Wednesday, May 8, 2019
The Purpose of Human Rights is to Protect Certain Fundamental Essay
The Purpose of Human Rights is to Protect trustworthy Fundamental Interests of Citizens From the Power of the State - Essay Exampled reflected of individual interior(a) value and traits. dismantle so, in more recent times there has been a movement toward the creation of universal clannish impartiality, largely consistent with and reflective of universal gentlemans gentleman right.2 Despite this emerging parallel, the purpose of individual(a) law and the purpose of forgiving rights ar entirely different. This paper identifies the key differences between private law and serviceman rights by examining their respective purposes. The Purpose of Human Rights The term human rights originate from the term natural rights and typically involve the term universal rights.3 Thus, natural and universal rights are embodiments of the political and moral thought that accredited freedoms and rights are automatic to all individuals for the simple reason that they are all human beings.4 In fa ct, phrase 1 of the Universal Declaration of Human Rights 1948 (UDHR)informs that, all human beings are born free and gibe in dignity and rights.5 Article 2 goes on to realm that everyone is entitled to all the rights and freedoms set forrad in this Declaration, without distinction of any kind such as race, colour, sex, language, political or other opinion, national or social origin, property, birth or other status.6 It can therefore be concluded from Articles 1 and 2 of the UDHR, that the purpose of human rights is to identify and describe the natural rights of mankind and to direct states to take measures that are appropriate for safeguarding and promoting those rights. Fagan confirms this conclusion by observing that both interest and choice theories of human rights agree that human rights are intend to protect and promote the conditions for a certain quality of life for all.7 The confession and purpose of human rights was motivated by the human atrocities committed by the s tate (Germany) during the Second military man War. Thus ultimately, human rights as described by the UDHR seek to place constraints on the states ability to use its power against the dignity of its citizens. In this regard, liberal theory is instructive. According to liberal theory, state sovereignty dictates that all political and public authority belongs to the state. Therefore it is the states ultimate duty to protect and promote the natural rights and dignity of citizens within its states borders.8 Human rights are intended to recognize the vulnerability of human citizens to the authority of the state and to offer a method by which human citizens can be strengthened and can thus make claims against a state that seeks to exploit its witness power and the vulnerability of the citizens within its territory.9 Donnelly explains that human rights identify common human values while private law embodies the underlying values that human beings do not have an automatic right to.10 Donne lly specifically states Human rights are not just abstract values such as liberty, equality, and security. They are rights, fussy social practices to realize those rights. A human right thus should not be confused with the values or aspirations underlying it or with enjoyment of the object of the right.11 For example the universal right against arbitrary slap-up punishment may be enjoyed independent of any universal human rights regime and quite solely because of underlying custom, practice or religious or moral codes. Human rights
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