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COURSE: LAW 200
TOPIC: What do you understand by Human Rights? Discuss the relevance of Social Contract theories in the making of ideas of Human Rights?
Barrister Arife Billah (AFB)
TABLE OF CONTENTS
· Prosecution of minority communities
· Women rights
· Freedom of rights
- Social contract and government
- Origins of social contract
- Human rights as social contract
Human rights are rights inherentto all human beings, whatever our people, place of abode, sex, national or ethnic source, color, religion, language, or any other category. We are all equally entitled to our human rights without discrimination. These constitutional rights are all interrelated, inter-reliant and undividable.
Universal person rights are often expressed and surefire by law, in the forms of treaties, customary intercontinental law, general morality and other sources of intercontinental law. International individual rights law lays down obligations of government to act in firm ways or to refrain from confident acts, in order to promote and protect being rights and fundamental freedoms of folks or else groups.
Rights that each human being has by desirable quality of his or her human dignity. These are the indispensable rights of each character in any part of the globe irrespective of cast, dogma, sexual characteristics, age, color, position. It encompass all social economic political, civilizing anti-elements based on law of natural world with the aim of ensure justice, freedom and equal opportunity viz. personage and collective life.
The most important rights of human being which characterize relations amid those and power structures, more than ever the State. Human rights draw up the boundaries of State weight and, at the same time, call for States to take positive<href=”#_ftn6″ name=”_ftnref6″ title=””> actions ensure<href=”#_ftn7″ name=”_ftnref7″ title=””> an tone that enables all people to enjoy their human rights. The past in the last 250 years has be shaped by the fight to make such an milieu. Beginning with the French and American revolutions<href=”#_ftn8″ name=”_ftnref8″ title=””> in the late eighteenth century, the design of person rights has single-minded many a ground-breaking pressure group for empowerment and for organize over the wielders of power, Governments in meticulous<href=”#_ftn9″ name=”_ftnref9″ title=””>.
Human being rights cover all aspects of life. Their train enables women and men to figure and determine their own lives in liberty, fairness and respect for human decorum. Human rights comprise civil in addition to political rights, social, economic and cultural constitutional rights and the collective rights of popular to self-determination, equal opportunity, expansion, peace and a clean atmosphere. The claims made by person rights to universality have lead to criticism. philosopher who have criticized the idea of human rights include, Edmund Burke, Friedrich Nietzsche and Karl Marx. Political philosophy professor Charles Blotter argues that discussion of human rights, being conceptual, demotivates people from preservation the standards that rights are meant to affirm. The Internet Encyclopedia of Philosophy gives exacting notice to two types of criticisms: the one quizzical universality of human being rights and the one denying them purpose earth.
Persecution of minority communities
Although Bangladesh is a party to the International<href=”#_ftn10″ name=”_ftnref10″ title=””> contract on Civil and supporting Rights, a covenant intended to ensure freedom of religion and of expression, it has tolerate violent assault on religious alternative communities by extremist.
In January 2004, the rule succumbed to an ultimatum from their partnership partner, the Islam Omiya Jute, and the activist vigilante Kate Nebula Movement to assert that Armada Muslims are “not” Muslims. Not wish to lose its greater part, Ahmadiyya publication were declared illegal by the government. A constitutional court suspended the ban, but Islamist group are threatening legal face to this.
Attacks on the home and chairs of worship of Ahmadiyya are still common, but the government has chosen neither to arraign those responsible, nor do obedient<href=”#_ftn11″ name=”_ftnref11″ title=””>e police officers who failed to protect victims. Other religious minorities<href=”#_ftn12″ name=”_ftnref12″ title=””> have come under attack, with abductions, desecration of religious sites, and forced conversions<href=”#cite_note-13″>] tirelessly reported. There have be many intelligence of Hindus have been evicted from their property<href=”#_ftn13″ name=”_ftnref13″ title=””>, and of Hindu girls creature raped but the police have refused to investigate, to this summit. Due to this climate of religious singling out, several hundred thousand Buddhists, Hindus and Christians have left the motherland.
