Human Rights
Human Rights
Human Rights
PEARSON BTEC HND IN LAW (SRF) 06. Human rights law (LEVEL 5)
INTERNAL VERIFIER Name
MARIAM QASIM Asfand yar
DATE ISSUED SUBMISSION DATE RESUBMISSION DATE
MONDAY, OCTOBER 2ND, FRIDAY, DECEMBER 22ND, FRIDAY, JANUARY 5TH, 2024
2023 2023
L01:
P1:
The increase of humanity's Rights law is one of the more complex phenomenon that has been,
surprisingly, much quicker than anticipated by the presence of a number of essential factors. Let's delve
into the first dimension by examining and elucidating the foundational concepts and theories that have
played a pivotal role in shaping human rights principles:
Natural Law Theory: The doctrine of Natural Rights Theory is one of the earliest of today's theories
of rights. The theory holds that human rights originate in human nature's basic essence, which could be
proven through reason. This hypothesis put forward the idea that humans possess the rights that they
deserve whether that pursuit is justified by another hidden reason or not. John Locke and Thomas
Aquinas have it in the shared social contract theory which was a profound thought among the promoting
beliefs of the community early on. Locke asserted that life, liberty and property are ipso facto natural
rights which changed very much the way the contemporary concept of human rights was perceived.
Social Contract Theory: Let it thus be the belief that the people are the one who freely or against their
wish and/or unconscious consent agree with the terms that are imposed to them, though they do so
without being aware that they do so. not lexically but implicitly they are told that they must accept total
authority of their ruler which is unfair. Everyone should maintain their right to govern
decisions. Rousseau and Hobbes also contributed to the conception of this theory, as well, which
gradually helped to make the principle prevalent that one can find in the protection of individual
citizens’ right in a democratic government and law.
The Universal Declaration of Human Rights (UDHR): Such complex and painful issues of World
War II were a trigger for the invention of UDHR amended in 1948 by UNGA (United Nations General
Assembly). That moment was the very beginning of the quite familiar in modern society legal
framework, where the outlined things were the grounds of the basic human rights. Being the first
document that declared with justice and liberty for everyone has been ever since almost in every national
legislation and international human rights ecosystem.
Influence of Philosophical Movements: The conceptions of the Enlightenment philosophers,
Immanuel Kant, among other humanists, did not just reinforce, but transformed the social discourse of
human rights, attaching the values of a free mind, rationality, and equality to it which it
advocated. Regarding the idea of human rights by those philosophers, it is obvious that they played a
part in the creation of modern human rights law and to make the individual an essential part of the
process of moral and political theories.
The very part of the base of the ethic and law system at the core of human rights agenda that allow them
to reach from moralizing generalizations but at the same time being combined with codification of laws
concerned with dignity of humanity everywhere.
The Impact of Religious Teachings: Different religious traditions have constituted in evolution of the
human rights notions over time. For instance, the source of the idea of the dignity of all human persons
can be linked with the Judeo-Christian conviction that all have God’s image. Conversely, Islam not
only puts emphasis on fairness, equal rights, and dealings with the poor, but this is also similar to human
rights principles.
The Role of Revolutionary Movements: Jarring upheavals like the American Revolution (1776) and
the French Revolution (1789) did, however, serve as significant catalysts in fashioning human rights
from mere abstract principles to legal documents and constitutional guarantees. The French Declaration
of the Rights of Man and of the Citizen (1789), which included civil rights like free expression and
liberty, and the American Bill of Rights (1791), which marked down similar rights, were the births of
human rights.
Post-Colonial Influence and Decolonization: The middle of the twentieth century was marked by
massive waves of decolonization involving many African, Asian, and Latin American states realizing
independence. The newly independent nations then replicated such comprehensive constitutions which
usually included bills of rights similar to the universalistic language as well as locally embedded values
and traditions. This epoch was marked by a de facto transfer of the human rights from the national to
the international political and legal spaces.
Modern International Human Rights Law: Under the light of the new dawn, the international
community came for a change to ensure that those horrible events would never happen again. So, the
culmination of this work was in the development of complex international human rights institutions,
the ICCPR and the ICESCR, with the UDHR as the core of what is now referred to as the "International
Bill of Human Rights". They not only protect human rights from further breach by seeking to prevent
such breach but also provide mechanisms of accountability.
The Influence of Non-Governmental Organizations (NGOs) and Civil Society: We have Amnesty
international, Human Rights Watch, local civil society groups which are just a few of the organizations
which have helped monitor human rights violations, influence policy, and uphold governments
accountable. One of the ways human rights activists have exercised a huge influence is through
persistent documentation, advocacy, and litigation that have led to noticeable changes in the realm of
enforcement and evolution of human rights norms.
P2:
Criticism of fundamentals and pillars is like a search light that reveals that intellectual pillars on which
the foundations of the human rights have been based on have been structured. The discourses range
from the statutes of Natural Law and Social Contract theories to the ultimate impacts of religious and
philosophical ideas.
Every added layer to this foundation is what keeps the understanding firm and clear between individuals
and societies. These ideas provide the philosophical underpinnings for the structures and systems that
uphold human dignity and freedom worldwide:
Natural Law Theory emphasizes that the rights are natural and immanent to the human psychology that
they can be apprehended by humans without any reference to the laws enacted by the rulers. It has long
been known as a most vital instrument in defense of the idea of the universality of human rights
irrespective of the difference of the nations and cultures.
The Social Contract Theory brings into play the idea of mutual undertakings between the people as to
their government and the development of democratic government and legal constructs to guarantee
rights such as freedom and property are the building blocks of this theory.
Enlightenment Philosophy went further and refined these concepts, giving rise to ideas of objectivity,
morality, and universal rights through the writings of Immanuel Kant among other major
thinkers. These waves of philosophical movement made individual rights and equality the innovative
issues in the political thinking.
Many religious doctrines from different faiths likewise obliged people to practice justice, fairness, and
care for the others affording them the dignity and worth of being humans which is very important in
maintaining human rights.
Revolutionary Documents, namely the American Declaration of Independence and the French
Declaration of the Rights of Man, were positively borne out of these theories and principles. They not
only put people first but also they ensured that human rights were respected in legal systems, making it
clear that humanization should be government´s first and foremost duty.
The Enlightenment's view of individual freedom compared to the Universal Declaration of Human
Rights after the World War II specifies the magnitude of the development in human right thinking and
internationalizing them. This work relates the formulation of the contemporary countries' human rights
systems to the ideas advanced by the Enlightenment era and outlines a process resulting in the creation
of the Universal Declaration of Human Rights. Moreover, it examines the influence on the global human
rights norms recognizes in today's world.
Enlightenment Ideals: The Enlightenment period was characterized by great interest in reason,
individualism, and the ideas of expanding knowledge by discovering as many new things as you
possibly can. Philosopher like John Locke, Voltaire, and Jean-Jacques Rousseau in relation to rights
not only implications on natural laws and social contract which explains that the legitimate political
power must come from the governed consent and it is should been exercise according to universal moral
principles, some of which says that the individual freedom must protected Locke’s personal freedom
and the separation of church and state ideologies provide the pre-modern foundations for democracy
and human rights.
From Theory to Action: As tangible presentations of the ideas of the Age of Enlightenment, the
American and French Revolutions were based on the notions of liberty, legality, and fraternity. These
revolutions equally delivered documents such as the US Declaration of Independence and the French
Declaration of the Rights of Man and of the Citizen. Those texts set the rights of the individual and
galvanized other nations to examine the vital role of individuals as the basis of any governance.
