Order Assignment Via WhatsApp Now

International Human Rights Law

“Fundamental democratic rights, such as freedom of speech, movement and assembly, are increasingly under threat.” Discuss whether or not you agree with this statement, giving examples in support of your argument.

Sample Answer

Democratic Rights
The freedom of speech can undergo various limitations increasing the threat of diminishing the fundamental rights. For instance, the freedom of speech may not be highly followed and applicable in matters involving emergency situations. Some governmental legal systems impose various limitations on the right. In the political era, the right to speech of a particular politician or contestants of leadership position can be restricted if and only if the person utters derogatory words meant to be hate speech and incitement of the crowd against the government. The person can be taken through a court of law and charged as a criminal offense due to such careless utterances. However, some leaders and politician of the highest government ranking threaten the speech of an individual due to ownership of high positional or leadership power when they do not want their evil deeds to be unmasked to the public. This is a result of wrong use of the offices and abuse of power hence limiting the freedom of speech of other fellow politicians whom they see as a threat.

In the modern world, people mostly use the social media platforms, for example, Twitter, Facebook, and website to express their mind, knowledge, and ideas. Unfortunately, some individuals misuse the social media by posting unnecessary views and materials for example pornography, abusive language in a bid to express their angry remarks which makes the government regulate the situation. People engage in an online war of words which is against the law. Various policies and restrictive measures have been and enacted and undertaken in order to avoid such a situation. This ends up restricting the freedom of speech of genuine individuals.

Cybercrime, which has increased rampantly pose a threat to the freedom of speech. Both children and adults are victims of cyber-crime limiting them from expressing their ideas and knowledge through the websites and social media.

Freedom of speech fundamental to democracy as the norms which are is threat means that public debate may not be entirely suppressed even in emergency situations.

Legal systems sometimes ensure certain limitations on the freedom specifically when it conflicts with other UN recognized rights and freedom. These limits may either occur through legal sanction or social disapprobation. Over a given period, several public institutions pose a threat of freedom of speech by constructing policies that restrict the speech, for example, enacting speech codes at schools.

The Right To Due Process
This refers to the legal requirement that a country or individual must respect all prevailing rights of an all people. Basically, due process protects a person from the law of the land. However, some issues threaten to harm this right of due process. When a government harms an individual without evaluating the correct course of action of the law, it constitutes a threat of due process violation which makes the rule of law to be highly offended. It can also be interpreted as limiting laws and legal proceedings in order for the existing legislators to determine fairness and justice, however, over a particular period the interpretation has increased to prove itself in a very controversial manner. When judges offer the wrong verdict and jail an innocent person, the due process is threatened. Also when legislators accept bribes during hearing a certain case in order to favor one party, the judge is violating the person's right to due process.

Freedom of thought. This right can be discouraged or limited through the use of censorship, arrests of persons, and the use of propaganda. There are campaigns that tend to be against the freedom of thought, for example, the book burning campaigns in Germany. There also exist insignificant radical anti-intellectualism put into practice in some nations such as Cambodia. Freedom of thought can also be threatened by the limitation on the use of words of a language and the expression of original ideas.

Freedom Of Religion
The freedom of religion indicates that an individual can change from one religion to another and has the fundamental right to attend any of the worship places according to his or her own choice and preferences. The government of various states in the world has laws and constitutional reforms that protect6 individuals from any forms of restrictions that would otherwise make it difficult for an individual to enjoy the right to worship. People are of various religious beliefs, for example, Islamic, Hinduism, Christianity and traditional shrines of worship.

There exist some social groups that create awareness on the importance of protecting the religious rights of people. They are aimed at promoting peace so that people will avoid inter-religion wars. However in sass much, as individuals have the right to worship, some threats and restrictive policies arise making it difficult for people to enjoy their freedom of worship. Some government programs frustrate religious groups through making it mandatory for a particular religious group to register with a certain amount of fee in order for it be legally recognized by the law. This is done in a bid to regulate and reduce religious groups rising in a country.

