International Human Rights Law - Coursework Example

International human rights law Human rights law is perhaps the basics of the laws that are enforced in view of the well being of all humankind. It isan aspect of law that should preferably have relatively similar standards in all nations across the globe. The basis of human rights rises from different sections, addressing various aspects of basic human rights. The basis of human rights rests on equal dignity and rights given to all members of the human family and paves the way to peace and justice among the humankind. The implementation of human rights as an international good is in the view of basic good of the people, bringing the basic rights of existence to them and instilling in them the equality of human rights. This paper studies the principles and concepts of human rights laws, reviews the strengths and weaknesses of the law, analyses the reasons that justify the implementation of these laws and finally validates the argument that human rights law must be made an international law. Further, the paper discusses the major functions of the international court, studying its efficiency through a case study. Human rights are viewed differently by different communities around the world and there might be differences in the rights that are believed to inherently be available to ever human being irrespective of any bias. The nature of human rights however continues to be agreeable in most communities. It is in view of the general good of the people that human rights laws are written and on implementation are sure to bring to all humans a set of inherent rights that will enable them to have better hold on what they deserve. The various aspects of the human rights law are discussed here. Basic concepts and principles of human rights law There are thirty articles that form the human rights law and are specific in addressing the various rights that a person may be entitled to, providing them with basic rights to their existence. Articles one and two is about the independency of the human rights law from aspects such as jurisdiction, religion, language, sex or any other discrimination. Article three specifically talks of the right to liberty, life and security, the three basic rights that every human ought to have. The fourth article addresses the right against slavery and the fifth specifies the law against torture and inhuman forms of punishment and treatment. Articles six, seven and eight are about the constitutional rights of individuals. It talks of the right that all individuals have in the court of justice and that they are entitled to recognition in the court of law equally, without any form of discrimination. Articles nine, ten and eleven are based on the rights that a human has in the court of justice when subject to a hearing. They may not be arrested without issue of order, have the right to be presented at the hearing and may not be punished or kept under imprisonment or detention unless proved guilty in the court of the law under penal offences. Article twelve states that the honor or family of a man may not be charged for any act the individual is responsible for. Articles thirteen is about movement within borders and outside the country. Article fourteen and fifteen discuss the right to nationality while sixteen talks of the right to marriage and founding of a family in the country. Articles seventeen, eighteen, nineteen, and twenty focus on the right to property, freedom of speech, and opinion. Articles twenty one through twenty three talks of the rights of a human as a member of the society. They discuss the right to employment and social security. Articles twenty four through twenty seven are about the rights that under privileged individuals are entitled to, including right to food, shelter, clothing and education for those who are unable to support themselves in cases of events beyond control. Further, mothers and children are subject to other rights. The last three articles of the human rights law states that all members of a community may be given the freedom to participate in events, right to social order and that no member may violate the implementation of these laws. (un.org). Strengths and weaknesses of human rights laws The strengths of the human rights laws lie in the fact that they aim at the general well being of an individual, giving them the basic rights to life and freedom of thought and opinion. It gives an opportunity for individuals to view themselves as equal members of the society, giving all members the same human rights. The rights provide support to those who cannot support themselves, giving them the opportunity to make it through the struggle against poverty. Mothers and children who are underprivileged will greatly benefit from the basic human rights that they are entitled to. Implementation of these laws internationally will ensure that all individuals will have their basic rights to life. The disadvantage of human rights laws lies in the fact that these laws may not be easily implemented throughout the world in all nations and countries, considering that there might be different levels of basic amenities that they can be provided with. It might not be quite as possible to implement the rules about the allowances given to the people in all nations, including those that are not sufficiently economically sound. However, the human rights law on the whole, on implementation is sure to bring better standards to people and will help individuals realize their freedom of speech and opinion. Reasons for implementation of human rights law Human rights law contains thirty articles that, as discussed above, are developed to the advantage of all members of the human family, thereby giving equal rights and freedom of speech and opinion to all members. It gives all individuals the right to seek help and support in case of unforeseen falls in the income, giving aid to support the family. Implementation of human rights law internationally would cause individuals to feel more