The Universal Declaration of Human Rights (UDHR): As the result of the Second World War
aftermath, the international community agreed to guarantee that security is respected worldwide. In
1948, the UDHR is the first global expression of the rights that all the human beings are---as a member
of the humanity-entitled to. The document reflected the development and revolution of previous
philosophical ideas and was intended to serve as a post and guiding star for all peoples and nations.
Impact of the UDHR: The adoption of the UDHR was a point where everything changed and
international law found on this new course of development. It became the starting point for the
formulation of many other international human rights instruments, for instance the International
Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural
Rights. In conjunction with the UDHR, they serve as the core of the global human rights system. The
UDHR has been incorporated into the statutes and legal order of several countries, thus conditioning
these as well as international law as a whole.
Contemporary Relevance: Nowadays, the theorisations of the Enlightenment and the UDHR set a
trend which people are in line with all throughout the globe. Privacy, freedom of speech, and anti-
discrimination laws become a subject of conversation, considering these very foundational ideas. Post-
World War II, the international community gave its most concerted effort to draft standards for human
rights that will help tackle these challenges, namely, globalization, migration, and technological
innovation.
Global Conflicts and Human Rights Evolution: The influence of international conflicts, which in
particular are the two world wars were factors that triggered momentous changes in the international
human rights laws. During the Second World War, various wicked doings were committed, and this
laid bare how necessary it was to have a set of human rights that were recognized all over the world. The
role of this period was significant in pointing out the corners of existing norms and the necessity of the
authentication of international mechanism controlling the human rights.
The Role of International Bodies: In the post-World War II saying, the United Nations affirmed the
commencement of the global appetite for cooperation. In 1945 the UN Charter was adopted and presents
human rights as one of the key issues and reminds us about the dignity and self-worth of every
person. This action was a way that the states were reacting to the war brutality and the pledge as a
continent to never allow such horrors being reiterated.
The Cold War Era: In addition, the hegemonic power struggles of capitalist West and communist East
in the Cold War were another major influence over the area of human rights debate. Every political
block found ways to promote their way of governing by emphasizing their record of respecting human
rights in whichever the context and with a tendency to give more emphasis to the civil and political
ones in the west and economic, social, and cultural rights in the east. Following it, however, an era of
enormous human rights activism and the rise of new waves of socio-political movements for more
justice, equality, and emancipation in various fields of life from civil and women's rights to workers
and minorities’ rights appeared as well.
Decolonization and Self-Determination: The late–mid 20th century liberation movement witnessed
several new nations entering the fold of the international system with many countries demanding equity
and a political self–determination to rectify the inequalities inflicted by colonialism. The kinds of states
that were new at this time set in motion new international human rights norms, viewed as they were
through new lenses and with different cultural mores, prioritising cultural and economic rights just as
much as civil and political rights.
Humanitarian Interventions: The much talked about concept of humanitarian intervention— the idea
that the international community should take action when there is a widespread violation of human
rights and grave injustices— was being broached on the global stage during the latter part of the
twentieth century and the early twenty first century. It is the conflicts in former Yugoslavia, Rwanda
and recent ones in Daish surprised the world because these countries were under burden of leaving those
who are under massive violations of human right without protection.
Globalization and Human Rights: Today's world is globalized and has the same challenges as well
as triumphs in the protection of human rights. Topics, such as, data privacy, international migrations,
and social economic inequality became the foundation of human rights communication. Additionally,
transnational corporations are playing an increasingly critical role in the world; the degree of the
influence of them on people’s rights within the global supply chains is being increasingly checked and
audited.
M1:
The seismic strike of the Second World War on the process of steadily consolidating human rights is
an undisputable thing. A crucial milestone was the war itself, as it ended up being the reason behind the
fundamental change of people’s perspective on the human rights and the international policy. Here's
how the aftermath of this devastating conflict forged a collective commitment to prevent the recurrence
of widespread atrocities:
Recognition of Atrocities:
The war brought out the haunting side of modern states with their capability of carrying out mass murder
displayed by the Holocaust and other crimes in wartime. The extremely dehumanizing process of
tortures and genocide, which is globally unprecedented amongst the world nations during the Second
World War, exposed the unavoidable necessity of an understanding that will protect individuals from
their own government and from all crimes against humanity.
The establishment of UN in 1945 was a reaction of the world to the catastrophic outcome of
WWII:
The result of the terrible events of the war had then been to form the United Nations (UN) in 1945 and
the principle purpose of the organization was to bring peace and prevent conflicts. The most important
principle of the UN Charter was the perennial and inalienable human rights. The same principle was
supported by the complete equality and people’s dignity. This indeed was a turning point and action in
the direction of this type of institutionalization of the human rights issues at the global level.
The Universal Declaration of Human Rights (UDHR):
Among the things that might relate the second World War in terms of the human rights is the adoption
of UDHR that took place in 1948. The desire for the provision of a good moral and legal foundation
which could stand firm against the aspects that cause future such atrocities is the main thing that has
fueled the Universal Declaration of Human Rights. This is the declaration that laid the foundation of a
more comprehensive set of rights which are universal, inalienable and inherent. be relevant for
everyone, including the man who are not born in the same country, class, or ethnicity as the
storyteller. Eleanor Roosevelt, the chairperson of the drafting committee, stated that it was an
international Magna Carta of All Mankind.
Genocide Convention and Nuremberg Trials inspired the establishment of an international
criminal court to try leaders guilty of war crimes and genocides:
The Genocide Convention of 1948 as well as the trials of war criminals after the Nuremberg and Tokyo
defined cases of the Holocaust were measures designed to deal with wartime offenses. Such acts were
an early attempt to christen certain international crimes, for instances genocide, as crimes against
humanity and make its commissioners pay for their wrong doing regardless of what authorize
them. This determined the procedure for the future international justice as well as upheld the idea that
particular norms can be regarded as guardians of the world international order.
Shift in National Policies:
The result of World War II, resulted in many global commitments to keep the issue of human rights
high on the agenda among major governments as well. Many countries created their new constitutions
and law , which accommodated the UDHR universal values. This epoch was marked by the dramatic
growth of civil and political rights as well as the glimpses of decolonization which very well couldn’t
be realized without the new emerging norms of human rights.
Global Human Rights Movements:
Some years after WWII, human rights struggles sprang in various corners of the world that included
struggles for civil rights, independence, and opposition to apartheid. These actions were frequently
swayed by the set of principles from the UDHR and made stronger by new international legal basis
which had emerged from the ashes of the war.
The Nuremberg Trials and the world order determinations which followed the end of the Second World
War show how humanity gradually transformed and there met its perception and care for mankind
rights. The measures as outlined in this regard not only dealt with the emergency of the war outcomes
but also envisaged long-term structures for the current phenomenal global human rights system.
Nuremberg Trials:
The Nuremberg Trials, conducted between 1945 and 1946, were groundbreaking in several ways:
Legal Precedents: They were the first ever legal proceedings to prosecute high-profiel national leaders
whom the crimes were being committed by for war crimes, peace incursion and humanity. It defined
the principle that civilians must be held accountable on a universal stage before the international
community for violation of international law.
Legitimacy of International Law: The course set by the trials reminds the world that international law
and justice are indisputable, that individuals cannot get away with such crimes just because they
happened inside a sovereign state, and at the same time they set precedents for international jurisdiction
over crimes that had previously been considered the sole responsibility of individual nations.
Definition of Crimes: They attributed to the designation of war crimes and crimes against humanity,
thereby endowing withiveness to the grey legal areas and having an effect on the subsequent
international agreements and acts of national legislation.
