Humanities management assignment essay help: Human rights and fundamental rights

Introduction

Human rights are the fundamental rights which belongs to each and every human being.Nationally and internationally,these human rights are legal and natural.Human rights can be define as a freedom which is given to all kind of people,irrespective of their gender nationality,caste,race etc.Different types of human rights are there,and one of the major right is the political right.The moral behind introduction of human right is to put an end to torture,hunger and negligicence of medical facilities,and one of the biggest human right is political right,that is to choose the representative of country by themselves.The word contestation refers to the argument of statement or any claim.Evaluation of contestation can be done in different way, basically it depend on the statement, which is being contested. We should distinguish between different situations.However there is not a single country,including countries like Egypt,Mexico,South Africa,China etc,where human rights have not been argued in one or the context.The driving force of considering the international as a supreme, is the human right law,however there will be a difference between the state, while considering the content of the law.(D.Kinley) .All over the world ,we can see that many arguments occur which give rise to contestation,and as a result this lead to a rise of many victims.A journalist ,who was Franco-German died in Tunisia,due to the occurrence of many contestation.There are around seventy victims ,this is the data given by international  federation of Human Rights League.These three words are not in the dictionary of other countries,that is why it is a good luck of the one who get born in France.The Civil Right provide everyone with the freedom that they can disagree over something,or can contest,or they can express their thought..When the government in China does not allow Chinese to demostrate, they show more concern for their life.And then the news from other land get disapproved, for an example, the information related with the Egypt and the regime of the Honsi Moubarak.Contestation of something is not a dirty thing, but the contestation should be done properly.Revolution is not always the solution, but  sometimes it  is disputed and it is the nature of human to diagree as we all know that human race is never satisfied and the biggest example of this are French.An example of external contestation is the judgement made by the European Court of Justice (ECJ) in Kadi.The main concern about the human right is that a universal identity of a human has been propagated in a world which is fragmented politically.We have to understand the division created by human rights in the Divided World, the book written by Randall Williams. The ideologist limits of human right have been explored. He has examined on it by taking into consideration the division in humanity created by Williams. The market of housing of any city gives its citizen the facility to reside in affordable and safe place. It has been argued that due to this access, individuals has got base to increase their capabilities.(Sen,1999;Nusbann,2000).Kemeny in 2001 stated that through tax, government paid for the health and education, however housing was never taken into consideration. Constitutional has provided us freedom of speech, religion and association. Middle east does not respect the human rights of the citizens. There has been always a difference between principles of human rights and some religious norms.Abdullahi Ahmed Al-Naim has worked to show the friendly relation between Islam and universl human rights.Human rights have provided us with vision for improving social life. Sometimes human rights have been used as a special tool, especially by social movements, that with ,that with their new right claim, challenge institutionalized authority.(Goodale 2009;Hunt 2008;Stammers 2009).On 10^th December 1948,that is forty five years ago the Universal Declaration of Human Rights has been adopted, today some group have argued that the Western Culture has been reflected by the Universal Declaration.(Cerna,1994,740).Against the universality of human rights,the culture relativism was being promoted by Asian value. In 1993 after the conference of United Nation Human Rights in Geneva, many Asian states signed a ‘Bangkok Declaration’, which created problem for universality of human rights. The declaration consist of mixed statement ,it contains clause which support the universality of human right, but in the same time, some other clauses are there, in which ,which emphasize on the importance of the cultural, historical and religious background. The court of international human rights is problematic and there are strong points to contest the decisions made by such court. Human’s rights have been always an argumentative issue, and it is like announcing war. Critics have always used the slogan of human rights for the rally.Human rights have always been violated throughout the world, and double standards of the liberate state, when the question of human rights arises, Yet despite the widespread violation  of human rights throughout the globe, and the profound double standard with which even liberal state behave when it comes to human rights,the various patterns mention in the international human right laws are followed by many countries.Acceptance of human right concerns is one of the important activities by global corporation and it is  not becoming easy for o a cruel act of human right  to get rid from the  reach of international criminal justice. Human rights and its idea has become centre of discussion. There can be discussion, debate related to human rights across the world and attempts can be done to improve the condition of human life.

