The Role of International Law In The Development of The Concept of Human Rights - Free Essay Example

Sample details Pages: 8 Words: 2525 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Level High school Did you like this example? Explain and evaluate the role of International Law in the development of the concept of human rights. A. Introduction The need of co-operation and mutual development has lead the countries of the international community to create a legislative net which would have as basic task the regulation of the relationships between them. At a next level, the bodies that were created to handle these provisions and to supervise their application faced the problem of the absence of a suitable legal environment that could guarantee and protect their operation. The only solution seemed to be the extension of the law provisions that regulated the relationships between the States to these international bodies. In this way, the international law was constructed and came into force for every issue that presented elements of international character. We should notice that the international law is no longer restricted to the above described area, but it has been extended so that it can offer protection against criminal actions that are taken place against the humanity even if these actions are made by individuals. The judicial body that has the responsibility of this task is the International Criminal Court. Although the protection of the human rights has always been a priority – as declared – both to the nationals and the international law, there are certain circumstances under which the application of the law is becoming difficult and sometimes it is finally avoided. This is often explicated as a result of a ‘precautionary politic’ that is necessary in order to protect the human rights of the majority of residents of a state. One of the recent measures that have been applied towards this purpose is the detention of a person for reasons of safety of the public and with no relevant decision or order of a court. According to R.K.M. Smith (2005, p.240), the deprivation of a person’s liberty can only be acceptable when there are serious reasons that impose the detention as the only suitable measure. In any case, the whole procedure has to be done in accordance with the relevant legal provisions. There are also a series of human rights that are constantly threatened by the actions of states or individuals. Furthermore, there are a lot of cases that this threat has been developed into a violation due to the absence of specific authorities for such a task. The international bodies (authorized by the international law to manage its provisions and to guarantee the protection of the human rights for the international community) can only handle a small number of relevant reports based on the reports of the states on specific facts of violations (or threats) of human rights. The role of these bodies, although can be characterized as very important, is very limited and is being formulated under the pressures of the current economic and political powers. However, according to M. O’ Flaherty (2002, p.1-2) the reporting procedure to a non-governmental organization can help the State to clarify the problem (when constructi ng an analytical report for the case) and perhaps come to a solution without the interference of the NGO. In case that the State itself cannot resolve the problem, then it can report it to an international body and in this way it will have the support and the advice of a team of international experts. Although it seems that the difficulties following the application of the international law tend to grow in strength and number, the efforts of the international community have helped the creation of a legal basis for the protection of the human rights and, in some cases, have succeeded a satisfactory restoration of the damage caused by the rights’ violations. B. Legislation related with the protection of the human rights – national and international law In UK the basic legislation concerning the Human Rights protection is the Human Rights Act of 1998 whilst a lot of other Acts have been signed in order to cover specific problems related to the recognition and the protection of the above rights. According to article 2 of the Human Rights Act of 1998 ‘Everyone’s right to life shall be protected by the law’ (article 2, par.1). This article presents the general borders of the legislation aims and creates an obligation for the authorities and the individuals to respect a person’s life and existence. The articles that follow this fundamental provision are being addressed towards particular rights and freedoms of a person, like the right to liberty and security (article 5), the right to a fair trial (article 6), the right to respect for private and family life (article 8), the freedom of thought, conscience and religion (article 9), the freedom of expression (article 10), the freedom of assembly and association (article 11), the right to an effective remedy (article 13) and so on (see 1580 [2004], R (on the application of Trailer and Marina (Levin) Ltd v Secretary of State for the Environment, Food and Rural Affairs and another, Court of Appeal, Civil Division, 19 [2005], R (on the application of Hoxha) v Secretary