Human rights in Turkey and United Kingdom - Research Proposal Example

Sana Osman English 12 November 2008 Human rights in Turkey and United Kingdom Introduction Human rights are the basic freedoms and rights that belong to every person in the world. Human rights are international standards that help protect people from severe legal, social and, political abuses. They exist in law and in principles at national and international levels. Human rights have a philosophy that address questions about the existence, nature, content, justification, universality and legal status of human rights. Strong claims are usually made on human rights like, the fact that they are universal; usually incite unconvinced doubts and contradicting philosophical suspicions. Human rights are not just ordinary moral norms relevant conduct between people. They are political norms guiding the governments on how its citizens should be treated. The dissertation I am proposing is on Human Rights in Turkey and the United Kingdom, it also includes the history and democratic relationship of human rights. There are different kinds of human rights given to people across the world, for example, the right to freedom, which include civil and political rights, like the right to liberty and life, right to equality before law, cultural and social rights, economic rights, the right to work, the right to food, and the right to education. Article 1 of the United Nations Universal Declaration of Human Rights states that, "All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood" (Lawson, Bertucci and Wiseberg 1552). Human rights are addressed mainly to governments of different countries, requiring enforcement and compliance. The primary source of human rights is the Universal Declaration of Human Rights along with various treaties and documents that came in from international organizations like the United Nations, Organization of American States, the Council of Europe, and the African Union. History of Human Rights Human right covers thousands of years of religious, cultural, legal and philosophical developments of history. Many ancient documents philosophies and religious texts included concepts that can be considered as human rights of those times. For example, the Edicts of Ashoka given by Ashoka the Great of India, the Constitution of Medina in 622 A.D., issued by Mohammad. One of the most significant historical documents is the English Magna Carta of 1215. Modern interpretation of human rights is significantly influenced by the various historical documents that lay considerable importance on human rights. Many events led to the formation of the philosophy of human rights. The British Bill of 1689 made many harsh governmental acts illegal in the United Kingdom. Two other important events were when the United States and France adopted the United States Declaration of Independence and the French Declaration of the Rights of Man and the Citizen respectively, both these revolutions established certain legal rights. These events were followed by many philosophers such as Thomas Paine, Hegel and William Lloyd contributing to the development of the philosophy of human rights. The term 'human rights' came into use sometime between Thomas Paine's The Rights of Man and Lloyds writings in The Liberator. In North America and Western Europe many labor unions worked towards making labor laws, regulating or forbidding child labor, the right to strike and the like. National liberation movements, like Mahatma Gandhi's independence movement in India, proved successful in driving out colonial rule. The women's right movement was successful in getting women the right to vote. Among other movements were the civil rights movement and movements on behalf of women and minorities. The foundations of the International Humanitarian Law were laid by the establishment of the Red Cross, the Geneva Conventions and the Lieber Code in 1864. This set the stage for further development of human rights after the two World Wars. The losses of life and the abuse of human rights that took place during the World Wars were a driving force in the development of modern human rights. The League of Nations was formed after World War I. Among the many other goals the League had a mandate to promote many rights which were later a part of the Universal Declaration of Human Rights. At the Yalta Conference in 1945 the Allied Powers proposed to create a new body to replace The League of the Nations. This body came to be the United Nations, which played an important role in international human rights law. The United Nations and its members developed different bodies of law which now make international human rights law and international law. This also led to the formation of the Universal Declaration of Human Rights. Democracy and Human Rights The purposes of the United Nations included respect for the principle of equal rights and self-determination of peoples and to encourage and promote the respect for fundamental freedoms and human rights for all people without any differences. The Universal Declaration of Human Rights focused on the commitment to democracy by declaring that "the will of the people shall be the basis of the authority of government" Lawson, Bertucci and Wiseberg 1172). It also guaranteed the rights that were necessary for effective political participation. The International Covenant on Civil and Political Rights strengthened the protection for participatory rights and freedoms. While the Universal Declaration of Human Rights, the Charter and the International Covenant on Civil and Political Rights gave the basis for the United Nations role in promoting democracy, the cold war hindered the United Nations support for democratization. At the close of the cold war the drive for democratization gained momentum. The quest for democracy restarted not only within the United Nations but also outside of the organization. This quest also gave birth to several reinforcing processes. The General Assembly in 1988 adopted a resolution to enhance the effectiveness of periodic elections, an asked the Commission on Human Rights to consider ways to and means to effectively enhance the principle of periodic elections. Since then the General Assembly adopted no less than one resolution dealing with democracy annually. Among the resolutions in particular were two resolutions which emphasized on improving the processes of democracy by taking steps to strengthen human rights and fundamental freedoms including the right to development. The Commission also sought to enhance its significance in the promotion of democracy and to explore the relation and interdependence between human rights and democracy. It is important to know that the basic function of a government is to preserve and protect the rights of the people. It is therefore very clear that human rights and fundamental freedoms require the permission of the people, without which they are not legitimate. It is believed that human rights are shared by all and can only be protected by the government and law. In democracy you must have the approval of the governed or you will not continue as a government. Therefore, it is very essential that democracy and human rights go hand in