Role of Human Right towards Universal Sovereignty – Essay
People should know about their rights, how to exercise and what the importance of these rights is. The pursuit of human rights by each and every individual brings universal sovereignty.
There should be pursuit of human rights from all national and international level. The natural law that enlightened the human law which gave that ruler should done justice to those they rule. Rulers should not exploit their ruling class and make harmonious relation with them. Many philosophers in 18thcentury like Hobbes, Rousseau is based on social contract. In this view, individual have rights and they delegate their rights to create social and political state for security and governance.
The role and importance of human rights are defined by many other scholars. D. D. Basu defined “Human rights are those minimum rights which every individual must have against state or other public authority by virtue of his being a member of human family, irrespective of any consideration”.
Richard Wasserstein described Human Rights as it is those minimal things without which it is impossible to develop one capabilities” Justice H. R. Khanna defined “human rights is in an ambience imbued with the sanctity of human rights that society is assured of rule law, an essential ingredient, and a postulate, of which is existence of independent courts.
It bears reiteration that equality before law and equal protection of laws are among the most vital human rights. It is basic to the effectiveness of these rights that courts are independent. Independence of courts thus necessarily flows from charter of human rights”. Soli. J. Sorabjee has opined about human rights, which is as protection of human rights of individual, an abiding concern of every civilized state, assumes vital importance in time of emergency when there is invariably vast concentration of power in executive and considerable dilution of safe guard in which ensures of protection of fundamental rights. Suspension of human rights is the concomitant feature of emergencies, there violation an inescapable consequences”.
M. H. Beg, former Chief Justice of India defined human rights as Human rights imply justice, equality and freedom from arbitrary and discriminatory treatment. These cannot be subordinated to interest of the rulers”. R. N. Misra, “Human rights is an obligation which all of us have to perform man, wherever he lives, whatever religion he professes, whatever food he takes, is member of family.
All of us learnt to line like family. One then will able to develop culture of human rights”. Dobell has defined human rights as “Just as legal right have the law at their source and contractual rights arises from contract, humanity, human nature or such aspect of all persons would seems to source of human rights”.
Rao defined human right “Inherent dignity and rights of all members of human family recognizing them as foundation peace, freedom and justice in the world”. Human right is mainly concept of freedom, liberty, nondiscrimination, peace and unity. It is basically protection of human personality and fundamental right, who is ultimate purpose of all law, national and international.
Justice Fathima Beevi has observed about human rights as “The concept of human rights has assumed importance globally during past few year decades and has international significance as every country is subject to international scrutiny by the world body which indicts member- states for violations, while there is increasingly widespread concern for universal respect and observance of human rights, grass violation of internationally recognized norms continue unabated in almost all parts of the world. The overall situation has been characterized by large scale breaches of civil and the political rights, as well as economic, social and cultural rights.
The rights of life, to an adequate standard of living to freedom of expression to protection from torture, arbitrary arrest and many of common standard of achievement for all people and all nations are as far from the realization as ever. The obligation set out in the course of international conventions and multilateral treaties for, the promotion and protection of human rights and accepted by most of governments is flouted by them with impunity”.
As there is diversity of human population and natural tradition, theory of human right faced many problems-how to continue to expand human rights protection to every nation and person on Earth and how to create awareness that what is human right, who is entitled to them, why they must be enforced.
Western cultural evolution has led to a standard of human rights, as expressed in Universal Declaration of Human Rights. As the world has divided itself into national, linguistic, economic, religious and cultural basis. They universally acceptable human rights appear to be most insurmountable. Many Middle Eastern, Latin America, Asia do not really identify human rights – for e.g. women and children rights like women enjoy equal rights.
Another obstacle in achieving national Sovereignty. Each nation has the absolute right to govern its internal affairs without interference from other nations. This principle provide little support for people of one or more nation of intervene in order to expand awareness of human rights a punish violation in another nation.
National sovereignty may become rationalization for failure to support human rights in another country. Cultural diversity throughout world led to many nations and region to reject numerous international norms of human rights because it reflects western cultural ideals.
The basic principle underlying all human rights documents to universal declaration of human rights is inherent equality of all human being. This equality, on which popular sovereignty rests, underscores the universality of human rights, promulgated by international bodies like united nation, approved by representative of world nation and ratified by majority of countries. Human rights strengthening individual and nations by creating all the people more creative and productive and making government to needs of its entire citizen – not a favored few.
The right must be protected and promoted by performing different steps. The first step is knowledge. Knowledge helps in protecting rights, as it educates people about the importance of their rights and enjoying the benefit they provide.
The second step is victims should report violation to proper local authorities, take legal action in domestic courts. Increasing involvement of Non-governmental organization help in the exposing and identifying human right abuses as well as bringing pressure to bring a responsible government also compensates the victims. Education is the third important step which provides number of remedies for dealing with abuses.
Thus, human right protection is rooted in action of people, institutions and decision. Many great personalities like Nelson Mandela, Aung San Suo Kyi of (Burma) have defined human right and continue struggle to bring respect for human rights to their homeland and bring democratic government.