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This leads us to the last premise, democracy and human rights are closely interlinked to a point that they strengthen each other and that they are inseparable. Meaning, each is vital to the other. If human rights define democracy, democracy facilitates the realization of human rights. In short, the necessity of democracy for the protection of universal human rights resides on the very principles, process, and nature of democracy. To explain further, each premise is discussed below. Premise 1: Democracy upholds the principles of universal human rights.
To explain this premise entails a brief discussion on the concepts of democracy and human rights, because this premise rests its assertion on the very principles that these two concepts uphold. Human rights Donnelly (2003, 10) explains, ‘are literally, the rights that one has simply because one is human’. As such, he characterizes human rights to be equal, inalienable and universal. Meaning human rights are applicable to every human being regardless of color, sex, and creed. It is absolute that it cannot be denied from any one.
In fact to him, even those who behave badly are entitled to these rights since no one can stop one from being human. This perhaps is due to the fact that no man is perfect. Every one of us at one time or another in our lives commits mistakes. This however should not be misconstrued as a justification for violating one’s right, because as always said, in every right there is a corresponding responsibility. In other words, one’s exercise and enjoyment of his/her right should not obstruct nor limit another’s exercise of his/her right.
A classic example of this is the exercise of one’s right to freedom of speech/expression. As Amnesty International states: your right to freedom of speech is limited by your responsibility not to say untrue things which will degrade another person and abuse their right to dignity and good reputation’ (cited in Spring 2000, 70). Meaning, one cannot make use of his/her right to freedom of expression by committing oral defamation or slander. This clearly illustrates that human rights should be exercise with respect for the rights of others.
Thus human rights must reside on facts and truths. Therefore, human rights are rights that recognize the dignity which set human beings far above from other forms of animals, that violating any of it is a direct assault to human dignity. However, human rights unless justified and accepted would be useless. In practice today, human rights are justified by a constitution or declaration (Parsons 2004, 32-33). An example of which are the Universal Declaration of Human Rights and international treatises such as the International Covenant on Civil and Political Rights, 1966; the International Covenant on Economic, Social and Cultural Rights, 1966; the Convention on the Rights of the Child, 1989; the Convention on the Prevention and Punishment of the Crime of Genocide, 1948; the International Convention on the Elimination of All Forms of racial Discrimination, 1965; the Convention against Torture and Other Cruel, Inhuman or degrading Treatment or Punishment, 1984; and the Convention on the Elimination of All Forms of Discrimination against Women, 1979 (United Nations 2003).
Notably though, these human rights instruments could only be possible under democracy. Why is it so, necessitates our understanding of democracy. Defining democracy is not simply an academic exercise but
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