Category: Human Rights

Introduction

This literature review traces the journey taken by nations and organizations in establishing rights for employees. It focuses on the need to ensure investors get maximum return on their capital and at the same time offer their employees reasonable remuneration and freedom to enjoy their rights. The scope of this review starts from the history of Labour Human Rights (LHR) and examines how various authors have presented their case studies regarding the effectiveness or lack of it of the policies that govern workers. The criteria used include examining the theoretical aspects presented and the researchers conducted by these authors and other relevant bodies like the International Labour Organization.

Main Body

Lisa Rodgers discusses the history of LHR and argues that global legal consciousness started during the mid of the 19^th century and at the beginning of the First World War. She explains that the awakening relied on the differences between public and private laws that later transformed into a political ideology that supports liberalism. In addition, the second part of this awakening was based on the importance of social groups in establishing and promoting respect for laws and legal systems (Rodgers 2012).

Moreover, she claims that there exist tensions within human rights and social justice and uses the case of Ministry of Justice versus O’Brien where a judge challenged his pension benefits by arguing that he should have been paid as a full time legal consultant. Her presentation enables the audience to understand that LHR agitations started long time ago and will never stop.

Rosaria Burchielli, Annie Delaney, Jane Tate and Kylie Coventry present various forms of labour rights abuse in their 2009 report. They argue that homework is a form of slavery that makes the poor people to work extra hard to ensure they prove to the world that they are capable of performing better. This discussion shows that corporate social responsibility and supply chain management have issues that should be addressed to ensure the rights of workers are respected (Burchielli, Delaney, Tate and Coventry 2009).

The United Nations General Assembly plays an important role of conducting research and exposing the challenges facing workers in local and multinational corporations. Its 2010 report focussed on the period after submitting other presentations to the Human Rights Council in 2010. The report was about protecting, respecting and remedying extraterrestrial jurisdiction of investors and their employees. Earlier researches conducted exposed the issues of human rights abuse through corporate social responsibility approaches that were not regulated. It discovered that some investors hid behind the cover of corporate social responsibility to deny their workers and the public the opportunity to enjoy their rights (United Nations General Assembly 2011). The presence of this report and actions planned by the United Nations put organizations on notice and ensure they revise their LHR policies.

Jernej Letnar Cernic prepared a report that promoted corporate culture by highlighting the need to respect human rights to ensure business activities are managed smoothly. He uses J. Ruggies’s 2008 report to explain how the international community must be prepared to manage the effects of corporate in harming human rights (Cernic 2008). This means that the report focuses on how multinational and local investments have abused the rights of workers and the public by ignoring the importance of respecting them and addressing issues that promote their welfare.

He claims that the international community is at its infancy stage of embracing the need to respect human rights to ensure communities and individuals are protected from abuse by businesses. However, its suggestions including the formation of international bodies to monitor this issue and enacting strict penalties for offenders do not offer appropriate answers of how to regulate corporations (Cernic 2008). This makes his argument weak because it is not based on research findings that offer a true picture of how this should be done. There are bodies and regulations to curb human rights abuse by businesses and the formation of new ones will not help improve the existing situation.

Christopher Marquis, Rachael Soares and Mathew Lee’s works examine and argue that corporate social responsibility is a sustainability approach that promotes healthy relations between organizations and their publics. They focussed their arguments on the recent global economic crisis and how it illustrated the challenges of quick-return business investments like the housing boom witnessed in America and how long-term plans may affect the performance of investments (Marquis, Soares and Lee 2011).

They argue that all major investment stakeholders know that corporate sustainability is here to stay. In addition, they claim that board gender diversity transforms the performance of businesses because the benefits of this practice extend beyond the financial achievements of companies (Marquis, Soares and Lee 2011). They use a research finding done by Harvard Business School to explain that there is a strong relationship between gender-inclusive leadership and corporate social responsibility and recommend that companies should embrace this practise.

Izaskun Larrieta Rubin de Celis, Gurutze Intxaurburu Clemente and Eva Velasco Balmaseda argue that gendered approach to CSR influences performance of organizations and use Spanish Companies to prove their point. They discussed corporate social responsibility in the context of the existing challenges that enable investors to adjust and take advantage of the changes in society to develop new markets and ensure they grow (Rubin de Celis, Clemente and Balmaseda 2011).

They use a research done by the European community to discuss how gender issues affect the performance of corporate organisations and argue that equality should be included in corporate social responsibility. They claim that the principle of gender inclusion constitute moral claims that will eliminate biases created by biased business models. Therefore, they advocate for a new management trend that ensures women are incorporated in the daily running various organisations (Rubin de Celis, Clemente and Balmaseda 2011). They use a research conducted by Spanish Ministry of Equality to explain that Gendered Social Responsibility contributes to an overall improvement on the performance of companies.

The Council of Superannuation Investors examined the relationship between labour supply and human rights. It conducted research on various organisations and discovered that the issue of LHR is not a major issue in various companies. This means that most employers ignored the need to respect the rights of workers because of lack of a responsible watchdog body (Council of Superannuation Investors 2010). A research was conducted on ASX 200 and the results were shocking because this company does not do what its mission purports and there are gross violations of worker’s rights.

The council argues that a small percentage (1 %) of global companies is ranked highly in terms of the effective adoption of the 10 labour human rights policies in their premises. However, most of them do not even have LHR policies (Council of Superannuation Investors 2010). LHR policies have become common in emerging multinational companies but this is just a matter of public relations because they do not have practical applications of these guidelines. They continue to violate the rights of workers and their hosts cannot reprimand them for fear that they may relocate to other countries.

Aaron Bernstein and Christopher Greenwald compared different organizations and how their LHR policies differ and help their employees. They argue that investors have placed unnecessary concentration on environmental, social and governance ethics and ignored the need to address labour and human rights that are very important in improving the performance of organisations. They discuss building blocks that are important in ensuring organisations guidelines regarding standard practises that will ensure the rights of workers are respected (Bernstein and Greenwald 2009).

They discovered that there are very few companies that have LHR guidelines; moreover, those with detailed standards or follow-up procedures were insignificant. According to them, only 28% had LHR policies while 15% of them admitted issuing an explicit LHR code of conduct to their publics. However, it was shocking to discover that less than 6% observed labour standards stipulated by the International Labour Organisation (Bernstein and Greenwald 2009). They admitted to be following and monitoring suppliers to comply with their policies and codes. Their discussion explains that majority of the companies located in Europe face public criticism because of how they manage LHR issues.

Joan Acker discovered that there is a close relationship between gender, capitalism and globalization. She argues that the introduction of gender considerations in globalisation processes will enable people to understand each other and how to protect, preserve and improve their environment. People will identify their roles in the reproduction process and transforming the course of globalisation (Acker 2004).

She claims that gender is a powerful resource for generating capital and it is in itself a factor of production. She confirms that globalisation has had various effects on men and women and there is the need for the corporate world to consider introducing and reinforcing gender-based leadership and management to improve the performance of their businesses.