Human rights and individuals

The main objective of this part is to understand how human rights can be related to an individual, or we can say deprived. To understand the human rights, first we should know what it mean to be human.We cannot impose human rights on humans, without understanding the meaning of human.. Some advocates of human rights have an idea about the people like human beings and one will get true human beings according to Jack Donnely. Rights of human are based on the potential of human, and the understanding about a human being,according to idea of Donnely.According to Douzinas the human are recognized as a floating signifier while considering the rights of human.The word human right is a word which does not have any meaning and it can be make meaningful during the struggle between different political parties and help them in campaigning. In the limelight of the symbol, which is connected to humanity, a cause or an issue can be presented. An argument was done by Marxists, according to him, human rights give rights only to white,it give right to the male to exchange property,exploitation of women and workers are done under the name of human rights, and politics have always dominated ,according to the views of Slavoj Zizek..Douzinas states that it it possible to understand the constitution of violation of human rights, simply by excluding the one, which have not been violated. Universal concept of human rights, sometimes provide meaning to the society, but there have been always a minority group which fails to safeguard their rights. (the “bogus refugee” or the Guantanamo inmate).Intervention by the US and Nato is done, as human rights of its citizens have been violated by the Colonel Gadaffi .When these same citizens plan to get rid of the danger,and migrate to Europe, then their status of human rights is considered and then they are known by the word migrants, whose claim related to human rights  can be put off ,by putting them into camp, or by not allowing them to migrate. According to Matt Schofield..who recognizes the hidden danger that come with taking rights to have internal  moral value. Finally, it holds religiously the particularity that is found in the nakedness of every human.

Contestation of decisions of international human right courts

This part basically consists of contestation of a decision by court of the human right. Three different kind of situation arises.Firstly,there may be foundation of decision on the contesting state, for an example the judgment made by ECtHR against the state.Secondly,disputation may be on the decision made by ECtHR,that have been against some other state and the third one is that disputation may be related to the decision made by institutions of human rights. There is difference between disputation that are internal to the law, and another ground of contestation which are not internal to the law made by international human right court. These both type of contestation shows a difference, while understanding the relationship between politics and law.

 Descriptively, the weakness of the internal pluralist paradigm is that it cannot account for the many cases where states, or their courts, decline to give effect to international obligations because doing so would conflict with fundamental rights defined under national law. The very exceptional nature of the few cases that expressly base their conflict rules on the supremacy of international law58 makes clear that otherwise, states and courts in their day-to-day practice reject such supremacy claims. According to the internal ground the politics, rather than law shape the the conflict between relationship.(Krish).Disputation of decision made by international court is as old as international law. In case of an argument between domestic law and international law, constitutional law prevails.(A. Peters).The internal law based on human rights,accomadates the divergence of interpretations between different legal system.(L.Gross)

Law made by international court has a negative impact on the non-state actor’s interest, the process of argumentation or acceptation has become a tool for legalising the international obligations as well as to consider it supreme. International law find it difficult to combine its force of binding and the supremacy, but ability of it, to scope up with inconsistencies should not be underestimated.

