Human Rights and Relations in Education and Career

The Decline in State Support for Education and Its Effects on the Human Relations Function of Educational Institutions

To be able to show how the decline of state support for education affects human relations function of educational institutions, it will be prudent to first look at what human relations mean. Human relations deal with the problems faced by human beings due to interpersonal and organizational relations within an industry. It is meant to enhance efficiency in adjustments, among both persons and groups within an organization.

In most countries, the state is responsible for supporting education. This is despite the presence of privatized education in the form of private schools and colleges. However, the law from the state will often affect these private institutions. Regarding public education, the state is charged with the responsibility of providing support, mainly, in the form of funding. This is done in the form of providing fees and bursary for students at the primary, high school and college level. Teaching staff in educational institutions is also funded by the state.

However, there are cases where the state has been unable to provide this support due to several reasons. This could be due to misappropriation of the funds, lack of commitment in honouring pledges to provide teachers’ pay rise or simply, due to misplaced priorities within the budget (UNESCO, 2007, p. 209). The effects of failure to provide teachers with an adequate pay-rise would lower their motivation and may, therefore, result in underperformance. This, in turn, may result in disagreements with senior officials within the educational sector, who may be on the side of the state and are also out to demand better performance.

There are cases where teachers have had to go on strike because of this. In cases where there has been embezzlement of funds and leaders in the ministry of education do not want to take responsibility, donors for such programs may withdraw their support causing both the learners and the entire system to suffer. In some nations, the politicians, having failed to take responsibility, end up blaming other stakeholders within the institutions. Moreover, in nations, where there’s no political will by the state to support education by hiring more teachers, the quality of education has been eroded due to the higher student: teacher ratio.

Human Resource Information

Human Resource Information: Duke University

This is a for-profit university. The types of information available on the Website of Duke University’s human resources site include a link to jobs at the university where one can apply, diversity at the university, new staff orientation, temporary employment, training, compensation, benefits, information regarding the university managers and more details regarding Duke and Durham. The site has very conspicuous links to the information that one may require. The information is located on the left and above and is easy to navigate.

The information provided is very comprehensive. The job application site has various categories to suit both internal and external applicants. It has also had a link for frequently asked questions. On the temporary employment site, there is sufficient review information for potential applicants. The new job orientation also equips the new employees with the information and resources needed to work at Duke. The managers’ site outlines the roles of managers.

Very detailed information is also provided regarding the training. The site contains detailed forms of compensation, policies regarding different areas, different types of forms and, news and events. This information is important to prospective employees since it guides them with everything that it takes work for the institution. Current employees can benefit from sections such as news and events, different forms of benefits and ways of compensation (Duke, 2011).

Human Resource Information: Strayer University

This is a public university whose human resource site is limited only to the careers offered by the university. The site has only two links that lead to the academic and operational careers offered. Navigating to the site that these two links lead to is easy since they are just on the page. Although brief, the provided information is comprehensive and clearly outlines the requirements for the available jobs. This is useful to the employees as it makes them aware of the key needs to the job and the benefits. Current employees may also benefit from the information since they may want to reapply to one of the new jobs (Strayer Education Inc, 2011).

Human Resource Information for John F. Kennedy High School (K-12)

The website for this k-12 school does not contain information on human resources. Instead, it contains general information about the school such as administration, departments and staff directory, among others. Each of these other sites can easily be navigated. The information on the human resource can be accessed through the search window, but even so, the results are unclear and too general hence not comprehensive. Therefore, it is difficult for both current and prospective employees to benefit from the site apart from just getting information concerning the general aspects of the school.

Affirmative Action

Affirmative action aims at addressing the issue related to colour and racism. The approach employed by the policies under affirmative action may be appropriate to elicit their support. The same policies may be inappropriate to invoke criticism. Whatever the outlook, appropriateness or the lack of it may validate its use in colleges and k-12 schools. Besides, legal departments in organizations address human-related issues in an organization. Some identify these issues and take the appropriate response.

Affirmative action takes into being access to equal opportunities for all diversity in colleges. The argument for the need for affirmative action in colleges is pegged on access to all learning opportunities by all students. Learning opportunity covers the aspects of admissions of students to colleges without a racial edge or implication that some students are outright to admissions than others. Affirmative action in policy terms does not only stop at looking at admissions.

There is the realization that talented children, through affirmative action, can be helped to financial aid to help students from humble backgrounds attend and access to good education, especially at the college level. Borrowing from the early 1920s to 1960s, enrollment and admission to recognize colleges were based on the social background of the student involved (Plank & Plank, 2009). Such historical concerns made the validity of affirmative action positive in its adoption and implementation.

There was also a need to have students’ preparedness to facing the transition from high school to colleges by the implementation of the affirmative action. Through affirmative action, there was a discovery that dropout rates were high for students at all levels of learning; the trend was more visible with students from low and middle-income families.

On the other hand, affirmative action is criticized under the college and k-12 schools. There are four aspects of it (affirmative action) that are questioned due to policies that emanate from affirmative action. In the first place, it is criticized that meriting in k-12 schools and does not completely account the test scoring system, which was thought to solve. There is an allegation that is “colour” driven such merit does not reflect a true effort by students in colleges or k-12 schools.

Regarding fairness, it is established that the policy dubbed as race-neutral does not stand for fairness. Thirdly, it is said that discrimination based on race and ethnicity is still a theoretical solution and has never been achieved through affirmative action. Lastly, affirmative action is thought to be miles away in the achievement of its purpose, since the white folks claim that, the recent focus on diversity programs has done little to benefit whites.

Sexual Harassment

One of the cases involved a female plaintiff (Suders) who was working at a Pennsylvania State Police (PSP) as a communications operator. While here, she was subjected to numerous series of sexual harassment from her male supervisors. She reported on two occasions to her equal employment opportunity officer female officer, but the latter did not express serious willingness to assist her. The third time, she was arrested by her supervisors because she had stolen her own papers for computer skills. She had taken them because of allegations that she had failed when in actual sense they had not been forwarded for purposes of grading. After this, Suders made a resignation from her job and sued the PSP for harassing her sexually and for a constructive discharge.

However, the court first concluded that the Pennsylvania State Police was not directly liable for the supervisors’ harassment to Suders. For the employer (PSP) to have been liable for the action (harassment) of supervisors, the harassment should have resulted in a tangible action such as demotion, discharge or unwelcome reassignment. However, the absence of such tangible action might cause the employer to raise a defence to liability.

To ensure that the defence prevails, the employer must be able to verify that plausible care was provided to avert and correct timely any behaviour that is sexually harassing. The employer may also verify that the employee was not ready to take advantage of the preventive and corrective mechanisms to provide by the employer to escape any related harm (Supreme Court of the United States, 2003, p. 1-2).

“Under the constructive discharge doctrine, an employee’s reasonable decision to resign because of unendurable working conditions is assimilated to a formal discharge for remedial purposes” (Supreme Court of the United States, n.d, p. 2). The agency law makes the employer be responsible for what the agent does if the latter commits a crime based on the. When for instance, a supervisor is involved in the act of harassment to one of the subordinates and then proceeds to take a tangible action concerning employment to the sub-ordinate, it is beyond any doubt that the supervisor assisted by the agency relation.

However, when the supervisor’s harassment does not result in a tangible employment action, the main cause in such a situation cannot be the agency relation.

“Accordingly, the Court held that when no tangible employment action is taken, an employer may defeat vicarious liability for supervisor harassment by establishing the two-part affirmative defence” (Supreme Court of the United States, n.d, p. 3).

To establish that the working environment was hostile, plaintiffs, such as Sunders, in this case, must show that the behaviour was adequately pervasive to result to a change in the conditions of their working environment. The rule that governs equality at the workplace is violated by the severity and pervasiveness of the discriminatory conduct that results in an abusive working environment for workers. Beyond this, a constructive discharge must be established. This has to be done by the plaintiff who has to prove that the working environment was abusive and unbearable such that the only reasonable response in such a situation was her resignation.

