The Right to Truth - Assignment Example

The Right to TruthRight to truth is a fundamental right that must be enjoyed by every citizen regardless of the social, economic or cultural background. The right to truth gives victims of human right violations and their families an opportunity to understand the circumstances under which the violations occurred and the reasons. It then serves as a form of justice that works to bring healing, acceptance and reconciliation. For example, in the case of a missing military combatant the state have an obligation to disclose the circumstances under which the officer disappeared so that the family members can accept and move on (Commission on Human Rights, 35).

A possible limitation and challenge to implementation of the right to truth is lack of compliance by the state agencies. For example, the ICC was established as a mechanism to implement right to truth and many states signed and agreed to be state parties. Unfortunately, some states are withdrawing from Rome Statute while others fail to provide evidence necessary for the court to establish the truth. Overreliance on the states is also a limitation. Other rights such as the right to get impart information, right to be free from ill-treatment and torture, right to effective investigation and hearing by independent, competent and impartial tribunal relies on the right to truth.

For example, in a gross human rights violation case such as enforced disappearance, extrajudicial executions, torture and other crimes enshrined in the international law victim's relatives deserves to know the truth about what happened in the past (Commission on Human Rights, 41). The national human rights bodies, national criminal tribunals, commissions of enquiry, truth commissions, International Criminal Tribunals and other administrative bodies work collaboratively to define truth depending on the context.

Human Rights High Commissioner recommends that these institutions critically examine the scope and content of truth. Sometimes legal proceedings determine the meaning of truth given the evidence presented and parties involved thus, is such a context the jury defines the meaning of truth (Noyes, 97). Learning the truth helps the victims understand the circumstances that resulted into the violation, and the people or institutions involved. With such knowledge, the victims may decide to seek an informed legal redress or forgive.

Furthermore, it brings inner healing, consolation and forgiveness from the side of the patient. Sometimes victims are not even interested in seeking vengeance but they just want to know what happened, how it happened, the persons involved and the reasons why it happened (Noyes, 102). Protecting the right to truth today serves as a deterrent to human rights abuses in future in that states and individuals are fully aware that abuse of human rights is a criminal offence like any other and can be prosecuted in a court of law.

Thus, it makes individuals, groups and states to cautious when dealing with humans because any abuse may lead to a lawsuit and a subsequent punishment that may not be very pleasant. The institutions expected to protect the right to truth includes; the national human rights bodies, national criminal tribunals, commissions of enquiry, truth commissions, International Criminal Tribunals, local and international criminal courts and other administrative bodies (Commission on Human Rights, 46). However, every institution whether public or private must work to ensure that the right to truth is fulfilled because no single institution can achieve this.

Usually, the right to truths holds the government into account to provide information in proofing the truth. Therefore, the human rights activists are normally seen as if they are protesting against the government. It then becomes dangerous because the truth being sought could be touching on very powerful government officials.Works citedCommission on Human Rights. Study on the right to the truth ,Report of the Office of the United Nations High Commissioner for Human Rights, 2006. Noyes, John E.

, Laura Anne Dickinson, and Mark W. Janis, eds. International Law Stories. Foundation Press/Thomson/West, 2007.