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human rights violation you selected and explain why you see it as a human rights violation. Then consider how the issue could be addressed or resolved and explain if you believe you have a duty or an obligation to act based on this violation. Why or why not?
Human rights violations in the workplace
According to Article 19 of the Universal Declaration of Human Rights: "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." It may be a great surprise for some Americans, however, to learn that not all American citizens have an equal right to freedom of political association. For example, in the U.S. Supreme Court decision Adler v Board of Education, the Court found that the First Amendment did not protect government…
According to various sources, the human rights situations has not progressed in China over the past few years, and in fact has grown worse in some areas (Young 2009). The Chinese deny this completely, and say that there are no human rights violations. They also add that the President has no right to interfere with Chinese affairs, and the Chinese Foreign Minister suggested that the United States address its own issues of alleged human rights violations before its leaders start accusing other countries of abuses (Young 2009).
Though the Chinese responses to these rather similar attacks on sovereignty were remarkably different in substance, they actually provide evidence of the same basic attitude on the part of the Chinese. After Obama's address, which might have carried a little more weight with the international community as it was not tainted by Guantanamo, Abu Grahib, or other human rights scandals of the Bush…
Abramowitz, M. (2008). "U.S. In 'firm opposition' to Chinese human rights policies, Bush says." The Washington post, Thursday 7 August. Accessed online 30 September 2009. http://www.washingtonpost.com/wp-dyn/content/article/2008/08/06/AR2008080601055.html
Young, E. (2009). "Obama brings up human rights as U.S., China leaders meet." The Christian post, Monday 27 July. Accessed online 30 September 2009. http://www.christianpost.com/article/20090727/obama-notes-human-rights-in/index.html
Various types of Non-Government Organizations can play an important role in the protection of human rights. These organizations are impartial and are unrelated to any political or industrial agenda.
China has always been wary of outer interference protecting their sovereignty at all costs thus it must come from inside china the realization that the Chinese people can no longer bear the lack of political freedom. The educated people are increasingly calling for a democratic process and it is only the people that can force the government to give in to their wishes. The economic power of the country will strengthen individuals and hence the political rights will be demanded by the people. It will not be long before the demands of the individuals will have to be addressed by the government of China.
It can be concluded that the internationalization of human rights is on its way in spite of…
Angle, Stephen C. Human Rights and Chinese Thought: A Cross-Cultural Inquiry. Cambridge, England: Cambridge UP, 2002. 30 Apr. 2013.
Foot, Rosemary. "1: Introduction." Rights beyond Borders: The Global Community and the Struggle over Human Rights in China. By Rosemary Foot. Oxford, England: Oxford UP, 2000. 1-26. Questia. Web. 30 Apr. 2013.
Hashimoto, Hidetoshi. The Prospects for a Regional Human Rights Mechanism in East Asia. New York: Routledge, 2004. Questia. Web. 30 Apr. 2013.
Social ideals and ethics are secondary. As such, if it were most beneficial to the State to commit genocide while conquering another nation, that would be the course of action taken. However, again thanks to increased media coverage, the world and governing bodies such as the U.N. Would not sit idly by. For this reason, this perspective is quickly becoming antiquated. Idealism, in contrast, is on the other end of the international relations spectrum.
Idealism surmises that a State's internal policies should be reflected in their foreign policies -- what they wish to occur within their boundaries is what they should support outside of their boundaries. Followers of idealism live by the Golden un -- Do unto others as you'd have them do unto you. The promotion of human rights globally would be incredibly important, from this perspective, as they too would want to enjoy the benefits of human rights…
Human rights timeline: From antiquity to the Magna Carta. (No date). Retrieved October 28, 2009, from http://www.gwu.edu/~erpapers/humanrights/timeline/timeline1.cfm .
Human rights timeline: From European expansion to the Enlightenment. (No date). Retrieved October 28, 2009, from http://www.gwu.edu/~erpapers/humanrights/timeline/timeline2.cfm .
Human rights timeline: From the American Revolution to Napoleon. (No date). Retrieved October 28, 2009, from http://www.gwu.edu/~erpapers/humanrights/timeline/timeline3.cfm .
Human rights timeline: From the Indian Removal Act to the U.S. Sedition Act. (No date). Retrieved October 28, 2009, from http://www.gwu.edu/~erpapers/humanrights/timeline/timeline4.cfm .
It shows that Bush did not ensure the carrying out of exactly accurate procedures detailed in the 'Help America Vote Act of 2002', and this had the inevitable result of the lack of appropriate funds for the purpose of election reform until it was a mite too late. The Act that ensures the equality of education for all the children of the United States of America was also not implemented appropriately. The 'No Child Left Behind' act was supposed to make sure that all children would enjoy equal opportunities in the field of education irrespective of their social background and status and race and color. This was however not carried out in the fullest sense of the term during the Bush Administration, and this meant that children were in fact left behind, and their civil rights were thus being violated. Another facet of the negative aspects of the Bush administration…
Anti-slavery International" Retrieved at http://www.il.proquest.com/research/pd-product-Anti-Slavery-International.shtml. Accessed on 29 November, 2004
Donaldson, Stephen. "The World Wide Web, Virtual Library" Retrieved at http://www.menweb.org/throop/abuse/prisonrape/bell.html. Accessed on 29 November, 2004
GPA Kenyan student Lynched in Alabama" Retrieved at http://www.colorq.org/HumanRights/article.aspx?d=usa&x=mutheki . Accessed on 29 November, 2004
Human Rights" (2004) Taking it Global. Retrieved at http://www.takingitglobal.org/themes/hr/ . Accessed on 29 November, 2004
human rights, social rights, and civil or political rights. For each, provide a brief description of an issue from the news that exemplifies each type of right.
Current human rights issues
One supposed danger of an expansive definition of human rights is so-called 'rights inflation,' whereby an increasingly broad definition of human rights dilutes the original meaning of the word. Those who fear such 'rights inflation' stress how definitions of human rights "deal with extremely important goods, protections, and freedoms" (Nickel 2010). Examples of these include freedom from slavery, a fair trial, education, and freedom from genocide. However, arriving at a fixed definition of human rights has proven to be extremely challenging. Human rights tend to be based on international norms, and thus vary over time. But there is controversy even between nations as to what is a 'human right' -- hence the controversy when leaked documents revealed that "U.S.…
In general, "some civil and political rights can be restricted by public and private property rights, by restraining orders related to domestic violence, and by legal punishments" in contrast to human rights ( Nickel 2010). For example, in a state of emergency or war, certain political rights may be suspended. President Lincoln famously suspended the right to habeas corpus during the Civil War, and a nation might postpone an election during a time of civil unrest. However, a nation that consistently denies the political and civil rights of its citizens is unlikely to be a nation that is able to uphold human rights in a meaningful fashion, given the lack of accountability to which its leaders are held.
Social rights include matters such as "matters such as education, food, and employment" (Nickel 2010). Within the world's major Western democracies, it is these rights that are most controversial. This is seen most notably in the current American debate over healthcare. American is the only major industrialized nation that does not strive to provide complete coverage for all of its citizens nor does it view healthcare as a right. In fact, by some conservatives the right to 'opt out of healthcare' (and be driven into medical bankruptcy) is presented as a fundamental 'right.'
The growing disparity between the wealthiest and poorest members of society is also presented as a failure of American social justice and a violation of social rights, given the degree to
Another aspect which is important to be taken into account in respect to human rights issues is the right to seek asylum. The 1951 UN Convention for Refugees states that asylum seekers should be helped by the country where they seek assistance in order to prevent the return of the people in a situation which would put their lives or their integrity in danger. However, for the Australian government such a provision is less important than the actual attempt to cut down on immigration and reduce the possibility of people entering legally or illegally in the country. In this sense, there is a famous case which points out precisely this attitude of the Australian government which pointed out the fact that indeed, there is no particular desire for the Australian officials to go beyond their national interest and work for the global one. Thus, in 2001 Australia refused to give…
Amnesty International, 'Australia: Too many open questions: Stephen Wardle's death in police custody'. Library: Asia Pacific. (1996). http://asiapacific.amnesty.org/library/Index/ENGASA120131996?open&of=ENG-AUSat 19 May 2008.
Australia accused of violating UN convention. RTE news (2001) http://www.rte.ie/news/2001/0829/australia.html
Australian Government, Human Rights. Attorney General's Department. (2008) http://www.ag.gov.au/www/agd/agd.nsf/Page/Humanrightsandanti-discrimination_Humanrightsat 19 May 2008.
Human Rights Watch, 'Australia: Anti-Terrorism Proposal Threatens Civil Liberties'. Human Rights Watch (2006) http://hrw.org/english/docs/2005/10/13/austra11863.htm . At 19 May 2008.