Challenge to international human rights

The conflicts that occur over the term known as human right and the priorities  granted to them occurs across as well as within the region,showing an image of diversity.. Along with the need, there is a base, for resisting the desire to view arguments that occurs across North-South and West-East. Analysis of the major challenges to the human rights have been presented ,based on the work of Rhoda Howard, to believe that challenges have been originated from each and every part of the world which include West also. There have been debates on human rights within the non Western region, which includes Asia, world of Arab, Africa and also the United State. Western liberals have the notion that the greatest challenges to universality of human rights are the outlook of Asian, African and Arab regarding the human rights. It has been implied that once the community of international human rights include the outlier region countries, then the hurdle of universal human rights will get eliminated.. But this idea is wrong. It has not taken into consideration the fact that in the west, especially in the United States, there are large section of society who thinks that human rights are in tension with the interpretation of the international human rights that a have been always ruling, and another fact that within the world of Arab, Asia and Africa, there are some traditions which are compatible with it. The society of human rights, their view has been equated with the cultural nationalism by neglecting the efforts of many brave, highly committed people of the world who struggle to promote support for human rights and take a stand against abuses in the settings they call home. Rights have been granted to individual, because they are human, according to the universalists.. On the other hand, it has been argued by the cultural relativists that values have been grounded in some specific communities and some group which are communual,not in the individual..In real there is more complex city in the spectrum of an ideologist, complexity has act as a tool to clear the idea of real challenges to international human rights that lie Radical capitalism, the Western liberal views dismisses the economic and social rights of human as an irrelevant. Even few Americans are aware of the efforts of people like Clarice Friloux of Louisiana, Richard Murphy of North Carolina, Ramona Ortega of New York City, Cheri Honkala of Philadelphia, and Loretta Ross of Atlanta, Georgia, who lead the movements against the fight for the recognition of economic and social rights—relating to the right to health, the right to a safe environment, the right to shelter, and welfare rights—in the United States. Latin America is a  exception to this phenomenon, where the  struggle occur for human rights in the early 1970s been identified with the condemn of violations and the defense of victims of authoritarian military dictatorships. Outside the West, the activist-intellectuals who were worried  with the rights of in their societies to use their  energies to focus  in two areas: first, to view  within their cultures of practices and values  that get echoed  with the  regime of current human rights; and second, an effort to improve the regime of  current international rights with values and practices from their cultures that may also resonate with Western ideas, but are not now the part of the international rights regime In the last decade,many  changes have been taken place.The world first and second  largest organization of London and New York  are both Amnesty International and Human Rights Watch respectively, they have worked hard on devoping a strategy that can be effective for winning the rights of social,culture an d economics.. In additional to this, a new organization which was established in New York  known as  the Center for Economic and Social Rights has come into play in 1990s, which also houses the International Network for Economic, Social, and Cultural Rights, and also there was a promotions of the rights of second generation through it..Americans thinks that human rights is not a domestic issue, it is a matter of foreign policy..In this brief overview of regional outlook of rights of human in four regions have tried to show that arguments over human rights are taking place all over the world, not along the  lines of civilization  and not primarily between North and South as it was assumed earlier.

Feminist and Religious Challenge to Human rights

 This form of criticism of the universality of human .The right reason, equality and freedom that have been used to shape the important qualities of what is meant to be human within the tradition were the properties, which has not been assumed by the women. Women were considered to be irrational, and non autonomous, sometimes it was considered that women may have the same moral as of men, but they did enjoyed the equal status and the place in the society. Many of the issues have been bought into the limelight through this feminist movement and helped in hanging the social views and institution. When UN was created, the female gained sufficient right ,like the right of women to be a part of the UN,a move that act a vehicle in increasing the right of women’s at the international level.Women do not enjoy all the rights which are given to them. The Decade for Women (1975–1985) and the Conventionon the Elimination of all forms of Discrimination Against Women (CEDAW).

Rights, an adoption in 1979 has often been taken up by feminist thinkers as a milestone.The basis of their arguments was that the right of man were exactly the right given to men.  An issue based on theory played an important role in the debate which was about the right of women. (Okin, 1999; Nussbaum, 2000; Gould; 2004) .Each and every day,many women face issues like physical and mental violence, right of reproduction, child rearing, and many other issues have been  faced by women. Many of these problems are not adequately addressed by the received understanding of rights, is the major concern. The theoretical structures which are used to justify and explain rights ,appears to be not connected from the experiences and concern of come out of the received rights politics fail to adequately address the way women suffering from abuses, primarily because their absence in addressing  the abuses which have been experienced by men. . Examples have been drawn from the international women movement to claim the right of women as human right and to treat them equally and give them equal opportunity in development..These kinds of movements got started in 1970s, but they gained popularity in 1990s. Emergence of women’s constituencies as global citizens  took place as they have argued for the right to development, freedom from internal and physical  violence, sexual and reproductive rights, and  at international forum .In 1990s,the international conferences helped this activism to the great the Population and Development Conference, the Beijing conference, the Social Summits and the Human Rights conferences – which all provided the space for the articulation of rights and the historical moment to organise around these rights. There is a necessity of an organizing from the bottom up, to create awareness at the national level, amongst the women and in the community, that women have rights for their rights

