Exploring the Universal and Inherent Rights of Humanity: A Critical Review of Global Human Rights Principles and Enforcement

Exploring the Universal and Inherent Rights of Humanity: A Critical Review of Global Human Rights Principles and Enforcement

By Nivitigala Sumitta Thero (Bhante Sumitta)

Paraphrase of "What Are Human Rights?"

Human rights are universal entitlements belonging to all individuals, irrespective of their demographic or personal characteristics such as race, gender, nationality, ethnicity, language, or religious beliefs. These rights encompass fundamental freedoms such as the right to life, liberty, protection from slavery and torture, and the freedoms of opinion, expression, employment, and education. These rights are to be upheld for everyone without any form of discrimination.

Critical Analysis

The concept of human rights as universal and inherent rights due to every human being offers a moral framework for promoting dignity and equality. These principles are crucial in advocating for and protecting the liberties of individuals and groups globally. The establishment of international human rights law serves as a mechanism by which states are obligated to behave or refrain from behaviors to foster and safeguard these rights. This framework is instrumental, not only in setting a universal standard as seen in the creation of documents such as the Universal Declaration of Human Rights (UDHR) but also in addressing the needs of specific groups like women, children, and minorities through specialized treaties and laws.

However, while the international human rights law framework is comprehensive, its enforcement remains challenging. The effectiveness of human rights laws heavily relies on the willingness and capability of national governments to implement them, which can vary significantly from one country to another. Moreover, geopolitical and economic interests often influence how rigorously these rights are upheld, leading to inconsistencies in human rights protection globally.

The UDHR, often heralded as a milestone in human rights history, sets a precedent for the rights and freedoms that all individuals are entitled to. Its impact is profound, having influenced many national constitutions and the democratic processes of numerous states. Nevertheless, the declaration itself is not a treaty and lacks legal enforceability, which can limit its practical application in compelling states to adhere to its principles.

The mechanisms established by the United Nations, such as the Human Rights Council and its Universal Periodic Review, are innovative in fostering an inclusive dialogue on human rights practices. These mechanisms allow for a peer review of countries, promoting a cooperative environment for discussing human rights issues. However, the effectiveness of these forums can be hampered by political bargaining, where states may be reluctant to criticize others to maintain diplomatic relationships or economic ties.

In conclusion, while the framework of international human rights law and the various bodies created to uphold these rights are foundational for global human rights advocacy, significant challenges remain. The variability in enforcement and the influence of political and economic interests necessitate continual efforts to strengthen these systems to ensure that human rights are universally respected and protected.

Reference:

United Nations. (2023). Human Rights Overview. https://www.un.org/en/global-issues/human-rights