This claim may be defended by the employer who may rise to show that they had already put mechanisms in place and that there was a policy to take care of reporting, complaining and dealing with issues of sexual harassment. The employer may then proceed to argue that the plaintiff did not present herself on the remedial or preventive mechanisms set up by the employer. On the other hand, the employer will not be able to access such an affirmative defence if the plaintiff decided to quit following the employer’s adverse action. Such actions could have included a reduction in payment, transfer to another working position where she could have faced intolerable working conditions, and a demotion (Supreme Court of the United States, n.d, p. 6).

The court proceeded with investigations into showing the kind of harassment to which the plaintiff was subjected. It was unbearable. Although PSP had its own internal procedures for reporting harassment, she did not make herself available to the same. Although the district court made its own ruling on the matter, the court of appeal challenged it on two fronts. First, although the PSP could assert the affirmative defence, there were genuine concerns regarding the ability of PSP to handle matters of sexual harassment. Second, the district court was failed to acknowledge the claim presented by the plaintiff with regard to constructive discharge due to a hostile working environment.

The court of appeal asserted that the constructive discharge from the plaintiff was supposed to establish that she had undergone harassment that was unbearable enough and the most plausible decision that another individual would have taken was to resign. Also, considering all the circumstances, the decision of the plaintiff to resign was the most reasonable (Supreme Court of the United States, n.d, p. 11).

Legal issues in the human relations field addressed by an organization

Commingling of company funds

The interview revealed a massive commingling of the company’s funds by the top executives.

The lending of money to unknown people

There was a discovery that the company’s finance departments were issuing checks in the form of nonexistent equipment that junior employees were presented to the finance department for funding.

Legal procedures pertaining to abused workers

The legal department was handling legal issues pertaining to company workers being misused and abused by their seniors after it was discovered that some top management employees of the company were misappropriating the company funds while taking cover in junior employees.

Teamwork conflicts

The organization has discovered that there are frequent cases and reports to the legal department pertaining to employees in the same line of work experiencing violent treatment from others.

Substance abuse

Alcohol was being abused during workplace hours by some employees in the company. Incidences of drug-influenced violence have been reported (Henderson, 1996).

Legal issues facing the company

The first legal issue that the organization is facing at the moment is a commingling of the company funds by the top management, employees of the company. During the interview, it was revealed by the legal department that the organization has a bonus scheme that permits top management employees to access to funds that cater for travelling while on duty, conducting business on behalf of the company. Recently, one manager obtained funding by pretending to be travelling abroad for a business trip. It was later discovered that the “business trip” was a holiday trip for the manager’s wife to some island.

Further probe into the situation revealed that there was a racket in the organization emanating from the financial department involved in lending money to unknown people by manipulating the philanthropic program run by the organization. The philanthropic program of the company operates in two ways. The first part requires that, by the approval of the board of directors of the company, every departmental manager was mandated to apportion 3% of its budget as non-refundable monetary submissions to identified charitable organizations.

However, the charitable organizations comprise of existent and nonexistent ones. It was shocking that the funds were being diverted for personal use in the name of giving to the charities. The second part involved lending with the purpose of repayment. Financial accounts were being manipulated to reflect lending to people as stipulated in the lending procedures. The audit revealed that employees were using fake names to obtain and repay funds. Some of the money obtained by the means was never recovered by the company. Besides, company funds were also being misappropriated by over-quoting of equipment prices for orders made in the name of the company.

There are teams associated with a particular line of production in the organization. The legal department has been receiving frequent complains that some workers were being treated violently by their fellow line workers. The incidences reported involved cases of racism and discrimination based on gender.

Furthermore, the legal department revealed that a sizable population of employees was involved in substance abuse. The substance that was being abused most was alcohol. The behaviour was most notable from casual employees of the company, who had gone to the extent of stealing equipment from the organization; sell them to obtain money for buying the drug.

Organizational response

The organization has stipulated guidelines for the solution of its legal issues. The department that is mandated to carry out proceeding s that may later lead to termination or any appropriate action as deemed applicable without prejudice to either party, that is, employee and the organization or employee and the employee. Cases involving violent treatment one employee with another are handled arbitrarily by the organization unless the aggrieved decides to press charges in a court of law.

To enforce the contract of employees, the organization has a code of ethics that are followed by every employee at all levels in the company. For the cases, the organization has classified them according to the gravity of the offence committed by an employee. The organization does not instil punishment to the wrongdoers haphazardly, but it follows the guidelines recognizing the administration of action following the code of ethics of the company.

Since the company’s image to the outside world is highly valued, care is being taken in addressing the misconduct by the employees. With regard to incidences that involve threatening of junior employees by the top management, the company is planning an employee empowerment program that will help create a good working atmosphere for employees and their supervisors, without causing insubordination feelings.

In conclusion, affirmative action enhances equality in the opportunity to access of academic facilities at college and k-12 schools. The extent to which it does help may be questionable, but it has creates drastic changes in the life and education of low and middle-income families.

With respect to human relations, organizations are mandated to handle cases involving human relations by targeting at empowering employees in order to mitigate the future occurrence of legal issues in the company.

Reference list

Duke, (2011). Human Resources. Web.

Henderson, G. (1996). Human relations issues in management. Westport: Greenwood publishing group.

Plank, N.D & Plank, N.D. (2009). Handbook of education policy research. New York: Routledge.

Strayer Education Inc., (2011). Careers. Web.

Supreme Court of the United States, (n.d). Pennsylvania State Police Vs Suders. Web.

UNESCO, (2009). Human rights in education, science, and culture: legal developments and challenges. Paris: Ashgate Publishing.

Gender Studies: Queer Politics and Human Rights

Emergence and Influence of Queer Politics

The term queer has been used over time to refer to a team of scholars with a deep interest in both social and cultural criticism. Ostensibly, queer politics came into existence in the early 1990s as a means to deal with inequity and injustice in the United States (Cohen 438).

This paper presents a discussion about queer politics and how the concept has been used to address different social challenges. Also, it looks at how queer politics fits into the framework of rights and justice.

Queer Politics and how it fits into the Rights and Justice Framework

Drawing from the study by Cohen (439), queer theory is generally opposed to the unfair treatment of individuals who exhibit sexual characteristics regarded as queer by many. To an extent, queer politics also looks at the disparities that arise as a result of sexual differences. As earlier stated, the idea of queer politics came about to confront injustice and to ensure that the rights of the minority groups in the society are respected.

The idea of queer politics fits into the rights versus justice framework mainly because it seeks to challenge the activities of those who are out to frustrate others based on their sexuality. It has, however, been faulted for failing to integrate gender-related issues successfully. By and large, the goal of those who advocate for queer politics is to eliminate any form of bigotry against others based on sex. According to some scholars, queer politics is regarded as a political idea of a young generation determined to fight the dominance of the older generation. As pointed out by Cohen (439), those who are pro-queer politics are eager to see the term queer used in other areas besides being looked at as an abbreviation for individuals who exhibit queer sexual behaviors such as lesbianism and bisexuality.

Queer politics recognizes the liberty of individuals to belong to any sexual category without being subjected to any form of victimization. Based on the queer theory, an individual’s sexual orientation may change from time to time. Other than pointing out the problems caused by sexual categorization, queer activists have a desire to challenge other vices in the society that are not necessarily associated with the sexual classification.

According to the rights and justice framework, every human rights movement has a responsibility to ensure that minority groups in the society are treated fairly. As has been argued by some scholars, it is necessary to look beyond inequity if society has to address the persistent problem of unfairness effectively.

Conclusion

Although it is presumed that a more radical approach is needed to deal with injustice in the society, activists of queer politics are convinced that the queer theory has an important part to play in creating a level playground for every person without paying attention to issues of gender and sexuality. As earlier explained, however, some scholars think that queer politics has failed to intersect sexuality and gender.

As has been pointed out in this paper, there is a very tight connection between the claims made by advocates of queer politics and the framework for rights and justice. Similar to the framework for rights and justice, the queer concept focuses on making sure that minority groups in the society are not overlooked. More importantly, it ensures that the rights of such individuals are not abused and that justice prevails at all times.

Work Cited

Cohen, Cathy. “Punks, Bulldaggers, and Welfare Queens: The Radical Potential of Queer Politics.” GLQ 3 (1997): 437 – 465. Print.

