Showing posts with label legal advice uk. Show all posts
Showing posts with label legal advice uk. Show all posts

Sunday, January 6, 2019

How to Define Optional Protocol, The Convention and the Declaration of Human Rights

Different countries have different types of violations of the rights of individuals and effective treatment in the courts, it is necessary to understand the definition of the Optional Protocol, the Convention and the Declaration of Human Rights. Many people get confused when they understand these resources related to rights. As a student in the University Diploma in Rights, I summarized what resources are related to human rights.

The issues of rights and remedies related to the Optional Protocol, the Convention and the declaration have been different in the various documents of the United Nations and author of books on rights. To understand the resources associated with human rights, the UN documents of adhesion to the article, the Charter, the Declaration, the depositary and the entry into force of the individual rights clause must be included. It must include the Optional Protocol, the instruments of ratification, the preparation and execution of human rights, etc.

Adoption of human rights: 

It refers to the formal act of the rights of people through which the form and content of a text of the draft contract is drawn up. Individual rights treaties negotiated within an international organization such as the United Nations are generally adopted by resolution of a representative body of the organization whose membership corresponds more or less to potential participation in the regulation in question (Organization of the General Assembly of the United Nations, for example).

Charter of Rights:

It is used for particularly formal and solemn instruments of individual rights, as an agreement founded as an international organization such as the United Nations.

Convention of Human Rights: 

This is a formal agreement between the states. The Covenant of individual rights is synonymous with the generic term of the rights treaty. The pact of individual rights is generally open to the participation of the international community as a whole or of a large number of countries. they are entitled to the Convention on Personal Rights (the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations in 1989).
Declaration of Human Rights:

Article Source: http://EzineArticles.com/4915061

Declaration of Human Rights: 

The bill of rights is used for several international instruments. The international law of individual human declarations that are not legally binding is often deliberately chosen to suggest that the parties did not intend to create binding obligations, but simply wanted to declare certain aspirations. However, while the Universal Declaration of Human Rights of 1948, for example, did not have the original intention of being legally binding, individual rights have been legally acquired as the customary law of the individual man.

Deposit of human rights

Declaration of Human Rights:

Article Source: http://EzineArticles.com/4915061
Deposit of human rights


 After agreement was reached on issues of rights, written instruments that provide formal evidence of consent by a State to be bound are placed in the custody of a guardian. The text of the Convention on the Rights of the Child and the Individual Rights of the Optional Protocols designated the Secretary General of the United Nations as Depositary. The human rights presentation must accept all notices and documents related to individual rights treaties, to examine if the formal conditions are met, deposit, register the contract and inform all interested parties of the relevant acts.

Optional Protocol on the Rights of Man: 

 As an option, the "Memorandum of Rights" is an instrument used for other legal rights that supplements and adds to an agreement. An optional protocol on rights can be on any issue related to the establishment of individual rights of origin and is used to treat or something else in the original regulations in response to the concern of a new or emerging or add a procedure for the operation and the implementation of the Treaty, such as adding a procedure for individual complaints.


The Optional Protocol on individual rights is "optional" because it does not automatically link countries that have already ratified the original regulations. The countries must independently or ratify a protocol. The Optional Protocol on individual rights in the Convention on the Rights of the Child on the involvement of children in armed conflict and the sale of children, child prostitution and the use of children in pornography.


Universal Declaration of Human Rights

Looking forward to the inauguration of a new president of the United Kingdom, I began to think about what kind of world we want to create and the initiatives we must take to make that vision a reality.From my point of view, it seemed logical that guaranteeing basic human rights for everyone on the planet must happen first. But the issue of human rights is quite broad in its nature, and I wondered if the definition of human rights of all was the same. While the discussion went on for thousands of years, my research led me to a fairly recent definition, one that was accepted by world leaders after the Second World War and shortly after the birth of the United Nations.

United Nations Sixty-Three Years Hence:

 Founded in 1945 with only 51 original members, the United Nations has grown to include 192 members and has been involved in a long list of international situations during that time. Peacekeeping forces have operated in many countries, witnessing innumerable acts of violence and dealing with the extremes of poverty, social injustice and hunger. Although it provides a positive influence in these areas of conflict, the UN has had mixed success in its charter to maintain peace.

In anticipating the inauguration of a new president of the United States, I began to think about what kind of world we want to create and the initiatives we must take to make that vision a reality.

From my point of view, it seemed logical that guaranteeing basic human rights for everyone on the planet must happen first. But the issue of human rights is quite broad in its nature, and I wondered if the definition of human rights of all was the same. While the discussion went on for thousands of years, my research led me to a fairly recent definition, one that was accepted by world leaders after the Second World War and shortly after the birth of the United Nations.