The United Nations country team in Bangladesh has identified<href=”#_ftn14″ name=”_ftnref14″ title=””> “matrimonial volatility” as a key cause of poverty and “ultra and severe” poverty among female-headed household. The Bangladesh development expenses has said that women are more liable to becoming poor after trailing a male earning family member due to parting or divorce. Women in Bangladesh are in particular prone to a form of domestic fighting known as acid throwing, in which strenuous acid is thrown onto an entity (usually at the face) with the aims of extreme disfiguration and common isolation. In Bangladesh, women are discriminately under fire: according to one learning, from of acid attack survivors were women/girls.
In 2010, a law next to domestic violence<href=”#_ftn15″ name=”_ftnref15″ title=””> was introduce, which defines causing “economic loss” as an act of household violence and recognize the right to live in the bridal home. The law also empowers courts to provide for interim maintenance to survivors of home violence. In 2012, the Law payment of Bangladesh, supported<href=”#_ftn16″ name=”_ftnref16″ title=””> by the office of Law, Justice and Parliamentary dealings, completed countrywide investigate into reform for Muslim, Hindu, and Christian personal laws. In May 2012, the cabinet accepted a bill for optional listing of Hindu marriages. The department of Law, Justice and Parliamentary associations is also making an allowance for reforms to civil court procedures—more than ever on issuance of summons—that will advance family court competence.
Freedom of rights
Although initially Bangladesh opted for a worldly nationalist ideology as personified in its Constitution, the principle of secularism was then replaced<href=”#_ftn17″ name=”_ftnref17″ title=””> by a obligation to the Islamic way of life through a series of legitimate amendments and government proclamation between 1977 and 1988. The Constitution establish Islam as the state religion but provide for the right to practice—subject to law, community order, and morality—the belief of one’s choice.<href=”#cite_note-19″> The Government generally respects this stipulation in practice.
Intimidation of human rights defenders, journalists, and the opposition
voice of hostility are ever more at risk in Bangladesh, as group who text or speak out against the actions of the government have found themselves more and more endangered and under attack., junior and senior alike, have reported annoyance and pressure.
Human rights organizations also operate underneath the threat of assault from the establishment and government supporters. On August 8, 2005, a group member attack two person rights activists, who had been investigate torture against an Armada reporters face the similar fate: for three existences, the organization Reporters sans Frontiers, has named Bangladesh the country with the largest number of press physically attacked or in jeopardy with death. The government has no intent of protecting journalists, whereas Islamist groups keep on to intensify their bullying of the independent news medium.
Bangladeshi reporter, the editor of the Bangladeshi tabloid The Weekly Blitz, was incarcerated after writing articles warning about the rise of Islamic radicals<href=”#_ftn18″ name=”_ftnref18″ title=””>, and power Bangladesh to recognize Israel. Choudhury is facing allege of sedition, treason<href=”#_ftn19″ name=”_ftnref19″ title=””>, blasphemy and espionage since January 2004 for have tried to go to a conference of the Hebrew Writers’ connection in Tel Aviv. He violated the Passport Act, by attempt to travel to Israel in November. The Act forbids citizens from visiting country with which Bangladesh does not sustain diplomatic dealings. He was beaten and interrogate for 10 days in an effort to extract a confession that he was spying for Israel. He spent the next 17 months in solitary imprisonment, and was without medical treatment for his glaucoma. On interference of U.S. Congressman Mark Kirk, who strut to Bangladesh’s ambassador to the U.S., Choudhury’s was free on bail, though the charge were not dropped.<href=”#cite_note-opinionjournal-26″> In 2007, HOUSE RESOLUTION 64 passed the United States House Committee on Foreign Affairs <href=”#cite_note-27″> calling on the government of Bangladesh to drop all charges against.
