Research Korner: Human Rights Essays

Principles of Good Governance and Human Rights

: Principles of Good Governance and Human Rights I – Recommendations             Due to financial problems of , only one of the two special and important projects may be budgeted for the 2009 fiscal year which are the: new prison facility, with a high security wing, and new hospital, with state of the art maternity ward.             In order to come-up with the decision, it is important to consider the different principles of the good governance as well as the human rights. Furthermore, it will also important to focus on the international obligations of the Sierra Leone. In taking all of the said consideration, the construction of the new building for a new hospital, with a state of the art maternity ward should be prioritized for 2009. II – Analysis             In order to determine which one of the two important projects should be prioritized, as well as to come up with clear decision, it will be important to define the different principles of the good governance as well as its requirements. A. Good Governance             Good governance has 8 important characteristics, it is: participatory, consensus oriented, accountable, transparent, responsive, effective, efficient, equitable, inclusive and it follows the rule of the law. Furthermore, it assures that corruption is minimized, the views of the minorities are taken into account and the voice of the most vulnerable in the society is heard in the process of the decision-making ( 2008).             There are different factors that must be considered in order to call governance a good one. One of this is that, it is important to point out the representative democracy, by informing and considering the participation. In addition, it is also important to consider the transparency, by making sure that the decisions taken as well as their enforcement are being done in a manner that follows rules and regulations, and the information is freely available and directly accessible to those who will be affected by the decisions as well as reinforcement  2008).             In other words, it is important to promote good governance, like fostering public section transparency and accountability in the process by which the decision has been implemented.             A proactive approach in supporting policies as well as the development of the institutions as well as the administrative systems that help to eliminate the opportunity for irregularity activities as well as fraudulent activities in the management of the public resource has to be implemented. Furthermore, it is also important to point out that an enhanced and improved partnership and association with other national institutions, particularly, the of , in order to make sure that the building and other aspects of the hospital and state-of-the-art facilities will be used to the fullest. Furthermore, it will help to promote the better use of the complementary areas of expertise.                         Above all, it is vital and significant to ensure the sustainable human development that actions must be taken to the work towards the respect of the principles of good governance, in order to make it reality. B. Reliability, Predictability and the Rule of Law             The rule of law pertains on the fair legal framework that implemented and imposed impartially. Furthermore, it focuses on the full protection of the human rights, the minorities, in particular ( 2008).             On the other hand, reliability and predictability does not mean that more specific the regulations are better; this is due to the fact that excessive specifications can lead to rigidities and risk of selective application of regulations. Furthermore, interpretation and effective implementation of individual requires a degree of discretion. The said discretion can be counterbalanced by administrative procedure legislation and external reviews of decision such as appeal process, judicial review, ombudsmen etc.             With respect to accountability, it can be both an end in itself, representing democratic values, and a means towards the development of more efficient as well as effective organization. But, accountability can be improve and strengthened by formal reporting requirements as well as the process of extending the scrutiny like independent Audit Office, Ombudsman etc. In essence, accountability and the rule of law require openness as well as good information to the higher levels of the administration, external reviewers as well as the general public can verify performance as well as compliance to law. III – Good Governance and Human Rights             Good governance and human rights develop together (2008). The understanding of good governance as opposed to the mal governance, not only recognizes the principal actors that are involved in the process of governance, they also address themselves to the substance of governance. In other words, governance does not simple equated with the civil service reform or with the application of management strategies devised in the private sector to the public organization. As a replacement, it should be a greater emphasis on the participation, decentralization, accountability as well as the governmental responsiveness, together with the governmental responsiveness and the broader concern, like the social justice and be linked to the human rights.             In order to obtain a maintainable development as well as to respect and promote human rights. In addition, it is important to provide social development. Furthermore, elimination of child death, promotion of women health as well as giving the opportunity to the population and people to have an access to health care, is all vital and important in reaching and achieving the different requirements for the process maintaining development inside Sierra Leone.             Without getting into in dept analysis of data that is not within the scope of this legal opinion it is important to consider the 9,000 number of children that dies every day, furthermore, according to , one of every 10 children dies before the age of five in  That is the reason why, with respect to the maternal mortality, there are different aspects or factors that causes the said number of statistics such as the complication of pregnancy as well as childbirth.             Based on the given statistics and reality, it is important to focus on the   in the process of improving the maternal health, that can help to reduce it by three quarters, between year 1990 to 2015, as well as improving child health and reducing death, at least before the age of five.             The good governance policies that are followed by  as well as its obligations in terms of human rights are the most important factors or aspects that will pushed  to push for the construction of the building for hospital with state-of-the-art maternity ward. Furthermore, the said decision is not just advisable, but also legally sound and considered as following the requirements and characteristics of good governance. IV – Conclusion             During the process of adopting and applying the approach of community-based development, it is important to focus the development on the side of the people. In case of Sierra Leone, it will be important to choose the said project, rather than the new prison facility, with the high security wing. By applying the said decision, it will not only help to encourage and support the health of the people, but also help the promotion of the prosperity of the country, by having more healthy people, by the process of assisting the process of eliminating the child death by the use of the state-of-the-art maternity ward.             Furthermore, the said decision will also focus in the different characteristics of human rights and good governance. The real meaning of human rights focuses on the needs of good environment that will encourage respect as well as dignity. The said objective can be achieve by good governance, primarily, the application of the 8 important characteristics of good governance in the process of decision-making in policies, as well as actions that will not only empower, but also assist the people of Sierra Leonean in living with dignity.             If we are going to look at the situation in the legal perspective, human rights as well as good governance are considered as inseparable and important aspect in decision-making process of any government and organization. On the other hand, it is important to consider that good governance cannot just be achieved and respected, if it is separated with the human rights. Furthermore, human rights cannot also be respected as well as protected and encouraged in maintainable manner without the presence of the good governance. This means that human rights cannot be respected if the public administrative process of the decision-making does not consider and think about the needs and demands of the entire population and the stakeholders, primarily the people of Sierra Leone.             That is the reason why, based on the analysis above, together with the definition and analysis of good governance as well as human rights, and its connection with its obligation in international society, the construction and establishments of the new building for hospital must be prioritized for 2009 budget.