The emergence of the United Nations is a notable milestone:
The creation of the United Nations in 1945 was another crucial response to World War II:
Framework for Cooperation: The UN served as the foundation stone for international conversation
and creation of cooperation platform designed to preclude any future conflicts and to secure required
peace and international security.
Human Rights as a Priority: The fact that human rights became one of the conceptual hallmarks of
the UN charter showed that the international relations approach was undoubtedly transforming. On the
one hand, the Charter was intended to prevent war and aggression between states, but on the other hand,
it sought to do the same across nations by ensuring a better social progress and standards of living.
Institutional Mechanisms: This led to the formation of various organizations within the UN like GA,
SC and later HRC having the pivotal responsibility of tracking and resolving human rights issues
globally.
UDHR-United Nations Declaration of Human Rights.
Building on these frameworks, the Universal Declaration of Human Rights in 1948 further exemplified
this transformative phase:
Global Standards for Rights: The UDHR was a sort a doctrine that listed each and every one's rights
in detail, to ensure dignity and human’s constraints all over the world.
Inspirational Document: Although not legally binding the UDHR, has similarity experienced by over
70 human rights instruments thus constituting an international standard of human rights. The UN plus
is a platform for the development of the National constitutions and the legal framework of many
countries across the globe.
Long-Term Impact:
Among the most lasting achievements of the international legal order in relation to World War II, is the
establishment of laws and rights that seek to prevent future conflicts and crimes against humanity. The
creation of supranational bodies, joint enforcement mechanisms, and the focus on the fundamental
notion of human protection as the foremost pillar of global stability are overall the biggest
accomplishments of supranational bodies. Such developments, though, did not only aim at the making
up of the past crimes, but equipped all the stakeholders with the tools and norms of their own survival
and triumph in the face of the challenges of human rights in the future as well.
M2:
As a nuanced understanding of the confluence ethic-based behaviors, religious values , and human
rights emerges the resulting texture is simply nothing simple . After all this blend is the force behind
the development human rights worldwide. Despite the fact that this phenomenon was both bonded and
cultivating to human rights in different ways, cultural and religious factors have correspondingly played
a significant role in the development of human rights. Let's delve deeper into how these elements
contribute to the development of a shared sense of humanity and moral responsibility:
Fostering Shared Humanity:
Moral Foundations:
Common Values: Although most religions offer foundational values like mercy, justice, and equality
that have their origin in the universal values of human rights, some others make contradictory
interpretations, which are in violation of human rights. These principles then inspire the followers to
rise above themselves and to broaden their area of concern to encompass those of the others thus
developing a sense of togetherness.
Universal Principles: Spiritual teachings are most of the times directed to virtues that people globally
approve of and confirm our intrinsic commands, for instance, the Golden Rule found in Christianity,
Islam, Judaism, and other belief systems which encourage others to be treated in a way one wishes
himself/herself to be treated. Those are the principles that create moral foundation, which goes beyond
the cultural and national issues, therefore when we talking about the notion of human rights we also
must think about the universality of their nature.
Community and Solidarity:
Social Cohesion: The communities of faith generously give each a sense of belonging and core group
identification, which may be a key tool in helping communities act together for social justice and in the
interests of humanity.
Global Networks: The churches, having much experience in an international scale, can put their skills
of coordination into the very realization of people's civil rights, give voice to the voiceless, and also
create herculean humanitarian aid projects.
Constraining and Liberating Dynamics:
Cultural Constraints:
Varied Interpretations: However, the doctrine of human rights can be distorted by some
interpretations of religion and culture that do not adhere to this basic principle. Another example is
some cultures’ justification for any practices based only on culture regardless of the human rights that
are violated like female genital mutilation or caste discrimination.
Resistance to Change: In some societies, the changes in social norms and practices that are centered
on religion can be the reason that human rights norms may shy away from modern human values
especially where the acceptance of the rights is accompanied with the challenge of established authority
structures and traditional values.
Catalysts for Change:
Reform Movements: In the course of history, many heyethre lasted within religious traditions who
rehabilitated tenets on the basis of modern-day human rights doctrines. Thus, these attempts could serve
as an engine against entrenchment of these practices and for revolutionizing the system so that it
complies with the universal human rights standards.
Dialogue and Adaptation: The inter-religious dialogues and the cultural exchange created a platform
that enabled the people to understand one another and encourage them to embrace a more cooperative
approach. Because of this, there emerged various new interpretations that were inclusive and that upheld
human rights for every single person.
Legal Frameworks: There are many countries where the intersection point of religious law system and
the law system under a religion-independent governing body guides the legal system. The extent to
which these governance systems respect human rights or not is deeply rooted by the prevailing
perspectives from either the religious or the political culture. Minnowality and marginalized people
become easier targets for hate and violence if suitable legislation that protects the rights of vulnerable
groups is not put in place.
Policy Influence: Wieldings of power over of religious and culture are very often important factors of
policy decision of mass people. Being an integral part of the design and enforcement, these attitudes
concern aspects such as equitable treatment, social justice and welfare of the human beings.
A radical elimination of established social norms and religious doctrines through the theme of the
human’s right pillar along a great event is an understanding of the perennial log of ideas with actions
and culture. This underscores the complex and evolving nature of human rights development, revealing
several key insights:
Base Theories: Present a Scene, and its Effects:
Philosophical Underpinnings:
Natural Law: A theory has been developed so far, which is known as a natural law theory which
defines some rights as inherent and the best to will be believed to be true or real to all the people in the
world. This theory has both revolutionized and impacted history of human rights development. In the
light of the theories human rights allegedly is not a privilege that we are born with but rather it a part
of us and is linked to our very nature.
Social Contract: The line of argument concerning individuals submitting to the sovereign for order
and security and then the Sovereign's responsibility to keep them from harm as cogent in this context.
Religious and Ethical Contributions:
Religious Teachings: The dominant religious doctrines in the old times was based on the conception
of ideals like justice, compassion and life, which later on established their foundation into the social
and legal landscape of the society, therefore establishing the existence and realization of human rights.
Drivers of Human Rights: Examples of Universal Respect through Initial Events:
Wars and Conflicts:
Lessons from Conflict: Mass atrocities and worst human rights violation on the hand of own
government are gravest consequences of inter national conflicts with the more evident influence being
world war two. These issues bring into the consciousness the need for international standards and
mechanisms of prevention.
Decolonization: The period of the World War II decolonization era has not only first seen an overhaul
of human rights perceptions, but also the emerging value of self-fulfillment which is coupled with the
dissemination of racial affairs. The changes in the both laws and opinions as a result have made a huge
difference in the shaping of the international norms and countries’ policies.
Legal and Social Reforms: One of the most important steps towards eradicating gender inequality is
the enactment of legal reforms buttressed with social intervention.
Civil Rights Movements: The global human rights law is put forward by the movements of 1950s and
1960s like the civil rights movement in the United States and although it does not fully satisfy
requirements to protect and enhance human dignity by its hugeness, it remained a crucial barrier for the
further human treatment changes around the world.
Societal Values and Human Rights:
Cultural Diversity and Human Rights:
Cultural Relativism vs. Universalism: The issues of cultural relativism vs. universalism (concerned
with human rights) tell us how much rights are in priority of different societies that are held by the
culture, which is followed.
For instance, such popularity possibly relates to the issue of both the actual peace and the tranquility
universality as well as integrating local tradition and will.
Evolving Norms:
Changing Attitudes: More and more with the growth of society the reality of whether the definition
and the strategy of the uplifting human rights is to be altered or not comes into focus. Willing to mention
at least one of the examples - rights, equal rights, and rights of people with disabilities, problems like
this serve as a sign of the growth of our society values and human rights language evolution.
