Human Rights International Law - Free Essay Example

Sample details Pages: 3 Words: 1034 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? Are there some human rights that are more fundamental than others? Fundamental rights, Fundamental freedoms, Human rights and fundamental freedoms are buzzwords in contemporary international law. Regardless of the widespread usage of these ideas both in academic environment and in daily life, controversial debates, whether there are rights more fundamental than others, are still actual. World War II and the establishment of UN have been a statutory landmark in the history of human rights. The Classical period of international law was recognizing the supreme authority of the sovereign, subordinating the rights of individuals to the will of sovereign. The rights of medieval sovereign are clearly defined in Leviathan by Tomas Hobbes. According to the Chapter XVIII (Of the Rights of Sovereigns by Institution) since the subjects are the authors of sovereigns actions It follows that whatsoever he doth, can be no injury to any of his subjects; nor ought he to be by any of them accused of injustice.  [1]  Meanwhile the adoption and proclamation of UN Charter (1945), The Universal Declaration of Human Rights (1948), International Covenant on Civil and Political Rights and International Covenant on Social, Cultural and Economic Rights (both adopted in 1966) were major progress towards the international protection of human rights. Later, besides the universal mechanisms of human rights protection, regional instruments were developed such as the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950). The purpose of the essay is to examine the debate over the existence of fundamental and non-fundamental human rights. The question is observed through two controversial approaches that are equality and hierarchy of human rights. The equality of all human rights supposes that all human rights are equally important, as it is reinforced in UN official doctrines. The UDHR which was adopted by UN General Assembly o n December 10, 1948, proclaims that there is no separation between different rights. Besides, as it is reinforced in the Article 5 of the Vienna Declaration and Programme of Action, World Conference on Human Rights All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis.  [2] From this point of view all human rights are considered to be equal, and there is not supposed to be any hierarchy between different rights. The opposite standpoint argues for the existence of hierarchy of human rights noting that there are fundamental rights and thus making classification in the field of human rights. The bright evidence of abovementioned viewpoint is the frequently used notion of fundamental or basic human rights. The Article 4 of the International Covenant on Civil and Political Rights, adopted on 16 December 1966, define s that In time of public emergency which threatens the life of the nationÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¦ the State Parties to the present Covenant may take measures, derogating from their obligations under the present CovenantÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¦ inconsistent with their other obligations under international law.  [3]  Though the second provision of this article defines that nevertheless there are some cases, when no derogation may be made under this provision(articles 6, 7, 8, 11, 15, 16 and 18), e.g. no one shall be arbitrary deprived of his life, subjected to torture, held in slavery, held guilty of any criminal offence on account of any act or ommision which did not constitute a criminal offence, under national or international law, at the time when it was committed, everyone shall have the right to recognition everywhere as a person before the law, everyone shall have right to freedom of though, conscience and religion. Another argument provides the third art icle of Geneva Convention (III) relative to the Treatment of Prisoners of War(12 August 1949), which defines that during the non-international armed conflicts there are some acts which shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons  [4]  (persons, who are not taking active part in the hostilities, including those, who have laid down their arms and those placed hors de combat because of sickness, wounds, detention). In fact, according to the 1949 Geneva Convention murder of all kinds, cruel treatment and torture, taking of hostages, outrages upon personal dignity and many other similar actions are prohibited at any time and in any place. This is a strong argument provided by the Convention that there are fundamental human rights which can be violated by no means. This suggests a unique hierarchy for human rights. The International Court of Justice gave currency to the idea of a hierarchy in the Barcelona Traction Case by suggesting in a famous dictum that basic rights of the human person (droits fundamentaux de la personne humaine) create obligations erga omnes. This dictum was constructed by the International Law Commission(ILC) to mean that there is a number, albeit a small one, of national obligations which, by reason of the importance of their subject-matter for the international community as a whole, are unlike the others-obligations in whose fulfillment all States have a legal interest.  [5]  It means that fundamental rights (jus cogens) create erga omnes obligations. Still the best evidence for the existence of human rights hierarchy is the hierarchical structure of legal systems of a great deal of states. The legal systems of the majority of sovereign states are based on the constitutions, which are considered to be the supreme law of the states. The provisions of the Constitution can be violated by no means, since it reinforces fundamental statements. Even in The Constitution of Republic of Armenia amended in 2005, certain human rights are defined as fundamental. According to the Article 3 of the Constitution everyone possesses certain fundamental rights which should be protected according to the rules of International law and these fundamental rights and freedoms lead to the self-limitation of the state.  [6] So, observing the issue as an individual researcher I support the idea that the existence of some human rights, that are more fundamental than others, is obvious. My position is also based on the Armenian scholar of Legal Studies V. Nersesyants, who is the founder of Libertar Legal Comprehension Theory. It defines the right as a measure of liberty and this measure of liberty is flexible rather than constant. This is another argument for the existence of human rights hierarchy, which I strongly support. Don’t waste time! 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Ansoff Matrix of Apple and Value Chain Essay - 791 Words