of State for the Home Department; R (on the application of B) v Secretary of State for the Home Department and 1658 [2004], R (on the application of Clays Lane Housing Co-Operative Limited) v The Housing Corporation, Court of Appeal, Civil Division, 1748 [2004], Malcolm v Benedict Mackenzie (A firm) and Another, Court of Appeal, Civil Division and 2866 [2004], W v Westminster City Council and Others, Queen’s Bench Division. There are also articles that do not offer a right but they impose a behaviour that have to be in accordance with the terms included in them. In this way, it is stated that the torture, the slavery and the forced labour are absolutely prohibited (articles 3, 4) whilst no punishment should take place without lawful authority (prerequisite for a punishment that the action made was recognized as a criminal one at the time that the crime was made, article 7). It is also stated that any discrimination and any restriction on political activity of aliens should be avoided (articles 14, 16). The above general Act has been interpreted and completed through other Acts that have been signed in order to provide sufficient protection of the rights in cases that are characterized by complexity and ambiguity. As an example we could mention the Prevention of Terrorism Act 2005, which introduces alterations to the right of the liberty of a person as it is described by article 5 of the Convention for the Human Rights, by permitting the detention of a person in cases when the existing evidence is enough to create the suspicion of a behaviour that could be a threat for the lives of other people (for the public). The very important element, which is introduced with the above Act, is that the existence of a relevant Court decision is not necessary. Other amendments to the Human Rights Act of 1998 are contained in the following Acts: the Constitutional Reform Act 2005, the Appropriation Act 2005 and the Asylum and Immigration Act 2004 (see 19 [2005], R (on the application of Hoxha) v Secretary of State for the Home Department; R (on the application of B) v Secretary of State for the Home Department). In the level of European Union, the basic legislation concerning the human rights is the European Convention for the Protection of Fundamental Rights and Freedoms of 1948. The above convention has been amended by a series of protocols (no. 4, 6, 7, 11 and 12) and it presents the basic rules on which the national legislations of the member states should be adapted. The article 2 of the above Convention recognizes the right to life for every person and the following articles are covering the rest of the human rights’ areas of application, such as: the liberty (article 5), the private and family life (article 8), the thought, the conscience and the religion (article 9), the expression (article 10) and so on. Like the Human Rights Act of 1998 (UK) the European Convention, also imposes certain obligations regarding the application of the human rights, like the prohibition of torture (article 3), the prohibition of slavery and forced labour (article 4), the prohibition of discrimination (article 14), the prohibition of restrictions on political activity of aliens (article 16) and so on. The protocol No. 4 to the above Convention referred to specific areas of human rights, like the freedom of movement (article 2) and the right to keep the personal liberty in cases that there is a debt (prohibition of imprisonment for debt, article 1). The basic provision of the protocol No. 6 to the Convention is the abolition of the death penalty (article 1 of the protocol) whilst the protocol No. 7 to the Convention contained provisions that were related with the rights of a person facing a criminal punishment (articles 2-4) and with the private law character – rights of the spouses (article 5). A series of relevant decis ions have been published accordingly like: C-17/98, Emesa Sugar (Free Zone) NV v. Aruba, C-112/98, Mannesmannrohren-Werke AG v. Commission of the European Communities, C-274/99, Bernard Connolly v. Commission of the European Communities and T-9/99, HFB Holding fur Fernwarmetechnik Beteiligungsgesellschaft mbH Co KG and Others v. Commission of the European Communities. In addition to the above provisions, the international community has actively participated in the protection of human rights by the creation of a legal environment that can guarantee the avoidance of extremely violations of the rights and an independent (to the measure that this is achievable) valuation of the problem in cases that are brought before the relevant Bodies through the states’ reports. C. Problems related with the recognition and the protection of Human Rights by the international law Human Rights are by their nature a sensitive and transparent element of a person’s life. Although t here are a lot of legislative work made for their protection, the scope and the objectives of the relevant provisions have not been fulfilled. The victims of the violations of the human rights are by fact the persons that present a weakness, physical, mental, of gender, of colour, of nationality or of other kind. The first to be violated are usually the children who although suffering are by nature unable to stand for their right. The person who is responsible for their