Human Rights and Intervention in Public Opinion Making

Introduction

Human rights refer to the ethics and norms used to protect the public from political, social, and legal abuse. They include the rights for the association, fair trial, involvement in political activities, and freedom of religion, among others. These rights are embedded in the moral laws at the local, national, and international levels. This essay explores the use of human rights as critical tools for interventions in making public opinions.

Human Rights and Public Opinion Making

Public opinion-making refers to the means by which people present their ideas regarding matters of real democracy and participation in national affairs. This practice is meant for alleviating corruption and bad politics by campaigning for the improvement of democracy and national growth through forums, among others. It is realized that the formation of sound public opinions is important for revealing ideas and myths that are performed by politicians in a way that undermines democracy. It is noted that public opinion is distorted to weaken the systems of administering social equality. In most cases, the wealthy and elite people in society perform such depraved acts (Hacker and Pierson 210).

Therefore, human rights have been used as a tool to intervene in the realigning of public opinion. They also seek to take into consideration the relationships that exist amongst the media, politics, and/or people’s ideas. According to Bloomer, human rights demonstrate the public ideas that are used in the media and politics to ensure that they reflect the true meaning of the intended actions (115). The respect for human rights also alleviates the absurdity that exists in the espousal of public knowledge. They assist people in sharing their ideas as they raise the voice of the public against various processes that undermine the nature of politics and will of the ordinary citizens (Bloomer 115).

Why are Human Rights considered the right tools?

In most cases, public opinions are based on the development and issuance of the people’s outcry against evil practices that lead to abuse. With the introduction of human rights, tremendous changes have been noted in the public domain. Various people have been inspired by various movements in the society that have ensured the development of positive perceptions of public opinions. On the other hand, the embracement of human rights has ensured the development of various movements that are concerned with vices such as abuse, inequality, and discrimination, among others worldwide (Bloomer 115).

Civil liberties are also used to highlight cases of inequality that result in increased incidences of violating public opinions in matters that pertain to basic needs, such as education, health, shelter, food, and/or water. A report released by Bloomer indicated that there had been a rise in the inequality of Civil Liberties(115). For instance, the report revealed that the USA has the richest people, even after undergoing economic recessions. This population makes about 1 percent of the US population. In 2009, they possessed approximately 95% of the national wealth (Bloomer 115). In other countries such as Holland, such wealth can be effectively utilized to solve issues of absolute poverty and various violations that are directly or indirectly linked to it.

Inequality is also noted in Africa, where rich people have been increasing gradually. Currently, the continent has 55 people who are billionaires (Hacker and Pierson 210). Inequality increased the dangers that arise from the violation of human rights, economic inefficiency, and reduced public participation in national politics and leadership, among others (Bloomer 115). The consideration of human rights has been on the rise as civilians and leaders use them as a tool to curbing disadvantages that arise from inequality. The human rights movement is used to advocate for various constitutional liberties to health, education, and political participation, among others (Bloomer 115).

Opinions of the Vulnerable in the Society

Human rights are being used to represent the vulnerable in society. These people have the right to negotiate matters that concern fairness, justice, political equality, businesses, and education, among other issues that affect society. Most of the vulnerable populations are denied information on their rights to political participation, education, good life, and health. Such are exposed to constant vices that include abuses, disposed assets, and limitation to prosperity, among other privileges (Bloomer 120).

In such cases, human rights are used to decrease public oppressions by ensuring that better treatments are accorded to them by various government agencies and businesses. Human rights are also used as a tool to ensure that right actions and fair treatment are administered to the members of the public. The respect for civil liberties is a paramount tool for the formulation of public opinions with a view of ensuring social transformation (Bloomer 120).

Conclusion

The essay has elaborated on human rights as a useful tool of public opinion-making regarding matters of politics and economics, among others. The respect for human rights has led to the development of various movements to fight various failures such as the dispossession of public property, environmental damage, and unfavorable working conditions that require change, among others.

Works Cited

Bloomer, Phil. “Are Human Rights an Effective Tool for Social Change? A Perspective on Human Rights and Business.” SUR-International Journal on Human Rights 20.1 (2014): 115-121. Print.

Hacker, Jacob and Paul Pierson. Winner-take-all politics: How Washington made the rich richer and turned its back on the middle class, New York, NY: Simon and Schuster, 2011. Print.

Human Rights and Their Role in Public Opinion Making

Introduction

The quest for human rights create a mental picture that draws the audience’s assumed knowledge of the need to end the restrictions of human beings in their endeavor to reach out to greatness in life. The trepidations of colonization, slave trade, apartheid, totalitarianism, and torture designate this horrific epoch.1 The principle revolves around tacit acceptance of humanity in their absoluteness and not by sheer endorsement of bespoken institutions that plunder men of their freedoms. The metamorphosis of human rights has been rapid for a long time, yet profound especially in bringing socio-economic and political changes in history.2

The concept of humanism

Memoirs often offer that the humanism of Renaissance revived the European intellectual history, hence giving rise to the rebirth or resurgence as the classical sphere against which humanist viewpoint is beholden. The humanist philosophy seen from these lenses, hold that the dignity of humanity – dignitas hominis is second to nothing.3 Through these assumptions, the humanist consciousness shifted its initial emphasis from logic and theological thinking to specifically that of a human course. In pursuit of these endeavors, historians literally argue that humanism succinctly set the course of human rights and further flagged off the contemporary secular world into motion.

Revolutions in Europe and the American Declaration of Independence

The concept of dignitas hominis or dignity of human beings in the classical Roman thinking essentially sought to augment human status.4 The concept held that an individual who was worthy of honor must be accorded respect and honor given their specific status in the society5. Observers of the ancient human course reckon that the term signifies worthiness, whose outward aspect is to an individual’s social role, which in turn evokes respect, and exemplifies the personality of an individual.

The impacts of the Tudor-Stuart polices coupled with the Normans and the heavy disparities experienced by the Irish as a consequence of the 1800 Act of Union, have made them to leave a landmark legacy that has persisted and withered the taste of time.6 The Lafayette text impeccably motivated by the American Declaration of Independence of 1776, was a great success and its reference to other French traditional archives such as the 1852, 1946 and 1958 constitution amendments.7 The representatives of the French populations forwarded these propositions in the belief that neglect, ignorance, and contempt of the rights of humanity are the foremost forms of public concerns that continued to bedevil the state.

Human rights movement

Human rights as a concept thrived under several concepts before the reigns of King John Lackland of England. For some reason, Lackland violated the laws and customs that governed England and he was compelled to sign the Magna Carta (the Great Charter) in 1215.8 The Magna Carta was a binding document that sought to ensure the King followed the laws of the land while guaranteeing the rights and freedoms of his subjects against his wishes. These ancient developments were the offshoot of the chronicles of the human right movements in history. The then society’s religious mentality is perhaps among the most referenced mindsets in the ancient international diplomatic ties in the continental Europe.

During the 15th and 16th centuries, the growth of the human right movement was at the epicenter of great contention in international media. There were interruptions from policy makers of the time that feared the force with which the human rights literature was receiving acceptance. The state saw this activism artistry as a great encumbrance to policy making and for some time, it became hard to govern against the whims of the humanitarian think tank.9 Because of these, there followed a thorough and comprehensive purge on the existing and sprouting movements.

The quest for human rights

The quest for human rights creates a mental picture that draws the audience’s assumed knowledge of human beings as horrific entities judging from acts of history that caused and continues to cause unprecedented human sufferings such as colonization, slave trade, apartheid, torture, and abortion.

Moving forward

In the years following the Second World War, the world turned its focus from the contest between democracy and totalitarianism to emerging threats such as the global balance of power10. The power vacuum in the years following the postwar history greatly troubled the United States, especially in the oil opulent and war ravaged Middle East. In the 1960s, much of the Middle East was a deep preoccupation and this was mainly because its inclination to communistic thinking.11 The foundations of the Truman Doctrine were premised on the justification of the theory that Communism thrived on sheer determination to destabilize world economy.12

The centrality of the Truman Doctrine to human rights

The Truman Doctrine promulgated a noble policy that meant to support free people who were subdued by armed dynasties or external aggression. President Truman however, observed that the aid America was volunteering would be in handy, yet in the form of fiscal aid given that economic strength and organized political structures were the foundations of stability, which essentially was after all, what the newly independent nations yearned for.13

Democratization process

The word democracy emanates from two Greek terms ‘demos’ meaning the people while ‘Kratos’ refers to a form of Aristocracy denoting a leadership that is decided upon by the people.14 In the American context, democracy refers to a people chosen government, a concept of governance that cannot subjugate its people. Democracy by any means is the preserve of an equal opportunity society where everyone has a say in the concept and nature of governance.

