Effectiveness of the Enforcement Mechanisms of International Human Rights law

QUESTION

 

You can write between (2850-3000) except footnotes and bibliography, please don’t exceed word limit.

3000 words

How to write:

OSCOLA referencing, with Arial front -11, Include a nice Bibliography end of the work including all sources separate like (books, cases , legislation, journal articles etc )

Question:

Critically assess the effectiveness of the enforcement mechanisms of international human rights law offered by the United Nations, comparing to the enforcement mechanisms offered by principal regional systems such as the European and American systems .Is it possible to argue that regional systems of human rights protection have been more successful with regard to the question of enforcement than the UN system?

Please kindly look at the pictures it will be helpful write this essay easily.

1. Introductions,

• Give short description of UN Organizational structure for Human rights( LOOK at the slide.)
• Give an overview of the whole essay nicely.

2. Body Paragraph,

• Discuss briefly the enforcement mechanism of International Human Rights law offered by the United Nations. (Look at the first slide)
• Make caparison must with European and American system Regional system(please look at the reading)
• Is it possible to argue that regional systems of human rights protection have been more successful with regard to the question of enforcement than the UN system? (must give yours arguments with proper references.

3. Conclution

Special note; please reference properly with OSCOLA,I said again again include Sources name nicely on Bibliography section( Books , cases, legislation,journals) sperately

Recommended reading:

1. Journal article

• Towards a Strong System of Supervision: The Human Rights Committee’s Role in Reforming the Reporting Procedure under Article 40 of the Covenant on Civil and Political Rights in Human Rights Quarterlng ( by Ineke Boerefijin – 1995)
• I have tried my best to give slides but file is too big that’s why I cant give it to but give u two or three pictures please kindly look.

   

ANSWER

 

Introduction

The Human Right Council of United Nation is an initiative taken up to ensure promotion and safeguard of human rights. This organisation of the UN has 43 members and it ensures that the entire citizen gets their basic rights. All individuals irrespective of the cast, religion, race or culture has human rights. These rights include the freedom to express their thoughts and liberty to move according to their wish. They cannot be enforced to do something which is against their wish. Forcing an individual or restricting them from living a normal life is a violation the human rights.

Human right is promoted by UN to maintain peace within the countries and ensure that all the citizens are getting equal rights such as right to development. Labour right is looked after by the International Labour Organisation to ensure that all the labours get their basic rights at workplace. At the same time, it has been analysed that gender equality is promoted by UN to ensure that women’s gets equal opportunities

This assignment sheds light on the effectiveness of human right enforcement at international level. In addition, the study also compares the human right implication between the Europe as well as the American system. The study seeks to conduct a detailed understanding of different rights cases on human right violations and the consequences of such violations.

Body

Enforcement mechanism of International Human Rights law offered by the United Nations

International Human Rights[1] is considered to be an essential part of UK. Introduction of Human rights in UN was mainly to ensure that all the individual get basic rights and are able to lead a stable lifestyle. After the Second World War, the condition of human deteriorated to great extent. A feeling of discrimination originated among each other and they were subjected to violation. UN decided to establish a distinct unite as Human Right Council to look after such matters of rights violations. [2]Enforcement of rights by the superior class was common during the early periods after Second World War. However, even after the introduction of Human Right Councils the scenario has changed to some extent among the member countries.

In Commissioner of Police of the Metropolis v DSD and Anor [2018][3] cases, it has been evaluated that an individual has been subjected to violation and their human right has been hampered. John Worboys has been accused of sexual harassment towards women. However, he stated that he has been subjected to violation of his human rights by the police officer. John Worboys was a cab driver and has been arrested by police in the year 2003. He has claimed that there was a shortcoming in police investigation and thus he was proved inhuman in count. Under the Article 3 of Human Right Act, Supreme Court has granted permission to John Worboys to fight against the inhuman treatment by the police officers and prove his innocence. This case highlights the enforcement of human right by hierarchy of society. The police officer being at higher post as compared to the driver has did not perform authentic investigation.

At the same time, yet another case of Robinson (Appellant) v Chief Constable of West Yorkshire Police[4]was evaluated where a 70 years old women was knocked down by two individual who were suspected to drug dealers by police constable. The women fell down on ground and were injured. The constable arrested both Robinson suspecting him to be a drug dealer. He, however, was not provided any time to prove his innocence and was treated in an inhuman manner. Supreme Court ensured that Robinson was granted his basic right to move freely and was released in the year 2008[5]. Arresting a suspect without proper investigation is considered to violation to human rights of the victim. Judging an individual according to their appearance is illogical and is against the Human Right Act, Article 6. Fair trial is essential without any enforcement of inhuman treatment towards in suspect until and unless his crime is proved.

