Monday, Jan 10, 2005
Human Rights for Natural Justice By - Fatima ChowdhuryAfter completing her BA Honors degree in History & MA in International Relations from New York (USA), Fatima Choudhury began her career as a freelance writer. She has lived in India, Europe and North America, each unlocking a new world diverse in tradition and culture. The different perspectives and experience has allowed Fatima to better explore and address varied global issues that are important to the human existence. So far, Fatima has been very fortunate to work with good editors and newspapers in India as well as overseas. A person who loves to write for the readers and not just herself, Fatima's “My Point of View” will give interesting pieces on various issues that hit your mind and she would welcome your feedback.
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“All human beings are born free and equal in dignity and right. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”
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These lines from Article 1 of The Universal Declaration of Human Rights can be defined as the very foundation of modern human rights activism and promotion of mutual respect and compassion. It is the inspiration for organizations such as Human Rights Watch and Amnesty International. Today, human rights are not just a moral philosophy but also an ideal recognized by international law and encouraged by a global movement. Yet, history stands a silent observer to the gross violation of human rights and fundamental freedom.
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Time and again our conscience have been infuriated by repugnant acts of merciless brutality committed by individuals and groups. There is the continued violence in Iraq, chaos in Afghanistan, uncertainty in the Middle East and fear of terrorist attacks in every city and town. It is not uncommon for the unprivileged to be denied justice, and social, cultural and economic rights continue to be violated everyday. It all makes one wonder whether human rights really matter? Does anyone really care after all inhuman acts continue to be part of our history?
It is easy to say ‘No’ as human rights seem to have simply become an idealist concept for majority of the people in the world. A vision that has inspired international laws and organizations but has largely remained an unrealised concrete reality. Take for instance the Armenian Genocide during 1915-1916, where one and a half million Armenians were killed by the then Turkish government. The Holocaust led to the death of almost 6 million Jewish people and left many more with the scars of human cruelty. We continue to be haunted by the images of frail bodies and pleading eyes of victims starved, beaten and tortured. The pledges to prevent such terrible acts against humanity remain insincere, ineffective and lacking commitment, as perpetrators are not made responsible and the lack of accountability allows a vicious cycle to set in with ease.
The genocide of Cambodia between 1975 and 1979 led to the death of over half a million Cambodians by the Khmer Rouge. In 1994, the genocide in Rwanda led to approximately 800,000 people being brutally murdered as the international community deliberated and struggled to find consensus for an “intervention force” in Rwanda. From the “ethnic cleansing” in Kosovo to the tortures at Abu Gharib prison in Iraq, the dark side of human beings have surfaced each time with greater wickedness and contempt. The gruesome deaths and tales of horror become more disturbing with each new conflict and wave of hate. What propels such brutish inhumanity is debatable but unjustifiable.
Human Rights violation is not defined by the magnitude of killings and tortures alone but the denial to a decent existence and respect for human life. In many countries people survive under deplorable living conditions. Approximately 250 million children around the world are working in various jobs, frequently under hazardous conditions. Religious persecution, repression and denial to access to rule of law, all cumulatively violation of human rights in a small, medium or large scale.
There is an acknowledgement of Universal Human Rights as a righteous vision. But the continuous violation of its principles have left many to wonder whether it is simply a hypothetical concept confined to international statutes. But human rights are not a new phenomenon, but one that has evolved over centuries from its roots in European though to a universal set of laws. Abstractly derived from the philosophy of the ancient Greco-Roman doctrines’ of natural law, the principles of human rights were reflected in the earliest known legal document called Magna Carter or Great Charter. The document was signed in 1215 as a concession made between King John of England and a group of barons that rebelled against the arbitrary powers of the King. As a result, the charter granted rights to the citizens of England and at the same time created limitations to the Kings authority. It had then become an important part of British constitutional history and also a significant part in the struggle for Universal Human Rights.
The philosophy of natural law continued to be perpetuated in the works of the Italian theologian and philosopher, St. Thomas Aquinas. It became the key foundation to expansion of the theory of international law by Hugo Grotius. Past philosophers such as G W von Leibniz and Jean Jacques Rousseau to the present works of Jacques Maritain, natural law continues to influence the discourse on Human Rights.
In the 17th and 18th Century, philosophers had also begun to debate the theory of “natural rights” that has developed from the idea of natural law. That is, human beings were born with certain rights that could not be denied by any authority as they were endowed by nature or God. It was a theory that was reflected in the works of John Locke, Jacques Rousseau and Thomas Paine.
In 1948, the United Nations General Assembly unanimously adopted the Universal Declaration of Human Rights. It recognized the need to “promote and encourage respect for Human Rights and fundamental freedoms.” The Declaration is a testament of our commitment to the basic principles of Human Rights. But as the statues are voluntary, governments and the international community are not bound to adhere to the principles of international law. The moral philosophy of human rights has made it to the pages of international law but from the English Bill of Rights in 1689 to the Universal Declaration of Human Rights of 1948, the struggle continues for dignity and civil liberties for all human beings.
International organizations like Amnesty International, Human Rights Watch and Free the Slaves to name a few have become global movements that strive to keep alive the vision for a world where human dignity has a value and where respect for human rights is not a choice but a necessity. True, there have been failures that have made us disillusioned about the value of human rights. The challenge is to overcome failures without losing heart because the hope that humanity still exists gives us a sense of optimism and strength through the dark times.
Where there is a failure there is also a success. The creation of the International Criminal Court is a promising step in bringing to justice war criminals and crimes against humanity. New legislation introduced in Morocco aim to improve the status of women. The recent court decision to strip former Chilean dictator General Augusto Pinochet of his immunity is being seen as an important step in Human Rights prosecution. These are just some of the successes that help to renew and strengthen our belief in the vision of Human Rights as a conscientious obligation for change and betterment.
The success of Human Rights lies in the effectiveness of global civil society to be mobilized in voicing their concerns and exerting pressure to end crimes against humanity. Governments must be held accountable by their citizens to ensure the rule of law is applied impartially. International organizations bring awareness to issues but there is a need for solutions and action. There have been considerable obstacles in the journey for human rights but we must not give up or give in but stay firmly on course for there is no other way, humanity is the only way to our existence.
It is not easy to strive for human rights and freedom in a world that is far from perfect and divided by the changing times. Every inhuman act is a reminder that it is easier to aspire for Human Rights and even more difficult to translate those aspirations into reality. It would in all honesty be unrealistic to think that there can be no violation of rights and that every human being is capable of being peaceful. However, with effort and determination we can limit crimes against humanity and violation of basic human rights. Human Rights begins with each one of us and we need to play our part ensuring that human rights means something more than meaningless words in the pages of international law and an ideal that can exist in reality and not just dreamt as an unattainable vision. There is an anonymous saying that best sums it up: “There is enough bad in people to make law necessary, and enough good in people to make it workable."
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