Principles of Good Governance and Human Rights

: Principles of Good Governance and Human Rights I – Recommendations Due to financial problems of , only one of the two s...

Human Rights Violations: A Comparative Analysis Between Developed and Devoping Countries

Human Rights Violations: A Comparative Analysis Between Developed and Devoping Countries   Basic human rights are inalienable requisites of being alive. Human history has defines these rights as the minimum liberties one person and a collective should possess in order to safeguard each and everyone’s dignity and well-being. Today, the governments of the world have all acknowledged these human rights as unassailable. Even as a singular body, many governments have joined forces in securing these human rights for everyone. The United Nations was formed for this very purpose and since its formation has moved to protect each of its members from any violations of human rights. On December 10, 1948, human rights were recognized by the general assembly of the United Nations[1]. Perhaps the most common provisions of this recognition of human rights are one’s right to life, liberty and security of person. However, despite the fact that the aforementioned provisions maybe the most important of all the human rights, these three provisions may be the most violated ones. Despite the authorities’ efforts of preserving these immutable rights, many people and criminal groups are still violating laws made to protect these rights. Perhaps, a factor in this situation is that most countries where violations of these rights occur most have very lenient or somehow incapable forces for coercion to follow the law. Most governments with low financial status would see the problem in ascertaining compliance to laws explained the lack in government funding for armed forces in order to keep potential violators in check. A link with financial standing of these countries and their capability in keeping potential violators in check is predominant in most discourses. Perhaps, the more political term for this situation would point to developing countries. These developing countries, because of their shortage in financial resources would most commonly allocate their meager funds for social services and other economic provisions instead of allotting them to seemingly lost causes such as preservation of human rights. Human rights violations can also be seen as the prominent effect of the most common problems raised in developing countries because of their economic situation. A study shows that the poor standards of living and the scarcity of resources in developing countries result for people to have to fight for their own families and may resort to violence in order to acquire their daily needs. Ethnic diversity in developing countries may be seen as a common cause for societies to make divisions among themselves and seek only to obtain resources for their kinsmen[2]. This may be seen as cause for people to fight over their needs and eventually lead to violence, taking human lives. Another situation in developing countries is the poor state of affairs in the health care and education industry. Deprivation in the population’s education hinders the citizens of being informed of the norms and laws of the state. Although one may presume that most people would actually know the most basic rules of morality, one should still be able to account for the fact that many people who grow up the slum urban areas may have minimal teachings on morality and the social laws. These people may also have the most limitless inhibitions when it comes to acting against the laws. The health care sector is another factor in the destitution of these societies which pushes them to act against the rights of others. In developing countries such as those in the continent of Africa, HIV/ AIDS and other degenerative diseases plague the population. Because of the inadequacy in education, these people are driven to believe that intercourse with virgins will cure men of their sicknesses. This leads to more violations in human rights such as rape and domestic violence[3] against women and children. The incapacity of the government to check the situation and provide better health care and education keeps this depressing trend in the prevalence of HIV / AIDS still in tact until today. In conclusion, one can really see how these factors in the situation of developing countries truly affect and even result to violations in human rights. One actions that can be done about this is to join forces in supporting the governments and authorities in the fight against the violations of human rights.   References Amnesty International 2006, The challenge of upholding human rights in developing countries, Amnesty International Irish Section, Ireland Paust, J., et. al. 2001, Human rights module: on crimes against humanity, genocide, other crimes against human rights and war crimes, Carolina Academic Press, USA United Nations 1948, The universal declaration of human rights, United Nations General Assembly, New York   [1] United Nations 1948, The universal declaration of human rights, United Nations General Assembly, New York [2] Paust, J., et. al. 2001, Human rights module: on crimes against humanity, genocide, other crimes against human rights and war crimes, Carolina Academic Press, USA [3] Amnesty International 2006, The challenge of upholding human rights in developing countries, Amnesty International Irish Section, Ireland

Human Rights Violations: A Comparative Analysis Between Developed and Devoping Countries

Human Rights Violations: A Comparative Analysis Between Developed and Devoping Countries Basic human rights are inalienable requisite...

