CHILDREN’S RIGHTS

Children's rights are being violated on a massive scale in the world in many ways, because they are subject to violence, exploitation, abuse, poor health, and displacement by armed conflicts, lack of education and many other forms of violation of their rights, despite the fact that the Convention on the rights of the child has existed since 1989.

About 51 million births go unregistered every year in developing countries. About 218 million children between 5 and 14 years are involved in child labor. In developing countries, more than 60 million women aged 20-24 were married before the age of 18 years, of which 31 million live in South Asia. It is estimated that 1.2 million children are victims of trafficking every year. More than 300,000 child soldiers, some only eight, are exploited in armed conflicts in more than 30 countries. (20-10-12, http://www.que.es/actualidad/sociedad/los-derechos-mas-violados-son-los-de-los-ninos.html)

 

Approximately 143 million children are orphans of one or both parents. Some two million children believed that they are exploited through prostitution and pornography. Forty million children under 15 years suffer from abuse or neglect in their care that require health and social care. (20-10-12, http://www.que.es/actualidad/sociedad/los-derechos-mas-violados-son-los-de-los-ninos.html)

This demonstrate that the abused of human rights does not affect to old people, also all children have the same opportunity to have a worthy life and respect.

Sometimes many people think that little boys and little girls do not have sad times or they do not suffer for anything, but the real life is that they suffer the same abused that and old person suffer and also they have to live worse things. In many countries like Mexico, the children are considering merchandise because they are sold by bad people to buy drug. And those children have to work or in the bad cases some persons sold their organs.

In our opinion that violation can become in the worse act of the world because children are innocent and they have to have a happy life without sadness. They have to study and they have the right to have a family. With this we do not say that the abused of human rights of old person or young are good, all the violations of human rights are wrong and all international organization and Estates must be join to work hard to decrease the abuses.

Authors:

María Sol Tello

Lisbeth Aroca

Michelle Cordero

Cristina Rossi

Gabriela Rosas

 

 

Bibliography:

http://www.unicef.org/spanish/

http://www.que.es/actualidad/sociedad/los-derechos-mas-violados-son-los-de-los-ninos.html

 

EL UNIVERSO CASE

 

 

The problem between the President of Ecuador, Rafael Correa, and El Universo newspaper began with a publication of an article that expressed the opinion of Emilio Palacio after September 30, the writer of the article “No a las mentiras”, about the attitude and all of acts that happened on September 30 of 2010. The article was published on February 6 of 2011.

Rafael Correa demanded to El Universo newspaper on March 21 of 2011; the judgment explained that the article affected the reputation, the dignity and the honor of Rafael Correa. All of that could change the opinion of the Ecuadorian people about the government of Correa and he maybe could lose popularity.

 

In the law sentence, Correa request 80 million dollars and three years in jail for the editors of El Universo newspaper, Carlos, Nicolás y César Pérez; of El Universo newspaper and the editor of opinion section, Emilio Palacio.

The first audience was on July 19 of 2011 in the 15^th court of criminal warranties in Guayaquil city. There El Universo newspaper offered to public an article which the president could write a rectification about the ¨No a las mentiras” article, but Correa did not accept this and the trial was continuing. On July 20, the judge passed the judgment in which explained that El Universo newspaper had to pay 40 million dollars.

The lawyers of El Universo newspaper appealed the verdict, but in the second audience the sentence was ratified by the court. The respondents had to present the demand with the International Commission of Human Rights, and they requested for precautionary measures. After that, Correa expressed the possibility to use the forgiveness resource. The International Commission of Human Rights accepted the request of precautionary measures in favor of El Universo newspaper. On February 27 of 2012, the president, Rafael Correa, expressed his forgiveness to the newspaper and its editor.

 

In addition, this case demonstrated that is evident the attacks on critical or independent media by the Ecuadorean government that is restricting the right to freedom of expression. These attacks range from insults against journalists and the media, to the closing of media sources, or the imposition of an official publishing.

VIOLATION OF HUMAN RIGHTS IN "EL UNIVERSO" CASE

The IACHR applied measures of precautionary and solicited the immediate suspension of the effects of the judgment, is found in the official # 428 record, published on September 18, 2008 that recognizes its obligation and assigned to the Ministry of Justice and human rights of the Executive function decreased, guarantee and ensure full compliance with competition "statements, precautionary measures, provisional measures, friendly agreements, recommendations and resolutions originating in the Inter-American system of human rights".

Emilio Palacio, the author of the article "No a las mentiras”, which led to the demand, Carlos Nicolás Pérez Lapentti, Carlos Pérez Barriga and César Pérez Barriga. Accordingly, the Inter-American Commission on human rights requests the Government of your Excellency to immediately suspend the effects of the judgment of February 15, 2012, in order to guarantee the right to freedom of expression", says an extract of the referred to the regime through a statement dated yesterday, according to the Agency.

