Thursday, May 2, 2019
Human Rights Case Study Example | Topics and Well Written Essays - 1500 words
serviceman Rights - Case Study Example114) Evaluate this statement using the examples of the truth on hiding you have studied in Unit 21. Is the current balance between a right to privacy and a right to granting immunity of facial gesture appropriate? The subject of human rights has pre-occupied the valet for quite a long period now as people seek to pursue their interests with license and all non-negotiable rights guaranteed to them. Human rights ar very fundamental in human society and this is certify by its adoption in the international law, constitutions of many states, regional institutions law, and policies of private and non-governmental organizations. Most human rights aliment in various legal jurisdictions atomic number 18 informed by the provisions of the Universal Declaration of Human Rights (The break University, 2012, p. 31). Most of human rights laws in many jurisdictions borrow from the Declarations provisions. According to the Open University (2012, p. 1 5), human rights are based on three main premises. The first premise is that human rights are universal, which mean that they are held equally by all people regardless of aspects such as geography, gender, and age. The help premise is that human rights are inalienable and therefore quarternot be taken away from someone by anybody regardless of the circumstances. The final premise is that human rights are indivisible and therefore cannot be denied simply because they are viewed to be non-essential or less important. Clapham (2007, p. 114) states human rights simultaneously involve to protect freedom of expression and the rights to privacy. everywhere the years, there has been debate regarding the issues that Clapham raises in this assertion. The debate has been revolving around the question of how and to what extent does human rights protect freedom of expression and the rights to privacy. Also, questions have been raised regarding the nature and limitations of such protection an d whether there are circumstances in which this protection can be violated. Therefore, this essay will evaluate this statement using several examples of the privacy law. Also, it will discuss the question of whether the current balance between a right to privacy and a right to freedom of expression is appropriate. Before evaluating this statement, it is important to define some of the key terms in the statement human rights freedom of expression and right to privacy. Human rights refer to the fundamental rights that are inalienable to an individual by the virtue of being a human being (The Open University, 2012, p. 10). Human rights can exist as legal rights or natural rights. Freedom of expression is a legal and policy-making right that allows one to communicate his or her ideas and opinions through various channels of communication. It is essential in perfunctory interactions of individuals, as well as in enabling the society to work and to actively participate in decision makin g (p. 92). The right to privacy provides individuals or group of individuals to seclude certain information well-nigh themselves or seclude themselves and therefore able to selectively reveal themselves. The right to privacy and the freedom of expression are fundamental human rights provisions that allow individual members of the society to interact with each early(a) and to form groups with others in the society. They both provide the bedrock upon which intimate relationships, family relationships, and friendships are built (p. 92). Since most of these aspects are interrelated, protecting right to privacy would simultaneously protect certain aspects of freedom of expression. Clapham (2007, p. 114) asserts that human rights simultaneously claim protection of freedom of expression and that of the right to privacy. A critical look into the definition of human rights
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