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Human Rights are the basic essential right of the human beings. It is a right that is gifted on every human being regardless of sex, race, color, religion, ethnicity etc. It basically tells us that if that person is born as a human, he or she has those rights. Therefore, human rights have the universal demand. Human rights is an arguable issue as there are is no general agreement on the strength of the dispute on what should be considered as human rights violation or not. There are various debates on the debate of human rights. Most important of it is the right to life. In order to protect the right punishments such as capital punishment has been established. An example of the difference in ruling can be of that Islamic or Shariah Law where rape and theft is considered a crime eligible for capital punishment whereas in the western world capital punishment for rape and theft is considered a violation to human rights. Another example of human rights violation can be abortion. This is because nowadays scientists claim that human fetus has life and doing abortion is killing a life. Human rights concept is a modern issue. It recently has gained a lot of popularity. Individual country establishes its own Human Rights Act
To subjugate human right some laws called human right laws have been made. Human rights law refers to the body of law designed to promote and protect human rights at the regional and domestic levels. As a form of law, human rights law is primarily made up of treaties, agreements between people intended to have binding legal effect between the parties that have agreed to them; and customary law, rules of law derived from the consistent conduct of states acting out of the belief that the law required them to act that way. Other human rights instruments while not legally binding contribute to the implementation, understanding and development of human rights law and have been recognized as a source of political obligation.
Enforcement of human rights law can occur on domestic, a regional or an international level. States that ratify human rights treaties commit themselves to respecting those rights and ensuring that their domestic law is well-matched with worldwide legislation. When domestic law fails to provide a remedy for human rights abuses, parties may be able to resort to regional or international mechanisms for enforcing human rights.
Human rights law is closely related to, but distinct from international humanitarian law. They are closely related because the norms they contain are often similar or related: Both provide, for example, a security against torture. They are distinct because they are regulated by legally separated frameworks, and usually control in different contexts and adjust different relationships. Generally, human rights are understood to adjust the relationship between states and individuals in the context of ordinary life, while humanitarian law regulates the actions of a aggressive state and those parties with which it comes into contact, both hostile and neutral, within the context of an armed conflict.
WHAT IS DOMESTIC IMPLEMENTATION OF HUMAN RIGHTS?
Each nation is under a responsibility to take optimistic steps to implement and monitor human rights domestically. International support for human rights should come after domestic mechanisms which makes certain that a nation’s support for international human rights; human rights law conceives of governance arrangements at the level closest to affected individuals, who themselves make decisions. International protection, then, should not replace the protection rather it should intend to support and strengthen the domestic framework.
Human rights activists, litigators and scholars are enthusiastically seeking means to hold accountable those responsible for human rights abuses. In the absence of useful international enforcement mechanisms, domestic courts play a vital role in the effort to implement worldwide human rights norms. In most of the world, domestic enforcement efforts focus on criminal prosecutions. For example, most significantly, Chilean General Augusto Pinochet was arrested in England in 1998 and held for banishment to Spain to appear for criminal charges. By contrast, efforts in the United States have focused on civil human rights proceedings. Instead going to England if General Pinochet had come to the United States, he is far more likely to have been sued than arrested.
Several technical and cultural characteristics of the U.S. legal system lead to civil lawsuits for human rights violations. Other legal systems offer instead a range of governmental and judicial remedies for wrongs that may be styled as human rights violations, tortures or crimes; filed against both domestic and foreign suspect. These cases are filed for violations committed both at domicile and in a foreign country. These varied legal mechanisms represent the “transformation” into domestic legal systems of the international law principle of accountability for human rights violations. Each implements the international permission to hold responsible criminal of human rights abuses, provide remedies for victims of those violations, and stops future abuses.
Victims of human rights violations the world over face demoralizing struggles for justice as they look for remedies for their loss, punishment of those to blame, and reassurance that future abuses will be stopped. They make the most of a wide series of international and domestic mechanisms in that quest, including both criminal and civil actions. An understanding of the diverse means by which familiar goals can be achieved and it also contributes to the improvement of these remedies and strengthens accountability principles.