protection has not, in many cases, the strength or the means to achieve such a task and the violation can continue for a long time. Smith A. (2004) examines the types of the offences that occur against the children and refers to specific problem that of the recruitment of children as soldiers. In her paper, she examines the legal aspects of the specific crime and presents the reasoning used by the Court to establish its decision in a specific case (Hinga Norman, 14/2004, Special Court for Siera Leone). After careful consideration, the Court decided that the recruitment of children to work of such a kind could attract individual criminal responsibility for the persons that were involved to this activity. On the other hand there are many reasons that could explain the difficulties that occur to the application of the international law provisions that are referring to the children.   Bhabha J. (2002) sees as a possible reason the general disadvantage of the children as a vulnerable and she argues that separated children can be accepted as an asylum seeker to a developed country but there are little guarantees for their safety at a next level. In a previous paper, Bhabha (Bhabha J., Young, W., 1999) had examined the conditions under which the children as unaccompanied asylum seekers are granted asylum according to the relevant U.S. guidelines. One of the most important development included in the new provisions, was the possibility of appointment of an individual as a guardian of a child until th e relevant process is being finished. Furthermore, the violation of women’s rights (especially of their human rights) is constant and extended in multiple levels. Ankenbrand (2002) examined the position women seeking asylum under the German Law. He present the claims of women that are found in this position and he come to the conclusion that although the revision of the existing law has been admitted as necessary from the relevant legal bodies, there is not a positive activity to that direction. The violation of the right of religion seems to have been extended and the main problem is that of the specific description of the conditions that constitute a ‘religious practice’. Musalo (2004) argues that the prosecution for reasons of religious beliefs cannot be clearly defined today which comes in contrast to the simplicity of the relevant terms that the 1951 Convention had adopted. A very important matter related to the protection of the human rights is tha t of the extension of the relevant provisions of the international law. McGoldrick (2004) accepts that the International Covenant on Civil and Political Rights (ICCPR) should be characterized as the basic institutional body regarding the supervision on the application of the terms of the international treaties that have been signed for the human rights. As of the specific category of refugees, the protection of their rights in the interior of the States is guaranteed by the operation of special institutional bodies that are authorized to examine each case that is being reported to them and proceed to a solution in the legal frame that has been indicated from the law for the specific problems. As an example, Daley (K. Daley, N. Kelley, 2000) refers to the existing relevant bodies in Canada, which are the Immigration and Refugee Board (IRB), the Convention Refugee Determination Division (CRDD) and, of course, the higher courts of the state that have the jurisdiction to review the deci sions of the CRDD. The main problem related with the application of the international law in the area of human rights seems to be the extension of the phenomenon of violation of these rights. Due to the difficult and complex economic and political environment of many states around the world, the supervision of the application of the Human Rights’ provisions is usually impossible. The most common route for a problem to be put under examination and to be given a resolution is usually the report that a state submits regarding a specific fact of violation of rights. But the volume of work and the depth of the problem (which needs to be analyzed and examined in detail) prevent the permanent resolution of it and the solution that is been proposed to the state has usually a provisional character. D. Conclusion The recognition and the protection of the human rights have been the subject and the aim of a lot of legislative provisions both to the national and to the internatio nal area. The relevant laws have achieved to cover – at least from a scientific point of view – almost all the aspects of the problem. However, the weakness of the law – and mostly of the international one – seems to be the absence of stability regarding the procedures followed, the penalties that are imposed and the speed in providing a resolution at every case that is brought to the international institutional bodies. On the other hand, the existence of a series of authorities that are responsible for the application of the international law and their power to impose punishment when a violation occurs, create the image of a well-organized and powerful society, which can provide to its citizen the security and the protection they need to survey. Don’t waste time! Our writers will create an original "The Role of International Law In The Development of The Concept of Human Rights" essay for you Create order

