The Universal Declaration of Human Rights as a Hard Law...

The Universal Declaration of Human Rights is the first global human rights treaty that was formulated. The main driving force behind the formation of the Universal Declaration of Human Rights was the Second World War, which in it course saw some of the worst human atrocities being committed on a global scale. The Declaration was adopted by the United Nations General Assembly on the 10th of December 1948. The term soft law refers to legal instruments which do not have any legally binding force, or whose binding force is somewhat weaker than the binding force of traditional law. These are generally, instruments that are not treaties that oblige the stakeholders to follow them, but they have within them ‘norms’ that are believed to b†¦show more content†¦Although the UDHR in itself does not provide a legal framework for the application of the fundamental rights given in it, these covenants and conventions that were brought about after have provided the necessary provisions for their enforcement. While treaties are actually binding (after ratification by states), soft law instruments are only potentially binding. Soft law is indeed conceived as the beginning of a gradual process in which further steps are needed to make of such agreements binding rules for states. In the inception, with the UDHR being presented as a soft law instrument, and gradually the necessary accords were brought about to make it possible that the Universal Human Rights are enforced with a legal background. Although soft law creates moral or political commitment for states, and in a more indirect and persuasive way, soft law instruments have an influence on states, which is not very different from that of treaties. The acceptance of the UDHR in 1948 had a very wide global effect from that time onward. They were seen by the world as the basic rights that every man is entitled to and the principles were thus included in constitutions of many countries thereafter. This provided the legal footing the UDHR required at national levels, and in the current context, essentially every constitution in the world has amalgamated them in to their own legal system. This in effect has turned theShow MoreRelatedThe International Human Rights Regime Has Its Weaknesses And Flaws1093 Words   |  5 PagesRam Chadha HR Final Exam The question that states that the international human rights regime does not have a hard enforcement mechanism and until there are serious consequences to violations, states won’t comply with human rights is a topic I happen to disagree with. I realize the international human rights regime has its weaknesses and flaws. However, these weaknesses are due to inescapable aspects of our disordered global society, especially the principle of state sovereignty. At the endRead MoreHuman Rights And The United Nations959 Words   |  4 PagesHuman Rights is a conceptual idea that no matter who we are and where we are born every human is entitled to basic rights and freedoms. Human rights are not privileges and cannot be granted or revoked. They are inalienable and universal. The concept is thought provoking but becomes difficult once put into practice. This is because rights and freedoms are defined differently across societies and cultures. Different societies dictate how their peo ple are treated and what their rights are. Key factorsRead MoreHuman Rights Are Rights Innate To Every Single Individual,1268 Words   |  6 PagesHuman rights are rights innate to every single individual, whatever our nationality, where you live, sex, national or ethnic birthplace, color of skin, religion, dialect/language, and many more. We are all similarly qualified for our human rights without segregation. These rights are altogether interrelated, associated and resolute. Widespread human rights are regularly communicated and ensured by law, in the types of treaties, standard global law, general standards and different wellsprings of internationalRead MoreDifferences Between Human And Regimes And Regional Human Rights1547 Words   |  7 PagesBenjamin Thompkins Political Science 3346 Professor Tiede 10/28/15 What are the differences between global human rights’ regimes and regional human rights’ regimes? Include one example of a regional human rights’ regime (write at least 1 page double spaced)(5 points) The most notable example of a global human rights regime is the United Nations, and an example of regional human rights would be the OAS ( Organization of American States). Both entities have focuses that are quite similar andRead MoreEssay on Human Rights, War and Terrorism1226 Words   |  5 PagesHuman Rights, War and Terrorism After every war come the peace talks; after millions of people had been killed. After the terrorist attacks comes the investigation, reason, or counter-terrorism; after lives had been wasted. There is time for the nations of the world to come together to understand one another in order to avoid war and terrorism and that time is now. War is as old as man. It is a reign of terror when people are always on the run, always hungry, alwaysRead More Against the Death Penalty Essay1533 Words   |  7 PagesPenalty Human rights are fundamental rights which every human being is entitled to just because they are human. The death penalty is the ultimate, irreversible denial of human rights. It is the cold blooded killing of a human being in the name of ‘justice’. In 1948, the United Nations adopted the Universal Declaration of Human Rights; in Articles 3 and 5 it states that â€Å"no one shall be subjected to cruel or degrading punishment and everyone has the right to life andRead MoreHuman Rights And Environment Law At Crossroads Essay4440 Words   |  18 PagesThe Human Right to a Healthy Environment Dr. Preeti Pandey (Author) Asstt. Professor Amity University, Noida Ph:08527237666 preeti.1234pandey@yahoo.com Ms. Mahima Chauhan (Co-Author) Consultant Ph: 09811927253 mahimachauhan@gmail.com HUMAN RIGHTS AND ENVIRONMENT LAW AT CROSSROADS The relationship between human rights and environmental protection in international law is not straightforward. It has seen various ups and downs and reached the present state of development. Human rights have been aRead MoreThe Concept Of Common Heritage Of Mankind1642 Words   |  7 PagesQuestion a INTRODUCTION In this legal brief, I argue that the concept of Common Heritage of Mankind (CHM) does represent a rule of customary international law (CIL) which would apply to commercial space activities. In determining the relationship between CHM and CIL, I investigate how the concept of CHM is connected with and reflected in the rule of CIL. Specifically, I examine how it would regulate celestial resource mining. DEFINING CHM Notwithstanding that it is controversial to determine theRead MoreThe Concept Of Common Heritage Of Mankind1658 Words   |  7 PagesQUESTION a) INTRODUCTION In this legal brief, I argue that the concept of Common Heritage of Mankind (CHM) does represent a rule of customary international law (CIL) which would apply to commercial space activities. In determining the relationship between CHM and CIL, I investigate how the concept of CHM is connected with and reflected in the rule of CIL. Specifically, I examine how it would regulate celestial resource mining. DEFINING CHM Notwithstanding that it is controversial to determineRead MoreImplementation Of International Human Rights Treaties1917 Words   |  8 Pagesinternational law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation, although 17 years later at 1986 Convention in Vienna also, the definition of treaty was extended in a sense so it could incorporate the international organizations as probable parties in the execution of the treaties. We can say that the main object of a treaty, since it is a contract, is to legally-bind the parties, this means, to create reciprocal rights and duties