Founded in 1945 with only 51 original members, the United Nations has grown to include 192 members and has been involved in a long list of international situations during that time. Peacekeeping forces have operated in many countries, witnessing innumerable acts of violence and dealing with the extremes of poverty, social injustice and hunger. Although it provides a positive influence in these areas of conflict, the UN has had mixed success in its charter to maintain peace.
  • Angola
  • Bosnia
  • Cambodia
  • Democratic Republic of Cargo
  • Croatia
  • El salvader
  • Gautemala
  • Haiti
  • Iran
  • Iraq
  • Kuwait
  • Lebanon
  • Rwanda
  • Somalia 
Much has changed since 1945. Millions of people have died in innumerable conflicts, 80 nations that have once under colonial rule gained their independence and joined the UN, while other countries were born and their borders redesigned. The disappearance of the USSR greatly altered the landscape of that region.
  • Armenia
  • Azerbaijan
  • Belarus
  • Estonia
  • Georgia
  • Kazakistan
  •  Kyrgyzstan
  • Latvia
  • Lithuania
  • Moldova
  • Russia 
  • Tajikistan 
  • Ukraine 
  • Uzbekistan 

A historical perspective of human rights

Most scholars consider that the Magna Carta (in Latin "Great Letter"), signed in England in 1215, is the forerunner of the legal guarantees that exist today. King John of England, under the strong pressure of the rebellious nobles, granted all free Englishmen certain rights "so that they and their heirs may have them and keep them ... forever." At that time in history, very few people in England were considered free men, but it was a step in the right direction. Before the Magna Carta, any provision for human rights was at the behest of the occasional benign ruler of the land.

Most of the time, rulers were prone to oppress their people using arbitrary authority that was only challenged when others wanted to take the same powers for themselves. The efforts of the peasants to gain more economic freedom were ruthlessly suppressed. To this day, in many lands, people who openly criticize government policy are imprisoned or executed.

 Struggle for Freedom:

When the American colonists began their struggle for freedom, in reality they only wanted the same basic rights that the English believed they had been guaranteed since 1689. Only after repeated attempts to reassert themselves was independence proclaimed, maintaining in the process that "All Men are created equal, who are endowed by their Creator with certain inalienable rights, which include Life, Freedom and the Search for Happiness. "

The purpose of the government is to "guarantee these rights." wrote Thomas Jefferson. In its description of basic rights and its superior source, a concept that had existed since the times of ancient Greece and Rome, that of natural law, superior to any law conceived by humanity, was included. It could be expected that a country based on these basic principles would include them in its basic laws and it did so. Since the beginning of its history as a nation, the supreme law of the United States has been its Constitution, not the authority of any person.

Freedom of Religion:


Shortly after American independence was achieved, it was France's turn. While England and its American colonies had spent two centuries experimenting with a democratic government, France remained true to old ways, preserving one of the most authoritarian monarchies in the world. When the change arrived in France after 1789, it was sudden and violent. Although France suffered several disorders in the 1790s, until the republic was overthrown by Napoleon in the early 1800s, it maintained a "declaration of rights of man.He also affirmed some of the same guarantees as those granted to American citizens, such as freedom of religion, freedom of expression and the right to property.

Fast forward to the 20th century. After the Second World War, several people tried to put the human race once and for all in a course that would guarantee all men their human rights. First they founded the United Nations in an effort to create a forum where different countries could resolve their differences. The people who created the UN knew that human rights were an essential element of world peace and formed a commission under the supervision of Eleanor Roosevelt to produce the Universal Declaration of Human Rights. When it was ratified, it contained 30 provisions that all governments would share in common. The member nations subscribed easily.

Human Rights Movement:

It would be a mistake to dismiss the human rights movement that emerged after the Second World War by pointing out too frequent cases of human rights violations. There have been many triumphs when men have defended their human rights. For example, racial minorities in the United States through the leadership of Martin Luther King and others gained considerable respect for their rights, an example that is repeated in other parts of the world. The colonial empires that divided the world in 1948 and denied the right of self-determination to millions have been greatly reduced, beginning with India under the leadership of Gandhi.

The question remains, however, how human rights become a reality for all? Part of the answer is that an understanding of human rights must permeate our culture. Youth for Human Rights International provides educational materials in the main languages of the world so that all people can have access to knowledge of their basic human rights, and in this sense it is a positive route towards a world that recognizes the dignity of all humanity.