Man Is an Architect of His Own Fate - 1808 Words

There is a class of men who think that everything is pre-determined in life and, however much you may try, you cannot get out of that groove. So even your best efforts cannot yield more gains than those God has already settled for you, for fate rules supreme. Even great Shakespeare had said – there is a divinity that shapes our will. Man cannot change this fortune. What is lotted cannot be blotted or avoided. But there is another school of opinion, that is more reasonable in this age of science, that a man has powers and parts to build his own career. The efforts of a resolute and steadfast worker are sure to be crowned will success in the long run. If the students who get plucked once discontinues his effort with the belief that it is his†¦show more content†¦The unfortunate voters who have not much discriminating power as victimized by the chain of modern civilizing process become subjected to the plundering process of the political heads in the matter of their hearth and home. These unfortunate people being too much harrassed by governmental taxes and famine, are forced to accept cotton and potato or other leaves as foodstuff. They become forced to accept meat and flesh instead of grains and vegetables and they are obliged to assimilate hydrogenated injurious oil in place milk and ghee. By such eating process they are attacked with cholera, typhoid, dysentry and tuberculosis to meet an end of miserable life. They are subjected to the pangs of winter and summer, rains and sun besides hunger, thirst, disappointment, frustration. Thus they have to make a sad end of life by over anxiety due to all round scarcity. That is the sum and substance of the advancement of material civilization. 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Sustainability Strategy and Development

Question: Discuss about the Sustainability Strategy and Development. Answer: Introduction There was a time when sustainable development was considered as a support function or a secondary function in the organization. However, with time, organizations realized the importance of this function. Today, CSR or Corporate Social Responsibility is considered as an important business function and it is considered that the focus on CSR would enable organizations to have better profits and revenue. The objective of this paper is to discuss and analyze the benefits of sustainability initiatives for Saudi Arabian Airlines. The company is commonly known as Saudia. It is the flag carrier airline of Saudi Arabia, based in Jeddah It is correct that the focus towards sustainability, green measures and CSR are often started as regulatory measures. However, there are organizations like Saudia that are able to take sustainable measures and tactics as part of their core business function. The basic philosophy of sustainable development for Saudia can be shown as: For Saudia, the journey towards the sustainability started with a vision and government regulation. The good thing with Saudia is that it was quick to react to government regulations. The company created a culture where sustainability matters to its stakeholders. The key for sustainable development at Saudia is an integrated approach towards all the business functions. The management ensures that all the functions of the organizations are able to share the information. Cummings Worley (2009) argued that an organization grows the need of sustainability increases. When the company started its operations in 1945, the focus was on profitability and revenue. However, with time the management understood the importance of sustainable business practices. Today, the company ensures that sustainable business practices are an integral part of its business level strategies. The focus on sustainable business practices ensures that organizations can overcome all these threats. The Management of S audia realizes that it must take all the stakeholders together to achieve the vision of sustainability. The management ensures that the strategies and policies of sustainability should also be communicated to external stakeholders like customers. Over time, as a business stabilizes, organizational leaders often focus on effectiveness and efficiency and take a conservative approach to decision-making in the area of sustainability. The management believes that stakeholders support is must to make a difference in the business. It is believed that the focus on sustainable business practices is more in the maturity stage as compared to other stages of organizational development. It is important Saudia should continue to change and revamp its policies towards sustainable development. The policies and strategies around sustainable development should be flexible enough to change with industry forces. According to Miller and Friesens stages Saudia has passed its maturity stage and its movement to return to the company's "entrepreneurial roots" represents its attempts to emerge from the fourth stage, which is the revival stage. According to Phan, Baird, and Blair (2013) in the revival stage business units face a more dynamic environment than maturity stage units, and pursue innovation and product diversification in