Academic Master

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Human Right Claims

Q1)

The rules that have been according to the charter are included in the article 1(a), article, 6, article 7, article 8, article 13(a), article 17 and article 26[1]. In all these articles, the protestors have the right to express their opinions and protest against a regime that is corrupt and unable to keep their citizens happy. These articles include that citizens are not to be arrested without the due procedure of law and the punishments are not to be given without a trial. The privacy of the people have been breached and they have been tortured by the authorities. The rules in the articles clearly state that people should not be tortured in any way. These rules are also stipulated in the International laws[2].

Q2)

In the year of 1994, the Arab Charter on Human Rights was made[3]. The Iranian authorities have made an abuse of their power. The rights of the protesters have been abridged. One of the most egregious crimes committed by the authorities is the killing of the protestors. It is in the article number 5, which states that every single person who is living in an Arab country has the right to life. It is also under international law that people’s lives are to be protected.[4] This right cannot be taken away under any circumstances, except when the trial in the court has proved that the person had committed an egregious act. The proofs must be beyond any reasonable doubt. Under any other circumstances, taking a life of a person is an abominable act, and the perpetrators should not be allowed to roam freely. The Iranian authorities have killed people including a child, which has been reported[5]. This egregious act is a blatant travesty of law and justice. The protestors and the Kurds have been wrongfully treated by the police forces of the land. They have been arrested without a due procedure, and then there house had been searched without any warrant. . The second human right that have been trespassed and invaded abominably by the authorities is stated in the section ‘a’ of the article 13, in the part 2. There has been clearly stated in the charter that it is incumbent upon the parties of the State that they will provide protection to their citizens from kind of torture, mentally or physically. There is a punishment for those who have breached this right of the public. There should be a proper way to go about this process. People have the right to appear before the judge and present their case. There should be no punishment or torture. The protestors have been arrested, put in cells and then the treatment they received in the jail was atrocious. The prisoners are allowed to be treated with respect. It is on the responsibility of the prisoners to cook food for the police officers and clean up their places. The charter has clearly mentioned it in the article number 17, that the privacy of every single individual shall never be dishonored. The breach of privacy is also considered to be a grave crime. People have been given a right to privacy, and this should not be violated. There must be an official warrant for the search of any property. The police forces have ransacked the houses and properties of the people after arresting them. The article gives the people rights to have a privacy of their home and family.

This is also an infringement of international laws. The laws state the privacy of a person is the fundamental right[6]. Another infringements of law is of the article 1(a), in Part 1, where it is clearly stated that the public have the right to choose the kind of social, cultural and economic structure they want to have and the development of these structures. The protests and the Kurds have the right to choose their own government and the type of developments they want to see. I believe the authorities are refraining people to speak their opinions and if they want to change the government or even criticize them, they have the right. The political and cultural aspects have been deteriorating, and that is the reason the protestors have come out. This is another breach of law that the police authorities have made. The other infringement of law committed by the authorities of Iran is the article number 26, which gives the people freedom of to express their thoughts and beliefs. They have a right to express their opinions. The protestors were not happy with the administration and the political environment of the country. The government has been accused of corruption and people have raised their voices against it. The authorities are trying to subdue their power of voice by holding batons in their hands and beating the people who raises their voice. The other breach of laws are of the article 6, article 7 and article 8. The article number 6 states that the people are not to be subjected to punishment unless it is ordered the law. The law does not state that people protesting, against a corrupt regime and the government who did not fulfill their promises to the people, shall be subjected to killing in the streets. Similarly article seven also states that a person must be thought as an innocent person before any trial and there should be no assumption that he or she has committed a crime unless it has been proven by the law beyond a reasonable doubt. The protestors were never given a chance to stand before the court and present their point of view. They were apprehended and tortured by the police force.

