Helsinki Committee for Human Rights

 

 

 

 

 

 

 

 

Human rights

Human rights are moral principles or norms that describe certain standards of human behaviour and are regularly protected as natural and legal rights in municipal and international law. They are commonly understood as inalienable, fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings", regardless of their nation, location, language, religion, ethnic origin or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are regarded as requiring empathy and the rule of law and imposing an obligation on persons to respect the human rights of others, and it is generally considered that they should not be taken away except as a result of due process based on specific circumstances; for example, human rights may include freedom from unlawful imprisonment, torture and execution.

Many groups and movements have managed to achieve profound social changes over the course of the 20th century in the name of human rights. In Western Europe and North America, labour unions brought about laws granting workers the right to strike, establishing minimum work conditions and forbidding or regulating child labour. The women's rights movement succeeded in gaining for many women the right to vote. National liberation movements in many countries succeeded in driving out colonial powers. One of the most influential was Mahatma Gandhi's movement to free his native India from British rule. Movements by long-oppressed racial and religious minorities succeeded in many parts of the world, among them the civil rights movement, and more recent diverse identity politics movements, on behalf of women and minorities in the United States.

The onset of the Cold War soon after the UDHR was conceived brought to the fore divisions over the inclusion of both econonic and social rights and civil and political rights in the declaration. Capitalist states tended to place strong emphasis on civil and political rights (such as freedom of association and expression), and were reluctant to include economic and social rights (such as the right to work and the right to join a union). Socialist states placed much greater importance on economic and social rights and argued strongly for their inclusion.

In 1966, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted by the United Nations, between them making the rights contained in the UDHR binding on all states. However, they came into force only in 1976, when they were ratified by a sufficient number of countries (despite achieving the ICCPR, a covenant including no economic or social rights, the US only ratified the ICCPR in 1992). The ICESCR commits 155 state parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals.

The United Nations Human Rights Council, created at the 2005 World Summit to replace the United Nations Commission on Human Rights, has a mandate to investigate violations of human rights. The Human Rights Council is a subsidiary body of the General Assembly and reports directly to it. It ranks below the Security Council, which is the final authority for the interpretation of the United Nations Charter. Forty-seven of the one hundred ninety-one member states sit on the council, elected by simple majority in a secret ballot of the United Nations General Assembly. Members serve a maximum of six years and may have their membership suspended for gross human rights abuses. The Council is based in Geneva, and meets three times a year; with additional meetings to respond to urgent situations.

The Inter-Americal Court of Human Rights was established in 1979 with the purpose of enforcing and interpreting the provisions of the American Convention on Human Rights. Its two main functions are thus adjudicatory and advisory. Under the former, it hears and rules on the specific cases of human rights violations referred to it. Under the latter, it issues opinions on matters of legal interpretation brought to its attention by other OAS bodies or member states.

The European Convention on Human Rights defines and guarantees since 1950 human rights and fundamental freedoms in Europe. All 47 member states of the Council of Europe have signed this Convention and are therefore under the jurisdiction of the European Court of Human Rights in Strasbourg. In order to prevent torture and inhuman or degrading treatment (Article 3 of the Convention), the European Committee for the Prevention of Torture was established.

is a human social product developed by a process of biological and social evolution (associated with Hume). Human rights are also described as a sociological pattern of rule setting (as in the sociological theory of law and the work of Weber). These approaches include the notion that individuals in a society accept rules from legitimate authority in exchange for security and economic advantage (as in Rawls) Ц a social contract.

Rights which are most often contested with relativistic arguments are the rights of women. For example, Female genital mutilation occurs in different cultures in Africa, Asia and South America. It is not mandated by any religion, but has become a tradition in many cultures. It is considered a violation of women's and girl's rights by much of the international community, and is outlawed in some countries.

 

 

 

 

 

 

 

 

www.helsinski.org.rs | biserkos@eunet.rs

 

 

 

 

 

 

 

 

U.S. HELSINKI COMMISSION TO HOLD HEARING ON HUMAN TRAFFICKING AND TRANSNATIONAL ORGANIZED CRIME

November 2, 2011

10:00 a.m. - 11:30 a.m.

Please join the Commission on Security and Cooperation in Europe for a hearing that explores the nexus between Transnational Organized Crime and Human Trafficking.

Organized Crime has evolved to meet the challenges of globalization and modern technology. In this evolution major international criminal organizations and smaller highly specialized groups of criminal entrepreneurs have found new ways to expand their operations and exploit human beings into slavery. To meet these challenges new national and international strategies have been placed into action, but their results remain to be seen. This continues the Helsinki Commission’s hearing series on new fronts in human trafficking. This hearing will focus on: (1) the evolving nature of Transnational Organized Crime, (2) the role of major international organized crime groups and smaller organized criminal syndicates in human trafficking, (3) identified trends, and (4) strategies to combat these organizations and prevent the trafficking of human beings.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Copyright * Helsinki Committee for Human Rights 2011

 

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