Human Rights as Liberal Idea

Human Rights as Liberal Idea Introduction The idea that everyone is entitled to have certain human by his humanity or by his virtue is fairly new. This originated from the earlier documents and traditions of many cultures. This also took the change of the 2nd World War to push forward the human rights onto global scenario as well as to the international conscience. The emergence of human rights and its definition had become broader for the following years until the Non Governmental Organization (NGO) enter the human rights scene that played an important role in the issue of international human rights. The idea of human rights is always in our everyday life that can always call for the justice and freedom for the people in the whole world and it is also the beginning of Universal Declaration of Human Rights (Human Rights Resource Center, 2008). For the 21st century, Human Rights can be defined as our way and quality of life> to make them reality, we must be able to remain committed and alert. To make sure that all of the people are connected and belong in the family of human, the creation of Universal Declaration of Human Rights had made for having the indisputable, same and equal rights. The declaration says that all of the human beings are born equal and free in rights and dignity which also shows that that all of the freedoms and rights set forth for the said declaration without any distinction as race, kind, sex, color, birth, political or other opinion, status, religion or property. This also includes the equality, rights to life, and expression equality (Net Aid, 1999).     The Human Rights are Liberal!? The Liberalism is a world view on consciousness. This is also base on the point of view regarding the equality between moral worth and rational capacity (Blau and Moncada, 2005, p. 7-8). The idea regarding Human Rights as Liberal idea is somewhat a straightforward question. Nevertheless, the Human Rights are the existing version of the natural rights as centered by the liberal thought. This only shows that it is liberal due to the fact that it draws up the list of the rights while having the states of discipline. Accordingly, majority of the liberal public intellectual, like Richard Falk and Michael Ignatieff supports the project of human rights. The human rights have released in the broad political practice of political criticism, international judicial decisions, NGO activism, and the military intervention. The public intellectuals also recognized that Human Rights Universal Declaration covered long lists of rights which are excluded in the earlier liberal document. The exemptions are the United States Constitution’s Bill of Rights and the Declaration of Human Rights. They also been added that there are many lists of welfare rights are just the natural extension of the produced near liberty rights. This only signifies that the existing perception of human rights does not set-off in its earlier fundamentals of liberal ideas. However, looking further, the current human rights perception violates the laws and principles of the earlier or traditional natural rights in two separate ways. The first one is re-inventions of the subject as right bearing and not as moral of self willing agent rather as an individual who is needy and needs protection and important interests. The other reason is the re-conceptualization of the open door rights for the political practice paternalistic wherein the third party exercises the rights and not the subject for the rights-bearing himself. These two views emphasizes the earlier thought of liberal regarding the agent of self-moral which is a foundation of the rights and the politics of anti-paternalistic as being connected to the right-bearer view (Gourevitch, 2004, p. 43-45).     The Liberal Conception of Human Rights The traditional liberal political morality is connected to the liberty of individual. According to Locke, the freedom of liberty and man of acting is in accordance to his own will and it is grounded for having the reason and can be able to instruct him in the law so that  he can govern himself and know him of the way it can be left for own will freedom. On the contrary, no all rights are alienable or transferable. One example of which is the right for self-preservation that cannot be alienated wherein the individual is not allowed to give the state the power in killing him and cannot sell himself in the slavery. This means that every individual enter this contract in order to have a better protection and exercise its freedom. This only means that the agency is fundamental and it defines that the capacity of rights0bearing is the end for natural rights protection and for securing the designed of individual liberty. The self-preservation only suggests individual fundamentality. Locke also repeats that the men have the right for the preservation including Drink and Meat and among other things which is also the subsistence of nature. This simplifies that all of the other rights are being derived from the very basic natural rights for the self-preservation. This is then the foundation for liberal case tracing