How to Guarantee Human rights?

How to Guarantee  Human rights?

Decades have passed since the adoption of the Universal Declaration of Human Rights. Subsequently, the International Covenants and other conventions such as The United Nations Convention on the Rights of the Child and The Convention on the Elimination of All Forms of Discrimination against Women were approved. Despite what has been said, we still see discrimination and human rights violations by governments, even in democratic countries, every day. This leads us to think about the problem.

What is the problem? Why, after all these years, even in democratic countries, human rights are not adequately respected? The answer to the problem should be sought in the internal guarantees of human rights.

In the constitution, the structure of government must be designed in such a way as to provide sufficient guarantees for the enjoyment of human rights. Experience has shown that the traditional separation of powers idea, although necessary for this purpose, is not enough.

In this regard, different guaranties should be provided for each category of rights. The necessary steps to guarantee civil and political rights can be different from the guarantees required for economic, social and cultural rights. Of course, some solutions are common to both categories of rights.

1- Common guarantees

a) basic guarantees

These guarantees are related to the constitution and the structure of the government. In the constitution, all rights and freedoms, including individual and collective, must be recognized; in the constitution, the decentralized power structure must be foreseen; the checks and balances between the forces should be carefully established; the authorities must be accountable. Also, the continuation of basic guarantees should be foreseen in each of the three branches of executive, legislative and judicial affairs.

b) Criminal guarantees

Criminal guarantees and Compensation can be anticipated to prevent violations of all generations of human rights. Of course, resorting to this guarantee requires very careful attention because the unconstrained intervention of the state should not be expanded.

2- Specific guarantees

If the above-mentioned guarantees are foreseen, one can hope that civil and political rights are guaranteed. But economic, social and cultural rights also require additional guarantees. Enjoyment of many of these rights needs financial resources and development. 

Good governance is a must in order to enjoy these rights. This should be taken very seriously. Without good governance, we will be caught in a vicious circle of permanent human rights abuses.  The effectiveness of government, transparency, and fight against corruption is essential for economic, social and cultural rights.

Regulation is a major matter which requires sufficient expertise. Those who are policymakers on resource allocation and those who manage the resources must act in a transparent environment and must be accountable. If their policies fail, can they be placed in front of the war cannon?   Even if we do, the issue will not be resolved. Good governance seems to be an evolutionary project that always enhances the enjoyment of human rights and the quality of democracy. It is an evolutionary cycle for guaranteeing human rights.

by Hormoz Yazdani Zunuz

NAA Law Firm

 

 

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About Hormoz Yazdani Zunuz

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