Word Essay on Human Rights The promotion and protection of human rights has been a major preoccupation for the United Nations since , when the Organization’s founding nations resolved that the horrors of The Second World War should never ADVERTISEMENTS: Introduction: Human rights are as old as human civilization; but their use and relevance have been well defined during the recent years. It has gathered more importance in the post-second-world war period, particularly after the United Nation’s Declaration of Human Rights (UNDHR) in Meaning: ADVERTISEMENTS: There is no precise definition of Sep 27, · Human Rights Essays. The essays below were written by students to help you with your own studies. If you are looking for help with your essay then we offer a comprehensive writing service provided by fully qualified academics in your field of study
Human Rights Essay
The international system, including the legal system, has been long described as governed by the rule of anarchy since there is no authority higher than the state. At the same time, history saw numerous attempts of states to create international bodies that would establish certain rules and principles in the field of international law to guarantee justice and consistency. The present paper examines three important decisions issued by the International Court of Justice and the European Court of Human Rights in the field of state responsibility, human rights, and rights and duties of international organizations. One of the cornerstone principles of public international law is the concept of state responsibility that posits that if one state commits an unlawful act against another state, the latter should be able to require reparations from essays on human rights guilty party.
In such cases, a breach of an obligation, which arise from international agreements signed by the states, constitutes an unlawful act Shaw,p. One important application of this principle was demonstrated in the Bosnia and Herzegovina v Serbia and Montenegro case that was heard by the International Court of Justice. The case referred to the harm inflicted on the population of Bosnia and Herzegovina during the Bosnian War in the early s. In particular, Serbia was alleged to be responsible for the genocide of the Muslim Bosniaks during the Srebrenica massacre in International Court of Justice, Inessays on human rights Court issued its judgment on the case stating that Serbia bore no direct responsibility for the genocide, essays on human rights.
In other words, the Court did not believe that Serbia has committed the Srebrenica genocide, or has participated in its planning or instigated it in any other way. Nevertheless, the Court ruled that Serbia had an international obligation toward Bosnia under the Convention on the Prevention and Punishment of the Crime of Genocide ofwhich Serbia failed to fulfill by not preventing the genocide from occurring and by not participating in the punishment of its perpetrators. Moreover, Serbia was found responsible for not complying with the provisional measures issued by the Court in which could also help prevent the genocide.
The significance of this case lies in several of its dimensions. First of all, the concept of state responsibility was extended to include not only international agreements such as the Genocide Convention but also the orders issued by the International Court of Justice. Secondly, essays on human rights case is significant as it identifies the agents who represent the state. Finally, the case established that a state does not have to participate in war crimes to be liable for them — rather, essays on human rights have an indirect responsibility for ensuring such crimes do not happen. Human rights are an international law concept designed to protect the life and liberties of individuals across the world.
Even though there is general acceptance of the importance of protecting human rights, there is often disagreement regarding the definition of the concept. Nevertheless, the European Court of Human Rights works to ensure the protection of individual rights in Europe. Among one of the most significant cases heard at the European Court of Human rights is the Sejdić and Finci v. Bosnia and Herzegovina case, combining the complaints filed by two citizens of Bosnia and Herzegovina. Dervo Sejdić, the first plaintiff, was of Bosnian Roma origin, and the second plaintiff Jakob Finci had Bosnian Jewish roots.
Their presidency and parliament bids were rejected on the basis of their ethnicity. According to the Constitution essays on human rights Bosnia, put together at the end of the Bosnian War, essays on human rights, some high political posts namely, the presidency and the seats in the upper house of the parliament were reserved for Bosniaks, Serbs, and Croats. Sejdić and Finci believed that these provisions discriminated against them and violated their rights European Court of Human Rights, essays on human rights, The Court has ruled that these constitutional provisions violate the European Convention of Human Rights, particularly Article 14 which bans discrimination in any field of the rights outlined in the Convention.
Moreover, their inability to bid for the presidency breached Article 1 prohibiting discrimination in general European Court of Human Rights, Thus, the Bosnian Constitution was found to violate the rights of its Roma and Jewish population. The judgment had some important consequences for the country. Particularly, a constitutional reform was launched by the Bosnian Parliament ineven though the Constitution has not been essays on human rights amended. As far as the legal concept of human rights is concerned, the case is significant in the following ways. Firstly, it demonstrates that even the highest political institutions and laws can become subject to scrutiny by the European Court of Human Rights. Finally, the Court demonstrated its commitment to specifically protect the rights of minorities in Europe and to ensure non-discrimination on the principle of origin and ethnicity.