Achievements Highlighted:
Global Frameworks and Conventions: The universal framework for national human rights, the
establishment of the United Nations and the Universal Declaration of Human Rights, and the
conventions on specific rights at the global level have carved a framework for advocating and delivering
justice for human rights.
Legal and Institutional Developments: The embodiment of human rights norms was once a dream for
the communities. Today they are a part of many domestic and international laws offering the mechanism
for accountability and redress that had not occurred before.
Increased Awareness and Advocacy: A vast share of the world population is now involved in this
process through its own eduction and awareness, human rights campaigning, or generally following the
exposure about human rights violations in the media. Very precisely, the citizen realized they
themselves could take action and even force authorities to assume responsibility.
Ongoing Challenges:
Cultural and Religious Barriers: In defiance of the universally agreed context, cultural and religious
some parts of the world do really gives a hindrance to the complete enjoyment of human rights. For
instance, gender discrimination, persecution according to the sexual identity and freedom of expression
and religion limiting are given among these ones.
Political Resistance and Conflicts: Though authoritarian governments, political instability and
conflicts contribute to serious human rights violations, such as genocide, torture and arbitrary detention,
it is possible to overcome all these and make human rights a reality.
Economic Inequalities: Economic inequalities in within and between societies help to bring out human
rights problems particularly those affecting onto justice, health, education and other fundamental
freedoms.
Call to Action:
It is apparent in the process that continued to be hindered by impediments that human rights for all is
not yet fully realized. There is a critical need for:
Continued Advocacy: Longstanding collaboration by civil society members, international bodies, and
caring nationals who all strive towards the enforcement of existing norms and achieving reforms is a
vital factor for the better functioning of the world human rights system.
Educational Initiatives: Turning this into a wider mission for the world to endorse human rights as
universal norms could serve as one crucial extension on continuing to construct a more just and fair
world.
Adaptive Policies: In order to remain relevant to the challenges the present world is facing, which
change due to the influence of technological improvements, migration and the climate change, policies
must integrate human rights into all areas of the government and the development of the country.
P3:
In the post-UN era of the human rights implementation, the impactful transformative changes have been
observed in the domestic legal systems across the world which has uphold the UN`s significance in the
viability of global human rights standards. It is evident that this influence has led to a mindset change
from the dominance of state authority to a recognition of individual rights and observance of universal
principles. In return, national legislation has shifted beyond recognition.
UN impact on domestic judicial systems:
Standard Setting: The UN is a global authority constituted by charged with setting and disseminating
international human rights standards. The UN creates the structures to disseminate these frameworks
and guidelines, through its various bodies, such as the Human Rights Council and the Office of the High
Commissioner for Human Rights (OHCHR). Then, it allows its members to adopt and implement these
frameworks and guidelines.
Monitoring and Reporting: One of the main mechanisms through which the UN affects the domestic
legal systems is starting up its regular monitoring and reporting processes that stretch over time. Treaties
that can be found in documents such as the Covenant on Civil and Political Rights (ICCPR) and the
Covenant on cannot be bypassed.
ESCR (ICESCR) provide a mechanism whereby the State must submit regular and detailed reports on
what it is doing to protect human rights. These audits are then evaluated and the recommendations for
correction of the national laws are made, so that they act as the basis for legislation reforming.
Universal Periodic Review (UPR): The UPR process addresses the human rights record of each
Member State at the United Nations every 4 years. This peer-reviewed process allows every state to
state what specific strategies they have employed to ameliorate the human rights crisis and declare what
there results are.
The sovereign states and the state parties, they have to fulfill for their obligations of human rights. Many
times the recommendations and advice received are used for different pieces of national law.
Effects on National Legislation:
Legal Reforms: As part of the guidelines of UN and also the regulations of international human rights
system countries have amended their laws and constitution to help protect human rights. This movement
must involve the repeal of laws that discriminate based on race, gender, sexuality, or religion while
introducing new legal reforms aimed at strengthening the justice systems.
Institution Building: Many countries has set many new bodies and programs, such as national human
rights commissions or ombudspersons, for solving human rights problems inside the country. These
institutions frequently engage in an effort to bring national policies in line with international frames
through collaboration with international bodies.
Judicial Activism: No longer is just courts’ in different countries appeal to UN human rights
conventions and declarations in the past few years, we can demonstrate that the international human
rights norms have been integrated in domestic judicial practice and rulings. As the judicial activism
stands for reinforcing and enlarging the horizon for human rights at the national level, it plays a
significant role.
Challenges and Criticisms:
Sovereignty vs. International Norms: While the UN may be able to peculiar national legislation, its
contribution to human rights has been fall. Moreover, the UN, which is considered a global body, is
criticized for interfering in the sovereignty of a nation. The inability to reach a consensus is what poses
pinpoints of problem even in carrying out the recommendations of the UN when it goes against their
national interests or cultural norms.
Inconsistency and Selectivity: There are times when the very potency of the United Nations in regard
to human rights could be held back by some political considerations, resulting in cynicism over its
apparent inconsistency and selectivity. The miscommunication is apparent as some countries claim that
human rights enforcement is partial and based on political agenda.
Resource and Implementation Gaps: However, sometimes token of countries’ pledge towards
adapting their legal system in accordance with international norms the shortage in the same resources
((capacities)) prevents the implementation of the reforms. More often than not, developing countries
will find financial obstacles and technical shortages and lack of the necessary institutional backup to
adopt well-thought reforms.
P4:
The ECtHR's role in shaping the UK laws is very pronounced here as a the example of such human
rights interaction between international litigation and the national legal systems. The ECtHR as a
pivotal judicial organization under the European Convention on Human Rights has to a large extent
shaped the scene where people’s rights are protected throughout the UK.
ECtHR as a Key Ingredient of UK Law:
Incorporation of the European Convention on Human Rights:
The Human Rights Act 1998 can be generally described as a watershed in British legislation by
accepting the human rights as defined by the European Convention on Human Rights (ECHR) as part
of the domestic British law. It means that, in addition to ECtHR, UK courts will have an opportunity to
solve human rights issues, enact judgments, and act as one of the ECtHR’s jurisprudence judicial
bodies. It is a customary reaction to the Convention's standards, and it is the means to make sure that
everyone can resort to judicial remedies for protecting human rights inthe UK.
Direct Impact of ECtHR Judgments:
Setting Precedents: ECtHR verdicts have constituted solid bases for UK courts which has not only
confirmed but also steered UK courts in the direction of determining the most complex of the human
rights issues. It has the potential to impact the entire range of the rights including the rightful trial, right
of privacy, the right to be free from torture, and the right of freedom of expression.
Prompting Legislative Changes: The Strasbourg Court has handed down several decisions the UK
Parliament has actually incorporated into legislation as a result of. As an example, the court's decisions
regarding prisoners' the right to vote questioned the traditional UK rule of disallowing voting for that
was exercisable by all incarcerated persons. This resulted in a prolonged debate in the policy framework
which led to gradual change in the policy approach on the issue.
Cultural and Social Impact:
Raising Standards: By consistently using strong HCR as a basis, the accelerator develops trade and
investments within the micro-enterprise market sectors. ECtHR is unarguably one of the powerful
instruments that have shaped the cultural and social architect within the UK by promoting and keeping
in check the observed rights and freedoms. Public and political discussions sometimes are becoming
coordinated with the ECtHR rulings that set out the norms and values of human rights, in turn, pressing
governments to go further with protective human rights measures.
Education and Awareness: Another essential function of the ECtHR is manifest in the visibility of its
cases in the UK. Indeed, ECHR cases are highly educational improving both the public’s knowledge
and that of the legal professionals. It also contributes to a well-informed populace that is more aware of
its legal rights and the method of redress that is available via the courts.
