The Declaration of Universal Human Rights a Magna Carta
The United Nations (U.N) General Assembly on the year 1948 December 10th proclaimed and adopted the Universal Declaration of Human Rights in Paris at Palais de Chaillot. It contained an outline of the views by the organization guaranteeing human rights to everybody in the world. Roosevelt Eleanor, the chairman of Human Rights who drafted the declaration referred to it as “Magna Carta for al Humankind”, it also received praise from the global figures like Charles Malik, John Paul 2, among others The U.N General Assembly the called on all the member states to publicize the declaration text and to make it be displayed, read, disseminated, and to be principally expounded in all the educational institutions and schools, with no distinction on the basis of the country’s political situations (Ezra 2008).
This document is described as Magna Carta because it is a common standard of human rights for everyone and all the countries so that all individuals and society organs do bear with the declaration in their minds to strive and aspire to teach it to gain the respect for the said freedoms and rights through progressive measures both at the national levels and international levels to gain universal observation and recognition among the member states and their jurisdiction territories.
This Universal Declaration starts with a preamble containing 7 paragraphs followed by proclamation statement. Each and every paragraph in the preamble gives an explanation of the Universal Declaration adoption (Paul 2009).
In the first paragraph, preamble of the document professes human dignity as the foundation of peace and justice in the world; a number of human rights: freedom rights etc. It recognizes the common aspiration of the human life as freedom of speech, from fear and belief. Humans should use rebellion against vices like tyranny and oppression as the last resort, and these must be protected by the rule of law. The nations have the duty to build healthy relationships amongst them (Ezra 2008). The preamble also recognizes gender equality, the human worth and other fundamental human rights. Member states cooperate in achieving these goals in observing human rights and lastly the common interpretation and proper understanding and realization of the pledges.
The preamble paragraphs is preceded by Declaration “proclamation” as “a common standard of achievement” to “all nations and all peoples” so that “all the society organs” and “all individuals” should by education and teaching promote respect accord for these freedoms and rights through progressive measures, international and national , get their effective and universal observance and recognition. (Mary & Schabas 1998)
This declaration basically rose due to the Second World War experience and is being representative of the world expression of human rights each and everyone is entitled to. The Universal Declaration of Human Rights contains 30 articles elaborated in a number of international treaties, the human rights tools in different regions, national laws and constitutions. The international Bill of Human Rights contains the international covenant on Social, Cultural and Economics Rights, the Universal Declaration of Human Rights, the international agreement on political and civil rights. In the early 1966 the two conclusive covenants were adopted by the General Assembly, after ratification by significant number of nations, it then took force from international law.
Europe, a Global Model to Human Rights Protection
The current situation regarding the human rights practices in Europe generally is believed to be good by many. The European Convention on Human RIGHTS also called the Convention for Human Rights Protection and Fundamental Freedoms was adopted in Europe under the watch of Council of Europe in the year 1950 basically for Human Rights Protection and other fundamental freedoms. Europe member countries of all councils are party to it and new members are invited to ratify it. This convention bore the European Court of Human Rights, where those who feel their rights have been violated can forward their cases to these courts for hearing especially under the state part convention. This does not mean that this court decisions are legally binding automatically, though they have the power to recommend damages. The idea of courts establishments to protect human rights violations is very innovative in the face of international convention for the protection of human rights because it gives as it makes people active on international arena (European Convention for Human Rights 2008).
The European convention on human rights protection is the only international agreement on human protection providing a very high level of human protection compared to any other in the world (Ovey et al 2006). The court also accepts or hears a case where one state reporting the other in the court for human rights violation, though this power is not used most often. The convention contains many protocols, like protocol 13 prohibiting death penalty among others; these protocols differ from one country to another. (European Convention for Human Rights 2008)
Though European countries have one of the best practices in protection of human rights, they also numerous human rights problems alleged which include police brutality on the asylum seekers, judicial rights infringements and the business person’s freedoms under corrupt regulatory bodies. The European countries have been reported in the annual reports of Amnesty International for different violations on human rights. Belarus is a major culprit here, the only European country rated “authoritarian” with either “hybrid regime”, flawed democracy” or “full democracy” ratings. Europe history on human rights have been a contradiction and a combination of fundamental human rights violations on one hand and intellectual and legislative progress on the other hand both at home and its colonies.
In 2005 the Council of Europe adopted a convention against human beings trafficking. In 2008 the European Union issued a directive on illegal immigrants return, 67,000 people crossed the Mediterranean Ocean to Europe, many drown and died, those who made it led a terrible life without identification papers, they were exposed to exploitation by the Europeans. Some EU member states made bilateral agreements with African states to return migrants or even stop them from leaving (Ovey et al 2006).
