Thursday, April 4, 2019
Struggle For Human Rights And International Law Human Rights Essay
Struggle For Human Rights And world-wideististicistic Law Human Rights Es placeIn this essay, I seek to proffer a deeper agreement well-nigh the constant struggle for servicemankind rights and internationalistic law, In first instant, I am going to cave in a sm any review about the meaning of piece rights and international law, basing on general context, secondly, I will introduce us the capabilities approach of merciful rights in a frame fix for understand the commonplace declaration of homo inner rights (UDHR) and finally, I am going to illustrate how the main elements affect the relationship in the midst of countries in the international system.For start with the development of the essay, it is measurable to have full crawl inledge about the main topic that I am going to develop during the course of the document, I mean, the piece rights and the international law. So, we cam say that the merciful rights are rights to which everyone compassionate being is entit led simply for because he or she is a homophile being. These rights do not necessarily have to be linked to a legal system and moldiness not be protected by law, because as everybody knows, there are some of them that exist do not matter how, equally, it is very relevant to note that when these rights are stipulated within the legislation, the enforcing human rights is much easier.Also, imputable to the fact that some countries in the universe of discourse agree that human rights are thoroughgoing for living in a more harmonize international community, I mean, this is, shared by all people heedless of age, race, sex, godliness, etc., so, if most of the people are agree with this, it tend to be classify as universal rights, and in order that these rights are taken into account in a global level, it was necessary the creation of a document in which is stipulated all the human rights, This document accepted as the foundation of international human rights law is the universal dec laration of human rights passed by the United Nations (UN) in 1948, and which is use until today indoors this document, there are include some of the rights that probably could be the most important ones in international terms these human rights are linked with the ideas of justice, respect and equality. And as I said before, this rights are global, and as universal rights means that they are not necessarily conferred on anyone, but are simply indispensable and due to all human beings. En plus, the thought of some countries are different with respect to the other, which whitethorn crystalize different laws regarding these rights and some of them may not have any laws regarding them, some of the most patronise ones, are the right to life the right to exemption of religion, the right to education and work, etc, later, we will see that this fundamental rights in many parts of the world are too often violatedTo deepen understanding of the struggle for global justice, it is important to appreciate the concept of international law, which is a complex process of imperious and controlling decision operating across national and equivalent boundaries, at a minimum, to maintain world order. To this end, by way of an interpenetrating mix of command and enforcement structures both internal and external to states, this includes a variety of doctrines, principles and rules. We gage said, that the field of international human rights has achieved the comprehensive and elevated global status of preferred world mankind policy. It supplies a framework for a world order of human dignityTo begin, I indispensableness to expire a clear explanation about the meaning of gender, because this is a very important issue when we need to talk about human rights, moreoer, it is vital to identify that gender Is not only associated with the women, it also is link up with men, because, this concept must be understood as a social and cultural construction which is establish on biologica l differences that probably nominate cause inequalities in the international system also, the gender contributes to an important analysis about the real situation of human rights, because, in the case of human rights violation, the gender analysis, could care us in order to know which are the action that the country have to apply.It is important to remember, that within the document there are included the rights of equal gender and the rights of non sex discrimination, so, the state have the covenant to protect in the same level both sexes.At this point I would like to make a lot of emphasis in the challenges that Colombia has with respect to the rights of womenOne of the biggest challenges is related with the promotion of true socialization of human rights in Colombia. Because the equality between men and women, and the realization of greater efforts in implementation and metier of the policy to allow women to achieve true gender equality and contribute to the creation of the culture human rights Also, the State must adopt measures to modify stereotypes and cultural patterns that cause discrimination against women, this will also benefactor to achieve this purpose.The active role of civil society to complement efforts state is crucial, because as the recent cover up of the High Commissioner recommends, the Government and the defenders of human rights have to develop and institutionalize a stable dialogue, both nationally and regionally, to achieve greater degree of understanding, and improve the promotion and protection of human rights throughout the country.Finally, I want to talk about the challenges of the state in relation to the internal armed conflict in Colombia. In this topic is important to remember the recommendation of the High Commissioner to the Government, to the illegal armed groups and civil society to no spare efforts to establish contacts dialogue and negotiation in order to resolve the armed conflict and achieving pause ().Also, th e High Commissioner added in its recommendation that dialogue and negotiations should take into account, from the beginning, the human rights and international humanitarian law.One of the most famous example of violation of human rights is closed related with spectral customs, because the international law of human rights poses considerable challenges for religious usances, here, I consider some of this challenges, particularly that raised by the idea of womans human rights.The international law of human rights has not been largely detached from religious world view, because a human rights law does not ignore religion as an aspect of peoples lives. International human rights law recognizes a right to freedom of religion and discrimination on the basis of religion is prohibited at international law. Historically, the UN general assembly adopted a declaration on the elimination of all forms of intolerances based on religion or opinion, but the UN commission appointed a special repo rter on religion intolerance, but the engagement of human rights law and religion has been by and large at a procedural level, concern with freedom of religion as an aspect of controversial, because some religious traditions cannot accept the idea of freedom to chose a religion. So, if human rights law has not engaged explicitly with religious traditions what have religious tradition made of human rights? In one hand, human rights and religious are intimately, if ambivalently, related in that religions provide a transient perspective by revealing a dimension of human life over and above the social and political order. Religions set a limit to the power pretend to be the unitary source of all authority. The tension between the region and the state is obviously in almost all the cases.In the case of Catholic Church this lack of engagement on the international level did not mean lack of interest in human rights issues. In wake of Vatican II, the church bet ond many human rights noti ons the ideal of equality and human dignity is part of the Catholic culture. Other think that is important, is that religious tradition are the idea of sanctity which supports humans rights, it also has been very active in the grassroots of human rights struggles in many parts of the world. Both leaderships from Rome and the work of local churches have supported and guide human rights movement in central and Latin America.The relation of Islam to human rights is more complex. Moslem religious law, developed in the second and third centuries of Islam. It is not a formally enacted code, but a considerable body of jurisprudence in which jurists holy scriptures of Islam. It is a body of religious and moral directives and principles. It affects the thinking and fashion of Muslims the worlds over and it is the foundation of the institutions and customs of most Muslim societies. Because of the deep significance of the Islamic society belief that t should take precedence over any other legal system. The basis of international human rights law, the idea that a person has rights by virtue of being human, is foreign to Islamic jurisprudence. Indeed, many Islamic precepts are based on distinctions between humans- Muslims and non-Muslims, men and women, for example the Islamic makes repudiation of Islam or, as we know from the salman Rushdie case, the expression of views contrary to Islam punishable by death. Recently, the Islamic world has made an attempt to come to grips with international human rights law. The declaration refers in its preamble to the charter of the UN and the international bill of rights, but does not endorse those instruments acceptance of a right to be free from slavery and the right to change ones religion. Many of international human rights guarantees are weakened considerably in the Arab charter.While the Catholic Church and the Islamic can claim an engagement with international human rights issues on some issues, they have played a ostracise and problematic role in other human rights context. The issue that has most often provoked this reception is that of womans rights and it has fostered a striking and incongruous alliance between the 2 religions traditions. A coalition of the Islamic countries, the consecrated See and some catholic countries has been most prominent at united nation conferenceThe catholic and the Islamic religious traditions strenuously opposed placing womens health, genteelness and sexuality within a human rights framework, because the UN conferences work on a consensus principle, the coalition resisted a definition of the notion of reproductive health to include sexual health, the purpose of which is the enhancement of life and personal relations, and not merely counseling and car related to reproduction and sexually transmitted disease
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