It has been evaluated in case Government vs. Human Right Commission that the article 8 of Human Right Act government of Ireland has enforced ban on abortion[6]. All individual has the right to life. Killing a life even before they are born is unethical and is considered violation of human right of the child. Government of Ireland has been ever strict towards their decision and ensure that no child is aborted in their country[7]. However, the appeal was dismissed by the Supreme Court saying that there is no victim in such case. The Human Right Commission needed to provide authentic augmentation to prohibit abortion. According to Schedule 10 of the Northern Ireland Act 1998[8], the Irish court stated that there is abortion in case of rape and abnormality in fatal foetal which is essential and cannot be prohibited from the country.  It is thus essential to include the ethical concept in the implication of the Human Rights Act to ensure that the right can be altered according to the betterment of mankind.

Thus, the enforcement of Human Right according to the UN has been beneficial for the people to fight against the inhuman treatment towards them. The UN provides right to their member countries and ensures that all the individuals are able to live in a stable environment and their right are safeguarded[9]to protect the citizen from violation of their basic human rights the UN has suggested their member nations to take up Acts for protection of Human Right.

Comparison between American and European regional system

The American system is consisting of two significant entities that is Inter- American Commission on Human Rights (IACHR) and Inter-American Court of Human Rights (IACHR). These two bodies have the provision of deciding against the complaints of human rights violations and taking protective measures when an individual is in risk of severe irrecoverable damage. The Inter American Commission on Human Rights can decide complaints against 35 member states of OAS that is Organisation of American States[10]. Petitions must be alleged on violating the Human Rights of America or the rights, duties of man declared by America. The authorised commission can accept petitions from an individual, group of individuals, any non-governmental firm acknowledged by OAS. The commission also has a provision to take necessary measures in order to provide emergency protections. The Inter- American Court of Human Rights may examine the cases against the states that have given formal consent and acknowledged the Inter-American Court’s Jurisdiction.

On the other hand European Court of Human Rights has the right to decide complaints against all the 47 members of European council[11]. Any state, individual, private organisations can file complaint for violating European Human Rights. The court can issue any type of protective order in order to prevent a serious risk of not repairable harm. The European Committee of Social Rights may decide complaints against those states who have been selected to accept the complaint procedures. Only the approved organisation, unions can submit the complaints.

Equality

Civil Rights Act of 1964 and Equal protection Clause of 14th Amendment to the United States Constitution claims that all person born in United States must be considered as the citizen of US. No state can deny any such person within its jurisdiction. The 15th Amendment to the United States Constitution added that no citizen can be denied to vote on basis of race, colour or previous status of slavery. This act promotes against any discrimination on basis of race and origin.

On the other hand the Race Relation Act, 1976 and the subsequent Amendment in 2000, prohibits any type of discrimination on basis of race, colour, nationality, origin in several fields such as employment, education and access of goods and services.

The 19th amendment to the United States Constitution prohibits any type of denial of the right to vote on basis of sex. Civil Rights Act legislation also inhibits discrimination on basis of sex or gender in the workplace. The constitution of United Nation has defined rape and sexual harassment hence this will be considered as Civil Right violation.

Similarly the Sex Discrimination Law, 1975, of Europe prohibits discrimination on basis of marital status, gender, sex or gender reassignment in the field of employment, education, and access to goods and services. Also by Employment Equality Regulation 2003 all discrimination on grounds of sexual orientation is prohibited in the field of employment, training.

The Americans with disability act, 1990 adopted the anti discrimination legislation for disabled people[12]. According to this act the qualified person with disabilities must be employed to reduce the dependency on government entitled programs and provisions and to improve the labour force participation simultaneously.

The Disability Discrimination Act, 1995 of UK prohibits the discrimination on the ground of a person’s disability in the field of employment, education and other facilities[13].

 

Freedom

The Constitution of United States addresses the issue of independence regarding religion in the First Amendment and in Prohibition on Religious Tests, Article VI.  These inhibit the establishment of a national religion or preferring one religion over the other.

