HUMAN RIGHTS--- A Sample Essay
Outline:
1.
Introduction
2.
Human are the rights, which accrue to human being
by virtue of what he is.
3.
Human rights are the standards of permitted and
forbidden actions in a society which are consonant (consistent) with justice, goodness, or reason.
4.
The western tradition traces the roots of the
concept of human rights to the late eighteenth century in the United States and
Europe, particularly France.
a.
People were living without rights in state of nature.
b.
The basic purpose of the state is to defend the rights
of the citizens.
c.
Welfare and democrat state can establish the rights of
the people with any discrimination.
5.
The last sermon of the Holy Prophet (PBUH) on the
eve of “Hajja-tul-Wida” is the first ever declarations of human rights in the
world.
6.
Human rights do not, of course, negate the
sovereignty of states.
7.
Universal Declaration of Human Rights 26th
December 1948.
8.
The present edifice (building,
conceptual structure) of the
international human rights system rests on the foundation of Universal
Declaration of Human Rights.
9.
Whether the situation of human rights in Pakistan has
improved or deteriorated in the last couple of years?
10.
“UNESCO”, “Amnesty International”, The UN
Human Rights Watch Dog are some of international institutions to ensure the
safeguards of human rights in the world.
11.
Demands of Human Rights in a civilized society.
a.
Poverty alleviation.
b.
Free access to justice.
c.
Equal distribution of state sources among the
individuals.
d.
Alleviate the discrimination on the basis of cast,
creed, religion, colour, etc.
e.
Safe guard of fundamental rights.
12.
Life, Food, Shelter, Self-respect, Freedom of
expression etc. are the basic human rights guaranteed by all the constitution
of the world.
13.
Islam and Human Rights.
14.
The Condition of Women’s right in Pakistan
15.
Child labour, violation of women rights i.e.
the rites of “Wanni”, “Karo Kari” etc., are the curse for the society of
Pakistan.
16.
How human rights can be protected
a.
A fair and independent judicial system.
b.
By creating awareness among the people about
their rights.
c.
Rights of the communities must be looked after.
17.
Conclusion.
Introduction:
The
present age is described as the "age of rights" and human rights as
the "only political-moral idea that has received universal
acceptance." The codification of international law relating to human
rights ranks as some of the most signal (noteworthy)
achievements of man in the twentieth century. Founded on the Universal
Declaration of Human Rights (UDHR), which Henry Steiner has described as the
"spiritual parents of other human rights treaties, human rights law is now
an indispensable part of the international landscape. The holy Quran and Sunnah
lay a great stress on the maintenance of human rights and make it essential
obligation for an Islamic government to maintain the system of justice in the
society. A fair, just and independent judicial system is the only safeguard of
the citizens from tyranny and cruelty on the part of the state machinery or
powerful sect of the state. The doctrine of might is right is an outdated
concept and has no place in welfare state as the power of state is standing
behind every one to protect him from any kind of aggression of any one.
Human
rights do not, of course, negate the sovereignty of states, although they
constrain it in important ways. International law does not replace national
law; rather, international law instructs sovereign states on internationally
accepted human rights and, for the most part, leaves it to states to implement
those norms domestically. However, for such an important development, there is
a fair degree of ambiguity about the definition or concept of human rights. It
means different things to different people. Even within a single society the
phrase conjures up (evoke)
diferent images, some truly apocalyptic (prophetic,
revelatory_ serving to reveal), to different people depending on their
political, cultural and religious suasion (formal persuasion as opposed to force).
The Basis of Human Rights:
Essentially,
human rights are about justice. Human rights are also about humans, both in the
individual and the collective sense. Human are the rights, which accrue to
human being by virtue of what he is. These are standards of permitted and
forbidden actions in a society which are consonant with justice, goodness, or
reason. Such standards are morally or socially correct and held to be
justifiably claimed by any person.
The
western tradition traces the roots of the concept of human rights to the late
eighteenth century developments in the United States and Europe, particularly
France. The French revolution resoundingly (unmistakably;
emphatically) proclaimed the slogans of liberty, equality and fraternity
(brotherhood) in the declaration of the
rights of the citizen and man. The constitution of the newly founded United
States of America echoed the same sentiments. The subsequent period was marked
by tremendous progress, human and material, in Europe and North America. The
populations became enfranchised. Barriers between sexes were gradually
dismantled (demolish) though genuine
equality is still a far way off. The Second World War sowed the seed for the
present shapes of the international human rights movements.
The
present edifice (building, conceptual structure) of the international
human rights system rests on the foundation of Universal Declaration of Human
Rights. It is briefe document and if examined objectively not a very impressive
one. However, over the years it has the bedrock of the international human
rights regime. The reason is that it has been owned by nations across the world
and can be said to represent the aspirations of all peoples of the world. The
UN General Assembly adopted it on 10th December, 1948.