Tuesday, December 25, 2018

Human Rights and Democracy

Democracy:

 In fact, the connotation of the word "Democracy" itself has undergone great changes from the earliest times to the present. For the purposes of this article, we will limit ourselves to the generally accepted modern use of the Western liberal approach. In a similar way, the 'Rights' acquired, conferred or claimed of divine origin - have many attributes. Here we will also follow what has been the outstanding contribution of the gift of British parliamentary evolution to all humanity, once again fueled by such great nights of history as the French Revolution, the War of Independence of the United States, the liberalism of different nuances up The claims of the proletarian revolution, the Afro-Asian-Latin American resurgence and the traditions of the modern democratic states in general, that by mutual consent among the governed of the government, at least in theory have accepted certain rights as indispensable for the functioning of the state.

Human Rights:

The postulate of human rights, therefore, the attitude of the people that would allow them to combine the values of the past with the elements of the contemporary world, wherever good things can be absorbed. They would be embedded in the basic structure of the constitution as rights to be enjoyed by the people.

Unity of mankind:

Today's world presents in large part a different image than it was at the beginning of the 20th century. Enormous and incredible changes produced in various facets of life due to scientific progress have touched lives on all continents, albeit in different shades. Similarly, information about other people's way of life now instantly reaches all parts of the world, providing a field of action for reaction, assimilation, adoption or adaptation. The man seems to be really moving towards the common goal of "One World," a very distant but different perspective from a Tamil bard he had said several hundred years ago: "The whole world is mine, they are all my brothers"
The economic prospects of globalization not only of trade and commerce, but also of mobility and educational and employment opportunities, the enormous reach of reaching almost all areas of human activity, have led to the globalization of thought about human values. The mere talk about something that is happening in distant parts of the world is over. Along with many great advances in positive developments, the negative thinking that leads to catastrophic events attempted by nihilists, terrorists and anarchists also represents a change for modern states and citizens, not only to protect their narrow domains but to think in terms of global security, growth and prosperity. , sharing and a concern for all humanity, unprecedented in dimensions in previous eras.
 And as the micro will show the way for macro or the micro and macro together to tread cautiously to avoid different forms of violence, it is easier to understand the implications of a well-united individual unit of the modern state to pay attention to the human rights to its citizens, in order to appreciate similar aspirations of people everywhere so that collective protection becomes an inherent starting point for all civilized states to unite to enrich humanity. On the assumption of viable modern states and citizens struggling for harmony and global peace, inevitable interaction between national and international events, we will now focus on human rights in a democratic form of state.

Modern States:

The organization of modern states was not an easy task. Even in the past and medieval times, the monarchy or any other type of government implied the use of force to create, sustain and, often, expand the rule of the state. 

The philosophers from the time of Socrates to Bertrand Russell in modern times have insisted a lot on the consent of the governed, the participation of the governed, the opportunities of the governed, the extension of the reach of the governed in the process of 
government for the improvement Individuals and institutions, societies and the world in general.    

Many modern states have tried to incorporate into their political constitutions the noble ideals of different nations so that the benefit of collective wisdom is shared and applied in detail to avoid the difficulties encountered by others.

Religious differences:

Therefore, we are concerned about the problem of a modern democratic state, but we also have to address the problem of religious differences. Because there are many modern states where it is declared that a religion is official. We will assume that we care about those states only to the extent that they grant rights to religious minorities. 

There have been many states paying sympathy towards one religion or another, without really worrying much about the metaphysical needs of the people. We will assume that, in large part, individuals are left to look after themselves without the state bothering them for the pursuit of their religious beliefs. In addition, we have several states that are coming out with the concept of secularism, although the term is interpreted in different ways. For our purposes, this is very important because we are very interested in giving rules for a society with a democratic inclination where rights include the right to practice one's religious inclinations without being bothered by the members of the rest of society or by others. state instruments.

Secularism:

Consequently, we are concerned about a modern, democratic and secular state: this is a contemporary issue. A few words about modernism would not be out of place. Here we refer largely to the socially accepted transition ideals of some antiquated conceptions of the past and the passion to look towards a fresh and rational approach, susceptible to the good changes that come from anywhere without necessarily sacrificing what a people considers as intrinsically indispensable for your need. Protect their cultural or other identities. 

In this sense, secularism not only indicates that the state is not involved with respect to the religious beliefs and practices of the people, but that it would enforce the approach of all members of society, whether in a majority religious or minority environment .
 Secularism would imply that people approach others to form a state, knowing that individuals have the right to hold on to their most precious values.

 Secularism implies that these differences do not affect the progress of the state and its people in general towards the improvement of their material comforts and other cultural activities so that the purpose of uniting, subordinating other variations, is fulfilled. It also encourages all its citizens to understand that the beliefs and behavior of others in the respective religious fields must be respected, appreciated and never ridiculed, denigrated or belittled. Secularism has this great positive impetus to impart, so that harmony is cultivated as a matter, of course, and in relation to the attitude of others.