As a concept in public opinion making, democracy makes sovereignty worth its while.15 The logic of civic competence and the drive to have an impact in the concept of political life and shape the democratic process of a people delves essentially on the ability to grasp the political tenets that defines a people.16 Elements such as the logic of civic participation are essential ideals of democracy that are instrumental in public opinion and decision-making. Clearly, high levels of self-expression, values, and political participation are essential for a healthy public opinion making today.

Conclusion

Societal ethics as explored in the traditions of old parochial societies and embedded in the origins of the agreeable social relations and attitudes cherished by the society have brought humanity this far. The interplay between human rights and public policy making relationships usually express themselves in the patterns or forms of behavior that the society considers to bring about ethical symbiosis between its key cogs. In the past, these prototypes were stipulated in the decorum of the customs of the day, and were idealized, analyzed, and inferred upon the people by the moral thinking standards of the time. However, with increased democratization of the society and enhanced acceptance of human rights, everyone has the right to influence public opinion and policymaking.

Bibliography

Albertone, Manuela. Rethinking the Atlantic World: Europe and America in the Age of Democratic Revolutions. Basingstoke, Hampshire: Palgrave Macmillan, 2009. Web.

Barratt, Bethany. Public Opinion & International Intervention Lessons from the Iraq War. Washington, D.C.: Potomac Books, 2012. Web.

Bostdorff, Denise. Proclaiming the Truman Doctrine: The Cold War Call to Arms. Texas: A & M UP, 2008. Web.

Copsey, Nathaniel. Public Opinion and the Making of Foreign Policy in the ‘new Europe’ a Comparative Study of Poland and Ukraine. Farnham, England: Ashgate, 2009. Web.

Gill, Graeme. The Dynamics of Democratization: Elites, Civil Society, and the Transition Process. New York: St. Martin’s, 2000. Web.

Hiram, Morgan. An introduction to the study of political ideas in early modern Ireland. London: Routledge, 1998. Web.

Ishay, Michelin. The History of human rights: From ancient times to globalization era. California: University of California Press, 2004. Web.

Kurtz, Paul. What Is Secular Humanism?. New York: Prometheus Books, 2007. Web.

McLynn, Frank. Lionheart and Lackland: King Richard, King John and the Wars of Conquest. London: Jonathan Cape, 2006. Web.

Singh, Ujjwal Kumar. Human rights and peace ideas, laws, institutions and movements. Los Angeles, Calif.: SAGE, 2009. Web.

Footnotes

1 Ujjwal Kumar Singh, Human rights and peace ideas, laws, institutions and movements (Los Angeles, Calif.: SAGE, 2009), 15. Web.

2 Ibid. 27.

3 Paul Kurtz, What Is Secular Humanism? (New York: Prometheus Books, 2007), 86. Web.

4 Michelin Ishay, The History of human rights: From ancient times to globalization era (California: University of California Press, 2004), 67. Web.

5 Morgan Hiram, An introduction to the study of political ideas in early modern Ireland (London: Routledge, 1998), 35. Web.

6 Ibid., 47.

7 Bethany Barratt, Public Opinion & International Intervention Lessons from the Iraq War (Washington, D.C.: Potomac Books, 2012), 287. Web.

8 Frank McLynn, Lionheart and Lackland: King Richard, King John and the Wars of Conquest (London: Jonathan Cape, 2006), 36. Web.

9 Ibid., 63.

10 Manuela Albertone, Rethinking the Atlantic World: Europe and America in the Age of Democratic Revolutions (Basingstoke, Hampshire: Palgrave Macmillan, 2009), 156. Web.

11 Ibid. 278

12 Denise Bostdorff, Proclaiming the Truman Doctrine: The Cold War Call to Arms (Texas: A & M UP, 2008), 256. Web.

13 Ibid. 345.

14 Graeme Gill, The Dynamics of Democratization: Elites, Civil Society, and the Transition Process (New York: St. Martin’s, 2000), 156. Web.

15 Ibid., 358.

16 Nathaniel Copsey, Public Opinion and the Making of Foreign Policy in the ‘new Europe’ a Comparative Study of Poland and Ukraine (Farnham, England: Ashgate, 2009), 78. Web.

Human Rights of Poor in Developing Countries

Since time immemorial, poor citizens in the developing countries have been sidelined and their needs left unattended to since they do not have the status and power to influence the society. Their interactions with those in authority and the decision makers in the society have been marred with many obstacles and denied the rights to freedom of speech and expression that is being enjoyed by the affluents in the same society (Kembrew 2005, p. 23).

The problem arose from negligence by the past regimes. Most of the leaders did not mind about the welfare of their subjects and were not ready to fight for their rights. For these problems to be adequately addressed, there was need for fresh leadership that was focused on fighting for the rights of its citizens.

These marginalized groups need to be enlightened and informed of their rights to expression and to what is expected of them by the world out there (Stephens 2009, p. 11). They also need to be provided with the constitution and relevant literature materials which contain information that touch on their lives.

It is of uttermost importance that the poor and the less fortunate in the society be empowered so as to have a platform to air their views and influence their nation and the world at large. Progress is being made at the moment and the gap is narrowing by the day.

In conclusion, a lot still needs to be done to bring awareness and admonish ignorance in the poor countries and as Kofi Annan alludes, there is a great need to aid poorer countries gain status and freedom by allowing them to freely express themselves like their counterparts in the developed countries since this is a fundamental human right that ought to be embraced by all irrespective of their races, class, status, educational levels or their positions in the society (Kuhlen 2003, pp. 20-21).

Reference list

Kembrew, M 2005, Human rights: freedom of expression, Hoboken, NJ; John Wiley and Sons, Inc.

Kuhlen, R 2003, Why are communication rights so controversial? Fundamental Human Rights, vol. 55, no. 4, pp. 20-21.

Stephens, M 2009, The commission on legal empowerment of the poor, Toronto: Sage Publications.

Universal Human Rights in Theory and Practice

In Article 3 and Article 5 of The Universal Declaration of Human Rights, every human being has the right to life, liberty, and security of person (Donnely 5). Also, every human being is protected against torture. No one shall subject a man, woman, or child to cruel and degrading treatment (Donnelly 5). These are examples of universally recognized human rights. However, the dictator used to control Egypt seems unaware that it was his responsibility to uphold fundamental human rights (Nunns & Idle 35). Leaders of the free world are aware of human rights violations within Egypt, but they turned a blind eye, ignoring the fact that former president Hosni Mubarak was guilty of such crimes (Khalil 45). It took the courage of a few good men to jumpstart a revolution. After the successful process that dismantled Mubarak’s hold on power, many young people created a documentary to tell their participation in the said revolution. The documentary was entitled The Square. It is a powerful example of youth media. It was also a useful tool to educate others about the importance of human rights.

The film garnered numerous international accolades due to its content. The performance of the actors was imbued with a different kind of realism because the actors were eyewitnesses to the Egyptian revolution that started in Tahrir Square. Almost all the actors in the film had first-hand knowledge of human rights violations under Mubarak’s reign. For example, Magdy Ashour, one of the lead characters in the movie, was abducted and tortured in the past. He was tortured because he was a member of the Muslim Brotherhood.

Revolution and Social Media

Part of the inspiration for the film was the life story of one of the critical leaders of the Egyptian Revolution. He is none other than Wael Ghonim. It is essential to highlight the contributions of Ghonim because he was one of the first to leverage the use of social media. He was instrumental in encouraging young Egyptians to go out and express their displeasure against their government.

In 2011, Ghonim was watching the news about the revolution that radically altered the political structure of Tunisia. Ghonim decided to create an online page to inspire Egypt’s youth to start a process similar to what has transpired in Tunisia. Just like the average citizen of Egypt, Ghonim was sick and tired of Mubarak’s brutal suppression of people’s right to self-expression. He also wanted to put an end to numerous human rights violations.

