ESSAYS 01-09

ESSAYS 01-09
BY ZEEHSAN

Total Words: 17125 Words

5/9/2024
ESSAYS 01-09

Table of Contents
Essay 01: UN Protection System............................................................2

Essay 02: Torture | United Nations........................................................8

Essay 03: Genocide Convention & United Nations...........................13

Essay 04: Rights of Child & United Nations......................................17

Essay 05: Rights of Women & United Nations...................................24

Essay 06: Freedom of Religion & United Nations.............................31

Essay 07: Refugees & United Nations.................................................37

Essay 09: Nature of Human Rights & United Nations......................43

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Essay 01: UN Protection System

Human rights maintain the intrinsic value and pride of every individual, regardless of their
chronological age, gender, race, faith, or nationality. The horrors endured by humanity while on
WWII prompted the United Nations to establish human fundamental rights. It was on December
10, 1948, that the UDHR was accepted by the United Nations General Assembly. After it was
adopted, human rights were acknowledged as the cornerstone of liberty, equity, and security for
all people. The majority of countries have included these human rights in their constitutions and
local legal systems, even if it isn't binding law. We have been safeguarded from discrimination
along with our most fundamental needs are guaranteed by human rights.

The demand for protecting human rights is a significant sign of social institutions improvements.
Indian legislation established in the sixteenth century is an excellent example of the early
attempts to protect human rights. The laws of the modern society include similar statements, yet
have differences appeared due to the historical experiences of humanity, such as World Wars.
This paper aims to compare the Indian legislation of the sixteenth century to the modern United
Nations’ Human Rights Declaration. This essay will go over some of the recent and ongoing
changes to the United Nations system that ensures human rights are being respected and
protected. It will go deeper into finding out if human rights can be adequately protected by the
system, given its flaws.

The UN is intended to promote international collaboration and the development and maintenance
of world peace as well as global security, the United Nations was conventional, mostly as a reply
to the atrocities committed during World War II. It is possible that the UN system is unable to
embrace in all its aspects the human rights issue affecting the globe today due to the significant
impact of its treaties and announcements on them. As a result, change is necessary in some areas.
Because it is the unifying principle for so many member nations, the United Nations is very
careful to define rights diplomatically. United Nations pronouncements are often too general and
fail to provide member nations with the specific assistance they need because of the wide range
of economic, social, political, and cultural factors that have historically been considered.
Regardless, it remains undeniable that the United Nations has a greater impact on more
individuals and countries than any regional organization.
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PROTECTING HRTHROUGH CHARTER-BASED PROCEDURES

We have focused on the United Nations General Assembly (UNGA) and its subsidiary body, the
United Nations Human Rights Council (UNHRC), as well as the Economic Community Security
Council (ECOSOC) and the Secretariat (OHCHR) in our analysis of the processes based on the
UN Charter. Nonetheless, other UN secretariat units—including OCHA, DPA, and DPKO—are
heavily involved in human rights matters. Also, the Security Council as well as the International
Court of Justice (ICJ) (described below in regard to the use of coercive force for human rights
reasons) are two additional primary UN entities that sometimes consider human rights. On top of
that, there are ECOSOC and UNGA agencies and initiatives that deal with human rights issues;
these include UNDP, UNICEF, UNFPA, UNHCR, and UN-Women.

One last point about the human rights components of the United Nations' mission for global
security and peacemaking is the implementation of enforcement authorities to bring those guilty
to justice for atrocities such as ethnic cleansing, crimes towards humanity, and committing war
crimes. In the 1990s, the Security Council took a bold step forward by utilizing the power
granted by Chapter VII. It established 2 Ad-Hoc UN criminal judicial bodies, the International
Criminal Tribunal for the Former Yugoslavia ("ICTY") in 1991 and the International Criminal
Tribunal for Rwanda ("ICTR") in 1994, to try individuals claimed of genocide, war crimes, as
well as offenses regarding the human race. The International Criminal Court ("ICC") was
established in 2002 by the Rome Statute, which was adopted by governments in 1998. It is a
permanent tribunal that is independent of the United Nations and has the authority to investigate
and impeach those responsible for the gravest international crimes, including but not limited to
ethnic cleansing, war crimes, and offenses regarding humanity.

In the Middle East, the shift to democratization in countries that had communist parties or had
dictatorships has opened the door for civil society to have a role in governing reforms.
Strengthening human rights institutions has received technical aid and support as of the United
Nations' human rights administrations, notably the Office of the High Commissioner for Human
Rights (OHCHR). Internal armed conflicts, however, sometimes include huge abuses,
particularly when religious fanaticism and xenophobic nationalism fuel the violence. The United
Nations backs several prosecutorial bodies, including the International Criminal Court (ICC), in
its efforts to bring criminal charges against those responsible for atrocities and their leaders. With
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the backing of the OHCHR, peacemaking, security operations, and preventive diplomacy
operations have shown the merit of include the human rights component into all-encompassing
peace accords.

APPROACHES TO MAINTAINING AND PROTECTING FUNDAMENTAL HUMAN

RIGHTS.

Human rights are protected and enforced by the United Nations corporation via three separate
mechanisms. To begin with, it utilizes its treaties and other legally binding agreements and
instruments to set and uphold international norms. Secondly, it stresses the need of hiring human
rights experts from various fields, such as Special Rapporteurs, to aid in advancement of human
rights and enforcement. Finally, a voluntary budget for human rights counseling and technical
help is provided by the UN system. The UNHRC will continue to be the principal subject of this
article, as indicated before. An arm of the UN system, the affiliate body of the General Assembly
works to ensure human rights via intergovernmental cooperation. In its work, the UNHRC relies
on the UN's Extraordinary Procedures and maintains tight cooperation with the OHCHR.

In a resounding resolution (A/RES/60/251) passed by the General Assembly on March 15, 2006,
the UNHRC was founded, succeeding the United Nations Commission on Human Rights (CHR).
Previously, a part of the United Nations Economic and Social Council, the Committee on Human
Rights (CHR) had the integrity of portion as the principal and preeminent global platform for the
protection and development of human rights for all peoples, a role that the current UN Human
Rights Council more effectively fulfills. As an additional resource, the UN High Commissioner
for Human Rights' office helped the CHR with its primary responsibilities. Both national
mechanisms, which focus on human rights in particular nations or territories, and thematic
mechanisms, which address human rights breaches on a global scale, were originally means to be
inspected, observed, and reported openly by the CHR. The politicized CHR was mostly
superseded by the UNHRC considering to the latter's heavy criticism for admitting member
states with weak regards to human rights backgrounds.

The expansion of Spanish colonies demanded regulative laws to establish proper relations
between the Spaniards and the conquered nations. The formation of Indian legislation began
from the Laws of Burgos that considered the welfare of conquered Indians who were often
threatened by the Spanish occupants. Then, in 1542, the New Laws of The Indies were formatted
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by King Charles and included more detailed and justified regulations. The establishment of such
rules was the attempt to the sins against the Indians, such as cruelty and disrespect towards them
(Casas 23). The regulations were based on the most recent theories about freedom and human
rights. Indeed, the conquered people were considered free individuals with the right to choose a
job and be paid for their work.

Human rights are mainly protected by the United Nations established after World War II to
prevent the war’s horrors from repeating and for people involved in the crimes against humanity
to answer for their deeds. United Nations claim that “all human beings are born free and equal in
dignity and rights” (“Universal Declaration of Human Rights” 1). This statement reveals the
central thesis of human rights protection and results from historical events and society’s
improvements. The most significant resemblance of the New Laws of The Indies and Human
Rights Law of the United Nations is the responsibility to consider human rights as the primary
basis for establishing the local regulations. Modern laws address the intolerance to crimes against
these rights, such as genocide, offenses against humankind, and combat misconducts (“Human
Rights Law”).

The regulations of the sixteenth century were established to protect Indians from similar crimes
of Spaniards. Casas in the “Destruction of the Indies” calls to prevent “injustice done to innocent
people, destroying and tearing them apart without having a just cause or reason for it” (15).
Casas also describes people’s life in different Spanish colonies, and provides evidence of
fundamental human rights violations. Universal Declaration of Human Rights has a strong power
of human rights protection unrelatedly of nation, identity, or position of a population. The Indian
legislation’s statements did not include the established laws to define nations’ rights different
from Indian. This contrast shows how different the understanding of humanity was at the times
of the New Laws of The Indies from the modern one.

HUMAN RIGHTS RESTORATION DURING THE PEACEBUILDING PERIOD

Persistent distrust and violence are common outcomes of war. Conflicts often undermine or
involve the court and other government institutions, which are primarily responsible for
upholding human rights. The only way for war-torn civilizations to recover is for human rights to
be generally improved. Human rights must be safeguarded and the truth concerning past crimes
must be exposed, according to many, if community-level atonement and the healing of
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psychological wounds left by atrocities are to take place. Human rights implementation needs
good management if political stability is to be maintained. Restoring the authority of law and
resolving issues of betrayal and distrust are paramount. Under these conditions, the international
community may often play a crucial supporting role by offering, if only tacitly, assurances that
erstwhile adversaries would not desert the peace process. Helping post-conflict communities
reestablish human rights requires careful attention to local terminology, since all international
principles are open to cultural interpretation. Human rights are universal in principle, but in
practice, opinions on which necessities should be protected differ based on factors such as
religion, politics, economics, and culture. As a result, cultural adaptation is necessary for human
rights policy in order to prevent mistrust and the impression of interference in personal matters.

RESTORATIVE MEASURES INCLUDING PEACE ENFORCEMENT ALONG WITH

THE LIABILITY TO PRESERVE

The imposition of financial penalties or the authorization of military force to restore peace may
only be adopted by the Security Council if it finds, by nine votes among the fifteen, which
includes a repetitive vote of each of the 5 attendees (art. 27), that the matter in question is a
"threat to the peace, infringement of the truce, or display of aggression" (art. 39), in accordance
with Chapter VII of the UN Charter. Concerning the use of this authority to protect human rights,
UNSC practice has been hazy at best. As an example, Resolution 688 (1991) called for an end to
persecution and respect for the fundamental freedoms of the Kurds in Northern Iraq. The UK and
the USA put no-fly zones up to safeguard humanitarian operations, even though the resolution
didn't explicitly sanction it. When Aristide was deposed, the United Nations Security Council
proclaimed that "the circumstances of Haiti persists to reflect an existential danger to the stability
and security in the geographic region" and permitted the operation of armed force to reinstate
Haiti's duly elected president and government, as stated in Chapter VII of Resolution 940 (1994).