UNIVERSAL DECLARATION OF HUMAN RIGHTS 1948:
Almost
every nation of the world has adopted the Universal Declaration of Human Rights
signifies for human respect and dignity. The whole world commemorates the
adoption of Universal Declaration of Human Rights by the United Nations in
1948. This declaration lays stress on every government of the world to create a
society free of human sufferings, deprivations and miseries by envisaging the
policies which may eliminate injustice, poverty from the society. According to
the declaration, every government must establish rule of law and guarantees
fundamental rights to all the citizens.
This declaration speaks loudly about the common standards of freedom of
speech, liberty, life, respect, nationality, right of equal pay for equal work
for everyone, equality before law, etc for every one in the world without any discrimination
of cast, creed, colour, religion etc.
The Condition of Human Rights in the World:
The world
is divided into two kinds of human beings i.e. those who have complete human
rights on one hand and on the other, those who have been denied of any kind of
human rights. The UN's FAO is warning that 27 sub-Saharan countries now need
help. It is African agriculture that is in crisis, and according to the
International Food Policy Research Institute, has left 200 million people
malnourished.
The Human Rights Situation in Pakistan:
The
human rights situation in Pakistan, if the reports international and domestic
human rights NGOs, the international and domestic press, and the documentation
of the UN human rights mechanism are to be believed, is extremely serious. All
human rights are alleged (claimed) to be
violated in Pakistan with impunity (without
having to suffer the normal injurious consequences (of an action).
Here
it is pertinent to point out that a crime committed by one citizen against
another, strictly speaking, is not a human rights violation. It becomes a human
rights violation when the state or agents of the state deliberately do not take
action to correct the wrong or allow the perpetrator (perpetrate = execute) to go free or to avoid justice. A true
human rights violation is one in which the rights of the citizens are violated
by the state or the agents of the state or by persons commissioned by the
agents of the state.
Depending
on how one sees the issues; the biggest human rights violation in Pakistan are
the denial by the state of the rights of citizens of the country to education,
food, housing and health fecilities. On the civil and political front, Pakistan
is particulalrly vulnerable on rights of minorities, the rights of women, the
rights of children, independence of judiciary, arbitrary detention,
extra-judicial and summary execution, torture and custodial deaths. Following
few instances would support this claim.
1.
About 30,000 women die every year
in Pakistan due to complications in delivery and thousands of others develop
life-long disability because of pregnancy-related problems. This was stated by
the secretary general of the Pakistan Medical Association, Dr Sher Shah Syed.
2. Pakistan's poor position was seen in
UNDP's gender-related development index (GDI) 2005, where Pakistan currently
ranks 135 out of 174 countries.
3. About 25 per cent children were born
with low birth weight due to maternal problems and 10 per cent of children do
not reach their first birthday.
4.
Malnutrition is a major public health problem in
Pakistan that disproportionately affects women and girls. Article 39 of the
Constitution guaranteed provision of healthcare to all the citizens without any
discrimination.
5.
Until July 2000, Pakistan was also one of the six
countries in the world to allow execution of children. However, with the
promulgation of the “Juvenile Justice System Ordinance 2000” this anomaly (the state of being odd) has been corrected.
The Last Sermon of the Holy Prophet:
The
last sermon of the holy prophet (PBUH) is undoubtedly the first and foremost
declaration of human rights, given to mankind 1400 years ago. Khutba
Hajja-tul-Wida is one of the most important occasions in the history of Islam.
The holy prophet clearly negated all kinds of human discriminations on the
basis of cast, creed, tribe etc.
He said:
“O’
people, Allah has created you from one male and one female and made you into
tribes and nations, so as to be known to one another. There is no superiority
for an Arab over a non-Arab, nor for the white over the black nor for the black
over the white except in God-consciousness.”
Efforts of the Government:
In
pursuance of the last sermon of the holy prophet (PBUH) and in accordance with
the constitution of Pakistan and the Universal Declaration of Human Rights, the
government stands committed to the promotion and protection of human rights. It
would be relevant to consider the question whether the situation of human
rights in Pakistan has improved or deteriorated in the last couple of years. We
can say with a reasonable degree that situation has become marginally better. Some
of the positive developments are as under:
1.
The promulgation of the Juvenile Justice System
Ordinance 2000.
2.
The reservation of 33% seats for women in the local
bodies elections.
3.
The resurrection (a
revival after disuse, inactivity) of reserved seats for women in the
provincial and federal legislatures.
4.
The abolition of the system of separate electorates for
the minorities.
5.
The reservation of seats for minorities in the
provincial and federal legislatures.
6.
The relatively free state of the press.
7.
The proactive (of a
person, policy, etc.) creating or controlling a situation by taking the
initiative) role being played by the superior judiciary in taking
cognizance (notice) if human rights
violation. The manner in which Chief Justice of Pakistan taken not of the
Meerwala incident is the single most important development in the human rights
field in Pakistan.