There are two key points of the violation of human rights towards palaces: political persecution and violation of their right to freedom of expression. There is no more fundamental institution for democracy that a free and independent press. The freedom of press helps to protect the rule of law and ensure that everybody is above the rules and procedures that govern a democratic society. The freedom of press helps ensure transparency to induce Governments to be honest and accountable to their citizens. Unfortunately, recent events in the Ecuador suggest a deliberate move away from these democratic traditions, and this could have serious consequences for democracy in the Ecuador.

 

In our opinion, the President and all of us should denounce the attacks against the press in Ecuador and in any place in the world, for protect freedom of expression which is a fundamental right enshrined in the Universal Declaration of human rights and the American Declaration of the rights and duties of man is a concern and responsibility of all. Thus, we support the people of the Ecuador and their right to be heard, and the future of its democracy.   

REACTION OF THE INTERNATIONAL ORAGANIZATIONS

When it was the ratification of the judgment to the diary the Universe against to the tree mangers and to Emilio Palacio, the reactions of the international community was immediate and they questioned the judicial resolution.

One of the organizations that was the Committee for the protection of the journalist because they were disappointed because of the tribunal decision sentence that was still going with the sentence of El Universo newspaper, and also according to the CPJ it is not only to threat against a Journal of the country but the threat, the control and the prohibition to any type of freedom of expression, so that, I think that the judgment that was approved only searched to silence to the critical press.

Another pronunciation was done by the Inter American Press Association (IAPA), they were sure that the ratification of the judgment only wanted to impose the censorship in the independent journalism and a good example for explain it, it is the imposition of a sorrow of sail and the indemnification millionaire. Nevertheless for the Inter American Company it was a hope in the National Court of Justice which must watch for the interests and the beginning of the freedom of press and expression, which must occupy first place in a democracy, but especially this expression liberty must be respect and guarantee by the State.

As we know the judgment that was done by the judge Juan Paredes consisted in condemned to three years of jail and a payment of 40$ million to the director of the diary, Carlos Perez, the assistant directors Cesar Perez and Nicolas Perez, and Emilio Palacio, author of   column of considered insulting opinion against to the President Rafael Correa.

We conclude that actually our justice is subordinated to the political power and to a judicial manipulation on the part of the executive power because if we are not agree with his government or if we says or write something against him, we could get in trouble as Emilio Palacio, so in Ecuador for to talk and to give an opinion we have to be careful.

 

Bibliography:

Cronología del caso El Universo, check in:http://www.elcomercio.com/politica/Cronologia-caso-Universo_0_653934662.html.

 

 

 

 

 

 

 

 

 

HUMAN RIGTHS

 

 



HUMAN RIGHTS AND SOVEREIGNTY

Since the adoption of the Universal Declaration of Human Rights in 1948, the international system has established a complex system of mechanisms to promote universal human rights and to protect human rights violations. (Alston and MacDonald, 2008:1).

The fight of force the leaders to treat the citizens with dignity of a certain way happened a long time ago. For example, in the past was created the international effective rate that prohibited the slaves’ trade and the slavery. If we remember before the Second World War, talking about human rights was not place in the political agenda, not at least in the Agreement of the League of the Nations where human rights were mentioned; in addition it is important to mention that the international system did not count with multilateral treaties and, institutions dedicated exclusively to the human rights. (Covarrubiasy Ortega, 2007: 35).

In addition, the support of the international community has been important for the evolution of human rights and some events that permitted the consolidation of them. For example: the collapse of the Soviet Union and its regime, the fall of the military and civil dictatorships in Latin America and the processes of political opening of Africa and Asia. (Reisman, 1990: 888)

Inside the norms of international law we can find the terms of sovereignty and human rights, that always have conflicts to describe what is more important for a State. We want to define both terms and find the difference. With this we can explain the conflict that exists between sovereignty and human rights. 

 

Human Rights

            Human Rights are defined as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human (Donnelly, 2007:20). Also are paramount moral rights, recognized in international law so many countries recognize these rights in their national legal systems as well, for example: protection against discrimination (Donnelly, 2007:22). So for use the human rights in the society we must consider the national law and practice, for example in the United States both constitutional and statutory law prohibit racial discrimination, this based on sexual preference, (Donnelly, 2007:23); almost racial minorities that usually claim legal and constitutional rights or civil rights.

List of Human Rights

To know what is the content, meaning and the most important of the list of Human Rights we have to understand the international legal and political consensus of rights in the Universal Declaration of Human Rights and the International Human Rights Covenants.

UNIVERSAL DECLARATION:

Art 6: A person must be recognized in order to be treated with any kind of concern or respect.

Art 3, 5, 15: Personal rights to nationality and to recognition before the law, along with rights to life and protection the torture and other inhuman or degrading practices. (Donnelly, 2007:24-25)

Art 1, 2, 7: the rights of equality must be submitted in the daily life in order to practice the equal respect. Equal respect for all the persons is at most hollow without the freedom to own ideas of a good life.