Challenges and Criticisms:
Sovereignty Concerns:
Others insist that ECtHR is responsible for the excessive intervention in the UK law, a consequence
which will erode sovereign powers of the UK and will make legal system of the UK less
independent. These usually arise where ECtHR's definitions of human rights are framed to be broader
than the UK's position or are in direct conflict with UK laws or federal policies.
Brexit and Future Relations: The UK's decision to quit the European Union has resulted in a profound
debate over the role of European organizations, among them the ECtHR, playing in the UK legal
system. Brexit will by no means have direct implication for the UK's being a member of the Council of
Europe and having obligations under the ECHR. However, because of Brexit, interest in amending the
Human Rights Act or drafting a UK Bill of Rights, which will further alter this relationship, is growing.
Implementation Gaps:
Alongside the actual incorporation into UK law of the Convention of Human Rights, difficulties are
demonstrated in the development of a consensus by all the constituent regions and countries of the UK
in what way to deal with this kind of issues and what manual of conduct to use for their
implementation. There remain problems that are related to the admittance of immigrants into justice,
particularly to groups that are vulnerable, and to the effective execution of ECtHR's judgments.
P5:
Assessing the effectiveness of regional mechanisms in safeguarding human rights involves examining
several key aspects:
Legal Framework: Carry insightful analysis of the legal tools that those regional organizations have
created. For example, the article 16 of the European Convention on Human Rights gives authority to
the European Court of Human Rights (ECHR) to check and enforce its provisions. In the same manner;
the African Union's African charter on Human and Peoples' Rights originates the African court on
Human and Peoples' Rights.
Enforcement Mechanisms: Take a look at the way in which these rights are enacted. For instance, the
ECHR has to a position of a power that allows it to make directions that have to be followed by the
member states accordingly. On the one hand, the Commission interpretation does not have legal effect,
but can lead to changes in national legal system and policy through moral and political pressue.
Compliance and Implementation: Check out how regards to the rulings of the above courts are
complied by member states. For the reason that the level of compliance is linked with such factors as
the political, economic as well as cultural factors within the member states.
Impact on National Laws: Odinize the role of the regional human rights bodies in making decisions
and how they have been domesticated in the members national laws. Examples of these are adapting
laws, judges’ rules of practice and bigger public policies.
Case Studies: Check out the details of a particular case study, which also includes lessons that are
learned from both successes and failures. As a practical example, we can mention the ECHR’s influence
on shaping the existing anti-discrimination legislation in Member States and the role of the Economic
Community of West African States (ECOWAS) Court of Justice in cases involving human rights.
Challenges and Criticisms: Face up to limitations such as lack of enforcement authority, opposition
from a member state's politics, and resource shortage. However, they may also include the perceived
international issue of Western dominance or the sovereignty of states.
Comparative Effectiveness: Consider regional mechanisms' effectiveness across different areas. As
exemplified, EU system might be seen very successful because of its long legal and institutional
developments but could be quite be burdened because of weaker or underestimated enforcement
mechanisms or politically always unsteady communities.
It becomes evident that regional human rights frameworks play a crucial role in addressing human rights
concerns within specific geographical contexts due to several reasons:
Tailored Solutions: The regional mechanisms can have an advantage of customizing programs for the
unique aspects of a nation like their culture, politics, and economic. Given the African Charter on the
Human and Peoples' Rights comes from the community-based ethics of many African societies, among
others, it duly confirms individual and community rights.
Local Relevance: This way of governance becomes more efficient and often accurate as the structures
addressing specific issues understand them better so they can be effectively solved. Now, these bodies
are at the direct grassroots level and citizen steadily accept them as people in public and thereby
empower them to shape national policies.
Supplementary to Global Efforts: The regional organizations are the cornerstone of the overall
protection of human rights on the part of international institutions. They can even close the loophole,
where either global mechanisms or human rights standards may be insufficiently robust to effectiveness
enforce human rights.
Peer Pressure: Regional organizations can induce moral obligation amongst the membership by their
bloc pushes for better human rights observance. This in close and regional vicinity plus high level of
common identity may be used in this more pressure role which may become possible in existing
situation. Also scrutiny from abroad can be seen as interference.
Enhanced Cooperation: Through this platform they support better diplomatic and dialogue culture
across states developing Regional human rights context. ASEAN inter-governmental talks for humans'
rights can lead to more coordinated approach at solving human rights-related issues occur, just as
council of Europe.
Capacity Building: Regional platforms are usually platforms for sharing training resources and good
practices for dealing with human rights with fellow members. The strength of actions may be built on
this capacity. This is especially crucial where governments are faced with a shortage of prompt, efficient
and highly skilled government structures.
Responsive to Regional Crises: At the regional level, mechanisms become more flexible and quicker
in dealing with situations that can be on the scale of mass human rights atrocities and generous refugee
treatment in the region. They benefit from shared geographical and political space therefore they can
respond more immediate to crises as well as engage in more direct actions.
The interplay of both domestic in national mechanisms and international options to address human
rights violations are seen to be a complex and varied terrains in terms of success level. Let's examine
this further using the example of the European Court of Human Rights (ECHR) and national courts:
Landmark Decisions of the ECHR: Europeans judges' Court (ECHR) undoubtedly has become a
regulatory script for the judicial systems of the current members. For instance, in Dudgeon v. United
Kingdom (1981) the Court decided that the criminalization of homosexual acts was not consistent with
rights to privacy (Article 8 of the European Convention on Human Rights) and therefore led to a review
of the laws in different national systems. This underlines how regional human rights mechanisms can
contribute to systemic positive change – both at the level of law and in the minds and hearts of a nation’s
citizens.
Role of National Mechanisms: The national bodied are mainly responsible for legislation and
resolving of the human rights issues within their national territories. These bodies have the binding right
to tackle the offenses directly, make and apply the decisions. They are however capable of drastically
varying in their success since judges may be independent and the legal system may be strong or the
political circumstances may be unstable. For instance, a country where the judiciary has not been
promoted to independent ceases to have an effective National mechanism of human rights enforcement.
Complementary Functions: International alternatives like the ECHR give nation states more options
by instituting a breakthrough court that is external to the national courts when the national ones fail or
are inadequate. See, this structure can be split, which leaves some levels of accountability for auditing
teams. Through which national courts can accurately and fairly deal with complex human rights abuses
cases, such as state actor involvement or systemic discrimination.
Collective Response and Challenges: Besides an international approach one can also consider
collective responsiveness to widespread or systemic human rights violations that may simultaneously
influence many states or regions. This said, these mechanisms are prone to shortcomings as a result of
persistent political resistance of the member states in-question, limited enforcement capabilities, and
sometimes charges of arbitrariness or encroachment on the sovereignty of individual countries.
Examples of Challenges and Successes: The ECHR turned out to be successful in its mission to set
the bar at a high human rights level and compel states into complying with these rules in its decisions
which are binding. Nevertheless, there is also the difficulty that various member states may have
different compliance rates and how tedious it can be to only take an issue before the Court of Justice
when this issue has been dragged on for a long time. On the other hand, national entities will actuate
with unexpended speed in specific cases of human rights violation, but the restrictions of politics and
jurisprudence may affect.
Broader Impact: Consequently, adopting these strategies will help to develop processes that hold the
period before and after the implementation of changes at a high level of maintenance. On the other
hand, the direction and public opinion of human rights evolves together with the growth of the
society. At times your media contacts will empower you to provide the most recent ruings of the
international courts and the actionable national institutions. Another outcome of media coverage is the
open discussion in the public, just like it goes to the culture.
