International Human Rights Law: Right to Life and Violation of Women's Rights in Yaskia

This article discusses the right to life as a fundamental human right and the violation of women's rights in Yaskia under the International Convention on the Elimination of All Forms of Discrimination against Women. It also explores the legal basis for Yaskia's actions and the international human rights mechanisms responsible for monitoring its obligations.

International Human
Rights Law

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Section a ................................................................................................................................1
Section b ................................................................................................................................3
a. Has the new government of Yaskia violated any rights through this new enactment, and if
so what international human rights instruments provide the bases for those rights?.............3
b. What responsibility does Yaskia have under these circumstances and which international
human rights mechanisms are responsible for monitoring whether Yaskia is living up to its
obligations?.............................................................................................................................4
c. Upon what legal basis found in international human rights law might Yaskia justify its
actions and is that justification legally supportable?..............................................................5
References-......................................................................................................................................6

INTRODUCTION
MAIN BODY
Section a
Answer 2
Right to Life-
The term right to life can be described as the right to live on earth which is the supreme
right of every human being on this earth. This means that noone can end the life of any
individual including the government of the country. This would mean that it is the prime right of
every individual living on this planet. But, there are also exceptions to it that includes that if the
defaulter has caused loss to life to any other person, then there may be provisions for death
sentence in the law. Every country must make provisions for right to life in order to provide
basic human rights of all the citizens of the country. There are various human rights that are
discussed in the human rights which includes the right to life as the supreme right of any
individual residing in the country. It also means that no one has the authority to end the life of
any person without any due reasons of doing so. Moreover, the government is also responsible
for making provisions regarding the safeguard of the life of every citizen. The government must
ensure that there are various laws that ensures the security of the life of the people of the country.
The government must ensure the security of the country which includes the defence saystem of
the country. The defence system must be so strong that the terrorist must not risk the life of the
innocent people residing in the country. In law, there is very famous maxim which means that
the law must be formulated and practices in such a way that the innocent person must not be get
punished. It must take various steps regarding the safeguard of the life of the people of the
country.
The human rights treaty bodies are the bodies who are authorised to check that whether
the articles and provisions of UN are implemented or not. In case, these articles are not
implemented, then these treaties can take step against that body or organisation. These bodies are
also authorised to take individual complaints in order to provide justice to the aggrieved party.
Further more, the article 6 of the International Covenant on Civil and Political Rights
ensures that every person must be given right to life in all the conventions. According to this
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article, it ensures that no on must be deprived of right to life. The right to life is also a
fundamental right which must be enjoyed by every individual living on this earth.
This can be explained as without right to life there is no purpose of living on this planet. The
right to life is the mother of all prevailing human rights in the conventions. If there is no right to
life, then no other human rights can be fulfilled. The provisions also states that there must be the
best implementation of the right to life in all the conditions. Further more, it also provides that
even in case of war like situation, the right to life always prevail. This can be seen in the case of
private defence by the individual. The law allows every individual to safe his life in case of
defence. But, the condition here is that the degree of defence must be equal to the degree of
attack done by the defaulter party. If the attack would not cause grievous hurt or loss to life, then
it would not result to cause murder or grievous hurt to the other party of the case.
The article 3 of United nation provides with the right to life. It ensures that every person
must get right to life. No one must be discriminated on the basis of the nationality, religion,
caste, gender, etc for living on this earth. This would further mean that everyone must get access
to the rights that saves their life. The article 3 also covers the right to liberty and security of a
person. This means in addition to the right to life, the person is also eligible for security. This
would mean that every person is entitled to security while residing in any part of the countery.
The UN bounds its member countries to make the provisions related to right to life in in the law
system of that member country. It also bounds every country to follow the principles related to
right to life to all the member countries of the UN.
Moreover, the Equality and the Human Rights Commission also provides for the right to
life. The article 2 provides with the right to life. This means that every person is entitled to life
even if he is of unsound mind or of no use. It also outlines that no government can take the right
of life from any citizen of the country. The right to life is so important that it is also eligible even
in the case of emergency. The right to life cannot be infringed by any of the person. It also
explains that the right to life would never include the right to die. This means that there is no
right to die. This can be explained that suicide is the only type of crime that is done by the person
on himself and he is liable for punishment if he does not dies in the case of attempt to suicide.
The attempt to suicide is also a type of crime in the legal system of the country. Therefore, the
right to life must be provided to each and every person residing on this earth. The international
institutions have also given so much importance to human rights in this present time. The present
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time is very digital and includes the basic human rights of the person. The rights of the person