Addressing several psychological difficulties is crucial for promoting human rights norms in
cultures that have experienced war. A society's moral compass must be set straight, or new social
norms must be instituted. Human rights breaches have occurred in the past, and they must devise
plans to remedy this as well as prevent it from happening again. It is imperative that human
rights be included into all peacebuilding and rebuilding efforts, rather than being treated as an
isolated component of the recovery process. When a country becomes more democratic, people's
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freedoms in politics and society are restored. Training for government officials, security
personnel, and police officers must include instruction on the importance of respecting
fundamental rights while on the job. Finally, the key to society's reconciliation is the ability to
forgive past transgressions.

CONCLUSION

The intricate network of United Nations agencies and commissions, and the enormous power
they possess to advance human rights via international negotiation and conduct, are beyond the
scope of this article. Clearly, the idea that state sovereignty poses an insurmountable barrier to
the United Nations' efforts to fulfill the Charter's goal of human rights for everyone is becoming
less and less of an issue. Article 2(7)'s conventional constraints are fading away. Because of this,
the United Nations now has more room to maneuver. By increasing its authority to react to
individual accusations and bringing governments' scrutiny to human rights violations, treaty
organizations have shown tremendous tenacity. Those in charge of specific processes have
become more self-reliant and knowledgeable. Their detailed documentation of national and
topical issues has addressed certain recommendations made to political and government entities
(most notably the General Assembly).

There are significant disparities in the monetary worth of work when comparing these two
human rights safeguarding statutes. Rest and reasonable work hours are guaranteed to all people
under Article 24 of the Universal Declaration of Human Rights. On the other hand, the
limitations of work were not regulated by Indian law. The women worked the ranches, dug the
crops, and were subjected to "tough" labor since "they sent men to extract precious metals, which
is intolerable work" (45). It is increasingly essential to regard work as a defining factor of social
classes while debating individual rights, because this is the case in many nations.

The laws and charts that govern human rights are crucial acts of improving most of the
population’s quality of life. Although the sixteenth-century laws did not perceive Indians,
Spanish, and Portuguese separately, these regulations were the basis to consider in many
decision-making processes similar to the modern United Nation’s Declarations. The optimal way
of applying human rights is to set the same courts’ standards throughout the world (Zakariah
196). The attempts of giving freedom and rights for a better life are the critical milestones to the
human rights empowerment.
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Essay 02: Torture | United Nations

That is an express (a standard outright) and as such, is a ban on torture in different regions of the
world. In this regard, we need to address the Convention Against Torture (UNCAT) of 1984
which is highly significant too. Since this convention is the target of criticism, it is also failing in
realizing the actual motives for which it was drafted. In addition to this, this incapability of the
emerging regime is exacerbated by transnational crimes such as human trafficking the purpose
of, for instance, slavery and sex. These also include extrajudicial killings through the results of
acts of dominance of the powerful and considerably authoritative blocs. Another issue that draws
the sword on the bubble is the ignorance of multinational institutions, for instance, the issue of
Kashmir that is literally taken over by strong countries. The efforts from CAT (Clean Air Task)
are considerate, but it might be a neck and neck race to get prepared for the upcoming problems.
On one hand, it does offer some, such as the freedom of complaint, liberty, and oversight against
the criteria of detention. As per country, as many as 165 states have ratified or become parties to
the convention.

It is not defined anywhere precisely neither categorically but the purpose of torture is shameful
and should not exist. As per the section 2340 of US statutes torture can be characterized as
`mental pain or suffering, which is severe'. The same is also made evident in article 1 of the
CAT. One of the articles published by OHCHR also mentions torture as deeply traumatic
experience. The previous theories to combat torture through peace date back some time;
encapsulated by Westphalia 1648 treaty and the subsequent League of Nations 1920, that put the
doctrine of each state accepting peace among themselves. What I have against the CAT is that it
does have some obstacles that it needs to surmount, for example, let’s think instances of insider
influence, the fact that bad political interests don’t want to be penalized and in the same essence,
the possibility that the political atmosphere thrives only on certain moods and prevailing
situations.

The sequence of provisions in CAT, article 1 defines torture as e. g. "Extreme cruelty and
psychological pain, regardless of the source of those orders, whether carried out personally by
the state or turned into reality by the superior authority. "The actors have to demonstrate so that
they would belong to act of torture, and all conditions on article must be proven. Unfortunately,
the article’s main disadvantage is additionally in one point. As well, article 3 safeguards any
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extradition of a person to any place where it is reasonable to assume the person will be in danger.
According to Article 4, the parties accept to have torture banned and supervise the punishment.
According to Article 5. this obliges the States their duty to any sort of torture happened on their
territory. As it stands, Article 6 will go a long way to do inquiry on violation and make it possible
for trial to be conducted. Theses customized essential resources aim at resolving the main
problems and bases of the general issues. The enforcement raises questions. Article 15 is a
provision that urges that all the statements which were done under torture situation or any other
intimidating element cannot be proved in any court this is a violation of people's right to fair
procedural justice. The Article 17 orders the establishment of a committee to learn about the
methods employed to inflict pain on prisoners. The operations procedure in this document should
be well clarified and members must be well adept with human rights and relative matters. On
account of practical implementations of the grassroot, which is an article numbered 22 is present,
which enables the aggrieved victims of torture to channel their grievances and complaints to a
committee.

Let’s discuss the chronology of development of torture concept. September attack should be
taken as an example. The morality concerning conducts that violate any human rights was only
clearly defined once the doctrine of torture was accepted as a procedure with extreme violation
of the human rights. The answer of this scenario is that terrorism is a state incurred event and
does not simply amount to conflict between two groups. From that day was when states started
their campaigns against terrorism, the one that was stated in the laws and it became a crime.
Terror is undoubtedly a highly grave crime that is largely punishable worldwide. Though the
issue is not handled here, there are many more question that is would be asked that could make
contradictory and thus confused, many people who are working wholeheartedly for their freedom
will be mistook as terrorists. Just the latest example of the secular false impression of that; the
life imprisonment of Yasin Malik who is also a Muslim fighting for Kashmiri independence, lies
every day of the life of ordinary Kashmir people with the Indian army brutal murder and other
unlawful acts. What’s more, these protests have started popping up everywhere, not just in the
European country.

After the collapse of the twin towers, the President of the United States, George W. Bush, started
a “war on terror” as a response to what happened in the 9/11 incident. Americans were already
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not in their awareness and by now they were in the middle of a war which was begun by them.
The conflict didn't remain within the borders of humanity; it framed the suspension of lawful
detentions, and above all, several innocent people lost their lives. Strikes and marches were
common, which led to the rise of civil disobedience in countries like Iraq and Afghanistan as
well. Guantanamo Bay's aliens have been dealt with in a manner which is worse than any cruelty
ever possessed. The critics are referring to it as a statecraft engineered by the political certainty
of the government. The people are totally ignored and is being denied access of any basic
medical care. Subsequently, Hamdan v. Rumsfield was allowed to come into being and this
made an application of victims among detainees in Guantanamo Bay possible. The rules of
government were against this, and the complains about the alleged breach of human rights were
expected to be heard at that time. This means that Russia has to be condemned for infringing the
article 3 of the Convention.

On the other hand, the question interests me most – this is the problem of the court cases. Despite
the fact that Chile was chosen for the trial, to what extent was the case relevant. The
documentary will also discuss that matter by narrating how wide the world’s potential
perpetrators could be. The truth is that the overwhelming power of the equal authority does not
differ from worldly power. Then also the opinion of Lord Steyn of England is expressed in
somewhat the same line by which it has been said that the international law is the principal star
of the national law. To make a start, promoting the use of the peer pressure of adoption will
enable woo to interact with people on issues of human rights violations. This career path explains
that they should be very careful of the way they govern their lives. As it was confirmed by
sources close to ISC, the countries of US and UK withheld human rights in their way of terrorist
war worldwide. Actually, the UK government doesn’t like the fictional case of Iraq investigation
office. This issue relies on tribal people who have gone through 3000 dubious investigations of
UK government opining that they weren’t treated well and didn’t get any positive answer.

While this is still going on, it has been found that the Uyghurs, a minority Muslim community, is
being controlled by the Chinese government. Among all the complaints, the status of their
human rights is the most important issue. Instead of detaining and executing such criminals,
countries like Canada, United States, and the UK should follow the laws and punish the culprit
by sentencing to prison. Unlike the hundreds of thousands of people imprisoned in the Xinjiang
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re-education camps, there is no equivalent in the UK which are not bounded by the Sky news
report which is based in Beijing. Abbriasantas. The alone instance of peeling the skin off the
body or breaking the bones is the very few of the most horrific torture inflicted by the Chinese
government, and too many people died as a result. While their actions subdue common sense,
they nicely prove that they cannot imagine regular life without their dears or property like cars,
computers, or money. These people are isolated from the crowd in a way that none of the others
they meet become their proof the better way out. The rising of these unhuman stories will pop
out of nowhere and they’re posted for their own malicious effect on social media.

There is an example of this scenario where the silent attitude of the international community can
be observed, yet. It is the occupied state of Kashmir which was not protested against. Security
forces of Indian government have shot with their gun in front of the Kashmiri people. Killing of
more than one hundred thousand people has been done in Kashmir already. Kidnapping reached
its pinnacle and torture became the norm. Muslims are not allowed to enter the mosques and also
not allowed to mourn during a funeral. People just vanish without a clue where they were hauled
to and tortured. Women in India are repeatedly raped by Indian military officers. The questions
of Indian forces are asked unilaterally and have no specific basis in reality. This is equal to a
torture. This is a loss of humanity for which all of us need to be the voice voices.

Now, the circumstances of Ukraine have given the whole international community another
chance to utter out against Russia’s actions like the torture and barbarous treatment of the
Ukraine’s people. Up to ninety percent buildings are pulled down. The UN notes that as many as
4000 people have become casualties and the same number has suffered serious injuries. The
Russian military men in the territory of Ukraine become examples of despicable deeds. At the
moment, it has been about 3 months that Russia has launched this aggression. According to the
BBC report of the war crimes in Ukraine it is more than thousand.