M3:
Sensitivity analysis of national vs. international systems of justice can be constructed in the manner of
national system of South Africa’s Truth and Reconciliation Commission (TRC) and the international
system represented by International Criminal Court’s (ICC) involvement of the Darfur conflict in order
to show the major differences and advantages of each system.
National Mechanisms: The commission on the Truth and Reconciliation in South Africa:
Context-Sensitive: One of the TRC’s objectives was to handle the specific nature of apartheid that
apart from the host of others required its own strategy “problem-solving”.
Promoting Healing and Unity: Its major goal was to make the purpose fact-finding and healing the
division and promoting unity instead of standing on the way of being revengeful which aggravate the
hostilities.
Public Participation: The participation of individuals and communities were utilized by the TRC
which were of great importance to the victims and the perpetrators to help them overcome their trauma
and to unite the community that was violated by their human rights.
Limitations:
Limited Legal Authority: The TRC offered amnesty to anyone offering truthful accounts about their
participation in the violation of human rights but some individuals have refused this offer as a choice
to of justice for the victims.
Varied Perceptions of Justice: It becomes unclear to everyone what justice meant for the victims and
the entire community and did the TRC do anything to facilitate an objective for reconciliation.
Dependence on Political Will: The witness of a commission as for many things depends on the political
support which usually makes this kind of establishment an insecure and transitory phenomenon.
International Mechanisms: International Criminal Court, Arnulte:
Impartiality: The International Criminal Court is considered relatively fairer than the national courts
perhaps with other reasons like the national jurisdictional system might be biased or under the influence
of a political force.
Deterrence: The main objective of international prosecution of human rights violations is the
prevention of their potential recurring in the near future and the message is loud and clear - from now
on such crimes will not be unpunished.
Global Standards: The ICC is one of the organizations that has aided in the development of universal
truths on global human rights that are justifiably accepted by the world and have aided the development
of the global rule of law.
Limitations:
Jurisdictional Issues: Although the institution can only develop if as much as possible the parties
involved in conflict ratify the statute of Rome and UNSC refers the conflict; sometimes cases out of the
jurisdiction of the ICC still do exist.
Political Challenges: The fact is that is there is the ICC, there can be political repressions for ICC
activities. The unwanted actions may be seen as a sovereignty treading, and the members can turn away
or take a second step.
Effectiveness and Enforcement: the implementation of ICC rulings is often deferred in case the
accused decided to surrender him/herself to the tribunal is such circumstances.
Comparative Analysis:
Coming to consider this we see that all these ways of reckoning are effective in National TRC because
they are national, so, they allow to scrutinize particular situations of culture and history which is
possible and efficient in rehabilitating and promoting healing and reconciliation. The structure of the
disparate power system in the international set up can produce injustice where there could be no penalty
and many political leaders would continue to enjoy their power status amongst the LEDs.
L03:
P7:
Interaction Mechanisms and Their Consequences
UN Human Rights Council & Universal Periodic Review (UPR)
Global Dialogue: UPR is a one of the kindatreporter where states assess each other's human rights
records whichcreates a peer review system which begets transparency and accountability.
Universal Participation: Each of the UN members is subjected to a review process, which gives the
impression that all nations in the world are in it together, and that we are all mutually responsible for
the attainment of universal human rights.
Sport by the Regional Organizations, particularly the Inter-American Commission on Human Rights.
Cultural Tailoring: These bodies offer up solutions that have been developed by embracing the world
of the needed regional or cultural contexts, this makes the results more relevant and probably more
effective.
Localized Expertise: The regional structures are much better viewed through the local situations,
political context and cultural specifics, bringing in more purposefulness and efficiency to the actions
performed.
Challenges in Collaboration:
Inconsistent Commitments:
Variability in Implementation: Because of the different level of the political will, financial means,
and applicable rules in any states, the effectiveness of regional recommendation can vary considerably.
Enforcement Limitations: Both UN and regional organizations lack enforcement power in ensuring
that states comply with their recommendations and even those that are done by those authorities are
depending on persuasion, diplomatic pressure and public accountability.
Teamwork between UN and the Regional Institutions:
Partnerships for Enhanced Impact: For example, the UN's partnership with European Union Agency
for Fundamental Rights utilizes global outlook and local experience at the same extend, which might
guarantee better outcomes.
Resource Sharing and Capacity Building: Such partnerships may bring about improved resources
utilization, exchange of relevant experience, and promotion of capacity building among member states.
Strategic Embellishments for Future Human Rights Protection:
Strengthening Enforcement Mechanisms: Building the strong legal and practical mechanisms for the
application of human rights recommendations by both national and international institutions.
Enhancing Political Will: Advocating for comprehensive diplomacy to promote political partnership
among member states to acknowledge and fulfill human rights standards.
Improving Resource Allocation: It is vital that both UN bodies and regional mechanisms are provided
with adequate resources to undertake said investigations and put in place appropriate recommendations
as well as support the member states in the implementation of the given recommendations.
Deepening Engagement with Civil Society: The plus of NGOs, human rights defenders, others civil
society in the process of monitoring and implementation to be or remain more democratic and
accountable.
Fostering Interregional Dialogue: Promoting regional communication and knowledge sharing, a
bigger understanding of the defiance in human rights standards to be established.
Western Democracies: Underlining Individual Freedoms
Fundamental freedom of expression was determined as a basis for individual liberty and democratic
regime in western democracies. The right to freedom of expression is kept in such documents as the
First Amendment of the US Constitution and the Article 10 of the European Convention on Human
Rights.
Key Characteristics:
Liberal Framework: Enlarges the understanding of the limits of the freedom of expression to protect
speech that may be offensive or controversial, however, does not encourage the illegal incitement to
violence or hatred.
Judicial Precedents: For example, cases such a Brandenburg v. Ohio in the United States specify the
circumstances under which speech cannot be restrained, including when it simply calls for immediate
lawless action.
Impact on Society:
Establishes a culture where the society grants worth to opinions of the individuals and dissent as the
main ingredient to social growth and governance.
Public speeches and the media are lively with adequate laws and protections for press freedom to act as
a watchdog for government overruling and corrupt officials.
Asian Contexts: Social Obligations and Limits
In that case, mostly in Asian countries, there is a different focus. Socio-cultural values like concord,
respect for the authority and local stability generally come parallel with individual freedoms. Such can
turn into more heftier measures on freedom of expression.
Examples:
China: The government is subjecting media and communication over the internet to strict control. Such
a measure is being taken for them to be able to secure social stability and overall harmony. Platforms
like Weibo (similar to Twitter and Facebook), have their content monitored. Political sensitive content
will be censored.
Singapore: Singapore which is known for its intolerance of criticism had often resorted to citing the
need for racial and religious harmony as the reasons for its draconian defamation laws and the policies
regulating public assemblies and speeches.
Cultural Foundations:
Collectivism: A central point is that people get together to improve the quality of life in society as a
whole. The individual freedoms can be under question because the collective interest of the nation or
community seem to be the priority.
Respect for Authority: A tendency to greatly honor authorities and social orders frequently brings
with it an enormous approval of governmental power over the speech of the people.
Contradictory Views in Human Rights:
International tension and confusion can result in these different approaches that can then mess things
up mostly in forums such as the United Nations. Western nations perceiving the restrictions of Asian
contexts as human rights violations and their others defending their policies as vital parts of their
community culture and social fabric.
Case study:
Recently, the massive surveillance against freedoms of expression has brought fears to Hong Kong
residents due to the enactment of the National Security Law (NSL) by the Beijing authorities. The
Western observers confined in their own values regarded the given political measures as the despotic
violations of the human rights in Hong Kong assuring social stability and national security, whereas the
Chinese authorities have claimed the opposite purpose.