Terrorism has been a hot topic in the news for over a decade. It has impact people on an international level with countries like France, England, and the United States experiencing attacks. Currently Isis, a terrorist organization, has generated chaos in the Middle East. Government have been destabilized and peace and security jeopardized. Atrocious acts of violence have occurred from child beheadings to rapes and torture. Terrorism threatens the social and economic development of any place it affects.
Furthermore, terrorism directly affects human rights. People lose freedoms and face subjugation from regimes of terrorist organizations. All of which have negatively diminish ones enjoyment of life as well as their human rights. International, national, and regional political leaders make promises and claims that counterterrorism measures will not encroach on human rights. Former President George Bush for example, preached on preserving human rights amidst counter terrorism efforts. However, living up to these…
Ahmed, S. (2015). The 'emotionalization of the "war on terror": Counter-terrorism, fear, risk, insecurity and helplessness. Criminology And Criminal Justice,15(5), 545-560. http://dx.doi.org/10.1177/1748895815572161
Enders, W., Sandler, T., & Gaibulloev, K. (2011). Domestic versus transnational terrorism: Data, decomposition, and dynamics. Journal of Peace Research, 48(3), 319-337. doi:10.1177/0022343311398926
Feinberg, M. (2015). International counterterrorism -- national security and human rights: conflicts of norms or checks and balances?. The International Journal Of Human Rights, 19(4), 388. Retrieved from http://www.tandfonline.com/doi/abs/10.1080/13642987.2015.1027053
Fenwick, H. (2015). Counter-terror strategies, human rights and the roles of technology. International Review Of Law, Computers & Technology, 25(3), 107. Retrieved from http://www.tandfonline.com/doi/abs/10.1080/13600869.2011.617430?journalCode=cirl20
Human ights Violations in the Iraq War
War is a touchy subject. People often have strong opinions regarding war and the practices of war. It is a real challenge to discuss ethics and morality within the context of war. Even within the context of war, people are concerned with issues such as human rights and human rights violations. Human rights violations during war are an issue that grabs organizations across a wide variety of interest and influence, such as the United Nations. Just last week, the United Nations released a report regarding the numerous documented human rights violations occurring during the war in Iraq. People inside and outside of the war may questions whether there have been any human rights violations during the war. According to the United Nations, the answer is yes.
Others may have the view that during war, human rights do not apply, nor should violations of…
United Nations Human Rights Council. Iraq: Grave Human Rights Violations during the War and Occupation in Iraq. 22nd Regular Session, Item 4: Human Rights Situations that Require the Council's Attention - 25 February -- 22 March 2013. (2013).
Human rights are the activities, freedoms and conditions that all human are entitle to enjoy, and these rights include economic, political, cultural and social rights. Putting differently, human rights are inalienable, inherent, indivisible and interdependent, which cannot be taken away, must be respected, and which the governments are to put in places the instrument to regulate laws and policies for human rights protection. Similarly, international human rights are the set of rules that guide the conducts of state's behaviors. Globally, countries enter into treaties to guarantee certain rights and refrain from violating these rights within their jurisdictions. (IJRC, 2016). The historical facts of human rights started from the declaration of universal human right rights in 1948, and the expressions are referred as aggregate rights of humans. The UDHR ("Universal Declaration of Human Rights") (IJRC 2016 p 1) was ratified by 48 countries with some Muslim countries such as Iran, Iraq,…
Racism in Israel: Israeli Jews to Ethiopian Jews
What is considered to be the main cause of the selected political issue (i.e., history, culture, etc.)?
With the high rise of racism throughout the world, Israel has contributed to the racism towards the influx of Ethiopian Jews migrating to their alleged homeland. Ethiopians had little to no exposure to Jews outside of Ethiopia; hence, were not educated of the other Jews in the world. This caused differences with the basic practices of both Israeli and Ethiopian Judaism. During the immigration period, the Ethiopians were named ‘Beta-Israel’ and were considered outsiders for centuries in their homeland of Ethiopia, because they were Jews. The religious discrimination is what caused the immigration to Israel in the 1980s. Majority of Ethiopian immigrants appeared in two groups to Israel. The first was called ‘Operation Moses’ in 1985-6, while the second was ‘Operation Solomon’ which was in…
Future of Human Rights
Human Rights Implementation
This particular batch of readings was of extreme interest and aided in contextualizing the international struggle for the establishment of human rights in a global context. This aspect of the readings was definitely the strong point of them, for each and every article addressed the implementation of establishing human rights on an international basis. hereas previous readings were useful in presenting the ideology of human rights in an ideal sense, the readings in this particular group were considerably more utilitarian in the fact that they demonstrated the tangible application of such ideology which, in a word, is enforcement. All of the readings, including Jack Donnelly's "The Relative Universality of Human Rights," Tom Farer's "Restraining the Barbarians: Can International Criminal Law Help?," and Mark Osiel's "hy Prosecute? Critics of Punishment for Mass Atrocity" -- all of which appeared in Human Rights Quarterly -- addressed…
Donnelly, Jack. 2007. "The Relative Universality of Human Rights." Human Rights Quarterly 29(2): 281-306.
Farer, Tom J. 2000. "Restraining the Barbarians: Can International Criminal Law Help?" Human Rights Quarterly 22(1): 90-117.
Osiel, Mark. 2000. "Why Prosecute? Critics of Punishment for Mass Atrocity." Human Rights Quarterly 22(1): 118-147.
In that book, which Munoz claims was just a "long interview with a fictitious journalist," Pinochet portrays himself as a life-long "anti-Communist," and he recounts an experience he had as an army officer in Pisagua, a prison where communists were incarcerated. "The more I knew those prisoners and listened to their thoughts, while, at the same time, I studied Marx and Engels, the more I became convinced that we were mistaken about the Communist Party," Pinochet wrote. "It was not just another party… it was a system that turns things on their heads, dismissing any loyalty…" he continued (Munoz, 2008, p. 28). As though justifying the cruelty he perpetrated on thousands of civilians -- in the name of him keeping a grip on his dictatorship -- he said he was "…troubled that these pernicious and contaminating ideas could continue and spread throughout Chile" (Pinochet quoted by Munoz, p. 28).
Amnesty International. "Libya: Rule of Law or Rule of Militias?" Retrieved July 19, 2012,
from http://www.amnesty.org .
Bellamy, Alex J. "Human Wrongs in Kosovo: 1974-99." The International Journal of Human
Rights. 4.3/4 (2000): 105-122.
The fundamental human rights were in fact the man's rights as covered in these acts.
However, we should consider the fact that, at least in many of the Western countries, the legislative framework, as well as the societal implementation of this, enlarged to include women, often around the end of the 19th century or the beginning of the 20th century. In this sense, although the acts and bills covering fundamental human rights do not de jure include women's rights, de facto the reality has changed so as to adapt to the inclusion of women rights.
This is however not the case for countries in other regions, but usually in these countries defending human rights is a challenge in itself, no matter whether they are men's or women's fundamental rights. A radical change of the framework would really make no actual difference in the way this framework is implemented in some…
1. Forsythe, David P. Human rights in international relations. Cambridge University Press, 2006 Edition 2nd Ed
2. Brahm, Eric. Truth Commissions. 2004. On the Internet at http://www.beyondintractability.org/essay/truth_commissions/.Last retrieved on August 22, 2008
3. Forsythe, David. Human Rights and World Politics. University of Nebraska Press; 2 edition. September 1989
International Human ights, Women and Gender
International Human ights: Women and Gender
Women are the most assaulted segment of the human society. A shocking statistic reveals that a majority of the females are subjected to violence and sexual violence by the time they reach their late teens (Fergus, 2012).
Definitions of Violence against women, constitutes the mental and physical torture they are subjected to by way of restricting their right to freedom in the broader sense of the term. The crimes and exploitation against younger girls implies, by definition, violence based on gender discrimination. It has been observed that this act of violence is fallout of the negligence shown towards equality of the female child and womenfolk in general (Fergus, 2012).
The act of violence exposes the women and specifically the younger female child to isolation, loss of identity, unhealthy overall development, psychological and social stigma (WHO, 2006) and hence…
Arbour, L. (2007). Human Rights. Yes! Human Rights Resource Center, University of Minnesota.
Bhattacharya, D. (2013). Global Health Disputes and Disparities: A Critical Appraisal of International Law and Population Health. Routledge.
CEDAW (n.d.). Strengthening Health System Responses to Gender-based Violence in Eastern Europe & Central Asia: A programmatic package. A United Nations Publication.
CEDAW. (2010). General recommendation No. 28 on the core obligations of States parties under article 2 of the Convention on the Elimination of All Forms of Discrimination against Women. United Nations Publications.
European Convention Human ights African Charter Human Peoples' ights. Critically review analyse similarities differences instruments. *Assessment criteria: Students adopt analytical approach questions a descriptive .
Human rights have become one of the most important issues under discussion at the moment, largely due to the constant fighting that is taking place especially in African countries doubled by the ongoing abuses in terms of human rights, not only in Africa but also throughout the world.