CONVENTION AGAINST TORTURE

Inhuman or Degrading Treatment or Punishment (the „Torture Convention “) was adopted by the
General Assembly of the United Nations on 10 December 1984 (resolution 39/46). The
Convention came in effect on 26th June 1987 after it had been ratified by 20 countries. The
Torture Convention was a result of years’ work, which started with the adoption of the Torture
Declaration by the General Assembly, which took place on 9 December 1975. Indeed, the Torture
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Declaration was meant to provide the foundation for the future international anti-torture efforts.
In the second one and adopted on the same day, they requested the Commission on Human
Rights to look into the matter of torture and any possible measures to make the Torture
Declaration effective (resolution 3453 (XXX)). In 18 months, on 8 December 1977, the General
Assembly asked the Commission on Human Rights to prepare the draft convention against
torture and other cruel, inhuman or degrading treatment or punishment, with the principles of the
Torture Declaration in mind (resolution 32/62).

The torture as a deco humanizing act which causes unbearable pain has been condemned by the
world community since then, and first its abandonment was set out in the Universal Declaration
of Human Rights (UDHR). Since 1948 which is 70 years ago, the UN General Assembly adopted
the UDHR and it has been universally understood that “no one shall be subjected to torture or to
cruel, inhuman or degrading treatment or punishment”. Besides, torture and other forms of ill-
treatment have been prohibited by a number of binding international treaties including the
Geneva Conventions of 1949, International Covenant on Civil and Political Rights, Convention
on the Rights of the Child, Convention on the Rights of Persons with Disabilities, and, in general
terms, the Convention against Torture. The prohibition on torture is also contained in all the
regional human rights treaties. Torture is a jus cogens norm of international law, which is binding
on all States and, therefore, has no exceptions.
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Essay 03: Genocide Convention & United Nations

The Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide
Convention) is the first treaty in international law which detailed the crime of genocide. The very
preamble of the Convention acknowledges that genocide has always been as horrific as it is and
that it can only be stopped through international cooperation. The Convention defines genocide
as a crime that can happen in time of war, and in time of peace. According to Article II of the
Convention, genocide is a criminal act carried out with the purpose of eliminating a national,
ethnic, racial, or religious group as a whole or in part. It excludes neither political organizations
nor "cultural genocide". This concept was a product of the negotiations and depicts a consensus
taken by UN members states while drafting the Convention in 1948. The Convention literally
imposes on State Parties to carry out measures meant to prevent the crime of genocide and
punish the perpetrators, whether they are constitutionally responsible rulers, public servants or
private people, (Article IV).

The adoption of the Genocide Convention marked a crucial step towards the development of
international human rights and international criminal law as we know it today. It was the first
human rights treaty to be adopted by the General Assembly of the United Nations and signified
the international community’s commitment to ‘never again’ after the atrocities committed during
the Second World War.

The definition of the crime of genocide, as set out in the Convention, has been widely adopted at
both national and international levels. For example, the verbatim definition has been included in
the statute of several international and hybrid tribunals, such as in the respective statutes of the
International Criminal Tribunals for the former Yugoslavia and for Rwanda and the
Extraordinary Chambers in Cambodia. The same definition was also included in the 1998 Rome
Statute of the International Criminal Court (ICC), making genocide one of the international
crimes over which the ICC has jurisdiction. In fact, already in 1948, the Genocide Convention
had predicted the establishment of such an institution, by determining that accountability for
genocide was the jurisdiction not only of the State in whose territory the crime was committed,
but also of an “international penal tribunal as may have jurisdiction with respect to those
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Contracting Parties which shall have accepted its jurisdiction” (Article VI). The International
Court of Justice (ICJ)2 has repeatedly stated that the Convention embodies principles that are
part of general customary international law. Among those are the prohibition of genocide, as well
as the obligation to prevent and punish genocide. As customary international law, such
obligations are binding on all States, whether or not they have ratified the Genocide Convention.
The ICJ has also concluded that the obligation to prevent genocide contained in Article I of the
Genocide Convention has an extraterritorial scope. As such, States that have the capacity to
influence others have a duty to employ all means reasonably available to them to prevent
genocide, including in relation to acts committed outside their own borders.

The Genocide Convention has been ratified or acceded to by 150 States. The Special Advisor on
the Prevention of Genocide calls upon all Member States that are not yet party to the Genocide
Convention, to ratify or accede to it as a matter of priority, so that the Genocide Convention
becomes an instrument of universal membership.

The drafting of the Genocide Convention represented the international community’s pledge to
work together to prevent and punish the crime of genocide. Ratifying the Convention is an
affirmation of this commitment. In addition, considering the impact that the commission of the
crime of genocide has on victims, society, nations and on international peace and security
overall, ratifying the Genocide Convention demonstrates a commitment to the most fundamental
principles of the United Nations.

This essay is about the causes of genocide and the strategies through which it can be eliminated.
Global history has numerous cases of this anti-humanity crime. Genocide has a different
implication on each specific case, yet the term itself can be defined as “the extermination of a
nation or an ethnic group. The term was invented by Raphael Lemkin in 1940s and was known
as a direct reference to Holocaust. Concept of human rights is rather a result of the age of
Enlightenment. According to its teachings, the world could become better by the eliminating the
imperfections of the states. The Theory implied that those factors such as race, character,
ethnicity, and social position could be manipulated and reformed. The aim of the supporters of
the dogma in the end was to build a new community of people who were deliberately chosen.
The result of this trend was that some ethnic minorities like Armenians and Jews were regarded
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as the representatives of the lower race by the supreme society and had to be annihilated. It was
these nationalities that were labeled as the main group to be exterminated.

In accordance with CAT Article 3, the United States enacted statutes and regulations to prohibit
the transfer of aliens to countries where they would be tortured, including the Foreign Affairs
Reform and Restructuring Act of 1998, section 2340A of the United States Criminal Code, and
certain regulations implemented and enforced by the Department of Homeland Security (DHS),
the Department of Justice (DOJ), and the Department of State. These authorities, which require
the withholding or deferral of the removal of an alien to a country where he is more likely than
not to be tortured, generally provide aliens already residing within the United States a greater
degree of protection than aliens arriving to the United States who are deemed inadmissible on
securityor terrorism-related grounds. Further, in deciding whether or not to remove an alien to a
particular country, these rules permit the consideration of diplomatic assurances that an alien will
not be tortured there. Nevertheless, under U.S. law the removal or extradition of all aliens from
the United States must be consistent with U.S. obligations under CAT. CAT obligations
concerning alien removal have additional implications in cases of criminal and other deportable
aliens. The Supreme Court’s ruling Zadvydas v. Davis suggests that certain aliens receiving
protection under CAT cannot be indefinitely detained, raising the possibility that certain
otherwise-deportable aliens could be released into the United States if CAT protections make
their removal impossible. CAT obligations also have implications for the practice of
“extraordinary renditions,” by which the U.S. purportedly has transferred aliens suspected of
terrorist activity to countries that possibly employ torture as a means of interrogation. Potential
Issues Arising Under Implementation of the Convention Against Torture Concerning Removal of
Aliens Implications of the Convention Against Torture on U.S. Alien Detention Policy. The
provisions of CAT Article 3 appear to protect all individuals from removal to a state where they
are likely to be tortured, regardless of whether these individuals engaged in criminal practices
themselves.85 However, while CAT obligates the United States not to remove aliens to countries
where they are likely to be tortured, the Convention does not require the United States to permit
such aliens’ open presence in its territory. The question thus occurs as to what happens in the
case of an alien who is deportable for an immigration violation but whose removal is effectively
barred because of CAT.
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Implications of the Convention Against Torture on the Practice of “Extraordinary Renditions”.

When immigration officials identify a suspected foreign terrorist or similar security threat at a
port of entry, the government’s interest in the alien likely extends beyond simply assuring that
the suspect does not enter the United States. Security and criminal law enforcement interests may
also come into play. Controversy over how CAT applies in reconciling these diverse interests is
illustrated by the case of Maher Arar. In September 2002, U.S. authorities arrested Mr. Arar, a
Canadian citizen born in Syria, at John F. Kennedy Airport in New York while he was waiting for
a connecting flight to Canada. According to news reports, U.S. officials allege that Mr. Arar was
on a terrorist watch list after “multiple international intelligence agencies” linked him to terrorist
groups, though Mr. Arar has denied any knowing connection to terrorism.
ESSAYS 01-09

Essay 04: Rights of Child & United Nations

In the past, as far as the matter of the children's rights is concerned, there have already been
heated discussions. As the saying of the historian Aries goes, people in the preceding Middle
Ages called both the period of infancy and adulthood the same period. As Michael Freeman says,
the Victorian children struggled to even form their notions of self-due to the unduly strict
parental system of the time. The doubt among teens that they are able to decide for themselves
has sprouted with the idea of relying on external sources. Among all the members of the society,
children are definitely the most neglected and doomed to suffer from the most persistent and
deplorable problems. Therefore, they must get the best help and support. The main reason, for
the whole child protection legal framework to be in vain would undeniably be the high number
of child abuse cases still reported in the country. These circumstances, accordingly, raise the
question of whether the legal framework is sufficient, which means that the attention should be
drawn to the gaps in order provide children with the rights under the international human rights
law.

RIGHTS PROTECTED UNDER GENERAL LAWS

Just like women's rights, the children's are the part of human rights provided, hey need special
protections. UN and the 1948 International Bill of Rights embody in their activities that they
esteem human rights by ensuring that children's rights take precedence over any other. UN
Convention on the Rights of the Child has Mother’s and children’s rights and children’s right to
education as well as other rights of the child. The minor age children’s right to be treated as
children comes across in Article 24 of International Covenant on Civil and Political Rights,
whereas the children’s right to be protected from economic and social exploitation happens in the
Article 10 of International Covenant on Economic, Social and Cultural Rights. Although the
Universal Declaration of Human Rights and the Convention on the Rights of the Child were
adopted, there was a need for international response to facilitate the prevalence of rampant abuse
of human rights among children high child mortality rate and economic exploitation of children.
ESSAYS 01-09

CONVENTION ON THE RIGHTS OF CHILD

An international coalition of organizations worked painstakingly to draft the Convention on the

Rights to the Child in an effort to address this very problem. A person is deemed a child if they
are below the age of 18, unless otherwise specified by the relevant law. Concerning Islamic
countries, the majority component was included. According to von Struensee, there are four
primary aspects to the Convention on the Rights of the Child's provisions: the right for existence,
the right to growth, the right to protection, and the right to inclusion. After these safeguards are
in place, the Convention's Article 3 declares that society must prioritize "the best interests of the
child," a notion reaffirmed in the 44th session of the United Nations General Assembly.