P8:
Notwithstanding the significance of the civil society in the process of democratization as well as the
protecting of human rights, the former can work as a catalyst for the transformation and the middle man
for the government and the individuals. Around the globe, from the United States to the different
components of Asia and often beyond, civil society including researchers, non-governmental
organizations (NGOs), grassroots organizations, and their role is obvious.
NGOs as Multipliers of Human Rights in the Asia-Pacific Region:
NGOs in Asia, such as Amnesty International and Human Rights Watch, have rapidly amplified the
public awareness of the oppressions like political repression, labor rights abuses, and the curtailment of
the freedom of speech to the general public. These organizations work by:
Documenting Violations: They perform quite the role providing the world with illustrated reports on
human rights violations which have an essential role of forcing authorities to take action and implement
the required changes.
Advocacy: Engage in advocacy at both the local and international levels to change the policies at both
levels and the public opinion.
Supporting Local Movements: Supporting the domestic activists and the backbone of local
movements, they can assist them in both the global podiums and resources.
Examples:
Amnesty International in Myanmar: Amnesty has carried out investigations and issued reports on
the military misconduct against Rohingya people lending a hand to global response strategies.
International community is taking actions after episodic occurrence of human rights violation in
Myanmar because there are third-party advocacy organizations.
Human Rights Watch in China: In its recent report, HRW, among other issues, has highlighted the
deterioration of human rights in Xinjiang and the worsening of frozen situations in Hong Kong, driving
the international attention and influencing the policies.
Civil society and the Law Frame:
Active participation in legal framework shapes by the civil society is greatly by the glimpse of many
movements that at last contributed to the change of the legislative and societal structures.
United States: Social outburst commencing with Rosa Parks' refusal to give up her seat to a white man
and the boycott of buses adopted by the African Americans, which was followed by the foundation of
the National Association for the Advancement of Colored People.
The civil rights movement of the U.S. in the 1950s and 1960s is an evident illustration of how civil
society takes place through non-state actors such as activists, advocates, and the public engagement,
which resulted in legal changes, and civil rights such as the Civil Rights Act of 1964 and the Voting
Rights Act of 1965. Rooted in both grassroots organizing because it drew much of her energy from the
mass movements of people where individuals worked together to secured eyesight for all and legal
challenges to dismantle the institutionalized racial segregation.
Asian Pro-Democracy Movements:
In numerous Asian countries, anti-democracy movements are very well connected with the democratic
norms and rules.
South Korea: The pro-democracy movements in the 1980s, resulting in the June Struggle of 1987,
shifted political and constitutional systems from dictatorship to democracy by implementing direct
presidential elections, which was a major development for the Korean legal and political system.
Hong Kong: Different significant turning points of the earlier movement known as the Umbrella
Movement of 2014 and succeeding protests of 2019 have larger effect on the political issues of the area
than the previous social things, yet without noticeable impact either on the success of counteraction
which are in the form of policy responses like the enactment of National Security Law.
Impact on Democratization:
The role of civil society in democratization is multifaceted:
Enhancing Accountability: A simple picture of this can be obtained through the civikaycie
organisations which campaign against lawlessness and the establishment of watchdogs that obviously
is the key factor that makes the governments to do their part the right way.
Promoting Political Participation: The high level of the society members active involvement into the
local political process is the basis of the consciousness of equality and formation of democratic
societies.
Legal Reforms: The non-governmental groups, as example, will not just bring the cases as court or the
policymaking recommendations, but they can additionally manipulate the laws that protect human
rights and good government.
M4:
The crossover of globalization and wars is so complicated and traditionally diverse that it concerns
world politics, economy, technology and the media world to the major extent. With the speed of the
transfer of information over the internet and the increased interrelation, globalization significantly
shapes the aspect of civil conflict, which entails the evaluation of the termination and development of
the solution of global conflicts.
Today’s Global Media and the Human Rights Concerns Transparency.
International media has a paramount position of member’s public opinions among armed conflicts. By
the way of live streaming and up right reporting, media can provoke instant interest in human rights
violation, caused by the conflict, which is a strong method to influence people's opinion and leads to
policy changes globally.
Examples:
Syrian Civil War:
The Syrian conflict, began in 2011, has extensively been reported by work has got the world to be more
exposed to the more than terrible human rights violations that have been conducted by many of the
factions and groups of the government and the extremists. The incidents of chemical weapons, attacks
on civilian populations, which translated into the refugee crisis have driven the international community
to send strong messages of harsh condemnation that resulted in major military and humanitarian
interventions.
Rohingya Crisis in Myanmar:
The widely reported media accounts of the Myanmar military’s offensive against Rohingya Muslims in
2017 reveal the sweeping ethnic cleansing and brutal human rights atrocities, such as the killing of
ordinary civilians and gang rapes. The international community, mainly media reports turned the
spotlight on Myanmar, and subsequently imposed sanctions and offered humanitarian response to the
entire Rohingya population.
Impact of Social Media
Besides the traditional media, social media has transformed the environment through which it has
become easy for people to get information on armed conflicts and human rights violations. Social media
platforms give people whose lives have been turned around by war an opportunity to report through a
rapid, grassroots style that includes grassroots activists, citizens, and sometimes even warring parties.
Influence on Public Opinion and Policy:
Social media campaigns can spread the popular opinion amongst public sentiment and even reach out
leaders, for instance as was evident in the #BringBackOurGirls during Boko Haram kidnapping in
Nigeria. Therefore, social media campaigns are usually effective instruments that could have
encouraged state and international organizations to raise the issue faster than before digital
development. Worldwide issues of peace that are linked to the globalization phenomena in wars and
conflicts.
While globalization and media can highlight abuses and mobilize response, they also present
challenges:
Misinformation and Propaganda:
It is undeniable that the same media, which possesses the character to spread awareness, may also take
the role of a vehicle for the transmission of propaganda, as well as fictional stories. In this way the
media may be mixed by parties to create certain narratives as predicted by the Russian way of
consequences will be stagnant economy, increased unemployment and lowered people’s opinions about
the tourist industry.
Complexity of International Intervention:
There, the temptation of interference from other countries consequently takes place; it might make
everything tougher. Initiatives may comprise a complicated mix of both humanitarian persuasions and
geopolitical concerns and urgency taking place in the context of the attention provided by the rest of
the world could lead to fast decisions which at the same time would not bring lasting peace and justice.
Economic Interests:
Global economy is especially called into play when the conflicts crop up. At the moment it may either
accelerate the conflict or have a contrary effect, that is, contribute to its restraint. To illustrate this, the
fact that the DRC conflict lasts due to coltan mining might be pushed by international demand for
resources as the one of the second case. Furthermore, we may use economic sanctions or trade
embargoes against countries who are the cause of human rights infringement.
Bibliography:
United Nations. In 1948 the Universal Declaration of Human Rights was adopted as an important
document.
Amnesty International. For more information about Amnesty International have a look at their website.
Human Rights Watch. Find out about Human Rights Watch by going to their website.
United Nations Human Rights Council. Delve into the Universal Periodic Review on their website.
United Nations. Become familiarized with the Inter-American Commission on Human Rights (IACHR)
on its website.
D2:
Globalization is an ongoing process of intense interaction and interdependence, leading to
reconfiguration of economies and societies with the consequent impact on human rights especially
through unfair labor practices inherent in transnational supply chains. This problem overlaps with
division of culture, the role of civil society and finally, the overall implications of globalization. Given
below, I delve into these relations and their effects for the human rights, specially while in conflict
areas.