The Social Contract
Between 1787 and 1791 the Framers of the U.S. establishment established a scheme of government upon main beliefs that had been discussed and partly implemented in many countries over the course of more than a few centuries, but never earlier than in such a pure and complete design, which<href=”#_ftn20″ name=”_ftnref20″ title=””> we call a constitutional nation Since<href=”#_ftn21″ name=”_ftnref21″ title=””> then, the mean has often been imitated, but chief principles have often<href=”#_ftn22″ name=”_ftnref22″ title=””> be ignored in those imitation<href=”#_ftn23″ name=”_ftnref23″ title=””>, with the result that their government fall short of being true republic or truly lawful. Although these principles are discussed in civics books, the action<href=”#_ftn24″ name=”_ftnref24″ title=””> of them there is often less than pleasing. This essay will attempt to cure some of the deficiency of those treatments.
The Social Contract and Government
The fundamental basis for direction<href=”#_ftn25″ name=”_ftnref25″ title=””> and law in this classification is the concept of the social contract, according to which human being begin as individuals in a state of nature, and create a society by establishing a contract whereby they agree to live jointly in harmony for their joint benefit, after which they are said to live in a condition of society. This contract involve the retaining of certain natural rights, an receipt of restrictions of certain liberty, the guess of certain duties, and the pooling of sure powers to be exercise collectively.
The social contract is very simple. It has only two basic terms: joint defense of rights; and (2) mutual decision<href=”#_ftn26″ name=”_ftnref26″ title=””> by deliberative assembly. There are no agent, no officials that keep it up from one deliberative assembly to a further. The duties of the public contract are armed force. There may be customs that stick with<href=”#_ftn27″ name=”_ftnref27″ title=””> from assembly to assembly, such as background for due notice, parliamentary modus operandi, judicial due process, and enforcement of court instructions by militia. This following term could be called the establishment of society, but it precedes a constitution of administration and should not be puzzled with it.
There is also a establishment of nature that precede both the establishment of society and the constitution of administration. It is also convenient to talk of a constitution of the state that follows the establishment of society and precede the constitution of government. It arises after a society is created (by adopting the social contract), and subsequent to it acquire exclusive command over a well-defined region. That is when we get equipment like a true to remain at and to return to one’s home, which makes no sense for a the world with no territory (such as nomads).
A constitution of administration<href=”#_ftn28″ name=”_ftnref28″ title=””>, such as the Constitution of 1787, is the then step in the development. It is to set up institutions, offices, actions, duties, and structures that persist from one assembly to another that are not just civilization. It is at that tip that we begin to get things like laws, and paid agent and officials, whose jobs carry on beyond transient assemblies. We also get taxes, rank armies, and expert law enforcers.
Such pooled powers are usually exercised by delegate them to some member of the civilization to act as agents for the member of the society as a entire, and to do so within a structure of structure and measures that is a government. No such control may exercise any powers not thus delegated to it, or do so in a way that is not steady with established structure or events defined by a basic law which is called the constitution.
While it is possible in principle for such a structure<href=”#_ftn29″ name=”_ftnref29″ title=””> to consist entirely of a body of accepted practices, civilization, court decisions, and confirmed statutes, in practice no such basic order can be considered secure against<href=”#_ftn30″ name=”_ftnref30″ title=””> confusion or dishonesty if it is not first and foremost based on a written document, which prescribe the structure, events, and delegated powers of government, and the retained rights of the populace, and which is severely interpreted according to the original target of the framers.
Although in principle the events may allow for the direct acceptance of legislation by vote of the people, this is both impractical and potentially unsafe, especially to the civil liberties of minorities, so that it is usually best that most legislation need approval at some tip in the legislative development<href=”#_ftn31″ name=”_ftnref31″ title=””>t by a deliberative get-together, a body of elected legislature rather than by direct popular vote, in addition to that any such legislation be focus to judicial review, whereby legislation not unswerving with the constitution can be void. Such a form of government is called a republic, as diverse from a social equality, in which all legislation is adopted solely by direct in style vote. And if it operates under a well-designed establishment, it is a legitimate republic.
