Authors: Lisbeth Aroca and María Sol Tello

THE KNOWLEDGE OF THE AVERAGE CITIZEN IN ECUADOR REGARDING HUMAN RIGHTS

We elaborate an inquiry to obtain any information about the knowledge of the average citizens in Ecuador regarding human rights; we do that like a class exercise in that in any case this data shows absolute results. According with the inquiries that we realized to sixty persons in different parts of Quito like the south of Quito, the Valle de los Chillos and Cumbaya; with the information of those inquiries we analyze the knowledge of human rights with persons of the age from 12 to 65 years.

 

In the topic of human rights it was interesting to know that the majority has a sufficient knowledge on them and that at least in our analysis there was no any person who did not know about them, but also it is necessary to do some type of advertising in order to have more knowledge about human rights because there are persons who does not know very much about this important topic.

When we talk about the human rights in Ecuador, the response was surprising for us because 49 persons of the 60 assured that in our country the human rights are respected but when we ask them how much information they know of the Declaration of the Human rights, 35 persons had not done it so the response of which they knew about their rights and obligations was more or less.

Finally, the majority of persons assure that in the labor field is where more violation of the human rights is. That demonstrates that in Ecuador the labor law always or maybe sometimes is violated by the employers. Everybody has to demand their rights because they are the unique persons that can denounce the abuse of their rights. This case must be a commitment between State and citizens, just in this way the human rights could be respected. With this data you can use to see that Ecuadorian citizens do not have the enough knowledge about human rights for this reason many times their rights are violated.

We know that this data do not have the enough statistics because we did this inquiry only in three parts of Quito; that do not bring the information about the knowledge of human rights of all citizens of Ecuador, just we have data about a little part of Quito. 

 

In you want to see our results you could see this document: Inquiries Results

 

 

 

 

Author: Cristina Rossi

The effectiveness perceived by citizens regarding the Inter-American and European System of Human rights

In my opinion compare the two regional courts jurisprudence is a complicated task. Regional courts assume the difficult work of unifying basic principles of human rights for people of different Nations, cultures and languages. Southern and Western Europe and North America supported a different cultural and political history as well as current geopolitical considerations that greatly affect the context of the process of making decisions of each of the courts.

For people, a topic of great relevance for example, is in terms of sexual discrimination that defends both the Inter-American Commission on human rights and the European Court of human rights. Although the nature of the system creates the sensation that both cases appear from specific conflicts between individuals or entities, if one examines the jurisprudence as a whole, both at national and international level of sexual discrimination cases reveal endemic inequalities in gender affecting all areas of women's lives: marital and family relationships, Economic and employment opportunities, participation in political life, as well as their health and reproductive rights, just to mention some.

However, we can lead to a progressive interpretation of the procedural mechanisms, as it is the jurisdiction, to ensure wide access to the system for individuals and a large scope of the interpretative powers of the Court. If we consider the jurisprudence as a whole, the Inter-American Commission seems to use each case as an opportunity to set strong precedents that improve standards of human rights, while the European Court pa prays reluctant to take on that task. Finally I think that the ability of NGOs to actively commit to the Court and the Commission through public interest litigation remains crucial to the continuous improvement of international human rights standards.

Then carefully study the matter I came to the conclusion that there is a degree of knowledge regarding all the different rights and its violations, this it could note, for example, when we find new violations that infringe the rights of children and that until a few decades ago did not exist magnitudes as the now. Aside, racism is the center of all violations that if we analyze the relationship between violations of human rights we will obtain that terrorism is generally produced by racial, political and ethnic differences. Meanwhile, apartheid and violations to women and the indigenous begin from racist discrimination.

Then, after analyzing this work, I think that it would be very useful that campaigns for the knowledge of these two organisms are undertaken since it is necessary to gradually begin a massive process of consciousness to end chaos and form a homogeneous world in which all live as brothers.

Bibliography:

http://www.americanbar.org/publications/criminal_justice_section_archive/crimjust_standards_treatmentprisoners.html

http://ejil.oxfordjournals.org/content/21/3/585.full

 

Author: Gabriela Rosas

THE CREATION OF UNASUR COMMISSION ON HUMAN RIGHT 

Concerning the Inter-American system of human rights in the exercise of its sovereignty and in the framework of the Organization of American States (OAS), adopted a number of international instruments which have become the basis of a regional promotion and protection of the human rights system, identified as the Inter-American system of human rights. That system recognizes and defines these rights and lays down obligations aimed at their promotion and protection, and creates bodies intended to ensure its observance.

As well as the European system of human rights which aims to protect the human rights and fundamental freedoms of persons under the jurisdiction of the Member States, and allows a control Court of respect for individual rights; that was inspired specifically in the Universal Declaration of human rights proclaimed by the UN General Assembly the 10 December of 1948.

The European Union and the European System of protection of human rights demonstrate that both organizations can coexist because both follow the objective to protect, defend and respect human rights. With this is more easy to compare that system with the OAS and UNASUR, those organizations can not to be join because OAS respect the security, the public order, the rule of law, of all the American region; UNASUR want the economic, social and cultural union of South America. If both follow the same objective like respect of human rights; those organization could coexist and form and form a better system to protect human rights.

If America want a better system, the organizations like OAS has to carry put all of its objectives and principles also this job has to do by UNASUR; with this the organization could be more efficient and the international system can not to create another organization because the others do not work. Only in that way we can think in the creation of UNASUR Commission of human rights. 