From this point-of-view, there was a clear necessity of transforming the need to have basic human rights comprised in a legally binding document into a transnational document. Such documents are now created at the level of regions and even continents. The present paper analyses two important legal documents for this area, the European Charter for Human ights and the African Charter on Human and Peoples' ights. There are essential documents for Europe and Africa as they tried…
African Charter for Human and Peoples' Rights. University of Minnesota. 1981. http://www1.umn.edu/humanrts/instree/z1afchar.htm . (accessed March 05, 2011).
Calvocoressi, Peter. World Politics since 1945. London: Longman, 2008.
Council of Europe. "European Convention on Human Rights." Hellenic Resource Center. 2010. http://www.hri.org/docs/ECHR50.html (accessed March 05, 2011).
Louw, Frans Viljoen and Lirette. "State Compliance with the Recommendations of the African Commission on Human and Peoples' Rights, 1994-2004 ." The American Journal of International Law Vol. 101, No. 1, 2007.
Universal Human ights
A very highly contested issue in international political theory is the issue of universal human rights and its interpretation is dependent on the manner in which particular theorists understands it and the moral obligations related to it as well as international laws and the manner in which the two concepts of obligations international laws relate to one another. The fundamental interpretations about what is right and the extent to which the existing rights tend to be accepted and enjoyed by everyone forms that basis of the philosophical debate about whether human rights are universal or not (Kessler). The variant transition of value systems that result from the philosophical theories and practical politics when examined makes the debate more complex.
Debates have been surrounded around the issue of universalization of human rights within the world that has numerous independent systems that are diverse and sometimes of…
"The Universal Declaration of Human Rights, 1948.." Un.org. N.p., 2016. Web. 31 Mar. 2016.
Baylis, John, and Steve Smith. The Globalization Of World Politics. Oxford: Oxford University Press, 2001. Print.
Baylis, John, and Steve Smith. The Globalization Of World Politics. Oxford: Oxford University Press, 2001. Print.
Donnelly, Jack. Universal Human Rights In Theory And Practice. Ithaca, N.Y.: Cornell University Press, 2003. Print.
Pinochet's Case is Not Yet Satisfying to Chilean and Human Rights Activists
Although hampered by internal constraints and challenges, the nation of Chile stands poised to enter the 21st century as a major player in the world's international community. On the one hand, the sound economic policies that were first implemented by the Pinochet dictatorship resulted in unprecedented growth in 1991- 1997; these policies have also helped secure the country's commitment to democratic and representative government. On the other hand, General Augusto Pinochet has been found guilty of the torture, disappearance, and murder of thousands of Chileans, including international citizens, but he has not yet been brought to justice. After Patricio Aylwin inaugurated a democratic presidency in 1990, he continues to bring excuses for Pinochet's actions or exercises control to avoid facing justice. Pinochet declared himself as Commander of Chief of the Army and afterwards, Senator for life in Chile.…
Blakesley, Christopher. "Autumn of the Patriarch: The Pinochet Extradition Debacle and Beyond." Journal of Criminal Law and Criminology 91.1 (2000): 1.
Ensalaco, Mark. Chile Under Pinochet: Recovering the Truth. Philadelphia:University of Pennsylvania Press, 2000.
Facts on File. "Chile: Pinochet Ruled Unfit for Trial, Resigns." Facts On File World News Digest, 2002. Multnomah County Library, Portland, Oregon. 11 Jul. 2002. http://www.2facts.com .
Hawkins, Darren. "Universal Jurisdiction for Human Rights: From Legal Principle to Limited Reality." Global Governance 9. 3 (2003): 347+.
S. history would not have been fought if it had already been established that human beings were entitled to certain rights and not subject to enslavement.
3. Despite being a woman in a very male-dominated world, it is fair to say that Eleanor Roosevelt was absolutely instrumental in getting the UDHR passed. One of the goals in establishing the United Nations (UN) was to guarantee some type of protection for human rights; the problem was that the UN charter did not define human rights. Furthermore, there was no global consensus regarding the definition of human rights. Eleanor Roosevelt became chairman of the committee to draft the UDHR. Though Roosevelt was a well-respected and admired woman, who had political experience from her years as First Lady, she had no official diplomatic experience. Therefore, some questioned whether she was up to the task of engaging in such large-scale diplomacy. However, she proved…
against Shell in Nigeria regarding human rights. The writer explores the issue and the details why Shell should not be held responsible for the human right violations in that situation. There were three sources used to complete this paper.
SHELL HAD A IGHT TO POTECT ITS INVESTMENT AND EMPLOYEES
It is generally believed that large corporations have a duty to use their power and abilities to promote human rights and not be a part of violating them. In a case that shocked the world last decade, Shell Oil in Nigeria faced a lawsuit alleging that the arms it funded into that country caused the abuse and execution of many innocent victims. It also alleged that the consequential trial and execution of eight human rights activists was caused by the actions of Shell Oil. While Shell admits to funding and importing arms, it maintains it had nothing to do with the…
Lawerence, T. Ann. Shell Oil In Nigeria. Case Research Journal 17 No. 4 (Fall Winter, 1997).
McGregor, Karen (2000). Shell to face U.S. lawsuit for Saro-Wiwa execution., Independent, 09-19-2000, pp 13.
Shell Oil disregards human rights in Nigeria by David A. Love (accessed 11-26-2002)
Amnesty International and Human ights reports on the U.S. government fair and objective? Explain. Do they cover the full range of rights discussed in the International Bill of Human ights?
Although both organizations do seem to cover the full range of rights discussed in the International Bill of Human ights, with some rights, however, being focused on more unevenly than others, the Amnesty International and Human ights reports on the U.S. government are not always fair and objective. For instance, the Amnesty International report in May 25, 2005 claimed that the U.S. is a top offender of human rights. This was a ridiculous and blanket statement easily refuted by the White House who claimed the allegations to be ridiculous and unsupported by the facts:
The United States is leading the way when it comes to protecting human rights and promoting human dignity. We have liberated 50 million people in Iraq…
AI Report 2005
Amnesty International, Annual Report, 2012
It closely links human rights violations with national and international insecurities. And the concept enhances development thinking by expanding real freedoms already enjoyed by people. Protecting security, therefore, urgently requires a new consensus among all countries, whether developed or developing. It must aim at reviewing current foreign policies and aiming at creating real opportunities for people's safety and dignity.
Rethinking the Concept
Human security focuses more on generalized poverty than average well-being.
General poverty means being below a threshold of well-being. A policy on human security concerns itself mainly with persons in situations of deep want. Human development pertains to average levels of human well-being. Many believe that human security must be a priority in human development. A "prioritarian" view is for the improvement of everyone but emphasis on that of those at the bottom. An egalitarian view wants well-being to be distributed across all persons. An egalitarian person will…
Compass. Human Security. Manual on Human Rights Education with Young People:
Council of Europe, 2000. Available from http://www.eycb.coe.int/compass/en/pdf.5_10.pdf; internet: accessed 29 Oct 2009
Fuentes, Claudia F. And Aravena, Francisco Rojas. Promoting Human Security: Ethical,
Normative and Educational Frameworks in Latin America and the Caribbean.
PADILLA V. UMSFELD & HAMDI V. UMSFELD
Summary of Padilla v. umsfeld
Facts of Padilla v. umsfeld
Summary of Facts
Supreme Court easoning
Lower Court easoning
Summary of Hamdi v. umsfeld
History of Hamdi v. umsfeld
easoning for the Supreme Court
Individuals' Civil rights of Hamdi and Padilla
Contrast and Comparison
Padilla v. umsfeld & Hamdi v. umsfeld
Summary of Padilla v. umsfeld
One of the first and interesting things about the case is to know that the espondent, Jose Padilla, is a citizen from the United States citizen who made up his mind to become an "enemy fighter." This decision was helped made by the famous President George W. Bush and was held in military custody in South Carolina by the Department of Defense. Also, President George W. Bush discovered that Padilla was working alongside with the terrorist named al Qaeda. Both of…
Padilla, R. v. (2004, June 25). Retrieved from Supreme Court: http://www.law.cornell.edu/supct/html/03-1027.ZS.html
Rumsfeld, H. v. (2012, November 12). Hard National Security Choices. Retrieved from Lawfare: http://www.lawfareblog.com/wiki/the-lawfare-wiki-document-library/post-911-era-materials/post-911-era-materials-court-cases/hamdi-v-rumsfeld-542-u-s-507-2004/
Concept of human rights
The concept of human rights: Defining human rights
Human rights are rights that no government can deny, by virtue of a citizen being 'human.' Yet what constitutes a human right has varied greatly, depending upon the sentiments of the international community. There have always been basic, general rules of etiquette in terms of how to treat enemy soldiers during wartime and the actions of certain governments have been deemed outside of community norms throughout history, but standards of 'universal' human rights shift and change with history. The first formal declaration of human rights was made in 1948 by the UN. The definition of human rights today places limits on what governments can do to citizens -- examples of commonly-accepted human rights include the right to be free of the threat of genocide, slavery, and have the right to due process.