Over the years concern issues have been raised on how some government policies depict a certain dressing code to be followed restricting religious groups from wearing certain attires. The government prohibits some religious ideologies. There also exists some social and community hostilities resulting from private groups which are opposed to a particular religious group. Various group of people becomes hostile towards religious groups leading to constant wrangles and fights. This increases community violence posing as state threat.

People who belong to a certain belief are often mistreated and others are identified with terrorist groups. For example, the Muslim community is viewed to be behind the terrorist groups in various nations such as Iraq and are thereby discriminated and mistreated. People should create awareness and teach others on the importance of respecting one sight to worship in order to promote peaceful and harmonious co-existence with each other. Evidently, it is an unfortunate fact that people are not respecting individual right to worship making it a high threat to such significant fundamental democratic right.

It is evident that the interest of individuals must be sacrificed for the sake of the interest requirements of a country. Nations that undergo a state of succession is normally characterized by ethnic and confessional conflicts with bad stereotypical issues. The right to self-determination had previously been limited as a result of colonialism, revolutionary movements that arose in the 19th century and the struggle for independence nationalism. The doctrine of self-determination has been continually been affected by tragic historical injustices, liberal movements, and neo-colonialism.

Right To Assembly And The Public Doctrine.
It is well defined as the ability to define and demonstrate interest inappropriate manner. It encompasses rights such as the civil rights and the human rights in general. The freedom helps in expressing the constitution rights such as the freedom of expression. The right follows the concept which helps to direct the groups involved to adhere to the effective measures which aid in providing apt freedom to the subjects involved.

For example, in the United States of America in the 1970s the court ruled in the help of the constitution ordering the public in the production of the musical in various sectors.

Freedom Of Association.
Is described as the ability of an individual to be an associate or a member of a certain group. The group is required by the law to honor and respect different views and interests from the members and other related particulars within. From the bill of rights in the United States of America the constitution advocates for the adherence and respect for every member which is part of a certain group within the states. Human rights make regulations that will tend to protect the right to expression.

For example in the US in the 1970s the court order on the Boy Scouts of America et al, 1970, the Supreme Court ordered that the Boys Scouts exclude one of their homosexual partner outside the group. The incidence raised an issue on the aspect of the discrimination within the society. This discriminates against the law of association as the court order always stipulates and adheres to the law. During this time also the court ruled harshly whereby it ordered that a group can exclude its member if only the presence of the member has no any gain value to the group. Different scholars came up with a motion which advocated for the discrimination of the homosexual from the organization.

Right To Religion And Privacy.
In the United States government, the freedom tries to prevent the access of someone's information by the authorities. No one has authority to access someone's information without the appropriate procedures. Aaron and Edward raised the idea of religion and the aspect of the privacy in the state. However, the country is facing huge challenges which have threatened the law of privacy and religion.

For example in the case of the Litchfield and the Dakota the issue on the crisis of the United State constant amendment, the law was directed straight to the matter and the authorities ruled that the blood and the breath test constitute a search under the Fourth Amendment. The court also intruded to find to which degree the tests intruded upon the privacy of the individual. The court final conclusion on the matter was that the breath tests did not give serious concerns regarding privacy wherein the necessary blood tests were termed as more intrusive.

Right From Inhuman And Torture.
In most cases, torture and inhuman occurs when one causes massive suffering and the uncurl treatment of another person. In general, it can include the physical torture and mental torture which all target to cause severe suffering to the other person. The aspect of threatening someone and causing barbaric torture through detention poses a big threat to the human rights. Different laws have a different meaning to this right. For example, in the United Kingdom, the article 3 of human rights stipulates that for every inhuman one does then the appropriate measures need to be followed in order to correct the incidence. From the code of the human rights then the society need to protect and ensure no torture and threatening to the other people.