DOMESTIC IMPLEMENTATION OF HUMAN RIGHTS IN UNITED STATES
We all have read in history about the arguments and debates that took place for basic human rights. The right to live is the right of every individual. According to U.S President Franklyn D. Roosevelt in 1941 human rights should be constricted to four main freedoms. The Four Freedoms Freedom of speech, Freedom of worship, Freedom from want, Freedom from fear. United States of America being the leading country in the world is considered to be an ideal nation for human right activities. The world looks up to them. However how far could they live up to the worlds expectation is the issue here. After the September 11, 2001 they revealed their true character. Their actions couldn’t hide the sin cause the truth about the way you treated with the detainees is well seen. For example after the incident of 9/11 they opened a prison in Guantanamo Bay where the criminals where sexually beleaguered by the prison guards. So is not this a human right violation? Where are the human rights activities? Where is U.S U.S President Franklyn D. Roosevelt’s main freedom? Easy to say but difficult to follow. Actions speak louder than words. If this is how they implement human rights than this can no more be called human rights. This is simply violating human rights.
United States of America being the leading country in the world is considered to be an ideal nation, especially the developing countries, regarding the implementation of human rights. Their recent activities have forced many to not to follow them. Most think they don’t judge equally. Organizations such Inter-American Commission on Human Rights has been established to watch over the human rights issues in Americas, this is for both North and South American countries. However, despite so many attempts of creating the human rights organizations it is also a powerless nation when it comes to stop the violations of Human rights in several countries of its own such as The United States, Colombia, Canada, Cuba, Mexico, Venezuela etc.
This is a huge problem for United States of America. Dealing with human rights is definitely a huge issue. To correct what they have lost they need some corrective measures. They need to build a new administration and the administration should maintain two domestic human rights such as how to implement human rights and how to monitor human rights.
The implementation body should be an decision-making branch, interagency instrument that operates for the U.S. government to organize implementation of U.S. international human rights issues and, in accordance with treaty requirements. On the other hand, a monitoring body, needs to be established and funded by government, should be structured as an independent, unbiased entity that supports the government and helps ensure that its obligations and duties are fully implemented. By providing oversight as well as education, outreach and technical assistance, the monitoring body would ensure progress by monitoring, taking care, and giving respect for human rights at the federal, state, and local levels. Its functions should include (among other things) unbiased research, fact finding, hearings, investigations, support for human rights education and training, strategy recommendations, and liaising with federal, state, and local officials responsible for protecting human rights.
There may be some have common characteristics in the activities of the implementation and monitoring bodies, but their functions are quite different. While the implementation body is responsible for absolutely implementing U.S. obligations which occasionally defend against allegations of human rights violations on behalf of the government, the monitoring body is an independent national human rights organization that performs an oversight function, even while it plays a helpful role for government. The monitoring body should have a stable permission that remains not affected by transitions from one administration to another, to promote its independent, unbiased nature and the continuity of its ongoing work. Beyond its oversight and government support role, the value added by the monitoring body is its ability to serve as a unbiased, broker that undertakes investigations into allegations of particular human rights violations by government actors.
DOMESTIC IMPLEMENTATION OF HUMAN RIGHTS IN BANGLADESH
Bangladesh is a developing country and it struggles to maintain the standards set internationally. It has to go through economic crisis that can only be overcome by economic advancement and strength. Increasing rate of crime and corruption has lead Bangladesh to be one of the economically unstable country in the world. Being a small country it has to fall into huge demographic pressure. Usually developed countries are in moderately high standard but human rights in developing countries like Bangladesh human rights is a vague right for citizens.. Day by day violation of human rights is happening and nothing is being done to our judiciary system by our respectable government. Protection of The Human Rights Act was first established in 1993 which states that Bangladesh will be democratic republic and it is indirectly said in the act that fair examination will be done on the criminal for committing a crime.
