Law Rights and Social Justice

Running head: LAW, RIGHTS AND SOCIAL JUSTICE
Law, Rights and Social Justice
Name of the Student
Name of the University
Author Note

1LAW, RIGHTS AND SOCIAL JUSTICE
The International Human Rights legislation emerged in the 19th century but the
contemporary regime commenced post the Second World War. The Universal Declaration of
Human Rights that was adopted by the UN General Assembly in 1948 purported to respond to
the atrocities of war. Although the human rights regime is a detailed legislature in the demands it
makes upon the nations, however, the influence of the legislation on the conduct of the states
with respect to their treatment towards their nationals is not as extensive as it should have been,
given the elaborative feature of the human rights legislation (Freeman 2017).
Various countries are signatories to the international human rights legislation but again
not every country have ratified their commitments and obligations to providing human rights into
their domestic legislation. Two such countries are Australia and the United States that do not
have their own national Human Rights Charter. Nevertheless, these two countries have sought
to establish their commitment to uphold human rights within their national jurisdiction through
various legislations and policies, ensuring to safeguard the human rights of their respective
nationals.
United States of America
The profound commitment of the country to support the human rights set out in the
Universal Declaration Human Rights is motivated by the founding values of our nation and the
assurance that fundamental freedoms and human rights are protected and respected in the
presence of a strong international peace, prosperity and security (Shelton 2015). The country
commits to promote human rights and freedoms all over the world by addressing the challenges
with a view to fulfill the human rights obligations. In order to promote human rights, the United
States seeks to:

2LAW, RIGHTS AND SOCIAL JUSTICE
 Hold governments responsible for their obligations stipulated under the UDHR norms
and international human rights instruments;
 Promotes the rule of law, change cultures of impunity and look for accountability;
 Coordinates human rights activities with important associates including regional
organizations and EU;
Although, international human rights law provides an essential framework for ensuring the
rights of all people in every countries but human rights standards does not become enforceable in
the United States unless and until they are implemented through state, local and/or federal law.
International treaties define the rights in general context and the international courts and the
monitoring procedure lacks ability to make their decisions become enforceable in the United
States. Since the utmost capacity for protection lies in the context of domestic law, hence, one of
the most appropriate ways to improve the human rights in the United States is to strengthen
domestic legal protections for human rights (Smith 2016). The domestic legislations shall pass
laws that recognizes such rights and ensure the implementation of such human rights by the US
courts and US government assuring such laws are consistent with international standards.
In the USA, the USA, the Constitution, and the Bill of Rights sets out broad human rights
protections. Several rights that are stipulated in the Constitution of the country are in compliance
with as well as equivalent to some of the rights stipulated in the UDHR, in particular, to the
political and civil liberties. In addition, the US Supreme Court has identified such fundamental
rights that are not stipulated in the Constitution such as presumption of innocence in freedom of
movement and in a criminal trial.