Legal Rights Duties and Freedoms - Essay Example

Legal Rights Duties and Freedoms Name Instructor’s Name Institution Name Course Name and Code Date Question one Children have various rights since they can easily be subjected to torture, slavery, sexual abuse, prostitution, disappearances, excessive work as well as degrading treatment. The Declaration of the Rights of the Child 1924 stipulated important rights such as protection form exploitation, normal development as well as to be fed (Kaime, 2011, p.13). According to UN Universal Declaration of Human Rights, it has provisions that relate to children but it is not very specific. The UN General Assembly Declaration on the Rights of the Child 1959 explains the most important rights of a child, for instance, right to the nationality, name, housing, medical services and recreation. The Declaration also considers the position of mentally, socially and physically handicapped children as well as those that do not have a family. This Declaration prompted the adoption of the General Assembly of the Convention on the Rights of the Child in 1989 that became operational in 1990 (Kaime, 2011, p.13). The Convention on the Rights of the Child takes the position of a child getting independent rights with a key emphasis on ensuring that the child gets more attention. The article has political, civil, economic, cultural and social rights. The Committee on the Rights of the Child oversees the enforcement of the Convention. There are four general principles that touch on child’s rights namely: participation, non-discrimination, survival and development as well as best interest of the child. Article one of the Conventions on the Rights of the Child states that a child is anyone below 18 years. It also states that a fetus does not have any legal rights nevertheless legal protection is applied before and after birth (Kaime, 2011, p.13). Women have been always been subjected to abuses such as forced marriages, sale, marital rape, pressure to give birth to male offspring’s, genital mutilation, inferior educational, as well as professional opportunities. The United Nations Universal Declaration of Human Rights and the International Covenants help to confirm gender equality, as well as non-discrimination. Almost all the regional human rights treaties touch on gender equality, for instance, article 1 in the American Convention and Article 14 of European Convention. Under the International Law, sex discrimination is illegal. The Protocol of the African Charter necessitates that states commit to modifying their cultural and social pattern so that they can eliminate practices that are founded on the concept of superiority or inferiority of either sex. The UN developed Commission on the Status of Women that has resulted in international agreements such as the Convention on the Elimination of All forms of Discrimination Against Women in 1979 it’s also known as the Women’s Convention, and it became effective in 1981 and it has accepted by many people (Scarpa, 2008, p.94). The Convention developed universal standards regarding women rights. The Convention acknowledges the relationship between discrimination as well as its implication on the development of a family, community and nation through denial of women’s full participation. The Convention applies to economic, political, social rights as well as to private life. Article 2 of the Women Convention states that the state parties should condemn discrimination against women and discrimination should be eliminated through all means. Article 3 of the Convention states that state parties should ensure the full development as well as advancement of women. The UN GA adopted a Declaration on the Elimination of Violence against Women in 1993 involving gender-based violence that results in sexual, physical or psychological harm in private, public and family life. Although the Declaration is not binding, it can lead to Customary International Law. Many states have rights of minorities. There are some states that recognize and protect the minorities while other states use or have used genocide against the minorities, some states have declined to recognize minorities the minorities. The UN Charter, as well as Universal Declaration of Human Rights help, promotes human rights, but it does address the rights of the minorities. The rights of the minorities are dependent and inter-related with the rights of individual, for instance, rights to religion, equality, culture and expression but it is collective. Question 2 Africa as a continent has had a myriad of issues that touch on violation of human rights. Violations of human rights in Africa began during the colonial period when Africans were subjected to torture from their colonial master. Upon independence, violation of human rights persists owing to oppressive regimes in some countries. For instance, the late Idi Amin promoted violation of human rights through his dictatorial leadership and the minorities were not spared either. Sudan has also experienced violation of human rights owing to its oppressive leadership. In 2002, the African Union (AU) replaced Organization of African Union (OAU) that developed the Pan-African Parliament, who mandates includes discussing human rights. Some of the AU objectives include promoting democracy, international cooperation and human rights. The AU has the mandate of intervening in member states for genocide, war crimes and crimes against humanity. AU has also offered peacekeeping troops in Somalia and Sudan. The African Charter on Human and Peoples’ Rights became operational in 1986, and the African Court on Human Peoples’ Rights was replaced with the African Court of Justice and Human Rights. The African Charter on Human and People’s Rights recognizes civil, political, social, cultural and economic rights as well as collective group rights. In Europe, the Council of Europe was developed so that it could strengthen democracy, rule of law and human rights. The European Convention on Human Rights became operation in 1953. The European Union is involved in the protection of human rights. The American Convention on Human Rights became operational in 1978 but was adopted in 1969. The American Convention on Human Rights has traditional civil, social, political economic as well as cultural rights. The American Convention on Human Rights allows the death penalty for serious offences. Africa has poor enforcement of the regional human right treaties while Europe and America are adept at enforcing regional conventions. Africa’s poor enforcement can be attributed to poor leadership as well as lack of adequate funds that can aid in the proper enforcement of the treaties. Question