Aaron Bernstein and Larry Beeferman show the extent of LHR use and abuse among global companies that claim to have effective policies to protect their workers. They conducted a research that benchmarked the companies listed on the S and P/ASX 200 on how they measured on the implementation of the international labour and human rights policies. They analysed 2,500 global companies and benchmarked their performance based on a 2009 study from the Pensions and Capital Stewardship Project of the Labour and Worklife programme at Harvard Law School (Bernstein and Beefman 2011).

They discovered that most American firms complied with the requirements set by the International Labour Organisation and their workers enjoy working and are more productive than those in other countries. In addition, they claim that Australia is also working hard to ensure majority of its businesses comply with the LHR regulations that will ensure the rights of workers are respected and protected.

Conclusion

This literature exposes serious challenges that employees face yet managers do not care about them. It presents gross human rights abuse perpetuated by the desire for organizations to make profits and ignore their workers. However, it has not painted an accurate picture about the efforts being taken by the International Labour Organization and local institutions in addressing the plight of workers. In addition, it creates gaps by failing to provide data to show the impacts of sustainable social responsibility on workers and the long term effects of violation of worker’s rights.

References

Acker, J 2004, Gender, Capitalism and Globalization. Web.

Bernstein, A and Beefman, L, 2011, S and P/ASX 200 and Global Company Policies by the Australian Council of Superannuation Investors. Web.

Burchielli, A., Delaney, A., Tate, J. and Coventry, K 2009. The FairWear Campaign: An Ethical Network in the Australian Garment Industry, Wiley, New York.

Cernic, L. J 2008, Corporate Responsibility for Human Rights, Wiley, New York.

Greenworld, C. And Bernstein, A 2009, Benchmarking Corporate Policies on Labour and Human Rights in Global Supply Chains, Harvard Law School, Harvard.

Council of Superannuation Investors, 2010, Supply-Chain Labour and Human Right, Harvard Business Review, Harvard.

Marquis, C., Soares, R. And Lee, M 2011, Gender and Corporate Social Responsibility: It’s a Matter of Sustainability, Harvard Business Review Press, Harvard.

Rodgers, L 2012. Human Rights Social Justice and Labour Laws, Foundation Press, New York.

Rubin de Celis, Clemente, G. I. and Balmaseda, E. V 2011, How a Gendered Approach to CSR Influences on Performance: The Case of Spanish Companies, Harvard Business Review, Harvard.

United Nations General Assembly, 2010, Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, McGraw-Hill, New York.

People are free to enjoy all human rights regardless of their nationality, race, sex or cultural background. However, this has not been the case regarding rights entitled to women as though they were not part of human rights. In light of this, women suffer discrimination and hostility in some countries, even in modern society. The promotion of women’s rights as human rights is a subject of critical concern. In South Asia, women could not avoid being discriminated against and violated for a long time, which is reflected in the universal human rights laws.

Legal systems need to respond to this and revise human rights accordingly. In this paper, we are going to discuss women’s rights as human rights and not as a separate issue. To get an in-depth understanding of the question and discuss it appropriately, we will refer to the status of women in South Asia where women’s rights are still discriminated in the light of social and religious attitudes. This example provides a broad understanding of the entire discussion.

To begin with, Pakistan feminists feel that the universally accepted definition of human rights does not encompass the actual meaning of women’s rights as they are. They argue that this definition is male-dominated. The public sphere’s concern regarding human rights caters to men as their voice is considered to be more important in the public sphere. The major purpose of the creation of human rights was to regulate relationships between the two sexes. Despite this, women in Pakistan experience oppression in their private sphere. According to Shah (2006), human rights give a leeway for the ignorance of some issues related to women’s rights. This provides the basis for a question, whether women are less human beings as compared to men.

The legal reforms of the human rights laws have largely ignored the private part of life as defined by the State. There is extrinsic evidence that in the private area, there can be observed frequent incidents of domestic violence where women are the victims. The bottom line is that the struggle of women for the equal treatment of these rights is not a mere women’s rights concern, but it can be considered a struggle for equal and unprejudiced human rights. Human laws stand against any form of violence done to any person in the public. On the other hand, women still face violence in the private sphere while this has no consideration in human rights.

This puts women in the position of being strangers in their land. In addition to what human rights entail, other significant factors have led to the abuse of women’s rights in such spheres as cultural and religious life. As part of the society, women take part in cultural and religious events. There are different attitudes towards women in different religions, but it is evident that in many religions the male dominance and superiority suppress the position of women in society. For example, a male superiority in South Asia is the result of freedoms given to them by the law which takes into consideration cultural and religious factors. This has led to the development of women’s movements, which confront the laws that legally oppress women with the religion shield.

Islamic faith allows divorce in the family and Sharia’s law states that divorce is meant to benefit the woman, however, while men can divorce women easily, wives can face considerable difficulties and limitations when trying to divorce their husbands. In one of the divorce cases involving a Pakistan woman married to a Nigerian man, the judge was reluctant to use Sharia’s Law during the process, but the man insisted.

Different cases were presented to him where women had been divorced using Sharia’s law. However, religion played a great role when the judge made his ruling under Sharia, other than the Britain law, for example. The law demands women to comply with the religion. Islamic religion undermines the equality of women in society and views them as inferior. Women are not, in any way, given the rights to challenge the authority of religion, which undermines their rights (Madhavi, 2005).

Threats to women’s autonomy are present in Islamic law through the regulation of their way of living. They are to cover themselves from head to toes when in public. While in public men are supposed to accompany women even though there is a freedom of movement in human rights. Afghanistan women in South Asia observe these laws and give respect to their religion. Women in society receive respect only by following what their counterparts dictate. This results in a violation of the basic women’s rights, and, as such, human rights. Such violations call for a need to link the gap presented in the legal systems confounding women’s rights realization.

Women’s movements fighting for women’s rights are considered to adopt Western culture which cannot be applied to South Asia Islamic countries. Even though there are recognized legal laws that were formed under the influence of Muslim customs and they become decisive to women’s possibilities. It is evidenced that the laws that have low favor about women, are given more consideration in the coexistence of numerous legal systems.

It is mentioned in the written statue by the regional coordinator of women in Asia, Farida Shaheed. Women continually face identity problems. They experience the isolation that is present in the name of Islamic faith, and it makes it difficult for women to be aware of their rights (Brodsky, 2004). Injustice continues to prevail in the lives of women because of the contentment of human rights, unwillingness to challenge private and cultural spheres, hidden in religion. Since these two aspects are given much consideration in this discussion, it is essential to reconcile them with human rights.

The above discussion is based on the oppression of women from attaining human rights as a whole. Women have also experienced life threats such as murder cases. Human rights state that all human beings have the right to life (Bridgham, 2008). A good example of this is the woman who witnessed her niece murder, as well as the abduction of her daughter, which took three years to uncover her face. Harassment of women, who attempt to fight against self-discrimination, is also a point of concern. Following threats, they are forced to leave their families and seek refuge elsewhere.

Women appeal for equal rights in search of the truth and are also given a deaf year by the government. For example, in the case in Sri-Lanka, when women witnessed the murder of their men, different men were detained, but the government would not consider searching for real criminals. Being born as a woman seems to be a mistake following the abuse by the governing authorities. The law allows for a peaceful protest when human rights are violated (Mel, 2001). Despite this provision, women are insulted when they protest. This is a reference to a case when an Afghan soldier abused the protesting women students by calling them Soviet slaves, which was an abuse of their human rights.

