an official in a state or non-state organized movement. Torture occurs in various forms .The length of time over which the torture lasts depends on a varied number of factors such as the type, the ability of the individual being tortured to resist the process, the frequent conditions which led to the torture and many other variable factors. It is however a scientifically proven statistic that men and women who have been trained in the military tend to resist torture or prolong confession; they generally last longer before they are broken (Cole 2013, p. 7-8). The forms of torture that have been used over history include solitary restrictions, beating, denial of sleep by continuous exposure to bright light, conducting mock executions in the presence of the individual to induce fear, putting the individual in near-drowning scenarios to make them aware of the threat of death, mutilation of body parts whereby for example, the fingers of the individual are cut off or he is threatened that his genitals will be removed, rape, electric shocks or even hanging by the arms or legs (Donnelly 2008, p. 3). In addition to this, torture also encompasses actions that cause mental distress such as threats. Cruel, inhumane or degrading treatment or punishment can be defined by two factors; the harsh or neglectful treatment of an individual and punishment .The first factor comprehensively includes actions that may damage the health and or the physiological well-being of the individual. This by comparison is a softer form of torture and in many cases around the world goes unnoticed or is simply neglected. The second factor necessarily involves the punishment and interventions which are taken to cause physical, mental, emotional or psychological distress on the individual with the intention of lowering the self-worth or self-respect of the individual through constant humiliation. States that have ratified the convention against torture are required by international law to ensure that all acts of torture are fully involved in its criminal law (Hursinger 2008, p. 56). They are also bound by the international law to ensure that confessions that are obtained by torture are not admissible in a court of law. Those who suffer torture under the state or through ways that do not involve the state should be payed back adequately as determined by the courts of the state in question. Discussion This article will argue in favor of Article Five of the Universal Declaration of Human Rights. It will focus primarily how human rights have been violated in society and recommendation on how to treat these injustices. This article analyses torture in society focusing on its descriptive methods and the subheadings of cruel, inhuman and unjust treatment. Torture has been a part of the human society since the birth of mankind. Hajjar (2013) argues that, “...torture became an increasingly popular pat of primetime entertainment, depicted not only in “old” ways as the work of evil people but in “new” ways as heroic and necessary”. The Romans are perhaps the most famous individuals for their crucifixion as a form of torture where perceived criminals were nailed to a cross until they either died or confessed to whatever crime they were being accused of. In medieval and nearly modern European courts, torture was a fundamental part of the justice system and was employed widely in attempts to extract information from suspected criminals on gang activity, crimes and or accomplices in criminal activities. It is surprising to note that in many cases, criminals already sentenced to death would be tortured before their hour of execution to reveal the names and information ascribed to their fellow criminals. This justice system at the time seemed logical and justifiable on the basis of results since in many cases the prisoner`s confessions led to the fear of many dangerous criminals. It, however, was a very misunderstood ethical point of view of justifying the undermining of fundamental human rights in an attempt to protect society. The condemning of a man to death or life imprisonment is not a justifiable reason to violate the fundamental rights of any human being. The Jews were famously known for their stoning of criminals while the Egyptians were known for desert death. Throughout history, the dictatorial aristocrats and power-hungry oligarchs were known to use torture as a means of preventing justice, progress and in a wider perspective, change. Opposition torture in primitive times began with a statement by the pope in 1816 that prohibited it. World-wide action on it however began after world war two in 1948. A victim of torture was Omar Deghayes from Libya. He and other prisoners were tortured in Guantanamo bay. The United States has got no right to sexually abuse the inmates as was shown in pictures that leaked in public scenes. The mental humiliation that the inmates suffered through being stripped naked and having their photos uploaded to the internet was not justifiable under any argument considering the fact that they are still human beings and hence subject to protection by human laws. Within the United States, the military is accused of torturing innocent civilians and getting away with it giving unsubstantiated reasons of national security (Hursinger 2008, p. 5). Many of the people who find themselves behind torture cells in the US are usually Americans of Islamic descent or with Islamic relations (Cole 2013, p. 27). Time and again this stereotypical bias has led to the arrest and detention of innocent Americans. One such victim is Hemed Jedir. Jedir was born in Syria but is a Canadian resident. In early 2006, he was arrested and detained without trial. During this period he was tortured and then one day released without explanation. This unmistakable disregard for human rights should not be excused; such deeds can only lead to more feelings of dislike between the armed fighting factions. As one of the most influential nations in the world, it is fearing that America has a torture policy. The policy is an obstacle towards social justice and ideological advancement. Torture should never be an option. In Africa, migrants travelling from Senegal through Yemen as they went to Saudi Arabia in search of work were detained, beaten and robbed by the traffickers. The gangs set up camps at a region known as Haradh where they held their captives and threatened them into telling their loved ones that they needed more cash to travel to Saudi Arabia. The gangs then took the money that the families sent. This is a typical scenario of a non-state form of torture whereby individuals are tortured by organized non-government related groups. It is the role of the government to take action against such groups as they pose threats to national security and also threaten basic human rights. The governments of the countries involved should come together in tackling not only the problem of illegal immigration but the harassment of the citizens of Senegal by these conmen. In Tunisia, a man going by the name Mohamed Ali Snoussi was allegedly tortured and abused while in police custody. The body of the deceased had bruise wounds on the neck ,head, legs and back which showed indications that he had experienced some kind of physical trauma prior to his death. An incident such as this whereby an individual die in police custody is usually in most cases swept under the carpet and the families of the bereaved never get the justice that they deserve. There is a culture among police officers whereby they do not implicate each other in situations where they find themselves on the wrong side of the law (Hursinger 2008, p. 8). This culture needs to stop and the police officers who are found to be executors of such crimes ought to be brought to justice. It is true that sometimes in the fight for justice, mishaps do tend to happen and accidents are inevitable, however, ignoring such occurrences can only lead to more injustice (Cole 2013, p. 2) hence they should be brought to light so that justice can take its course for the victims. Conclusion All human beings across the world should be treated equal. “...the enunciation of equality and non-discrimination in legal terms can be seen as essential tool to guarantee the universality of human rights” (Brems 2001, p. 4). Condemned criminals are human beings and thus since the law provides the fundamental human rights that should apply to all humans, in case of an insurgency, insecurity, coup or any unforeseen circumstance, the state is obligated to uphold human right in their quest to solve the conundrum. References Brems, E. (2001). Human Rights: Universality and Diversity; Boston US. Martinus Nijhoff Publishers Cole, D. (2013). Torture Memos: Rationalizing the Unthinkable; Mielow US Vintage Pubshers Donnelly, M. (2008).The Big Book of Pain: Torture and Punishment through History Sao Paulo US. Borm Publishers Hursinger, G. (2008). Torture is a moral issue: Christian, Jew and Muslim Perspective. Michigan US. Oxford Publishers Hajar, L. (2013). Torture: A Society of Violence and Human Rights; Routledge London Publishers Read More