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Violation of Human Rights Essay Example

Violation of Human Rights

Consideration of the non-derogable rights is relevant because it dictates human rights that should not be violated. They include rights such as; the right of life and the right protecting citizens from harsh treatment.The extent to which a government declares a state of emergency in an attempt to maintain order is normally stated in the derogation clauses, which ensure that states of emergency do not result to the creation of legal vacuums, which result to the violation of human rights5. This is relevant because derogation ensures that human rights are protected and national needs are also protected in times of crisis. Therefore, it ensures that human rights are not violated. Derogation also dictates the extent to which the declaration of a state of emergency by the government can enhance the maintenance order without violating human rights by; ensuring reasonable limits are placed on emergency powers6.An example illustrating an instance where rights and freedoms may be suspended when a state of emergency is declared by a nation is evident in the suspension of the freedom of movement, which is allowed in the international human rights treaty. However, non-derogable rights should not normally be suspended. The non-derogable rights include; the right to life, right to freedom from harsh treatment such as slavery, servitude and degrading treatment. These rights normally dictate the extent to which a government should ensure that the state of emergency does not result to the violation of human rights. Despite these rights being non-derogable, they are normally violated in most emergency situations; hence, it is essential that judicial systems exercise their power in such instances to ensure legal protection of human rights7.Another example illustrating the extent to which a government can call for a state of emergency in an attempt to maintain order, without violating human right is when the public emergency threatens the life of the nation. Such situations have been dealt with through the examination of proportionality during the declaration of a state of emergency to ensure human rights are not violated. This is relevant as it ensures the scrutiny of justification measures taken by a government in response to an emergency, rather than abstract evaluation of a situation, which in turn may results to the violation of human rights8.The philosophical approaches on human rights are normally based

preview essay on Violation of Human Rights
  • Pages: 2 (500 words)
  • Document Type: Dissertation
  • Subject: Law
  • Level: Undergraduate
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