Q3)

  1. If the protestors cannot enforce their rights in their own country, then they should take matters to an International body. These International bodies may include Office of the United Nations High Commissioner for Human Rights[7]. It is abbreviated as OHCHR. This organization is an agency of United Nations which works to ensure that human rights all over the world are protected and practised. They strive to uphold the rights that are provided by the International law to the common people. I would advise the protestors that they need to take their matter to OHCHR in order to ensure their rights are not to be breached the government authorities. I would advise the protestors another International body that I believe will take their case as well. It is the International Commission of Jurists, abbreviated as ICJ. This is another international organization which is a non-governmental body, and it also ensures that the people are not treated badly and that the rights of every individual have not been breached. They strive to protect the human rights[8].
  2. These International bodies are very effective in their work. International Commission of Jurists has been working for the past 50 years in upholding the rights of innocent people. Their offices are expanded over Europe, Africa, Asia and the Middle East. The major domains of their works are to protect and uphold the human rights of women, rule of law and social, cultural and economic rights. This organization strive to promote the rights of people, whether it is at the domestic level or at an International level. They do not discriminate. The Office of the United Nations High Commissioner for Human Right (OHCHR) is another international organization which strive to protect and promote the rights of human beings. They are a part of United Nations[9]. They strive to protect the rules and laws which are stated in the international law[10]. This organization is very much the part of the promotion of the human and civil rights. When there is a breach of human rights, this organization is one of the first to respond to any egregious breach of rights. They are responsible for providing the education and spreading of the information regarding human rights.

Bibliography

Al-Madani, Mohammed Amin, Mathilde Cabanettes, and Susan M. Akram. “Arab Charter on Human Rights 2004.” Boston University International Law Journal 24, no. 2 (2006): 147.

“Arab-Charter-on-Human-Rights.Pdf.” Accessed March 24, 2018. http://www.humanrights.se/wp-content/uploads/2012/01/Arab-Charter-on-Human-Rights.pdf.

BRANCH, TASMANIAN. “International Commission of Jurists,” 2008.

Conforti, Benedetto, and Carlo Focarelli. The Law and Practice of the United Nations. Brill, 2016.

Dinstein, Yoram. The Conduct of Hostilities under the Law of International Armed Conflict. Cambridge University Press, 2016.

Forsythe, David P. Human Rights in International Relations. Cambridge University Press, 2017.

Lubin, Asaf. “A Principled Defence of the International Human Right to Privacy: A Response to Frédéric Sourgens,” 2017.

Organization, World Health. “Office of the United Nations High Commissioner for Human Rights.” The Right to Health. Fact Sheet No 31 (2008).

Sieghart, Paul. The International Law of Human Rights. Oxford University Press, 1983.

“UNPO: Iranian Kurdistan: Execution of Kurdish Citizens.” Accessed March 24, 2018. http://unpo.org/article/20664.

  1. “Arab-Charter-on-Human-Rights.Pdf,” accessed March 24, 2018, http://www.humanrights.se/wp-content/uploads/2012/01/Arab-Charter-on-Human-Rights.pdf.
  2. David P. Forsythe, Human Rights in International Relations (Cambridge University Press, 2017).
  3. Mohammed Amin Al-Midani, Mathilde Cabanettes, and Susan M. Akram, “Arab Charter on Human Rights 2004,” Boston University International Law Journal 24, no. 2 (2006): 147.
  4. Yoram Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict (Cambridge University Press, 2016).
  5. “UNPO: Iranian Kurdistan: Execution of Kurdish Citizens,” accessed March 24, 2018, http://unpo.org/article/20664.
  6. Asaf Lubin, “A Principled Defence of the International Human Right to Privacy: A Response to Frédéric Sourgens,” 2017.
  7. World Health Organization, “Office of the United Nations High Commissioner for Human Rights,” The Right to Health. Fact Sheet No 31 (2008).
  8. TASMANIAN BRANCH, “International Commission of Jurists,” 2008.
  9. Benedetto Conforti and Carlo Focarelli, The Law and Practice of the United Nations (Brill, 2016).
  10. Paul Sieghart, The International Law of Human Rights (Oxford University Press, 1983).

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