Occurrence of Exploitation in Global Supply Chains:
The production in a world-wide supply chains is so often complicated by multilevel networks arranged
geographically across different countries, each of which is characterized by different economic growth
and regulatory standards. This makes it more likely for a situation where there is massive labor
exploitation, especially in the countries with low wages or conflict affected areas where the officials do
not enforce law or are corrupt.
Examples:
Textile Industry in South Asia: For instance, the textile and apparel companies in countries such as
Bangladesh have had to face numerous criticisms about working conditions which are undesirable, low
wage rate and even the accidents which left many people injured or even dead , for example the collapse
of the Rana Plaza in 2013.
Mineral Extraction in the Democratic Republic of Congo (DRC): Illegal extraction of commodities
such as coltan, which is a widely used in consumer electronics, has been tied to human rights violations,
child labor, and funding of rebel groups in the area.
The effect Human Rights in conflict areas:
The fact that conflict areas are prone to the effects of globalization on human rights is where the situation
is seen urgently aggravated because of the social, economic and political order being damaged which
makes it so hard to enforce labor laws and protect workers.
Exploitative Labor as a Fuel for Conflict: In some circumstances, it can be the case that the
exploitation of labor serves to finance armed groups, and such a condition may cause other grievances
to be left unaddressed and anti violence to continue.
Displacement and Vulnerability: This displacement results in the population becoming more exposed
to exploitation which leads to the slavery and forced labor happening inside the global supply
chains. Individuals amidst forced migration often are compelled by circumstances to do whatever job
is on offer, even if the job conditions are awful.
Function of Cultural Values and Civil Organizations:
The cultural norms and the segments of the civil society play both the role of acceleration and
attenuation of these problems.
Cultural Values: Some societies could show greater acceptance of hierarchical structures and power
asymmetries. These cultures could sustain exploitative practices of workers as they may not regard
these labor practices as problematic. On the other hand, a culture which would highlight the importance
of community and social solidarity might lead to a social movement in order to protec workers' rights
from mistreatment.
Civil Society: The most effective actors in this situation are commonly non-governmental
organizations, activists, and the communities themselves at a local level who strive for the protection
and changes necessary for the marginalized. The fact that both corporate social responsiveness
campaigns and advocacy have direct effects on engaging stakeholders in pressuring both governments
and corporations to amend their practices and policies.
Culture, globalization, and civil society, as factors which are reflected through their interplay:
The interaction between globalization, cultural values, and civil society creates a dynamic landscape
where human rights are constantly negotiated and contested: Human rights in the context of
globalization are determined by the interaction between globalizing processes and cultures where civil
society is also part of it and there is dynamics where often rights are negotiated and contests in a way.
Global Norms vs. Local Practices: This is because these norms of human rights are within the scope
of the issue of globalization that can behave oddly and be against the local cultures and system at
times. As a result of that, the dominant society or the local society itself might not like this and they
may react with confrontation or resistance and the way of coping depends on the strength of the local
society and its ability to respond.
Civil Society as Mediator: Communities seldom act as individuals developing a discourse on global
influences considering local realities, but intermedializing between global influences and local
needs. Hence, the local human rights articulation is made possible, where the rights are given cultural
reason for relevancy.
Corporate Responsibility: It has come at present that the internationality of the contemporary
businesses afford them, in many instances, the chance to relinquish specific national regulations; on the
contrary, a hike of civil pressure has been seen on the global scale whereby corporate social
responsibility initiatives have turned into mainstream and so companies now in every of their offices
ensure proper human rights are adhered to and every employee is treated fairly.
The globalization, civilization norms, and the civil society constant evolution, as a factor of improving
or worsening rights can easily be understood in situations like the one of the Rohingya story in
Myanmar. This example vividly shows that the weaving of the local fights, cultural settings, and
paramount reactions all make the addressing of human rights as complex and fragile.
The Rohingya Crisis: The core of the speech of the speaker was that what really made us live was not
matter and science, but rather feeling, spirituality and creation.
It has become an apparent evidence that the treatment of the Rohingya Muslims in Myanmar through
depriving them from their nationhood by referring to their particular reputations as so-called Bengalis
as their brutal conditions, can be regarded as an example of the situation where many human rights are
being defended amid the human biases, sovereignty of a nation and international diplomacy. Genocide
is seen as a serious crime. This ethnic minority of Myanmar people, The Rohingya people, have been
for a long time the victims of brutal discrimination while being at other times persecuted as well and all
the accusations were brought to the armed forces of the state government, which was a crime against
humanity.
Cultural Values and Nationalism: I would like to bring back to the first-mentioned problem, which
is the evident disparity between different communities, ethnic and religious conflicting issues being the
main ones. The factor is most significant disparity between Buddhists in Burma and the Muslim
Rohingya. This society, with stripes of its previous repressive past in its sleeve, not only made those
tensions a spotlight but also diminished them in the narratives of culture and sometimes even in the
policies of government until they had an impact on the common opinion and people support it.
Civil Society Efforts: Local-geniuses, micro-organizations, International NGOs, the number of them
indicates this problem being one of the storming issues on the international arena now. They exerted
some influence through the lines of the cases of violation notifications, humanitarian emergency support
as well as activism for legal action. Even though they try to be the best they can at their job, the extensive
monitoring by satellite with strong control and the apparent disinterest of Myanmar government to any
respond constitute the inhibiting factors that impair their efforts.
Global Responses: The sanctions by the community countries, which is mark of many statement of
condemnation, economic sanction and visitation by the UN in mediation and relief are a manifestation
of effort trying to make the conflict ends. As I.C.J advices, the very first step is to urge Myanmar
authorities to terminate all acts of genocide against Rohingya people, which hints that legal methods
adopted by international community do help in the sense that these methods are provided to respect the
human rights.
The Universal Declaration of Human Rights (UDHR) now makes a big announcement in the
United Nations:
UDHR takes the generation of the main principle onto which we will build everything that person
imperializes dignity, equality and non-discrimination. It provides a framework for international rights
and standards that guide the global response to crises like that of the Rohingya:It is meant to assist and
inspire human rights, including generalized principles that all agents converging in the Rohingya matter
should obey.
The starting article of UDHR is based on the fact that every human being is born with a free self will
and the same dignity and rights. It lets us know that how we are, in spite of the color of our skin, each
one of us is just like another person, and as such incredibly valuable. Frequently in situations like the
Rohingya crisis, the major populations do not demonstrate this invaluable sense of responsibility.
The post Article 2 takes these rights, freedoms and groups of people, as mentioned in the declaration,
to another level by adding to them all people irrespective of their religion, race and many other
characteristics. Hence, the powerful portrayal of the systematic bias and abuses of this minority group
brings to light this situation. If the teacher begins with that particular issue, he/she requires the content
from other subjects in preparation of the subsequent lessons because they would also be relevant to a
student.
Culture has participated in the dynamics of globalization especially. Cultural differences have played
an important role between the national entities. The case of Rohingya, a rod for the whole world,
ascertains that although there is a set of criteria that speaks of the need of protecting human rights, the
so-called efficacy of this protection varies largely and depends on a concrete local context and capacity
of the international community to respond rapidly.
About this future, it's not a secret that in order to reach stronger rules sphere enforcement and to enhance
the social environment of nations and make them more resilient, the goal is to create such a global
culture that definitely appreciate and follow the principles enunciated in the Universal Declaration of
Human Rights (UDHR). On the other hand, is also means identifying and acting upon the cause of
conflicts and oppression. Such a duty is a direct reflection of the values of the concerned cultural
elements or otherwise discriminating elements.