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International Human Rights: Administering the International Legal Order

   

Added on  2023-06-07

15 Pages5139 Words354 Views
International Human
Rights
International Human Rights: Administering the International Legal Order_1
Table of Contents
INTRODUCTION ..........................................................................................................................3
TASK ..............................................................................................................................................3
Human Rights ........................................................................................................................4
Parochialism objection to human and fundamental rights.....................................................4
Universal or Declaration of Human Rights (UDHR).............................................................5
International legal order.........................................................................................................6
The United Nations.................................................................................................................7
International Bill of Human Rights .......................................................................................8
The International Covenant on Economic Social and Cultural Rights (ICESCR) That provides
various rights and Freedom ...................................................................................................8
The International Covenant on Civil and Political Rights (ICCPR) that provides various
Rights and Freedoms............................................................................................................10
International Order on Rights and Legitimacy ....................................................................12
The Universal Declaration on Human Rights Article1 ....................................................12
The Heart of Human Rights.................................................................................................13
CONCLUSION .............................................................................................................................13
REFERENCES..............................................................................................................................15
International Human Rights: Administering the International Legal Order_2
INTRODUCTION
Each and every individual or human enjoys their rights and freedom without any
discrimination irrespective of the caste, colour, race, gender, religion. These rights and freedom
are recognised at an international level for the protection and safeguarding of human which are
referred as international human rights. The government have full control over the freedom of
individual or groups that may be maintained and regulated with the obligation of international
agreement. International Convention on Civil and Political Rights (ICCPR) protects human
rights that involves some basic rights that are ascertained for humans such as Right to privacy,
Right to fair trial, Right to freedom of religion, Right to vote and Right to freedom of
association (Burke, 2019). A domestic dialogues in laws, politics, public consciousness, press,
civil society and academia have been reshaped with articulation of right internationally. A
Universal Declaration on Human Rights has set up various principles of human rights which are
equality and non-discrimination, interdependence and indivisibility, universality. The actions and
decisions taken by the government for prioritising the social, cultural and economic rights brings
enforcement of regional, national and international law and policy that are governed by the
International bill of Human rights. The bill was signed by 89 countries which agreed to follow
the obligatory rights and duties introduced in it. The rights and freedom that are laid out through
the Declaration are not legally binding, even though it is incorporated by the domestic legal
framework and national constitutions (Charlesworth, 2018). This report will cover the
importance and effect of international human rights to administer the international legal order. It
will further cover the cultural biased moral value that are entailed in human rights.
TASK
“Human rights plays a important role to administered the international legal orders which leads
to formulation of such orders. The validity of such orders are dubious without providing a
justification on human rights to public. The important condition for such justification is
providing acceptable response on parochialism objection that reflects set of moral values that is
culturally biased ”.
International Human Rights: Administering the International Legal Order_3
Human Rights
The norms that inspire the protection of people all over the globe in order to protect them from
legal, political and social issues are termed as Human rights. The basic rights that are entitled to
every human to enjoy free and peaceful lives are human rights. These rights includes Right to
education, Right for fair trial, right for freedom in religion, right for fair trial in case of being
charged for any crime and right of not being tortured. The philosophy on human rights addressed
the existence,universality, justification, nature and importance of human rights. The rights are
plural, universal and have high importance in the eye of law with authorisation of by the
international body of UNDR (Donnelly, and Whelan, 2020). All the States are bound to respect
and follow the obligations that are laid down by International human rights. These States which
become a part through being a party of the international treaties are bound and obligated to
follow the duties which are laid down by international law to follow the human rights religiously
and with respect.
The main justification on Human rights is that it plays a huge role in protecting interests of
rights against all alarming dangers that humans are prone to face under severe situations of
independent states with managing of disputes of different states on international level. In the case
of Bamaca Velasquez v. Guatemala, International Court of Justice had explained a theory on
human rights by applying it in armed conflicts issues in consideration of ICCPR which provides
recommendation on Legality of Threats or Use of Nuclear weapons. It was further concluded
that International Covenant of Civil and Political Rights did operated during the war time, except
Article 4 of Covenant that was not in force during the time of emergency.
Parochialism objection to human and fundamental rights
UDHR Article 1, states that “All human beings are born free and equal in dignity and rights”. It
means that human beings are to be treated with respect and honour in consideration of their
rights which is available for all human beings on international level.
The parochialism objection is based on strict moral values which were adopted and formed from
the beliefs of Western Societies and are not universal (Elliot, 2021). The Western construct
cultural , addresses the basic rights that are available to all human beings irrespective of their
culture and tradition. An application of human rights are restricted through Non-Western cultures
in the situation when there is breach of cultural and traditional rights by their members. The
International Human Rights: Administering the International Legal Order_4

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