Ghonim was only 30 years old when he created the Facebook page that changed the course of Egypt’s history. In his first attempt, Ghonim announced through social media that there was a viable candidate that could defeat Mubarak in the upcoming elections. After a few months, Ghonim decided to create another Facebook page. This time around, he wanted to talk about controversial issues. It says Kullena Khaled Said, in reference to a young Egyptian man murdered by the country’s top law enforcers (Ghonim 58).

Ghonim did not expect the overwhelming response from his countrymen. But one day, he realized that Egypt’s youth was no longer afraid to express bottled-up emotions regarding the state of the country’s economy and its political system. From the point of view of a tyrant, Ghonim was guilty of treason. Therefore, the government has the right to apprehend him. Mubarak’s men initiated a methodical search for the creator of the Facebook page, and the man instrumental in fomenting a revolution. On the same day that people were filling up Tahrir Square to stage a massive protest, Mubarak’s state security officers kidnapped and tortured Ghonim. News of his arrest was made known to the protesters. They pressured the government to release Ghonim. After enduring several days of cruel treatment from his captors, Ghonim was released. He went straight to Tahrir Square to join others in the struggle for liberty and human dignity. Ghonim spoke to the crowd. A few days later, Mubarak was forced to step down (Ghonim, 249).

Youth Media

Ghonim’s experience is an important side story that will help explain the spirit behind the creation of The Square. The film received critical acclaim because of its content. However, the compelling storyline is not enough to explain why it was so successful worldwide. It is also essential to highlight the fact that it is an example of youth media.

There are several reasons why the documentary can be classified under the youth media category. First, the creators and actors behind the production of the film are members of the younger generation (Ruddock 22). Second, the story is about Egypt’s youth who took over Tahrir Square and demanded the resignation of Hosni Mubarak. At the beginning of the documentary, the spotlight was trained on Egyptian youth when Mubarak publicly condemned the civil disobedience that was gathering strength in Tahrir Square. In his speech, Mubarak acknowledged that it was Egypt’s younger generation that made up the majority of the people staging the massive protest. On national TV, Mubarak threatened them with dire consequences if they will not back down.

The image of a defiant and arrogant Mubarak speaking through the government-sponsored TV network created a sharp contrast to the hapless protesters in Tahrir Square. This contrast also helps explain the difference between youth media and traditional media. Mubarak used conventional ways to broadcast his message to the public. The young protesters, on the other hand, utilized the power of social media to voice out their concerns and demands (Umaschi 65).

Mubarak’s speech and the protester’s use of social media underscore the different aspects of youth media and why it produces different results in contrast to TV and radio broadcasting. Mubarak’s speech was instantaneously beamed to hundreds of thousands of TV sets all over Egypt. It gave him the assurance that he was able to speak directly to the people. However, Mubarak had no idea how his message was getting through. In other words, he had no reliable feedback mechanism. More importantly, Mubarak was desperate to reach out to the youth. In his speech, he addressed them as sons and daughters. But Mubarak utilized the wrong medium. If he wanted to reach the child, he should have used social media.

The protesters used a different tactic. By leveraging the power of social media, they did not expect to reach out to millions of people at once. Nevertheless, a single video or an available post online was like planting seeds. Planting a single source may not seem significant at first. Nonetheless, a single basis has the potential to become a forest. Social media users compare the spread of information in the same way that a viral infection is transmitted from one person to the next. In the end, videos posted online and messages sent via Facebook and other social media networks were more potent than the speech made by Mubarak.

Finally, the documentary is an example of youth media because its core message resonated with the younger generation. At the heart of a documentary is a cry for change from an idealistic group of people that are not afraid to risk everything to achieve the things that they believe are important in their lives (Noguera 41). In the film, the narrator said that Egypt was under the iron grip of Mubarak for more than three decades. Therefore, the older generation was a silent witness to the dictator’s brutal regime. However, no one dared lift a finger, and no one spoke against barbaric acts committed in the name of decisive leadership. They cowered in fear because there was so much at stake. The younger generation had the energy and a sense of reckless abandon to gamble everything that they hold dear in order to fight against oppression. It was this kind of theme that captured the imagination of young audiences all over the world. It is also part of the reason why the documentary is considered an example of youth media.

Human Rights Issues

The overwhelming success of the documentary is easy to understand from the perspective of youth media. Therefore, young people all over the world saw it as a compelling story that has to be shared with friends and loved ones. Although it appealed to the youth of this generation, the warm response to the documentary is also due in large part to the major themes explored in the film. The audience all over the world saw a gripping story of how a tyrant terrorized Egyptians and how protesters overcame insurmountable odds to compel Mubarak to step down as president.

The filmmaker, the producer of the documentary, and the actors that were involved in creating The Square succeeded in using the documentary as a significant vehicle to enlighten the world regarding their struggle against an oppressive regime. The documentary trained the spotlight on the youth so that the world will know who were the heroes of the revolution. But more importantly, the film highlighted their desire to expose the continuing human rights violations in the country. To a certain extent, they were able to succeed in terms of accomplishing their human rights goals. The group behind the documentary achieved minimal success because they were able to tell their story about human rights issues in their country. On the other hand, they are far from accomplishing significant goals. At the end of the film, the signs of real democracy and freedom are not yet existent (Quataert 61). The country seems to be under martial law. Nevertheless, the group that created the documentary succeeded in awakening the conscience of the people and its leaders.

Conclusion

The documentary is an example of youth media that tells the story of courageous young people in the midst of a revolution. They created the film in order to provide a compelling narrative regarding Egypt’s struggle to achieve freedom and dignity. To a certain extent, they were successful in convincing ordinary people to listen to their clamor for freedom, justice, and dignity of life. At the end of the film, the main character verbalized the intended message of the film, and it was to awaken the conscience of leaders and ordinary people. Thus, they have accomplished what they intended to do.

Works Cited

Donnelly, Jack. Universal Human Rights in Theory and Practice. New York: Cornell University Press, 2013. Print.

Ghonim, Wael. Revolution 2.0: The Power of the People is Greater than the People in Power. New York: Houghton Mifflin Harcourt Publishing Company, 2012. Print.

Khalil, Ashraf. Liberation Square: Inside the Egyptian Revolution and the Rebirth of a Nation. New York: St. Martin’s Press, 2011. Print.

Noguera, Pedro. Beyond Resistance! Youth Activism and Community Change. New York: Taylor & Francis, 2006. Print.

Nunns, Alex & Nadia Idle. Tweets from Tahrir. New York: OR Books, 2011. Print.

Quataert, Jean. Advocating Dignity: Human Rights Mobilization in Global Politics. PA: University of Pennsylvania Press, 2009. Print.

Ruddock, Andy. Youth and Media. CA: Sage Publications, 2013. Print.

Yamauchi, Marina. New Media and Technology. New Jersey: Wiley & Sons, 2011. Print.

The Human Right to Water: History, Meaning and Controversy

It is very unfortunate that even though water is an essential part of human survival, almost one-sixth of the world’s population lives without having appropriate sources of drinking water. Moreover, almost 25% of those who are privileged to have such access do not have enough quantity to suffice their requirements (Hardberger 2005). The efforts of earlier conferences could not take a legal shape but their intent became clear. It showed that the world community is concerned about the global water problem. Such concern become clear from the proceedings of the renowned ‘1977 Mar del Plata’ conference that recognized water as a right of people, irrespective of their socio-economic status (Gleick 2007).

The concept of human right to water has been the point of contention for over several decades but the issue gained global importance in 2010, when the ‘United Nations General Assembly’ and the ‘United Nations Human Rights Council’ identified access to ‘safe drinking water’ as a human right (Murthy 2013).

Human rights can be categorized into two groups, namely welfare rights and liberty rights. These rights may be related to consequential and non-consequential theories. The utilitarianism theory of ethics (consequential) relates to the welfare rights and the libertarianism theory of ethics (non-consequential) relates to the liberty rights. Both these theories uphold the consideration of water as a human right.