International organizations have a rather long history, but they gained especial importance in the post-World War II world. International and regional institutions were being established at an unprecedented scale to promote peace and to achieve particular political and economic goals of their member states Shaw,pp. At the same time, essays on human rights, the legal aspects of their functioning remained undefined until when the International Court of Justice issued a landmark opinion. Ina Swedish diplomat, a representative of the UN to Israel, was killed by terrorists in territory controlled by the provisional Israeli government. Consequently, the question arose whether the UN could make a claim against Israel for reparation of the damage suffered by the UN and its agents, essays on human rights, in the same way that a state could make such a claim International Court of Justice, The advisory opinion unanimously issued by the Court stated that the UN, as an international organization, could, essays on human rights, indeed, bring a reparation claim against a sovereign state.
In coming to a decision, the Court considered the functions and purposes of the organization. According to the Court, the UN, given its goals and principles as outlined in the UN Charter, was considered to have an international legal personality. Rather, the Court held that the rights and duties of international organizations depend on their specific purposes and functions as per the agreements establishing the organization and per its practices International Court of Justice, This advisory opinion solidified the place of international institutions in the international legal system, which is essential given their growing presence and importance. However, there is one important limitation in that the Court only discussed these organizations that were formed by nation-states.
In other words, the legal status of other non-state actors, for instance, non-governmental organizations, was not discussed in the present case. Nevertheless, it brought state-created international institutions under the jurisdiction of international laws by giving them a distinct legal personality. Moreover, these institutions were awarded certain rights and duties which would allow them to successfully maintain essays on human rights functions and operations. As evident from these cases, international institutions have been shaping the public international law through case law. While these decisions are not always legally binding, they do nevertheless represent a move toward a more organized and consistent international legal system.
European Court of Human Rights. Case of Sejdić and Finci v. Bosnia and Herzegovina. Human Rights Watch. Bosnia: A move to end discrimination. International Court of Justice. Case concerning application of the Convention on the prevention and punishment of the crime of genocide Bosnia and Herzegovina v. Serbia and Montenegro. Reparations for injuries suffered in the service of the United Nations. Shaw, M. International law 6th ed. Cambridge, UK: Cambridge University Press. Need a custom Essay sample written from scratch by professional specifically for you? certified writers online, essays on human rights. Public International Law of Human Rights. Table of Contents. Introduction Principle of State Responsibility Human Rights The Rights and Duties of International Organizations References, essays on human rights.
Learn More. We will write a custom Essay on Public International Law of Human Rights specifically for you! This essay on Public International Law of Human Rights was written and submitted by your fellow student. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. Removal Request. If you are the copyright owner essays on human rights this paper and no longer wish essays on human rights have your work published on IvyPanda. Constitutional Law: Miranda Rights Court Requirements in Aguilar and Gates Cases.
GET WRITING Essays on human rights. Cite This paper. Copy to Clipboard Copied! APA-7 APA-6 MLA-8 Chicago N-B Chicago A-D Harvard. Reference IvyPanda. Work Cited "Public International Law of Human Rights. Bibliography IvyPanda. References IvyPanda. Powered by CiteTotal, the best citation machine. More related papers. Check the price of your paper.
Easy Human rights essay//what is human rights and its characteristics
, time: 1:51Human Rights Essays: Examples, Topics, Titles, & Outlines
The topic of what entails human rights has been a subject of debate for a long time, of what it entails and the extent of each individual’s rights. In the 17th century, for example, there was a debate on whether individuals can give up some of their rights to be protected by the state (Shor & Sailofsky, ) Jun 02, · Words: Length: 2 Pages Document Type: Essay Paper #: Read Full Paper. Human Rights: The US Constitution, Declaration of the Rights of Man, and the UN Universal Declaration of Human Rights. The Enlightenment era was marked by a series of intellectual revolutions, most notably the concept of human rights Free【 Essay on Human Rights 】- use this essays as a template to follow while writing your own paper. More than essay samples Get a % Unique paper from best writers
No comments:
Post a Comment