Analyzing Human Rights: Wackenheim v France, Social Contract Theory

This assignment solution explores key concepts in international human rights law through a series of quiz questions. It begins by analyzing the Wackenheim v France case to illustrate conflicts between human rights, particularly focusing on human dignity and the right to work. The solution then delves into the social contract theory, explaining its relationship to natural rights and how it forms the basis of state governance. Finally, it addresses the debate of whether the United Nations constitutes a 'World Government,' arguing against this notion by highlighting the UN's role as a representative of member states rather than a governing body. The document concludes that the Wackenheim case highlights human rights conflicts, elaborates on the nexus between social contract theory and human rights, and clarifies the United Nations' position as not being a world government.

International Human
rights law topic quiz
questions

Table of Contents
Introduction..........................................................................................................................................2
Main Body............................................................................................................................................2
Conclusion ...........................................................................................................................................3
References............................................................................................................................................4
Introduction
International human rights law is a structure which consists of certain rules and regulations.
The set rules are obligatory on the part of the states who became a parties to international
conventions related to the protection of human rights(Mackay, (2020)). These rules are need to be
followed by the countries on their part. In this report we will study about the human rights conflict,
social contract theory and its relation with natural rights and justification related to united nations in
respect of not a world government.
Main Body
Human rights conflict means a clang among various or similar human rights. An example
could be 'euthanasia' where one person faces a combat amidst two of his human rights. In the given
case of Manual Wackenheim vs. France, there is a dwarf author who earn his living by

participating in a dwarf tossing event where he use to be thrown in the air by the customers of the
organisation who are hosting the event. French ministry issued a circular to all the mayors and
asked them to instruct the public regarding banning such events on the ground of violation of
human dignity(Ozdowski, (2020)). Author made an application for annulment of the order passed
by the mayor in the Administrative Courts in both the cities of Versailles and Marseille and he
successfully retained his events scheduled in two cities. Now an appeal has been filed against the
annulment order by the counsel of the mayor in the Council of State which passed the verdict in the
favour of the mayor and stated that the dwarf tossing event is transgressing the sanctity of right to
live with dignity. The author argued that he holds the right to life and stated that his dignity lies in
his work. He posses right to non-discrimination on the basis of his personal appearance. The state
contended that there is no discrimination is done in this case but only differentiation purpose is
there between the persons who can be thrown in such events and those who cannot be thrown(who
are not dwarves). Other than that if we talk about human dignity, it is the major concern in respect
to any human being which provide them with the right to be respected and valued. The argument of
state is being rightfully observed by the court(Steele, et.al., (2019)).
Social contract theory states that the formation of a state is done by entering into an agreement
constituted between the men who are living in that particular territory. Initially there is no governing
body and no law exist at this point of time. All use to follow the natural law. The people were living
according to them. There were no adjudicating body to control their activities. They are only well
versed with law of nature. After some time they felt that there must be a constitution of a society
which consists of certain sets of rules and regulations so as to govern the members living in the
social group. It can be illustrated like this, there are two people walking in the forest and they have
their guns but no food. Now they will enter into a contact that if any one among them found
anything to eat, nobody will try to acquire it by hurting the other person. Either they will share
whatever will they get. Natural rights are those rights which are being given to all of us just
because we are humans. Their existence does not need any recognition from the government.
Example- right to oxygen, shelter, health, clear water. There is a direct relation between social
contract theory and natural rights because the former is based on natural law.
United nations is an organisation of 192 member countries that collectively work for harmony
among all the nations and social advancement(Fredman, (2021)). It has certain aims to achieve in
terms of maintaining peace and safety by resolving the conflicts arise among the nations, to create
friendly relationship among the nations, to ensure the fulfilment of human rights obligations. It
cannot be described as a 'World Government' because mainly a government act as a representative

of the people and the states it comprises of. The UN does not act as a representative of any specific
country or government. It only represents the states incorporated as the members of UN.
Conclusion
From the following report it can be summarised that the there lies the conflict in the case of
Manual Weckenheim vs. France with respect to the human rights. Moreover, other than this it also
elaborates the nexus between the theory of social contract and general human rights. The last part of
the report summarises, United Nations not to be the body treated as the world government.
References
Mackay, A. (2020). Towards human rights compliance in Australian prisons (p. 368). ANU Press.
Ozdowski, S. (2020). Human rights as an instrument of social cohesion in South Asia. In Human
Rights Education Globally(pp. 173-200). Springer, Dordrecht.
Steele, L., et.al., (2019). Questioning segregation of people living with dementia in Australia: an
international human rights approach to care homes. Laws, 8(3), 18.
Fredman, S. (2021). A human rights approach: The right to education in the time of COVID-19: Commentary
on COVID-19 Special Section. Child development, 92(5), e900-e903.