What Are Human Rights - Essay Example

What are Human Rights? Institution Name [WORDS 1519] Introduction Human rights are sets of moral norms or principles that define and express certain standards or human behaviour. They are regularly protected as legal rights in international and national law (UN Human Rights, 2014). Additionally, these rights are universally depicted as being inalienable basic rights that each person is inherently entitled to, by virtue of his status as a human being. Human rights are therefore inherent in all people by virtue of their nationality, colour, religion, language, ethnic origin or any other status. All human beings are entitled to their human rights without discrimination (UN Human Rights, 2014; Pogge, 2009; Feeney, 2009). This essay argues that for more than 65 years, the Universal Declaration of Human Rights is still more of a dream than reality. In this paper, Human Right is defined or described from different perspectives. Additionally, the ways in which Universal Declaration of Human Rights is still more of a dream than reality is showed. What are Human Rights? The exact meaning of the term rights is controversial and is also a subject of continued philosophical debate. While there is a consensus that human rights encompass a wide range of rights, including the right to protection, fair trial, free speech, protection from murder and genocide, or the right to education, there is divergence on what particular rights need to be included within the general human rights framework (UN Human Rights, 2014). While some commentators have promoted the idea that human rights need to be considered as minimum requirement to avoid the worst-case abuses, others view it as a higher standard (Pogge, 2009). Human rights are universally inalienable basic rights that each person is inherently entitled to, by virtue of his status as a human being (UN Human Rights, 2014). They are applicable universally and consistently in their sense of being universal. They are also egalitarian, based on them being applicable to everyone. Human rights also require understanding and the rule of law. They also impose particular obligations on individuals to respect human rights of other individuals. Consequently, human rights should not be taken away because of due processes based on particular situations. Additionally, human rights call for freedom from unlawful execution, torture, and unlawful imprisonment (Pogge, 2009). Often, the law expresses and guarantees universal human rights in the form of customary international law, treaties, principles or other sources of international law. The international human rights law sets out the governments’ obligations to act in particular ways or to desist from certain acts so as to protect and promote human rights (Safferling, 2004). The human rights are therefore anchored in the principles of respect for the human beings. Their underlying assumption is that each individual is a rational and moral being who is entitled to being treated with dignity (Kaleck & Saage-Maa, 2010). They are all referred to as human rights since they are, by nature, universal. While different specialised groups and different nations are entitled to enjoy specific rights that are specifically oriented to them, human rights are on the other hand entitled to everyone, no matter their places of origin or residence, and basically since they are alive. The idea of human rights therefore indicates that when public dialogue on peacetime global society could be depicted as having a common moral language, then it is that of human rights (Pogge, 2009). Universal Declaration of Human Rights is still a dream than reality The principle of universality of human rights is the foundation stone of international human rights law. It was first outlined in the Universal Declaration of Human Rights by the United Nations in 1948. The principle has been restated in numerous international human rights conventions, resolutions and declarations. For instance, the Vienna World Conference on Human Rights of 1993 emphasised that it is the duty of the states to protect and promote all fundamental freedoms and human rights, in spite of their economic, religious, cultural and political systems (UN Human Rights, 2014). More than 65 years on, the Universal Declaration of Human Rights is still more of a dream than reality. Indeed, cases of continued violations of the Articles of the Universal Declaration of Human Rights (UDHR) exist globally (Safferling, 2004). For instance, the 2009 World Report published by Amnesty International showed that people are abused and tortured in more than 81 countries worldwide, with cases of unfair trial still notable in at least 54 countries. Additionally, the freedom of expression is restricted in more than 77 countries. Women and children are also marginalised in various ways. The right to live (Article 3) Article 3 of the Universal Declaration of Human Rights emphasises that every person has the right to life, security and liberty. However, this is more of a dream than a reality as indicated in the current violations resulting to widespread killings. For instance, some 6,500 people were killed in 2007 during an armed conflict in Afghanistan. Almost a half of those were non-combatant civilian deaths in the hands of insurgents. At the same time, hundreds of civilians lost lives in suicide attacks by armed militia. This also shows that the state has failed to protect and promote human rights as declared in the Vienna World Conference on Human Rights of 1993 (UN Human Rights, 2014). Additionally, in 2007 in Brazil, at least 1,260 people were killed by the police. While the incidents were termed by the government as ‘acts of resistance,’ it is a clear indication that governments have failed to protect and promote human rights. The incidents received limited investigation (United for Human Rights, 2014). Freedom from Torture (Article 5) Article 5 states that no human being should be subjected to torture, degrading treatment, or inhuman punishment. However, this is yet to be realised in approimately 6 decades, hence showing that the Universal Declaration of Human Rights is still a dream. For instance, acts of ill treatment and torture are performed by the Democratic republic of Congo’s government security forces. Indeed, cases of sustained rape, torture and killings have been reported by the media. For instance, in 2007, the presidential guard called the republican Guard in Kinshasa, detained and tortured several people accused of criticising the government (United for Human Rights, 2014). Freedom of Movement (Article 13) Article 13 of the Universal Declaration of the Human Rights states that every human being has the right to move freely and reside within borders of a state. Additionally, everyone has the right to leave any country -- including his own country -- and return to his country. However, this right has been violated numerously across the globe. In Kenya for instance, the government infringed the international refugee law after closing borders to thousands of people fleeing armed conflicts and insurgency in Somalia in April and May 2014. Additionally, several asylum seekers were detained illegally by the Kenyan border without trial or charge, before being forcibly returned to Somalia (Mohamed, 2014). Article 18 - Freedom of thought Article 18 of the Universal Declaration of Human Rights states that everyone has the right to enjoy freedom of conscience, thought and practice a religion. Such rights include the right to join a religion, change religion or freedom to manifest own belief, religion in practice, worship, teaching and observance. Article 18 has numerously been violated. For instance, in China between 1999 and 2009, individuals practicing Falun Gong religion were maltreated, tortured and abused while living in detention camps. Additionally, individuals practicing Christianity were persecuted outside the state-sanctioned channels (Nunns, 2012). Freedom of Expression (Article 19) Next, Article 19 of the Universal Declaration of Human Rights states that every person has a right to express own thoughts and opinions. These include the right to express an opinion and to pass ideas and information without interference through the media. However, violation of this right continues to be noted in several countries such as Somalia, Sudan and Ethiopia. In Somalia for instance, journalists from independent news media continue to be detained and murdered to date. For instance, in August 15, 2014, editor of Sky FM was arrested by government forces of Somalia National Intelligence and Security Agency (NISA) (Albadri, 2014). Right to Democracy (Article 21) Article 21 of the Universal Declaration of Human Rights states that everyone around the world, has the right to participate in governance of his home country, either directly or indirectly through an elected representative. However, Zimbabwe cases where members of the opposition party Movement for Democratic Change (MDC) have been numerously detained for participating in peaceful gathering have been noted. A recent case was the detention of dozens of youths holding demonstrations in Harare in August 2014 (AFP, 2014). Conclusion For more than 65 years, the Universal Declaration of Human Rights is still more of a dream than reality. The human rights doctrine has been greatly prominent in international law, regional and global institutions, decisions, and actions made by governments and non-governmental organisations in forming a foundation for public policy globally. However, the strong assumptions promoted by the doctrine of human rights continue to provoke considerable scepticism and debates on the context nature, justification, and content of human rights. References AFP. (2014). Maridadi held as riot cops beat, detain MDC-T protestors. Retrieved: Albadri, A. (2014). Somalia: Press freedom under fire as security forces increase media crackdown. Retrieved: Read More