8.
Establishment of Human rights development ministries
and departments both at provincial as well as National level.
The Reasons of Worse H R’s
Condition in Pakistan:
Pakistan’s
record in the area of HR’s over the past six decades has suffered because of
several factors.
1.
The provisions in the chapter on fundamental rights are
inadequate.
2.
For two decades, Fundamental Rights remained suspended
under Proclamation of Emergence or Martial Law that restricted the courts’
powers to enforce them.
3.
Some of the FRs could not be enforced for the lack of
laws and procedures required for their implementation. For example, there was
no law to enforce the right of the protection against forced labour until the Bonded
Labour Abolition Actof 1991.
Rights Protection Methods
However, the
question still remains as to how the Pakistani society should rid itself of the
endemic human rights violation. There are no shortcuts. Many countries have now
realized those all-positive governmental actions have a significant human
rights content. For instance, free and compulsory primary education policies cater
to (deal with) the right of
education. Poverty eradication programmes
fulfil the objective of ensuring the population’s right to food and
housing and an adequate standard of living. Various
methods to advance and protect human rights are available:
1.
During state of war:
During violent conflict, to protect refugees
and war victims from any surrounding violence in their communities can
sometimes help to safeguard human lives.
2. Lecture on H R should be
included in the Syllabus:
Education
about human rights must become part of general public education. Technical and
financial assistance should be provided to increase knowledge about human
rights.
3. Member of Police and Army
should be trained on H R.
Members
of the police and security forces have to be trained to ensure the observation
of human rights standards for law enforcement. Research institutes and
universities should be strengthened to train lawyers and judges. To uphold
human rights standards in the long-term, their values must permeate (spread throughout) all levels of society.
4. Discussion among ethnic
groups:
Dialogue
groups that assemble people from various ethnicities should be organized to
overcome mistrust, fear and grief in society. Getting to know the feelings of
ordinary people of each side might help to change the demonic (telepathic) image of the enemy group. Dialogue also helps
parties at the grassroots level to discover the truth about what has happened,
and may provide opportunities for apology and forgiveness.
5. Role of Press and other
institutions:
External
specialists can offer legislative assistance and provide guidance in drafting
press freedom laws, minority legislation and laws securing gender equality.
They can also assist in drafting a constitution, which guarantees fundamental
political and economic rights.
6. International war crimes tribunals:
International
war crimes tribunals are established to hold individuals criminally
responsible for violations of international human rights law in special courts.
The international community rarely has the will to create them. As the
experiences with the war tribunals for Rwanda and Yugoslavia indicate, even
where they are created, they are imperfect. They cannot hold all perpetrators
accountable and typically aim for the top leadership. However, it remains
difficult to sentence the top-level decision-makers, who bear the ultimate
responsibility for atrocities. They often enjoy political immunity as members
of the post-conflict government. Incriminating a popular leader might lead to
violent protests and sometimes even to relapse into conflict. Leaders may be
necessary to negotiate and implement a peace agreement.
7. Various democratization measures
can help to restore political and social rights. For sustainability and
long-term viability of human rights standards, strong local enforcement
mechanisms have to be established.
8.An Independent Judiciary:
An
independent judiciary that provides impartial means and protects individuals
against politically influenced persecution must be restored.
9. Making sure that the
judges get pay commensurate with the responsibilities they are expected to
discharge will mean promotion and protection of the independence of the
judiciary etc.
10. And various social structural changes, including
reallocations of resources, increased political participation and the
strengthening of civil society can
help to ensure that people's basic needs are met.
Different Organizations
working for H R:
1.
Amnesty International is working at international level
2.
The United Nations
3.
Some NGOs e.g. Kashf Foundation, Sahil, Sada etc are
working very useful work.
4.
The federal government as well provincial has also
establish departments for looking after the rights of the people.
Conclusion
The
expansion of international human rights law has often not been matched by
practice. Yet, there is growing consensus that the protection of human rights
is important for the resolution of conflict and to the rebuilding process
afterward. To achieve these goals, the international community has identified a
number of mechanisms both to bring an end to human rights abuses and to
establish an environment in which they will be respected in the future. They
are not alternatives, but each provides important benefits in dealing with the
past and envisioning (visualize) a
brighter future.
Taking a note of the current International scenario, is it not feasible to touch upon the Syrian, Palestinian issue in the essay and also the prevalant wave of sectariansim in Pakistan ?
ReplyDeleteTaking note of the current political International scenario, the Syrian and Palestinian issue should not be touched upon in the essay and also the prevalant wave of sectarianism in Pakistan ?
ReplyDeleteMy apologies for the late reply. I have been very busy lately.
DeleteIt is just a sample essay...of course you will need to tailor your essay according to the requirement of the topic at hand as well as according to the scope and depth of your own knowledge...but whatever issue should you touch upon, its inclusion should have relevance with the topic and it may be justified with solid arguments.