For a society to be healthy, both men and women have to take their rightful positions. They have to live together and depend on each other as human beings. The biggest question lies in where the joy comes from when women are oppressed by men, who dominate the public sphere. Every person is entitled to the full exercising of human rights, but the laws undermine the position and the values of women. Religion is significant as it forms a part of society and culture through giving moral values and directives.

On the other hand, religion oppresses women as it tries to keep and maintain its standards. The sovereignty of religion over the legal system, which is supposed to protect human rights, is a matter of concern. Women will is to fight for their rights while being in a religion. The Islamic religion has the role to promote freedom to believers whereas it has been used to oppress women. There is a need to create awareness of what human rights entail. It also necessitates legal actions in the achievement of the same. In conclusion, women are part of society and, therefore, recognition of their rights as human rights is essential, not only in South Asia but in every society.

References

Bridgham, J. (Director). (2008). Movie: 3. The Sari Soldiers [Motion Picture].

Brodsky, A. E. (2004). ‘With All My Strenght I’m With You on the Path Of My Land’s Liberation’: RAWA’s History and Continued Resistance. With All Our Strength: The Revolutionary Association of the Women of Afghanistan, 58-102.

Madhavi, S. ( 2005). Piercing the Veil. Just Advocacy? Women’s Human Rights, Transnational Feminisms, and the Politics of Repression, 266-290.

Mel, N. D. (2001). Mother Politics and women’s politics: Notes on the Contemporary Sri Lankan movement. Women and the nation’s narrative: gender and nationalism in twentieth-century Sri Lanka, 232-282.

Shah, N. A. (2006). The universality of Human Rights: It’s Challenges. Women, the Koran and International Human Rights Law. , 199-213.

Ideally, we can comprehend human rights as unassailable elemental rights that an individual is intrinsically entitled because he/she is a human-being. Also, we can perceive them as being egalitarian and universal. As a matter of fact, these rights can be deemed to be either legal rights or natural rights.

Human rights are the basis of tranquility, self-determination and evenhandedness because they recognize equality, and inherent dignity all over the globe (Trostle, 2005). This paper will depict the call by Paul Farmer for the human rights to have a newer definition that will not disregard the most fundamental rights, such as health, all-foods, and shelter.

To begin with, the disdain or disregarding of the fundamental human rights have led to acts that are barbarous, and which are capable of outraging the individuals’ conscience as well as the globe’s advent that can permit an individual to enjoy the freedom of trepidation, freedom of talking; and freedom of basic needs like shelter, all-foods, and health.

These human rights can be affirmed as the individual’s foremost priority. These essential rights ought to be included in newer definition of human rights.

For instance, if an individual does not have a right to shelter, or health, or all-foods, then he/she is likely to become rebellious against being oppressed and autocracy. It can be vital if the rule-of-law protects this (Trostle, 2005).

Actually, by profession, Farmer Paul was a Medical Anthropology Professor at Harvard-Medical school. He initiated Partners-In-Health. In his Pathologies-of-power book, he greatly employed consecrating stories about life-and-death in circumstances that were tremendous with the aim of interrogating how we can comprehend human rights.

Also, as a physician and an anthropologist, Paul was an experienced worker with over 20 years as he had worked in a number of nations, such as Russia, Haiti, and Peru.

As a result, Farmer argued that the current struggle for the essential and most vital human rights was to promote the social, as well as the economic rights of the poor individuals around the globe.

The eyewitness accounts by Paul were passionate. These accounts came from the prisons of Russia and the two villages that were beleaguered, such as: the Chiapas villages; and the Haiti villages. In actual fact, these accounts were employed by Farmer in linking the affected victims to a wider scrutiny with regards to structural violence.

Nevertheless, unadventurous thinking that was within the circles of human rights was challenged by Farmer as he tried to expose the correlations amid economical prejudice and politics, as well as the relationship between the powerless and their ill-health and/or suffering (Farmer, 2003).

Farmer was not only angry but also hopeful. This is because he was fervent as well as being authoritative at the same time. Vitally, the arguments by Farmer were elucidated as a request that was convincing in substantiating the human rights delineation not to disregard the most rudimentary rights, such as healthiness, all-foods, and shelter.

This plea had a potency that was deemed to be special as it came from a great individual that had already portrayed the notion that, it is probable to have a universal dream as well as a human-rights definition that is comprehensive. Also, Farmer brought health, shelter, food, and hopefulness to a number of poorest individuals in the world (Farmer, 2003).

While fighting for the newer definition of human rights, we can say that Farmer was not only charismatic but also luminous. He challenged individuals to face the 21^st Century dogmatic and conjectural challenges that were regarded as being urgent.

This was to be done by linking personified social agony with structural violence but in so doing, the human rights was to be defined afresh. While referring to Farmer’s book that was entitled Pathologies-of-Power, As Trostle puts it, “Once this book is out, we will no longer be able to remain complacently or rather complicity on the sidelines” (Trostle, 2005, p. 117).

Idyllically, in his arguments, Farmer gave a critique of the fanatical moral principles regarding a conformist. On the ground, he critiqued the relentless marching of the HIV/AIDS epidemic and the drug-resistant tuberculosis amid those individuals that were very sick, the poor, and the imprisoned individuals.

This notion illuminated that the worldwide economy had made a number of pathologies to lose their soul. Paul clearly illustrated that the societal forces that were alike were capable of giving rise to endemic disorders, such as tuberculosis and HIV, which were also capable of sculpting risk for persons to violate human rights.

Nonetheless, Farmer was also able to portray the manner in which gender inequality and racism, particularly in America, were embodied as being a disorder or demise or both. Farmer’s book is regarded as being milestone away from an inventory-of-abuse that is hopeless.

The examples that Farmer used in his book correlated with a guarded sanguinity and thus, individuals needed new medical or/and social techniques so as to be able to implement/develop them with a more informed level-headedness as regards to social justice.

If not, Farmer asserted that the individuals will not tackle structural violence but only deal with social inequality (Farmer, 2003).

The urgent plea by Farmer was to perceive human rights in the milieu of the public health and then consider eminence concerns that are critical and finally, guarantee that the poor individuals around the globe are able to access them.

This concern should be fundamental as presently, the globe has been characterized not only by bizarre propinquity that is in excess, but also suffering. This present central dilemma was captured by Farmer Paul. This dilemma encompassed the societal well being and the escalating health discrepancies (Payer, 1996).

In view of the fact that all United Nations member countries had already deprecated the gross-violations of human rights that had been perpetrated by a number of individuals who were capable of torturing, murdering/killing or imprisoning another individual, we usually ignore the human-rights violations that are insidious, and which are as a result of structural violence, such as: the fiscal opportunity refutation, housing that is decent; accessibility to healthcare facilities; and accessibility to educational facilities.

As thus, Farmer affirmed that, “Pathologies of Power makes a powerful case that our very humanity is threatened by our collective failure to end these abuses” (Farmer, 2003, p. 87).

