JD 126 HUMAN RIGHTS LAW (JD1)

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NAME: SUBJECT: HUMAN RIGHTS LAW
JD1- BLOCK 1_[SAT 1:00-3:00] INSTRUCTOR:

FINAL EXAM_PART 1
RESEARCH QUESTIONS

1. Cite the reasons why the reaffirmation of the fundamental human rights was one of the
main objectives of the organization of the United Nations.
2. What is the Universal Declaration of Human Rights
3. What documents compose the International Bill of Right?
4. Enumerate 5 fundamental human rights and explain each briefly
5. What international instruments have been adopted to serve as legally binding treaties on
the countries that have ratified them?
6. Enumerate at least 3 hindrances to the enforcement of the human rights International
instruments and discuss each briefly.
7. Cite 3 remedies to deal in the hindrances in the enforcement of human rights. Discuss
each briefly.

ANSWERS

1. Reasons why the reaffirmation of the fundamental human rights was one of the main
objectives of the organization of the United Nations.

a) To maintain international peace and security, and to that end to take effective collective
measures for the prevention and removal of threats to the peace, and for the suppression of
acts of aggression or other breaches of the peace, and to bring about by peaceful means,
and in conformity with the principles of justice and international law, adjustment or
settlement of international disputes or situations which might lead to a breach of the peace.

b) To develop friendly relations among nations based on respect for the principle of equal
rights and self-determination of peoples, and to take other appropriate measures to
strengthen universal peace.

c) The Human Rights is a lifetime for every individuals in the dignity and worth of the human
person, in the equal rights of men and women and of nations large and small, and to establish
conditions under which justice and respect for the obligations arising from treaties and other
sources of international law can be maintained, and to promote social progress and better
standards of life in larger freedom.

d) To encourage respect for human rights and for fundamental freedoms for all without
distinction as to race, sex, language, or religion, and to encourage recognition of the
interdependence of the peoples of the world and for promoting the political, economic,
social, and educational advancement of the inhabitants of the trust territories, and their
progressive development towards self-government or independence as may be appropriate
to the particular circumstances of each territory and its peoples and the freely expressed
wishes of the peoples concerned.

e) To ensure equal treatment in social, economic, and commercial matters for all Members
of the United Nations and their nationals, and also equal treatment for the latter in the
administration of justice and without prejudice.

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2. Universal Declaration of Human Rights

“The power of the Universal Declaration is the power of ideas to change the world. It inspires
us to continue working to ensure all people can gain freedom, equality and dignity."

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of
human rights. Drafted by representatives with different legal and cultural backgrounds
from all regions of the world, it set out, for the first time, fundamental human rights to be
universally protected. The Universal Declaration of Human Rights (UDHR) is widely
recognized as having inspired, and paved the way for, the adoption of human rights
treaties. It is important to have this Universal Declaration of Human Rights (UDHR) as a part of
the living.

It was proclaimed that this Universal Declaration of Human Rights (UDHR) as a common standard
of achievement for all peoples and all nations, to the end that every individual and every organ
of society, keeping this Declaration constantly in mind, shall strive by teaching and education to
promote respect for these rights and freedoms and by progressive measures, national and
international, to secure their universal and effective recognition and observance, both among
the peoples of Member States themselves and among the peoples of territories under their
jurisdiction.

Nothing in this Declaration may be interpreted as implying for any State, group or person any
right to engage in any activity or to perform any act aimed at the destruction of any of the
rights and freedoms set forth herein. Everyone is entitled to all the rights and freedoms set
forth in this Declaration, without distinction of any kind, such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political, jurisdictional or
international status of the country or territory to which a person belongs, whether it be
independent, trust, non-self-governing or under any other limitation of sovereignty.