which is through the imprescriptibly rights in the Rights of Man and Citizens’ Declaration as the welfare rights in the Human Rights Universal Declaration. The Locke’s interpretation is not that tight and needs to have further explanations. This is also signifies that man is work of God and the self-principles endorsement is difficult to avoid. Many also reject the idea that the natural rights have the objectives of welfare individually. Kant made a clear judgment regarding the system of right in standing for opposing the principles of happiness. This has the aim of the rights as political morality is for the creation of space inside so that the individual has the freedom to pursue his own ends. Kant also implies that the right is not the only focus for the relationship of the will of the person and other’s desires; rather, it concerns the relationship of the two individuals’ will and desire (Ibid). According to the American Historian Michael Kammen, the liberalism is the independence of every person from the other and their independence from attachments whether from traditional, cultural and communal. This also entails the perspective of human rights in emphasizing equality which only signifies of stressing distinctive human identity as sending out from the different conditions of human. The liberal freedom of tradition has the implication of securing freedom from something else which is secured from the state. As quoted by Isaiah Berlin, the liberal freedoms are sometimes called the negative rights or liberty. The “I” is the center of the self and has the right which the state cannot take away and can constitute for the basis of sovereign self (Blau and Moncada, 2005, p 7-8). In the tradition of liberal, the liberty is important to the rights even from the study of self-preservation. The self-preservation duty has derived from the individual autonomy theory and to the duty of rights and liberty of others. It had also been noted that few of the early liberals did not accept the welfare provision so it cannot conflict the individual’s recognition of equal, free, and independent beings. The grounding idea of rights’ imprescriptibility in the rational thought experiment terms can be expected to have consent on the leans heavily on the reason’s notions and can pronounced as liberalism that came from the rationalist fire of Enlightenment. This argument is important in the individual centrality liberty and in the conception of right. This means that the liberal freedom notion enshrined in the rights can include some choices of notion’s free individuals as can maintain fundamental connection between the liberty and the reason.                                 Implications of Human Rights as Liberal The primary perceptions of human rights as liberal are grounded in the view that the right bearers are considered to be moral agent. He is free to use the rights when he is please but there is a restriction of not to infringe the other’s right and does not violate the certain principles of reasons. The individual is creating his social and moral relations on his own by exercising his rights through contracting, promising, and consenting tyo the various political institutions and private arrangements. To choose is the important matters and not the specific obligations, duties and rights it had been created in relations to the others which are good for him. Within the liberal rights this can give significant political experience of claiming the rights against the state and developing the human rights conception as the theory of political and governmental legitimacy. In the said perspective, it can protect any kind of interest of the individuals while potentially having these rights without the necessary enforcement. In the materialistic approach, in the specific societies that the children can have the right as can be understood on the interest-theory of perspective. This can also ensure that the current political and social arrangements can be grounded in the individual agents’ will. As cited by Hart, rights have must be organized on the basis of voluntarily wherein the individuals ca determine for themselves of taking for their freedom’s constraints and not around the specific good’s conceptions. Since the liberal is for the majority of the indifferent part as for the duty is good for the arising transaction and concerned in the voluntary fashion, then it will ensure the relation of the individuals which are voluntary and not the product of coercion and tradition. The reason for the creation of political institutions as the United Nations is the fact that they can be able to resolve the conflict regarding the millions of hungry people and the mass of humanity that has the duty in providing the foods. If ever the individual encounters troubles as identified the performing his duty and proper rights-holders as an isolated being, the institutions can pool the resources of the individuals in efficient ways then in can help the various duty-bond individuals in performing their duties. These organizations can also make the rights holder in claiming their rights easier and for the protections of