In the Article 9 of Human Rights Act, 1998 the right to freedom of any religion is promoted and the belief is protected.

The 1st Amendment to the constitution of United States protects the right to freedom of expression which includes the speech, media and public gathering. But there are some controversial laws such as Digital Millennium Copyright Act and Bipartisan Campaign Reform Act which has the allegation of infringing the freedom of expression.

Under Article 10 of Human Rights Act, 1998 every citizen of United Kingdom has the right to freedom of expression. However the states that this freedom comes along with formalities, restrictions, terms and conditions which are common in a democratic society.

 

Labour rights

National Labour Relations Act, 1935 protects the rights of most workers in non-government sectors to form labour unions in order to organise strikes and other activities supporting the demands. They provide Maternity Leave Policy to the female workers. There is implementation of death penalty in violation of 8th Amendment to the United States Constitution.

United Kingdom Labour Law manages the relations between workers and employers. National Minimum Wage Act, 1998 states the right to a minimum wage for above 25 years old workers[14]. The Employment Rights Act, 1996 provides the right to the maternity leave or leave for child care. Pension Act, 2008 gives right to access the occupational pension facilities.

 

Health care

The Emergency Medical Treatment and Active Labour Act, 1986 states that no person will be denied to provide emergency services irrespective of their paying capacity or citizenship. United States Medicaid program provides coverage to the individuals and families of low income.

On the other hand United Kingdom also has adopted the International Declaration of Human Rights which states that everyone has the right to have a standard of living necessary for maintaining health and well being which includes the availability of food, clothing, shelter and basic healthcare services.

 

Justice System

The fourth, fifth, sixth and eighteenth Amendments of the Bill of Rights make sure that accused criminal to have the needed procedural right. United States also have a Judicial Review system over the government actions. According to Human Rights death penalty is inhumane and the ultimate and irreversible penalty process.

On the other Police and Criminal Evidence Act 1984 governs the liberty and security to the accused criminal or suspect. This also provides protection to the suspect against being victimised. This act controls the limits of what a police can do and the rights that a suspect have.

 

Success of Regional systems of human rights protection with regard to the question of enforcement than the UN system

Human right protection differs from region to region and it depends on the government a particular region to deal with their citizen. However, an international rule on Human right protection has been enforced by UN on their member nations. It has been evaluated that the UK is a nation of cultural diversity and it is essential for the regions to take up initiatives to safeguard the human right of the child as well as adults restricted in their territorial region. Implication of different articles of Human Right Act in UK ensures that their city is not subjected to any kind of rights violations. [15]It has been evaluated that the ground level scenario is completely different there is a cases related to human right violations in UK which shows the inhuman side of the nation.

In the case Banger Vs UK [2018] it has been identified that a person who is not a citizen of EEA has no right to move freely in the nation. However, if the couple is married and their partner moves to EEA after marriage than one the partner who is a prior citizen of EEA will have the right to move freely within the nation and at the same time, the other partner who is not a member of EEA will not be granted permission to move[16]. The violation of right according to Article 3(2), an individual has the right to move freely within their territorial region and their right will not be carry forwarded to any other region. This type of regional regulation is enforced by the government due to security reason and thus violation of human rights is kept stagnant in such case. [17]

In Boyd & Anor Vs Ineos Upstream Ltd & Ors [2019] case it has been evaluated that the government has restricted people from assembling at a particular place. This case has been taken to high court when the Boyd and Anor argued about violation of their right to move freely as well as expression of their thoughts. However, this case was discarded by court as the protest was unlawful and was against the nation’s welfare[18].

The government of any nation needs to be very specific about the implication of acts. It has been evaluated that according to Article 10 of Human Right Act all the individual of nations has the freedom to express their thoughts. At the same time, the government ensures that the protest or the expression of thoughts needs to be in favour of the country and ensure prosperity of their nation.[19]

In the famous case of Lee Vs, Asher baking Co Ltd [2018] was identified when the power of the bakery refuses to make a cake with caption stop gay marriage. This case was known as a famous cake case and was taken to high court. It is the right of the owner to ensure that he chose this work according to his will but at the same, this case was against the ethics of a citizen of UK[20]. As gay community has been evaluated in UK and it was unethical for the buyer to claim such demand of cake with such unethical caption. [21]The owner stated it in court that he did not has an issue with the buyer or his mentality but he was against the slogan which buyer insisted to be written on the cake. The court dismissed the case as there was no personal discrimination conducted by the owner towards the buyers and it is completely the right of the owner to say no to any task that he is unwilling to do.