Freedom To Liberty.
Forms the major human right. Right to liberty can be termed as the ability of an individual to be protected from detention by the similar or different party. In general, the right to liberty requires the common law whereby someone is protected from detection without the appropriate procedures and regulations. If someone stands for the valid law then the liberty illustrates the principal aspect which needs to be adhered to. When one is through from detention and the court disobeys to release the culprit then the law is mishandled according to the code of the human rights. If the imprisoned party is treated inhumanly then human rights body need to secure apt measures that will enlighten and direct what to be followed without violating human dignity.

From the information provided it is clear that I agree to the increased threat to the human rights. Therefore we as a society we need to stand upon and check on the suitable measures that will help to stand for human rights. Different parties and groups need to protect the fundamental human rights which will always follow and agree to the code and ethics of human freedom. Policies and recommendations need to be generated by the particulars involved and then come up with the appropriate measures that will focus to evaluate the core concepts. Human rights are important for the survival of the society and the authorities and bodies involved need to care for the rights. Apt steps in protecting human freedoms need to be formulated in order to protect threats that may affect the fundamental rights at large.

Burke, Roland. Decolonization and the evolution of international human rights. University of Pennsylvania Press, 2011.

Hanno, Hurst. Autonomy, sovereignty, and self-determination: the accommodation of conflicting rights. University of Pennsylvania Press, 2011.

Heraclides, Alexis. The self-determination of minorities in international politics. Routledge, 2012.

Hansen, Susan B. Religion and reaction: The secular political challenge to the religious right. Rowman & Littlefield Publishers, 2011.

Byrd, B. Sharon, and Joachim Hruschka. "Kant's Doctrine of Right: a commentary." (2010).

Norris, Pippa, and Ronald Inglehart. Sacred and Secular: Religion and politics worldwide. Cambridge University Press, 2011.

Bourke, Michael. "Freedom and Thought." (2016).

Murdoch, Jim. Protecting the right to freedom of thought, conscience, and religion under the European Convention on Human Rights. Council of Europe, 2012.

Blitz, Marc Jonathan. "Freedom of thought for the extended mind: Cognitive enhancement and the constitution." Wis. L. Rev. (2010): 1049.

Bowles, Samuel, and Herbert Gintis. Democracy and capitalism: Property, community, and the contradictions of modern social thought. Routledge, 2012.

Botha, Henk. "Fundamental rights and democratic contestation: reflections on freedom of assembly in an unequal society." Law, Democracy & Development 21, no. 1 (2017): 221-238.

Brettschneider, Corey. Democratic rights: The substance of self-government. Princeton University Press, 2010.

Caparini, Marina. "Controlling and overseeing intelligence services in democratic States." In Democratic Control of Intelligence Services, pp. 25-46. Routledge, 2016.

Christiano, T. (2018). The rule of the many: Fundamental issues in democratic theory. Routledge.

Davuto?lu, Ahmet. "Principles of Turkish foreign policy and regional political structuring." (2012).

Havel, Vaclav, and John Keane. "The Power of the Powerless: Citizens Against the State in Central Eastern Europe: Citizens Against the State in Central Eastern Europe." (2016).

Horton, Dave, Paul Rosen, and Peter Cox. "Cycling the city: non-place and the sensory construction of meaning in a mobile practice." In Cycling and society, pp. 41-62. Routledge, 2016.

Karma, Kapya. "Contesting Identity: Democratic Human Rights and Sexual Politics." In Christianity, Globalization, and Protective Homophobia, pp. 99-122. Palgrave Macmillan, Cham, 2018.

Norris, Pippa. Democratic deficit: Critical citizens revisited. Cambridge University Press, 2011.

Osler, Audrey, and Chalank Yahya. "Challenges and complexity in human rights education: Teachers' understandings of democratic participation and gender equity in postconflict Kurdistan-Iraq." Education Inquiry 4, no. 1 (2013): 189-210.

Pei, Minxin. "Rights and resistance: The changing contexts of the dissident movement." In Chinese Society, pp. 49-74. Routledge, 2010.


Click here Order Now to get your plagiarised free custom paper