human rights. These can also introduce potential problematic way of thinking regarding the political institutions as it can appear moral legitimacy as the duties fulfilled and the political legitimacy as the consensual power authorization. In the liberal viewpoint of will, it can always seek for the identification of the will and the power behind the law, rule, and exercise of the rights and the use of the force. Since, in the interest-theory, it tend to avoid the question of who is the agent exercising and enforcing the subjective right and it enters the choice theory of doing immediately as illuminating the unclear in the interest-theory which is the great service for the liberal. In fair value notion, there is the distinction between the liberty and welfare which can make the minimal security and subsistence on the number of positive duties which can secure the fundamental rights of fair value and this can also signifies a positive duty that is required y the basic rights that can make the rights clear and can be interpreted so that it cab require a broad rang of interventions. From the viewpoint of liberal, the additional virtue of seeing the certain provision of welfare as human rights remedial is focus on the political debate into the effective support of the liberty system. This can also seeks for protecting the rights from losing the distinctive character which is a discourse of the theory and the liberty of the political legitimacy. The human rights follows the tendency inside the liberal thought in taking the political issues out of the public location through “naturalizing” or through the aid of grounding the pre-political “human nature”. This can also tend to lead in the defense of the paternalistic restraints or to the democratic decision idea.  In the element of anti-paternalist, it has and aims of concerning the freedom of informing the liberal theory of the political legitimacy. The liberal thinkers emphasize the institutions that must derive in their authority from the governed will as guarding the individual freedom. Since the Human Rights are grounded to the humanity abstract and is established in the legitimate protects of the said rights, then, this appear naturally as politically moral restrictions. In the theory of political legitimacy, its aim is for grounding the political institutions in the freedom of the individual (Ibid). It had been admitted that the liberalism is the emergence of democracy which seek the present international human rights ideology. It is then useful for the exploring the relationship which exist between the concept of liberalism, the human rights and the political democracy. In the liberal context and understanding, it can protect the citizens in political activities and organizations (Mutua, 2002, p.41).                 Conclusion The liberalism ideas in the paper are only part of the many theories ever written. Personally, I am in favor to the suggestions of the theorists that the liberalism is the fundamental commitment in the liberty of individual while the relationship between the legacy of Enlightenment and the liberal thought cannot be strongly stressed. This is necessary as to illuminate the ways wherein the contemporary conception of the human rights are illiberal as in the practice and in the theory. Some might also encounter an argument regarding to the idea that the current human rights are always liberal. In the arguments regarding the rule of law and the constitutionalism, this can arguably have the innovations for the liberalism and often tended in taking form of the needing sensor so that it can protect the basic rights from the democratic legislations dangers. In the said perspective, the traditional liberal thought can be seen as the human rights claims beyond the arguments or against politics and not the subject for the deliberation of democracy. The contemporary human rights are quite liberal but it also be intensifies to the tendency on naturalizing the political phenomena as well as supporting the certain practices of paternal. This only signifies that the human rights liberal critique is somehow identified as the tension within the liberalism itself. The tension which is covered by individual democracy and liberty can caused conflict in the past and in present liberalism. This also signifies that finding for the prioritization of the liberty and preoccupation with the paternalism in the contemporary liberalism is much easier. This paper has an aim of trying to read the thinkers of natural rights and the high liberals for the establishment of a moral, political, and central discourse of rights. This is just a legitimacy of political theory that has the objectives of grounding the political institutions in the freedom individually. This is more liberalism on its past compared to the present. In the current human rights, it shows that majority of the upper hand in the Human Rights are tendencies of paternalistic and moralistic. These are all the theories regarding Human Rights and the concept of Liberal. Furthermore, the topic is still looking forward fro more topics related and updated ideas regarding the topic.

