Human Rights Law Course Work

“Ideas about human rights have evolved over many centuries. But they achieved strong international support following the Holocaust and World War II. To protect future generations from a repeat of these horrors, the United Nations adopted the Universal Declaration of Human Rights (UDHR) in 1948 and invited states to sign and ratify it”

The development of a human rights policy in the EU has been a long and often undocumented journey. The sectoral approach of the Paris Treaty establishing the European Coal and Steel Community (ECSC) in 1951 had an economic and functional intention, lacking a declaration of fundamental rights, as seen in national constitutions. It was not until the 2000 Nice Summit that the European Union first established a written charter, the EU Charter of Fundamental Rights, explicitly stating and guaranteeing human rights in the European Union. Documented EU human rights policy before 2000 can be seen primarily in two ways:

Torture falls under the category of cruel and unusual punishment, however circumstance can sway the attitude towards the use of torture. The most prevalent example in society, as well as the one used in the article “The Torture Debate” by Philip Rumney and Martin O’Boyle is terrorism. Based on the information presented in the article I agree that a legalized torture system should be developed under specific

Human rights seem to be one of the most undervalued rights that people are given. Although not tangible, or even visible, in the end they are one of the most significant aspects of life (Universal 1). They keep us civil. As the

On a global political stand point there was a uniting of ideas and governments; what we know today as the United Nations (UN). One of the main ideas which the UN has grown up around is ‘The individual possess rights simply by virtue of being Human’ (The Universal Declaration of human rights); which was adopted by the general assembly in 10th December 1948. This statement is reflect in the core principles

In this paper, I will begin by outlining Shue’s argument that while there may be some rare circumstances in which torture would be morally permissible, laws against torture should not be less severe, as torture does not satisfy the constraint of possible compliance (CPC), and other moral considerations. I will argue that since the cessation of torture cannot be guaranteed by the torturer, interrogational torture does not satisfy the CPC. Then, I will consider the objection that in practice, torture systems can ascertain the compliance needed by the victim, and can ensure this compliance is within the victim’s power. I will conclude by countering this point, as systems of torture have proven to be unreliable, and generally, unnecessary.

It was “solemnly” proclaimed that “The Universal Declaration of Human Rights [UNDHR] states a common understanding of the peoples of the world concerning the inalienable and inviolable rights of all members of the human family and constitutes an obligation for the members of the international community” . The UNDHR gave value to the term ‘human rights’, stressing the value of human dignity. However, the article also recognises the need for social order, Article 29 acknowledges that limits to these rights must be determined by law and can only be for the purposes of securing recognition and respect of others and to meet “the just requirements of morality, public order, and the general welfare in a democratic society”. Any restriction on these rights has to be justified as proportionate to the aims pursued by the restriction, for example, a police officer is justified in wielding a firearm against an individual deemed to be putting other lives in

Torture is condemned by worldwide consensus through documents such as the 1948 Universal Declaration of Human Rights (Mappes, Zembaty & DeGrazia, 2012, p. 345). Torture involves detaining someone suspected of planning violent acts or who may know of such plans, thereby violating the individual’s right to liberty (p. 384). It is also defined by extreme interrogation techniques that cause mental or physical pain, such as simulated drowning or Alan Dershowitz’s example of poking sterile needles under fingernails to get information (p. 345). Generally speaking, ethical theories would condemn torture.

The outbreak of the second world war, preceded the wake of new international institutions and treaties that, in turn, would commence a path towards true rights for mankind. These legal organizations responded to the immense magnitude of violations towards Human Rights during the 20th Century. The Second World War saw a disregard for human rights never before seen by mankind. With the genocide of Jews, incessant discrimination against race and sexuality, as well aerial bombings in support of territorial expansion, the world turned their devastation into a National Confederation against future catastrophe, the United Nations. Following the creation of the United Nations, attempted hope came in the form of coalitions such as the International Criminal Court, the European Court of Human Rights, The U.N. Human Rights Council and United Nations Security Council. The Institutions were given the mandate, by the United Nations, to be a last resort in the protection of Human Rights, even against a corrupted State Government and any other proclaimed authorities. These bodies have the jurisdiction to make judgements in support of the Universal Declaration of Human Rights. However, the rights of humanity are not internationally homogenous. Culture, religion, ethnicity and economic standpoints create complications and loopholes in the Universal Declaration of Human Rights. Therefore, limits and obstacles arise and these institutions must find a balance between Universalism and Relativism.

He discusses Article 3 of the European Convention on Human Rights, ‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment’ (107). There is no reason for torture to occur, no matter what the circumstances torture should not be used to take advantage of a party. Barnes discusses examples of the torture that was experienced in 1976 these examples are portrayed to the audience as inhuman (108). The court found that when distinguishing inhuman and degrading treatment (IDT), we must look at the severity. The Commission made the judgement that ‘sleep deprivation, loud hissing noises and reducing sleep were not of neither cruel nor excessive’ (103). Barnes presents the idea that the ECHR split the meaning of torture into two sections one being IDT and one being the intensity and cruelty by the word torture (108). The definition of torture was very complex, and due to the commission's input, the precise definition was hard to

Human rights, for centuries, has been a buzzword, creating an illusion of equality between people, united in their differences, but it is clear from the callous use of torture throughout history that human rights is only inclusive to those whom society favors. Torture is an act of repression, and establishes a direct attack to the core of human autonomy. One human being is degraded to the state of a non-human object, deprived of all empathy and legal personality. Torture has always aimed to devastate human dignity and diminish its victim to the status of a passive tool of the torturer or judicial system, as seen in Europe in the 1700s. But during this time, with the trepid introduction of human rights and the social feelings associated with

To try and prevent these acts from occurring governments worldwide have developed laws. The Physicians for Human Rights states, “Freedom from cruel, inhuman, and degrading treatment is a fundamental human right established in international law”. In 2009, the United Nations met to discuss torture and other cruel treatments and punishment. This became known as the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. During this Convention, they established many laws, in Part One, Article Two it states, “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture”.

I knew of some controversy regarding the Human Rights Act 1998 (HRA), mostly in relation to judge’s role and the issues with judicial review. I think its poor reputation is interesting, when considering the nature of the European Convention on Human Rights 1950 (ECHR). The convention had British influences and drafters. We discussed how this reputation is in part based on the general misinformation and lack of knowledge. I recognise the HRA’s limitations and the issues it raises regarding parliamentary sovereignty. However, I learnt during our session that before the HRA the UK relied on ‘whatever was not prohibited was allowed’. This resulted in rights being abused and it was thereby necessary to incorporate them into domestic law to avoid

Throughout the course of human history, enemy combatants of the defeated forces were generally taken as war prisoners, often expected to confront brutal tortures or agonizing executions. Such trend managed to steer its way into recent human history. Some of the most atrocious crimes committed against mankind were witnessed during the second World War where prisoners of war underwent unthinkable torture procedures either to give confessions or for the purpose of human experimentation. Hence, participants of the Geneva Convention established a standard for the humane treatment of war prisoners in the aftermath of World War II. Nonetheless, the issue of utilizing violence and torture as a tool of the modern state in forcing submission and upholding security seems to remain a reoccurring discussion. Thus, it is critical to for us ponder the topic of torture through a legal and ethical perspective along with a thorough knowledge of its implications on society in order to weigh the permissibility of this evil.

The origen and the content of human rights, as they are presented by the Declaration of 1948, belong to a concrete cultural and political tradition, that is, the Western,liberal, individualistic and democratic tradition. But such