Although the words 'human…
Nickel, James. (2010). Human rights. The Stanford Encyclopedia of Philosophy. Retrieved:
Human freedoms are innate to every person, regardless of their status; whether tribe, nationality, area of residence, race, language or gender. Human rights are equal for all, and are given without any kind of discrimination. All human rights are interconnected, interdependent and cannot be separated. There are international law sources that guarantee and express these rights, such as customary law, general principles treaties and international law itself. International law of human rights points out the duties of Governments, which require them to behave in a certain manner or to avoid some acts, for the purpose of protecting everybody's fundamental freedoms and human rights (United Nations Human ights, n.d.).
United Nations' declaration has a number of articles which have handed power to the Act on Human ights. The first article states that every person is born equal and free in rights and dignity. Each of them has conscience and reason, and…
National Economic & Social Rights Initiative. (n.d.). What are the Basic Principles of the Human Rights Framework? -- NESRI -- National Economic & Social Rights Initiative. Retrieved July 14, 2016, from https://www.nesri.org/programs/what-are-the-basic-principles-of-the-human-rights-framework
Shivji, I. G. (1989). The concept of human rights in Africa. London: Codesria Book Series.
United Nations Human Rights. (n.d.). Retrieved July 14, 2016, from http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx
The Universal Declaration of Human Rights -- United Nations. (n.d.). Retrieved July 14, 2016, from http://www.un.org/en/universal-declaration-human-rights/ index.html
Human Rights: King Leopold's Ghost
King Leopold's Ghost: Human Rights
Conflicting arguments have been put forth in response to the question of whether or not colonialism is justified. Proponents of colonialism argue that it helps to bring civilization, progress and growth in the colonizer's religion. However, evidence shows that colonialism only benefits the colonialist nation at the expense of the colonized population. This text demonstrates why this is so using the book 'King Leopold's Ghost' by Adam Hochschild.
Those that plundered the Congo and other parts of Africa did so in the name of progress, civilization, and Christianity? Was this hypocritical? How? What justifications for colonial imperialism have been put forward over the past five centuries?
Simply stated, colonial imperialism is the establishment and maintenance of a nation's ruler over an alien nation that is subordinate, yet separate from the ruling power. Imperial powers from ancient to modern periods have…
Brems, Eva. Human Rights: Universality and Diversity. London, UK: Martinus Nijhoff Publishers, 2001.
Hochschild, Adam. King Leopold's Ghost: A Story of Greed, Terror and Heroism in Colonial Africa. New York, NY: Houghton Mifflin Company, 1999.
Gale, Thomson. "Colonialism," International Encyclopedia of the Social Sciences. 2008. Accessed October 1, 2015, http://www.encyclopedia.com/topic/Colonialism.aspx
Human Trafficking: Causes and Motivating Forces
There's no doubt that human trafficking is one of the saddest evils of our day: "On the worldwide black market, the third most profitable commodity after illegal weapons and drugs is human flesh: women and girls from all over Eastern Europe, sold for sex by the networks of organized crime that became entrenched in the aftermath after the fall of communism" (Malarek, 2011). Other scholars call it "modern day slavery" or "a slippery and confounding evil" (Skinner, 2008). egardless of what human trafficking is most accurately referred to, the more one entrenches oneself with a bold study of the literature and research that surrounds human trafficking, the better one will understand what motivates and perpetuates this crime against humanity and the better armed one becomes at abolishing it.
For example, in the article, "Human Trafficking in the United States: Expanding Victim Protection Beyond Prosecution…
Aradau, C. (2004). The perverse politics of four-letter words: Risk and pity in the securitisation of human trafficking. Journal of International Studies, 33(2), 251-277.
Chuang, J. (2006). Beyond a snapshot: Preventing human trafficking in the global economy. Indiana Journal of Global Legal Studies, 13(1), 137-163.
Finckenauer, J.O. (2001). Russian transnational organized crime and human trafficking. In D. Kyle (Ed.), Global Human Smuggling (pp. 166-186). Baltimore: Johns Hopkins University Press.
Malarek, V. (2011). The Natashas: The horrific inside story of slavery, rape, and murder.
Threats to security are seen to come not only from external military aggression but also from a myriad of internal challenges -- separatist movements, social unrest, or the collapse of the political system." -- Anwar 2003,
With the international attention given to "military aggression," especially external military aggression, in recent years, it is easy to allow one's idea of was security means to become clouded with Hobbesian and Machiavellian notions of armed conflict, with "war on terror" images of military and intelligence operations hunting down terrorists, and with the debate on nuclear proliferation in developing (or underdeveloped) nations like Iran and North Korea. What these definitions of security lack, however, is a full understanding of the term; military operations and protection from terrorist attacks are most certainly important factors in a nation's security, however, they are far from being the total measure of peace and stability in a society.
Stockholm Initiative on Global Security and Governance, 1991. Common Responsibility in the 1990s. Stockholm: Prime Minister's Office.
Timothy, K., 2004. "Human Security Discourse at the United Nations," in Peace Review, 16(1), pp. 19-24.
United Nations Development Program, Human Development Report, 1994. http://hrd.undp.org/reports/global/1994/en/.
Human ights in the Arab World
As stated by the "Universal Declaration of Human ights" in the United Nations, Human rights has almost become one of the most important factors that decided the development of a country. To be able to promote economic growth and prosperity it is essential that a country controls its power of creativity and enterprise of its citizens, which would aid it to move into the global market in terms of trade, communication and investment systems.
It has been noticed that the most talented members of the society are usually not granted their human rights and hence the political, social, and cultural developments of the society are being not in order due to human rights being violated. This gets us to realize that we need to follow human rights development not only to protect a single individual but the entire society on the whole.2 Wrong use…
Arzt, Donna E. "Religious Human Rights in Muslim States of the Middle East and North Africa" Retrieved from http://www.law.emory.edu/EILR/volumes/spring96/arzt.html Accessed on 03/04/3004
Bard, Mitchell G. "Myths & Facts Online: Human Rights in Arab Countries." Jewish Virtual Library. Retrieved from http://www.us-israel.org/jsource/myths/mf16.html Accessed on 03/04/3004
Gordon, Dick. "Human Rights in the Middle East." Retrieved from http://www.theconnection.org/shows/2002/04/20020424_a_main.asp Accessed on 03/04/3004
'Human Rights and Modern Arab States." Thinking Clearly. Retrieved from http://www.habtoor.com/thinkingclearly/html/issue42.htm Issue 42 / September 2001 Accessed on 03/04/3004
(Deuteronomy 22:28-29). hile these Biblical endorsements of unequal treatment may seem historical and antiquated to a modern, estern audience, the fact is that many parts of the world still treat women in a similar fashion, so that the Bible would be useless in helping to determine a standard of human rights for women.
In addition, many human rights activists believe that the death penalty is a de facto violation of human rights, regardless of the guilt or innocence of the person to be executed and the nature of the crime committed by that person. However, the Bible clearly endorses the application of the death penalty. Moreover, the Bible endorses the use of the death penalty in areas where most of the modern world has determined its use to be inappropriate. Amaziah executed his father's assassins, and the Bible described him as doing "what was right in the eyes of the…
Adherents.com. "Major Religions Ranked by Size." Adherents.com. 2007. Adherents.com 28
Sept. 2007 http://www.adherents.com/Religions_By_Adherents.html .
Carlson, Doug. "ENDA: Ending an Important Employer Right." The Ethics and Religious
Liberty Commission of the Southern Baptist Convention. 2007. The Southern Baptist Commission. 28 Sept. 2007 http://erlc.com/article/enda-ending-an-important-employer-right .
3. There is the cessation of suffering (duhkha-nirodha); and 4. There is a path leading to the cessation of suffering (duhkha-nirodha-marga)." (illis)
In Buddha's opinion, suffering (duhka) can be represented through any kind of pain and regardless of its form. The best representation of suffering can be presumably felt when a change from a state of happiness to a state of unhappiness occurs.
The cause of suffering (duhka-samudaya) states that most of the suffering that humans feel is because of their desires. Most humans are inclined to wish for something that they believe would grant them happiness. However, in most cases, the goal set by some might not have the desired effect on them once it has been achieved. In order for people to leave suffering behind, they would need to understand that the human nature does not necessarily depend on granted wishes.
The cessation of suffering (duhka-nirodha) refers directly…
2. Keown, Damien V., Prebish, Charles S., Husted, Wayne R.. 1998. HUMAN RIGHTS and UNIVERSAL RESPONSIBILITY. Curzon Press.