an attempt to reinvigorate the unit (p. 791). Activity based practices are reliant upon for decision making because there is a high level of reliance on the success of new product lines to ensure the s ustainability of the business units (Phan, Baird, Blair, 2013). With the marketplace competition Saudia is vulnerable to entering the fifth stage, which is the decline stage where business units are highly centralized, have no real strategy, and consider minimal amounts of information when making decisions (p. 791). The approach taken by the organization towards sustainability can be highlighted as: Ceschin (2014) suggests sustainability requires radical innovations (P. 1) necessitating the need to focus on the product, production and services. Moreover, Ceschin (2014) suggest that sustainability should be practiced as an inside-out policy. It means that internal stakeholders should initiate the workings around the sustainable development policies and the same should be communicated to external stakeholders. It seems that Saudia may have to revisit the vision and become more innovative and become agents of change. In order for this to take place they are going to learn how the design of socio-technical experiments can enable radical changes for sustainability (Ceschin, 2014) To my understanding the companys profits have stabilized, which is keeping Dell in business. The large organizations like Saudia can have real benefits of sustainable only when their supply chain is sustainable. Supply chain management systems have realized the benefits of a closed systems approach and the approach of closes system approach is the path towards sustainable development. According to Sahamie, Stindt, and Nuss (2013), the closed-loop supply chain management is a major contributor to implementing sustainable operations (p. 245). According to Carnrite (n.d.) the closed loop management system comprises five stages, which contribute to the success of a closed system. The first stage is discovery which focuses on the identification of the organizations internal tools and procedures and strategic concepts such as identifying core capabilities, defining the mission, vision and values, and conducting a competitor analysis (Carnrite, n.d.). The second stage is modeling which uses the information from the discovery phase and defines strategic objectives and initiatives (C arnrite, n.d.). The third stage is deployment, which links the strategy to operations (Carnrite, n.d.). The fourth stage is monitoring which is an ongoing evaluation of the organizational data for which the strategic objectives and initiatives were defined (Carnrite, n.d.). The fifth stage is optimization in which teams optimize a key component of the loop (Carnrite, n.d.). Based on the five stages the challenge to the supply chain management system is the reliance on people, process, and strategy, without ongoing consideration of the external environment. Saudia have been using the open system theory as a path towards the sustainable development. The open system theory for sustainability and sustainable development advocates that the sustainable policy of organizations should be open and transparent (Cummings Worley, 2009). It is believed that organizations that strive for efficiency or control may succeed with a mechanical approach. An open systems approach would not be a fit for an organization whose primary goals are efficiency or control. The success of the system and optimum operational system is contextual issues. The question brings to mind the clich "it depends." It is expected that Saudi Airline would continue to evolve as one of the preferred airline in kingdom of Saudi Arabia. The management of the company believes that it would be a source of inspiration for other companies in kingdom of Saudi Arabia. Conclusion The above paper discussed the sustainable development and sustainable strategy for Saudi Airlines. Some organizations become complacent and fail to change with the changing times. They remain closed and mechanistic, when an open, more organic structure would benefit them. Many organizations may not have taken a closer look at the alternative to a sustainable development approach to organizational development and growth. They function and have survived relying only on the organizational development approach that is and has been working for them over periods of time. The issue with this is that those same organizations may have missed a window of opportunity to becoming even greater, relative to organizational development, by taking into consideration the specific (suppliers, distributors, government organizations, competition, etc.) and general (laws, politics, cultural values, technology, etc.) environments at all times. Organizational development and the approaches used must be asse ssed and monitored to find out if room for continuous improvement exists. The above paper discusses the impact of sustainability initiatives and sustainable development on Saudia. The management of the company realizes that sustainability cannot be practiced as a silo business functions. Its true benefits could be realized only when organizations works with government. This is the reason that the organizations has been working with the government of various nations to craft a