3. Documents compose the International Bill of Right

a) Universal Declaration of Human Rights

The Universal Declaration of Human Rights was adopted and proclaimed by the General
Assembly as a common standard of achievement for all peoples and all nations, to the end
that every individual and every organ of society, keeping this Declaration constantly in mind,
shall strive by teaching and education to promote respect for these rights and freedoms and
by progressive measures, national and international, to secure their universal and effective
recognition and observance, both among, the peoples of Member States themselves and
among the peoples of territories under their jurisdiction.

b) International Covenant on Economic, Social and Cultural Rights [ICESCR]

It ensures the enjoyment of economic, social and cultural rights, including the rights to
education, fair and just conditions of work, an adequate standard of living , the highest
attainable standard of health and social security. Everyone has the right to a standard of
living adequate for the health and well-being of himself and of his family, including food,
clothing, housing and medical care and necessary social services, and the right to security in
the event of unemployment, sickness, disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control. The International Covenant on Economic,
Social and Cultural Rights [ICESCR] is one of the most influential and comprehensive
international documents in the area of social and economic rights.

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The economic, social and cultural rights embodied in the International Covenant on
Economic, Social and Cultural Rights [ICESCR]are based on a perspective according to
which people can enjoy rights, freedoms and social justice simultaneously. Protection of
economic, social and cultural rights has been deemed necessary as the right to live a
dignified life can never be attained unless all basic necessities of life – work, food, housing,
health care, education and culture – are adequately and equitably available to everyone.

c) International Covenant on Civil and Political Rights [ICCPR] and Optional Protocol to the
International Covenant on Civil and Political Rights

It enables people to enjoy a wide range of human rights, including those relating to
Freedom from torture and other cruel, inhuman or degrading treatment or punishment, fair
trial rights, freedom of thought, religion and expression, privacy, home and family life, and
equality and non-discrimination. The ICCPR aims to ensure the protection of civil and political
rights including the freedom from discrimination. Right to equality between men and women.
Right to life

ICCPR has two Optional Protocols, which are additional treaties that provide further rights or
[Link] first Optional Protocol allows people to complain directly to the Human Rights
Committee if they believe their rights have been violated. It can only be used when all
domestic channels have been exhausted[The UK has not signed up to this]. The second
Optional Protocol deals with the abolition of the death penalty [This has been ratified by the
UK].

4. 5 Fundamental Human Rights

a) Human Dignity

Human dignity captures the notion that every human being is uniquely valuable and
therefore ought to be accorded the highest respect and care that is tied solely to their
humanity. It has nothing to do with their class, race, gender, religion, abilities, or any other
factor other than them being human. The term “dignity” has evolved over the years. “All
human beings are born free and equal in dignity and rights.” Human dignity justifies human
rights.

The dignity of the human person is not only a fundamental right in itself but constitutes the
real basis of fundamental rights. It was enshrined that human dignity in the preamble in
Universal Declaration of Human Rights (UDHR), whereas recognition of the inherent dignity
and of the equal and inalienable rights of all members of the human family is the foundation
of freedom, justice and peace in the world.

b) Right to Life, Liberty and Security

Under the Constitution in the Bill of Rights, Section 1. of Article 3 provides that “No person shall
be deprived of life, liberty, or property without due process of law, nor shall any person be
denied the equal protection of the laws”.

Everyone has the right to life and to live in freedom and safety. The right to life is one of the
most fundamental human rights enshrined in international law. Every person has the right to
have his life respected. This right shall be protected by law and, in general, from the
moment of conception. No one shall be arbitrarily deprived of his life. In countries that have
not abolished the death penalty, it may be imposed only for the most serious crimes and
pursuant to a final judgment rendered by a competent court and in accordance with a law
establishing such punishment, enacted prior to the commission of the crime. Every person

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condemned to death shall have the right to apply for amnesty, pardon, or commutation of
sentence, which may be granted in all cases. Capital punishment shall not be imposed
while such a petition is pending decision by the competent authority.

c) Freedom from Slavery and Torture

No one has the right to treat you as a slave nor should you enslave anyone .No one shall be
held in slavery or servitude and No one shall be required to perform forced or compulsory
labour. Slavery, forced labor and human trafficking are violations of human rights because
these acts strip human beings of their inherent rights. It is prohibited therefore, no one shall
be subjected to torture or to inhuman or degrading treatment or punishment.

d) Rights to Equal Protection

Equal Protection refers to the idea that a governmental body may not deny people equal
protection of its governing laws. The governing body state must treat an individual in the
same manner as others in similar conditions and circumstances.