It is important that the deliberative assembly moderately represent all the challenging interests of the people, so that the concern of minorities can be weigh and not overlooked. But fair representation is inadequate if deliberation is not efficient in analyzing and anticipates all the consequences of any decisions that strength be made. The permission of the preponderance should be necessary for act, but that consent should never be adequate for action.
Origins of the Social Contract
Critics of social contract theory<href=”#_ftn32″ name=”_ftnref32″ title=””> argue that more or less all persons grow up inside an existing society, and therefore never have the pick of whether to enter into a public contract. Not having a
Each of us begins life beneath <href=”#_ftn33″ name=”_ftnref33″ title=””>the terms of a individual kind of social contract called a filial contract, between a kid and his parents, and by lean-to to his siblings. That convention is established at the second of bonding between parents and child subsequent birth, and the stipulations of the agreement are that the child will give the parents certain pleasure that move toward with parenthood, above all the happiness of helping to form a glad and admirable adult, and hold up for the parents in their later years, and in twist receives their love, support, guidance, and defense during infancy.
As a child grows, it encounter<href=”#_ftn34″ name=”_ftnref34″ title=””> other members of the larger humanity, usually beginning with other children. Whenever any two or extra individuals meet with the considerate and expectation that they will live together in agreement and not fight with one another using any obtainable means, they are establish<href=”#_ftn35″ name=”_ftnref35″ title=””> a social contract among themselves. In most luggage they will be contracting with persons who have already established such a contract with still other people, so that the terms of the pact are not only to live in harmony with persons in direct contact, but also with all persons with whom each of the parties is by now engaged in a social contract, and by extension, to all others that persons are in a social contract with, and so on. In extra words, the social contract is transitive: if a is in a social contract with b, and b with c, then a is in a social contract with c. In this way<href=”#_ftn36″ name=”_ftnref36″ title=””> each of us is jump under a social contract by means of all the other members of the society, most of whom we contain never met.
As a person makes the transition from childhood to maturity, his obligations change to match his abilities, and the filial contract gives way to the larger social agreement and obligations to larger community at the local, provincial, countrywide, and global levels.
Human rights as a social contract
Human rights<href=”#_ftn37″ name=”_ftnref37″ title=””> refer to the “basic human rights and freedom to which every humans are entitled “Examples of privileges and freedoms include civil and following rights, right to life in liberty, freedom of expression, and fairness before the law, the right of be a part of a cultural group, the right to chow, to work or to receive an learning.
”All human beings are natural free and equal in dignity and privileges. They are artistic with reason and scruples and should act towards one one more in a spirit of brotherhood”
To explain how and why person rights become part of communal expectations, some theories trend to designate the influence<href=”#_ftn38″ name=”_ftnref38″ title=””> as of part of some philosophers. Hume for case says that the person rights point to a moral behavior which is a person social product developed by a process of biological and social fruition. philosopher like Hobbes, Locke or Rousseau remark that we need a social contract to live with a least of security and to own fiscal advantages but we have to be lesser to some rules from a lawful authority to made respect the law. The growth of this tradition of natural honesty into one of natural law is usually official to the . Thomas Hobbes found a social contract theory of legal positivism<href=”#_ftn39″ name=”_ftnref39″ title=””> on what all man could concur upon: what they desire or look for was subjected to argument, but if the most vital fear of men is a violent death at the hands of another, a usual law was how a rational human could promise them to survive and prosper. In Hobbes’s view, the only way which could triumph or influence them was to submit men to the instructions of the sovereign. In this lay the basics of the theory of a social bond between the govern and the governor. Locke didn’t agree with Hobbes’ prescription around, saying that if the ruler went against natural<href=”#_ftn40″ name=”_ftnref40″ title=””> law and failed to protect “life, liberty, and prosperity,” nation could justifiably overthrow the existing status and create a new one. Locke defend that all human have rights and goods, the first control of every men is of course his body, and all men in here in his work and have the option to take advantage of the payoff.
The French philosopher Jean-Jacques Rousseau optional the existence of a hypothetical public bond where a group of free those agree for the sake of the ordinary good to form institutions to govern themselves. These frequent the earlier postulation by Tomas Hobbes that here is a contract between the rule and the governed – and led to John Locke’s theory that a crash of the rule to secure rights is a failure which justifies the deletion of the government. But Rousseau believed and trust in the kindness of men with Hobbes and Locke disappoint it.
Depending of the different kinds of cultures, a few didn’t and still don’t agree used for the acceptance of some human rights rules, which in fact, give lay to some global<href=”#_ftn41″ name=”_ftnref41″ title=””> conflicts. For example female genital mutilation occurs in different cultures in Africa, South America. The most amazing is that it is not mandate by any religion<href=”#_ftn42″ name=”_ftnref42″ title=””>, but has become a tradition in many cultures. It is consider a violation of women’s and girl’s rights by much of the global community, and it are banned in some country.
Human rights violation occur when any state or non-state breach any part of the UDHR treaty or other international human rights or kind law. In regard to human rights violation of United Nations laws is the only tribunal that may settle on UN human rights violations.
Human rights abuse is controlled by United Nations committee. Organization Against Torture, International liberty of Expression Exchange. These organizations collect documentation of doubtful creature civil rights abuses and apply pressure to insist on human rights laws.
Which are the rights missing?
Even if it’s not so obvious, there are some lost rights such as Lesbian, Gay, and Bisexual Trans gender rights. Some issues like same-sex wedding, gay adoption and shield from discrimination are considered to be being rights. There are some organizations<href=”#_ftn43″ name=”_ftnref43″ title=””> which fight for them but it’s very difficult to find and pact because this question is used to be kind as ambiguous.
At least, for me the most significant and basic human privileges are those which defend the equality amid men and women, the freedom expression, the culture, cause I remember that my grand-mother couldn’t go to school in her youth, because she was living in a war<href=”#_ftn44″ name=”_ftnref44″ title=””> clash, and she really want to own it just for person able to read and write but she couldn’t since she had to work.
Freedom of consideration, conscience and religion are intimately related rights that protect the freedom of an person or community, in community or private, to believe and freely hold conscientious beliefs and to evident religion or belief in teaching, live out, worship, and observance; the concept is normally recognized also to embrace the freedom to change religion or not to follow any religion. The self-determination to leave or halt membership in a religion or religious group—in spiritual terms called “apostasy”—is also a elementary part of religious freedom, enclosed.
Human rights group such as Amnesty International organizes campaigns to defend those arrested and or locked up as a prisoner of conscience since of their thorough beliefs, particularly concerning brain, political and artistic freedom of expression and friendship. In legislation, a conscience clause is a but in a statute that excuses a health proficient from complying with the law, if it is incompatible with pious or conscientious attitude.
· . Abbott, JR, 1998. Social and Talk, Weird Press, New York, 283 p.
· Jones, JT, Hernandez, RM, and Hong, KL, 1997. Human right and social Science
o Pubs, Inc., 198 p.
· Tonelli, RM,The age of the social system, Vol. 6, No. 4, pp. 62-68.
- Hannah, burst (2006). “The concept of human rights”. International Human Rights:
- Shaw, Malcolmi (2008). International Law (6th ed.). Leaden: Cambridge University Press.
- Jantz, R. (2000, May 5), “Pros & Cons of social right”, (Australian PC World), Available: http://pcworld.idg.com.au (Accessed: 2000, May 30).
· Walker, K. (2009, January 24). human right work teams, p A5. Retrieved 25 January 2009 from News text Database
· Walker, K. (2009, January 24). Social contract work teams., p. A5. Retrieved 25 January 2009
· Walker, K. (2009, January 24). Effective work teams., p. A5.
<href=”#_ftnref1″ name=”_ftn1″ title=””> Inherent: existing in someone as a permanent and separable element or quality, or attribute.
<href=”#_ftnref2″ name=”_ftn2″ title=””> Expressed: the way they expressed them self, they want their right.
<href=”#_ftnref3″ name=”_ftn3″ title=””> Intercontinental: Now its all over the world counting the days.