This report would present arguments in favour of the topic, ‘Access to Water Is a Human Right’. The recognition of water as a human right by the international community coincides with the characteristics of various consequential (such as utilitarianism) and non-consequent (such as libertarianism) theories of ethics. The utilitarianism theory of ethics, for instance, suggests that communities should strive to fulfil the utility needs of people in order to make their lives comfortable and healthy.

Here, a special reference to women of the community is eminent. The ‘4th World Water Forum’ suggested that the involvement of women from various communities in ‘water related projects’ would help in eradicating poverty (Brown 2006). This particular conclusion of the ‘4th World Water Forum’ shows that if efforts are made towards providing utility services to people, the resultant could be beneficial (health and prosperity) for the people and the community.

The libertarianism theory of ethics suggests that the freedom of people’s actions should be in consideration of others’ freedom as well. There are communities that are privileged to have sufficient (and even surplus) water. People living in such communities do not have the consideration of those who live without or little water. This might be due to absence of awareness of water problems in various parts of the world. The world community should have the ethical consideration of people facing acute water shortage and spread awareness among the people. This would help in water conservation. After all, water is a natural resource and everyone should have the right to utilize it, irrespective of the availability.

There are basically three themes that are generally considered while discussing about availability of water for the global communities. These themes are ‘financial sustainability, efficiency, and dispute resolution’ (Murthy 2013). Utility services have been largely affected by privatization of such services. Water is a utility that has experienced vast privatization. The main motive behind such a drive is to improve the financial sustainability and efficiency of the global communities. This might seem to be theoretically correct and beneficial but practically, such privatization has jeopardized the complete system (at least for the poor). Privatization means an increase in the standards but at the same time, tariffs are also increased.

This makes the facility out of reach for the poor. Moreover, an increase in tariff does not mean similar increase in the services being rendered. In fact, the services generally remain the same. Another factor that might affect the service and quality of such services is the removal of most of the municipal employees. Computerization of records has decreased the requirement of staff. But while doing this, the concerned private companies forget that services are not rendered by computers. It is the people who have to go to the sites and rectify any problems.

The international law does not prescribe any restrictions on pricing utility services such as water. In fact, the concern of the international communities such as the United Nations about water should be to convince governments of various nations (that face water shortage problems) to bear the costs of supplying drinking water to their citizens. The global industrialization has polluted water to a great extent and water needs to be purified in order to make it potable. Such an exercise involves expenses and since water utilities are privatized, the companies ought to recover such expenses. So, either the governments should not allow privatization or they should provide subsidy to the companies engaged in purifying and distributing drinking water. In spite of the global efforts, it is sad to notice that water is not a public commodity and people have to pay for using it.

References

Brown, E V 2006, Water: a human right for all. Web.

Gleick, P H 2007, ‘The human right to water’, Water Policy, vol. 1. no. 5, pp. 487-503. Web.

Hardberger, A 2005, ‘Life, liberty, and the pursuit of water: evaluating water as a human right and the duties and obligations it creates’, Northwestern Journal of International Human Rights, vol. 4. no. 2, pp. 331-362. Web.

Murthy, S L 2013, ‘The human right(s) to water and sanitation: history, meaning, and the controversy over-privatization’, Berkley Journal of International Law, vol. 31. no. 1, pp. 89-147. Web.

The European System of Human Rights

Introduction

The devastation that braced the European continent from the aftermath of the World War II led to the formulation of a peace keeping and cooperation dubbed the European human rights system. It embodied the principles of the unified Europe and a representation of the vast interests in the European continent.

It was meant to have three constituent organizations: The European Council, The European Union and the Organization for Security and Cooperation in Europe. The system was then to survive the whims of the cold war and the downfall of communism to the modern day contemporary concerns of the European continent. (Moravcsik, 2000)

The objective of the system is to motivate peace and tranquility across the continent of Europe. The three different organizations were delegated with different mandates to achieve this cause. The council is the legislative and judicial arm that deals with matters of law in so far as the promotion of democracy, human rights and the obedience of the rule of law is concerned. (Janis et al 1995)

The union on the other hand was is a division that seeks to promote trade relations and ensure economic stability among its member states. It mitigates and arbitrates for and on behalf of the participant states to ensure a free flow of factors of production necessary for economic growth.

The security and cooperation organization is the watchdog of the system. It keeps afloat with the military and security concerns of the members and ensures that there is peace and stability at all times (Dijk, 1998).

The modern day system has evolved to embrace the emerging issues that have often overlapped with focus being laid on the observance of human rights which still is the mandate of the council. (Drzemczewski, 1983)

Statement of the problem

Over the years the European continent has evolved into a complex network of ideas built on the cultural and historical backgrounds of the member states. The impact of the various conflicting political, economic and social interests has left a big question mark on the role of the system in mitigating these transactions.

In recent times the union has been criticized for lack of objectivity and the display of double standards in dealing with members with democratic concerns. The Kazakh parliament for instance received a cold shoulder after they decided to hold a referendum whose object was the extension of the incumbent President Nursultan Nazarbayev.

These kinds of referendums have been held elsewhere in member states such as Uzbekistan. additionally the people of Brussels in attempts to display their dissatisfaction with the inauguration of Alexander Lukashenko as president of Belarus for a fourth term led boycotts and protests yet on the other side Islam Karimov is accepted as Uzbeks president in the face of the undeniably illegal election and history of his term since 1990.

There have been human rights concerns that have been raised by the member states. Despite the verbatim assurance by the union that they would address the all too common concerns, the union has continued to take a sided approach choosing casually assume that all would be well yet taking little action.

Down from the torture and killings of the Islam Movement of Uzbekistan leaders by the dictatorial regime in Uzbek to the Andijan killings (Human Rights Watch, 2005) that were marred with illegality the union has chosen the third party interests approach which is contrary to the unions objects and purpose.

This paper seeks to review and account for the participation role and relevance of the European system of human rights in the service and execution of the members interests amidst the above mentioned criticisms

Objectives

It is common ground that there are rising concerns as to the purpose of the European system of human rights. This paper seeks to address this issue in the following aspects.

  • To relate the participation of the European human rights system with the international human rights standards.
  • To explore the relevance of the system to the concerns of the European system of human rights.
  • To illustrate the particular conflicting case law in which the unions participation has been questioned.
  • To recommend a way forward for the unions future prospect in its quest to maintain peace economic stability and ensure observance of human rights and the rule of law.

Themes

The common goal of human rights is the observance of all fundamental rights and privileges that accrue to human beings. Their violation and enforcement relies heavily on political, social and economic goodwill. The trend has shifted to the most conspicuous concerns which will form the object of the research and analysis. They include among others the following.

Discrimination

This in simple terms is the sensory and cognitive capacity to create clear separation and perceive lack of similarity in two or more objects. In the context of human social relations it is an explanation of derogatory prejudice between people. Europe has had its share of this vice. In France for instance there have been calls for compliance with the union’s principles and proponents against discrimination.

Being a member of the union, it has been criticized for the casual approach to the minority Roma group. There have been reports that indicate human rights violation against these minority populations in so far as deportation and restricted movement is concerned. (Kirsch, 2010).

France has inexplicably failed to transpose the provisions of the Free Movement directive of the union into national law. It therefore raises the question as to whether it is obligated to honor the guarantees and substantive procedures of the directive. The directive provides for guaranteed primary individual freedom of movement and residence in the member states subject to the restrictions and limitations of the treaty.

The regard for minority interest and participation public life is a fundamental and necessary requirement for a peaceful and democratic society. They are a key ingredient in the building of the fundamental principles and rules proposed international law in respects such as the observance of human dignity, equality and non discrimination.

These factors motivate the observance of minority rights in the public arena and therefore place an obligation on every state that claims to observe the rule of law and human rights to allow the growth of a healthy civil society of peace prosperity and tolerance.

Democracy

This is a political organization that embodies creation of a consensus through participation in the election of representatives whose mandate is to exercise equal control I the matters that affect the interests of the electorate. Democracy and OTS principles takes different forms and conceptions that vary with the situation.

The democratic concerns of the European continent have made a public display in the various member states affairs such as Uzbekistan. The participation of the union in these matters is limited to the provisions of the treaty. However the exercise of the democratic right is a matter of individual interest and goodwill. This interest is influences by the environment in which the individual is subjected to.