These procedures referring to the "right to live" of all children are considered among the first and
the most important. States' duty is to ensure that the existing health services offered are of the
highest attainable standard as the goal is to give children the opportunity to grow and develop
properly. General Comment No. The Commission on Human Rights, article 15, requires
authorities to provide women with the best medical services possible during childbirth. In
addition, health care has changed drastically over the last century. Paragraph 2 presents a
prohibition on the use of illegal substances as well as makes it illegal to participate in their
production and distribution processes. Another one of the major steps taken under the Act is the
Article 34 - children protection against their exploitation and abuse such as prostitution and
pornography. This article is an outline of the main ideas with the intention of giving security to
children and showing their development.

Adolescent's cognitive, emotional, and social development, the duty for their children's physical
and mental well-being as well as their academic and social development is firmly placed on
parents in Article 27. Articles 23 provide special care for children with disabilities, while articles
28 and 29 give children the right to an education. According to Mower, Article 17 ensures the
right to engage in society by mandating that parents provide "guidance" in this domain. To
paraphrase Mower, "under their authority and those of other countries" children should be given
the opportunity to reach their maximum potential and have the right to an education under
Article 28. The requirements of emerging nations must take precedence, as stated in Article
28(3). This article proposes free and open education for everyone as a means to eliminate
prejudice and make sure that no kid is ever left behind.
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SAFEGUARD OF CHILDREN AGAINST CARETAKERS

The safety of children everywhere including is another area where the pact acts. Countries must
shoulder responsibility for the safety of children from carers who may do them physical harm,
abandon them or exploit them in accordance with Article 19 all legal, administrative, and social
means. Apart from forming the reporting system and human social affairs, the states need to do
this too. Children in Kym v. Denmark case made a complaint to the SRCR after they found out
the government of Denmark had violated the agreement by issuing a decision that did no not
provide for the girl best interest when her mother was allowed to go back to Somalia without her.
In Article 19 of the CRC, it is expressed that a State has a duty to prohibit, prevent and respond
in order to all forms of physical violence against the child among which FGM is one example.
The child should not be returned to that country where there are genuinely feasible grounds for
thinking that the child is to be subjected to genital mutilation, if the child be returned there. In its
decision, CRC stated that the mother and daughter immigration proceedings were illegal based
on two clauses namely, 3 (best interest of a child) and 19 (protection from any kind of violence).
According to the article 20, the issue of child is elaborated where the state has the obligation to
give “special care and help” to the child who may be without a family, including avoiding
abandonment. In addition to legalizing adoption Article 21 also gives states important guiding
principles when they take care of intercounty adoption. The CRC focalizes the children's well-
being to be the precondition for all adoption choices, and it urges on the states to engage in both
domestic and international conflicts in order to serve the best interest of the child.

Many people across the globe, particularly in some regions of Africa and Asia, consider child
labor to be among the most serious types of child maltreatment. Bonded labor, in which a parent
gives up custody of their kid in return for the eradication of a debt, is a common kind of child
labor. The forced labor that these youngsters endure throughout their lives after being traded in
this way aims to limit their psychological and physiological development. Many of these
ESSAYS 01-09

children's parents are too busy working to send them to school, while others are under so much
stress at work that they become malnourished and never reach their full potential. The even more
heinous threat of bonded labor aims to lock generations of people in a cycle of debt. Some
international human rights instruments have attempted to legitimize this kind of abuse; for
example, Article 4 of the United Nations Convention on the Rights of the Child seeks to
legitimize child labor, while Article 18 of the International Covenant on Civil and Political
Rights seeks to limit the trade of any such slaves that are bonded. In an effort to reduce the
prevalence of forced labor, the International Labor Organization (ILO) passed the Minimum Age
Convention.

Different people have different ideas on how these international instruments can keep kids safe.
Noteworthy is the fact that about 152 million children were enslaved in 2017. A considerable
number of these children were discovered working in businesses such as sugar manufacturing or
silk manufacture, where the likelihood of accidents resulting in their deaths was substantial.
Some scholars think that the United Nations regime and other international instruments should
ban child labor because of the widespread harm it does to children's health and development
(e.g., starvation and missed developmental opportunities caused by work-related problems),
while others think that the problem is more complex and would be better handled by a
convention or similar body. The majority of the population in nations like India and Bangladesh
lives below the poverty line, according to these scholars, because of the massive economic
inequality in such countries. In order to increase their family's chances of survival, they utilize
children as laborers; consequently, passing such laws will drastically cut down on the
employment opportunities for these youngsters. Without a safety net, these kids would have no
choice but to fall into the hands of uncontrolled enterprises like the drug trade or the sex trade,
where they face an even greater threat to their development. The best way to stop the use of child
labor in countries like Bangladesh, Pakistan, and India would be to control western consumerism
and businesses so that we don't need as many goods. That way, companies wouldn't have to hire
kids to make their products. Because of the high demand from countries like the US, Canada,
Australia, and the EU, these countries often use children in their workforces to fulfill contracts
that come from the West. However, if these countries reduced their demand for certain goods,
there would be no need for mass-produced goods, and thus, no requirement to hire children.
ESSAYS 01-09

The recruitment of minors into armed militias is another kind of child exploitation; this practice
has been documented in many South American countries as well as in Afghanistan and Africa.
You can see this in action in the 1990 Columbian legislature, when a large number of lawmakers
had ties to organizations that had used minors as soldiers. The United Nations has spoken out
strongly against this on several occasions, and the African Charter recognizes the recruitment of
minors for militias as a crime against humanity. The Beijing rules, which aim to punish children
proportionally to the seriousness of their crimes while ignoring their unique characteristics, are
an example of how children have been marginalized and unrepresented in the evolution of legal
systems worldwide. Human rights mechanisms that aim to safeguard children via specialized
schemes, rather than treating them like regular adults, have denounced such regimes. All of these
problems stem from the fact that the states treat children unfairly during trials, yet when it comes
time to try to put them in captivity, there are serious violations of human rights. In Pakistan, there
have been reports of juvenile detention centers being overcrowded, leading to the sexual
exploitation of juveniles housed alongside adults. In Mohammad Rafiq vs. Pakistan, a group of
minors were found guilty of sodomizing and then murdering an 8-year-old child. This case
brought into question Pakistan's juvenile justice system as well as the specialized safeguards
provided by human rights instruments like the UN Convention on the Rights of Child. So, the
Claimants contended that Pakistan's juvenile justice system was a tool for the continued violation
of children's rights; however, the court rejected their claims, ruling instead that each kid is unique
and entitled to care commensurate with their abilities. The "Juvenile and Justice System
Ordinance 2000" created Pakistan's juvenile justice system in response to the country's
international obligations under the United Nations Convention on the Protection of the Children.

JUVENILE CRIMINAL JUSTICE

Fourth, the Juvenile Criminal Justice System is where children's rights are really put to the test. A
youngster lacks the maturity to comprehend his rights and the skills to exercise them. A minor
who finds himself in the midst of a criminal justice system interrogation is in grave danger, as his
fate rests entirely in the hands of the courts. "Prevention is better than cure," the old adage goes.
Similarly, in this case, the youngster would benefit more from therapy and the restoration of
mental capacity than from harsh penalties, which would only serve to make the child more
defiant and rebellious. There has been a flagrant disregard for the standards that the criminal
ESSAYS 01-09

justice system is supposed to uphold. Paraguay is a good example of a country with a child
criminal system that fails to adequately separate juvenile offenders from adult offenders. This is
when children experience psychological and sexual abuse in addition to physical illnesses.
Regardless, according to Amnesty International, a juvenile cannot be prosecuted in an adult court
if they are under the age of 18. The United States of America does have a juvenile justice system,
yet there have been several cases when no real change has occurred. Despite reforms, 26 states
remain adhere to the "Anti-American Commission on Human Rights" ruling that criminal
proceedings may include minors. The Riyadh Guidelines are an all-inclusive manual for the
juvenile justice system, while the Beijing Rules are an encapsulation of certain fundamental
principles that, to be fully implemented, need some kind of practical impact. An example of an
Asian system is Pakistan's penal code, which prohibits the death penalty for minors under section
308 and, according to section 28 of criminal procedure, the juvenile judge would try a juvenile
defendant. When it comes to protecting children's rights in court, they are useful.

COMMITTEE ON THE RIGHTS OF CHILD - ENFORCEMENT

Like other United Nations Treaty Organizations, the CRC has reporting problems. The principal
vehicle for enforcing the Convention is the Committee on the Rights of the Child, which consists
of 10 experts chosen by the state parties and functioning in their respective roles (Article 43).
According to Article 44, every five years, the Committee must receive a report from the State
Party detailing their efforts toward enacting the Convention. It is the right of UN organizations,
such as the Children's Fund, to have a delegate present before the Committee in order to provide
administrative ideas, as stated in Article 45. The resolution also gives the Committee the
authority to propose that the Secretary-General conduct research on certain matters concerning
the rights of children. No particular complaint may be considered by the Committee in
accordance with the CRC's enforcement provisions. This specific body has the power to examine
individual complaints, while other bodies like the Committee on the Elimination of Segregation
against Women have the power to oversee complaints in general. Unfortunately, the treaty does
not provide the necessary authorities to address the lack of support for children's rights and the
culture of poor recognition and enforcement. The conclusion shows how weak the legal basis is
for such an arrangement.

PROTOCOL FOR COMMUNICATION OPTIONS

ESSAYS 01-09

The 2011-authorized and 2014-implemented Optional Protocol on Communications places a

focus on better enforcement. According to Article 5 of the Optional Protocol, a victim is "any
person or association alleging of having have been harmed as a result of a State Party's disregard
for the Convention on the Rights of the Child, the Supplemental Protocol to the the Convention
on the Sale of Children, or any further convention associated thereto." The only way human
rights can be seriously considered is via individual complaints. This has significant importance.
The Committee must be able to receive particular messages in order to protect children's rights,
since this provides substance to global principles that may otherwise seem vague and impersonal.
Article 7's communication restrictions, such as the need to exhaust every domestic recourse
(unless the existing domestic remedy is impossible or unlikely to be effective) and the bar on
anonymity, may make it difficult for abuse victims to utilize this enforcement means. One
probable explanation for these pervasive abuses of children's rights is the failure to adequately
execute the Convention on the Rights of the Child. Ultimately, the CRC recognizes children as a
vulnerable and disadvantaged part of society, as it is there that children's rights are most broadly
declared and established. Therefore, the concerns show that there are widespread systematic
breaches of the CRC, even though it is one of the most widely approved treaties.
ESSAYS 01-09

Essay 05: Rights of Women & United Nations

Everyone has the same inherent worth and dignity as every other human being, regardless of
their gender. Rather than focusing on the expansion of international human rights legislation as a
whole, the promotion of women's rights is diverting attention away from this important goal. The
concept of women's rights and its development within the broader international framework
protecting human rights is central to the statement under discussion. A good rule of thumb is to
follow the first part of the statement that was just stated, which is that everyone, regardless of
their gender, has inherent human rights. The following argument, however, vehemently refutes
the rest of the statement given above; it argues that the need to expand women's rights emerges
precisely because human rights are relevant to them.

