The United Nations Cannot Ensure Human Rights - Essay Example

DEBATE: THE UNITED NATIONS CANNOT ENSURE HUMAN RIGHTS Student Name: Student P number: Module: Module code: Submission deadline: Introduction Human rights refer to the vital guarantees on protection of the society against heartless treatment. This encompasses issue such as, democracy, health, education, housing, and general protection democracy against any inhuman activity. These seminal necessities are amplified in subsequent human rights conventions by the United Nation (Donnelly 2003 p. 207). Its basic underlying principle is; human rights must be respected, assured and protected. That is, fully provide a human being with significant aptitude to breathe the air of liberty. The United Nations has by a number of accounts victorious records in ensuring the provision of human rights. Through its specialized bodies such as the Human rights council, the United Nations has done tremendous efforts in ensuring that every individual receives the core rights of living. Since it was founded, that is 1945; the United Nations has been a compassionate promoter of human rights (Conforti 2005, p.254). However, when we come into the real sense of its responsibilities, we find that it is still far from protecting and guaranteeing one’s rights. In a single thought, one can simply conclude that the United Nations cannot ensure human rights (Nowak, Mcarthur & Buchinger 2008, p. 231). Still, toward ensuring the Human Rights; it just looks like the subject is so mixed up for them to tackle. Simply one can say that the United Nations just try to beg belief that it is promoting worldwide reverence for execution human rights. It is remarkably easy for most people to concede that this is the real case happening on United Nations’ side. However, it is still not clear enough for one to justify it. (Risse 1999, p. 53). Thus, this forces one to rethink the United Nations’ responsibilities in terms of reaching the human rights. This article attempts to debate the United Nation's mission in ensuring equal human rights for its members. In the first section, the article provides an overview of the debate subject. Here, it provides a clear definition of the term human rights plus what the United Nations has achieved so far. It goes on to analyse the pros and cons positioning them within each human rights issue. Finally, it draws a conclusion on the changes which are expected to trigger better assurance of the subject. If clearly adopted, then the United Nations will be in a exceptional position in ensuring human rights. United Nations’ application of the Human Rights Standards: Ensuring human rights mean; all humans are guaranteed their inherent civil and political rights. These are the collective rights of an individual that have to be perfectly ensured (Dembour 2006, p. 99). The United Nations through the Office of the United Nations High Commission for Human Rights has stipulated these rights as follows; rights to development, freedom of expression, cultural rights and rights to getting an education. It further elaborates that when one right is improved then it also leads to of the others’ improvement. The main reason being that; all the human rights are interrelated just as the human beings themselves are. Here, one cannot clearly describe the direct applicability of the human rights to the United Nations leave alone linking the two. Within this conception, one can still argue that the United Nations is not addressee of human rights. If it is not the addressee, then it is very hard for it to ensure that every human being is provided with his or her rights. The United Nations through the High Commissioner for human rights has one basic role in ensuring human rights. The role is to support human rights mechanisms by employing expert committees to the human rights treaties stipulated for every country. These specialists are referred to as the human rights civil servants. They work on a wide range of human rights activities and are available in every United Nations’ member country. In every United Nations’ member government, the staffs of the commission do their best in strengthening and ensuring that international human rights treaties are fully implemented. Considering the work done by the United Nations and its staff then it is easy for one to say that the United Nations is ensuring Human rights. Having this analysis in mind, we still do not a comprehensive judgment on whether or not the United Nations can ensure human right. First is that, the United Nations cannot at times ensure human rights cause not all human rights are directly applicable to it. Second is that when the human rights civil servants can fulfill their duties, then it is possible for the United Nations to ensure human rights (Nowak, Mcarthur & Buchinger 2008, p. 321). The Growing Inadequacy of International Humanitarian Law The International Humanitarian law is under the United Nations laws. Its main purpose is to limit the side effects of fortified conflicts in countries. That is; it tries to confine the methods of warfare. Further more, the law protects the rights of those persons who are not participating in those wars but are at the war hit places. The International humanitarian law as a law of war has gone ahead to protecting the rights of women who participate in the wars. Before