In conclusion, we can say that arguments by Farmer have assisted us in opening up our hearts and intellects.

This is due to the fact that it has displayed itself as an engaged-scholarship model, as well as a call that is urgent, and which can motivate social scientists to be capable of forsaking their undemanding disregard for human-rights both at home and away from home. In reality, Farmer’s book has gathered both an activist’s potency and the strength of a thinker.

References

Farmer, P. (2003). Pathologies of Power: Health, Human Rights and the New War on the Poor. Berkeley, CA: University of California Press.

Payer, L. (1996). Medicine and Culture. New York: Holt Paperbacks.

Trostle, J. (2005). Epidemiology and Culture (Cambridge Studies in Medical Anthropology). Berwick: Cambridge University Press.

This paper is a review of the UDHR and its relevance to human service professionals who deal with domestic disputes. The UDHR is a strong indicator of the international community’s efforts to standardize human rights applications. The paper explores a brief history of the UDHR and mentions other UN-based conventions that address human rights.

The UDHR (Universal Declaration of Human Rights) is the document that defines collective and acceptable human-rights law. The impact of UDHR on global politics has been compared to that of Magna Carta. The UDHR document was drafted by the United Nations Commission on Human Rights under the leadership of Eleanor Roosevelt.

The UDHR was subsequently adopted by several countries across the world in 1948. The institution of the UDHR was prompted by the sudden increase in human rights abuses as exemplified by the Second World War, the Nazi genocide, and struggle for independence in several countries across Africa. The UDHR bears with it two fundamental principles; dedication to nondiscrimination and the dignity of all human beings.

The UDHR has served as the core framework of how several countries and institutions around the world handle human rights. Consequently, most of the clauses that were part of the original UDHR document are echoed in today’s human rights practices. This paper is a review of UDHR’s institution and how it relates to domestic dispute professionals.

UDHR is quite relevant to human service professionals in the field of domestic disputes. Human service professionals operate under domestic laws. Therefore, domestic dispute professionals will often encounter the elements of UDHR that are contained in both local and international laws on family disputes. The main area of concern for domestic dispute professionals is domestic-violence (Thomas & Beasley, 2003).

The problem of domestic violence persists in all countries across the world. Nonetheless, the UDHR does not single out domestic dispute resolution as an exclusive human rights problem. The UDHR is one of the conventions that provide an outline of human rights stipulations that directly touch on domestic disputes.

Other international conventions that touch on domestic violence and disputes include the ICESCR (International Convention on Economic, Social, and Cultural Rights) and the ICCPR (International Covenant on Civil and Political Rights).

The “Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is a convention that preceded the UDHR with the aim of granting international justice to victims of domestic violence” (Roosevelt, 2001). The elements that are contained within the 1981-instuted CEDAW are a restatement of UDHR.

One of the most relevant articles that are contained within the UDHR is article 3 that states; “everyone has the right to life, liberty and security of person” (Assembly, 1948). Article 3 of the UDHR acts as a guiding principle to all domestic dispute professionals. For instance, the human service professionals who are in charge of dispute resolution have to consider the fundamental rights of all the parties who are involved in a conflict.

When it comes to domestic disputes, the rights of children are quite important. Consequently, the UHDR is quite relevant to the practice of domestic dispute resolution because of the contents contained in Article 25. The article gives mothers and children a wide range of rights and privileges. For instance, article 25 states that “children are entitled to special care and assistance” (Assembly, 1948).

Furthermore, article 25 fortifies the rights of the children who are born out of wedlock. The assertions of UDHR’s article 25 are important to domestic dispute professionals. The bulk of work for domestic dispute professionals comes in the form of tackling domestic-violence issues within their respective communities.

The relevance of domestic violence issues within communities was underlined by a member of the United Nations’ special Rapporteur. Radhika Coomaraswamy observed that the “fundamental human rights to be free from torture, gender discrimination, and the inherent right to life are directly applicable to… violence against women” (Morsink, 2009).

The most relevant aspect about UDHR is that its provisions reign against discriminative national and customary laws within United Nations’ member states.

To ensure that the spirit of UDHR is not undermined, it is imperative for domestic dispute professionals to make changes to their practices. For instance, when professionals are resolving disputes it is important for them to take to consideration that any compromise to bodily integrity is not permitted. Henceforth, any form of dispute that involves bodily harm to either of the disputing factions amounts to an injustice.

Article 3 of the UDHR specifies that “Everyone has the right to life, liberty, and security of person” (Assembly, 1948). Domestic dispute professionals might involve other relevant institutions when disputes degenerate into physical harm.

Another change that human service professionals might have to make in the course of their practice involves getting rid of their prejudices. In some instances, domestic dispute professionals might be subject to prejudices that involve sex, race, religion, color, or language (Donnelly, 2003).

Professionals who bear prejudicial notions should change to ensure that the stipulations of article 2 of UDHR are upheld. The article warns against distinctions of any kind in accordance with “race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status” (Assembly, 1948).

The UHDR remains relevant to professionals who work in the domestic dispute field. Even though some of the stipulations of the convention may not directly apply to local environments and cultures, domestic dispute professionals should take UHDR into consideration.

References

Assembly, U. G. (1948). Universal Declaration of Human Rights. Web.

Donnelly, J. (2003). International human rights. Boulder, CO: Westview Press.

Morsink, J. (2009). The universal declaration of human rights: Origins, drafting, and intent. New York, NY: University of Pennsylvania Press.

Roosevelt, E. (2001). Universal declaration of human rights. New York, NY: Applewood Books.

Thomas, D. Q., & Beasley, M. E. (2003). Domestic violence as a human rights issue. Human Rights Quarterly, 22(1), 36-62.

Australia’s compulsory incarceration of asylum seekers started in the early 1990s (Chan 2006). The Keating Government pioneered the immigration policy. To uphold the reliability of the country’s immigration programs, the policy requires three categories of immigrants to be subjected to compulsory incarceration.

The groups are all illegal immigrants, migrants who present intolerable threats to the public, and migrants who have recurrently declined to act in accordance with their visa requirements (Chan 2006). As such, the policy is a vital constituent of robust border control measures. Under the program, all refugees must be incarcerated to go through evaluation processes comprising of security and health check-ups (Weissbrodt 2008a).

The evaluation processes are aimed at establishing if the asylum seekers have genuine causes for staying in the country. Since its establishment, the policy has attracted heated debates.

The policy has been criticised because it breaches the basic human rights upheld by the international law. In this regard, I believe that Australia’s compulsory incarceration of refuges illustrates that international human right standards have no factual capability to oblige states.

The right not to be incarcerated is an essential human right safeguarded by the international law. However, it should be noted that the law has no realistic ability to force states as indicated by the above policy. Australia’s policy on immigration demonstrates that state’s sovereignty is paramount. In this respect, the international law loses some of its capacity to obligate a sovereign state.

Being a sovereign state, a country is morally right in protecting the reliability of its borders (Taylor 2005). Equally, Australia’s sovereignty allows it to regulate immigrants who enter its borders. However, I believe that the above idea of sovereignty is limited. Australia’s autonomy does not guarantee the state to treat asylum seekers as they wish.