2. Sundaram, P.K. Om Sakthi Spiritual Movement. Available from: http://www.omsakthi.org/essays/buddhism_peace.html
3. Tenzin Gyatso, H.H. The XIVth Dalai Lama. His Hollines, the 14th Dalai Lama. Available from: http://www.dalailama.com/page.233.htm
4. Traer, Robert. Religion and Human Rights. Available from: http://religionhumanrights.com/Religion/Buddhist/buddhist.fhr.htm
Islam and Human Rights
a Critique of Contemporary Muslim Approaches
The basic objective of this research is note the errors that are committed by Muslims in their argument of human rights in Islam or in other words to explore possible means of formulation of a more coherent alternative expression of values to point out the errors committed by Muslims in their attempt to argue the case of human rights in Islam in the hope that efforts and resources expended in that direction can be derived to a more agreeable end; which is the exploration of possible means of formulating a more coherent alternative expression of values to the so-called "Islamic human rights."
A considerable amount of literature has been produced on these issues by competent Muslim thinkers and scholars but because they either
purposefully or 2) inadvertently chose to follow almost the same style as explored in the Western tradition…
Hassan, Riffat, Ph.D. ( ) Are Human Rights Compatible with Islam? The Issue of the Rights of Women in Muslim Communities, University of Louisville, KY [Online available at: http://www.religiousconsultation .org/hassan2.htm
Islam 101 "Human Rights in Islam" 2005 [Online available at: http://www.islam 101. com/rights/index.Htm 'Allamah Abu Al'A'la Mawdudi at Tawid Journal 'Vol.. IV No. 3 Rajah-Ramadan 1407 ajab-Ramadahan 1407 Human Rights in Islam.]
lan Gewirth and Human Rights
The philosophical concepts of human rights are many and varied. Yet, one of the theories that stands out the most in both approach and application is that of lan Gewirth.
His work demonstrates and ideal that has often been set as a stage for the application of many public issues, from law to psychology. Within the body of his works Gewirth argues that, "...human rights are best defended as necessary prerequisites for individual human beings' exercise of free and rational will." Giving license to the concepts of the right of all humans to act on their own behalf to meet their own needs of happiness through their own free will.
Hence, the value or requiredness of autonomy is not disproved by pointing to conditions whose efficacy stems from a violation of autonomy. The solution to this problem is to maintain or restore autonomy, not acquiesce…
Alan Gewirth, "The Immoral Sense," Criminal Justice Ethics 13.2 (1994), Questia, 22 Apr. 2004 http://www.questia.com/ .
Alan Norrie, ed., Closure or Critique: New Directions in Legal Theory (Edinburgh: Edinburgh University Press, 1993) 22.
UK Immigration Act of 1971 and Its Enforcement with espect to Administrative emoval/Deportation when Articles 3 and 8 of European Convention of Human ights are Engaged
Following the terrorist attacks of September 11, 2001, many observers stated that "nothing would ever be the same again" and in some ways they have been absolutely correct. While the United Kingdom continues its inexorable march to become fully integrated into the burgeoning European Union, a number of obstacles remain firmly in place that relate to the perceived need by the UK government to better control movement of foreigners within its borders. The purpose of this study was to provide an examination of the UK Immigration Act of 1971 and its enforcement with respect to administrative removal or deportation when Articles 3 and 8 of European Convention of Human ights are engaged. This study used a three-chapter format to achieve this research purpose. Chapter…
Apap, J. And Carrera, S. 2004, "Maintaining Security within Borders: Toward a Permanent State of Emergency in the EU?" Alternatives: Global, Local, Political 29(4): 399.
Barav, A., Wyatt, D.A. And Wyatt, J. 1998, Yearbook of European Law, Vol. 17. Oxford: Clarendon Press.
Bello, J.H. 1995, "Community Competence to Conclude Certain International Agreements." American Journal of International Law, 89(4): 772-789.
Brown, J.M.and Louis, W.R. (Eds.). 1998, The Oxford History of the British Empire, Vol. 4. Oxford, England: Oxford University Press
UN Human ights Committee Calls for U.S. Surveillance eform
In order to preserve and safeguard civil and political rights, the United Nations monitors the protection of these rights by member states who have become part of the International Covenant on Civil and Political ights (ICCP). As part of this legally binding treaty, the U.N. periodically assigns a body of independent experts to conduct an examination of how nations are implementing the protections guaranteed under ICCP. This body, called the Human ights Committee, then submits a report which "addresses its concerns and recommendations…in the form of 'concluding observations'." ("Human ights Committee") ecently the Committee submitted a report on the United States and its current policy of surveillance of the internet and wireless communications. In response to this report a digital freedom foundation called ACCESS wrote an article titled "UN Human ights Committee calls for U.S. surveillance reform" which supports the Committee's…
"Human Rights Committee." United Nations Human Rights: Office of the High
Commissioner for Human Rights. Retrieved from http://www.ohchr.org/en/hrbodies/ccpr/pages/ccprindex.aspx
Mitnick, Drew and Deborah Brown. (1 April, 2014). "UN Human Rights Committee calls for U.S. surveillance reform." ACCESSNOW.org. Retrieved from https://www.accessnow.org/blog/2014/04/01/un-human-rights-committee-calls-
Universal Declaration and Bill of Rights
Universal Declaration of Human Rights, the UN Charter and U.S. Bill of Rights: A Discussion
Throughout our history, leaders have published documents that delineate acceptable behavior for the people they govern. These writs include the original Bill of Rights, which stands as the basis for our democratic government, the Universal Declaration of Human Rights, and the UN Charter. These documents form the basis from which law officials draw upon knowledge in order to prosecute or condone acceptable behavior. It is imperative to understand how they work together, and the significance of each in our times.
The original ten articles of the Bill of Rights were passed and ratified in the late 1700's. They identified the basic freedoms and inalienable rights belonging to each individual. The amendments that followed developed as needs of the times proved that they were necessary, and limits to the original…
European Convention on Human Rights (ECHR) guarantees the citizen within the EU a right to respect for private and family life, and is typically appealed to in conjunction with disputes regarding unlawful searches. However, as Wicks, Rainey and Ovey (2014:334) illustrate, Article 8 is actually quite open-ended and may be applied in any number of ways -- even in the case of Y who is threatened with deportation to Nepal.
Article 8 states in two provisions that, first, "everyone has the right to respect for his private and family life, his home and his correspondence," and, second, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime,…
England and Wales Court of Appeal (Civil Division) Decisions (2010) Birmingham City
Council v Clue, Accessed 12 May 2015 at http://www.bailii.org/ew/cases/EWCA/Civ/2010/460.html
European Convention on Human Rights (2010) Convention for the Protection of Human
Rights and Fundamental Freedoms, Strasbourg, European Court of Human Rights.
Experimentation with human subjects raises a number of important moral implications. Modern protections for human subjects have their history in the Nuremberg Code, written for the Nuremberg Military Tribunal as a standard for judging the human experiments performed by the Nazis in WWII. The Declaration of Helsinki in 1964 further defined codes for human research, and the United States first implemented regulations for protecting human subjects as late as 1984 under the auspices of the Department of Health, Education and Welfare (DHEW). That same year the National Commission for the Protection of Human Subjects of Biomedical and Behavioral esearch began work on the Belmont eport. The report, published in 1978, set out the key ethical principles of respect for persons, beneficence, and justice that now underlie legislation involving research that on human subjects (United States Department of Health & Human Services). Today, the Department of Health and Human…
Office for Protection from Research Risks. 1997. Summary of Basic Protections for Human Subjects. December 23, 1997. 24 June 2004. http://www.hhs.gov/ohrp/humansubjects/guidance/basics.htm
United States Department of Health & Human Services, The Office for Human Research Protections (OHRP). Institutional Review Board Guidebook. 24 June 2004. http://ohrp.osophs.dhhs.gov/irb/irb_introduction.htm
ight to Privacy
Being a citizen of the United States comes with many benefits in comparison to citizenship in other countries. Through the U.S. Constitution and the Bill of ights we are granted certain rights -- the right to free speech, freedom of religion, freedom of the press, and freedom of assembly -- just to name a few. However, despite the 27 amendments the Bill of ights that guarantee American protections and liberties, there is no explicit law that guarantees protection to a citizen's right to privacy (Davis, 2009). It is more of an assumed protection, although most Americans do not realize it.
In 1928, Associate Supreme Court Justice Louis Brandeis referred to the right to privacy as the "right to be left alone" (De Bruin, 2010). This assertion is often supported with a citation of the 14th amendment which states: "No State shall make or enforce any law which…
Cowan, J. (2010). Why we'll Never Escape Facebook. (Cover story). Canadian Business, 83(10), 28-32.
Davis, S. (2009). Is There A Right To Privacy? Pacific Philosophical Quarterly. 90(4), 450-475.
De Bruin, B. (2010). The Liberal Value of Privacy. Law & Philosophy, 29(5), 505-534. doi:10.1007/s10982-010-9067-9.