the introduction of this law, women participating in war never got the same protection of law as men did. However, since the adoption of this law, women have enjoyed a lot from this protection. In these wars, women are always treated well due to their sex. The law also addresses specific rights for the prisoners of war regardless of their sex. To this extent, the International humanitarian law under the United Nations is sincerely trying to ensure the human rights. In the ensuring peace, the United Nations sometimes employ peace keeping missions. These missions are usually preferred when the normal dialog of solving conflicts does not make any progress. It is referred to as a human rights enforcement mission. Here, a debate comes concerning the true ability of the United Nations to ensure human rights are protected. (Risse 1999, p. 209) In the peace keeping missions, the officers apply use of brutal false on those involved and the country at large. Although it easy for many to ignore this fact, the reality is that it results into many unintended side effects. When a large number of peace keeping soldiers are deployed in a certain area, the host society faces various side effects both socially and economically. For example, in much peace keeping missions there have been many cases of rape reported. The victims are members of the host society while culprits are the deployed soldiers (Nowak, Mcarthur & Buchinger 2008, p. 12). Nowhere does the international law provide protection against these scenarios. Most host societies never wish to come across the peace keeping missions (Newman 2004, p. 8). Further more, in areas where the peace keeping missions are vast, the economy of those areas is highly affected. In fact, most of these areas experience famine. Although the missions help in reaching a solution to the conflicts, it will be a better way of ensuring human rights if the United Nations handles the side effects. Otherwise, avoid use of peacekeeping missions. Still, nowhere in the humanitarian law is stipulated that the United Nations shall take any control of the side effects (Newman 2004, p. 309). The peace keeping missions have outstanding records in bringing back peace in various conflict hit countries. However, there is still confusion on whether the United Nations through the International humanitarian law can ensure human rights. Clearly, assurance of the human rights by the International humanitarian law is still not clear especially in the peace keeping missions (Newman 2004, p. 8). The United Nation’s notions Conceptually, the United Nations has three basic notions; external notion, internal notion and the hybrid notion. Each clarifies the United Nation’s duties (Smith 2007, p. 150). The United Nations addresses a wide number of countries. The external notion looks at the United Nations as an area under discussion of the international law. The international law is in a state whereby it is controlled by the states under it especially the permanent members. Simply, the United Nations has to adhere to the requirements agreed by the majority member states. Whenever a treaty is agreed by many, usually by the permanent members, the United Nations cannot go against it (Pogge 2008, p.273). Even when a treaty appears to favor those agreeing on it, provided they’re the majority then United Nations has no otherwise but abide it. The minority end up under a treaty which they do not entertain. This makes it difficult for one to conclude if the United Nations can ensure human rights to all parties equally (Donnelly 2003, p.389). In terms of the internal notion, it emphasizes the fact that United Nations has a constitutional order. This order is formulated internally within the organization, and no member country can trigger a change in it. In other words, this notion says that the United Nations indebted to pursue its own purpose without interference from its members. In this case, there is a clear room for the United Nations the rights of each of its member states (Nowak, Mcarthur & Buchinger 2008, p. 321). Finally, the hybrid notion focuses on the fact that the United Nations has implicitly combined the internal and external notions. The external notion states that the United Nations is under treaties signed by the majority states. While the internal notion states that it has its own constitution to follow. In simple words, it means; the United Nations forms follows it is constitution but still everything in that the constitution has to adhere to the requirements of majority member states. Here, it is clear that United Nations cannot perfectly ensure human rights to its entire members (Coicaud, Doyle & Gardner 2003, p.76). That is; there is still a long distance in ensuring human rights. The United Nation Administration of Human Rights: As said earlier in the introduction, the main role of the United Nations is to ensure human rights for its member states. However, looking closely at the administration of these requirements a number of questions come across one’s reasoning of this issue. For example, the top members of the United Nations Security Council are all owning nuclear powers. These countries are; the United States of America, Russia, France, United Kingdom and China. Each of them has created an exclusive nuclear hub whose powers are unchecked (Weiss & Daws 2007, p. 258). This