Assignment: Human Rights Essay

Answers for 10 attach questions should be indite deep down 350 450 words. Answers for 8 marks questions should be written within 250 350 words. Answers for 5 mark questions should be writtenwithin 150 200 words. Answers for 2 mark questions should be answered as per the requirement. ___________________________________________________________________ Note Each question carries 10 Marks. Answer all(prenominal) the questions. 1. What be the three parts of the concept of equation? Discuss on sex turningivity Equality. (2 + 8 = 10 marks)2. Describe bio innovation and pagan diversity. (5 + 5 = 10 marks) 3. Explain name 24 of the gathering on the Rights of the Child. (10 marks) 4. Discuss derogable and non-derogable accountability fields. (10 marks)5. Discuss Salmonds views on duties and remediates. (10 marks) 6. Explain bilateral Treaties. (10 marks)1. What atomic round 18 the three parts of the concept of cope withity? Discuss on Gender Equality. (2 + 8 = 10 marks)Three Parts of concept of equality ar as nether.1 Gender Equality2. Economic Equality3. well-disposed EqualityGender EqualityGender equality has been defined by the various world bodies in edges of benignant offices, specially the accountability woman and economic development. Gender equality has been defined by UNCEF as Leaving the playing fields for girls and woman by ensuring that all children stick out equal opportunity to developtheir talent. It has been declargond by the unify Nation Population Fund that woman has right to equality. Gender virtue is one of the goals of the United Nations millennium project the project claims , any private goal is directly related to womans right, and societies where woman atomic number 18 non afforded equal rights as men neer achieved development in sustainable path. In late 19th centuries the suffragette doing started in occidental countries who achieved grammatical gender equality major focus on property rights in marriage, gend er liberation and feminism that go outed in changes made in to the well-groundeditys. straight off movement continued to focus on change in side of lodge on specific issues.That has led to make another changes in police forcea related to anti sex discrimination. It was as well as seen a cultural raise up in the attitude to equality in education opportunity for some(prenominal) boys and girls and also resulted in changes to social view regarding equal pay for equal work for both men and woman. Now it can be seen in so more countries that woman atomic number 18 working in the beas that were originally considered to be mans work equivalent woman atomic number 18 working in Army, police, aviation and fire fighters. It has also been seen that men ar also associated to the work that was meant for woman only. Another change has been seen that in well-nigh countries woman commit stopped taking the surname of her husband. Though these changes argon more common in western countries however lot has to be done in nonwestern countries as far as change in attitude of society towards gender equality. I believe that continuous movement impart definitely help to change the attitude of society towards gender equality 2. Describe biodiversity and cultural diversity. (5 + 5 = 10 marks)BiodiversityIt defines as a degree of variation of life forms within a society or ecosystem. Biodiversity is necessary for existence of healthy ecosystem.In modern world lot of changes in ecosystem is being made by human that is directly affecting in negative to the ecosystem that is resulting in to unbalancing the ecosystem that subsequently lead to extinction of some to many species in longer period of cartridge clip. It has been seen that some species are not existing or extinct from the planet and it can be thought that it was never discovered. Lots of changes are being made in limits of snip the trees, urbanization leads to destroy of forest leading to unbalanced ecosy stem. Efforts are also being made in terms of lots of movement like eco-feminism, social ecology and concept of unity in diversity. Unity in diversity is sanctioned attribute of healthy eco communities.Cultural diversity on that point are so many cultures in planet with different traditions that fundamentally creates cultural diversity. People are popularly understands and learn different cultures and traditions when they picture each other. Lots of multicultural events are organized intra and inter countries fashion that leads to helping throng to understand different cultures and traditions. Sometime it is being seen that people dont believe in the multicultural activities because they are hangdog of losing their identity in form of their culture.Here conflict arise that if diversity is considered as threat to the preservation of ones own tradition. To cross this issue it is important to study these tradition and reexamine the cultural make out to avoide such(prenominal) conflicts this might help in clearing various misconceptions and put up resolution to contemporary conflicts. These studies will help to understand that why cultures and traditions are important for the human existence Every individual or human being should try to understand the cultural diversities in his own society so to region and countries .A person should be beware of adopting any maladaptive institution which is distractive for human psyche itself.3. Explain Article 24 of the Convention on the Rights of the Child. (10 marks) Convention of the rights of child was adopted and opened for signature, ratification and access by general assembly resolution 44/25 of twentieth nov. 1989 and enterd in to force on 2nd sept 1990 in pact with article 45.Overview of the article is as under1. Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. such views shall be readyn into consideration on matters whic h concern them in accord with their age and maturity.2. In all actions relating to children, whether taken by public regime or private institutions, the childs best interests must be a primary consideration.3. Every child shall have the right to note on a regular basis a personal kinship and direct Contact with both his and her parents, unless that is contrary to his or her interests. Article 24 of the convention on the rights of the rights of the child can be explained as addicted below. 1 State parties recognize the right of the child to the enjoyment of the highest getatable standard of health and to facilities for the treatment of illness and rehabilitation of health.State parties shall strive to check up on that no child is deprived of his or her right of access to such health care services. 2. State parties shall persue teeming implementation of this right and shall take appropriate measures A. To diminish child and infant mortalityB . To delay the provision of necess ary medical assistance and health care to all children with emphasis on the development of primary healthcare C. To combat diseases and malnutrition, including within the framework of primary healthcare D To ensure appropriate antenatal and post natal healthcare for mothers. E To develop preventive healthcare, counsel for parents, and family planning education and services. 3. State parties shall tke all effective and appropriate measures with a view to abolish traditional practices prejudicial to the health of children. 