Doyle, C., & Bagaric, M. (2005). The right to privacy: appealing, but flawed. The International Journal of Human Rights. 9(1), 3-36.
Human Nature and Conduct: An Introduction to Social Psychology
In Human Nature and Conduct, John Dewey propounds the theory that all human conduct is the outcome of an interaction between elements of human nature and the environment, both natural and social (Dewey, p. 10). Based on this premise, Dewey advocates that the study of morals or ethics shift its ground from a transcendental realm to one where the discipline of social psychology is used to intelligently reengineer the environment so that ethical behavior is habitually encouraged. Thus, Dewey defines the moral problem as that of "modifying the factors which now influence future results. To change the working character or will of another we have to alter objective conditions which enter into his habits." (p. 18) Personally, I agree with Dewey's philosophy because its construct makes the achievement of an ethical world seem more real and less utopian.
The subject of…
Dewey, J. "Human Nature and Conduct: An Introduction to Social Psychology." New York:
The Modern Library, 1930.
Comparative Analysis of Human Trafficking in the United States with the orld
Specialized Field Project
Human Trafficking is a very serious issue that affects every country around the world. Human Trafficking is also known as "Sex Trafficking," or "Modern Day Slavery," which reflects the primary reasons people are bought and sold today -- sex trade and involuntary labor. The Trafficking Victims Protection Act of 2000 (TVPA) defines sex trafficking as
"the recruitment, harboring, transportation, provision, or obtaining of a person for a commercial sex act, is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age."
Moreover, labor trafficking is defined as
"the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, using force, fraud, or coercion for subjection to involuntary servitude, peonage, debt bondage or slavery." (CNHTR, n.d.)…
Wayne, O. & Genelle, B. (2011). Major Principles of Media Law, 2012 Edition, Chapter 10, Cengage Learning.
Wheaton, E. M., Schauer, E. J., & Galli, T. V. (2010). Economics of Human Trafficking. International Migration, 48(4), 114-141. doi:10.1111/j.1468-2435.2009.00592.x
Wyler, L.S. (2013). Trafficking in Persons: International Dimensions and Foreign Policy Issues for Congress. Congress Research Service
Australian Bill of Rights
Maintaining a feasible balance between free will and government control is a constant and historic ideal that has driven the evolution of society for thousands of years. Law has been self imposed on mankind in order to regulate unwanted behavior and streamline acceptable and appropriate lines of acceptable living. Morals, ethics and personal preferences from all segments of society should be accurately represented to design a comprehensive and ultimately fair and balanced code of conduct. hile the struggle to make sense of this seemingly perpetual argument seems to evade modern civilization, Australia's current constitutional debate is worthy of discussion.
The purpose of this essay is to evaluate both the arguments for and against Australia adopting a Bill of Rights to be included in their national constitution. I will present several arguments profiling the possible outcomes of following the status quo or implementing a new federal policy…
Carr, B. 2009. Bill of rights is the wrong call. The Australian.May 9, 2009. Retrieved from http://www.theaustralian.com.au/news/features/bill-of-rights-is-the-wrong-call/story - e6frg6z6-1225710664130
Evans, S. & Evans, C. 2006. Legal redress under the Victorian Charter of Human Rights and Responsiblities. Public Law Review Vol 17, 2006 p260-281. Retrieved from http://www.hrlc.org.au/files/BH55WAEOSL/Evans%20-%20Remedies%20PLR.pdf
Funnell, N. (2010). Human rights abuses happen close to home too. The Sunday Morning Herald, December 9, 2010. Retrieved from http://www.smh.com.au/opinion/politics/human-rights-abuses-happen-close-to-home - too-20101209-18qps.html
Gregg, S. (2001). Pros and cons of a Bill of Rights. The Canberra Times, 29 May 2001. Retrieved from http://www.cis.org.au/media-information/opinion-pieces/article/1470 - pros-and-cons-of-a-bill-of-rights-
But sometimes the victims themselves are afraid to voice their grievances in the public because speaking up entails shame, ostracization, and even extra-judicial killings. The victims can express their grievances in public "only at certain times and in certain ways" because their rights are infringed on social and cultural levels (Dewey).
The fact that cultural and traditional beliefs and attitudes contribute to violations of women's rights in a systematic manner can be observed by reading literature on the practice of dowry. Many Indian legal and philosophical thinkers use relativistic terms to contest the notion that the practice contributes to the abuse of women. They contest the notion because they argue the concept of human rights is a estern notion, sometimes disregarding cultural variations and sensibilities of the Indian nation (Gupta). The general critique of the concept of human rights as a western notion may be valid in some matters, but…
Dewey, Susan. "Dear Dr. Kothari': Sexuality, Violence Against Women, and the Parallel Public Sphere in India." American Ethnologist, 36/1 (2009): 124-139.
Duggal, Ravi. "The Political Economy of Abortion in India: Cost and Expenditure Patterns." Reproductive Health Matters, 12/24 (Nov. 2004): 130-137.
Grewal, Indu and Kishore, J. "Female Foeticide in India." International Humanist and Ethical Union. 1 May 2004. Web. 12 Dec. 2011
Gupta, Nidhi. "Women's Human Rights and the Practice of Dowry in India." Journal of Legal Pluralism and Unofficial Law, 48 (2003): 85-123. Web. 12 Dec. 2011
The United States Supreme Court ruled in favor of Illinois and argued that the Fourteenth Amendment was designed to protect against race discrimination only…" Gibson, 2007, Background to Muller v. Oregon section ¶ 1). The Court ruled that the Fourteenth Amendment did not include the protection of women's rights.
The following depicts Justice Bradley's concurring opinion regarding Bradwell's
Man is, or should be, woman's protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life. The constitution of the family organization, which is founded in the divine ordinance, as well in the nature of things, indicates the domestic sphere as that which properly belongs to the domain and functions of womanhood.... The paramount destiny and mission of woman are to fulfill the noble and benign offices of wife and mother. This is the law…
Babcock, Barbara Allen. (1975). Sex Discrimination and the Law: Causes. Retrieved April 3,
2009, from http://books.google.com/books?id=pi5AAAAAIAAJ&q=Liberti+v.+York&dq=Li
The Columbia World of Quotations. (1996). Columbia University Press. New York.
Peril of Human Trafficking
All over the world, human beings are bought and sold like slaves: this is known as the scourge of human trafficking. Human trafficking can take many forms. There is trafficking of persons involved in forced labor, forced prostitution, child labor, migrant smuggling and manipulation. No matter the form, the outcome is always the same -- trafficking is a violation of human rights. The United Nations has issued a very clear and stark warning to the world regarding the severity and seriousness of human trafficking: "Virtually every country in the world is affected by these crimes" (UNODC, 2015). To put a stop to it, the UN has partnered with six organizations "committed to combating human trafficking" (UNGIFT, 20015). This paper will discuss the nature of human trafficking, how and why it violates human rights and international law, and how it can be stopped.
At Its oot Human…
ACT. (2015). The Children Market. ACT. Retrieved from http://www.againstchildtrafficking.org/
Become a Partner. (2015). LOVE146. Retrieved from https://love146.org/
Coalition. (2015). Against Trafficking in Women. CAT. Retrieved from http://www.catwinternational.org/
End Trafficking. (2015). UNICEF. Retrieved from
The right to choose
In her article "The ight to Choose? eally?," Kathryn Jean Lopez outlines a number of benefits to the Abortion Non-Discrimination Act (ANDA) and denigrates the viewpoints of the pro-abortion opponents to ANDA. As Lopez notes at the start of her article, ANDA was enacted to enable hospitals and other healthcare providers to not have to perform abortion against their will. Lopez's main argument is that the bill is necessary because otherwise, healthcare providers have no choice but to provide abortions, even when abortions are antithetical to their sensibility. She argues that by preventing life, abortions are an affront to the purpose of the hospital. Accordingly, Lopez contends that ANDA actually promotes freedom since it allows hospitals the autonomy to choose whether or not to perform abortions.
By stating that ANDA endorses freedom, Lopez erroneously privileges the healthcare provider over the patients themselves. The purpose…
Lopez, K.J. (Fall 2002). "The Right to Choose? Really?" The Human Life Review, 39-44.
Theory -- Approach Linkage
Human trafficking in Vietnam: Article critique
Although no region of the world is immune to the problem of human trafficking, in certain areas the crime is particularly acute. In Asia, the ratio of trafficked persons relative to the rest of the population is even higher than it is worldwide, with 3 victims per every 1,000 inhabitants, and that is only of the persons who are known to be trafficked (uong 2012: 48). There are also a likely very high percentage of trafficked persons who are not detected by any legal agencies at all. "The exact number of victims of human trafficking, therefore, is likely to be much higher" (uong 2012: 49). The majority are likely thought to be women, specifically women in the sex trade. With this in mind, uong (2012) offers a gender-based analysis of trafficking, with a focus upon Vietnam. Vietnam is often called…
Despite these weaknesses, the evidence presented by Duong (2012) is unique and valuable simply because it takes a case study approach. Few articles which deal with trafficking do so; most discuss the phenomenon in a generalized fashion that does not take into consideration regional differentiation. As pervasive as the problem of trafficking may be, it is important not to present the issue without regards to national and regional cultural differences and to take into consideration how different populations are affected in its various manifestations.