The discussion of human rights in Bangladesh is a very crucial one. Although all human rights talk about fairness but little is done to protect the human rights. For example an innocent college boy Limon was falsely indicted in an arm case. Back in March 23,2011 at Shaturia village in Jhalakathi, as Limon, then 16, went to fetch his family cattle from a nearby field, a Rab team shot him point-blank in his left leg, taking him for a notorious criminal it was looking for. The elite forces then picked him and took him to the hospital. On the same day Rab files two cases against him one for possessing arms and another for obstructing law enforces. As evidence against the poor, meritorious boy, Rab produced a worn out revolver and a used bullet cap. Four days later his leg had to be amputated. Over the last two years, national and international rights bodies described the whole episode as injustice and an utter violation of human rights. Although this is a story however it is an true example of extrajudicial summary executions, which has been going on in Bangladesh since the formation of RAB. In Bangladesh it is a known fact that the judicial system is weak and there are lots of ways in which the criminals can get out without a trail even though they have committed heinous crime. The main reason for is the corruption between the government agencies. You obviously would rely on the countries law enforcement for protection but if the countries law enforcement is corrupted whom would you rely on. At times when the victim and his family wait for justice the criminal with huge power can win and victim will be left without justice. Also at times in order to stop the crime the government itself take the matter in their own hands and take unlawful measures to get rid of the terrorists without any trial. This is sad but true. Now this is a clear violation of the International Human Rights Laws. According to European Parliament take these killing as a gross violation of the human rights issue. However, Bangladesh Government defends it by saying that encounter killing reduced fifty percent crime rate. Acquiescence of human rights is vital in this country.
There are anonymous cases of violation of human rights in Bangladesh. Usually Bangladesh is often referred as the most corrupted country in the world. There are various articles and artifacts that tell us about the violation of human rights applicable for the whole world but in Bangladesh taking help from them is a rare issue. Considering the situation of Bangladesh the right to life is absent in our country. Although every nation talks about equality and equal rights of human beings but this is a rare scenario in Bangladesh. Take the example of recent Prime Minister, the charges have been lifted but the charges on the opposition are still there. Giving vote is an individual’s democratic right. Although as we see voting system is good in country but as you take a clear look you will see that this is not true in the rural part of the country. Theft of votes is a common phenomenon in the rural part of the country. Talk about equality. There is no perfect measure to deal with religion discrimination.
COMPARE AND CONTRAST DOMESTIC IMPLEMENTATION BETWEEN UNITED STATES AND BANGLADESH
As we already know human right is a right to life. It’s right of every individual. Violation of human rights is a heinous crime. Violation of human rights is a major concern throughout the world today. If we have to compare the domestic implementation of human rights between United States and Bangladesh would be that both of them talk about basic human right. Both of them are struggling to fix themselves up and take corrective measures to ensure the rights of every individual.
United States however is as much as corrupted as Bangladesh is. United States as being one of the first developed countries are ideal to many other countries worldwide. All the other nations in the world look up to them and want to be like them. Bangladesh on the other hand being one of the developing countries very much looks up United States. Due to the recent downfall of human rights in United Sates many nations are turning their backs.
As we compare the big shot United States with Bangladesh I would say that despite the strict measure of United States in Guantanamo Bay it judicial system is far more better than Bangladesh. At least in United States they ensure the safety of their own citizens around the world unlike Bangladesh. United States have lesser disputes regarding gender equality. They ensure all their citizen have better lifestyle whereas in Bangladesh the government would rather ensure its lifestyle security first and then the nations.
Unlike Bangladesh, United States have the right to life. Their government system is not as corrupted as ours. The problem with United States is their violation of human rights in the Guantanamo Bay where the suspects were sexually harassed by prison guards. However despite their system United States needs to improve in their implementation of decision-making branch, they need international human rights issues and, in accordance with treaty. On the other hand, a monitoring body, needs to be established and funded by government, should be structured as an independent, unbiased entity that supports the government and helps ensure that its obligations and duties are fully implemented.
Human Rights are the basic essential right of the human beings. It is a right that is gifted on every human being regardless of sex, race, color, religion, ethnicity etc. It basically tells us that if that person is born as a human, he or she has those rights. Therefore, human rights have the universal demand. Each nation is under a responsibility to take optimistic steps to implement and monitor human rights domestically. International support for human rights should come after domestic mechanisms which makes certain that a nation’s support for international human rights; human rights law conceives of governance arrangements at the level closest to affected individuals, who themselves make decisions. International protection, then, should not replace the protection rather it should intend to support and strengthen the domestic framework.
Carol.C.Gould. Globalizing democracy and human rights.
Domestic implementation of UN human rights recommendations. (2013).
Powell, C. (2008). Human Rights at Home. A Domestic Policy Blueprint for the New Administration .