Bibliography:

http://www.eluniverso.com/2012/06/01/1/1355/ecuador-plantea-unasur-un-nuevo-ente-derechos-humanos.html

http://www.hum.leiden.edu/history/eu-history

http://www.aallnet.org/main-menu/Publications/llj/LLJ-Archives/Vol-102/publljv102n04/2010-31.pdf

Author: Michelle Cordero

THE CITIZEN´S KNOWLEDGE OF HUMAN RIGHTS IN AMERICA AND IN EUROPE

 

United States passes through, one of the worst moments of their life in respecting  the basic principles restricted in the Universal Declaration proclaimed by the General Assembly of the United Nations. The knowledge of what happens in the giant North leads to the conclusion that there's a violation of the basic rights of persons.  The first article states: "All human beings are born free and equal in dignity and rights; they are donated with reason and conscience that should act towards one another "[1]. So, where is the respect of the human rights?... this is what happens every day, because in 2008, there were 4.9 million violent crimes, 16.3 million property crimes and 137,000 people were victims of theft, according to a report by the Department of Justice United States published in September 2009. In that same year, the crime rate stood at 19.3 violent crimes per thousand people aged 12 or older. In addition, some 30,000 Americans die each year in this country with firearms incidents; certainly it is clear that human rights have been violated.

However, human rights in Europe are also disrespect regarding freedom. It should be emphasized that in the second half of the last century, human rights became of age, in Europe and in the United States, and began to be felt in Latin America, which justifies a comparative study of the scope they have gained from both sides of Atlantic. “The most notable difference between them is the concern with the question racial in the United States, which has no counterpart in Europe and Latin America”[2]. The degree of effectiveness of human rights in this hemisphere has not been uniform, due to the presence in several of the dictatorial regimes American republics and also due to the inefficiency of the judiciary in many countries.

For a comparison is necessary to understand that the Constitution of the United States, the European Convention on Human Rights and its protocols and the American Convention on Human Rights are only foundations on which the Supreme Court of the United States, the Inter-American Court of Human Rights have built three buildings similar but not identical. More than any other branch of law, human rights are the result of the jurisprudence of these three great courts. The similarity of the solutions on both sides of the Atlantic show the mutual influence they have had. As an element of conviction, on more than one occasion consecrated first American solution has influenced a European issue, and the solutions of the European Court, numerous and well-founded, visibly influenced by the jurisprudence of the Court, whose Convention is very similar to the European.

The European Court has an international scope on all States of the Council of Europe and the American Court extends its scope over the entire Latin America, except for Cuba, while the Supreme Court of the United States is nothing more than a national court. This difference in political structure has two consequences: first, in Europe the Court has to give the United States discretion in cases where uniformity cannot be imposed, and second, the methods of execution are not the same.

DIFFERENCES:

·         In the United States, the execution of a judgment of the Supreme Court is directly as part of the Federal Government's executive force and effect as a precedent is binding on all courts in the country, both federal and state.

·         In Europe, the judgments of the Court are declarative and implementation depends on the will of the country concerned. When the judgment is contrary to the habits of the country, can produce resistance, not so much to pay the condemnation and adaptation requires legal judgment, p [ate that no other convictions in the future.

·         The rights of man are a changing reality. Every day, especially in Europe, are issued new rulings, which extend the principles to their application to new facts or restrict them to apply to situations not previously covered.

REFERENCES:

http://www.guerrillero.cu/index.php/derechos-humanos/1407-derechos-humanos-en-estados-unidos

 

http://www.hrafdom.com/index.php?do=articles&view=details&id=31&i=41&p=39

 

http://www.humanrights.dk/files/pdf/Engelsk/International/macedonia.pdf

 

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[1] http://www.guerrillero.cu/index.php/derechos-humanos/1407-derechos-humanos-en-estados-unidos

[2] http://www.hrafdom.com/index.php?do=articles&view=details&id=31&i=41&p=39

CASE SARAYAKU VS ECUADOR

Author: María Sol Tello

 

According to the worldview of the Sarayaku people, the territory is linked to a set of meanings: the jungle is alive and the elements of nature have spirits, which are connected among themselves and their presence act places.

This demonstrates that the indigenous people love their territory and nobody can destroy anything because their place is sacred, for this reason that would be protected by the State. In Ecuador this does not happened because those territories have large reserves of oil, so a lot of places of their territory were destroyed.

The Inter-American Human Rights Commission alleged that the State violated the rights recognized in article 21 of the American Convention, in connection with articles 1.1, 13 and 23 of the same. The Sarayaku people noted that Ecuadorian legislation contains a series of rules of legal and constitutional rank on rights of indigenous peoples, by which the State was forced to adopt special measures to guarantee them the full enjoyment of their human rights, without restrictions, as well as include measures that promote the full realization of their economic, social and cultural rights respecting their social and cultural identity, their customs, traditions and institutions.

The State had the obligation to hold prior, free and informed consultations so that they would have the possibility of participating in this process. Is the above that one of the fundamental guarantees to ensure the participation of the indigenous peoples and communities in decisions relating to measures that affect their rights, and in particular their right to communal property, is precisely the recognition of their right to consultation, which is recognized in Convention No. 169 of the ILO.

In my opinion, I think the State must respect and protect the ancestral territories, besides that they form part of the country must take into account that these territories have one variety in both flora and fauna; the exploitation of oil in these areas without the respective care would cause irreparable environmental damage that affects the country and the world.

If you want to get more information about this case visit the following web pages:

http://sarayaku.org/wp-content/uploads/2012/07/Resumen-Sentencia-Sarayaku.pdf

http://www.corteidh.or.cr/docs/casos/articulos/seriec_245_esp.pdf