400195 Human Rights - Human Services and the Law Assignment
Questions:
2. Summarise the established and consolidated human rights of your chosen group analysing the impact to your groups' social conditions.
3. Evaluate the effectiveness of human rights instruments that aim to protect the rights of your chosen group and some of the challenges in its implementation drawing on examples from around the world to support your analysis.
Answers:
Human rights are very critical in determining how people of all genders should live. It is this power that enables people to intermingle, work together and most importantly recognize each other as part and parcel of their lives. Although human rights are responsible for dictating equality among the people in the society, it is evident that some selected groups are still facing perpetration in the hands their leaders, family members and other members of the community. For a long time, there have been reported cases of violence on the minorities, and the suspects emerge to be those superior members of the community. Specifically, the women are the most vulnerable beings to perpetration. It is not once women have been discriminated against regarding leadership employment and worst of it sexual abuse. Women all over the world are treated as the less privileged people due to the notion that they are weak and incapable of entrusted with significant responsibilities. Therefore, by conducting an in-depth analysis of women rights and their vulnerability to violence is bound to yield much understanding of the subject.
According to Blau and Frezzo 2011, 35, at least one woman in every three experiences coercion to sex, beating and lifetime abu
se. Women are treated differently from men due to some cultures and beliefs that tend to support the vice. There are cases of violation of women rights to be elected or occupy various career opportunities irrespective of their academic excellence because they have to sacrifice their bodies for sex to have their demands met. In particular, women rights are violated in custody. Due to the bridge existing between inmates and their guards, it becomes possible for those particular guards to conduct any mischief (Waldron, 1984,106). This is supported by the fact that the prison is viewed as a correction center for wrongdoers who do not appear to have any particular right be it for expression or proper treatment. This enables the prison warden to identify their target during body search consequently raping and assaulting them. Women are also the principal victims while inside the jail since they are coerced into sex for favors such as right extra food, personal hygiene and promise that their punishments will be reduced. The compounding factor towards violence of women in prison is because there is the little collection of audit surveys regarding the condition of inmates and their guards (Barilan, 2012, 14). This gives the police and other perpetrators an opportunity to exploit women to the extent of impregnating, infecting them with sexually transmitted diseases or even killing them to cover the evidence. For instance, the United Nations peacekeeping force in Mozambique and Sierra Leone recorded a high rate of rape cases that went uncovered.
Violation of human rights based on the perceived or actual sexual identity dominates women perpetration. The community has emerged as the key contributor to the violence of women. Ideally, the sexuality of an individual is bound to be regulated by own gender makeup and the environment to which people are exposed. It is true that the society, media, families and institutions punish those women who do not comply with the regulations that guide their sexuality (Orend, 2002, 28). There has been a commotion among various contenders for leadership, and the most susceptible victim of defeat is women. Those likely women who appear to challenge their male counterparts are issued with death threats and jibe that keep them away from reaching their ambitions. Lesbians have emerged to be the most despised outcasts of all generation. They experience abuse from the police, families, community and the state authority. Many cases illuminate the mental and physical torture that lesbians go through such as heavy punishments, sexual abuse, impregnation and attack by the family members which is termed as a way of correcting them to understand and regain their sexual identity(Cassese, 1979,66). For instance the United States of America, lesbians live in fear of being harshly treated by the police. There has been reported the case of lesbians being killed mercilessly by unknown gunmen for no reason. All those violent activities apparently show how women rights are neglected. To understand the inequality between male and females requires someone to comprehend that Gays is practiced and allowed in the USA and no punitive action is taken against the members.
According to Jackson, 1992,315, removal of external female genitalia possibly called female genital mutilation (FGM) continues to thrive. The process is carried by distinct communities in an attempt to bring down cases of pregnancy and maintenance of hygiene. The reality of FGM is that after the removal of external genitalia, stitching is carried out leaving a small opening for menstruation and intercourse (Dewar, 2000, 65). This practice is widely practiced in some African which claims about one hundred and thirty-five million victims. These women end up landing on dire consequences such as HIV infection and sterility. To add on that, the victims become emotionally unstable because it is certain practice as dictated by the members of the community. Despite the fact that FGM is illegal in countries where it is practiced, governments have not yet established accurate methods for curbing the vice thereby enhancing continuity of the practice.