cannot be infringed in order to punish some other person by the courts of the country. Moreover,
the article 2 also provides that the right to life is not infringed if the public authority uses force in
order to the following conditions as follows-
1. to stop the unlawful violence
2. stop the riot
3. make an arrest that is lawful
4. to stop escaping an unlawful person.
Hence, all these things proves that there is a wide need of right to life in this present scenario.
Section b
Answer 1
a. Has the new government of Yaskia violated any rights through this new enactment, and if so
what international human rights instruments provide the bases for those rights?
The government of Yaskia have violated International convention on the Elimination of All
Forms of Discrimination against Women. Under Article 10 of this convention states conditions
for career and vocational guidance, to start studies and for achievement of diplomas in education.
The equality will be ensured in pre-school, general, technical and higher technical education. The
opportunities have to be equal for everyone whether it is girl or a boy, they have to be treated
equally. This convention is a part of comprehensive international human rights legal framework
which has been directed to ensure the enjoyment of all human rights and to eliminate all forms of
discrimination against women on basis of sex and gender. Under Article 13 there is a provision
for the States to recognise the right of everyone to education. Primary education for everyone
shall be available free.
The state government violated rights over discrimination of women on the basis of sex and
gender. They have violated the convention on the Elimination of all Forms of Discrimination
Against Women. The treaty was adopted in 1979 by United Nations General Assembly. The
human right commission is mentions in Article 10 of this treaty to mandate equal opportunity in
education for female students and encourages coeducation. Both girl and boys will study together
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in sane school or university. They all have equal access to athletics, scholarships and grants as
well and reduction in female students drop out rates.
Under Article 13 of this treaty they guarantee equality to women in economically and socially in
life especially in respect to the right to family benefits, the right to bank loans, mortgages and
any other form of financial credit to any women. There are measures for free health care of
women to eliminate discrimination and to take proper care and protection for women. It also
violates Article 16 which prohibits discrimination against women in all matters relating marriage
and family relations. Demand women's participation in decision- making at all levels.
b. What responsibility does Yaskia have under these circumstances and which international
human rights mechanisms are responsible for monitoring whether Yaskia is living up to its
obligations?
The state has the legal duty as well as obligation under the international law to protect as well as
respect the fulfilment of the human rights. The obligation here is presumed that the state of
Yoskia is signatory to the international treaties of human rights such as UDHR, UN Charter and
many others. The obligation for the state is meant as that the state should refrain from the
interference as well as curtailing of the enjoyment of the human rights for the people. as the
government of Yoskia has the restricted the girls to have access to the education at secondary
level, it is the violation of the right to education of the girls and there is no restriction being
imposed on boys which shows that discrimination is done among girls and boys. For this
obligation, the states are required to take the positive action in fulfilling or providing access to
the education to people in the country, namely girls and if it fails to facilitate such enjoyment,
there it is the violation of their legal obligation.
The international HR provides foundation for work of human rights by UN and the mechanism
which supports. There are mainly two mechanism which monitors the fulfilment of the
international treaties which includes the charter based and the treaty based. The ten of the HR
treaty bodies comprises of the committees of the independent experts which monitors the
implementation of the International Human rights treaties/ the charter based bodies involves the
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HR council, Special procedure, independent investigation and the universal periodic review. The
UN charter of Human rights provides the support and expertise to all of different mechanism
c. Upon what legal basis found in international human rights law might Yaskia justify its actions
and is that justification legally supportable?
Under international human right law there is law regarding prevention against discrimination of
women and there is law supporting right of women from discrimination. There is right to free
education for women and they can also have right to study in coeducation institutes. Whatever
law government of Yaskia passed, it is not supported in International Human Right Law there is
many rules and regulation supporting women in other issues also. The human right commission
have an eye over them, who so ever did not support rules and regulation made under this
convention, the commission will take action against these countries. They will impose sanctions
on those counties who did not follow rules of international convention for protection of women.
They will impose financial sanction on these countries, international trade with other counties
will be barred. The banks which have been established in Yaskia of other countries will cease to
work. Economy of this country will affect drastically, and it will also affect business which were
incorporated and established in this country. Import and export of this country will be effected by
these sanctions imposed over them, price of natural resources will effect and it will directly
affect general public living in Yaskia. By these sanctions small scale businesses will be directly
harmed and if there is no trade in market then it will effect GDP of this country. The currency in
international market will directly get affected, the trade with other country will not take place if
the commission barred them from trade in international currency, they can not trade in there in
there own currency. They have to deal in international currency to import and export. The
countries which help them against the commission then they will also impose sanction over these
county who help them to run there economy. The commission makes law to be imposed over
each and every country in the globe
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References-
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du droit international, 21(1), pp.7-40.
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