Current Universal Human Rights Problems
Introduction
The present work shows an academic analysis of human rights, specifically from the universality of these. For this, this document is divided into four parts: in a first one, an approximation of the subject is made; In a second, one of the theories of the universality of human rights is developed, which is based on the construction of international protection organizations, in addition an analysis of how this applies, in countries such as Ecuador; In a third part, an analysis of other theories that support the universality of human rights is carried out, it is there that authors such as Pérez Nuño will be cited, to have more academic support, finally, conclusions are proposed.
Developing
Through the times, there have been several mechanisms with which they have tried to control the abuse of power, one of these, was the proposal of a new State model – the rule of law -.
This new model, which proposed to the law as the most appropriate mechanism to control for the ruler, eliminated the absolutist state, since it presented limits to the exercise of power. Although, until then, the only limits were proposed by the ruler himself, and respect for human rights were enshrined at the will of it, in the rule of law, the law formulated a control system so that the human rights of citizens are not invaded.
In this context, as stated by Antonio Peña, the rule of law “marks a key point in the evolution of the relations between power and law, because with it, it is settled, with a degree of high rigor, the submission of power to power to Law ”(1997, p. 41), that is, the ruler was no longer the one who maintained that absolute power, but that it was subject to the right.
However, the right rule proposes "the elimination of arbitrariness in the field of state activity that affects citizens" (Zagrebelsky, 2016, p. 22), which led to the recognition of human rights. Undoubted.
Many authors do not recognize the Constitutional State, since they indicate that the Constitutional State is a rule of law, in which the Constitution has a special power; In this context, this work does not seek to carry out a debate about the different ideas regarding the issue, but if it seeks to identify the Constitution as an important tool in the guarantee of human rights.
So, this aspiration that at some point could have been considered individual – since even a universal system protection of human rights was not constructed – change of cause to an international level.
From 1945 "Human Rights experienced a progressive and irreversible internationalization process […] This internationalization process will result in the expression of all human rights proclaimed in international treaties of a universal nature" (International University of La Rioja, 2019 , p. 4), Thus, an idea of the universalization of human rights based on the normative documents that were emanating from a universal system that belongs to the United Nations Organization (UN) (UN) is raised.
It should be clarified that the Universal Human Rights System (South), is not the only and the African system. As can be seen, this has proposed – as the text is stated by the subject "current problems of human rights" – that the protection of human rights is not only a competence of each State, but an international concern.[Footnoteref: 1] [1: One of the documents that have the greatest relevance in human rights, is the Universal Declaration; This document that was adopted by the United Nations General Assembly on December 10, 1948, shows the international concern that exists about the protection of human rights; Thus, in his preamble he subscribes: “Considering that ignorance and contempt for human rights have caused ultra -raising barbarism for humanity consciousness; And that has been proclaimed, as the highest aspiration of man, the advent of a world in which human beings, freed from fear and misery, enjoy freedom of word and freedom of beliefs, ”(UN, 1948).]
This concern has resulted in the development of several norms that are part of South Economic, social and cultural (PIDESC), the International Covenant on Civil and Political Rights (PIDCP) and its optional protocols, Convention on the Elimination of all forms of discrimination against women and their optional protocol, Convention against torture and other deals or cruel, inhuman or degrading penalties, among others.
These norms have given way to other mechanisms such as the formation of committees that are responsible for verification of compliance with the obligations acquired with the subscription of the pacts and agreements. In addition, other specific actions are derived from these documents such as the reception of complaints and investigations.
With this background, it could be understood that there has been an advance without setbacks in the guarantee of human rights, but it is not the main problem that arises in this context is the obligation that states have to comply with these norms.
In that context, there are countries such as the Ecuadorian case, which has signed and ratified the majority of international human rights treaties, in addition, it has proposed a state model, [Footnoteref: 2] which formulates the direct recognition of international standards of international standards Human Rights, hence article 417 of the current Constitution provides that: “International treaties ratified by Ecuador will be subject to the provisions of the Constitution. In the case of treaties and other international human rights instruments, the pro -human principles will be applied, of non -restriction of rights, direct applicability and open clause established in the Constitution.”(Ecuador, 2008); As can be seen, international treaties and other human rights instruments have special interest in the formation of the State. [2: Article 1 of the Constitution of Ecuador establishes that: "Ecuador is a constitutional state of rights and justice, social, democratic, sovereign […]", with which, it is proposed that the rights be on common norms. ]
But, there are countries that have not signed and much less ratified international human rights treaties, which to some extent worries the international community. Also, there are many rights that have not been taken into consideration by international human rights treaties. For this, organizations such as the Inter -American Court of Human Rights (HDI Court), has generated a strategy, which is based on jurisprudence. The IDH Court, has recognized through its jurisprudence, rights that are not necessarily protected in the American Human Rights Convention – it is the direction that regulates the protection of human rights in that regional system – as is the case of the right to health ; For this, the Inter -American Court has supported a progressive legal hermeneutics, capas including new rights in its catalog.
Then, the universality of human rights can be considered by the internationalization that these rights have had and the construction of universal and regional protection mechanisms; But, it is not the only one of the theories that has been built in the middle.
For example, several authors consider that universality is a characteristic of human rights; Deepening the subject a little more, authors such as Kant, propose the philosophical analysis of the person, so “points out that what reason reveals as basic informing features of the human genre, what allows all men to be considered as members of a members of a members of a members of a members of a members of a great ideal family, is society. That society manifests itself in each person as a rational tendency towards cosmopolitanism ”(Luño, 2007, p. 98), with what – as Antonio Pérez Luño affirms it – universality follows from the genesis of human rights itself, and because not saying it, of the genesis of the human being itself.
With those background, although a proposal for universalization of human rights can be built through these theories, this does not exclude or subtract interest to the fact that states must recognize in their internal systems human rights, through their constitutions.
Although, this recognition can be given by the same obligation of international treaties through the adaptation principle, the action of states such as the case of Bolivia, which recognizes rights that without the need to be contemplated in standards International Human Rights, are written in their constitution, as is the case with the right to nature.
conclusion
In conclusion, “current debates about universality cannot be considered sterile or idle. Thanks to them, their meaning and the full orbital of its relevance to the concept of human rights can be better perceived ”, that is why, a more philosophical construction can be maintained as is the case of Kant, or more internationalist as This is the case of other authors, the important thing is to recognize the importance of human rights universality.
That is why, the universality of human rights can be built from several perspectives, but neither can the obligation that states against human rights have: on the one hand, when they have signed and ratified international norms, and, through the constitutionalization of human rights. In that context, it is necessary to remember the importance of complying with the obligations acquired by the states in the international arena; and, in the recognition and adaptation of its norms to effectively guarantee human rights.
Bibliography
- Ecuador. (2008). Constitution of the Republic of Ecuador. Montecristi.
- Luño, a. P. (2007). The Universality of Human Rights. Law and social change, 95-110.
- UN. (1948). Universal Declaration of Human Rights. Washington: UN.
- Peña, a. (1997). The guarantee in the Constitutional State of Law. Valladolid: Trotta.
- International University of La Rioja. (2019). The internationalization of human rights . In current human rights problems.
- Zagrebelsky, g. (2016). Ductile law. Madrid: Trotta.
Leave feedback