A report in 2006 on the elections tendency indicated that there was an increase in the number of union citizens voting in their member states rather than their states of origin. This implies that there were more people registering to vote in their resident states a, a sign of increased mobility. In effect the substance of the rule of law and human rights has taken shape

Economic social and cultural rights

The basic Economic social and cultural rights principles are construed from the various international human rights bodies such as the World Health Organization, United Nations International Convention on Economic and Social Rights and the International Labor Organization.

The European system of human rights has its own provisions that safeguard these rights such as the council’s European Social Charter and the council’s Community Charter for the Fundamental Social Rifghtes of Social Rights Workers

The unfettered right to full enjoyment of human rights by all as well as participation in the making of decisions that influence or affect the availability of this enjoyment forms the sole ground on which an equitable society may be built (United Nations 1966).

Situations may vary and demand different treatments, in the same measure all participants should be assessed to allow for personalized and specific provisions that will allow equal access to the human rights.

Arguments

Participation in decision-making

The demands of the 731 million people living in Europe in so far as human rights are concerned require a strict element of participation. The European system of human rights should in as far as possible offer the people an opportunity to decide their fate in aspects such as policy formulation and implementation procedures.

This can only be the case if the doctrines of the rule of law and democracy are implemented with impartiality and with objectivity. There should be a structured system of rules that provides for minimum electoral requirements and all members should be obligated to abide by these rules.

Self governance

Self governance refers to the ability of a community to control and influence matters that affect the participants of such community directly or indirectly. In specific respects the societies in Europe should have at their disposal choices from which to choose from in matters that affect their human rights as opposed to authoritarian decisions that are enforced on them (Foundation on Inter-Ethnic Relations, 1999).

Guarantees

The policies laws and rules should safeguard the security of the people’s basic human rights. Europe has a vast selection of documents that campaign for the enforcement of these rights. The European system of human rights has the sole mandate to ensure that these pieces of legislation are up to date and are implemented.

Further these principles should be echoed in the constitutions of the various states to allow for legal action against violation (Commission of the European Communities, 2008).The extent to which the system has fulfilled this cause is a matter of relative regard. The systems active involvement ensures that the policies are observed and keenly put to check.

Conclusion

The European convention of human rights since its formation after the world war has made successful attempts at establishing jurisprudence in human rights and in ensuring human right and democracy across Europe. It has grown to include the membership of growing democracies and has participated in the sustenance of peace and tranquility in the continent.

However it has had its own challenges, for instance by 2005 the number of human rights applications were 44,100. The number has risen even further to the tune of 250,000. This implies that the European system of human rights lags behind the reality on the ground and therefore needs urgent reform to ensure that it keeps the number in control (McKenzie, 2005).

References

Commission of the European Communities. (2008). Report on Citizenship of the Union. Brussels. Web.

Dijk, P. (1998). Theory and Practice of the European Convention on Human Rights; 3d ed. Hague: Kluwer.

Drzemczewski, A. (1983). The European Human Rights Convention in Domestic Law; A Comparative Study. Oxford: Clarendon Press.

Foundation on Inter-Ethnic Relations. (1999). The Lund Recommendations. Web.

Human Rights Watch. (2005). The Andijan Massacre. Web.

Janis, W., Richard S., and Bradley A. (1995). European Human Rights Law; Text and Materials. Oxford: Clarendon Press

Kirsch, N. (2010). Web.

McKenzie, M. (2005). Review of the Working Methods of the European Court of Human Rights. Web.

Moravcsik, A. (2000). The Origins of Human Rights Regimes: Democratic Delegation in Postwar Europe. Massachusetts. The Massachusetts Institute of Technology pp. 217–252.

United Nations. (1966). International Covenant on Economic; Social and Cultural Rights. Web.

The UN Human Rights System

The human right system as defined by the United Nation Human Rights System is a system whereby, the fundamental rights of humans are observed as well as character and worth of all the persons. Included in this system is the application of equal rights and system to all persons.

The United Nations have set a preamble on the rights that should be assigned to humans. The preamble preaches of application of human rights to all people with maximum fairness and campaigns against discrimination, whether on the age of the person or sexual orientation.

Many rights are discussed in the universal declaration of human rights proposal in regard to the rights of individuals in a given country. The thirty articles contained in this declaration all aim at ensuring that the people rights are observed at all means.

The rights speak of a general importance of the people having the equal rights to others and living together in the spirit of brotherhood. The purpose of human rights is to be able to protect human agency and to protect humans against abuse and oppression.

Negative freedom is fought against through the underlined rights. According to Ignatieff, the rights subsistence is also important as the right of agency, since both of them fight against torture (Gutman, 2001). Though the subsistence right is not, negative freedom is equally as bad because it causes cruelty and punishment to the people.

The importance of human right is to protect human agency, which is not always inclusive of the negative freedom only. However, just because human rights are enforced does not mean that the people will live a wonderful life. The sole purpose of these rights is to ensure that individuals do not face any kind of abuse and torture.

Proliferation of right is however discouraged, as setting out rights that are not necessarily needed to protect agency may weaken even the power of the enforcers. Achievement of the international human rights may be a problem due to proliferation of rights since it is hard to achieve an intercultural assent to rights. Human right also faces a problem of nationalism.

By nationalism it means the right of self- determining. The problem with nationalism is that if it has to be practiced, the majority have their way while minority have just their say. Some people will benefit while others lose.

Ultimately, nationalism means that some rights will be observed and others violated; this is however not what human rights stands for since it seeks to make sure that the right of all individuals are observed and equality is the main driving force (Gutman, 2001).

The United Nation has a dream of creating a global community, which observes human rights. Anthropology plays a great role in this by carrying out a research on the different culture, and also monitoring the observance of rights and when need arises in fighting against incidences of violation of rights. Anthropology is a big advocator of the human rights through collectively fighting of human rights and for individuals.

Anthropologists have also shown great commitment in the political area, involving themselves in activities that fight away oppression in the society. Anthropology seeks to put back human back to their rights. Anthropologist can be of great help on the understanding of human rights through showing conceptions of rights, and how they function in different cultures.

For example, in Latin America traditionally citizenship excluded the locals and were subject to rights violations. Through the years anthropologists have studied the international law and tried to reform it to such a way that they revive legal pluralism. It is through this time that legal anthropology rose up that aimed at ensuring the right of individuals internationally.

A culture of transnational culture has been created where some countries like Hawaii have followed the international human rights law. Anthropology therefore embraces the need to have law in the society that guides the people (Wilson 2006).

Having the law will ensure that equality among the individuals is observed and the people in the society will have knowledge of the same. Incidences of violation of the rights are therefore minimal.

In Adams book on the suffering of winds of Lhasa, universal rights people are well advocated as compared to individualist rights of people. Vincanne is keen to note that the Tibetan refugees would endure lesser pain if the rights of all the individuals were considered. The data collected in this book reveal that the international rights were not followed.

The way they were fighting against the denial of the rights took them so long to get the independence, and it is only when they sort the rights universally that their views were heard (Adams, 2002). Culture is brought out as barrier to the rights of individually in the society, the fact that their culture embraced torture made them take long in fighting for their rights.

Sometimes, incidences of violence and suffering are important in adding the dimension of experience to the language of rights. Suffering brings understanding to the people of the accepted human suffering right to the people. The same is expressed in the anthropology theory where we are deemed to imagine ourselves living the lives of other people and enjoy the treatment they enjoy.

Instances of having political violence and atrocity are some of the ways the human rights of people can be denied. According to Humphrey (2002), violence does not only to cause injury, but also destroy the human life. In such a setting where the political violence is in existence, the rights of people are usually not practiced and oppression is high.

After the end of the violence, the only way to ensure that such violation does not occur again is ensuring that there is closure among the affected parties. Achieving closure means that the victims’ rights are observed and those in the violation of the rights are subjected to the justice of the later or international justice (Humphrey, 2002). S

ometimes the rights of the victim are seen as an obstacle to political change. Such a notion should not exist since for justice to be there, it is necessary to have people’s rights being observed.

Observance of the rights laid down is not usually followed especially in scenarios involving politics. Internationally, there have been various incidences of violence and this time through violation and lack of awareness to the general public. Application of rights right down by the United Nation is not always followed.