CONVENTION ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN

Let us begin this discussion regarding women's rights by agreeing with the first half of the
statement that was just expressed, as shown above. Everyone has an inherent entitlement to basic
human dignity just because they are human. According to "Donnelly (2012)" the human rights
concept is that everyone has the right to be treated with dignity and respect regardless of their
gender. Therefore, it is reasonable to assume that women also have the right to be treated with
dignity and respect under this concept. Because of the inclusion of the extremely wide concept of
human rights, it is a reality that certain groups, such as "ethnic, racial, women, devotional, and
sexual minorities," have experienced discrimination due to characteristics and attributes that are
not within their control. There have been multiple instances of women's rights violations
throughout history, with prominent examples including the "gender pay gap," "violence against
women," and "female genital mutilation." Despite efforts to address these issues through
frameworks like the "International Bill of Rights" and "The Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW)," these treaties have largely been
ineffective. Nevertheless, it is clear that the development of "International human right law" has
not done much to support, accommodate, or resolve the concerns of women or their rights.
ESSAYS 01-09

Regardless, it is noted that there has to be a shift in the area of women's rights, specifically in
regard to the recognition and acknowledgment of gender identity and the rights that are uniquely
theirs.

It is therefore very clear why this line of reasoning utterly disproves the second half of the
assertion. Despite what it says, progress in women's rights actually benefits the "General
International System" (the body responsible for protecting human rights), rendering the argument
that such progress is unwanted or pointless completely invalid. "The International Bill of Rights"
was the first platform from which women's rights were formally recognized and accepted. In
addition, according to ICCPR A.3 and 26, men and women shall be treated equally in terms of
legal protections and treatment. Not only that, but according to Article 2 of the ICCPR,
discrimination of any kind is both prohibited and severely limited when it comes to the
enforcement and application of the rights protected by the treaty. So, it's safe to say that human
rights, including the idea of women's rights, are fundamental.

Many regard the 1979 formal adoption of the "CEDAW," which had previously existed just as a
proclamation without the treaty's legal authority, to be a watershed moment in the history of
women's rights. Despite the fact that the "International Bill of Rights" sought to end
discrimination against women and girls in human rights enforcement and application, the
"Convention on the Elimination of All Forms of Discrimination Against Women" (CEDAW)
shifted its focus to issues that disproportionately affected women. Having said that, CEDAW
does not address the rights that are absent from other accords. The Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW) has been instrumental in
establishing and advancing women's rights, particularly as they relate to reproductive health and
other health-related issues. The majority of human rights legal frameworks are based on a broad
understanding of human dignity and the rights of individuals, and advances in women's rights
have contributed to this broader understanding.

When examining the significant progress made for women's rights, three things might be taken
into account. A.12 of CEDAW guarantees that men and women have equal access to health care.
In particular, women's rights are distinctive and specific because laws protecting them recognize
that women have different healthcare needs than males. This is a key difference that
distinguishes women from men. Recognition of women's specific healthcare needs, which fall
ESSAYS 01-09

outside the purview of the "International Bill of Rights" because women's specific concerns are
not addressed directly; these needs pertain to women's reproductive health and the increased risk
of sexually transmitted diseases. Notably, it recognizes that, despite genuine legal frameworks
protecting human rights, the shame associated with women in matters such as sexual abuse,
abortion, and contraception might prevent them from seeking medical treatment in such cases.
The fact that women and men should have equal access to work rights is also seen as a major
component of progress.

As per Article No.11, which restates the main prohibition and limitation on discrimination, the
freedom to work is an essential absolute human right. Whatever the case may be, it is undeniable
that women's humanity is undervalued and perpetuated in only two roles: as servants and as
inferior beings. What's more, women's access to personal resources is severely limited, either
because they are expected to work less than men or because they are forbidden from working in
certain fields altogether. This problem has persisted for generations and continues to this day. In
addition, CEDAW articulates the principal restriction on discrimination among men and women
to achieve and maintain equality over the rights of men and women and to fight down the major
barriers that stand in the way of women exercising their rights, which is necessary to address
such immoral practices in society. thus, CEDAW addresses the "economic exclusion" that
women face globally by recognizing and addressing the fact that, on average, women work
longer hours for lower pay or in relation to men's wages. This perpetuates a gender disparity in
access to resources and has a role in reducing social entitlements.

On top of that, the CEDAW A.10 sheds light on the educational aspect and primarily addresses
many concerns, including a tendency to limit women's educational rights compared to men's. As
a result, it can be seen as an essential area for growth in the field of women's education. To go a
step further, this may be seen as showing how ending poverty is related to women's rights. When
taken in its whole, the latter version reveals not just a dearth of social and economic resources,
but also a complete breakdown of civil society. Although CEDAW protected a variety of rights,
its primary focus is on the discrimination women experience in society at the hands of men. This
is in contrast to the "International Bill of Rights" which primarily addressed general prohibitions
against discrimination; nonetheless, CEDAW is clearly more effective and stronger in its
advocacy of gender equality because it primarily addresses issues specific to women.
ESSAYS 01-09

With the aim of improving and developing the implementation framework, the "Optional
Protocol" to "CEDAW" was adopted. In addition, messages may be sent by or on their behalf to
either an individual or a group of individuals according to the rules laid forth in OP A.2.
Furthermore, it is noted that in line with A.3, the filed communication must be in a written form
that clearly identifies the person or group involved; being anonymous is thus explicitly
forbidden. In addition, it is acknowledged that there are numerous personal and specific issues
pertaining to women that are not reported because of concerns about harassment, victimization,
and social stigmas. This is primarily caused by the lack of privacy when reporting to the
committee, as a result of the A.3 policy of anonymity. Still, there's a catch to this communication
to committee concept that's making it less effective: states that haven't signed a protocol with the
committee are letting their citizens suffer abuses without being able to do anything about it, since
the committee can only serve states that have signed protocols; otherwise, the governing party
can't sign a protocol and the committee can't seek communications. Furthermore, it is believed
that in order for the communication to be successful, it must first be checked to see if any
domestic remedy is still accessible and can be used. Then, it must be determined if the available
remedy isn't working for the specific communication issue at hand or if it's contributing to an
unreasonable amount of time.

Thus, it was determined that, according to different points of view, it is highly unlikely that any
one person could meet all the criteria requirements along with get communicating right;
consequently, the effectiveness and purpose of the process of execution would be severely
compromised if such stringent criteria were to be imposed. For this reason, CEDAW represents a
plethora of groundbreaking advancements in women's rights. Later feminists heavily criticized
this approach, even if few rights were completely obtained according to CEDAW's standards
because of the challenges in using the structure of implementation and system. Issues with
Sexuality Regardless, these frameworks and methodologies for implementation are not doomed
to fail immediately, even with these caveats. The case of AT v. Hungary, which concerns the
enforcement of women's rights, probably represents an effective endeavor.

According to the committee's findings, Hungary breached the claimant women's rights by
prioritizing her violent partner's property over her own physical and mental integrity, in violation
of "CEDAW A.5 (1)" (which deals with "sex role stereotyping and prejudice") and "CEDAW
ESSAYS 01-09

A.16" (equality in conjugal and family life). While it may not be perfect, it is evident that
women's rights are well protected. Conflicts between religions and female. The development and
establishment of women's rights is clearly necessary for a successful contribution to the IPHR, as
is an evaluation of how ineffective the CEDAW along with OP were in their goal of conserving
and defending women's rights. The gradual and disorganized expansion of women's rights is
highlighted by an examination of Singapore's actions in relation to CEDAW.

After joining the CEDAW in 1995, Singapore was able to successfully implement a variety of
policies and legal measures aimed at preserving and protecting women's rights, and the country
is now considered by the UNDP (1997) to be among those that have achieved this goal. There is
a potential conflict between the provisions of CEDAW and the "The Administration of Muslim
Law Act (AMLA)" in Singapore, which permit Muslim men to marry four women at once while
women do not have the legal right to do so, due to the country's "multicultural" and "multi-
religious" makeup. In any case, it is important to consider the aforementioned developments in
light of Singapore's reservations and worries on "A.2 and A.16," which demand the repeal of
discriminatory laws. The reservations and worries about these articles, which are supposedly the
foundational roots of CEDAW, undermine all of Singapore's labor and efforts. There are a
number of governments that have voiced their disapproval of a convention-reflecting article;
Singapore is only one of them. In addition, it is very doubtful that any other world human rights
framework has encountered the kind of misgivings and hostility to women's rights as CEDAW
has.

The commentators have noted and voiced concern that CEDAW does not address the serious
gender-related problems, such as violence against women along with female genital mutilation,
which undoubtedly affect women more drastically than men. Even while CEDAW does not
explicitly condemn or reject violence against women, it is nonetheless forbidden under the
convention's basic concept, and this problem will be brought up and debated after the discussion
as a result of major issues related to women's gender. The "Elimination of Violence against
Women" proclamation was approved by the general assembly in response to the pervasive
violence against women. By recognizing "violence as a historic power disparity dynamic
between men and women" as a crucial social framework that forces women into subordinate
roles, this proclamation took into account the issue of violence against women from a
ESSAYS 01-09

perspective and attitude. Violence against women is a major problem for women's equality in
society, but CEDAW does not prioritize this issue and instead ranks it low on the list of priorities
for a non-binding declaration. It is also unclear why other important issues pertaining to women
weren't tackled under CEDAW.

Regardless, the declaration, in accordance with Article 1, addresses the pervasiveness of violence
against women, which transcends socioeconomic status, class, and culture, and outright bans all
forms of violence against women, including physical, sexual, and psychological harm. In
addition, the "UN Commission on Human Rights in 1994" designated a special advisory
committee to investigate and report on violence against women; this committee is empowered to
receive individual communication complaints, travel to different countries, and provide the
commission with contextual reports every year. Its purpose is to address the problem of a
declaration lacking a regulatory framework. Consequently, according to the annual contextual
study about US prisons, the rights of women are often violated in both the federal and state jails
throughout the country. This is mostly attributable to the lack of uniform and consistent state
procedures regarding jail policy. This is on top of the fact that African-Americans are worried
about prejudice against this group and that the "US Criminal Justice System" has failed to
adequately address their issues.

