Social, Political and Legal Frameworks Of Human Rights

Introduction to National and International Human Rights

Human Rights are regarded as the inalienable and fundamental rights essential for a human being. The term human rights represent the fundamental rights that belong to every individual entitled to these rights. There are different ideas regarding Human Rights over decades but it achieved International support due to Second World War and holocaust (O'Rourke, 2014). United Nation has adopted in the year of 1948 The Universal Declaration of Human Rights for protecting the Human Rights in different countries and also for creating awareness to different individuals in order to educate, benchmark as a political tool. The different bodies of United Nations manage the human right affairs controlled by the Council of human rights. These bodies concentrate and enforce to maintain the laws regarding Human Rights in various countries to some extent.

This is a focus of argument regarding the International and National Human Rights on Syrian Refugee crisis. Primarily, the essay will explain the enforcement mechanism that codifies the human rights in international law. The argument will be based on legal strength according to the instrument of Human Rights on international actors and specifically on Nation States (Dinçer et al 2013). A brief examination of UN charter based enforcement mechanism throw some light in this argument as there are two types of instruments that includes conventions and declarations. It is known that declarations are binding legally due to different political impact similarly conventions binding legally under international law.

Discussion on National and International Human Rights

International law is inefficient and ineffective to some extent but it is reported that infringement take place on human rights in various countries. Since law is essential for protecting the human rights but on the other hand international law can be e easily criticized. Human rights can be valued without implementing law recognized by United Nation (Bidinger et al 2014). A distinction can be made between the different mechanisms for protection of human rights in regional and global aspect. There are different specific domestic laws within the state which is argued due to the result of vertical compliance pool in the field of international human rights derived from regional and international covenants and declarations.

It is argued by different authors that International human rights are often under forced and is enforced through the legal process that is found to be transnational. This process comprises of interaction between different International organizations interpreting the legal norms developed by them and the internalization of the specified norms into consciousness of domestic system and international actors (Forsythe, 2017). It is also argued that internalization regarding Human Rights is enforced initially through International Law adoption. The socialization of legal norms regarding Human Rights is effective to guarantee the obedience of laws regarding human rights. The norms of Human Rights acceptance into political society popular culture and behavior is the most effective method for enforcement. Further, it can be uttered that not only international law but regional law is also utilized for protecting the rights of individuals and Human Rights on American convention. Different countries possess their domestic legislation of human rights for protecting the citizenship rights. For example, United Kingdom possesses their Human Rights Act 1998 that was enforced in the year of 2000.

The term Refugee is explained as a person forced to flee from his or her country due to war prosecution and violence and it happened with the citizens of Syria. In the year of 2012 when most of the refugee was found to flee to different neighboring countries and it is found Greece and Turkey were causes for strengthening their borders. In the year 2013 Bulgaria in Turkey started to build their fence where Turkey hosted 3.2 million refugees from Syria according to the present data. The country has spent $5.5 billion to provide shelter to the immigrants from Middle East (Momin, 2017). It was estimated in the year of 2014 use number of Syrian refugees started to conduct business in Turkey.

Different immigrants faced deficiency for their families and also for themselves. In spite of paying a huge amount of money the journey of a Refugee is came to be exhausting and long that takes even a week to get through Turkey and then to the territory of Greek. Further, an escalation of violence in western Aleppo and Idlib forced huge number of Syrians to flee according to UN. More than 180,000 families, 560,000 children and 195,000 women were striving for humanitarian assistance. The majority of the families moved towards the Turkish border where this offered from no food and shelter or clean water in their camps (Goldenziel, 2013). It is estimated that6.2 million people has fled from their homes and displaced within Syria. They live in different informal settlements crowded with extended families or in abandoned buildings. Different individuals also served in multiple places with different disease and hunger and also played two different Areas where they will be safe. It is observed that 22- 60% population is made up of individuals those who are refugees.