At the same time, it has been evaluated in Darnley (Appellant) v Croydon Health Services NHS Trust human harassment is considered violation of human rights. Darnley when to NHS after a brain injury where he was stated in the reception at his has to wait for 4 to 5 hours. After listening to that he decided to return back home with his mother. On returning back he fainted and had suffered from a severe brain disorder. Supreme Court has stated that it was a serious discrimination from the authority of NHS as they did not provided the accurate waiting time to Darney which was considered to be an essential reason for the deteriorating health condition of Darney[22].

Violation of right to important according to Article 7 all the individuals has the right to information. Discrimination in providing effective information is harmful and is at the same time considered to be violation of human right. The rules and regulations regarding the human right violation differ a little from one region to another but the basis of this law implication remains as formed by UN.

It has been evaluated that region with homogeneity in culture, race, origin of people suffers less from human right violation than from areas with homogeneous cultural background.

 

 

Conclusion

Hence, it can be concluded that the implication of Human Right Act by the UN has been essential for the citizens. The regulation has provided strength to the individual to protest against the inhuman behaviour towards them. They have the right to move to court and raise their voice against practice of discrimination. It has been evaluated from the detailed analysis of the case studies that the provision of Human Right Act 1998 in UK has huge dimensions and is categories under different Articles. The government of UK has strong rules and regulations towards the safeguarding of basic rights of their citizens. It has been observed that there are cases where the human rights of people are kept stagnant for the betterment of the nations. The government works for the nationals benefit and acts to restrict free movement or right to expression of an individual or group if it against nation’s wellbeing.

It has also been identified that there is a difference in implication of legislation of safeguarding rights of human according to different territory. Rules and regulation of countries are not same and are implemented according to the benefit of the nation. The initiative taken up by the UN has been effective in maintaining the stability among the citizen and strict punishment ensures that all the citizen live with peace and harmony. The UN promotes international peace with the effective implication of rules and regulation ensuring that no individual is subjected to discrimination on any ground.

 

 

Bibliography

Books

Caporaso, James A. “The European Union: dilemmas of regional integration. Abingdon: Routledge, [2018].

Donnelly, Jack, and Daniel J. Whelan. “International human rights”. Hachette UK, [2017].

Edge, Peter W. “Religion and law: An introduction”. Abingdon: Routledge, [2017].

Flemes, Daniel, ed. Regional leadership in the global system: ideas, interests and strategies of regional powers. Abingdon:Routledge, [2016].

Sikkink, Kathryn, and Ellen Lutz. “The justice cascade: the evolution and impact of foreign human rights trials in Latin America.” In International Law and Society. Abingdon: Routledge, [2017].

Towards a Strong System of Supervision: The Human Rights Committee’s Role in Reforming the Reporting Procedure under Article 40 of the Covenant on Civil and Political Rights in Human Rights Quarterlng (by InekeBoerefijin – [1995]

 

Journals

Alderson, Priscilla. “International human rights, citizenship education, and critical realism.” London Review of Education [2016] 21 2 1,12.

Kerikmäe, Tanel, Ondrej Hamulak, and Archil Chochia. “A historical study of contemporary human rights: deviation or extinction.” Acta Baltica Historiae et Philosophiae Scientiarum [2016] 4 2 98, 115.

Notrica, David M., Lois W. Sayrs, and Nidhi Krishna. “The effect of verified pediatric trauma centers, state laws, and crash characteristics on time trends in adolescent motor vehicle fatalities, 1999-2015.” Journal of trauma and acute care surgery [2018] 85  5  944, 952.

Sherman, John F. “Should a Parent Company Take a Hands-off Approach to the Human Rights Risks of its Subsidiaries?.” Business Law International [2018] 19 1 23, 2.

Silberman, Linda. “(American) Conflict of laws revolution.” In Encyclopedia of Private International LawEdward Elgar Publishing Limited,[2017] 66,70.

Speakman, Elizabeth M., Scott Burris, and Richard Coker. “Pandemic legislation in the European Union: Fit for purpose? The need for a systematic comparison of national laws.” Health Policy [2017]: 121 10 1021,1024.

van der Ploeg, Lidewij, and Frank Vanclay. “Challenges in implementing the corporate responsibility to respect human rights in the context of project-induced displacement and resettlement.” Resources Policy [2018] 5 8  210, 222.