Duong, K.A. (2012). Human trafficking in a globalized world: Gender aspects of the issue and anti-trafficking politics. Journal of Research in Gender Studies, 2(1), 48-65.
It is generally agreed that for one to be a true professional, one has to separate one's personal ethics from their professional ethics. This is sometimes necessary because the two ethics sets will sometimes conflict. However, the ethical dynamic when it comes to employment situations is greatly complicated by other factors that turn what would normally be black and white issues into shades of gray. Things that can lead to these shades of gray include religion, disagreements with the ethical standards being posed by a government power or employer and so forth. While some may like to assert that the rules of the employment and human resources playing field are clear-cut and without question, that is simply not the case sometimes and some skepticism about the a matter may actually be justified.
One major topic that comes up when it comes to employment situations and ethics would…
ACLU. (2013). Court Rules Bakery Illegally Discriminated Against Gay Couple - ACLU - Colorado. ACLU - Colorado. Retrieved 3 September 2015, from http://aclu-co.org/court-rules-bakery-illegally-discriminated-against-gay-couple/
Blinder, A. (2015). Kentucky Clerk Who Said 'No' to Gay Couples Won't Be Alone in Court. Nytimes.com. Retrieved 3 September 2015, from http://www.nytimes.com/2015/09/03/us/kentucky-rowan-county-clerk-kim-davis-denies-marriage-license.html?_r=0
HRC. (2015). The Repeal of Don't Ask, Don't Tell. Human Rights Campaign. Retrieved 3 September 2015, from http://www.hrc.org/resources/entry/the-repeal-of-dont-ask-dont-tell
NCSL. (2015). Access to Social Media Usernames and Passwords. Ncsl.org. Retrieved 3 September 2015, from http://www.ncsl.org/research/telecommunications-and-information-technology/employer-access-to-social-media-passwords-2013.aspx
ights of the employees and employers in the UAE
This paper is divided into two parts: art one highlights the responsibilities and rights of the employers working within the UAE; the second part highlights the rights of the employees, including expatriates, working within the UAE.
Employer ights and Duties
Prevalence of Arabic
In all sorts of records, contracts, files, statements and documents Arabic language will be used and its use will also be compulsory for the instructions and the circulars used in the organization by the employer to the employees and if in any case there is any sort of foreign language prevailing then Arabic shall prevail over all the other texts (Labor Law, 2001).
ATICLE (4) - Amounts payable
The amount paid to the employees or any of hidden beneficiaries under the law shall be based on the value of the movable and immovable property and items of the…
Human Rights Watch (HRW) (2006). Building Towers, Cheating Workers: Exploitation of Migrant Construction Workers in the United Arab Emirates. HRW, 18 (8).
Keane, D. And McGeehan, N. (2008). Enforcing Migrant Workers' Rights in the United Arab Emirates. International Journal on Minority and Group Rights 15, 81 -- 115.
Latham & Watkins (L&W) (2009). Employment Issues in the United Arab Emirates. Memorandum. New York's Code of Professional Responsibility.
Labor Law. (2001). Labour Law And Its Amendments. U.A.E. Labor Law Federal Law No. (8) of 1980.
The U.S. Supreme Court has given employers "little choice" in the matter, Boyd explains. If a company "can prove" they took "reasonable care" in order to prevent or to correct inappropriate behavior, under the law they have (in many cases) "safe harbor" from punitive damages (Boyd, p. 332). The author states that sexual harassment training "…has evolved to become an ornate administrative display which has the appearance of concern…" but which in fact is "expedient in that it mitigates employer liabilities in any future court cases" (p. 332).
Charles a. Pierce, Professor of Management at the University of Memphis, offers another approach for HR managers in his article published by Human Resources Management. He asserts that "nearly 10 million workplace romances develop annually" in the U.S. And "about 40% of employees" have had a workplace romance (Pierce, et al., 2009, p. 448). The reasonable and logical point of Pierce's article…
Appelbaum, Steven H., Marinescu, Ana, Klenin, Julia, and Bytautas, Justin. (2007). Fatal
Attractions: The (Mis) Management of Workplace Romance. International Journal of Business Research, VII (4), 31-43.
Boyd, C. (2010). The Debate Over the Prohibition of Romance in the Workplace. Journal of Business Ethics, 97(2), 325-338.
Mathis, Robert L., and Jackson, John H. (2007). Human Resource Management. Florence, KY:
Moreover, the study compares the effect on human factors on different types of aircraft. The study also reveals the correlation between the anomalies and type of aircrafts.
Human factors cause of Aircraft Accidents
The results of the descriptive statistics reveal that situational awareness is the most contributing human factor to aircraft accidents with the Mean =112. Moreover, the Mean value of the communication breakdown is 80 which rank second as the human factors problem to aircraft incidents. Typically, communication breakdown occurs when the pilot or other aircraft crew is unable to communicate with terminals. Communication is very critical for effective operations of aircraft, a pilot will require to constantly making radio communication when on air to ensure the aircraft safety and the aircraft is on the right direction. Confusion as human factor ranks third with the Mean =70. The descriptive statistics table shows other important human factors that cause the…
Balk, A.D. & Bossenbroek, J.W. (2010). Aircraft Ground and Human Factors, A comparative study of the perceptions by ramp staff and management. NLR Air Transport Safety Institute.
Boeing (2013). Commercial Jet Statistical Summary of the Airplane Accidents Worldwide Operations 1959 -- 2012. Boeing 707.
Eldredge, D. Mangold, S.J. & Dodd, R.S. (1992). A Review and Discussion of Flight Management System Incidents Reported to the Aviation Safety Reporting System. U.S. Department of Special Programs & Transportation Research Administration
Deitz, S.R. & Thomas, W.E (1991). Pilots, Personality and Performance: Human Behavior & Stress in the Skies.
The key issue is what skills are required to do the job and not what skills the individual employees may have.
Effort -- is the quantity of physical or mental exertion that is needed to perform the job. If the job requires more effort than the other jobs and if that extra effort is substantial and is a regular part of the job then it would not be a violation to pay that person more, regardless of whether the job is held by a man or a woman.
esponsibility -- is the degree of responsibility that is required in performing the job.
Working Conditions - this includes two factors: (1) physical surroundings like temperature, fumes, and ventilation, and (2) hazards.
Establishment -- is the prohibition against compensation discrimination under the EPA and applies to any jobs within any establishment. An establishment is a distinctive physical place of business rather than…
Equal Pay Act. (2004). Retrieved January 30, 2010, from Tennessee Employment Center Web
Equal Pay Act. (2010). Retrieved January 30, 2010, from Answers.com Web site:
Often employees also receive an end-of-year lump sum bonus that is not included in their base pay (Employee Compensation, 2010).
Perkins and Balkin can choose to do any types of compensation plans that they want to. They can have plans for different areas within the organization. For example, everyone in the company could be on an hourly compensation plan while say the sales department could be on a pay for performance plan. The key is to make sure that everyone that is within a department is on the say type of plan so that everything is kept fair and ethical.
A high performance work system has many benefits for both employees and organizations. If employees feel that they are part of a high performance system then they will be happier employees and thus more productive. There are seven steps that a company must go through in order to establish a…
Employee Compensation. (2010). Retrieved May 23, 2010, from Novelguide Web site:
Fogleman, Sarah L. (2004). Creative Compensation. Retrieved May 23, 2010, from Web site:
The mechanic must have adequate knowledge, training, data for assigned task, tools and equipment, be mentally and physically prepared, take safety precautions, have adequate resources, and have researched FAR, Federal Aviation Regulations, to ensure compliance. The task must be performed with a committed attitude, in accordance with appropriate data and acceptable methods, techniques, and practices that are industry acceptable. The mechanic must perform without pressures, stresses, and distractions, re-inspect work, properly record work performed, and perform operational checks. The mechanic must also be willing to sign for work performed and be willing to fly in the aircraft upon approval for return to service.
In spite of having measures in place to mitigate human error in aviation, there is still a major amount of incidents that involve human error. A Quantas plane flew from Darwin to risbane with a rag over a power generator, left on the generator during a…
Administration, F.A. (2009). Aircraft Inspection and Repair: Acceptable Methods, Techniques, and Practices. New York, NY: Skyhorse Publishing, Inc.
Airline worker killed at N.C. airport. (Aug, 9, 2007). Aviation Human Factors Industry News, Vol III Issue 28, Retrieved from http://www.system-safety.com/...n%20HF%20News/AVIATION%20...