secure, giving them a chance to overcome their problems. All individuals are treated equally and receive the basic rights that they are entitled to. This would bring about peace and justice among all members of the community and all members will get a right to be treated fairly and justly even in the court of law. The international laws would address racial discrimination, child rights, and discrimination against women, torture, disabilities, and migrant workers. (uk.oneworld.net). Human rights laws certainly aim at the general well being of all members of the society. More than ever, in a world threatened by racial, economic and religious divides, we must defend and proclaim the universal principles of justice, fairness and equality that people across all boundaries hold so deeply. (un.org). This makes it necessary to support the incorporation of human rights in international laws. Major functions of the international court of justice The international court of justice has its main function based in the maintenance of peace by dealing in global disputes and bringing to the notice of the international court, the issues that affect peace and security. The primary social function of any system of law is not merely to provide rules for the settlement of disputes but to prescribe and enforce standards of conduct deemed to be necessary or conductive to the preservation and advancement of the community. (Lissitzyn, 2006). The statues of the international court of justice comprises of seventy articles that define the functions of the international court. The international court is to be considered the principle judicial organ and covers a range of functions. Articles two to thirty three define the organization of the court; articles thirty four to thirty eight discuss the competence of the court; articles thirty nine to sixty four discuss the procedures, and the following articles discuss the advisory opinions and amendments. The international court functions for only state parties. The international court may provide advice to any body that requests an advisory opinion in the form of a written document. The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force. (icj-cij.org). The functions of the international court of justice are in accordance with the international laws that are written and to be executed in court. The court may apply international conventions customs or principles for disputes that are presented before the court. Effectiveness of the international court The effectiveness of international law is a debated issue and it is seen that the international court is not quite as effective as it should be. International law has long been criticized for its vagueness and its weakness … The international court of justice, which the charter establishes, has an important part to play in developing international law, just as the courts of England and America have helped to form the common law. (Charter of United Nations, pg. 138). The effectiveness of the court has been questioned time and again in the view of international law. However, it is gaining importance and other nations outside the United Nations are beginning to consider the international court of justice as a supportive judgment, sharing the cost of the proceedings that are resultant from the hearing. The effectiveness of the court may be analyzed in a case study. The case that has been taken into study is the construction of a wall in acquired Palestinian territory by Israel in the year 2003. The case was reviewed by the international court of justice in 2003 and the advisory opinions were found to be in favor of the Palestine. The court made its decision regarding the case against Israel and passed judgment that Israel must involve in faithful union with conventions and must not involve in illegal constructions and activities in the future. Any impediment, resulting from the construction of the wall, to the exercise by the Palestinian people of its right to self-determination is brought to an end. In addition, all the States parties to the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 are under an obligation … to ensure compliance by Israel with international humanitarian law as embodied in that Convention. (icj-cij.org). The road map for peace was to be continued in good faith in 2002. However, there have been consecutive events of territorial conflicts between Israel and Palestine, although it was not brought to the international court of justice in the conflicts that followed the 2003 disputes. There was no participation of Israel in any convention that would prevent it from involving in activities that would trigger conflicts between the two states. The road map for peace was dropped in the first phase itself and peace negotiations did not work too well. The Arab peace initiative has been refused time and again by the Israeli parties and there is no political rest in the two states although the international court of justice had provided a solution to the case. This case study provides evidence regarding the inefficiency of the court. This paper has analyzed the human rights law, its implementation in the international court, the functions of the international court and its efficiency, giving an understanding of the actual effect that would be resultant of the implementation of human rights in international court. Reference icj-cij.org. Statue of the International court of justice. Retrieved May 2, 2010 from http://www.icj-cij.org/documents/index.php?p1=4&p2=2&p3=0#CHAPTER_IV icj-cij.org. Consequences of the construction of a wall in the occupied Palestinian territory. Retrieved May 2, 2010 from http://www.icj-cij.org/docket/files/131/1677.pdf Lissitzyn, J.O. (2006). The International Court of Justice. The Lawbook Exchange Ltd. Retrieved May 2, 2010 un.org. The universal declaration of Human Rights. Retrieved May 2, 2010 from http://www.un.org/en/documents/udhr/ uk.oneworld.net. International Human Rights. Retrieved May 2, 2010 from http://uk.oneworld.net/guides/humanrights Read More