If the state treats the refugees without adhering to certain requirements, a failure in international collaboration would be witnessed. Therefore, Australia as an autonomous state acknowledges the need to respect specific commitments and rights to uphold its rank in the international corporation.

Just like other states, Australia engages in the international system of law and sign treaties with other autonomous countries (Loescher 2013). Through this, the country has approved to endorse the global system of rights and accountabilities that oversees the manner in which autonomous countries behave.

Nevertheless, it should be noted that endorsement of international agreements does not comprise of giving out of autonomy to an international organization. By endorsing the international law focused on refuges, Australia unequivocally approves to guarantee that fresh domestic decrees to be formulated be applied in a way that offers the appropriate appearance to its accord responsibilities (Weissbrodt 2008b).

The act is an optimistic appearance of the country’s independence and a confirmatory exercise of autonomy. Based on this illustration, it is apparent that Australia’s compulsory incarceration of refuges exhibits that international human rights standards have no factual capability to oblige states.

In addition, it should be noted that globally there is slight objection to the right that countries are ultimately accountable for how they treat immigrants (Weissbrodt 2008a). For instance, some Asian countries like Malaysia practice compulsory incarceration of asylum seekers in the same way Australia does (Davies 2006). Some Asian countries argue that they cannot be part of a treaty they did not play a role in drafting.

Through this, they have been able to formulate strict laws against asylum seekers, which violate the international human rights. For this reason, I believe that international rights standards have no real capacity to oblige Asian states just has it does with Australia.

If the international community wants to come up with laws that will oblige states in the future, it must ensure that the laws are in accordance with states’ sovereignty. Through this, the states will find it easy to implement the laws without compromising on their sovereignty.

Equally, the international community must try to engage all the states when drafting the laws. By doing so, all the states will feel represented. With equal representations, the states will also find it easy to implement the laws within their borders.

In conclusion, it should be noted that Australia’s compulsory incarceration of refuges illustrates that international human rights values have no factual capability to oblige states. Australia’s policy on immigration demonstrates that state’s sovereignty is paramount. In this respect, the international law loses some of its capacity to obligate a sovereign state.

Being a sovereign state, a country is morally right in protecting the reliability of its borders. It should be noted that endorsement of international agreements does not comprise of giving out of autonomy to an international organization.

Equally, it should be noted that globally there is slight objection to the right that countries are ultimately accountable for how they treat immigrants. If the international community wants to come up with laws that will oblige states, it needs to ensure that the laws are in accordance with countries’ sovereignty and all the states are engaged in drafting the laws.

References

Chan, P 2006, ‘The Protection of Refugees and Internally Displaced Persons: Non-refoulement under Customary International Law’, The International Journal of Human Rights, vol. 10, no. 3, pp. 231–239.

Davies, S 2006, ‘The Asian rejection: International refugee law in Asia’, Australian Journal of Politics and History, vol. 52, no. 4, pp. 562-575.

Loescher, G 2013,Human Rights Textbook, Oxford University Press, Oxford.

Taylor, S 2005, ‘Sovereign power at the border’, Journal Public law review, vol. 16, no.1, pp.55-77.

Weissbrodt, D 2008a, Refugees. Oxford University Press, Oxford.

Weissbrodt, D 2008b, Stateless Persons. Oxford University Press, Oxford.

Background

The human rights situation under President Kim Jong-Un in the Democratic People’s Republic of Korea (DPRK) has remained dire due to the government’s unwillingness to yield to the recommendations by the United Nations (UN) Human Rights Council’s Commission of Inquiry writing on a similar theme (United Nations Human Rights: Report of the Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea 2013).

The oligarchy that characterizes the rule in the war-ravaged country has systematically denied the citizens of North Korea their basic freedoms and nourishments. The government of the day does not tolerate pluralism and divergent opinions, which are the hallmark of any society.

Today, the world fears that if this situation persists, then North Korean will continue to sink under humanitarian crisis that might spill over to other parts of the world (World Report 2015: North Korea 2015). A Commission of Inquiry chaired by retired Australian judge Michael Kirby, deliberated on the North Korean crises and found that the government of North Korea is responsible for systematic human right violations at a scale unprecedented in history of human conflicts.

The North Korean crises

Among the atrocities committed against humanity includes mass execution, forced evictions, sectarian violence, enslavement, torture, forced labor, and rape of both women and children. While the North Korea government previously consented to key international human rights treaties, Green, Cha, and Johnson (2013) note that the government of President Kim Jong-Un is yet ratify these treaties in rights protections pact.

However, as things stand now, the government of North Korea leads in the league of the repressing nations in the world. Today, political and civil rights activism is nonexistent in North Korea since the government strictly prohibits any form of political and social activities in the region.

According to United Nations Human Rights: Report of the Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea (2013), the civil society organizations and even trade unions died long time ago owing to the regimes high handedness on public participation. The independent media and religious freedoms mainly have systematically put out their existence, as these are viewed proponents of change.

The citizens as observed Green, Cha, and Johnson (2013) are withdrawn as they face severe consequences for being in possession of uncensored literature material from foreign media and other media platforms within and outside North Korea. The government views the citizens who seek to assert their rights as being defiant to the supreme leader Kim Jong-Un and his ruling elite (United Nations Human Rights: Report of the Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea 2013).

Individuals who hold contrary opinion to the established rule face arbitrary arrest, torture, and detention without trial. As the World must act on North Korea rights abuse, says UN report (2014) notes, President Kim Jong-Un regime is a terror squad that effectively enslaves the citizens, including women and children in concentrated camps and other detention facilities with deplorable conditions that end their lives indiscriminately.

According to Ji (2011), the right to freedom of life is a choice that rests with the ruling elite (p. 54). There is total collapse of social order and the rule of law in President Kim Jong-Un reign of terror. Responding to these increased humanitarian concerns, the United Nation’s Human Rights Council presented their findings to the Secretary-General to consider many options, including:

1. Reaching out to the current regime to reform the justice system and to consider abolishing the vaguely worded dictum “anti-state” to those holding a divergent opinion, this will enhance a judicious trial procedure for suspects
2. There should be a rigorous reform agenda: Such reforms, as United Nations Human Rights: Report of the Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea (2013) notes, should outsource the contributions of an independent and impartial judiciary to overhaul the country’s judicial structure. There is need to forge ties with the Korean government to make the regime see the sense of introducing multiparty political system that would usher-in elected representatives of the people in a free and fair democratic elections.
3. There is urgent need to reform the security structure of North Korea by instituting a rigorous vetting process within the military and police forces.
4. The nation should adopt an independent boundaries, election, and constitutional reform team assisted by expatriates to guide the process of constitutionalism
5. There is a need to consider sanctions for non-commitment on the above recommendations (World Report 2015: North Korea 2015)

For your consideration(s), the present briefing advances both the advantages and the disadvantages of the options and recommendations regarding the ongoing Human Rights violation in the Democratic People’s Republic of Korea (DPRK)

