Essays on Human Rights Law

It is worth mentioning that human rights are fundamental rights to any individual anywhere in the world. The globe is constantly changing and transforming to meet the needs of the increasing globalization and internationalization. In essence, different countries have different sets of human rights. However, there are universal human rights established by international organizations, mostly the United Nations. They are the fundamental freedoms. Such includes the freedoms of speech, religion, association, expression, and the right to life. Everyone is entitled to these rights, and there are disciplinary measures for countries or leaders who commit crimes that violate the fundamental ...

Research Paper

Abstract Armed conflicts, both domestic and international, have used children in combat, either directly-- as soldiers-- or indirectly. Children are preferred by numerous commanders because they are more obedient, more easily persuaded, and more loyal than adults. However, this phenomenon has become a national and global issue because of the physical, emotional, and psychological damages it bring to the children who are involved in combat. The international community has actively addressed the issue through legal actions. The 1949 Geneva Conventions and the 1977 Additional Protocols came into being as part of the efforts of the international community to protect ...

1. While this statement by Kydd and Walter (80) may be true to some extent, it does not hold for all democracies across the globe. For example, the United States has a long standing and unwavering policy that “we don’t negotiate with terrorists” hence whatever the costs of terrorism and the war against terror, some democracies will risk everything to win the fight. However, at the same time, this statement represents the current reality that is gaining ground or momentum in most democracies including the US, to the effect that winning the fight against terrorism requires more than ...

Human Rights and Obligation

There is a sheer need to balance out rights and obligation in the Australian context. Human beings have the basic urge to demand their own rights, but when it come to provide rights to other, the attitude remains indifferent. Citizens should be made aware of the notion that with every kind of benefit, it comes a sense of responsibility. Human rights are the rights inherent to all people equally irrespective of their caste, creed, race, sex, nationality, religion or any other status. Every human being is entitled to human rights without any discrimination. These rights are indivisible, interdependent and ...

Introduction

Lopez Ostra was a Spanish citizen who filed a case before the European Court of Human Rights through the European Commission on human rights. The claimants accused the Spanish government of failing to protect his privacy, home, and family life against pollution from neighboring factories which amounted to a violation of the right to healthy environment and the right to respect the private home and family life. This case was anchored on the responsibility of the state to be held accountable for actions of private entities within its jurisdiction. It is a sophisticated case that was instituted under the ...

In the Case of Dudley Lee v Minister for Correctional Services, the issue on causation and the unlimited liability of the state has been invoked in the arguments that led to the decision of the Constitutional Court to overturn the Supreme Court of Appeal ruling that discharges the respondent Minister for Correctional Services from tort liability. As can be gleaned from the facts of the case, plaintiff Lee was arrested for various charges that led to his detainment in prison for more than four years. He contracted pulmonary tuberculosis (TB) while confined in ...

The concept of state sovereignty affects virtually all principles of contemporary international law. It is impossible to understand the essence and character of the whole system of modern international relations, without the essence of state sovereignty. This concept is an essential legal and political state property. Sovereignty is inherent in any state since its inception. However, its scope does not remain constant, but varies with the development of the state and its participation in international relations and the extent of their obligations. State sovereignty is manifested in its territorial supremacy within the state borders and foreign policy activities in ...

Origins: Transformation of the Pan American Union into the Organization of the American states (OAS).

OAS: The rights of the individual become one of the basic principles of the organization. This commitment is defined by the 1948 declaration on the rights and duties of war.

1959: OAS creates a seven member Inter-American commission of human rights among the OAS member states

1965: OAS scope expanded to accept communications, request information from governments and make recommendations for more effective protection of human rights. Following the European standards the Inter American system has expanded its protections creating the following additional instruments: the 1985 Inter American convention to Prevent and Punish torture; the 1988 Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights; ...