Three With the high insecurity cases in the world resulting from political instability as well as emergence of armed militia group, have prompted an increase in the number of refugees who are fleeing their mother country in search of secure country where they can have freedom. Africa has been had-hit by the effects of political instability as well as armed militia group that have taken control of some parts in various country. For instance, Somalia has not been having a government for many years this prompted emergence of the terrorist group capturing various parts of the country. This prompted many Somalis to flee their country in search of security in the neighboring states such as Kenya. Consequently, Kenya had a high number of refugees from Somalia. Terrorists took advantage of the scenario in Somalia and used the porous border so that they can gain entry into Kenya, some of the terrorist poses as refugees. Kenya has welcomed these refugees since according to article 33 of the Refugee Convention it states that the state is not supposed to expel a refuge when his freedom or life is threatened on accounts of religion, race, nationality, political opinion or social group. Terrorist activities have greatly affected Kenya, which borders Somalia. For instance, last year terrorists took captive a shopping mall in Nairobi’s Kenya’s capital city and destroyed property worth billions. The terrorists also killed about 60 people in the shopping mall in Nairobi, Kenya. Insecurity has also brought about many people being displaced internally displaced. There are about 29 million internally displaced people in Asia and Africa, and it is the responsibility of the state to provide for their comfortable living conditions (Newman & DeRouen, 2014, p.3). Noteworthy, IDP is not refuges since refugees are the one who have crossed the border of their mother state. IDP does not have any international agreement that is binding. Nevertheless, different state countries have regulations that ensure their citizens live comfortably. In most cases, most states take little concern of the internally displaced persons. UN High Commissioner for Refugees supports IDPs in various states. According to United Nations Convention Relating to the Status of Refugees, the refugees have a right to conduct business activities in the host state. In Article 17 and 18 that deals with self-employment and wage earnings, the host nation is supposed to give refugees that are staying lawfully in their boundary good treatment the same as what is granted to its residents from foreign nation the same conditions about the right to part in wage-earning employment (Khory, 2012, p.211). The refugee conflict in the various parts of the world has attracted considerable attention, which has prompted institution of measures that have helped in addressing the problem. The 1951 Convention has had considerable implications that have prompted change of attitude regarding individual rights. Before the 1951 Convention came into force many countries exercised the rights to determine, who would enter their country as well as conditions, which the individuals would be selected (Jacobsen, 2005, p.2). The 1951 Convention as well as its 1967 Protocol avails an explicit. According to article 1A (2) of the 1951 Convention as well as article 1 paragraph 2, of 1967 Protocol a refugee is anyone who is persecuted for reasons of race, political group, race and religion and he cannot shield himself from such fear. The UN GA established UN High Commissioner for Refugees so that it could help protect refugees. Many entities have been involved in the refugee issue through provision of necessary support that is required to help them live comfortably. Question Four Torture and terrorism have been very common in the world. Torture has been common among pirates who capture ships and torture the passengers on board. Pirates may demand ransom before release of the ship or the individuals. In extreme cases, some of the captives are murdered. This activity is very common in the Somali border and lately it has spread very fast. On the other hand, terrorism violates important human rights in the Universal Declaration of Human Rights and ICESCR and ICCPR to liberty and life. Terrorism is also a violation of treaties such as Conventions on genocide, torture, and discrimination against women and the Rights of the Child. Although attempts have been made to develop treaties, which define terrorism they have not, been fruitful. Presently, UN member states are negotiating draft on comprehensive convention o international terrorism that develops on the present principles that involve prosecution, criminalization, punishing terrorist offences the need to prevent terrorism. The UN Counter-Terrorism Committee gets reports from member states regarding steps implemented to counter terrorism. The United Nation can be equated with peace and security, although its objectives are wider and entail promotion of human rights, social and economic development as well as self-determination. Nonetheless, the United Nation is the main collective security institution. The United Nation has a worldwide membership and various competences in security, peace as well as matching powers, which entail the capability to make decisions on non-forcible measures as well as authorize various military actions that range from consensual pacification to full scale fighting. The United Nation has an ardent diplomatic function, which is often channeled through the United Nation Secretary-General that builds on traditional types of dispute resolution between warring states. Even though the Security Council has a primary responsibility to ensure maintenance of peace and stability and has been granted various types of powers in Chapters VII and VI of the United Nation Charter, the General Assembly has ability of making recommendations to the Security Council as well as member states on any issues that lies within the present Charter. Consequently, the General Assembly has secondary competence in issues touching on peace and security. Even though it is apparent that the Security Council can authorize the use of force by different states as collective security actors, there is a disagreement whether the General Assembly can recommend states to take military action, for example, when the Council is deadlocked, and the United Nation is experiencing an inherent and appalling force or an act of violence. As an institution, the United Nations is mandated to uphold international peace and stability and is mandated to take collective actions to prevent potential threat and remove issues that will threaten peace (Ramcharan, 2011, p.20). It is also