Options for consideration

1. Declare and implement effective process that would ensure cessation hostilities in North Korea. There is need to renounce the orders of shoot to kill, arbitrary detention, execution, imprisonment and torture in cases of individuals perceived to be enemies of state
2. Abolish the arbitrary prohibition on foreign travel imposed on ordinary citizens that seek political asylum in other countries. There is urgent need introduce border regulations that conform to the international standards to decriminalize illegal border crossings by ordinary citizens
3. Institute a prosecution mechanism against persons who bear the greatest blame for crimes against humanity in North Korea. There is a need to appoint a special tribunal to bring to justice all the perpetrators of crimes against humanity in North Korea to sound a warning to bad governance in North Korea and elsewhere. There is need to effectively give reparation and remedies to families and populations subdued by the unjust systems.
4. There is urgent need to take immediate steps to terminate all other human rights violations in North Korea to give hope to the populations living in the region (Bennett 2013, p. 18). Address the human rights concerns that the commission raised in the present report, including the capacity to revisit those mentioned in the successive resolutions of the General Assembly. Where possible, the Chair should seek international guidance and support from the Security Council to stem provisional justice procedures in the region.
5. Refer the matter to the ICC and declare sanctions whenever all or key options fail. The Security Council has within its mandate to refer the situation in the region to the International Criminal Court (ICC) as per the Rome Statute (Senguptadec 2014). The Security Council has a mandate to adopt sanctions against the government of North Korea to deprive it of international community’s rapport until it yields to the commission’s recommendations.

Recommendations

1. In the light of the anticipated social-economic consequences to the civil community, the commission must not support sanctions. The effects of imposing sanctions, according to Manyin and Nikitin (2014), would trickle down to the general populations already deprived of their livelihood in the Democratic People’s Republic of Korea (p. 14).
2. United Nations General Assembly has within its mandate to step-up North Korea’s human rights monitoring watch and reporting mechanisms to focus on ensuring accountability in the concept of governance, especially in areas that concerns crimes against humanity. Moreover, the reports arrived at should be effective on the implementation to bring about rapid normalcy in the region.

References

Bennett, B. 2013, Preparing for the Possibility of a North Korean Collapse, Rand Corporation, Washington DC.

Green, M., Cha, V. & Johnson, C. 2013, How to stop the North Korea madness. Web.

Ji, Y. 2011, ‘Multilateral Solution for North Korean Refugee Settlement What American Policymakers Can Learn from the Indochinese Refugee Crisis’, Journal of International Law and International Relations, vol. 6, no. 2, pp. 53-82.

Manyin, N., & Nikitin, M. 2014, Congressional Research Service: Foreign Assistance to North Korea. Web.

Senguptadec, S. 2014, United Nations Security Council Examines North Korea’s Human Rights. Web.

United Nations Human Rights: Report of the Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea, 2013. Web.

World must act on North Korea rights abuse, says UN report, 2014. Web.

World Report 2015: North Korea, 2015. Web.

Introduction

The killing of unborn babies because of genetic disability can never be justified. People who procure abortion because their unborn children have body defects should elucidate the motive behind going for genetic screening. The negative outcome of genetic screening also indicate that either of the parents had a recessive gene for disability. In that case, a parent should think deeply before making a decision to murder an unborn child.

This paper avoids discussions about the legality or illegality of abortion. The author is opposed to abortion on the grounds of genetic disability because parents sometimes make illegitimate decisions. The proponents and opponents of abortion have strong discussion points.

The compelling views in support of the termination of developing foetus on the grounds of genetic disability are unimportant and the author takes a stance that the action is unjustifiable because people with disability enjoy human rights and that disability does not connote inability.

Background

Presently, technological sophistication makes it promising to discover abnormalities in unborn children. Expectant mothers undertake routine prenatal screening and testing. The widespread screening procedures can discover disabilities associated with genes on unborn babies (Johnstone 89). The mothers of such children normally have the option of delivering their disabled babies and caring for them for the rest of their lives or murdering them. However, expectant women sometimes use screening results to justify abortion.

Genetic disability is not justification for abortion

Sadly, some 54,559, 615 Americans have not lived to pursue their life opportunities since 1973 through to 2011 because their lives were terminated through abortion (Minnesota Citizens Concerned for Life). This is an indication that abortion should not continue based on insubstantial grounds. Aborting unborn children because of genetic disability is similar to approving eugenics.

The reasons why terminating a foetus is unjustifiable supersedes any other compelling debate. A foetus is a life and terminating its development amounts to manslaughter (Shafer-Landau 442). The psychological and physical results of abortion are simply unbearable. Women suffer traumatic nightmares when the bloody babies they aborted cry and call them as they sleep. Women feel worthless and depressed for negating motherly responsibilities (Orshan 28).

Proponents Argument

Abortion advocates suggest that unborn children are not alive until their delivery and aborting them is not murderous. For them, procuring abortion has nothing to do with discrimination of the disabled child. However, mothers have rights to negate nurturing disabled children (Johnstone 89).

Furthermore, the right of the mother supersedes that of the unborn child. Andrew Imparato, president of the American Association of People with Disabilities is concerned with the thoughts about rights enjoyed by women (Harmon). He observes, “If the response is simply, ‘You all are just anti-women’s-right-to-choose,’ I think that misses some of the important disabilities rights issues that are being raised” (Harmon).

Refutations

Proponents offer farfetched ideas about abortion. Their reasoning that unborn children do not have life is shocking. Unborn babies begin to have life a few months after their formation. They breathe and undertake other physiological activities (Shafer-Landau 446). Proponents must understand that disability is the same notwithstanding whether it is from birth or acquired in the course of life.

Conclusion

The act of terminating life because of disability is one of the most unethical decisions people can make. We must stand up to curtail the violation of the rights of unborn children because the privileges of disabled people are also human rights. We must inform such women that this world has opportunities for everyone and that adoption services exist to help them nurture the babies rather than murder them callously.

Works Cited

Harmon, Amy. “Beyond Row: New technology may complicate the debates over abortion.” The New York Times, 13 May 2007. Web.

Johnstone, David. An Introduction to Disability Studies. New York, NY: Routledge, 2012. Print.

Minnesota Citizens Concerned for Life. United States Abortion Statistics. 2012. Web.

Orshan, Susan. Maternity, Newborn, and Women’s Health Nursing: Comprehensive Care Across the Lifespan. Pennsylvania, PA: Wolters Kluwer/Lippincott Williams & Wilkins, 2008. Print.

Shafer-Landau, Russ. Ethical Theory: An Anthology. Massachusetts, MA: Blackwell, 2007. Print.

Introduction

Malala Yousafzai is a Pakistani human rights activist and the youngest Nobel Peace Prize laureate. The world learned about the girl after a gunman burst into a school bus and shot the girl in the head, thereby avenging her criticism of the Taliban and neglecting the prohibition to attend school. Although Malala’s life is still in jeopardy, she does not stop advocating for girls’ right to education. The activist has established a charity foundation, opened a school for Syrian female refugees, and regularly holds many events to support her ideas. This essay examines how Malala is portrayed in social media and why this young lady is considered hugely influential nowadays.

