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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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: ‘
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According to the research findings it can therefore be said that though international human rights law contains many rights for the benefit of mankind but it also has its share of weaknesses and fails to be considered a foolproof law which could be exercised for the optimum benefit of the mankind without any difficulties.
Regardless of the claim that human rights are ratified around the globe and are considered to be universally applicable, the discrimination towards women purely on the basis of gender remains a disturbing issue for the world today. The conventions to provide these rights to women can be categorized into three broad categories (Mohanrsca, 2010): The protective conventions- these were the earliest most tools formed which aimed at the provision of protection to women pertaining to working conditions, such as restrictions against night shifts at work, mining employments, and specific sorts of labor work in plantation.
The principal cause of the dilemma involving transnational business corporations and human rights violations is the vacuum in governance created by globalization. Multinational companies transacting across borders may circumvent the framework of governance imposed by national law, because the parties of to the contract or transaction are not totally within the rule of one nation.
Accordingly, the same court had earlier awarded 2,000 Euros in compensation to Nadia Eweida, a British Airways attendant who was banned from wearing a cross at work. The court ruled that the employers were justified given their obligations to prevent discrimination against the consumers (Taylor 2).
Even in the modern era, a significant percentage of the world’s population is still ruled by non-democratic authoritative bodies (Brooker, 2009). This is because ‘non-democratic government, whether by elders, chiefs, monarchs, aristocrats, empires, military regimes or one-party states, has been the norm for most of human history’ (Brooker, 2009: 1).
However, the mass atrocities committed during World War II provided impetus for the recognition of the necessity of promoting and preserving human freedom and rights, which recognition is embodied in international documents such as the Atlantic Charter (1941) and the Teheran Declaration (1942).
Relatively, the establishment and development of universal human rights standards in international human rights instruments over the past 50 years have heightened awareness around the world about issues concerning human rights. The fact that our rights are enshrined in numerous instruments, many of which are legally binding, is testament to the weight with which they are accorded and the high esteem in which they are held by the international community.
amed on myriad of things, from gross financial mismanagement by Wall Street co-operations, short term planning, greed, overspending by the average consumers and even the war in Iraq (UN, 2009)1.
The underlying factor remains that there was a weak link somewhere and that the big
The basis of human rights rests on equal dignity and rights given to all members of the human family and paves the way to peace and justice among the humankind. The implementation of human rights as an international good is in
Universal human rights usually are voiced and guaranteed by law, in the forms of, customary international law, general principles, treaties, among other basis of international law. The international human rights law regulates how
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