4. State parties squeeze to promote and encourage international cooperation with a view to achieving progressively the full realization right know in present article. In this regard, peculiar(prenominal) account shall be taken of the needs of the developing countries4. Discuss derogable and non-derogable rights. (10 marks)When rights are discussed we considered them as absolute and non derogable because of their importance and also because they are so basic in constituting the human worth of the individual. The term non-derogable is generally used in a good context to stipulate those rights specified in a conformity that states cannot violate under any circumstances. These differ from derogable rights.However, there are certain rights that are considered to be non-derogable, meaning that states have no legal basis, even in a state of emergency, to refuse to honour these rights. The right to life and rights protecting against torturing generally fall within this course of study in roughly international human rights treaties and as part of common international equity of nature, although others can be included depending on the conformity in question.There are some rights which are considered to be very ineffable and indispensable and thus no derogation from the is permitted Right to lifeEvery human being has the inherent right to life. This right shall be defend by law. No one shall be arbitrarily deprived of his life. Article 6.1 of the International stipulation on Civil and Political Rights independence from tortureTorture is prohibited under international law and the domestic laws of most countries in the 21st century. It is considered to be a violation of human rights, and is stated to be unacceptable by Article 5 of the UN Universal solvent of Human Rights. independence from knuckle downryFreedom from slavery is an internationally recognized human right. Article 4 of the Universal Declaration of Human Rights states No one shall be held in slavery or servitude slavery and the slave trade shall be prohibited in all their forms.Right to a fair trialEveryone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.* the right to be hear by a competent, independent and impartial tribunal* the right to a public hearing* the right to be heard within a reasonable time* the righ t to counsel* the right to interpretationFreedom of speechFreedom of speech is the immunity to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used. In practice, the right to freedom of speech is not absolute in any plain and the right is commonly subject to limitations, such as on libel, slander, obscenity, aggravation to commit a crime, etc. Freedom of thought, conscience and religionFreedom of religionEveryone has the right to freedom of thought, conscience and religion this right includes freedom to change his religion or belief, and freedom, any alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. Article 18 of the International Covenant on Civil and Political Rights5. Discuss Salmonds views on duties and rights. (10 marks) consort to S almond view A occupation is an obligatory act, which is to avow, it is opposite of which would be a wrong. Every barter has a same right. As example A purchaser has right to buy the products from seller and seller has a certificate of indebtedness to give the products to purchaser. According to Austin, Some duties are absolute. Those do not have a corresponding right. Such as, Not to commit a felo-de-se or craft towards god etc. However, this view is criticizes by Gray, pollock and Salmond. According to a Salmond, There can be no occupation without a right any more than there can be a husband without wife or a parent without a childTypes of Duty healthy duty A legal duty is an act which is opposite of legal wrong & which recognized by the law as duty is called Duty. Violation of this duty can bring up punishment on violator.Moral Duty A good duty is created by nature which is opposite of moral wrong.Sometimes a duty can be both legal & moral. Not to steal is moral & legal duty. At last, we can say that Right have a duty & if the duty cannot be maintain then it will be a Wrong.RightsBy analyzing this view we can say that what is the rule right. The term rule of right means that rule of those act which act is not harmful or conflict to people opinion. like wrongs and duties, are either moral & legal.Moral right is recognized by the rule of morals & violation of this would be a moral wrong and legal right is recognized by the rule of law & violation of this would be a legal wrong.CONCEPT OF MORAL RIGHTMoral rights are rights, which are not contingent upon the laws, customs, or beliefs of a particular society or polity. That means the right which are not recognized by law is called Moral right. As example obeying parents & teacher is moral right but not legal. If someone violate the moral right then there have no punishment or damage for it. The right, which has corresponding moral duty, is also called a moral right. As example, to get extol from the j uniors in age is a moral right of the seniors, which is recognized by the society. On the other hand, the senior has a moral duty to love the juniors, which is also a moral right of the juniors.According to Salmond on Legal rightRight is an interest recognized and protected by rule of right. It is any interest, respect for which is a duty, and the disregard of which is wrong.6. Explain Multilateral Treaties. (10 marks)A multifarious treaty is a written agreement surrounded by three or more sovereign states establishing the rights and obligations amidst the parties. They often result in international conference or gathering of nations done under the auspices of international organizations. Bilateral treaties, by contrast are negotiated in the midst of a limited number of states, most commonly only two, establishing legal rights and obligations between those two states only. The United Nations Convention on the Law of the sea and the Geneva Conventions are the examples of multil ateral treaties. Multilateral treaties lay down general norms of international laws or to deal in a general manner with matters of general concern to other state as well as to the parties to the treaties. Generally multilateral treaties are signed between gatheringings of countries.Major clinical to sign treaty is to ensure smooth exchange of the goods between the group countries that will lead them to develop their economy that in turn will help to increase quality of life of the people. There are more than 500 treaties have been signed between 193 members of United Nations. These treaties can set about a law framework also on the international chopine that will help other non-member and member nations to do trade between them. Generally multilateral treaties are described sometimes as law making treaties but cannot be enforced as a fastidious rule for future agreements or for creating some international institution. Multilateral treaties uncomplete can nor bound non signed m ember to abide by rules unless it creates the usual rule on international law.In this context we can say multilateral treaties can be used for law making but can not be true in any time as it does not bound nonsigned member to go by the treaty law but if treaty has been done between large group and rules made in the treaty are as per the regime of law then it can be used or described as law making treaties but this character in not with every multilateral treaty, example of law making treaty was General accord for Renunciation of war of August 27 1928. It is to be noted that multilateral treaty accepted an enforced by a limited number of states cannot create a general norm of international law. The codification help of international law admits of a widespread agreement upon norms and if this requirement is not fulfilled it is difficult to call that a particular multilateral treaty has created a general norm of international law.