Justification and Application of Human Rights

The Importance of Human Rights


It is evident that most governments today are working towards the fulfillment of the human right in line with the protection from legal, political and social abuses. Similarly, education programs are being set to increase the awareness among citizens on the need for realization and respect for the rights. Some of the primary examples include the right to life, religion, fair trial where faced with charges, among others. The primary reason for the setting of these rights globally is to ensure that there is equality of all members irrespective of their origin or beliefs. The philosophical argument behind the existence of rights addresses the idea of the legal form, nature, and justification of human rights. Expression and guaranteeing of the freedoms by the law helps protect human life and assure existence.



The General Perception



The general perception



Description of Human Rights



Description of the human rights attempts to explain what they are from a broad perspective of concept description other than specification of the various forms of rights that are available. The summary covers both the moral and the legal perceptions in line with traditional and modern practices. Four defining features explain the nature of human freedoms and how best they can be exercised in daily lives.



Human Rights are Universal



Human rights are universal - everybody in the world is entitled to the rights irrespective of place of origin of the current country of residence. The universality if the rights are accompanied by the fact that all individuals are born free and equal most importantly in line with the enjoyment of the freedoms. The view of the world is mainly shaped by the society in which we live regarding how people treat and interact with each other (Woodhead, 2015). As a result, the moral issues that majority people emphasis on are based on the individual upbringing or changes in social settings. During colonialism, there were cases of discrimination from specific groups based on their color or race. The resulting government after the war era taught their citizens on the increased need for protection of individuals and pursuing national goals towards a good life. Consequently, the communities fought for their rights and respect for cultures which determines how best the rights are exercised. Today the freedoms focus even on the minority groups such as children and women.



Human Rights are Rights and Obligations



Human rights are rights and obligations - for almost all countries, the human rights are issues of paramount importance in that they are placed before other survival affairs. They are mainly associated with cases of protection, maintenance of status, and benefit to the citizens. In this case, individuals are obliged to ensure that their rights are respected, and in return, the favor is expressed to other citizens. In this case, it is mandatory to impose fines on instances of deviance or disrespect. Similarly, the country policies must refrain from interference with the rights in both the form of expression and enjoyment by the right holders. Must action must also be taken to ensure protection and facilitation of the rights. At a personal level, the obligation to respect means that everyone is entitled to the rights hence should also respect the rights of others (Wronka, 2016). A good example is a right to religion in that despite the controversy in beliefs; all groups should show respect for each other.



Human Rights are Equal and Non-discriminatory



Human rights are equal and non-discriminatory - in the expression of the freedoms, there should be no discrimination in line with religion, race, color, political opinion, origin or any other forms of distinction. In this case, all individuals should be treated on an equal basis before the law. However, it is essential for individuals to realize that not all differences in treatment can result in discrimination. In this case, persons with disabilities are also entitled to the enjoyment of the rights and even social protection. Some of the chief principles that are set in line with the CRPD include the right for respect to inherent dignity, non-discrimination, accessibility, and the respect for all genders. Similarly, the social protection programs set globally must work towards equality of outcomes both opportunities and uniform measures of rights. An extension of the powers should also be done in line with the availability of facilities such as education and health.



Human Rights are Indivisible



Human rights are indivisible - turning to indivisibility; the principle works towards implementation of all freedoms while working on the full functionality of the implementation system. No right can be implemented without full realization of the others. The freedoms should be exercised simultaneously to help control some of the dangerous challenges that might occur (Gordon, 2017). It is, therefore, necessary for every right to be fulfilled for others to mean something in that the restriction of one form of impairs the nature of enjoyment of the others. Indivisibility is also intimately connected with the interdependent nature of rights. An example is that the fulfillment of the health issue is closely linked to the right education.



Justification and Application in Everyday Life



When it comes to a detailed understanding of rights, some debates arise. These rights are fundamental in that they offer protection from specific forms of exploitation of legal, political and social domination. The instrumental justification of the human rights is that they preserve distinctive features of humanity. In this case, the rights are essential in the realization of the human characteristics (Okin, 2014). The philosophical argument on human protection offers three main answers to the debate on the notions of agency, good life, and basic needs. The difference between humans and non-humans is that man can make decisions on how to live a good life. It is through this ability that people choose the right over the wrong. Similarly, it is also through the capacity that human dignity is protected.



John Finnis argues that some happy endings are associated with a good life. However, to acquire them the primary aspect of well-being matters more than the desire to achieve them. Examples include religion, knowledge, friendship among others (Forst, 2012). Justification occurs in that these qualities are necessary for human existence in that they help protect the well-being of individuals. Other philosophers have also drawn a line connecting the rights with the basic needs of humans. Through the protection, the society then has a minimally decent life. Some people argue that the needs approach might cover the justification of very few rights, but the concept of indivisibility of rights is worth noting. Similarly, the idea of reciprocity applies in that one cannot demand what he or she denies to others.



It is common that when people hear of human rights, they might end up thinking of international issues such as torture, slavery among others that might not be happening from a close setting. However, people should also think of some of the real application in daily lives that do not have to be globally standard (Charlesworth, 2014). Individuals should look at their families, workplace, communities among other fundamental areas that human beings access daily. To ensure awareness of the rights and their protection, individuals should note down the things that they need to be accomplished every day. In the fulfillment procedure, there is need to consider having a good time with others. Individuals need to have food, jobs, homes, political voice and a way out if any of these does not work as expected. A primary question occurs that addresses the requirements for everyone to ensure that all individuals get to the point that they feel happy (Arnold, 2016). Fulfilling the requirements means that human beings can embrace the concept of respect for human freedoms.



Conclusion



The importance of rights is that they determine the relationship between individuals and also the connection between citizens and the government. Based on the fact that the government has control over its people, there is need to protect the rights to ensure that all individuals receive equal treatment both in the workplace and while at home. It is crucial for every individual to realize that they are entitled to the rights and the government should help protect these freedoms. The freedoms are essential in that they provide a framework for the everyday stories of human beings hence capabilities of creating change. The struggle for human rights should continue as the world changes to be able to meet the dynamic requirements of the modern society.

References


Arnold, D. G. (2016). Transnational corporations and the duty to respect basic human rights. Business Ethics Quarterly, 20(3), 371-399.


Cottingham, J., Germain, A., " Hunt, P. (2013). Use of human rights to meet the unmet need for family planning. The Lancet, 380(9837), 172-180.


Charlesworth, H. (2014). What are ‘women’s international human rights’?. Human rights of women: National and international perspectives, 58, 61.


Forst, R. (2012). The Justification of Human Rights and the Basic Right to Justification. A Reflexive Approach. In Philosophical dimensions of human rights (pp. 81-106). Springer, Dordrecht.


Gordon, J. (2017). The Concept of Human Rights: The History and Meaning of its Politicization. In Human Rights (pp. 55-157). Routledge.


Johnson, K., Scott, J., Rughita, B., Kisielewski, M., Asher, J., Ong, R., " Lawry, L. (2015). Association of sexual violence and human rights violations with physical and mental health in territories of the Eastern Democratic Republic of the Congo. Jama, 553-562.


Okin, S. M. (2014). Feminism, women's human rights, and cultural differences. Hypatia, 13(2), 32-52.


Sen, A. (2017). Elements of a theory of human rights. Philosophy " Public Affairs, 32(4), 315-356.


Woodhead, M. (2015). Psychology and the cultural construction of children’s needs. In Constructing and reconstructing childhood (pp. 72-91).


Wronka, J. (2016). Human rights and social justice: Social action and service for the helping and health professions. Sage Publications.

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