 With increase in challenges to the orthodoxy of the Christian religion, there has been a simultaneous evolution of modern rights in West, but the values that were to be articulated as rights were nonetheless deeply shaped by those same patterns of religious belief. There are many different form of religion throughout the world. Around many different values system, these have been structures, which both in substance and form have been compatible or incompatible with the modern rights of human. Human rights is like a religion in world of today.

.For example, religious leaders of other tradition has challenged the freedom and equality that is so enjoyed by Western .Through the particular tradition of human beings, human rights can be made universal. To hold the human rights, as in case of Hindus and Muslims, they have to justify the values expressed by the movements of human rights,

Complete rejection of human rights has been done by some religious they consider these rights as stranger and incompatible with their way of being. To hug the Roman Catholic Church, others have moved from rejection, this is the example. Human rights are compatible with their tradition according to various religious communities. During the early phase of the movement, South Africa towards the change of democratic, it faced several challenges to protect the human rights of its country. In multi religious South Africa some challenges have been posed by the international, regional and constitutional obligation on the state to protect, fulfil and respect the right to freedom of religion

. and the rights of religious communities. In 1996, the sections

15, 30 and 31 of the Constitution of the Republic of South Africa, aimed at the protection of the interior rights. Relating to the religion, the fulfilment of human rights can be linked to other key of rights of human such as the right to safeguard the respect of one’s dignity. The legislature, judiciary and executive with  the aim to protect and fulfil the corpus of human rights for the protection of freedom of religion and the rights of religious communities, are confronted with the realities related to  legal and religious pluralism and a sensitive historical-political dispensation in South Africa.

Human Rights And The Politics

We can relate human rights with the politics.The issue here is the means by contestation of rights is done by the people. Depending on the context, the issue, and the position of the claimants in the society, these vary widely. Existence of both formal and informal channels is there in most of the society for the contestation of power. Several channels like regional,international,policy ,national and administrative channel ,and also channels which includes social networks through which contestation takes place.In civil society, White stated that the character and the behaviour of the groups which are organized in the society has a great influencing power on the nature and the impact of political institutions. If the influential and narrow thinking section of the society dominate the institution of civil society, their concern and worries will be seen in the process of politics. As a result of which, the distributive and re-distributive capacities of the state will be seriously harmed. This is the reason based on which, building and strengthening institutions of civil society – women’s movements, NGOs, movements based on environments, organisations of labour– to co-operate with, challenge and sometimes even resist the global, national and local institutions of governance is serious. Depending on whether or not a particular intuitional level is bound to answer for that particular claim, the claim making will gain success. For an example in south Africa a project was set up by NGO Gender Advocacy Programme that mention the place of the poor women and acquainted them with women parliamentaries and the place of the poor women and acquainted them with women parliamentarians and enable them to hold the elected officials to account. A legislative body known as parliament sometimes was not able to help people, as some of the issues in which actions were demanded by the poor women were not under the control of the parliament. Local councils and administrative bodies were appealed in such cases, as these women were in daily contact with these organizations.

