Human rights means being able to hold hands with the person you love, work where you’re qualified to work without your skin color or sexual orientation being the reason you can’t; it means having the right to be human, making choices and mistakes Dec 24, · Human rights are the basic fundamental rights that we, as humans, are entitled to. Human rights mark everyone as free and equal, irrespective of age, gender, caste, creed, religion and nationality. The United Nations adopted human rights in light of the atrocities people faced during the second world war The topic of what entails human rights has been a subject of debate for a long time, of what it entails and the extent of each individual’s rights. In the 17th century, for example, there was a debate on whether individuals can give up some of their rights to be protected by the state (Shor & Sailofsky, )
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The international system, including essay human rights legal system, has been long described as governed by essay human rights rule of anarchy since there is no authority higher than the state. At the same time, essay human rights, history saw numerous attempts of states to create international bodies that would establish certain rules and principles in the field of international law to guarantee justice and consistency, essay human rights. The present paper examines three important decisions issued by the International Court of Justice and the European Court of Human Rights in the field of state responsibility, human rights, and rights and duties of international organizations.
One of the cornerstone principles of public international law is the concept of state responsibility that posits that if one state commits an unlawful act against another state, the latter should be able to require reparations from essay human rights guilty party. In such cases, a breach of an obligation, which arise from international agreements signed by the states, constitutes an unlawful act Shaw,p. One important application of this principle was demonstrated in the Bosnia and Herzegovina v Serbia and Montenegro case that was heard by the International Court of Justice. The case referred to the harm inflicted on the population of Bosnia and Herzegovina during the Bosnian War in the early s.
In particular, Serbia was alleged to be responsible for the genocide of the Muslim Bosniaks during the Srebrenica massacre in International Court of Justice, Inthe Court issued its judgment on the case stating that Serbia bore no direct responsibility for the genocide. In other words, the Court did not believe that Serbia has committed the Srebrenica genocide, or has participated in its planning or instigated it in any other way. Nevertheless, the Court ruled that Serbia had an international obligation toward Bosnia under the Convention on the Prevention and Essay human rights of the Crime of Genocide ofwhich Serbia failed to fulfill by not preventing the genocide from occurring and by not participating in the punishment of its perpetrators.
Moreover, Serbia was found essay human rights for not complying with the provisional measures issued by the Court in which could essay human rights help prevent the genocide. The significance of this case lies in several of its dimensions. First of all, the concept of state responsibility was extended to include not only international agreements such as the Genocide Convention but also the orders issued by the International Court of Justice. Secondly, the case is significant as it identifies the agents who represent the state. Finally, the case established that a state does not have to participate in war crimes to be liable for them — rather, states have an indirect responsibility for ensuring such crimes do not happen.
Human rights are an international law concept designed to protect the life and liberties of individuals across the world. Even though there is general acceptance of the importance of protecting human rights, there is often disagreement regarding the definition of the concept. Nevertheless, the European Court of Human Rights works to ensure the protection of individual rights in Europe, essay human rights. Among one of the most significant cases heard at the European Court of Human rights is the Sejdić and Finci v. Bosnia and Herzegovina case, combining the complaints filed by two citizens of Bosnia and Herzegovina. Dervo Sejdić, the first plaintiff, was of Bosnian Roma origin, and the second plaintiff Jakob Finci had Bosnian Jewish roots. Their presidency and parliament bids were rejected on the basis of their ethnicity.
According to the Constitution of Bosnia, put together at the end of the Bosnian War, some high political posts namely, the presidency and the seats in the upper house of the parliament were reserved for Bosniaks, Serbs, and Croats, essay human rights. Sejdić and Finci believed that these provisions discriminated against them and violated their rights European Court of Human Rights, The Court has ruled that these constitutional provisions violate the European Convention of Human Rights, particularly Article 14 which bans discrimination in any field of the rights outlined in the Convention. Moreover, their inability to bid for the presidency breached Article 1 prohibiting discrimination in general European Court of Human Rights, Thus, the Bosnian Constitution was found to violate the rights of its Roma and Jewish population.