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Apple Annual report; September 25, 2010, Onestop, Accessed dt, 05/07/11(28) 22. Mintel-iphone generation-UK- November 2009(57) 23. CNET News 24-05-2011,International 25-05-2011(58) 24. Alpeyev, Pavel, Eki, Yoshinori, Mukai, Anna, Hesseldahl, Arik, iPad Leads Apple to a New Market: The ElderlyBloombergBusinessweek, 00077135, 8/16/2010, BSP(59) 25. Andrew Nuttney, Consumers and the Cloud, 06 October 2010, Datamonitor(60) 26. 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Sickle Cell Plan of Care Free Essays

Then, provide a brief description of the pathologically of sickle cell anemia and complete the nursing care plan by filling in the goals, outcomes, and nursing orders for the diagnoses provided in the table. SITUATION: Lavabo is a 30 year old, single African American who was diagnosed with sickle cell anemia when he was 4 years old. He works for a computer company and has been working 12 hour days to meet the deadline for a special project. We will write a custom essay sample on Sickle Cell Plan of Care or any similar topic only for you Order Now Lavabo is complaining f fatigue and decided to relax by playing golf on a warm Saturday morning. After the seventh hole he experienced odyssey, tingling, and numbness in his legs. After the next hole, he experienced severe pain in his right ankle and knee. He was taken to the local medical center, where he was admitted. Lavabo rates his pain at 8 on a scale of 1-10. The physician ordered oxygen, IV fluids, and a PICA pump with morphine sulfate. Describe the pathologically that occurs in sickle cell anemia (4 points). Sickle cell anemia is the most common form of sickle cell disease which is an inherited, autocross recessive disorder that causes an abnormal hemoglobin cell. The person with this specific disorder inherited hemoglobin S from both parents, also known as homozygous (Lewis, Drinkers, Hitchhiker, Boucher, 2014, up. 644-647). This hemoglobin S results from the substitution of valise for glutamine acid on the B- globing chain of hemoglobin, and this ultimately causes the erythrocyte to stiffen and elongate taking a sickle shape in response to low oxygen levels (Lewis et al. 2014, up. 644-647). Due to the sickle cells elongated shape, and its stiff and sticky consistency it tends to get stuck in capillaries and vessels, and blocks blood flow to limbs and organs (Lewis et al. , 2014, up. 644-647). The major problems with sickle cell anemia is due to their sickles shape, reduced life expectancy and their ability to carry enough hemoglobin or transport it properly to the body to provide adeq uate oxygenation. Therefore a person who has sickle cell anemia has a lower number of red blood cells related to the shortened cell life that dies after only 10-20 days, compared to a normal red blood cell which lives about 120 days (Lewis et al. , 2014, up. 644-647). Bone marrow is unable to keep up with the demand for new red blood cells to replace the dying ones, making a person with sickle cell anemia left in a state of constant inadequate oxygenation (Lewis et al. , 2014, up. 644-647). Occlusion of capillaries and small vessels lead to acute or chronic tissue injury. This leads to further problems related to homeostasis which continues to perpetuate a cycle of local hypoxia, degeneration of more erythrocytes, and more suckling which continue to cause irreversible cell membrane damage (Lewis et al. , 2014, up. 644-647). Unless you’re directly quoting you only need to address the authors once According to Lewis et al. , ASS is xx or write your summary and add to the end of the paragraph (Lewis et al. , 2014 up. 644-647) since all your information is from 1 source. If your quoting directly from the source you need to enclose in † Nursing Diagnoses Pain related to occlusion of small vessel by sickle cells as evidenced by severe pain in art. Knee and ankle. Altered tissue perfusion related to a decreased number of Orb’s and decreased oxygenation as manifested by odyssey, tingling/numbness in ankle and knees. Activity Intolerance related to imbalance between oxygen supply and demand, as manifested by fatigue, odyssey, How to cite Sickle Cell Plan of Care, Papers