Human Rights as Liberal Idea

Human Rights as Liberal Idea Introduction The idea that everyone is entitled to have certain human by his humanity or by his virtue is...

Critical Analyze - Human Rights Of People Suffering From AIDS

Human Rights of People Suffering from AIDS   AIDS has been an epidemic  which widely spread all throughout the globe.  Besides the agony that it is brought to the victim, it even  fuels the endless  stigma and discrimination on the people that are HIV positive in every country.  Obviously, it  greatly increases the negative impact associated with the fatal disease. The stigma and discrimination  that goes along with AIDS  is an obvious fact nowadays in every institution  of the society at large.  Well,  the rest of the people in the society have their own personal reason to act that way.  Since AIDS is a contagious disease, and the worst of it all, it can be reason for the death of anyone.  And, if a person will not take extra precautions in dealing with AIDS  victims, they may suffer the same fate.  This is the major reason that  the entire  world is  creating major barriers  in how to  prevent further the infection, as well as in  alleviating the negative  impact of AIDS, so as to provide the adequate care, support and treatment for the AIDS patients. In addition, the  stigmatization and discrimination associates\d  with AIDS Stigmatization associated with AIDS is underpinned by many factors that include the lack of understanding about  the disease, as well as the  misconceptions about how HIV is transmitted  from person to person, so as the lack of access to treatment among the  victims.  Not only that, the  irresponsible dissemination of information by media, implying that  AIDS is incurable, and prejudice and fears relating to a number of socially sensitive issues including sexuality, disease and death, and drug use. All these crucial factors even led to violations of human rights  of these  people.  Apparently, these AIDS victims  more often  are  being deprived of the  right to healthcare, employment, education, so as the right of doing things on their own way among many others.  The truth is the well-being of people living with HIV  is being controlled by the society they are belonged. http://data.unaids.org/publications/irc-pub06/jc999-humrightsviol_en.pdf In this regard, AIDS issue was highlighted by the Declaration of Commitment adopted by the United Nations General Assembly Special Session on HIV/AIDS in June 2001.  The global consensus on the on the importance of tackling AIDS-related stigma and discrimination was being addressed during the Declaration. Foremost, the Declaration announced that the confronting stigma and discrimination is a prerequisite for effective prevention and care, and reafﬁrms that they are both  acts of violating the  human rights of the AIDS victims.  Secondly, it is also necessary to address such discrimination and stigma in order to achieve public health goals and fight against  the epidemic. The negative effects of stigma and discrimination can be seen as one of those many negative responses of the society towards the people with AIDS.  However, the most  helpful way  to help these people is to take voluntary actions  through giving confidential  counseling, as well as   extensive   laboratory  tests  that can prove if a person is positive or  not of AIDS.  If the person is positive,  his or her  HIV's stage must be identified and  medically evaluated without any fear of repercussions. For those who  happen to be test HIV-negative should receive further  prevention counseling  and medical measures in order to stay negative all the time.  The most important part of all, those who test HIV-positive should receive  immediate  treatment and care, and prevention counseling to protect others from infection and themselves from reinfection as well. Moreover, people  with HIV and AIDS  should live in reality with full of positivism outlook in life.  They also must  get compassion, support system  from their families, relatives, friends and within their communities. http://data.unaids.org/publications/irc-pub06/jc999-humrightsviol_en.pdf   HIV-related stigma and discrimination undermine prevention efforts by making people afraid to seek out for the truth and information that can reduce the risks of HIV exposure.   This kind of mentally  and behavior of people should be changed  at this time and age because   it even leads to  the inability of the  HIV or AIDS victims  to protect themselves from further harm.  The fear of stigma and discrimination in the society  also discourages people living with HIV from disclosing their real  health condition to family members and sexual partners. The secrecy that surround HIV infection  is resulted from the fear of stigma and discrimination causes people to imagine that they are not themselves at risk of HIV infection.  These are already  the ways of violating the individual rights of these people; that is even resulting  the  victims of less likely to receive care and support from the  concerned institutions in the communities. This   misconception about HIV and AIDS  even  endanger the life of the entire family such as the spouses, children, and caregivers who suffer stigma and discrimination. This stigma and discrimination needlessly elevates the personal suffering and shame of all the people concerned.  And, these are the main reasons why people living with HIV and AIDS do not  seek treatment, medical assistance from any government agencies because they think that  no one can understand their situation.  The shame  feeling of the patient can have a strong psychological effect on him or her, it makes the person more   vulnerable to blame, depression and self-imposed isolation. http://data.unaids.org/publications/irc-pub06/jc999-humrightsviol_en.pd References: http://data.unaids.org/publications/irc-pub06/jc999-humrightsviol_en.pdf http://www.welovelmc.com/diseases/hivproject.htm