Aviation operators cut corners at espense of safety. (Oct. 9, 2007). Aviation Human Factors Industry News, Retrieved from http://www.system-safety.com/Aviation%20HF%20News%203707%20.pdf .
Higgins, C. & . (n.d.). Human factors in improving aviation safety. Retrieved from Boeing: http://www.boeing.com/commercial/aeromagazine/aero_08/human.pdf
The new law has prosecuted 426 traffickers in 203 cases. These traffickers had 844 victims in that year alone. This law imposes penalties from 10 years imprisonment to life imprisonment (Kyodo).
Myanmar: Effective or Not?
The capacity of the national government in fighting the problem of human trafficking has been limited (UNODC 2007). It is particularly limited in implementing policy changes in remote areas where traffickers operate. Anti-trafficking groups are looking into the situation. The UNODC addresses the issue by implementing projects and participating in partnership initiatives in the country. These projects and initiatives include increasing public awareness of the problem, provision of technical assistance for the law enforcement sector and the judiciary, greater and easier access to service providers and enhancing their capabilities (UNODC).
Reports say that Cambodia is a source, transit and destination country for human trafficking (HumanTrafficking.org 2009). Human traffickers consist of organized crime syndicates, parents,…
CIA. Russia. The World Fact Book: Central Intelligence Agency, 2009. Retrieved on April 23, 2009 from http://www.cia.gov/library/publications/2732.htm
Gekht, Anna. Shared but Differentiated Responsibility Integration of International
Obligations in Fight against Trafficking in Human Beings. Denver Journal
International Law and Policy: University of Denver, 2008. Retrieved on April
new convention on the rights of domestic workers be enforced?
This paper is a treatise on the topic of the new Convention on Decent Work for Domestic Workers, established by the International Labour Organization (ILO) in Geneva, Switzerland on June 16, 2011 as ILO Convention 189. The convention may alternately be referred to in literature as the Domestic Workers Convention, 2011 (No. 189). The convention will hereafter be referred to in this document as C189. We will outline and discuss salient issues and challenges surrounding the acceptance and enforcement of C189, a landmark convention in the eyes of many. Although indisputably necessary and essential, C189 has nevertheless been controversial in its content and interpretation, and will continue to be so in upcoming years. C189 will require not only international cooperation for its success, but also the development and ratification of new and advanced provisions in international law. The challenges inherent…
DeParle, J. (2011, October 8). Domestic Workers Convention May Be Landmark - NYTimes.com. Retrieved December 15, 2011, from http://www.nytimes.com/2011/10/09/world/domestic-workers-convention-may-be-landmark.html?_r=1&scp=1&sq=Domestic%20Labor&st=cse
Dioquino, R.-A. J. (2011). DOLE seeks support for domestic workers convention | Tumblr. Retrieved December 19, 2011, from http://www.tumblr.com/tagged/domestic+workers%27+convention
Human Rights Watch. (2011, June 16). ILO: New Landmark Treaty to Protect Domestic Workers. Human Rights Watch. Retrieved December 15, 2011, from http://www.hrw.org/news/2011/06/16/ilo-new-landmark-treaty-protect-domestic-workers
ILO-1. (2011). Convention No. 189 Decent work for domestic workers. International Labour Office. Retrieved from http://www.ilo.org/wcmsp5/groups/public/-ed_protect/-protrav/-travail/documents/publication/wcms_161104.pdf
Fichte separate right from morality and is it a good thing? Should they be separated?
Fichte's Philosophy of ight and Ethics
Why does Fichte separate right from morality and is it a good thing? Should they be separated?
Moral and political anxieties animate Fichte's entire philosophy and his perceptions to these issues that are innovative and at times tied together. His responses to Kant's vital philosophy in 1790 was a retaliation to the Kantian moral perception and its outset of human self-esteem as embedded in freedom and the moral outlook of human beings as normal agents. Fichte's perception on Wissenschaftslehre principle was a far from the conceptions developed in 1974 by the philosophers of Foundations of the entire Wissenschaftslehre. Fichte's major works in the principle of right and morality are extensively covered in these two areas; Fichte's Foundation of Natural ight (Cambridge Texts in the History of Philosophy) And the…
"Fichte's Philosophy of Right and Ethics," forthcoming in Gunter Zoller (2007). The
Cambridge Companion to Fichte. New York: Cambridge University Press.
elevance to Human Service Practice
According to Australian Government - Office of the Privacy Commissioner (2007), the Australian human services confidentiality is a major principle defining the relationship between the human service workers and the clients. In the two cases the human services have privileged the notion of confidentiality over the more fundamental right of privacy. They argue there is a persistent confusion between these two concepts and that privacy is an important but neglected ethical concept within human services. The two cases are examples of breach of confidentiality and privacy and implications.
Following her accident, Sara was liable to compensation from her insurer in accordance to the New South Wales road accident compensation scheme. In New South Wales, people who suffer personal injuries because of road accidents can claim compensation under the New South Wales Motor Accidents Scheme, which is administered by the Motor Accidents Authority. Motor accident compensation…
Australia. Human Rights Commission. (1983). Review of Crimes Act 1914 and Other Crimes Legislation of the Commonwealth. Australian Government Publication Service.
Australian Government - Office of the Privacy Commissioner. (2008). M v Commonwealth Agency  PrivCmrA 13. Retrieved April Monday, 2012, from www.privacy.gov.au: http://www.privacy.gov.au/materials/types/casenotes/view/5929
Australian Government - Office of the Privacy Commissioner. (2001, November). Privacy in the Private Health Sector. Retrieved April Monday, 2012, from www.privacy.gov.au: http://www.privacy.gov.au/index.php?option=com_icedoc&view=types&element=guidelines&fullsummary=6517&Itemid=1021
Australian Government - Office of the Privacy Commissioner. (2005, March). Review Issues Paper. Retrieved April Monday, 2012, from www.privacy.gov.au: http://www.privacy.gov.au/index.php?option=com_icedoc&view=types&element=other&fullsummary=6728&Itemid=1021
Collective argaining and Civil Rights
Postal Service (USPS) entered into a Collective argaining Agreement (CA) with the American Postal Workers Union (APWU) in November of 2000. This CA addressed issues such as wage increase and promotion procedure, reassignment and reduction in force protection, as well as accommodation for deaf and hard of hearing postal employees. Specific measures for accommodating deaf and hard of hearing employees were established. Instituting the use of training videos with captions and using sign language interpreters during meetings, especially safety meetings, are a couple of measures outlined in the 2000 CA.
With the events that occurred on September 11th, 2001, and subsequent mailings of the potentially deadly biochemical Anthrax, safety of our U.S. Postal Service workers became a top priority. Numerous meetings were held to inform and instruct employees of potential hazards and proper handling procedure for packages suspected of containing anthrax. Vital information and procedures…
1. Deaf/Hard of Hearing Task Force Update. Retrieved 8/17/05, from APWU http://apwu.org/doh/index.htm
2. Goldberg, (11/21/2000). Collective Bargaining Agreement Between American Postal Workers Union, AFL-CIO and U.S. Postal Service. Retrieved 8/17/2005, from APWU http://apwu.org/dept/ind-rel/sc/082002ir2000cba.pdf
3. Kloepfer, Gary, (4/20/2004). Certified Interpreter Should Have Been Used for Safety Talk ((Airs # 40281-K98C-IK-C02029061). Retrieved 8/17/05, from John Durben http://www.newal.org/news/archives/00000138.htm
4. No'l Decker, ( 5/14/2003). Deaf Employees File Class Action Lawsuit Against the United States Postal Service for Civil Rights Violations. Retrieved 8/17/05, from APWU http://apwu.org/doh/stdeafhohlawsuit.htm
They may be sold to another owner after they arrive, and since most agreements are verbal, they are easily broken. Another startling fact in human trafficking is how many victims enter the trade willingly, because of the need to provide income for their families. esearchers Cwikel and Hoban note this is especially true in ussia, where many former Soviet Union countries have privatized education and health care facilities. ussian women often enter the sex trade via trafficking as a way to earn wages for education and health care expenses for the rest of their family. Often, victims come from poor, third-world countries. esearcher Miller states, "Desperate and gullible populations, especially in developing and transitioning countries, are susceptible to the promises made by recruiters (including family members) of a better life in another place, especially promises of paid work, marriage, or domestic service" (Miller). Thus, the practice preys on the most…
Cwikel, Julie, and Elizabeth Hoban. "Contentious Issues in Research on Trafficked Women Working in the Sex Industry: Study Design, Ethics, and Methodology." The Journal of Sex Research 42.4 (2005): 306+.
Matthews, Stacey. "International Trafficking in Children: Will New U.S. Legislation Provide an Ending to the Story?." Houston Journal of International Law 27.3 (2005): 649+.
Miller, John R. "Slave Trade: Combating Human Trafficking." Harvard International Review 27.4 (2006): 70+.