 

Cases

Commissioner of Police of the Metropolis v DSD and Anor [2018] UKSC 11

Darnley (Appellant) v Croydon Health Services NHS Trust (Respondent) WLR1153

Government vs. Human Right Commission [2015] UKSC33

In Boyd & Anor v Ineos Upstream Ltd & Ors [2019] EWCA C IV 515

Lee Vs Asher baking Co Ltd [2018] UKSC 49

Robinson (Appellant) v Chief Constable of West Yorkshire Police (Respondent)[2008]UKSC23

 

Legislation

Human Right Act 1998

Northern Ireland Act 1998

Civil Rights Act of 1964

Race Relation Act, 1976

Sex Discrimination Law, 1975

Americans with disability act, 1990

Disability Discrimination Act, 1995

Human Rights Act, 1998

National Labour Relations Act, 1935

National Minimum Wage Act, 1998

Employment Rights Act, 1996

Pension Act, 2008

Emergency Medical Treatment and Active Labour Act, 1986

International Declaration of Human Rights

Police and Criminal Evidence Act 1984

[1] Human Right Act 1998

[2] Donnelly, Jack, and Daniel J. Whelan. “International human rights”. Hachette UK, [2017].

[3] Edge, Peter W. “Religion and law: An introduction”. Abingdon: Routledge, [2017]

[4] Commissioner of Police of the Metropolis v DSD and Anor [2018] UKSC 11

[5] Robinson (Appellant) v Chief Constable of West Yorkshire Police (Respondent)[2008]UKSC23

[6] Government vs. Human Right Commission [2015] UKSC33

[7] Government vs. Human Right Commission [2015] UKSC33

[8] Northern Ireland Act 1998

[9] Sikkink, Kathryn, and Ellen Lutz. “The justice cascade: the evolution and impact of foreign human rights trials in Latin America.” In International Law and Society. Abingdon: Routledge, [2017].

[10] Notrica, David M., Lois W. Sayrs, and Nidhi Krishna. “The effect of verified pediatric trauma centers, state laws, and crash characteristics on time trends in adolescent motor vehicle fatalities, 1999-2015.” Journal of trauma and acute care surgery [2018] 85  5  944, 952.

[11] Caporaso, James A. “The European Union: dilemmas of regional integration. Abingdon: Routledge, [2018].

 

[12] Silberman, Linda. “(American) Conflict of laws revolution.” In Encyclopedia of Private International LawEdward Elgar Publishing Limited,[2017] 66,70.

[13] Speakman, Elizabeth M., Scott Burris, and Richard Coker. “Pandemic legislation in the European Union: Fit for purpose? The need for a systematic comparison of national laws.” Health Policy [2017]: 121 10 1021,1024.

 

[14] Flemes, Daniel, ed. Regional leadership in the global system: ideas, interests and strategies of regional powers. Routledge, [2016].

 

[15] Kerikmäe, Tanel, Ondrej Hamulak, and Archil Chochia. “A historical study of contemporary human rights: deviation or extinction.” Acta Baltica Historiae et Philosophiae Scientiarum [2016] 4 2 98, 115

[16] Towards a Strong System of Supervision: The Human Rights Committee’s Role in Reforming the

Reporting Procedure under Article 40 of the Covenant on Civil and Political Rights in Human Rights Quarterlng (by InekeBoerefijin – [1995]

[17] Alderson, Priscilla. “International human rights, citizenship education, and critical realism.” London Review of Education [2016] 21 2 1,12.

[18] In Boyd & Anor v Ineos Upstream Ltd & Ors [2019] EWCA C IV 515

[19] Sherman, John F. “Should a Parent Company Take a Hands-off Approach to the Human Rights Risks of its Subsidiaries?.” Business Law International [2018] 19 1 23, 2.

Alderson, Priscilla. “International human rights, citizenship education, and critical realism.” London Review of Education [2016] 21 2 1,12

[20] Lee Vs Asher baking Co Ltd [2018] UKSC 49

[21] van der Ploeg, Lidewij, and Frank Vanclay. “Challenges in implementing the corporate responsibility to respect human rights in the context of project-induced displacement and resettlement.” Resources Policy [2018] 5 8  210, 222.

[22] Darnley (Appellant) v Croydon Health Services NHS Trust (Respondent) WLR1153