In the year of 2013 more than 3.5 millions Syrian refugees escape into Northern Iraq where they got trapped in an internal conflict of the country and Iraq is struggling to fulfill the requirement of the Syrian Refugee apart from 2 million internal displaced Iraq citizens (Ostrand, 2015). UN Commission enquired on Syria reported that both the Rebel forces and government war utilized civil suffering that includes blocked access to water food and health services. The Civil War has forced 4.5 million individuals to flee and decide to flee to different neighboring countries like Turkey Jordan and Lebanon along with 10% Syrians trekked to Europe. The Europe journey through the Mediterranean Sea is considered as the dangerous migration route and it is estimated that 22400 migrants and different Asylum seekers diet in the year of 2000 attempted to reach European Union. It is reported by United Nation that 70% of population is not getting the access of drinking water and one in three individuals was starving due to in need of basic food where 2 million children ran away from their school and many of them was in poverty. Despite of the Syrians plight the response to Syrian refugees in Europe became hostile.

Germany and other countries was found to be hit hardly by Syrian Refugee Crisis manifested in political pressure while the guidelines of UNHCR stipulates the change that is required for safe return and the Nations are looking increasingly to eliminate the hostilities according to the sufficient standard. The purpose of development plan provided assistance to different Syrians planning to return Syria after this major crisis begin in the year of 2018. The core vector of this development is dedicated to the centers of rehabilitation which is developed in conjunction with the base of United States military in the area of Northern Syria. According to the human rights according to the human rights combined with international law the basic goal is to achieve resettlement undertaken with the conjunction of Refugee assistance.

The Universal Declaration of Human Rights is the actual foundation of international human rights law provides a Framework for protecting the dignity of individuals regardless of race citizenship religion ethnicity and gender. The recognized inherent dignity of individuals and non discrimination is found to be the important tenets (Coen, 2015). According to UDHR Article 1, says that human beings are born with equal rights and dignity and they are free. It is also described that individuals are in doubt with can science and religion and should act for one another in the spirit of brotherhood. Article 2 of UDHR; represent the universal Human Rights based on the non discrimination principle. Further, UDHR universalized the notion of respect and well-being for individuals. The refugee convention concentrates on human right of different refugees and attends the particular requirement of the refugees that includes right to Asylum, determination of obligation to different state parties and non refoulement. It is found that 137 countries have signed the document of Refugee rights convention and it is developing the definition of Refugee outlining both the responsibility of state and international parties. This is found to be the main contribution highlighting the requirement of the refugee.

According to the Convention the term Refugee is stated as an individual when found in fear of persecution for race, gender, political belief, religion should flee into another country. The different provision stated in the convention suggests that certain people can be qualified for the status of Refugee and emphasize the importance and uniqueness of the Refugee. The movement that is observed to be unwilling from their homes is distinguished to be refugees from the migrants (Charles, & Denman, 2013). It is assimilated by UNHCR the status of Refugee rights for granting The Asylum. It refers to the different refugees as the Asylum seekers. According to the final act regarding the refugee convention it is delegated that convention drafting is particularly observed the refugee received by the state was an act to grant the Asylum. It is arguable that the definition of a Refugee underscores the persecution fear for different refugees those who are forced involuntarily to move from their country to seek help up from the foreign country that includes the seekers of asylum as well.

It is essential to note that categorization of refugees according to the limitation of the convention highlights several restrictive nature. The Scholars of Human Rights argue that the refugee definition is coined by United Nation is found to be strict leaving several individuals who cannot be fit into the guidelines and will be unprotected by the human rights law. It is argued by several authors that Refugee convention is considered as the cornerstone of the system of human rights to protect vulnerable individuals and is yet considered as narrow instrument protecting particular group of individuals. It excludes individuals receiving help from the program of United Nations that includes both agency and United Nation relief even living in the conflicting zones and is suffered from persecution. It is stated by Scholars that huge number of individuals those who are not falling under United Nation convention definition of Refugee is increasing as the ethnic victims are cleansing and even the genocide is not found to be included technically.