From the tradition of national law which offers the  universal standards constraining all sovereigns(Koskenniemi 2009; Finnis 2011), to modern “political” accounts of international human rights drawing limits around the state’s right to self-determination (Baynes 2009),  our understanding of human rights is dominated by a legislative conception of rights. Shadow cast by an ideology of imposition of human rights, which justify the dominance of Western politics and have margined the states which are weaker and the society of non Western Critics, has been drawn by the critics. (Mutua 2002)    .Only by saying again and again, constructed outcomes of negotiations that demand change in all discriminatory and repressive cultures are the treaties of human rights, can we stop the selective adoption of human rights and challenge all states that give hypocrisy to human rights ,along with it also  violate the rights of their citizens, support repressive regimes, or uphold corporate interests over human rights and dignity.(Arat 2006, 437) UDHR  does not represent the perfect agreement,but it can act as important  point or we can say a starting point  for the agreed regime of human rights,for an example UN Vienna Declaration on human rights in 1993 reached an  agreement. (UN GeneralAssembly 1993).Delegations from 170 countries,representatives form  t he major religion,culture,social and political system, in a world where colonies did not exist, the biggest gathering internationally was the Vienna Conference on the theme of human rights Vienna Declaration and Programme of Action, its final act has been  adopted  and agreed  without a vote or reservations,althoughthere were some statements which were interpretive – unambiguously affirms, in Article 1that: “The universal nature of these rights and freedoms is beyond question.” (Alves2000, 482).An agreement was made by the Vienna Declaration, which did justification of the order of the world based on the rights of human.  When the universalism of the UDHRwas confirmed and compensation of the, imperfections of the original drafting process was done, that was the second moment.The contrasting narrative is one of ideological imposition and political dominance. In this narrative, after the second world war  the political superiority  has been used by the US, and Western states generally, War (WWII),an imposition of a new international order  was done on  the rest of the world (Mazower2009). The communist states at the time resisted and made possible, at least in part, by the marginal status of many of the world’s peoples still living under colonial rule.  The political content of human rights have to be attained more closely to understand them, , which the legislative conception of human rights seems unclear with its  political claims (Moyn 2010, 212–227).The main objective of the human rights is  to certify the significance of our common humanity ,when taken into consideration the ideologies of the nationalist and racists, and it is a very rude challenge to the supremacy of state sovereignty as the organizing principle of world politics. Further, an agonistic understanding of rights undermines the traditional narratives in which theUDHR’s consensus provided the basis for future progress, as if the guaranteed promise of the future was necessarily contained in the past. Seeing the human rights project as open to both regressive and radical change, and progressing along plural lines of development, undermines and complicates criticisms that it is a limited political project imposed by powerful states. There was an acceptance of idea of human rights amongst the government as well as amongst the Allied power. (Lauren 2003, 136–146 and 154–165). Along with these traditional understandings of human rights, as both marginal to power politics and giving rise to a new legalized order, the discourse that emerged around universal emancipation enabled a plurality of political movements that were potentially more disruptive.  Movements based on the human rights discourse aimed at deep-seated and wide-spread imperialism and racism, which were insufficiently addressed even by the more utopian aspirations of the UN system. Human rights tell us the importance of political identity and the challenges have been confronted ,the challenges of creating a legal orders, and challenges in which potential of human rights have not been given up to the dominating power..It has been warned by Upendra Bakshi that no action of diverse human rights futures may remain ignorant of their many histories,’ which suggests that it is always argumentative project to understand the rights of humans and  undermines of  the myth ‘ that tradition of human rights are gift to the rest by the west. (2007, xxix)Advocates of Human rights should be conscious of their own capabilities during myth making, generally if existing power has been challenged by the politics of the human rights. It is a dream that individual human beings will be protected at the centre of the the legalised authority and the promise of remaking of international politics, that  will fulfil this dream and the Janus-faced embrace of human rights  states, which are dominating  risks the dangers of institutionalization, highlighted by Neil Stammers(2009), in which there has been a reduction in the transformative demands of rights  and accepted by an existing power.

Conclusion

The requirement of each and every individual depend on the possibilities he or she must develop. The biggest problem in respecting human rights is that one should have capability to feel for others, for understanding the situation of human, one should be sensible to understand the rights of human. This is so, even though the road to the foundations of human rights goes from understanding to sensibili-zation, not the other way round. If or capacity to understand things will be greater, then the sensibility will be more, hence to understand the problems related to the world ,while taking into consideration the values,ends,ethnical attitudes,ideas,and the second thing is the solutions of the biggest problem of the world are solved based on the behaviour of ethnical tasks.But according to the recent history in contrast,in a short run these actions are quite effective,but in the long run they can damage to a great extent. We have concluded that contestation of human rights have been done both politically and theoretically.

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