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Discuss the relevance of Social Contract theories in the making of ideas of Human Rights
Introduction:
Human rights has their freedom and independence to practice about civil and political rights .All societies have rules and wants for its members to obey them to keep the peace and good in order for that society. Social contract takes control with an authority and self-sufficient associations who represents for everyone has their Liberty to express. Human rights point to moral behavior developed socially from biological and social evolution. Hence with all this we need social security and for own economic advantage we need the rule of law for protective service. An authority is established for giving social service and protection and keeps it in balance for everyone. It will consider on the desire of the social needs and what will be justice for society it’s representing. If the authority fails or goes against the “life ,liberty and prosperity” it will be taken down from its power and new one will be established. Social contract always comes for the privilege of human rights and managing all the basic, rights and psychological needs .The authority has to come forward to establish those demands. Different cultures, religions and economic condition of countries vary among their needs Example: Developed nations has a higher standard of living so they mainly require advantages in life style ,innovative policy which will help their living, job security and more advanced facilities will be supporting them. On the other hand under developed countries are still struggling for basic right food, residence and social security is there main motto. In both of these human rights is maintained by social contract planned authority but there always will be differences cause depending on the people, culture and society standards every community is different. Human rights gives the privilege to make the social contract more advanced and making them aware what is going to be needed for better society.
Social contract and the rights:
The facts of social contract has given the government and law in this system, according to this human beings begin as individuals in a state of nature, and create a society by establishing a contract whereby they agree to live together in harmony .
The social contract is very simple. It has only two basic terms: (1) mutual defense of rights; and (2) mutual decision by deliberative assembly. The duties of the social contract are dependent on the republics. There may be customs that going to depend on them, such of those are due notice, parliamentary procedure, judicial due process, and enforcement of court orders by militia like (police) . This second called the constitution of society, but it comes before a constitution of government and should not be confused with it.
If social contract is violated like government has cause war in the country for due to their false action which is going to demolish the human rights then it’s going to take great consequence for the government. The extreme will be killing but taking down the government from the authority will be the solution.
Relevant legal area:
Human rights has the legal polices as Constitutions and Natural laws. Constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. Then there is natural rights which is given from birth, it’s constructed with positive law of a given political community, society or state. In Bangladesh: Constitution of the People’s is ensured freedom of speech and expression.
In the article 39 (1, 2) of chapter-3 of this constitution these have been stated. Everyone gets there right for saying anything in sense and can show the feelings in his mind free no one will be or cannot take this away from anyone. Furthermore, 39 (2) Subject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offense a) the right of every citizen of freedom of speech and expression (b) freedom of the press, are guaranteed.
It is the right of people to bring out all the mishaps or corruption made by anyone of the republic or governing body whom will responsible for states loss or misfortune in the society .The law has fully disclosed that if state tries to impose other constitution which conflicts with human rights; it will instantly get void if that incident happens. There is a amendment that expresses; All citizens are equal before law and are entitled to have equal protection of law.
The natural law also concerns about the matter while members who has presence in the territory of a society may have to take permission or agreement to make something happen. It has to underlay the principal justice the protection of natural and social rights.
Feminist public policy points that if the society is maintaining the way of male perspective then it can take action accordingly the way of article 28 (4) Nothing in this article shall prevent the
State from making special provision in favor of women or children or for the advancement of any backward section of citizens.
Human rights controlling body has to come forward for the people whom were outsourced, they are the biggest foreign remittance provider and still the Bangladesh has so much holes that’s no able to provide the proper rights of migrating people. As part of their responsibility to respect human rights, companies must be prepared to ensure the safety and dignity of all those who make their products or provide services to the business. Increased scrutiny on companies which will fail to undertake effectively due to diligence of the supplier factories and other areas of operations.
Now a day peoples rises there expression via social networking web sites. Shows there opinion to a broad rage social groups, but governments intervention in those social network is keeping it on surveillance which is undermine the rights of privacy and freedom of expression.
Protecting lives in workplace is now a major issue for Bangladesh industrial and manufacturing sectors. The number of accidents is happening causing huge life loss but the human rights are not coming forward for the support of cheap labors in our country. The law is there but no guideline and implementation is present.
Relevant and Irrelevant facts:
People of the society have their freedom of thoughts and conscience but it has restriction that can’t go against the interest and security of the state.
They cannot go against the friendly relation with foreign state it can hamper the reputation of the country to go down and diplomatic support may go down for this reason.
