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Human Rights - Case Study Example

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Human Rights

By enforced disappearance, the abductor not only violates the Universal Declaration of Human Rights and his right to life but also denies the abducted the right to a family life, as well as, various economic, social and cultural rights. Furthermore, they take away the victim's right to adequate standard of living and his right to education. Also, if death is not the ultimate outcome of the disappearance, then the victim might suffer an extended period of physical and psychological torture which also contradicts Article 6 of Body of Principals for the Protection of All Persons under Any Form of Detention or Imprisonment, which states that "no person under any form of detention or imprisonment shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment3 4."

In the case of P.D.S' wife, where the state failed to take any sort of action against the disappearance of the victims, the victim's family and friends, who experience slow mental torture, have the right to plead their case to the international human rights bodies. If the appeal is made to the Working Group on Enforced or Involuntary Disappearances, then the report to be admissible, it has to originate from the family member or a friend of the missing person, in this case, P.D.S' wife. A written report, giving clear indication of the sender, that is, P.D.S' wife, has to be submitted and if she mentions the Utopian Government, then the Government have to provide the Working Group with some basic data including the missing person's full name, date and place of disappearance, where was the person last seen and any steps taken for the determination of the whereabouts of the abducted.

If the case is pleaded to any other Treaty-Based International Human Rights Organizations, then the complaint or the admissibility procedure is that the person putting forward the complaint should have sufficient authorization or justification if complaining on behalf of someone else. It has to be clearly proven and shown whether the individual is being affected by the violation or not. Also, the complaint made should be compatible with the provisions of the treaty invoked. The complaint has to be sufficiently substantial as if substantial facts are not provided then the complaint might be rejected as a case of "manifestly ill-founded". All the domestic remedies should be exhausted before bringing a claim to the committee.

According to the Treaty-Based International Humans Rights Organizations, if a complaint is being examined by some other international organizations such as Inter-American Commission on Human Rights, the European Court of Human Rights or the African Commission o ...Show more

Summary

According to the Declaration on the Protection of All Persons from Enforced Disappearance, proclaimed by the General Assembly in its resolution 47/133 of 18 December 1992, an enforced disappearance occurs when "persons are arrested, detained or abducted against their will or otherwise deprived of their liberty by officials of different branches or levels of Government, or by organized groups, or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outsid…
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