Critical Analyze - Human Rights Of People Suffering From AIDS

Human Rights of People Suffering from AIDS AIDS has been an epidemic which widely spread all throughout the globe. Besides the a...

European and Universal Standards on Human Rights

European and Universal Standards on Human Rights   Introduction               The European Convention on Human Rights was formed in accordance with the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948 with the aim at securing the universal and effective recognition and observance of the Rights as declared.  As with Europe’s consideration on the Universal Standards, most of its provisions on Human Rights are in line with the Universal Standards as declared.                The collective purpose of the European Convention on Human Rights is set for Europe’s common interest in safeguarding democratic security throughout Europe and securing the foundations of an ever closer union among European states.  The convention is also designed to ensure that states respect human rights, the rule of law and the principles of pluralist democracy.  The sole requirement of the organization is the Convention Acceptance as well as the compulsory jurisdiction of the Court and the binding nature of its judgments ( 2001).    Evaluation of European and Universal Standards             In particular, this paper focuses on the right to life and prevention of torture and ill-treatment as one of the provisions in the Human Rights Convention.  There are a number of articles in the European Standards that are apparently based on the Universal Standards on the right to life.                In Article 5 of the Universal Standards stated that; “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment” which the European Standard is also based upon that statement.  It is in the Article 3 in the European Standards that exactly stated that; “No one shall be subjected to torture or to inhuman or degrading treatment or punishment”.  There would be no any question as to the difference between the two Standards as it is obviously the same literally.                 On the other hand, the following statement is the precise declaration of European Standard on Human Rights which will then be compared to that of the Universal Standard. Article 2 1.      Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. 2.      Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary: o         (a) in defense of any person from unlawful violence; o         (b) in order to effect a lawful arrest or to prevent escape of a person lawfully detained; o         (c) in action lawfully taken for the purpose of quelling a riot or insurrection (). The most relevant Article in the Universal Standards to the above-statement would be the Article 11 which states that; Article 11 (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense. (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed ().             The two articles from the two conventions have some difference.  Though it is not apparent, European Standards of Article 2 number 1 correlates with that of Article 11 number 1 of Universal Standards which generally points out on the protection of life by law and the person’s innocence until proven guilty.  Article 2 no. 2 specifies the provision in which a person shall be acquitted from a penal offense basing on the provisions stated; while the Article 11 no. 2 provides the timeframe relevant to the penal offense both locally and internationally.  Literally it would seems like there hasn’t been a noticeable difference but Europe at the time was legalizing death penalty which, on the contrary, against the Universal Standard.  That was the only big difference between the two Standards on Human Rights.  Fortunately, on 2001, the United Nations Commission on Human Rights approved a European Union motion asking countries to halt executions as a step toward the eventual abolition of the death penalty in aligning Europe’s Human Rights Standard to that of the Universal Standards.      Credit:ivythesis.typepad.com

