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  1. Human Rights

    Monday 9 March 2015

    Insistence in Human Right

    by. Irghalim



    Born into existence, mankind have their own rights to live in dignity, and therefore, in view of humanism, on no account, does one possess more special nor higher standard among the rest, they are all equal, instead. Thus, in order for the coexistence of this equality, all the people around the world, through the political view, have established human rights – the notion justifying the right that fundamentally belong to human.

    Nevertheless, where human rights are not yet declared, back in 19th century, there was an absolute abomination history to human race history. Massacre, bloodshed, and slavery had been the most common phenomenon both in first and second world war. The level of humans’ life was so puny that torturing others was categorized not as an notorious deed. Due to many necessity owned by some parties that thirst for political expansion, humanity was nothing but the target of the slaughter. Under no circumstance, did the victim of apocalypse stop hailing the freedom outcry for their own sake. During the time, to live in such vigorous life were the utopia that required them to champion themselves in desperation.

    As the result of the experience of the war, the world created the United Nation in order to uphold justice and mankind morality. In addition, because of the people’ pursuit to arise the document capturing aspirations, dream, and protection, United Nations established the Universal Declaration of Human Right (UDHR) in 1948 as the attempt ensuring the quality of humanity and keeping the liberty of human right away from the scourge of atrocity.[1] However, the declaration is not kind of treaty and have lack in its enforcement provisions. It is merely a set of principles to be committed by the member states of United Nation in effort to provide people around the world a good quality of life of human dignity.

    Human Right, in the form of treaties, general principles, and other source of international law, is instituted by human rights law. United Nation recognized human rights’ existence as customary international law due to its importance as the prime sources of international law.[2] Therefore, human rights have grown into a custom for most of country to be adopted in the treaties, bodies of principles, and constitution even though human right is not officially written as the law of the states.[3] In addition, International human rights law creates legal obligation to the government of the states to act in particular way or to refrain towards certain acts so that human rights and the independence of both individuals and groups could be carried out. Consequently, any state which allows the idea conflicting the notion of human right in the constitution, for instance discrimination, should be considered as a country that violates the customary international law which is Human Rights.

    According to Universal Declaration of Human Rights, Human right is the right universally belong and inherent to all human beings, since their birth to the end of lifetime. The rights acknowledge the notion that regardless nationality, residence, sex, national or ethnic origin, colour, birth, religion, language, or any other status, people are human and equal one to another in rights and dignity[4]. In regard to equality, we are all empowered to human right with no distinction because every one born into the world deserve a vigorous and safety life. Thus, on no account, shall human rights accept discrimination in any form.

    In addition to equality, Human Rights are inalienable. Human Rights will under no condition be taken away by any necessity but law. On the other words, people will not lose their rights as human. For example, in the age of slavery of America around 17th and 18th centuries, many colonists withdrew the freedom of African who were imported to America and began the slavery. In today life, these circumstances shall not be tolerated by any law.

    On the other hand, should anyone, in some occasion, be the actor of crime in accordance to due process and thereby judged guilty by the court of law, they will have their right to liberty restricted. However, due to legal egalitarianism, each person has equality in the eyes of the law – subject to the same laws of justice are all people. To maintain the fairness of law, all are qualified with appropriate legal action without the presence of discrimination, privilege, or bias. People are entitled to equal protection against injustice.

    Not only do human rights address the prohibition to discrimination, but also promote the value of mankind in view to reach the vigorous life. Therefore, through human right, states need to pay their obligation to fulfill their citizens’ quality of humanity. Education and health care to all people regardless ages, gendre, race, and religion is the example of the contribution of human right. They ensure that all people could obtain the equal gain in every aspect of life.

    Furthermore, human rights are interrelated, interdependent, and indivisible. None of the rights have higher priority over another, yet they are all equal. One cannot degrade particular rights merely because of the prejudice determining certain rights have weaker position beneath others. In addition, human rights are all the complementary framework. Therefore, one idea may supports another idea in the fundamental notion it preserves. For example, the ability of the youth to utter their opinion in university is in consequence of the freedom of expression that human rights offer. As the result, everyday rights such as right to life, rights to development and self-determination, equality before the law, freedom of expression, freedom of religion, the rights to work, social security and education are dependent on each other and thereby unable to be separated.

    The implementation of human rights results the guarantee of the honor of mankind. The rights consist of several pledges and commitment embracing any element of human being for the sake of the equality that lies in humanity. Since its first establishment, human rights have been the answer to seek the protection for those who feel marginalized by some parties causing them to live in such miserable life. Over time, human rights have inspired people in the way of addressing conflict in societies that suffers repression and underlining the concern of injustices such as racial discrimination, torture, enforced disappearances, disabilities, and the rights of women, children, migrants, minorities, and indigenous peoples.[5] Human rights are the measure towards championing universal pleasure of living in dignity.

    The presence of human rights have become the reference that require mankind to live in togetherness. Through the principles preserving the quality of freedom, fairness, and peacefulness, human rights do empower all people on how they should behave to treat each others so that the wish to live in peaceful and dignity could be achieved. As a result, not only could all the people be grateful for being born as a human, but they also shall understand how to appreciate one to another.

    In contrast, even though human being is expected to maintain the equilibrium of the mother nature realm and therefore be its guardian, we have several problematic issue concerning human right. To these days, the number of inequity addressed to humanity is never about to be done. After the world wars were terminated, human right remain vulnerable to threat. In view of situation that every creature were born equal, one party seems to possess so much power over others that enact the atmosphere of endless flounder. For instance, at the time, one party may be the official protecting humanity, but they afterward could betray its principles due to several necessities. The concern of religion recognition, freedom of expression, and political issue are the well-known issue requiring global attention to hail the integrity of human rights.

    Ultimately, it is essential for us to uphold the presence of human right in this paradoxical life. Collaborating in the spirit of freedom to live in peace is the main purpose of why human right was constituted. Human rights are the collective framework of forsaken dream of mankind in past imparting utopia life notion into existence. Moreover, their quintessences encourage people to carry out the equality through daily life. In consequence, it will arise the circumstance of global constuctive community among people where distributing tolerance and upholding humanity are mandatory. As a result, the obligation of nurturing the congruence of the coexistent rights shall be complied.

    *If you find this article helpful please comment and respect the author by citing the quotes.



    [1] University of Minnesota. What Are Human Rights?. Retrieved March 1, 2015, from http://www1.umn.edu/humanrts/edumat/hreduseries/hereandnow/Part-1/whatare.htm
    [2] United Nation Human Rights. What are human rights? Retrieved March 1, 2015, from http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx
    [3] International Committee of the Red Cross. Customary international humanitarian law.  Retrieved March 3, 2015, from https://www.icrc.org/eng/war-and-law/treaties-customary-law/customary-law/overview-customary-law.htm
    [4] United Nation. Universal Declaration of Human Rights. Retrieved March 1, 2015, from http://www.un.org/en/documents/udhr/index.shtml#a5
    [5] United Nation. THE FOUNDATION OF INTERNATIONAL HUMAN RIGHTS LAW. Retrieved March 1, 2015, from http://www.un.org/en/documents/udhr/hr_law.shtml

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