There is a problem of impunity as the offenders are rarely punished for their actions. Women are seen to have little concern regarding physical and mental torture that they undergo because even the relevant authority seems to practice discriminatory practices (Stanov?i?, 1992, 360). In several instances, women prefer not to report cases of violence to the society and police because of the fear that they will be ashamed and excluded by people who are quick to throw blame on the victims in connection with the abuse they have suffered. The moment women stage their grievances to the court of law, it becomes hectic to achieve justice owing to the reason that the violence for females has embedded in courts to the extent of accepting the vice as a part of life (Ishay, 1999, 25). Some societies still promote the violation of women rights whereby young girls are engaged in forced marriages. Others are killed by what is called acid burning. This activity entails burning the faces of brides who fail to meet the requirements of marriage agreements. Others are punished if they are suspected to have been involved in sexual relations which are against the norms of their society. This act is unfathomable and should not be allowed. The state and other stakeholder are blamed for permitting the sale of acid to the unauthorized parties thus indirectly supporting the act (Drzewicki, 2001, 100). There have been movements that were attempting to address the cries of women. November 2014, marked the international day against gender-based violence. It linked both NGOs and governments to harmonize effort and fight for women rights. This sixteen-day movement saw many victims from all over the world stage their protest. In Africa Botswana and South Africa took part to ensure women are accorded their right as expected.
There are established rights regarding protection of human lights so as to achieve stable social life. The right to education enables women to understand themselves thus gaining confidence to challenge weird and unacceptable practices (Marshall, 1950, 28). For example, victims of FGM are not educated, and their society does not regard education as the key to success but expose their children to marriages and nomadic life. The freedom of expression allows women to question any activity that seems unacceptable. This promotes social living among the people, and the perpetrators are believed to end their torturing activities due to the presence of well-informed ladies.
Human rights instruments have gained little effectiveness hence enabling the offenders to carry on with violent acts. The member states of the United Nations in 1967 declared that violence against women should be abolished more so those cultural practices that are discriminatory against women (Mechlem, 2009, 80). It has become a nightmare to implement such a proposal due to the weaknesses arising from the state. For instance, it is illegal to exercise FGM in Kenya, yet the state does little to make follow-ups on the practice. The practice is still ongoing. The article 2 of the convention on children rights prohibits sexual discrimination. There is the challenge for this act to gain much attention because the oppressors are guaranteed freedom provided they have money at their disposal. The article 2 of the organization of African unity prohibits any form discrimination and allows enjoyment of human rights equally among members of the society (Stanov?i?, 1992, 359). Still, in Kenya, a famous gynecologist was engaged in the rape case which was recorded on a video tape. After a long day protest to have this rapist jailed, he was arrested. Due to political affiliations, he was released. This clearly shows how hard it is to exercise the human right entirely. In short, the challenges of using equality among the people and particularly for women sake are tied alongside the leadership grounds. This is to mean that for women to realize full enjoyment of their rights, the governments have to tighten their grips on those rights.
Conclusively, it is true that women are the primary victim of violence. It is very painful to learn that the acts of violence can prevail due to inactive nature of the state and other stakeholders. To add on that, corruption has increased enabling the perpetrators to enjoy every sort of freedom in exchange for money. Briefly, women contribute largely to the development of every nation. Therefore, their rights should be respected at all time.
References
Barilan, Y.M., 2012. Human dignity, human rights, and responsibility: The new language of global bioethics and biolaw. Mit Press.11-21
Blau, J. and Frezzo, M., 2011. Sociology and human rights: a bill of rights for the twenty-first century. Sage Publications.33-41
Cassese, A. ed., 1979. Un Law, Fundamental Rights: Two Topics in International Law. Martinus Nijhoff Publishers. 55-66
Dewar, J., 2000. Family law and its discontents. International Journal of Law, Policy and the Family, 14(1), pp.59-85.
Drzewicki, K., 2001. The right to work and rights in work. Economic, Social and Cultural Rights. La Haya: Kluwer Law International.98-101
Ishay, M., 1999. History of Human Rights.22-31
Jackson, J.H., 1992. Status of treaties in domestic legal systems: a policy analysis. The american journal of international law, 86(2), pp.310-340.
Marshall, T.H., 1950. Citizenship and social class (Vol. 11, pp. 28-29). Cambridge.
Mechlem, K., 2009. Treaty bodies and the interpretation of human rights.77-83
Orend, B., 2002. Human rights: Concept and context. Broadview Press.26-29
Stanov?i?, V., 1992. Problems and options in institutionalizing ethnic relations. International Political Science Review, 13(4), pp.359-379.
Waldron, J., 1984. Theories of rights.102-113
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