European and Universal Standards on Human Rights

European and Universal Standards on Human Rights Introduction The European Convention on Human Rights was formed in a...

Law

European and Universal Standards on Human Rights   Introduction               The European Convention on Human Rights was formed in accordance with the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948 with the aim at securing the universal and effective recognition and observance of the Rights as declared.  As with Europe’s consideration on the Universal Standards, most of its provisions on Human Rights are in line with the Universal Standards as declared.                The collective purpose of the European Convention on Human Rights is set for Europe’s common interest in safeguarding democratic security throughout Europe and securing the foundations of an ever closer union among European states.  The convention is also designed to ensure that states respect human rights, the rule of law and the principles of pluralist democracy.  The sole requirement of the organization is the Convention Acceptance as well as the compulsory jurisdiction of the Court and the binding nature of its judgments ( 2001).    Evaluation of European and Universal Standards             In particular, this paper focuses on the right to life and prevention of torture and ill-treatment as one of the provisions in the Human Rights Convention.  There are a number of articles in the European Standards that are apparently based on the Universal Standards on the right to life.                In Article 5 of the Universal Standards stated that; “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment” which the European Standard is also based upon that statement.  It is in the Article 3 in the European Standards that exactly stated that; “No one shall be subjected to torture or to inhuman or degrading treatment or punishment”.  There would be no any question as to the difference between the two Standards as it is obviously the same literally.                 On the other hand, the following statement is the precise declaration of European Standard on Human Rights which will then be compared to that of the Universal Standard. Article 2 1.      Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. 2.      Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary: o         (a) in defense of any person from unlawful violence; o         (b) in order to effect a lawful arrest or to prevent escape of a person lawfully detained; o         (c) in action lawfully taken for the purpose of quelling a riot or insurrection The most relevant Article in the Universal Standards to the above-statement would be the Article 11 which states that; Article 11 (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense. (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed             The two articles from the two conventions have some difference.  Though it is not apparent, European Standards of Article 2 number 1 correlates with that of Article 11 number 1 of Universal Standards which generally points out on the protection of life by law and the person’s innocence until proven guilty.  Article 2 no. 2 specifies the provision in which a person shall be acquitted from a penal offense basing on the provisions stated; while the Article 11 no. 2 provides the timeframe relevant to the penal offense both locally and internationally.  Literally it would seems like there hasn’t been a noticeable difference but Europe at the time was legalizing death penalty which, on the contrary, against the Universal Standard.  That was the only big difference between the two Standards on Human Rights.  Fortunately, on 2001, the United Nations Commission on Human Rights approved a European Union motion asking countries to halt executions as a step toward the eventual abolition of the death penalty in aligning Europe’s Human Rights Standard to that of the Universal Standards.      Credit:ivythesis.typepad.com

Law

European and Universal Standards on Human Rights Introduction The European Convention on Human Rights was formed ...