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RESPONSE PAPER COURSE: INTERNATIONAL HUMAN RIGHTS AGNI ISWARANI 112SIS08 READING: CHAPTER 2 THE TRIUMPH OF HUMAN RIGHTS

S AFTER THE SECOND WORLD WAR September 19th 2011

This week reading deals with the concept development of human rights particularly after the Second World War and manifested in international laws and conventions that hoped to earn the acknowledgement in all nations as what is respected as universal human rights. However as nice as it may sound, the idea of human rights in the early Twentieth Century did come from Western countries and particularly formed based in their centuries experiences. However, countries such as Asia were less

exposed in this development since most of those countries were under colonization of the European countries or in war (violations of human rights such and such that highlight the history of the world). The colonization period where pillage and destruction as the aftermath under the gold and glory flag did, undeniably the major violation of human

rights,

which

contributed

to

the

successful

advancement

of

certain

countries and the poverty of the others.

For an instance, in a particular situation where a country established a regulation that only acknowledge particular five religion as legal religious practice then considers other as illegal and punished with imprisonment. First of all, this practice of law at the very beginning already made a selective acceptance of particular human rights in the country. Is this

course of action can be considered as undermining the very basic of human rights in having or not having a particular religion? And the fact that acknowledging only few religions is basically imposing a limitation against the freedom of mind, freedom of speech, freedom of expression in their belief either for individuals or collective groups in the country.

Another situation regarding the human rights, in a country where the ideology embraced in the elimination of the division of class in the population, and individual has rights as longs as it also applies on other

people equally, and there is no division the actual treatments against individuals in the practice of the law in that country showed that the individual in fact are treated badly in terms of denying the human rights and claiming that there is a cultural relativity in the concept of human rights. This situation raised the question whether human rights (despite there is universal human rights mentioned in the Universal Declaration of Human Rights) could lay claim in the acceptance of countries all over the world. In addition, if the human rights are suppose to be universal for every human being in this world then it should be accepted as well that not all governments especially countries has the same understanding or have the consensus in this concept of universal human rights.

Also mentioned in the reading the concept of individual rights and collective (group) rights addressing the rights of an association as I mentioned before not all countries and government acknowledge these right and even put regulation to limits the freedom of groups particularly religious groups. Therefore, there should be also some kind of consensus

in the global level where this right has to be addressed not only by supranational institutions and epistemic communities but also manifested in legal obligations by countries in particular, thus individual as well as collective rights are recognized and acknowledged.

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