Moreover, it is worth noting that the field of women's rights has experienced uneven
development, with special advisors and reports playing a significant role in advancing limited
guidelines regarding sexual abuse, restriction, and jail mechanism. These issues persist to this
day. In addition, as previously stated, another major issue related to women is "Genital
Mutilation," which is becoming more common in many parts of the world, including Africa,
Asia, and the Middle East. It is clear that CEDAW does not tackle this gender-based problem.
Circumcision is performed on females as part of genital mutilation to regulate their libido,
guarantee their virginity and faithfulness, and increase the sex enjoyment for men. Although not
even acknowledged as a separate issue of violence against women in the declaration, the issue of
genital mutilation remains unmentioned in the CEDAW books, despite being a prominent while
notable illustration of how men receive extra care at the expense of women. Not only that, but it's
worth noting that the "General Comment No. 14 of the CEDAW" prohibits female circumcision,
ESSAYS 01-09

even if these comments are not legally enforceable. Consequently, it is clear that there is still
opposition to changing detrimental beliefs and behaviors against women.

Taking into account the aforementioned discussion of women's rights, it follows that the
statement's assertion that human rights are not merely gender-based is correct; however, the
assertion's claim that progress in the area of women's rights is pointless and undesirable appears
to be incorrect. Further, reflecting the rights listed in the "International Bill of Rights," the
"CEDAW" and the "Optional Protocol" have clearly contributed important and major
contributions to the IPHR's overall system, which is why they are seen as of the highest
importance. However, they only included the special rules and regulations that address the
unique challenges faced by women. Rather of seeing the imperfections as undesirable, they
should be corrected. This is necessary to ensure that this area of human rights legislation receives
adequate protection in the future. This would lead to the expansion and improvement of such a
system.
ESSAYS 01-09

Essay 06: Freedom of Religion & United Nations

Resolving disagreements based on ideology or worldview is infamously difficult. All across the
world, it has always sparked rebellions and conflicts. Ideologies that seek to reduce internal strife
and discontent have been accepted throughout history by kingdoms and empires. Progressive
jurisprudence aimed to change the conversation around religion from one of tolerance to one of
respect. It is common practice for human rights treaties to include provisions against religious
discrimination in a distinct section from those safeguarding religious freedom. Since 1948, no
official religious conference has taken place. One of the universally recognized human rights is
the freedom from religious or philosophical persecution, as stated in Article 2 of the UDHR.
Article 18, which states, "Everyone has the freedom to express themselves through speech,
beliefs, and religion," is the treaty's most crucial provision. Anyone may change their religious
affiliation at any time, and everyone has the right to openly or secretly teach, practice, worship,
and observe their religion or belief system. The limitations on using this privilege are detailed in
Article 29 (2).

Both proponents and opponents of Article 18 have written extensive arguments. At its core, there
existed an unbridgeable gap between the leaders of various Muslim nations and the authorities of
other countries who saw the "freedom to alter religion or belief" as fundamentally important.
Because of its position on Article 18, Saudi Arabia formed one of only eight nations that voted
against the UDHR. Article 18(2) of the ICCPR guarantees "the opportunity of choosing or adopt
ESSAYS 01-09

any faith or conviction of choice," but Article 18 of the UDHR places restrictions on this right
(3). (3). If a restriction on religious or philosophical freedom is required by law and is essential
to preserve public health, morality, order, or safety, or the basic rights and freedoms of others,
then Article18(3) of the Committee permits the restriction.

Paragraph 3 of Article 18 might need some improvement in phrasing, and the Committee agrees.
There can be no leniency in the enforcement of prohibitions. The Act has been the subject of
over 30 appeals, many of which highlight serious issues. The Committee's approach to resolving
issues is shown by two significant petitions. The right to wear a turban was allegedly violated in
1986 when a Sikh man named Karnel Singh Bhinder sued Canada, using Article 18(1). Under
Article 18, paragraph 3, the Committee reasoned that the restriction was necessary since
government officials are compelled to wear hard helmets. Petitioner Raihon Hudoyberanova was
a student at a school where wearing a headscarf was strictly prohibited (Uzbekistan v.
Hudoyberanova). After reviewing Uzbekistan's answer, it was found that the country broke
Article 18 of the ICCPR. That is precisely the goal of the 1981 Declaration on Religion or Belief,
which aims to eradicate prejudice against individuals because of their religious or philosophical
beliefs. The right to personal liberty in matters of religion, morality, and philosophy is
guaranteed to all people under Article 1(1). Everyone should be able to freely worship, study,
practice, and teach their religion in whatever public or private place they choose; this right
should also apply to all philosophical and theological expressions.

In accordance with Article 8, "Nothing in this Declaration shall be understood as diminishing or

derogating from any right recognized in the Universal Declaration of Human Rights or the
International Covenants on Human Rights." Because "freedom to change religion or belief" is
defined differently in different nations, Article 1's phrasing reflects this diversity. By including
this provision, they have a basis in law to challenge those who want the right to change one's
philosophical or religious beliefs. For the purpose of substantiating this assertion, this article
cites and affirms the applicability of both Article 18(2) of the ICCPR and Article 18 of the
UDHR. Although times have changed, Article 1 of the American Convention remains steadfast in
its rejection of discrimination. The ICCPR has also guaranteed religious freedom, as stated in
Article 12. For the most part, Article 8 of the African Charter guarantees religious freedom.
ESSAYS 01-09

Since Article 9 of the ECHR is so close to Article 18 of the UDHR, it was largely unopposed
when it was drafted. The freedom to change one's religious beliefs and practices, as well as the
liberty to freely practice one's current faith in public and private settings, is an essential
component of the right to freedom of thought, conscience, and religion. According to Article 9.1
of the European Convention on Human Rights, this is explicitly stated. But there were
roadblocks that made it hard to restrict religious freedom. A "degree of autonomy" for nations
was made possible by the exact wording of Article 9.2. The right to an education that is tolerant
of diverse faiths is guaranteed in Article 2 of the First Protocol to the Convention, in addition to
the safeguards provided by Article 9 of the Convention. These rulings trace the evolution of
ECtHR precedent pertaining to Article 9 of the ECHR. In 1993, the Supreme Court handed down
its ruling in the case of Kokkinakis v. Greece. Regardless of his assertion that he has seen God,
Mr. Kokkinakis has been apprehended more than sixty times for propagating his religious views
to others. He thought that his convictions may be reversed with the aid of Article 9 of the
European Convention on Human Rights. A healthy democracy must protect people's right to
freely practice their religion and morals, according to the Supreme Court. Though it did so, the
Court noted that limitations on this freedom are acceptable under Article 9(2) and that Greece
had just failed to demonstrate the need of the limitation, therefore finding that Greece had
violated Article 9.

Muslim women's freedom to wear veils and cover their hair in the workplace was at issue in
Dahlab v. Switzerland. A senior government official requested that the candidate remove her
headscarf from the workplace after she had worn it for more than five years. The Court stressed
that there was considerable leeway for the Member States. Since youngsters are impressionable
and susceptible to peer pressure, the Court reasoned that the ban was reasonable and necessary
under Article 9.2 to protect democratic society's best interests. Islamic law requiring women to
cover their hair was deemed "impossible to reconcile" by the Dahlab court with Islam's "message
of tolerance, acceptance of others, and above all, tolerance and nondiscrimination." Plaintiff
Leyla Sahin of Sahin v. Turkey claimed that the prohibition of Islamic headscarves in the
classroom infringed her Article 9 rights.

On the other hand, the Chamber found that Article 9 was not breached. The claimant asserted
infractions to her rights under Articles 9 and 2 of the first protocol (right to education) and
ESSAYS 01-09

Article 14 of Protocol No. 1 (since she had to choose with education and religion) at some point
in time, when she requested the matter to be transferred to the Rand Chamber under Article
43(2). In addition, she brought up infractions of Articles 8 and 10. The Court concluded that
there had been no breach of Article 9. An earlier decision by the Turkish Constitutional Court
that limited students' ability to express themselves via their campus attire was also noted by the
ECtHR. The need to preserve public order and protect the civil liberties and freedoms enjoyed by
others also provided justification for the action. As guiding values, secularism and inequality
were both maintained.

Furthermore, the state cannot promote any particular religious ideology since the Constitutional
Court determined that secularism is essential to democratic principles like as equality and
freedom. Therefore, the case exemplifies the Turkish government's commitment to secular
values. The hijab and other types of public religious attire were examined in a comparable case,
SAS v. France (2014). Claiming to have passed the law to ensure the protection of the people and
"respect for a fundamental set of free and open-minded society principles," the French
government has defended its actions. "Respect of the fundamental circumstances of existence as
society," or "le Vivre ensemble" in French, literally translates to "living together" in English, was
said to be the second notion. In order to keep the public safe, the Grand Chamber determined that
a complete ban wouldn't be necessary. We found no infringement of the Convention since there
is a large "margin of appreciation" when it comes to a country's social organization and the
interactions and living arrangements of its residents. While some could interpret the ruling as
limiting Muslim women's religious freedom in France, many will rejoice at the newfound focus
on human rights. For this reason, SAS should be acknowledged for the court's departure from
precedent, as seems to be replete with biassed views toward Islam in general rather than
promoting the manifestation of personal rights.

The Supreme Court handed down its decision in the matter of Osman lu and Kocabas v.
Switzerland in January of 2017. The problem started when the authorities did not create an
exemption for Muslim parents who refused to enroll their adolescent girls in the mandatory
mixed swimming courses. Even though Article 9(1) was referenced, the State's measures are
warranted under Article 9. (2). When it came to the petitioners' concerns about the religious
implications of their daughters' enrollment in mixed swim classes, the court ruled that the
ESSAYS 01-09

administration was quite accommodating, even allowing the girls to wear bikinis. The Supreme
Court determined that schools and educators within a state had considerable leeway (a "margin
of appreciation") to determine the proper place and function of religion in society and its
relationship to the state. In line with its other decisions on comparable situations, the ECtHR has
issued this judgment. The Court also has an ongoing obligation to emphasize the wide discretion
governments have in these cases. Although the Court recognizes the importance of Article 9, it
finds the state's reaction to be acceptable.