mandated to suppress any acts that will cause aggression or breach peace. For any organization to attain its objectives, it ought to have legal competence, personality as well as powers to attain its objective. For instance, the right to command on how members should behave in a particular manner or the power to legally binds its members to behave in a particular manner. The Charter grants the United Nation powers to impose sanctions, which include can include suspension, expulsion, and boycotts, denial of some rights and privileges, military measures as well as economic measures. Additionally, these powers are delegated to various organs within the organization. The United Nation gets autonomy as a CS institution because of CS organs that has different membership as well as types of majority voting. Question Five Factors that prompted formation of ICC have been very long and very contentious. Attempts to establish a universal criminal court began in the 19th century. The idea began with Gustav Moynier in 1872. Gustav Moynier proposed establishment of a court that would deliver justice to Franco-Prussian War. Nonetheless, this did not great impact since many people did not take it seriously. After Gustav Moynier, individuals who drafted the 1919 Treaty of Versailles made a spirited fight for development of a global court that would try the German and Kaiser war criminals during the First World War (Coalition for the International Criminal Court, 2014). After the Second World War, Allies developed Nuremberg and Tokyo tribunals so that they try the Axis war criminals. The United Nations General Assembly adopted Convention on Prevention and Punishment of Crime of Genocide in 1948 and it demanded that the criminals should be tried the international penal tribunals and asked the International Law Commission (ILC) to determine the prospect and desirability of developing an international justice system that would try genocide criminals. Even though the ILC developed the statute in 1950s, the Cold War thwarted those efforts and consequently the General Assembly abandoned those efforts pending agreement regarding definition of international Code of Crime and crime of aggression (Coalition for the International Criminal Court, 2014). Trinidad and Tobago re-introduced a proposal to develop the ICC in 1989. The United Nations General Assembly tasked the International Law Commission to continue with the development of the statute. In early 1990s, the conflicts in Croatia, Bosnia-Herzegovina and Rwanda as well as mass commission of genocide and crimes against humanity prompted the United Nation Security Council to develop different ad hoc tribunals that would make individuals become accountable for atrocities committed against man, this highlighted the necessity of having an international criminal court (Coalition for the International Criminal Court, 2014). The International Law Commission gave a draft statute for the ICC in 1994to the United Nations General Assembly (Coalition for the International Criminal Court, 2014). The ILC gave a recommendation that necessitated a conference to be convened so that a treaty can be negotiated as well as enactment of the Statute. The UN GA developed an ad hoc committee that would oversee development of ICC, the committee met in 1995. Upon considering the report from the Committee, the United Nation General Assembly developed Preparatory Committee on development of the International Criminal Court so that it could develop a draft text. Between 1996 and 1998, there were six sessions that were held by the United Nations Preparatory Committee and non-governmental organizations gave input regarding the issues. Inter-Sessional meeting held in Zutphen, in Netherlands by Bureau, as well as coordinators of Preparatory Committee, was to consolidate as well as restructure the various articles to become a draft (Coalition for the International Criminal Court, 2014). The UN GA convened the United Nations Conference of Plenipotentiaries on development of ICC basing on Preparatory Committee draft. The “Rome Conference” happened in Rome Italy between 15th June and 17th July 1998. 160 nations took part in the negotiations. After weeks of deep negotiations 120 countries voted in favor of the adoption of Rome Statute, seven countries voted against the treaty, and 21 nations abstained. The Preparatory Commission was given the task of developing smooth functioning of the ICC through negotiating complementary documents. In April 2002, 60th ratification was required to trigger an entry force of Rome Statute that was deposited through various states in conjunction. The treaty became effective in July 2002. After completing the Preparatory Commission mandate, the Assembly of State Parties met for in September 2002 for the very first time (Coalition for the International Criminal Court, 2014). ICC jurisdiction is limited to the crimes that were committed after the Statute became effective in July 2002. ICC’s inability to administer justice to previous atrocities can be considered to be a deficiency that is likely to limit its main goal of ensuring that there is no impunity in the world. The temporal limitations appear to shore up aid for ICC as well as enhance its cost-effectiveness. The court excludes minors from its judicial system though there are cases that persons under the age of eighteen have been used to propagate crimes against humanity in various parts of the world (Shany, 2013, p. 239). ICC has not been effective in prosecuting international crimes, for instance, President Omar Bashir committed crimes against humanity and a warrant of arrest were issued upon him but he has not been arrested. The court does not have an adequate mechanism that can help it ensure that when a warrant of arrest is issued the suspected criminal is arrested immediately. References Coalition for the International Criminal Court, 2014, History of the ICC, viewed 19 March 2014, < http://www.iccnow.org/?mod=icchistory>. Jacobsen, K 2005, The Economic Life of Refugees, Bloomfield: Kumarian Press, London. Kaime, T. 2011, The Convention on the Rights of the Child: A Cultural Legitimacy Critique, Sussex Academic Press, New York. Khory, K. 2012, Global migration: Challenges in the Twenty-first Century, Palgrave Macmillan, New York. Newman, E & DeRouen, K 2014, Routledge Handbook of Civil Wars, Routledge, London. Ramcharan, B 2011, The Fundamental of International Human Rights Treaty Law, Martinus Nijhoff Publishers, Leiden. Scarpa, S 2008, Trafficking in Human Beings: Modern Slavery, Oxford University Press, New York. Shany, Y 2013, Assessing the effectiveness of International Courts, Oxford University Press, New York. Read More