global sustainable vision. For the true benefits of sustainable development, a collaborative effort is need from all business functions. Coordinating efforts of finance and operations will result in effective management and decision-making. It will allow Saudi airlines to sustain financial stability and growth. It will allow Saudia to manage the amount of flights to maintain customer service and be aligned with the organizations goals and mission. It is essential and fundamentally sound for collaboration among business functions to the success of the sustainability plan. References Auzair, S. (2010). Organisational life cycle stages and management control systems in service organisations. International Journal Of Business and Management, 5(11), 56-65. Carnrite, J. (n.d.). Closed loop management system: Definition theory [Online post]. Retrieved from https://study.com/academy/lesson/closed-loop-management-system-definition-theory-quiz.html Ceschin, F. (2014). How the design of socio-technical experiments can enable radical changes for sustainability International Journal of Design 8(3) 1-21. Cummings, T. G. Worley, C. G. (2009). Organizational Development Change. Mason, OH: South-Western. Phan, N.T., Biard, K., Blair, B. (2014). The use and success of activity-based management practices at different organizational life cycle stages. International Journal Of Production Research, 52(3), 787-803. Sahamie, R., Stindt, D., Nuss, C. (2013). Transdisciplinary research in sustainable operations - an application to closed-loop supply chains. Business Strategy and the Environment 22(4), 245-268

Feminine Gospels Essay Essay Example

Feminine Gospels Essay Paper How far do you hold with the position that ‘Feminine Gospels is nil but â€Å"Feminist Propaganda? ? ? † ’ In reply refer to 2 verse forms in item. Talk about Title. The Virgins Memo. The adult female who shopped Feminism has been around since the 1910 with purpose and intent. Since so the motion gained impulse and created a 2nd and 3rd motion which have gained acknowledgment in history and still today there are existent womens rightists who kept true to the original feminist motion. However since so have attracted the attending of wannabe’s and females who have been misinformed of what feminism is. are eager to fall in some kind of cause to let females to be treated as â€Å"equals† to their male opposite numbers. Carol Ann Duffy has created a broad scope of books turn toing the literature universe of feminism non merely that is she hailed one of the greatest Feminist writers however I agree slightly with the statement that her book Feminine Gospels which she published in 2002 has a batch of feminist propaganda. We will write a custom essay sample on Feminine Gospels Essay specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Feminine Gospels Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Feminine Gospels Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Virgin’s memo is a typical illustration of feminine propaganda as it’s a verse form of the Virgin Mary go forthing a post-state message for her boy Jesus. who harmonizing to the Bible was the boy of God. We can see this as in the 2nd line she says â€Å"son† turn toing Jesus. Duffy uses repeat to underscore merely how bad work forces are at consciousness. this is done invariably by utilizing the word â€Å"maybe† and â€Å"or† as if Mary pulled these idea’s without much idea or encephalon power. therefore by utilizing insistent words like â€Å"maybe† and â€Å"or† Duffy obviously voices her sentiment that females are better at work forces if they are given the ability or in this instance the power to alter things in the universe or do a difference and at the same clip shows work forces in a discrediting visible radiation. Furthermore Duffy besides does this by making a list of the many different jobs Jesus could’ve gotten rid of when he was alive like â€Å"abscesses. acne. asthma† and â€Å"menopause. mice. mucous secretion. son† in other words disputing what Jesus did in his life and minimizing work forces in general. Duffy adopts petroleum and humourous subject to the verse form to show the incapableness of consciousness males have for case Duffy uses crude sarcasm to maximize the effectivity of her point with â€Å"the unicorn’s love† because this beautiful animate being is fabulous animate being and was created by worlds after Jesus left the universe compared to the â€Å"rats† â€Å"giraffes† which are really existent one time once more knocking males. The verse form Beautiful displays males a negative visible radiation throughout as media of work forces dismissed. the nearing power of adult females Either of those could be used as feminist propaganda. Whatever makes adult females look better and work forces look worse. The Virgins Memo A batch of females are warranting what they do as being a womens rightist. But they are NOT womens rightists. They’re merely dorks. Feminism now is covered in obscure generalizations and many efforts to acquire the message out are transforming into statements. and is interpreted otherwise to multiple people and many are contradictory that general understanding seems to be black. Feminine Gospels is a female feel good book that boosts feminine morale by doing males slightly inferior to females.