Wars of aggression, war crimes and crimes against humanity, including genocide, are violations of international humanitarian law. Two of the key values at the heart of the idea of human rights are human dignity and equality. Human rights can be understood as defining the basic standards necessary for living in dignity; And their universality results from the fact that, at least in this respect, all peoples are equal. We should not and cannot distinguish between them. These two beliefs or values are really all that is needed to join the idea of human rights, and these beliefs are hardly controversial. That is why human rights are supported by all cultures of the world, all civilized governments and all major religions. It is almost universally accepted that the power of the State cannot be unlimited or arbitrary; it must be limited at least to the extent that all persons within their field of competence can live with certain minimum requirements of human dignity. The Office of the High Commissioner for Human Rights (OHCHR) is the focal point for United Nations human rights activities. It serves as the secretariat for the Human Rights Council, treaty bodies (committees of experts that monitor compliance with treaties) and other United Nations human rights bodies.
It also carries out activities in the field of human rights. The foundations of this body of legislation are the Charter of the United Nations and the Universal Declaration of Human Rights, which were adopted by the General Assembly in 1945 and 1948 respectively. Since then, the United Nations has gradually extended human rights standards to specific standards for women, children, persons with disabilities, minorities and other vulnerable groups who now have rights that protect them from the discrimination that has long been common in many societies. The African Union (AU) is a supranational union composed of fifty-five African states. [36] The AU was established in 2001 and aims to help ensure Africa`s democracy, human rights and sustainable economy, including by ending intra-African conflicts and creating an effective common market. [37] Article 1 of the UDHR states: “All human beings are born free and equal in dignity and rights.” It is the absence of discrimination provided for in Article 2 that guarantees this equality. Associations, non-governmental organizations, charitable organizations and other civil society initiative groups play an important role in putting pressure on States. This is the topic of the section on activism and the role of NGOs. The role of these associations is particularly relevant for the average man and woman on the street, not only because these associations often take individual cases, but also because they offer ordinary people a way to commit themselves to protecting the human rights of others. After all, these associations are made up of ordinary people! We will also look at how they work to improve human rights and some examples of successful actions. Relativists sometimes accuse human rights defenders of ethnocentrism, arrogance and cultural imperialism (Talbott 2005). Ethnocentrism is the assumption, usually unconsciously, that “one`s own group is the center of everything” and that their beliefs, practices, and norms provide the norms by which other groups are “scaled and evaluated” (Sumner 1906; see also Etinson 2018, who argues that ethnocentrism is better understood as a kind of cultural bias rather than a belief in cultural superiority).
Ethnocentrism can lead to arrogance and intolerance in relations with other countries, ethical systems and religions. Finally, cultural imperialism occurs when the strongest countries economically, technologically and militarily impose their beliefs, values and institutions on the rest of the world. Relativists often combine these accusations with a recipe, namely that tolerance of different practices and traditions should be conveyed and practiced through measures that involve expanded learning about other cultures. The creation of the International Committee of the Red Cross, the Lieber Code of 1864 and the first of the Geneva Conventions of 1864 laid the foundations for international humanitarian law, which was to be developed after the two world wars. These fundamental rights are based on common values such as dignity, fairness, equality, respect and independence. The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948, was the first legal document to establish fundamental human rights that must be universally protected. The UDHR, which turned 70 in 2018, remains the basis of all international human rights law. Its 30 articles contain the principles and constituent elements of current and future human rights conventions, treaties and other legal instruments. In order to meet the needs and rights of individuals at different stages of life, a comprehensive approach must be adopted in the broader context of the promotion of human rights, gender equality and equality. In August 2003, the Sub-Commission on the Promotion and Protection of Human Rights submitted to the Commission on Human Rights draft norms on the responsibility of transnational corporations and other business enterprises with regard to human rights. [79] These were reviewed by the Commission on Human Rights in 2004, but do not have binding status for companies and are not monitored.
[80] In addition, the United Nations` Sustainable Development Goal 10 aims to significantly reduce inequalities by 2030 by promoting appropriate legislation. [81] Human rights are norms designed to protect all peoples, wherever they are, from serious political, legal and social abuses. Examples of human rights include the right to freedom of religion, the right to a fair trial if a crime is alleged, the right not to be tortured and the right to education. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, 1979) emphasizes the discrimination that women are often subjected to in a systematic and routine manner, through “the distinction, exclusion or restriction based on sex that compromises or nullifies the recognition, enjoyment or exercise of women […] in the political, economic, social, cultural, civil or other fields”. (Article 1) States undertake to condemn such discrimination and to take immediate measures to ensure equality. Human rights exist for all of us. So how can we use them? It is clear that their very existence is not enough to put an end to human rights violations, because we all know that they are committed every day, in all parts of the world. So, can they really make a difference? How can we use them? The European Court of Human Rights in Strasbourg is famous for a number of reasons, but perhaps above all because it gives life and meaning to the text of the ECHR. One of its main advantages is the system of compulsory jurisdiction, which means that as soon as a state ratifies or accedes to the ECHR, it automatically submits to the jurisdiction of the European Court of Justice. Human rights proceedings may be instituted against the State Party from the date of ratification.
Another reason for its success is the strength of the Court`s decision. States must comply with the final decision. Their compliance is monitored by the Committee of Ministers of the Council of Europe. In any event brought before the Court of Justice of the European Communities, the procedure also provides for the possibility of an amicable settlement on the basis of mediation between the parties. The Court has been able to evolve over time. When it was founded in 1959, it was only a part-time tribunal that worked with the European Commission of Human Rights. With the increase in the number of cases, a full-time court became necessary, and a court was established in November 1998. This increase in the number of cases is clear evidence of the Court`s success, but this workload also jeopardizes the quality and efficiency of the system. People know that the Court is there and can intervene if they feel that their fundamental rights are being violated; However, the authority and effectiveness of the ECHR at national level should be ensured in accordance with the “subsidiarity principle”, which provides that States are primarily responsible for preventing and remedying human rights violations when they occur. “The right to the highest attainable standard of health” implies a clear set of legal obligations for States to ensure adequate conditions for the enjoyment of health by all without discrimination. “At every stage of history, voices of protest against oppression have been heard; In every era, visions of human liberation have also been overshadowed. On the way to modern times, these voices and visions have been translated into social action programmes and sometimes incorporated into state constitutions.
Micheline R. Ishay The 17th century English philosopher John Locke discussed natural rights in his work, identifying them as “life, liberty and property (property)” and arguing that such fundamental rights could not be abandoned in the social contract. In Britain, in 1689, the English Bill of Rights and the Scottish Claim to Rights each made a series of repressive government measures illegal. [13] In the 18th century, two major revolutions took place, in the United States (1776) and France (1789), which led to the United States Declaration of Independence and the French Declaration of Human and Civil Rights, respectively, both of which articulated certain human rights. In addition, the Virginia Bill of Rights of 1776 enshrined in law a number of basic civil rights and civil liberties. “While the importance of national and regional specificities and different historical, cultural and religious contexts must be taken into account, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms.”