Various human Essay Example for Free

Various piece EssayGiven the widespread human rights violations in the institution today, it becomes very important to set up a strategy that would cater to twain the general desire of the entire world as well as specific needs of a particular region. An grand human rights ashes would be one that would take global ideas and try and implement them locally. It should be both idealistic as well as practical. Various human rights systems across the world sacrifice tried and true various permutations and combinations to achieve perfection in the field of redressing human rights violations. The lay Ameri mess system of human rights is one such system which has tried to incorporate as m any good aspects of redressal as possible. However, the state system has its faults like all others. The strong point of the system that gouge be duplicated in any part of the world is the basic conventions on which the system is based, namely, the American Declaration of Rights and Duties of Man and the American multitude of humane Rights. Both these documents provide for all kinds of human rights envisaged in the world and also provide for function to redress in case of any infringement.These documents form the basis of the human rights grievance redressal forum that is to be accomplished by the Government. While setting up a new system in a unknown country this is one aspect that can be duplicated. However, care should be taken to get hold of the new law for that particular region inclusive of the rights that are special to that region. Only then pull up stakes the instrument be as effective as these documents. Another good aspect of the Inter American System of Human Rights is the existence of the Inter American Human Rights Commission and the Inter American Human Rights woo.Both these mechanisms are independent and detach and have different powers and functions. While the Commission receives, analyses and investigates into violations and then gives its recom mendations, the Court tests on the various issues brought before it. Commission is recommendatory in nature while Court is adjudicatory. These two separate mechanisms are necessary so as to ensure that the dual aspect of promotion of awareness and shield of human rights can be achieved with minimal problems and maximum effectiveness.The third collateral and duplicable aspect of the Inter American System of Human Rights is the accompaniment that it does not consider the Human Rights Court to be an appellate Authority over the Domestic Judicial System. This helps maintain integrity of both systems. The Human Rights Court has been established to investigate and adjudicate gross violations of human rights. In case a domestic court has refused to come about due process of law and has caused serious violation of human rights to an individual, then the Human Rights Court can intervene and adjudicate.The order so breatheed by the Court is binding on the parties who have subjected the mselves to the jurisdiction of the Court. The fact that such a mechanism exists can help ensure that the domestic judicial systems do not cause gross violations of human rights. The Human Rights Court performs the role of a watchdog over the surgery of the domestic Courts and law enforcement systems. Like all good things, the Inter American System has its problem areas which, if avoided volition create an ideal system.The first problem area in the Inter American Human Rights system is the need for a State to subject itself to the jurisdiction of the Human Rights Court. This means that if a State has ratified and signed a particular accordance or convention, and the State chooses to violate the rights enshrined in the said treaty or convention, then in such a case, the Human Rights Court has no right to adjudicate but can only advise the Commission and recommend appropriate action to the State in question. This defeats the entire purpose of protection against infringement of human rights.A State is thus given a protective mechanism but without any teeth, which is of no use. Thus in the new system that is to be created, care should be taken to ensure that ratification of a convention or treaty automatically means accepting the jurisdiction of the Court. This helps enforce the rights enshrined and also ensures adequate redressal in case of violation by the State. Also the Commission in the Inter American System has only investigative and recommendatory powers. This is sufficient in most cases but in some areas it is necessary to let the Commission decide for itself on the kosher relief and make it enforceable.The Commission is the first step of the redressal system and after the Commissions recommendations have been ignored, the Court steps in. In some countries, this would mean more expenditure and more delay in attaining justice. Hence where the Commission feels that the problem is of an urgent and grave nature, then powers should be given to the Commissio n to pass orders that are binding and enforceable. Secondly, the Inter American System does not allow for individuals to approach the Court at once in person but only through the State or the Commission. In the new system, we can try allowing individuals to approach the Court directly.A victim can appropriately and more effectively invest forth his case and this would result in a more positive and direct approach on the part of the Court. Commission on the other hand is a third party which is not touch and hence cannot put forth the problem with the same intensity. The above discussion sums up some of the positive and negative aspects of the Inter American System of Human Rights. If the legislators were to keep these points in mind then the resulting system of human rights protection would be a good and effective one.References Abi-Mershed, E. (1994, November/December).Thirty-Five Years Defending Human Rights. Americas (English Edition). Retrieved defect 2, 2007, from Questia da tabase http//www. questia. com/PM. qst? a=od=5000289318 Buergenthal, T. (1982).The Inter-American Court of Human Rights. American Journal of International Law, 76(2), 231-245. Retrieved March 2, 2007, from Questia database http//www. questia. com/PM. qst? a=od=85595942 Pasqualucci, J. M. (2003). The Practice and Procedure of the Inter-American Court of Human Rights. Cambridge, England Cambridge University Press. Retrieved March 2, 2007, from Questia database http//www. questia. com/PM. qst? a=od=107345000.