The judgment had some important consequences for the country. Particularly, a constitutional reform was launched by the Bosnian Parliament ineven though the Constitution has not been yet amended. As far as the essay human rights concept of human rights is concerned, the case is significant in the essay human rights ways. Firstly, essay human rights, it demonstrates that even the highest political institutions and laws can become subject to scrutiny by the European Court of Human Rights. Finally, the Court demonstrated its commitment to specifically protect the rights of minorities in Europe and to ensure non-discrimination on the principle of origin and ethnicity.
International organizations have a rather long history, but they gained especial importance in the post-World War II world. International and regional institutions were being established at an unprecedented scale to promote peace and to achieve particular political and essay human rights goals of their member states Shaw,pp, essay human rights. At the same time, the legal aspects of their functioning remained undefined until when the International Court of Justice issued a landmark opinion. Ina Swedish diplomat, a representative of the UN to Israel, was killed by terrorists in territory controlled by the provisional Israeli government. Consequently, the question arose whether the UN could make a claim against Israel for reparation of the damage suffered by the UN and its agents, in the same way that a state could make such a claim International Court of Justice, The advisory opinion unanimously issued by the Court stated that the UN, as an international organization, could, indeed, bring a reparation claim against a sovereign state, essay human rights.
In coming to a decision, the Court considered the functions and purposes of the organization, essay human rights. According to the Court, the UN, given its goals and principles as outlined in the UN Charter, was considered to have an international legal personality. Rather, the Court held that the rights and duties of international organizations depend on their specific purposes and functions as per the agreements establishing the organization and per its practices International Court of Justice, This advisory opinion solidified the place of international institutions in the international legal system, which is essential given their growing presence and importance. However, there is one important limitation in that the Court only discussed these organizations that were formed by nation-states.
In other words, the legal status of other non-state actors, for instance, essay human rights, non-governmental organizations, was not discussed in the present case. Nevertheless, it brought state-created international institutions under the jurisdiction of international laws by giving them a distinct legal personality. Moreover, these institutions were awarded certain rights and duties which would allow them to successfully maintain their functions and operations. As evident from these cases, essay human rights, international institutions have been shaping the public international law through case law.
While these decisions are not always legally binding, they do nevertheless represent a move toward a more organized and consistent international legal system. European Court of Human Rights. Case of Sejdić and Finci v. Bosnia and Herzegovina. Human Rights Watch. Bosnia: A move to end discrimination. International Court of Justice. Case concerning application of the Convention on the prevention and punishment of the crime of genocide Bosnia and Herzegovina v. Serbia and Montenegro. Reparations for injuries suffered in the service of the United Nations. Shaw, M. International essay human rights 6th ed. Cambridge, UK: Cambridge University Press. Need a custom Essay essay human rights written from scratch by professional specifically for you?
certified writers online, essay human rights. Public International Law of Human Rights. Table of Contents. Introduction Principle of State Responsibility Human Rights The Rights and Duties of International Organizations References. Learn More, essay human rights. We will write a custom Essay on Public Essay human rights Law of Human Rights specifically for you! This essay on Public International Law of Human Rights was written and submitted by your fellow student. You are free to use it essay human rights research and reference purposes in order to write your own essay human rights however, you must cite it accordingly.
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The topic of what entails human rights has been a subject of debate for a long time, of what it entails and the extent of each individual’s rights. In the 17th century, for example, there was a debate on whether individuals can give up some of their rights to be protected by the state (Shor & Sailofsky, ) Human rights means being able to hold hands with the person you love, work where you’re qualified to work without your skin color or sexual orientation being the reason you can’t; it means having the right to be human, making choices and mistakes Apr 15, · Critical Essay on Ethical Issues and Human Rights in the Human Services Free essay example blogger.com
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