The delicate nature of the religious question has been with us from the beginning of time till the
current day. Since this is a delicate subject, we tread cautiously so as not to offend anyone's
religious beliefs. Traditions of other religions' customs, rather than blindly embracing them, have
persisted throughout history. Permitting a religion in a certain location has traditionally been
done in order to keep the peace, rather than because it's a fundamental human right. However,
things are changing quickly; rules no longer apply; religion is everyone's first priority; and this
system has been successful up to the point of intentional discrimination. Some treaties' clauses
address religious freedom as a human right. Beyond the 1981 Declaration on the Elimination of
All Forms of It and of Discrimination based on Religion or Belief, no specific treaty has been
prepared at this time. Furthermore, this treaty is incomplete; it just recognizes the right to
nondiscrimination and does not address the right to religious freedom. The unwillingness of
believers in diverse faiths to recognize the autonomy of other religions is shown by the support
of religion as a source of discrimination. Despite the fact that religious treaties and covenants lay
down certain regulations. Article 2 of the Universal Declaration of Human Rights (UDHR) and
similar documents uphold the right to freedom of religion and other fundamental beliefs without
respect to context. A person has the right to "change religion or belief as per conscience," as
affirmed in article 18. Even though Saudi Arabia is not a signatory to the UDHR, it is safe to
assume that this clause caused instability in a number of Islamic governments. The inconsistency
arose because, according to Islamic shariah law, no Muslim may engage in such behavior.
Although the ICCPR only noted that "a religion or belief of choice can be adopted" in article
18(2), the same problem remained with this provision. The discontinuation or shifting of belief
was not the subject of any further dispute. Islamic regimes nevertheless saw this provision's
interpretation as censorious. under addition, the right to "change one's beliefs or religion as per
ESSAYS 01-09

conscience" is upheld under article 9(1) ECHR. Here we return to article 18 of the UDHR once
again.

The African Charter and the American Convention both have clauses that deal with the
preservation of religion. The CCPR General Comment No.22, on the other hand, interprets the
contentious article 18 of the ICCPR. It clarifies that people are free to change their religious or
philosophical affiliations whenever they see suitable. "Morals, rights fundamental to public
health or security" cannot be used to uphold this, according to article 18(3), which is a deviation
from article 18(2). The committee's endorsement is necessary for the implementation of article
18(3) to proceed without prejudice. In the case of Raihon Hudoberganova v. Uzbekistan, the
exception was used when a girl wearing the "hijab" was requested to remove it because it was
against the institution's conditions. This action was seen as a violation of article 18 by
Uzbekistan. The case of Kokkinakis v. Greece might be seen as illustrating the impact of article
9(1) of the ECHR. An individual engaged in proselytism was subject to governmental action,
which violated article 9 of the ECHR. This was done because everyone has a religious
conscience; it makes no difference whether someone publicly teaches their religion or not; in the
end, people will chose willingly, not forced. The court's action was commendable. However, the
directive to remove the scarf when educating adolescents was upheld in the Dahlab v.
Switzerland ruling. Because impressionable children are easily influenced by their surroundings,
it was permitted.

There is a serious violation of religious emotions and beliefs by certain states that need attention,
apart from the ECHR's authority. A prominent Indian politician who is now in power uttered
slurs against the revered figure of Islam's last prophet, Hazrat Muhammad (PBUH), not long ago.
When a nation has a Muslim population of fifteen percent, this becomes much more problematic
since it goes against the freedom to religion. Something that happened not long ago, in 2020,
when Indian security agents brutally attacked Muslims and forced them to sing the "Indian
anthem." As far as religion is concerned, this is not freedom. The government of India has also
tried—and is currently trying—to destroy Muslim houses of worship (also known as "mosques")
and replace them with Hindu temples. A similar situation exists for Uyghur Muslims, who are
subject to severe persecution and are forbidden from practicing their faith. The assault on a
mosque in New Zealand that occurred while Muslims were praying clearly aims to impede
ESSAYS 01-09

Islamic worship in the state as a whole. The 86-year wrongful imprisonment of young scientist
Afia Siddique for fabricating a case against her is just one example of the many religiously
motivated abuses suffered by Muslims in the United States. On top of that, her health has taken a
nosedive due to the harsh treatment she received while inside. Also, the travel restriction that
Muslims are now facing is very unacceptable. This is in addition to the fact that Christians in
Iran also face persecution. Because they were practicing their faith, the Christians were punished.
The UN has responded to these transgressions in Iran and is working to achieve a favorable
conclusion. German and French officials have also sought to legitimize antisemitism. In the latter
part of the twentieth century, anti-Zionist movements were also visible in France. The brutal
murder of a Sri Lankan in Pakistan over a religious disagreement is completely unacceptable.
The statistics show that 90% of the world's nations have policies that discriminate against
religion.

Essay 07: Refugees & United Nations

What follows is a discussion of the refugee and asylum seeker idea from a legal perspective, in
response to the question. On top of that, it is believed that several groups are working to curb the
violation of refugees' rights, such as media outlets and international organizations. Legal
safeguards established by international constitutions aim to protect anyone who could be
adversely affected by violations of refugees' rights. The following response will argue strongly in
favor of the following convention's 1951 convention and 1967 protocols. In addition, the
problem of locating the missing persons will be the primary emphasis of our response. As far as
legal interpretations of refugee rights are concerned, the 1951 agreement provides the most
fundamental framework. The events of World War II constitute the historical development of the
following legislation.
ESSAYS 01-09

Individuals uprooted by World War II and subjected to violations of their refugee rights were not
protected at that time. a "convention pertaining to the statues of refugees coming from Germany
1938" and a "convention relating to the international status of refugees 1933" are described.
There were two groups that came to the aid of the displaced people: UNRRA and IRO. Anyone
who was declared a refugee while outside of their home country before to January 1, 1951, does
not have the protections afforded to refugees after that date. As a result of the widespread
violations that took place in the 1950s and 1960s, new legislation protecting refugee rights was
drafted and passed with the "optional protocols" in an effort to broaden the scope of the existing
legal framework. Many see the 1951 convention as having as its primary goal the elimination of
refoulment. Refoulement is a legal idea that governments that are part of the organization have a
duty not to repatriate refugees. However, it should be mentioned that the refoulement concept
does not deliver foolproof protection for refugee rights. In particular, the aforementioned rule
applies exclusively to displaced persons who are physically located within the geographical
authority of the various states at the present time.

People at the borders or in the midst of attempting to seek refuge beyond the jurisdiction are not
covered by the aforementioned regulation. Conformity to current legal norms is a prerequisite for
the assessment of refugee status. A person is entitled to protection under customary law and the
1951 Convention after they have been determined to be a refugee according to the
aforementioned criteria. A person's right to seek refuge is beyond the purview of the treaty. One
of the many reasons for this is because there is no treaty organization that can keep an eye on the
situation with refugees. Domestic authorities have been tasked with protecting refugees' rights as
a result of this legal disaster. Given the above-mentioned legal quagmire, member states are free
to interpret traditional law in a way that takes into account their unique financial, cultural, and
political contexts, so long as they uphold the universal obligation of "good faith" in relation to
international law. The load is too great; thus member nations are hesitant to let the migrants in.
The world's community has since been working to maintain peace and stability. By using the
criteria laid forth in Article 1 of the treaty, it is possible to identify the refugees. The preceding
discussion established that the aforementioned article's provisions determined the refugees, but
that the legal obligation to determine, as outlined in the specific arrangements made on "12-05-
1926 and 30-06-1928," was not restricted in any way.
ESSAYS 01-09

"Subjective and objective formulation" are the two defining characteristics that have been
codified into law in relation to refugee determination. To be recognized as a refugee, one must
demonstrate a "well-founded fear of the persecution," which is a crucial but obligatory condition.
According to the convention's rules, neither "well-founded fear" nor "persecution" are legally
defined. On what these needs are founded on various situations, which vary from person to
person. On top of that, the presence of fear may be shown with the use of objective explanations.
The multidimensional approach test can be used to determine this aspect. This legal concept
identifies "personal beliefs, genealogy, and participation related to any religious, political, or and
cultural organizations" as a consideration that might be used to assess the component that people
fear.

Furthermore, the following dispute might be summarized as follows: in order to determine

whether a person is a refugee or not, member states are obligated to satisfy the following
responsibilities. Part two of the response will show how people argue over how to define
persecution when they are unsure of what it means. According to the convention's rules,
persecution might be justified based on "race, religion, nationality as well as membership of
social groups"—the specific characteristics listed. Legal precedent from the case of De Schutter
establishes the need of guaranteeing people's civil and political rights. He has stressed that a
stronger case of persecution may be established when it is associated with civil and political
rights. Various legal perspectives on the idea of social group membership are available. To
address these kinds of problems, member states have offered a variety of solutions.

In its earlier decisions, the Court of Appeals (COA) defined "well-founded fear" and
"persecution" in the contexts of "R v Secretary of state for the home department" and "Ex Parte
Sivakumatran," respectively. There must be a "reasonable degree of likelihood" of persecution in
order for the court to rule on a case. This means that the presumption of persecution will be used
if the possibility of persecution is proven. "Strong test" is the label given to the following
requirement by a number of opponents. Lord Rdger also used this same line of reasoning in his
earlier ruling in the HJ (Iran) issue. The fact that there are certain cases when the status of
refugees is dissolved is not necessarily bad with this specific approach. In many cases, the
refugee has sought shelter inside the borders of their own country, either because they are
citizens or because they have made that country their permanent home. We have been informed
ESSAYS 01-09

of the purported occurrence of crimes, including those pertaining to war, crimes against
humanity, and violations of the preamble or purpose of the United Nations Charter. The
preceding discussion presupposes, however, that no treaty organization has been established to
oversee the implementation of convention law in the member states. Strict testing, as dictated by
international agreements or put into practice by a number of nations, fails to benefit refugees and
calls for major changes. Here we'll talk about the protections that people who have been
displaced inside their own country enjoy according to international law. It should be mentioned
that those who are domestically displaced do not qualify as "Refugees" since they do not have to
cross any international border. Humanitarian aid is required for the client in this situation.
Statistics show that yearly, natural calamities like floods and earthquakes force a large number of
people to flee their homes inside the neighborhood.