Equal protection simply requires that all persons or things similarly situated should be treated
alike, both as to rights conferred and responsibilities imposed. It requires public bodies and
institutions to treat similarly situated individuals in a similar manner. The purpose of the equal
protection is to secure every person within a state’s jurisdiction against intentional and
arbitrary discrimination, whether occasioned by the express terms of a statue or by its
improper execution through the state’s duly constituted authorities. In other words, the
concept of equal justice under the law requires the state to govern impartially, and it may
not draw distinctions between individuals solely on differences that are irrelevant to a
legitimate governmental objective.

Thus, the right to equal treatment requires that all persons be treated equally before the law,
without discrimination. The principle of equality and non-discrimination guarantees that
those in equal circumstances are dealt with equally in law and practice. However, it is
important to stress that not every distinction or difference in treatment will amount to
discrimination. In general international law, a violation of the principle of non-discrimination
arises if: a) equal cases are treated in a different manner; b) a difference in treatment does
not have an objective and reasonable justification; or c) if there is no proportionality
between the aim sought and the means employed. These requirements have been expressly
set out by international human rights supervisory bodies.

e) Freedom of Opinion and Expression

Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in teaching, practice, worship and
observance. Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart information and
ideas through any media and regardless of frontiers.

The right to freedom of opinion and expression is a complex right that includes the right to
seek, receive and impart information and ideas of all kinds and through whatever medium.
This means, inter alia, that when an individual’s right to freedom of expression is unlawfully
restricted, the right of others to ‘receive’ information and ideas is also violated.

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5. The international instruments have been adopted to serve as legally binding treaties on
the countries that have ratified them.

The international human rights movement was strengthened when the United Nations
General Assembly adopted of the Universal Declaration of Human Rights (UDHR) Drafted
as a common standard of achievement for all peoples and nations, the Declaration for
the first time in human history spell out basic civil, political, economic, social and cultural
rights that all human beings should enjoy. It has over time been widely accepted as the
fundamental norms of human rights that everyone should respect and protect.

The INSTRUMENTS or MECHANISMS are the Universal Declaration of Human Rights (UDHR),
International Covenant on Civil and Political Rights and its two Optional Protocols, and
the International Covenant on Economic, Social and Cultural Rights. These are also
called the International Bill of Human Rights.

6. Hindrances to the enforcement of the human rights International instruments .

a) DISCRIMINATION

Discrimination means treating some people differently from others. It isn't always unlawful
after all, people are paid different wages depending on their status and skills. However,
there are certain reasons for which your employer can't discriminate against you by law.
Human rights instruments prohibit discrimination on several grounds. Under the Article 2 UDHR
prohibits discrimination on the following 10 grounds which are race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth and other status.
Discrimination occurs when you are treated less favourably than another person in a similar
situation and this treatment cannot be objectively and reasonably justified. Discrimination
can also occur if you are disadvantaged by being treated the same as another person
when your circumstances are different for example if you are disabled or pregnant. It is
important to understand that the Human Rights Act does not protect you from discrimination
in all areas of your life.

Discrimination is the source of fear especially for people who have undergone it. The
chances are that they will have fear to seek the justice even when they have undergone so
much injustice. Most people will also fear the incidences that brought about the cases of
injustice. Discrimination has a direct contribution to the barriers of communication. This
happens especially when people have an attitude to a specific group of people. A
discriminated person feels inferior. They tend to feel less which also makes them less effective.
Also, people who feel less have a weaker system to stand for what is rightly theirs.
Discrimination brings about imbalance in the allocation of resources. People who live in
specific areas are termed as those that do not deserve and do not get the services they
need. Their rights end up getting more violated in all areas are very high. Most people will
get a chance to manipulate them hence lowering their allocation. Justice never comes
when there is discrimination especially from those that are supposed to execute justice. One
thing are likely to encounter is that the delayed justice because of the slow process. Some
people will deliberately delay the process so that they make some money from it.