Articles’ Analysis

To begin with, in the article by Sharon Masige, Malala voiced her opinions on the current situation on female education and also shared her story of becoming an advocate for girls’ rights. Malala stated that “When my right to education was taken away – when my future was taken away from me – I knew that I had to do something” (Masige). Consequently, since her early years, Malala spoke out for the right to educate girls and was even blogging about her experience for BBC. The young activist attributes her motivation to fight for girls’ education rights to her father, Ziauddin, who ran a school for young girls in his country. Thus, the article provides the background of Malala’s success, especially her devotion to deal with such a complex issue as the lack of equal rights for education.

The second article by Isaac Chotiner gave a more in-depth insight into Malala’s life as it includes an interview with the activist icon. The young lady describes how she spends her typical day, deals with negativity, travels with education campaigns, and reinforces women’s rights. Malala also stated that she had no intent to become popular only to “hang out” with the world’s most influential people (Chotiner). As stated by Malala, “I always think about representing the girls who do not have the voice, who do not have the opportunity to go to the stage and speak up for themselves” (Chotiner). Hence, the article mostly concentrates on the activist’s current life and also provides the reason for the girl’s motive to fight for human rights.

It might be claimed that both of the articles emphasize the young lady’s inner strength and perseverance to empower young girls. Thus, these articles, where strong character traits and altruistic intentions of Malala are highlighted, affirm her honorary status as an activist idol. Regarding her powerful character, I must strive to be like Malala in terms of lifestyle, as she makes the world better. The girl sets an example to other adolescents, and her image in the media proves that everyone needs to become civically engaged to ensure total safety and freedom in their communities. Furthermore, it could be seen that the analyzed magazine publications adduce the person’s “success” story: she was a normal girl with the noteworthy aspiration to attain education and empower other girls to fight for their rights. These articles also highlight that “going against the rules” is a social norm nowadays, as, for example, in the Middle East, the common standards are outdated and have an urgency to be reformed. The analyzed magazine publications maintain the hegemonic discourse by showing that a person at any age with any national and cultural background can reach success and become a role model. Malala’s portrayal in the media gives evidence that she deserves fame and respect. Henceforth, such articles in the mainstream media evoke readers’ sympathy and adherence to the described public figure.

Conclusion

Malala is undeniably a hero of the 21^st century, who has risked her life and well-being to fight for human rights. These articles demonstrate that ruining stagnant stigmas and social norms (in Arabic culture, for example) with philanthropic and charitable determination might turn an average person into an inspirational leader.

Works Cited

Chotiner, Isaac. “How Close Should an Activist Icon Get to Power? An Interview with Malala Yousafzai.”The New Yorker. 2019, Web.

Masige, Sharon. “How to Change the World: Lessons from Nobel Peace Prize Laureate Malala Yousafzai.”The CEO Magazine. 2018, Web.

Written by Daniella Schneider, the article “Human Rights Issues in Guantanamo Bay” tackles various issues regarding detention and treatment of prisoners at the Guantanamo Bay. The article examines both political and legal issues surfacing due to the continued detentions. Currently, the prevailing political condition has degraded and gone against laws relating to international and human rights.

This aspect has resulted to in-depth debates on the legality of the detention that has up to date denied more than 660 people the freedom they once enjoyed. However, this move has led to the Federal Government of the United States pronouncing that Guantanamo is in breach of the Geneva Convention that took place in 1949.

The US government appreciates that even though the Taliban and Al-Qaeda are not recognized by the Convention, there have been no attempts to verify the legal rights of those detained, even by means of a tribunal. In the verge of trying and granting detainees their rights, the article examines several conventions, laws, and regulations regarding human rights that have been passed by the international community.

However, there are quite a lot of difficulties surrounding the legal status of these detainees in Guantanamo Bay. Moreover, the US government received strong opposition from the international community when it preferred trial of these detainees through military commission. It is expressed in the article that although the detainees are international criminals, the move by the US to detain them at the Guantanamo Bay is an abuse of international laws on the human rights.

Guantanamo Bay, having been established in 2002, was used by the US as a prison camp where the first victims were some people brought into the custody of the US from Afghanistan and elsewhere. Two years down the line, some international organizations have come up to challenge the legality of such detentions.

For instance, the Amnesty International was the first international body to point out that the detention was against international standards. In 1949, the Geneva Convention was adopted and it provides a framework of dealing with detainees. The convention stipulates that a detainee is subject to humane treatment and should not be punished unless found guilt.

They are detained to restrain them from joining the enemy’s side and laying fresh ambushes. In addition, the convention also stipulates that a detainee shall not wait for trial for more than 3 months. The convention also defines who a detainee is; that is, a member of the armed or militia forces. Although the Al Qaeda is an international criminal group, it does not qualify for a prisoner of war (POW) status.

Therefore, the detention of such members amounts to illegal detention. This element was not the case with the Taliban group as it was once an Afghanistan’s military group. However, the international community was concerned why the US did not use conditions stipulated by the POW to determine whom to detain at the Guantanamo Bay.

Strong opposition by the international community to allow trial by a military judge was to secure recognition of the application of the Convention. Detainees were treated with a lot of cruelty and various articles of the Convention were breached while dealing with detainees. The US defended itself by stating that the detainees had no initial POW status and granting them freedom would compromise the on-going interrogations. The US would hold them for as long as possible to obtain sufficient information.

Various laws relating to the protection of the detainees were evaluated. Under the fourth Geneva Convention, detainees were entitled to protection, although they were not entitled to the POW status. Article 5 of the Convention moved ahead to stipulate that unlawful combatants would be subject to humane treatment and retain their rights of fair and regular trial.

The Al Qaeda fighters would be subject to minimum treatment as stipulated by article 71-76 of the 4^th Convention, while civilians retain their status as civilians. Although the US government breached most of the Convention’s stipulations, it tends to apply it to some extents. For instance, treating detainees as POW and detaining them until the war is over. However, this compliance was seen as a way of silencing the international community.

In accordance with the stipulations laid by the International Covenant on Civil and Political Rights (ICCPR), the US had breached two of the human rights. For instance, the US treated detainees with a lot of inhumanity and declined to any legal mechanism in dealing with victims. Under this convention, detainees were subject to a fair trial as stipulated by Article 9. Article 7 of the same Convention prohibits torture and inhumane treatment.

However, applications by the US to have detainees tried through a military commission were criticized by the international community. It was seen to breach provisions of both Conventions stipulated above. Arguably, detainees would not argue for justification of their detention due to the existence of stringent conditions within a military court. The US defended this move by stating that it would take quite a long time for the standard courts to rule of the case of detainees.

Introduction

Human rights NGOs are private associations that engage in the promotion and protection of human rights. Various NGOs around the globe have dedicated their efforts towards the protection of human rights and elimination of human rights abuses.

These NGOs have been on the forefront in monitoring the activities of governments and mounting pressure on the governments, forcing them to adhere to human rights tenets¹. This paper will establish when and how human rights NGOs become most effective. Essentially, the NGOs intervene whenever there is a perceived violation of human right principles.