Mainly focusing on the "prohibition of refoulement" was the 1951 convention. According to the
"principle of refoulement," member nations are required by law to not return the refugees to their
home countries. Furthermore, the "principle of refoulement" does not provide enough protection
for the rights of refugees. The "displaced individuals" who are physically positioned inside the
state's borders are probably the only ones this idea applies to. According to convention 1951, a
person must meet a "contemporary legal threshold" in order to be considered a refugee and
receive protection under "conventional laws." Whoever sets the merit of "contemporary
standards" will be eligible.

PROBLEM WITH REFUGEES

Convention Issues Relating to Asylum Seekers Are Not Handled Within the "scope" of the
Convention. As an example, consider the fact that no treaty organization was established to
address the unique challenges posed by refugees. Because the constitutional and legal systems
failed to protect the rights of the refugees, it fell on national authorities to do so. In light of the
aforementioned legal failure, member states are now free to alter and reform the "conventional
laws" in accordance with their "social, monetary, cultural, and political positions" while still
upholding the worldwide obligation of "good faith" in relation to international law. Concerns
ESSAYS 01-09

about the potential for enormous financial strain are making member states wary of granting
asylum to migrants. Achieving a balance between the "Territorial integrity doctrine and Doctrine
of responsibility" has therefore been an objective of the "international community" in the interest
of protecting the rights of homeless people. Identifying a person as a refugee is described in
"Convention article 1" of the relevant policies. The recognition of refugee status is contingent
upon "contemporary standards" such as "proofs issues in 1926, on 12th possible and in 1928, on
30th June" (among other things). When determining a refugee's status, both "subjective and
objective interpretations" are taken into account. As a fundamental condition for the
identification status of the refugees, "accurate fear of persecution" is taken into account.

In addition, the following ideas related to "Well-founded fear and persecution" have not been
explicitly defined by "Convention." The standard of "well-founded fear" depends on the unique
circumstances of each person. Therefore, a subjective evaluation of the individual is necessary
for determining whether they experience "well-founded fear" or not. The current state of
circumstances in the refugee's home country or the place where the specific refugee was
previously stationed is often deemed irrelevant for drawing conclusions based on the treaty
governing regulations. There is a lot of room for subjective interpretation in the refugee
protection zone, which is making it harder to pin down exactly what the campaign is trying to
accomplish and endangering the rights of refugees. As a result of the necessity that asylum
seekers and refugees provide "Objective reasons" for their "fear and terror" concerns, it follows
that an examination of fear based on objective criteria is necessary. Furthermore, it is crucial to
use a "multifactorial approach" while conducting assessments.

PERSECUTION

The concept of "persecution" is fraught with ambiguity, which will be further examined and
resolved via critical thinking. As the convention has already said, "persecution" should always be
based on "religion, race, nationality, and membership in social groups" as well as the other
characteristics. "De Schutter" affirms that the aforementioned considerations included in the
convention must pertain to the "civil and political rights of an individual" and are therefore
suitable. Moreover, he elaborated by saying that, from his point of view, "civil and political
rights" are the best indicators of impending persecution. When it comes to the element of
ESSAYS 01-09

"membership of social groups," different people still have different opinions. In this regard, the
various member nations have so established a number of criteria. In its decision on the matter of
"R v Secretary of State for the Home Department, Ex Parte Sivakumaran," the Court of Appeals
recognized many guidelines and concepts that might be used to determine what constitutes well-
founded fear and persecution.

Persecution must be grounded on at least one of the aforementioned factors, as emphasized at the
convention. The judges reached a "reasonable degree of likelihood" conclusion in order to prove
persecution. The criterion of probability of persecution must be fulfilled in order for the necessity
of persecution to be recognized. At least two observers used the term "stringent test" to describe
this measure. Even in the instance of "Hj (iran)" from the vantage point of "Lord Rodger," the
aforementioned tactic is maintained. It is critical to think about and recognize all of the specific
instances when a refugee's identity is at danger of being lost. Such situations include cases when
refugees should have sought asylum in of their own country. No convention-based treaty has
been drafted for the purpose of implementing, executing, supervising, or monitoring
Conventional legislation. Also, the "stringent test" that was set up by the convention needs to be
changed since it doesn't appear to help with refugee issues, even though many member states
have been using it. People Forced to Flee Their Homes The process by which "internally
displaced persons" (IDP) are granted protection by international law will be further examined
critically. The internally displaced people are not referred to be refugees as it is believed that they
have not crossed any international borders. People who have been "displaced" need to get
"humanitarian support" in this situation. Data study also shows that most people are "displaced"
while still within their own nation due to natural disasters like floods and earthquakes.
Nevertheless, the IPHR exhibits reluctance to get involved in this particular scenario.

From the perspective of "G. S. Goodwin," refugee laws impact the "state's interest, public law,
and human rights violations," and hence are seen as an essential component of IPHR. As a result
of the mechanism's ineffectiveness in enforcing such laws, countries routinely disregard refugees
and their plight in favor of their own financial interests, which leads to a never-ending cycle of
lawbreaking. Furthermore, no worldwide community has ever helped the nations who are in a
perpetual state of crisis; instead, everyone has just watched as they suffer. Because these rules are
just words on paper and not a living, breathing entity, no established system has been put in place
ESSAYS 01-09

to ensure that they are adequately implemented, and the refugee community has been left to fend
for itself.

Essay 09: Nature of Human Rights & United

Nations
Human rights, according to Donnelly J. in "universal human rights in theory and practice," are
universal, obvious, and unalienable. Since everyone is born with inherent human dignity, all
people have the same set of rights. Universalist view Every country in the world recognizes the
Universal Declaration of Human Rights as a convention protecting human rights. It establishes
the indisputable reality of human rights independent of philosophical frameworks, cultural
norms, and religious beliefs. Furthermore, the rights exist independently of any positive
ESSAYS 01-09

legislation; in fact, they are older than that law. As long as there are vulnerable human beings,
there will be human rights. That is why it may put the whole human race in jeopardy if we do not
provide enough safety to them. Despite the obvious need for such a Universal Proclamation in
light of the systemic violations of human rights that occurred during World War II, none was
issued. Contrary to this, cultural relativists contend that universal rights for people do not exist.

It was in 1993 during the Vienna summit that the United Nations proclaimed human rights,
marking its 45th anniversary. There were two key reasons why Singapore, China, Malaysia,
Cuba, and the Soviet Union at the time dissented upon the universal statement of human rights at
the conference. First, the economic and social rights were not given the same weight as civil
liberty in the statement. The statement failed to address other essential human rights, such the
right to food and clean water, in favor of those associated with civil freedoms, hence this seems
to be an actual grievance. The second point of contention was the fact that human rights are
context-dependent, meaning they cannot be applied in a vacuum independent of societal,
political, and historical factors. The contrast between Islamic and Western nations provides
evidence of this. In Islamic nations, for instance, women do not have the same rights as males
when it comes to matters like polygamy. The idea of universal rights is obviously at odds with
this. This lends credence to the opposing state's position. Regardless, the summit proclaimed
human rights to be applicable everywhere. Judge Rosalyn Higgins claims that the ICCPR and
ICESCR, two covenants ratified in 1966, were based on these competing views. Rather than
leading to a rejection of the concept of human rights as a universal principle, this disagreement
became the fallout from a number of regrettable events that happened all across the world. The
answer will take into account the idea that the fundamental difference is not with relativity within
cultures and human rights' generalization, but rather between different interpretations of
universalism, since relativist arguments borrow ideas from universals.

CULTURALISM

Hannah Arendt argues that it is easy to forget that people may either dominate or assimilate into
other cultures. The unenforceability of inalienability suggests that people need to have the option
to choose between different value systems. One may argue that Hannah's thesis is too
individualistic and libertarian. But she gets right down to brass tacks, which is the essence of
human rights: people. Personality traits Locke, Mason, and Lilburn are only a few of the early
ESSAYS 01-09

thinkers who have analyzed natural rights from the perspectives of inherent Ness, transferability,
and neutrality. This helped subsequent thinkers understand the notion of inalienability by
focusing on human rights and the nature of the human being. This question is still up for dispute,
which highlights the merits and shortcomings of modern philosophers. A person has to have
made a substantial contribution, both to himself and to society as a whole, of their own will,
according to one line of reasoning, before they may claim certain rights. No one has been on
board with the concept of granting equal rights to babies, persons in permanent coma, or those
with significant cognitive impairments. Cognitive analysis, rather than biological differences
(e.g., great animal strength, human power, or sexual dichotomies), might now be used to
determine what it means to be inhuman. This is an example of the practical application of the
principle of transferability of rights; in such cases, victims have both their unique identity and
their fundamental rights taken away.

According to Hannah Arendt's thesis, the very right to have rights is the sole real right. In the
aftermath of the Holocaust, Hannah Arendt developed the most enduring idea of inalienability.
After seeing the refugees' denial of rights due to their lack of a sovereign state, she made her
case. This was due to the fact that the free national state was now a prerequisite for the provision
of rights. Humans are inherently political beings, according to Jacques Rancier, hence it is
impossible to depoliticize them or deny them their rights—even if they do not have a state. This
is among the strongest arguments against Hannah Arendt's idea.

The indivisibility principle states that all rights must be applied concurrently for the human rights
system to work properly. When discussing breaches, the term "indivisibility" refers to the belief
that no human right can be completely advanced or executed until every other right has been
done the same. The proponents of indivisibility as a fundamental human right contend that a lack
of it renders human rights implementation inadequate and disorganized. If rights are not seen as
indivisible and as applying continuously, governments may unfairly prioritize certain rights over
others. In order to safeguard and defend human rights, indivisibility is a must. The concerns of
human rights hierarchy and partial implementation of some rights are at the heart of this
indivisibility dispute. Nickel, who challenges the concept of indivisibility, has presented several
compelling reasons in support of this. The interior and suspension of a vehicle, for instance, are
not mutually exclusive; in fact, each component is necessary for the car to function properly.
ESSAYS 01-09

Although they may be dependent on one another, there are no permanent ties. Imposing Western
ideals on others who may or might not benefit from them is, to put it simply, not justifiable. This
leads us to believe that human rights should be evaluated on an individual basis rather than a
global one, and that access to rights should be based on what is most practical for each person.
According to Amartya Sen, people's rights have to be predicated on their genuine capacities.
When people in developing nations go without food and shelter, there's no need in granting them
the right to vote. It is likewise pointless to try to force western principles on everyone without
considering their unique circumstances. This was the position of many liberal academics, such as
Allen Gilbert and Jack Donnelly, and it was a strong argument when counterarguments were
presented at the Vienna conference.