Art 12, 18, 20: The freedoms of speech involve the privacy and the most important the personal autonomy.

Art 26, 27: The rights of education it’s the most important to the human development because participle in the cultural life.

We conclude that adopting the list of Human Rights in the Universal Declaration and Covenants, is so important because this guarantee the respect and the protection of the integrity of people.

 

Sovereignty

In political science, sovereignty has never had a meaning which was universally agreed upon. The traditional meaning of sovereignty can be reduced to internal control and external autonomy, this interpretation emphasizing mainly the capacity of state sovereignty to act as a barrier to unwanted external intervention. (Badescu, 2001: 21)

The state is the sole repository of sovereignty authority, understood as the capacity to make authoritative decisions with regard to the people and resources within the territory of the state. (Badescu, 2001:22)

Sovereignty has thus been described as “hard law” meaning that it encompasses legally binding obligations that are precise. Respect for the sovereignty of other states is the universal standard of international conduct. (http://plato.stanford.edu/entries/sovereignty/, 02-10-2012)

 

 In our opinion, this means that some or every states can be free to take decision for their countries but this could not affect other state. In addition, the sovereignty is the principal characteristic of the State.

Conflict between the sovereignty of States and the protection of human rights

When we started to talk about sovereignty and human rights, we have to understand that these two concepts can confront, mainly because were discussing about the difference of the rights of the State face and the rights of the individuals.

In international law the paradigm based on traditions of the sovereign States hasn't govern more, since it has insufficient political and legal material which can't overcome the problems or situations that occur in our present.

After World War II, the cold war and other global episodes has continue feeding the index of crimes against humanity, such as, the terrorist attack on the twin towers in Manhattan, Afghanistan and Iraq invasions, coups of state in the Middle East as Libya and Egypt, among others, which have been seen as evidence for the need of a change in international relations. (Cortés, 2007:135)

The phenomena produced by economic globalization, the growth of unemployment, the destruction to the environment, have produced that the model centered on the idea of State-nation loses effectiveness. (Cortés, 2007: 136)

The idea of the sovereign State that is governed by the political self-determination and non intervention has been transformed with emphasis in international law and the fact that where it dominated before the principle of absolute sovereignty now held the interest in the protection of human rights. The transformation in international law is due to two main factors the increasing poverty and inequality, since every man by the simple fact of being human being has rights and the same overall conception of economic and political justice. (Cortés, 2007: 135)

The international law gives priority to human rights over sovereignty and justifies the fact of intervention as a right to preserve the priority of human rights. Realism shows that the sovereignty of States is governed by inter-State relations, and those human rights without internal policy of each State. Nationalist liberalism questioned sovereignty held on human rights; the conception of the radical globalism justice preserves human rights, without affecting the normative structure of the State.

Conclusions:

In conclusion, the sovereignty change when the States and their population face new problems and opportunities, this means that throughout the time the incorporation of human rights as an international norm has affected the practices of the international law and the international politics in order to get a new meaning of sovereignty.

So the human rights must be equal for everyone and they are not against to the authority of the States because are the man guarantees of the enforcement of Human Rights.     

Which is the true meaning of human rights and why we have to use? Human Rights are the language of victims and the dispossessed so we have to protect. Human Rights usually seek to modify legal or political practices. For example: South Africa was a struggle to change their laws and practices, without leaving behind the equal protection of the laws or political participation.

In addition Human Rights thus provide a moral standard of national political legitimacy. We have to recognize one thing that involves all the rules, human rights effective resembles a self- fulfilling moral prophecy and all the rights that protected the Universal Declaration occurs in all the countries of the world.

 

Bibliography:

ALSON, Philip, “Human Rights: Intervention and the Use of Force”.

BADESCU, Gabriela, “Humanitarian Intervention and the Responsibility to Protect”, Routledge, first published, USA and Canada, 2001.

CORTÉS Francisco, GIUSTI Miguel; “Justicia global, derechos humanos y responsabilidad”, Siglo de Hombres Editores, Bogotá, 2007.

COVARRUBIAS, Ana; ORTEGA, Daniel, La protección internacional de los derechos humanos: un reto del siglo XX, México. Colegio de México, 2007.

DONNELLY, Jack, “International Human Rights”, first published, USA, 2007.

REISMAN, Michael; “Sovereignty and Human Rights in Contemporary International Law” 1990. Check in:

http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1866&context=fss_papers&sei-redir=1&referer=

SMITH, Joseph, “Sovereignty Human Rights and Legitimacy” 1980; Check in: http://faculty.virginia.edu/irandhumanrights/mjsonsovty.htm

STANFORD ENCYCLOPEDIA OF PHILOSOPHY, first published sat May 31, 2003. Check in: http://plato.stanford.edu/entries/sovereignty/