Moreover, non-refoulement and protection forced refuses for returning to their own country due to the fear of persecution and violence on return is promised to them under the convention of Refugee as it will not be applied to all individuals. In the year of 1951 convention related to the refugee status represents two classes of differentiation those who are not protected by the clause of non-refoulement that includes the first class including individual’s committed heinous crime for peace for a crime for humanity (Watenpaugh, Fricke, & Siegel, 2013). It is also stated that an individual committed non-political crime prior to the refugee admission. The second class represent individuals those who are found to be refuses but considered as threat according to the national security of Refugee country.

Further, one of the important challenges according to the rights of Refugee convention is the absence of determination regarding publication of different states. This specific question leads to tension regarding the rights of difference sovereign states versus the protection of ethical responsibility. Proponents of different state sovereignty believe that the entity of sovereign had the power and right to resolve different obligations stated in the Refugee Convention. However, state sovereignty is emphasized and the national self describe that the state have the right to deny the Asylum. In Europe and United States legislation instituted modern procedural barriers the application of asylum and the measures that include prolonged detention of different Asylum seekers that will go through the review of different Refugee claims.

Conclusion on National and International Human Rights

From the above statement it can be concluded that Syrian Refugee crisis is not for excluding the refugees but to help them and to welcome them by providing School livelihood for the children and to provide opportunity for new life in their own country through public policies (Ekmekci, 2017). According to the belief in human equality and dignity that includes economics can be utilized to understand the developing state that better deals with the Syrian Refugee crisis ensuring freedom movement fleeing the war. It is the duty of the country included in the refugee convention to restore the dignity of Syrian refugees in spite of eliminating them from the society and should be developed with different integrity policies that include burden sharing in order to resettle the refugees of Syria.

Reference for National and International Human Rights

Bidinger, S., Lang, A., Hites, D., Kuzmova, Y., Noureddine, E., Akram, S., ... & Kistner, T. (2014). Protecting Syrian Refugees: Laws, Policies, and Global Responsibility Sharing. Boston: Boston University School of Law, International Human Rights Clinic.

Charles, L., & Denman, K. (2013). Syrian and Palestinian Syrian refugees in Lebanon: The plight of women and children. Journal of International Women's Studies14(5), 96-111.

Coen, A. (2015). R2P, global governance, and the Syrian refugee crisis. The International Journal of Human Rights19(8), 1044-1058.

Dinçer, O. B., Federici, V., Ferris, E., Karaca, S., Kirişci, K., & Çarmıklı, E. Ö. (2013). Turkey and Syrian refugees: The limits of hospitality. International Strategic Research Organization (USAK).

Ekmekci, P. E. (2017). Syrian refugees, health and migration legislation in Turkey. Journal of immigrant and minority health19(6), 1434-1441.

Forsythe, D. P. (2017). Human rights in international relations. Cambridge University Press.

Goldenziel, J. I. (2013). Regulating human rights: international organizations, flexible standards, and international refugee law. Chi. J. Int'l L.14, 453.

Momin, S. (2017). A human rights based approach to refugees: A look at the Syrian refugee crisis and the responses from Germany and the United States. Duke FL & Soc. Change9, 55.

O'Rourke, J. (2014). Education for Syrian refugees: The failure of second-generation human rights during extraordinary crisis. Alb. L. Rev.78, 711.

Ostrand, N. (2015). The Syrian refugee crisis: A comparison of responses by Germany, Sweden, the United Kingdom, and the United States. Journal on Migration and Human Security3(3), 255-279.

Watenpaugh, K. D., Fricke, A. L., & Siegel, T. (2013). Uncounted and unacknowledged: Syria’s refugee university students and academics in Jordan. Joint UC Davis Human Rights Initiative and Institute for International Education.

Remember, at the center of any academic work, lies clarity and evidence. Should you need further assistance, do look up to our Human Rights Assignment Help

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