Discrimination has a lot of effects when it comes to fulfilment of human rights. Most
discrimination issues never get justice. The effects are extreme because they compromise
the justice system and the whole aspect of implementation of the observance of human
rights.

b) POVERTY AND GLOBAL INEQUITIES

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Poverty erodes economic and social rights such as the right to health, adequate housing, food
and safe water, and the right to education. The same is true of civil and political rights, such as
the right to a fair trial, political participation and security of the person.

This fundamental recognition is reshaping the international community ’s approach to the next
generation of poverty reduction initiatives. Importantly, it looks not just at resources but also at the
capabilities, choices, security and power needed for the enjoyment of an adequate standard of
living and other fundamental civil, cultural, economic, political and social rights.

c) DEMOCRACY DEFICITS

Is an insufficient level of democracy in political institutions and procedures in comparison

with a theoretical ideal of a democratic government. The expression democratic deficit may
be used to denote the absence or underdevelopment of key democratic institutions, but it
may also be used to describe the various ways in which these institutions may fail to function
properly, for example lack of transparency and accountability, technocratic decision
making, inadequate participation of citizens in policy making. Evaluations of the level of
democratic deficit focus on the procedural aspects of democracy, reflected in the
mechanisms of representation and decision making. Therefore, the notion of democratic
deficit encompasses distortions in the flow of influence from citizens to government. As such,
it is closely associated with the issue of democratic legitimacy.

7. Remedies to deal in the hindrances in the enforcement of human rights.

The remedies in the DISCRIMINATION are:

a) Cease and refrain order - This orders the person who discriminated to stop the
discrimination and not to commit the same or similar discrimination again. The Tribunal must
make this order if it finds the complaint justified.

b) Steps or programs to address the discrimination - If the discrimination is part of a pattern or

practice, the Tribunal can order the respondent to take action or adopt a program to fix the
discrimination.

c)Compensation for injury to dignity, feelings and self respect - A complainant gives
evidence about how the discrimination affected their dignity, feelings and self-respect.
The Tribunal considers the circumstances of the case such as:

 The nature of the discrimination

 The vulnerability of the complainant
 The effect of the discrimination on the complainant

The remedies in the POVERTY AND GLOBAL INEQUITIES are:

a) One of the main causes of poverty is inequality. The systemic barriers that lead to groups
of people going without representation in their communities leaves them further behind in
terms of resources and opportunity. In order for a community, or even a country, to alleviate
poverty, all groups and identities must be involved in creating solutions.

b) Policy can reduce inequality by supporting employment and workers, improving

education access and quality, promoting inclusive rural development, strengthening social
protection mechanisms, and addressing inequality of opportunity.

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c) To reduce Inequality because it threatens long- term social and economic development,
harms pov- erty reduction and destroys people's sense of fulfilment and self-worth. This, in
turn, can breed crime, disease and environmental degradation.

The remedies in the DEMOCRACY DEFICITS are:

a) In order to overcome the democratic deficit, should be further politicised by enhancing

the democratic legitimacy of the Commission as well as by promoting a higher level of
participation. True democracy exists when people are free to participate in public affairs
without being restricted by private bodies without accountability.

b) Make the elections more democratic by ensuring that the elected candidates are those
that got the most votes ‒ instead of those who top the lists ‒ and, in first-past-the-post
systems, that the candidates are not imposed by the parties without consultation of the local
party members.

c) Ban referendums for other than personal and family matters, as voters tend to pay little
attention to complex issues and hence do not understand them better than their elected
representatives, while nobody is held accountable for the result. The referendums are
already banned in some member states.