ascertains that the United Nations does not have true international representation. It shows that the United Nations only addresses the strategic interests of the permanent members. To ensure that all human rights are ensured, all member states have to be treated equally (Newman 2004, p. 86). Further more, let’s look at the United Nations police force. The policemen have been viciously treating death suspects. This includes; use of toxic spray on death suspects and inappropriate use of the police dogs (Risse 1999, p. 209) . In the case of weaponry search, the following occurs. The police employ excessive supremacy in personal homes. Instead of using a logical means to enter these homes, they break doors and worst of it is that they also end up destroying properties. These activities end up violating human beings rights. Although the main United Nations’ administration usually assumes these activities, the real fact is that they make the organization far from ensuring human rights (Brems 2001, p. 300). Human rights at refugee camps Refugee camps are places of shelter created for persons displaced by mainly the following factors; religious beliefs in the society, war or political coercion. The united Nations usually manage these camps (Simma 1995, p. 67). The United Nations through its relief agencies provide relief services at those camps. These services include provision of necessary health services, shelter and also water supply. Mostly the relief agencies are usually faced by some challenges such as overcrowding. No matter how these worst challenges can be, the United Nations tries its best in satisfying the refugees’ requirements. United Nations offer mass vaccinations and also health monitoring services to the refugees. For a person running from war, these services are particularly essential. On this fact, one has no option but to agree that in this case, the United Nations is moving closer to ensuring human rights (Nowak, Mcarthur & Buchinger 2008, p. 123). Two basic laws are used in controlling and handling cases related to the refugee camps. One is the international refugee law and the other is the host state’s law. In other words, we can say that refugee camps are governed by the above two bodies of law (Lawson 1996, p. 87). The international law focuses on ensuring that every refugee is given his or her right to gain the basic human rights. The host states law focuses on maintaining a refugee’s security. It also looks on issues of the communal and compassionate quality of the camps. However, when the host country fails to fulfill the rights of refugees, the United Nations cannot invoke it (Gould 2007, p. 390). Clearly, we see here that the United Nations lacking the ability to ensure human rights. Hence this makes an individual unconvinced on the United Nations’ ability to address the subject. Conclusion Since rights assurance is essential for all human beings, it is highly vital that the United Nations address the human rights issue perfectly. Up to where we have reached it is quite evident that it has done a lot in ensuring this objective. However, basing on the proposing facts it also clearly shows that The United Nations is far from ensuring that human rights are adhered to. It is particularly valuable if the commission for human rights takes a close view of these side effects cause if not, they can lead to total its failure. It should protect every person’s rights equally regardless of his or his state (Thakur 2006, p. 298). References Brems, E. (2001). Human rights: universality and diversity. The Hague [u.a.], Nijhoff. Coicaud, J.-M., Doyle, M. W., & Gardner, A.M. (2003). The globalization of human rights. Tokyo [u.a.], United Nations Univ. Press Conforti, B. (2005). The law and practice of the United Nations. Leiden, Martinus Nijhoff Publishers. http://site.ebrary.com/id/10175381. Dembour, M.-B. (2006). Who believes in human rights?: reflections on the European convention. Cambridge [u.a.], Cambridge Univ. Press Donnelly, J. (2003). Universal human rights in theory and practice. Ithaca, Cornell University Press. Gould, C. C. (2007). Globalizing democracy and human rights. Cambridge, Cambridge University Press.Bottom of Form Lawson, E. (1996). Encyclopedia of human rights. Washington, DC [u.a.], Taylor & Francis. Newman, E. (2004). The UN role in promoting democracy: between ideals and reality. Tokyo [u.a.], United Nations Univ. Press. Nowak, M., Mcarthur, E., & Buchinger, K. (2008). The United Nations convention against torture: a commentary. Oxford [u.a.], Oxford Pogge, T. W. M. (2008). World poverty and human rights: cosmopolitan responsibilities and reforms. Cambridge [u.a.], Polity Press. Risse, T. (1999). The power of human rights: international norms and domestic change. Cambridge [u.a.], Cambridge Univ. Press. Simma, B. (1995). The Charter of the United Nations: a commentary. Oxford, Oxford Univ. Press. UNITED NATIONS. (1999). Basic facts about the United Nations. Collingdale, Pa, DIANE Pub. Co. Smith, R. K. M. (2007). Textbook on international human rights. Oxford, Oxford Univ. Pr.2012. Thakur, R. (2006). The United Nations, peace and security: from collective security to the responsibility to protect. Cambridge [u.a.], Cambridge Univ. Press. Weiss, T. G., & Daws, S. (2007). The Oxford handbook on the United Nations. Oxford, Oxford University Press. Read More

