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Why did an international human rights regime develop What problems exist with regard to the international human rights regime - Essay Example

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The protection of human rights is considered as one of the most critical missions of governments worldwide. Still, the policies developed by governments in regard to human rights are often proved ineffective. …
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Why did an international human rights regime develop What problems exist with regard to the international human rights regime
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Download file to see previous pages In the context of the international community a similar challenge has appeared. The establishment of an international human rights regime aimed to increase the effectiveness of laws focusing on the protection of human rights. However, the specific regime has to face a series of problems, most of which are too complicated. These problems are critically presented below. The reasons for the creation of an international human rights regime are also explained using examples, as appropriate. It is proved that the introduction of such regime has been unavoidable for controlling critical issues related to human rights internationally. The lack of effective mechanisms for monitoring the performance of the relevant laws and for identifying risks early seems to be the key problem that the international human rights regime has to resolve. In the long term, the survival of the international human rights regime would be depended on its ability to convince governments for the necessity of the alignment of national human rights laws with the international regulations on human rights. 2. International human rights regime 2.1 Human rights as addressed through the international human rights regime – most critical Conventions Human rights can be characterized as ‘inherent rights of human beings’ (Charvet and Kaczynska-Nay 2008, p.4), meaning that ‘all individuals should enjoy these rights by virtue of their nature and dignity as human beings’ (Charvet and Kaczynska-Nay 2008, p.4). The specific characteristic of human rights can be identified in the ‘United Nations Universal Declaration of Human Rights of 1948’ (Charvet and Kaczynska-Nay 2008, p.4); the above document has highlighted the value of human rights as the fundamental rights of every human being. In addition, it is because of the above document that the need for the introduction of international laws for protecting human rights has been made clear. Human rights can vary depending on the part of human life to which they refer. For example, the right of ‘equal liberty in regard to religion and belief’ (Charvet and Kaczynska-Nay 2008, p.11) denotes the right of each individual to develop his own beliefs, no matter the beliefs of other people in his environment (Charvet and Kaczynska-Nay 2008). Economic liberty is another, widely known, human right. The specific human right secures the right of each individual to acquire property and to develop his economic status as he wishes (Charvet and Kaczynska-Nay 2008). Both the liberties presented above, i.e. the equal liberty and the economic liberty, can be regarded as derived from the right of individuality (Charvet and Kaczynska-Nay 2008); the above right emphasizes on the freedom of individuals ‘to govern their life as they like’ (Charvet and Kaczynska-Nay 2008, p.13). Individuality, as a human characteristic, denotes the uniqueness of each person, in terms of physical and behavioural characteristics (Charvet and Kaczynska-Nay 2008). In the context of international law human rights are primarily protected through the Conventions; only when there is no Convention applicable in a particular case, i.e. a dispute related to human rights, then regulators can seek for assistance ‘in the rules of the customary international law’ (Fitzmaurice and Merkouris 2012, p.19). Apart from the UN Universal Declaration on Human Rights, the protection of international human rights can be also secured using the European Convention of Human Rights, which was signed in 1950 by the founding members of European Union (Mowbray 2007). The above Convention referred to a series of rights that were considered as vital for all individuals; for example: ‘ ...Download file to see next pagesRead More
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