There are no law for biasness of the government this facts should be aroused.
The constitution needs to be updated time to time but it cannot be improved for any supported group it will take out balance from the society.
Human rights also states that public order cannot be violated.
Positive and negative rights have to establish properly because until the judgment everyone has their right to bring the facts what makes the case to bring the facts before everyone.
Human trafficking and illegal immigrates are the worst victim for human rights violation.
The right of freedom of expression is not absolute; hence governments have an obligation to protect people but not the right for violating privacy. Example – online surveillances
ILO/ IFC is managing systematic support of government involvement, trade union, private industries and labor inspectors jointly can bring up better solutions for this. However significant capacity challenge will remain for this issue.
The rule of law
The rule of law is a cornerstone of the concept of human rights and democracy. Different traditions in the Anglo-Saxon world (rule of law) and in Continental Europe (d’état de droit, Rechtsstaat, Stato del diritto) attach slightly different interpretations to the term. Everyone has their different opinion depending on the issues.
The principle of non-discrimination is of the utmost importance in rules of law. Various formulations of prohibition of discrimination are contained in, for example, the UN Charter (Articles 1(3), 13(1)(b), 55(c) and 76), the Universal Declaration of Human Rights (Articles 2 and 7), the ICCPR (Articles 2(1) and 26) and the CRC (Article 2). Some instruments are expressly aimed at addressing specific prohibited grounds for discrimination, such as the International Convention on the Elimination of all Forms of Racial Discrimination (CERD) and the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). Other instruments aim at addressing the prohibition of discrimination in the exercise of one or several rights, such as ILO 111, which refers to discrimination in the exercise of the right to work (employment and occupation), and the UNESCO Convention against Discrimination in Education. The whole practice concerns about the right of social contact for fulfilling human rights.
International human rights is much similar with treatment constitute discrimination. Every case and judgment has different result so we cannot get the same result.
The refugee and disabled people are mostly endangered; the law is not vastly exercised about these matters in our country so solutions to this are not well seen in our country.
Indirect law is a neutral law it should be implied for everyone’s good but when this becomes favor to other and it gets breached it makes violation of social contract.
Suggesting facts for Human rights:
Extra juditial killing like Encounter killing was a norm for killing people with least explaination. It violated human rights for time being it causes terror on peoples mind so detail explanation for the killing reason and human rights law have to be a part of this scenario.
When there is a arrest the law agencies have to be liable for the protection of custody the harm of the person in custody will be violation ofhuman rights.
Proper investigation and proseqution for religious related crimes cause this will bring a huge discomforting affect on the society and the nation . Moralty and societies patterns comes before with a bad effect to the whole world . The countries jurisdiction may take it lightly but the whole is taking it as disgrace.
law or administrative practices or in practical relationships, between groups of persons, made on the basis of race, disability, sex, political opinion, nationality or social origin, which has impairing effect on equalty of human rights. It require to respect human rights and ensure that all persons are to their jurisdiction. The guaranteed rights without distinction.
Violation of womens rights is not only the problem of there needs it also effecting economic loss. Not trying to dominate them also making economic development sacrifice . With the help of proper human rights for women has taken lots of nation to higher level. Making the rights more effective and opportunity oriented will help it more .the claim for affirmative action can be determined by at least two factors: i) the existence of determination of persistent status of inequality and ii) effective implemention of the legal right measured by governing representatives .
Conclusion:
Human rights has to be the first priority for the social contract , it has to come in vision to protect and control justice in the society. View point of non-discrimination needs the states to take affirmative action to prevent for structural disadvantages. These measures should get preferences, which will not be considered discriminatory because they are aimed at addressing structural disadvantages and protecting particularly vulnerable groups.Helping those people who are negteccted from their birth and social right. Taking the charge and provide them security and make them part of this society . It will bring out the best coordination in society. Everyone has there right to live and be examples of things with in the social contract. It will make everything well and improved.
Reference
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The Magna Carta (1215; England) required the King of England to renounce certain rights and respect certain legal procedures, and to accept that the will of the king could be bound by law.
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The Mayflower Compact (1620) — One of the first expressions of the social contract in written form.
Leviathan, Thomas Hobbes (1651) — Laid basis for social contract theory, providing branching point for the theories of constitutionalism and fascism.
[] James Madison, Notes of Debates in the Federal Convention. The definitive record of the proceedings of the Constitutional Convention of 1787.
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Bangladesh: Human rights defenders under attack | Amnesty International