The Inevitable Limits Of Campaign Finance Reform Essay Example For Students

The Inevitable Limits Of Campaign Finance Reform Essay Campaign finance issues are complicated in the United States by the fact that the funding sources of the Republican and Democratic parties differ so sharply. As a result, any reforms intended to affect one kind of funding are likely to adversely and disproportionately affect one of the two parties. Furthermore, while most issues on which elected officials decide concern benefits for constituents. Campaign finance reform involves changing an institution that benefits those who make the legislative choices.Today this is an issue of popular debate, which there are many varying proposals and even more varying opinions. The McCain-Feingold and Shays-Meehan bills are the best known and most visible of campaign reform proposals, attempting to restrict the use of money in politics. They argue that in order to restore public confidence, encourage political competition, and reduce the frenetic money chase, the system must be dramatically changed. The main provisions of the bill are a ban on soft money, closer monitoring of independent expenditures, a prohibition on bundling contributions, a raise in individual contribution limits from $1,000 to $2,000 if the other candidate does not abide by spending limits, a ban on use of postal franking privileges for mass mailings by members of Congress seeking re-election and, a ban on contributions from foreign nationals. A second school of thought is to eliminate contribution limits and increase disclosure. In contrast to the McCain-Feingold and Shays-Meehan bills, the proponents of this plan believe that campaigns are under-funded, and that increased spending would help enhance competition and allow candidates to get their messages out, that the funding system needs to be balanced by enhancing the role of individual contributors and that there should be full disclosure of all donations and assurance that they are recorded and made available publicly in a timely fashion. A third theory on campaign finance reform is that of FCC imposed free or reduced-rate broadcast time for candidates. This theory argues that the largest single expense of campaigns is television advertising. Free or reduced rate broadcast time for candidates would eliminate much of the need for raising large amounts of campaign funds. Radio and television airwaves are public property and therefore broadcasters have a responsibility t o provide programming in the public interest. Free or reduced-rate broadcast time fits neatly with the requirements that broadcasters serve the public interest. Because Congress wont act, the Federal Communications Commission should. The fact is that the majority of Americans feel that campaign finance reform is necessary. However, none of the proposed plans is a valid alternative to the system that is in use today. All of todays proposals have a common flaw, an unfair advantage to a single candidate. The McCain-Feingold and Shays-Meehan bills will affect candidates who traditionally rely on soft-money far more than those who traditionally get their money else where, the disclosure plan is unfair to those candidates hailing from poorer areas, and the FCC plan gives incumbents an unfair advantage due to the fact that they are already known. These are by no means the only problems existing in the proposed plans for campaign finance reform but it is one that is shared by them all. Ther e should be no changes made to the current campaigning system until a new system can be devised that will allow for fair balanced competition between candidates based on issues rather than dollars. Bibliography: