Analyzing Human Rights in Developed and Developing Countries Essay

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Human freedoms are innate to every person, regardless of their status; whether tribe, nationality, area of residence, race, language or gender. Human rights are equal for all, and are given without any kind of discrimination. All human rights are interconnected, interdependent and cannot be separated. There are international law sources that guarantee and express these rights, such as customary law, general principles treaties and international law itself. International law of human rights points out the duties of Governments, which require them to behave in a certain manner or to avoid some acts, for the purpose of protecting everybody's fundamental freedoms and human rights (United Nations Human Rights, n.d.).

United Nations' declaration has a number of articles which have handed power to the Act on Human Rights. The first article states that every person is born equal and free in rights and dignity. Each of them has conscience and reason, and should behave in a manner promoting brotherhood towards others. The second one points out that we are all entitled to every freedom and right stated in the Declaration. This is, of course, free from discrimination on the basis of language, color, race, religion opinion of any kind, birth, nationality, property, and social origin, among others. In addition to this, there will be no discrimination based on international, jurisdictional or political status of whatever territory one belongs to, or whatever country one comes from; whether independent, non-self-governing, trust, or under limited authority.

The UN declaration protects each person's right to security, liberty and life. It also protects us from servitude and slavery. It does not give room for any form of slavery. Under this notion against treatment of human beings in an inhuman manner; the Declaration by the UN stated that no human being would be punished or treated in a manner that is degrading, cruel or inhuman. We are all entitled to recognition as a person, wherever we are, and by any law. In another article, the law sees us all as equal; and we are all entitled, with no distinction, to equal security by the law. Each person deserves to be equally protected from prejudice that goes against what is stated in the Declaration. It also shields human beings from incitement to this form of distinction.

Principles of International Human Rights

Human freedoms cannot be alienated, and they apply on a universal level. The doctrine of human rights universality acts as the foundation of international law of human rights. This doctrine was first emphasized on in the 1948 Universal Human Rights Declaration. It has then been repeated in many international declarations, conventions and resolutions on human rights. For instance, the Universal Human Rights Conference of 1993 held in Vienna came to a conclusion that gave each State the duty to protect and promote every fundamental freedom and human right. This had to be done free from economic, political and cultural distinction.

Each State has ratified one or more of the major treaties on human rights, with consideration to the States' consent, their source for legal duties and a solid expression to the concept of universality. Some of the norms of core human rights are protected universally by international customary law that operates throughout all civilizations and boundaries. Human rights cannot be alienated. They cannot be deprived unless under certain circumstances, and in consideration of a certain procedure. Liberty, for instance, can be taken away if the court declares someone guilty of an offense.

All human freedoms are inseparable, whether political or civil and political. Such rights include the right to equality in courts, life, social, cultural and economic freedoms, rights to education, work or social security. Others are collective rights, which include rights to self-determination and development. These rights are inseparable, interdependent and interrelated. When one right advances, the rest of them also advance, and when one deteriorates, the rest of them also deteriorate.

Governments should come up with ways to account for implementation of freedoms. Rights need not only be acknowledged in rhetoric policy or domestic law, but there have to be productive steps taken for the government to be held liable in case of a breach of the standards (National Economic & Social Rights Initiative, n.d.).

The principle of non-discrimination cuts across all the laws on international rights of human beings. It is in all the main treaties on human rights, and is a theme shared by a number of conventions on international human freedoms, like the Conventions on elimination of every form of racial and gender discrimination.

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The doctrine is for every person with regard to every human freedom and right, and is against discrimination based on non-exhaustive classifications like race, gender and color. The doctrine of equality complements this doctrine. This is seen in the first article of the declaration which points out that every person is born equal and free in rights and dignity.

Human rights comprise both duties and freedoms. International law gives duties and obligations to protect, fulfill and respect human rights. The duty to respect implies that each State has to avoid curtailing or invading people's rights. The duty to protect implies that States need to protect groups and individuals against abuse of their freedoms. The duty to fulfill requires that States take positive measures to enhance people's enjoyment of their basic rights. Individually, we have to respect the same rights we are entitled to.

COMPARATIVE CONCEPT OF HUMAN RIGHTS

It has been recognized across the universe, that there has not been a set of norms on human freedoms considered valid at every place and time. For this reason, the notion of human freedoms keeps evolving. The dynamic nature of this concept creates the need for it to be recognized when conducting any evaluation of any norms of human rights that may be accepted now or in the future. Based on this idea, the notion of human rights generations is a significant analytical tool, as it helps us find the direction and way in which the norms of human rights evolved.

The same idea, however, makes the notion seem counterproductive, in a case where it lessens or hides the rate of growth and evolution of the first and second generations. The changing nature of the norms of human rights has led to change in the 2 generations, and brought about another generation. This concept is at times left out or obscured when evaluating the first and second generations. For instance, in the initial generation, the evaluation of political and civil rights is at times done considering only the State's abstention duty against invasion of people's rights. In the modern world, protection of people's freedom to enjoy political and civil rights, in most cases, includes important intervention by the State along with spending public funds. This in turn allows the courts to teach public officials such as the police and come up with safety measures to stop state officials' political violation of human rights (Claude and Weston, 1992).

The analysis centres on Africa, due to the unwelcoming nature of some African nations to the movements advocating for human rights. Due to political instability, human freedoms and rights are quite difficult to enforce in many African countries. It is, in fact, almost impossible. Many governments and leaders in Africa attribute the poor implementation of human rights to high cost of implementation. In addition, there are those who suspect that those movements are a scum by Western countries to control Africans' ideologies. African countries may have shown interest in improving the freedoms of their people and their living standards, but they have shown reluctance in enforcing them.

They mainly base their argument on a notion they have that the idea and movement of human rights is not of any significance to them. This is because the history and culture of Africa require that the measures they take are unique, as well as their solutions. This idea is based on the fact that the universal system has been evolving over the years, which means that Africa's most important right is that to development. Secondly, the political and civil rights implemented in the West are hard to apply in Africa, due to the high level of poverty. The last factor is that African communities are unique, and have regard for communalism, making those rights that apply to individuals instead of groups inapplicable. The developed countries in the West have embraced the movements for human rights, and use them as the community's watchdogs against violation of these rights by any leaders or the State (Shivji, 1989).

The idea among Africans that the concept of human rights may undermine authority has made it a regular occurrence for them to resist intervention, and for their governments to justify abusing human rights. It is their history, along with the fact that they are afraid of post-colonialism that leads to their high regard for authority. The conflict existing between implementation of international standards of human freedoms and national sovereignty is therefore seen when leaders use national norms and values as an….....

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