The EU holds the banner and is ever ambivalent on its human rights commitment. Even though EU have strong stand on issues like freedom of expression, death penalty and human rights defenders protection, many member countries does not conform to international standards on discrimination and racism, refugee protection, or own up to terrorists extraordinary rendition.
This document is described as Magna Carta because it is a common standard of human rights for everyone and all the countries so that all individuals and society organs do bear with the declaration in their minds to strive and aspire to teach it to gain the respect for the said freedoms and rights through progressive measures both at the national levels and international levels to gain universal observation and recognition among the member states and their jurisdiction territories.
This Universal Declaration starts with a preamble containing 7 paragraphs followed by proclamation statement. Each and every paragraph in the preamble gives an explanation of the Universal Declaration adoption (Paul 2009).
In the first paragraph, preamble of the document professes human dignity as the foundation of peace and justice in the world; a number of human rights: freedom rights etc. It recognizes the common aspiration of the human life as freedom of speech, from fear and belief. Humans should use rebellion against vices like tyranny and oppression as the last resort, and these must be protected by the rule of law. The nations have the duty to build healthy relationships amongst them (Ezra 2008). The preamble also recognizes gender equality, the human worth and other fundamental human rights. Member states cooperate in achieving these goals in observing human rights and lastly the common interpretation and proper understanding and realization of the pledges.
The preamble paragraphs is preceded by Declaration “proclamation” as “a common standard of achievement” to “all nations and all peoples” so that “all the society organs” and “all individuals” should by education and teaching promote respect accord for these freedoms and rights through progressive measures, international and national , get their effective and universal observance and recognition. (Mary & Schabas 1998)
This declaration basically rose due to the Second World War experience and is being representative of the world expression of human rights each and everyone is entitled to. The Universal Declaration of Human Rights contains 30 articles elaborated in a number of international treaties, the human rights tools in different regions, national laws and constitutions. The international Bill of Human Rights contains the international covenant on Social, Cultural and Economics Rights, the Universal Declaration of Human Rights, the international agreement on political and civil rights. In the early 1966 the two conclusive covenants were adopted by the General Assembly, after ratification by significant number of nations, it then took force from international law.
Europe, a Global Model to Human Rights Protection
The current situation regarding the human rights practices in Europe generally is believed to be good by many. The European Convention on Human RIGHTS also called the Convention for Human Rights Protection and Fundamental Freedoms was adopted in Europe under the watch of Council of Europe in the year 1950 basically for Human Rights Protection and other fundamental freedoms. Europe member countries of all councils are party to it and new members are invited to ratify it. This convention bore the European Court of Human Rights, where those who feel their rights have been violated can forward their cases to these courts for hearing especially under the state part convention. This does not mean that this court decisions are legally binding automatically, though they have the power to recommend damages. The idea of courts establishments to protect human rights violations is very innovative in the face of international convention for the protection of human rights because it gives as it makes people active on international arena (European Convention for Human Rights 2008).
The European convention on human rights protection is the only international agreement on human protection providing a very high level of human protection compared to any other in the world (Ovey et al 2006). The court also accepts or hears a case where one state reporting the other in the court for human rights violation, though this power is not used most often. The convention contains many protocols, like protocol 13 prohibiting death penalty among others; these protocols differ from one country to another. (European Convention for Human Rights 2008)
Though European countries have one of the best practices in protection of human rights, they also numerous human rights problems alleged which include police brutality on the asylum seekers, judicial rights infringements and the business person’s freedoms under corrupt regulatory bodies. The European countries have been reported in the annual reports of Amnesty International for different violations on human rights. Belarus is a major culprit here, the only European country rated “authoritarian” with either “hybrid regime”, flawed democracy” or “full democracy” ratings. Europe history on human rights have been a contradiction and a combination of fundamental human rights violations on one hand and intellectual and legislative progress on the other hand both at home and its colonies.
In 2005 the Council of Europe adopted a convention against human beings trafficking. In 2008 the European Union issued a directive on illegal immigrants return, 67,000 people crossed the Mediterranean Ocean to Europe, many drown and died, those who made it led a terrible life without identification papers, they were exposed to exploitation by the Europeans. Some EU member states made bilateral agreements with African states to return migrants or even stop them from leaving (Ovey et al 2006).
The EU holds the banner and is ever ambivalent on its human rights commitment. Even though EU have strong stand on issues like freedom of expression, death penalty and human rights defenders protection, many member countries does not conform to international standards on discrimination and racism, refugee protection, or own up to terrorists extraordinary rendition.
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