Human rights and NGOs

The nongovernmental organizations play a critical role in governance issues across the world. In the world today, there are numerous international human rights treaties which stipulate the obligations of states, and the rights of the citizens in these states and beyond².

Despite this, the civil society has continued to play a fundamental role in helping the establishment of a strong and operational human rights system in various countries across the world. The NGOs engage in various activities including the collection of critical data and offering advisory services to victims of human rights abuses.

Also, the NGOs take it upon themselves to file complaints in regard to observed weaknesses in state agencies. At times, the NGOs may support legal cases that are brought before national, regional, and international conventions and courts³.

In the case of a national context, political tension is most likely to arise between the NGOs and the government. The assertions put forward by Peter R. Baehr on international NGOs also apply to the human rights NGOs at the national and regional levels.

He asserted that: “despite the abundance of non-governmental human rights organizations, little is actually known about their effectiveness or impact, except for the fact that they tend to rely on what is commonly known as the ‘mobilization of shame’”⁴.

Amnesty International (AI) has played a leading role in enhancing human rights across the world. AI conducts research and come up with an action plan aimed at preventing and eliminating human right abuses. It also demands for justice to victims of human rights abuses⁵. AI was formed in 1961 by individuals who wanted to oversee the implementation of the human rights across the world.

Since its formation, AI has been more interested in the suffering of people who have been killed, subjected to torture, and incarcerated due to political reasons.

In the recent past, AI has started focusing on the general human rights protection; this is achieved through legal redress and mounting of public pressure from the international community. Following the formation of AI, there have been notable improvements in cultivating norms and behavior that is in line with human right principles⁶.

When and how NGOs effectively executes their duties

NGOs are forced to swing into action when human rights are perceived to have been violated specifically due to political reasons. A good example is the case of Joelito Filartiga, whose 17 year old son was subjected to torture and eventually killed for political reasons in Paraguay⁷. The NGOs also intervene when there is need to educate the public and share information regarding what is happening on the ground in areas hit by conflicts.

B’Tselem is one of the NGOs that have been involved in this kind of work by letting the world know about what is happening in the Middle East conflict⁸. When technical analysis of the human rights violation is needed, NGOs play a critical role in explaining the history, details, and demographic analysis of the situation⁹.

The NGOs also get involved in matters of human rights when there is need to influence public policy. This can be achieved through lobbying and advocacy¹⁰.

There are certain aspects that make human rights organizations to become more effective. In this case, the human rights NGOs have to be accountable on how they run their affairs. Also, for the human rights NGOs to be effective, their officials must have well defined office terms. It has been observed that long and renewable terms for office bearers are the most appropriate.

The office bearers should also be presented with sufficient remuneration. This guarantees integrity and independence of the human rights officials. Effectiveness of the human rights officials is also enhanced by the ability to avoid conflict of interest. In this case, the officials of the human rights NGOs have to solely dedicate themselves to serving the interests of the organization¹¹.

These organizations also improve on their effectiveness when their officials are granted immunity from litigation that may arise from actions taken in their official capacity. The NGOs can also improve on their effectiveness when they cooperate with other organizations at the international level.

This reinforces their independence and effectiveness. It has also to be noted that financial independence, adequate resources and staffing enhance the effectiveness of the human rights NGOs¹².

One of the fundamental roles played by human rights NGOs is monitoring human rights abuses. When individuals are subjected to unnecessary torture or even killed due to political reasons, the human rights NGOs step in to demand for justice and an end to the uncalled for sufferings.

The AI has been effective in this aspect as it has been engaged in demanding for an end to human rights violations mostly carried out by agents of the state¹³. The NGOs have also played the role of educating the public and sharing information related to human rights aspects. Such NGOs aim at providing the public with a basis from which an action can be taken and decisions made.

In this case, the people concerned are provided with information so that they cannot blame ignorance for their actions¹⁴. The NGOs also engage in technical analysis of the human rights violations. Addressing the violations of human rights “requires an assessment of how, how much and why human freedoms are curtailed or condemned”¹⁵.

In some cases, NGOs influence public policy through political lobbying and advocacy. This is achieved through campaigns of persuasion and exerting pressure on the government or private groups and corporations seen to be violating human rights¹⁶. The NGOs have also been engaged in building solidarity in an effort to enhance human rights across the world.

In this case, they advance sympathetic concerns for the causes and concerns of others in relation to human rights¹⁷. In the recent past, it has been noted that many people have been displaced from their homes due to armed conflicts. The NGOs have come to the rescue of these victims through the provision and facilitation of service and humanitarian relief¹⁸.

Lastly, through litigation, the NGOs have been able to advance the protection of individuals from human rights violations. All this has been applied by the NGOs to effectively achieve their objective of enhancing human rights.

Conclusion

It can be observed that the NGOs have played a significant role in enhancing human rights around the world. The NGOs often step in when human rights abuses and violations have been noted and the victims ignored. These NGOs engage in various activities and actions to effectively address the violation of human rights that is experienced in various states.

Bibliography

Baehr, Peter, R. Non-Governmental Human Rights Organizations in International Relations. Houndsmill: Pallgrave Macmillan, 2009.

Clark, Ann, Marie. Diplomacy of Conscience: Amnesty International in International Politics. 2001. Web.

Claude, Richard, Pierre and Burns, H. Weston. Human rights in the world community: issues and action. Philadelphia: University of Pennsylvania Press, 2006.

International Council on Human Rights Policy. Assessing the Effectiveness of National Human Rights Institutions. 2005. Web.

Welch, Claude, E. ed. NGOs and Human Rights. Promise and Performance. Philadelphia: University of Pennsylvania Press, 2001.

Footnotes

1. Claude E. Welch, ed., NGOs and Human Rights. Promise and Performance. Philadelphia: University of Pennsylvania Press, 2001, p 54.
2. Peter R. Baehr, Non-Governmental Human Rights Organizations in International Relations, Houndsmill: Pallgrave Macmillan, 2009, p 120.
3. Claude E. Welch, ed., NGOs and Human Rights. Promise and Performance. Philadelphia: University of Pennsylvania Press, 2001, p 62.
4. Peter R. Baehr, Non-Governmental Human Rights Organizations in International Relations, Houndsmill: Pallgrave Macmillan, 2009, p 123.
5. Ann Marie Clark. Diplomacy of Conscience: Amnesty International in International Politics. 2001.
6. Ibid, para 2.
7. Richard Pierre Claude and Burns H Weston. Human rights in the world community: issues and action. Philadelphia: University of Pennsylvania Press, 2006, p 425.
8. Ibid, p 426.
9. Ibid, p 428.
10. Ibid, p 429.
11. International Council on Human Rights Policy. Assessing the Effectiveness of National Human Rights Institutions. 2005.
12. Ibid.
13. Richard Pierre Claude and Burns H Weston. Human rights in the world community: issues and action. Philadelphia: University of Pennsylvania Press, 2006, p 425.
14. Ibid, p 427.
15. Richard Pierre Claude and Burns H Weston. Human rights in the world community: issues and action. Philadelphia: University of Pennsylvania Press, 2006, p 428.
16. Ibid, p 429.
17. Ibid, p 430.
18. Ibid, p 431.