<href=”#_ftnref4″ name=”_ftn4″ title=””> Fundamental: the fundamental trail is important for all people.
<href=”#_ftnref5″ name=”_ftn5″ title=””> Position: its not matter who you are, the main thing is what are you doing for those human
<href=”#_ftnref6″ name=”_ftn6″ title=””> Positive: it’s making more positive vive in the human rights, so it should be implement fast.
<href=”#_ftnref7″ name=”_ftn7″ title=””> Ensure: People need to ensure their right so that they can live it up.
<href=”#_ftnref8″ name=”_ftn8″ title=””> Respect: The main reason of this right is respect for each other.
<href=”#_ftnref9″ name=”_ftn9″ title=””> Collective: It should be more helpful if everybody work tighter
<href=”#_ftnref10″ name=”_ftn10″ title=””> Time: this is the right time to take action.
<href=”#_ftnref11″ name=”_ftn11″ title=””> International: It is international affair, and many human are need justice.
<href=”#_ftnref12″ name=”_ftn12″ title=””> Conversion:the way they handle the problem
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<href=”#_ftnref17″ name=”_ftn17″ title=””> Constitution: they make it constitution rule so people take it serious
<href=”#_ftnref18″ name=”_ftn18″ title=””>
<href=”#_ftnref19″ name=”_ftn19″ title=””>
<href=”#_ftnref20″ name=”_ftn20″ title=””> Dropped: So many project are drop, so need to take new project.
<href=”#_ftnref21″ name=”_ftn21″ title=””> Since: the main part of the project is people.
<href=”#_ftnref22″ name=”_ftn22″ title=””> Process: the process in long, it will take time but its needs to be done
<href=”#_ftnref23″ name=”_ftn23″ title=””> Direction: the most important part is the direction. Need a way to make it fast.
<href=”#_ftnref24″ name=”_ftn24″ title=””> Action: Some action has consequences
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<href=”#_ftnref28″ name=”_ftn28″ title=””> Administration: On the other hand main problem is administration is not organized. That’s another problem for this is not helpful.
<href=”#_ftnref29″ name=”_ftn29″ title=””> Structure: It should be more and more structure for those people who are facing problem.
<href=”#_ftnref30″ name=”_ftn30″ title=””> Against: Main problem is many people are against to help poor people.
<href=”#_ftnref31″ name=”_ftn31″ title=””> Development: Need more development in this area & people want more security.
<href=”#_ftnref32″ name=”_ftn32″ title=””> Theory: the main concept of this theory is establishing social rights& develop it.
<href=”#_ftnref33″ name=”_ftn33″ title=””> Individual: Its very important for very on to take action. so individual are need to be more serious about it.
<href=”#_ftnref34″ name=”_ftn34″ title=””> Establish:we need to establish some new rule for social & human rights.
<href=”#_ftnref35″ name=”_ftn35″ title=””> Encounter:The way some people encounter that is sad.their need to take some action
<href=”#_ftnref36″ name=”_ftn36″ title=””> Way: right way to do right thing.
<href=”#_ftnref37″ name=”_ftn37″ title=””> Rights: everyone should be clear about those right and needful to do this.
<href=”#_ftnref38″ name=”_ftn38″ title=””> Influence: this make easy for the people to do good for people are not getting anything.
<href=”#_ftnref39″ name=”_ftn39″ title=””> Positivism: philosophical system is that holds that every rationally justifiable assertion can be or not be scientifically verified.
<href=”#_ftnref40″ name=”_ftn40″ title=””> Natural: its normal to have those kind of problem, but it can be done with proper plan.
<href=”#_ftnref41″ name=”_ftn41″ title=””> Global: it’s a problem of all, so need full attention.
<href=”#_ftnref42″ name=”_ftn42″ title=””> Religion: there is clear discrimination.
<href=”#_ftnref43″ name=”_ftn43″ title=””> Organizations: some of the organization are working very hard to do some good.
<href=”#_ftnref44″ name=”_ftn44″ title=””> War: people are divide of some point.they need to do some work & make it a better place.