hand. Democracy and Islam Islam is a set of ideals and norms that emphasize on equality of people, respect for other faiths and diversity, and also the accountability of leaders to the community, therefore, Islam is fully compatible with democracy. However, the Islamic world today seems to treat Islam and democracy as two different ends. Most of these assumptions are due to the anti-U.S. and anti-West sentiments. Some people believe that monocracy is fundamental in the Muslim World. History shows that in Muslim societies in the past the central state was not as powerful. It is felt that historic mistrust of government and oppressive nature of central governments, were probably the reasons why Muslim societies went to the system of more government participation and less people participation. In today world the relationship between democracy and Islam is complex. Many people in the Muslim World believe that Islam supports democracy even though their political system cannot be called Islamic. In the twentieth century many groups that called themselves Islamic attempted to participate in democratic procedures as governments were overthrown in Africa, Europe and other places. Some people believe that Islamic groups only advocate democracy as a method to win elections. Some Islamist believe that the concept of democracy is foreign and has been imposed by the West. However, many Islamic concepts prove that democracy is an integral part of Islam. In the Quran for example it is mentioned that righteous people are those who manage their affairs through mutual consultation. These thought are supported by the teaching of the Prophet. Theoretically, Islamic democracy is quiet well developed. However in reality this is not very true. However, based on Islamic history it is clear the Islam is not naturally unable to coexist with democracy. Human Rights in Turkey Many international law treaties protect human right in Turkey, these take priority over domestic legislation. "The term human rights entered the Turkish lexicon and discussions during Ottoman times" (Arat and Falk 2007, p 2). The concern of human rights is very important for discussions with the European Union. Sever human rights issues in Turkey include Kurdish matter, which caused many human rights violation between 1987 and 2002 when a state of emergency was declared in the Southeastern Anatolia Region. Military intervention in politics is another problem which affects human rights in Turkey. Turkey has signed various human rights commitments, like those in the Turkish Constitution, which guarantees fundamental rights and freedoms. Along with this it has signed the Universal Declaration of Human Rights and the European Convention. Additionally, since Turkey is in discussion with the European Union Turkey has to make sure that it is consistent with the Charter of Fundamental Rights of the European Union. Therefore constitutional changes were made in 2004, for example transforming State Courts into Heavy Penal Courts. The Human Rights Watch in 2002 concluded that the Turkish Human Right Association calculated that Turkish law has more than 300 provisions restraining human rights like the freedom of religion and expressions. Many of which were imposed by the military rule after it took over in 1980. Violations in human rights were often noticed in areas of maltreatment and torture, restrictions on the freedom of speech, religion and expression, and electoral barriers. Some other violations include a ban on political parties, and violence against journalist. However, gender equality is one right which has taken a positive upturn in Turkey since the 1930s. Since then Turkish women have the right to elect and be elected to political offices. Turkey is one of the first countries to have a female prime minister and president. Turkish women also have the right to freely abort a fetus in the first 10 weeks of pregnancy. Though Turkey is a Muslim dominated country, it is a secular country. Turkey guarantees all its citizens the right to follow any religion and philosophical belief. Homosexual relationships between adults, unless public are allowed in Turkey. Turkey has also approved many laws to fight against discrimination of the disabled. Beginning with the formation of a secular government in 1923, Turkey has made many commitments to promote human rights. However, its authoritarian military rule, social inequality and economic crisis have led to creating policies that weaken human rights. While legislative changes have greatly contributed to the promotion of human rights such as gender inequality. Human Rights in the United Kingdom Human rights in the United Kingdom were protected by the European Convention. People in the United Kingdom had to complain to the European Court of Human Rights if they felt that human rights were violated. In 1998, the Human Rights Act, made human right in the United Kingdom a part of the domestic law, therefore giving courts in the United Kingdom the power to hear human rights cases. The Human Rights Act of 1998 gives out the rights in the United Kingdom which are protected by the European Convention of Human Rights. The Act included human rights mentioned in the Universal Declaration of Human Rights and other international treaties. The formation of the Act meant that the basic human rights in the United Kingdom were now more protected. The basis of human rights is that every person should be treated equally and with dignity. Human rights law in the United Kingdom, protects people from poor treatment and discrimination, and laws which give people the right to fair and equal treatment from public authorities. The United Kingdom also believes in diversity of thought and culture. It includes many human rights which promote diversity and participation of individuals in the community, such rights include, the right to freedom of thought, belief and religion and the right to education. Human rights are a basic necessity for all people in today world. The freedom to live your life the way you want to without hurting another is very essential. It is important that every person is protected by human rights as these rights are important not only for the protection of people but also for the proper functioning of a democratic system of governance. Goals for the Dissertation The goals of my dissertation are to help understand human rights. I propose to explain how human rights came into existence and what led to making human rights an important and integral part of governance. The co-existence of human rights and democratic governments. I will focus on the central theme of human rights and its importance. My approach to this dissertation has been influenced by the historical approach of human rights, the fact that human rights existed as early as 4000 years ago. Human rights are a necessity of all people and therefore I would like to elaborate and study this subject for my dissertation. Works Cited 1. Arat and Falk, 2007 Human Rights in Turkey, University of Pennsylvania Press, Pennsylvania. 2. Lawson, Bertucci and Wiseberg, 1996 Encyclopedia of Human Rights, Taylor and Francis, London. 3. Lawson, Bertucci and Wiseberg, 1996 Encyclopedia of Human Rights, Taylor and Francis, London. Read More