Finally, it draws a conclusion on the changes which are expected to trigger better assurance of the subject. If clearly adopted, then the United Nations will be in a exceptional position in ensuring human rights. United Nations’ application of the Human Rights Standards: Ensuring human rights mean; all humans are guaranteed their inherent civil and political rights. These are the collective rights of an individual that have to be perfectly ensured (Dembour 2006, p. 99). The United Nations through the Office of the United Nations High Commission for Human Rights has stipulated these rights as follows; rights to development, freedom of expression, cultural rights and rights to getting an education.

It further elaborates that when one right is improved then it also leads to of the others’ improvement. The main reason being that; all the human rights are interrelated just as the human beings themselves are. Here, one cannot clearly describe the direct applicability of the human rights to the United Nations leave alone linking the two. Within this conception, one can still argue that the United Nations is not addressee of human rights. If it is not the addressee, then it is very hard for it to ensure that every human being is provided with his or her rights.

The United Nations through the High Commissioner for human rights has one basic role in ensuring human rights. The role is to support human rights mechanisms by employing expert committees to the human rights treaties stipulated for every country. These specialists are referred to as the human rights civil servants. They work on a wide range of human rights activities and are available in every United Nations’ member country. In every United Nations’ member government, the staffs of the commission do their best in strengthening and ensuring that international human rights treaties are fully implemented.

Considering the work done by the United Nations and its staff then it is easy for one to say that the United Nations is ensuring Human rights. Having this analysis in mind, we still do not a comprehensive judgment on whether or not the United Nations can ensure human right. First is that, the United Nations cannot at times ensure human rights cause not all human rights are directly applicable to it. Second is that when the human rights civil servants can fulfill their duties, then it is possible for the United Nations to ensure human rights (Nowak, Mcarthur & Buchinger 2008, p. 321). The Growing Inadequacy of International Humanitarian Law The International Humanitarian law is under the United Nations laws.

Its main purpose is to limit the side effects of fortified conflicts in countries. That is; it tries to confine the methods of warfare. Further more, the law protects the rights of those persons who are not participating in those wars but are at the war hit places. The International humanitarian law as a law of war has gone ahead to protecting the rights of women who participate in the wars. Before the introduction of this law, women participating in war never got the same protection of law as men did.

However, since the adoption of this law, women have enjoyed a lot from this protection. In these wars, women are always treated well due to their sex. The law also addresses specific rights for the prisoners of war regardless of their sex. To this extent, the International humanitarian law under the United Nations is sincerely trying to ensure the human rights. In the ensuring peace, the United Nations sometimes employ peace keeping missions. These missions are usually preferred when the normal dialog of solving conflicts does not make any progress.

It is referred to as a human rights enforcement mission. Here, a debate comes concerning the true ability of the United Nations to ensure human rights are protected. (Risse 1999, p. 209) In the peace keeping missions, the officers apply use of brutal false on those involved and the country at large.

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