The right against oppression, which is highlighted in their declaration of human rights is not followed in some countries; Argentina is one of the countries that has faced this problem. Military dictatorship around the1970s denied the people their rights by subjecting them to oppression, torture, and imprisonment.

Through this time, the constitution was not followed and rights against the people were denied. Pressure amounted from the international community that led to formation of human right groups that fought impunity. It is through the meetings between these groups that pushed the authority to stop oppression and embrace transition.

Truth and justice commission emerged at this point, and were campaigned for democracy (Bosco, 2004). Creation of democracy led the government to engage in attempts to set up ways of ensuring that the justice in the country is observed, as well as a frame work of ensuring human rights are followed.

To the local people, some individuals have gone to the extent of putting up memorial landscapes that are historical to the people, reminding them of the time their rights were being violated. Madres de Plaza de Mayo is one of the symbols used in Argentina, that acts as a reminder to the general public of having the rights of the public (Bosco, 2004).

The symbols are reminders of the visitors as well as the public of the past and how oppressive it was to them. Rituals have also been used as a symbol of fighting incidences of lack of issuing of rights. The fact that they are collective can offer a commemoration to all the people of importance of the past as well as the need to observe human rights.

Education to the local public of their rights has been promoted through various methods. Among them has been setting up Truth and Reconciliation bodies. In these bodies, the cause of the violence is determined as well as the reasons that led to the occurrence of the violence.

According to Humphrey (2002), it is not always that these bodies offer justice to the public, as in some instances, for example the incident is South Africa: So that the truth can be determined, the violators of these rights were given amnesty to unreveal the truth that would set closure to the general public. Humphrey highlights that the testimony has more importance than meeting the individuals’ physiological needs.

Giving these testimonies also involved transformation and creation of a culture of having human rights being observed. Humphreys is also keen to note that the international court can be used to offer justice to the individuals who have been involved in massive denial of rights (Humphrey, 2002).

Through this system, the public rights can be fought against as well as ensure that justice is practiced. Having trial is one of the steps that can be taken to ensure that the general population has recovered from the violence times. Morality is also instilled by this move. However, this is not always enough, working with the memory of the past is important in ensuring that the political reality is created in the country.

Human rights are important among individuals in any society. They enhance the spirit of living in harmony among the individuals in the society. There are many theories that explain the need to have practice of right. Among them is the anthropology theory that stresses on the need of collective fight for peoples’ rights (Wilson, 2006).

There is no need to just highlight the rights that people have without ever ensuring that the rights are given to the people. Justice is also an important element in offering the rights of the people; individuals involved in violence against other people, whether political or not, should be accountable for their actions.

There is also the need to have a truth and justice commission to bring healing to a country that has suffered great violence, and also trials to individuals involved. To a country involved in violence, there is need to set a reminder to the future generation where the country has come from, to ensure that it does not happen again. Setting out symbols can be one of the solutions that remind the locals of where they have come from.

List of References

Adams, V. (2002) Suffering the Winds of Lhasa: Politicized Bodies, Human Rights, Cultural difference, and Humanism in Tibet, in The Anthropology of Globalization. Oxford: Blackwell Publishers.

Bosco, F. J. (2004) Human rights Politics and scaled performances of memory: conflicts among the Madres De Plaza De Mayo in Argentina. Social & Cultural Geography.

Gutman, A. (2001) Introduction. In Michael Ignatieff Human Rights: As Politics and Idolatry. Princeton University Press: Princeton and Oxford.

Humphrey, M. (2002) The Politics of Atrocity and Reconciliation: From terror to trauma. London: Routledge.

Wilson, R. (2006) Afterward to “Anthropology and Human Rights in a New Key”: The Social Life of Rights. American Anthropologist.

The Universal Declaration of Human Rights

Before discussing any phenomenon or event, it is of crucial importance to identify the major factors, which contributed to it. The Universal Declaration of Human Rights should be analyzed within the context of the political, cultural, and religious situation, emerging in the middle of the twentieth century. As it is widely known, this act was adopted in 1948. According to this document, every person (or it would be better to say human beings) must be entitled to certain rights, which cannot take away from him or her (Weiss, 14).

At first glance, it may seem that this act should have been readily accepted by every nation; however, one should take into account that the Declaration of Human Rights was not received unanimously by all nations. For instance, representatives of some Islamic countries subjected it to heavy criticism. They stated that religious and cultural traditions were overlooked in this document (Ramcharan, 43).

The question arises of what prompted the United Nations Organization to develop and adopt this act. It stands to reason that first of all this declaration was the natural response to the events of World War II (genocide, violations of Genève convention, atomic explosion), which had proved that human rights could be easily violated even in the most developed countries. In addition to that, it became apparent that the international community did not come to a consensus about such a concept as “human rights”. As it has been pointed out earlier, Western and Eastern interpretations did not exactly coincide; therefore, some unification had to be achieved.

In this respect, we should explore the political situation in the Post-War period. Humankind was on the verge of a new conflict, the Cold War, but at that moment, the contradictions between the United States and the Soviets were not so aggravated, and both sides of the argument supported the idea of such declaration.

Regarding the religious environment, we should first say that the twentieth century is marked by a religious crisis, which means that to some extent, religion ceased to act as guidelines for people (the events of World War II eloquently substantiated this statement). Consequently, it was necessary to lay legal foundations, which were to ensure that at least basic human rights were preserved and protected (Asbeck,88). Naturally, we should not make generalizations because the religious crisis did not strongly affect Islamic countries but it was very tangible in Europe.

The events of World War II also showed that many people were not able to practice their religion. They were officially (or unofficially) prohibited to do it. In theory, the Declaration of Hunan guarantees that every person has religious freedom but it could not eradicate certain tacit laws, which still acted against some religious groups (Weiss, 134).

Furthermore, while analyzing the history of the twentieth century, scholars often attach primary importance to the so-called clash of cultures. At that moment, Easter and Western Worlds were only beginning to interact with each other but it was obvious that such notion as “human rights” was perceived in different ways. Partly, this declaration was aimed at strengthening the ties between the two most basic cultures or at least ensuring that they could efficiently cooperate (Ramcharan, 65).

New social developments also contributed to the adoption of this document. For instance, the growth of the feminist movement indicated that the roles of men and women should be reconsidered especially in terms of employment policies, and education. The adoption of the Declaration aroused a storm of protest in some Islamic countries because social equality of both sexes contradicted some tenants of the Muslim religion, especially regarding the role of women in the family and their dependence on their husbands.

In her book “A World Made New” Mary Glendon gives the reader insights into the atmosphere of that time. The author focuses on the role of Eleanor Roosevelt in developing this document. She was a member of the Human Rights Commission along with representatives of other countries. People, who were designated to draft this document, had to fight against insuperable odds, namely cultural-political, religious, and social controversies. It should be mentioned that even now this document is viewed as pro-Western and pro-American, though it seems its basic principles are universally applicable (Glendon, 33).

Nevertheless, the most important problem that Human Rights Commission had to resolve is how to make this doctrine applicable, in other words, whether this document had any legal force. Johannes Morsink in his book “The Declaration of Human Rights” argues that this legislative act was fully implemented only in the West; however, it did not become applicable in some other countries for example, in the USSR (Morsink, 8).

Thus, having analyzed political, religious, cultural, and cultural environment in the post-War Period we can arrive at the following conclusions: first Human rights commission had to resolve cross-cultural contradictions while drafting the declaration, especially different perceptions of human rights in the Western and Eastern cultures. However, the main problem that had to be resolved was the applicability of this legislative act. It seems that even now this issue remains very stressful because some countries only officially accepted the Declaration of Human Rights but even they do not follow its basic principles.

Bibliography

B. G. Ramcharan.Thirty Years After the Universal Declaration. BRILL, 1979.

Frederik Mari Asbeck. The Universal Declaration of Human Rights and Its Johannes Predecessors (1679-1948): And Its Predecessors (1679-1948). Brill Archive, 1949.

Morsink. The Universal Declaration of Human Rights: Origins, Drafting, and Intent. University of Pennsylvania Press, 2000.

Mary Ann Glendon. “A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights” Random House, 2002.

Thomas George Weiss. “The United Nations and Changing World Politics” Westview Press, 2004.