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Investigate The Increasing Importance Of Human Rights After World War Ii In Both International And Australian Law.

1153 words - 5 pages

Atrocities of 2nd War led to greater emphasis on role of international law in achieving peace and established United Nations, an international organisation for maintenance of security and promotion of human rights. In 1948, Universal Declaration of Human Rights (UDHR) was proclaimed asserting rights to life, liberty and security of all. This led to a foundation for the fundamentality of human rights worldwide as states ratified and were liable to global scrutiny in abuses. Clearly, essentiality of human rights has increased significantly since the War with issues of refugees, POWs, Aborigines and 'war on terrorism' causing an upsurge in the precedence of human rights worldwide. Globalisation has meant that importance of human rights has escalated to reassess rights and responsibilities to one another and to whole planet. Though human rights changed international law for better, their lack of enforceability in case of non-compliance is the major impediment in achieving world peace, security and freedom.Human rights with their universality, indivisibility and inalienability mean that they're available to all without distinction. Thus they have become international rights as being fundamental rights of all, no matter from what state, even if stateless. The Declaration sought to protect human rights internationally reflecting a change from allowing sovereign states to do as they wish within their boundaries (as seen in Nazi Germany's treatment of Jewish) to a belief that sovereignty shouldn't be an excuse for human rights abuses, the principle of natural law where states are answerable to international community and its representative, the UN. The Declaration commenced demolishing slavery due to forced labour by Nazis and in Soviet Union. It declared trade union a right for oppressed employees, instigated universal suffrage giving both genders right to vote, and the essentiality of education which contributed to universal evolution of human rights. The holistic principles of human rights resulted in an increasing significance in latter 20th and 21st centuries as violations portrayed in today's media engender universal condemnation in stark contrast with 1950s ignorance. Acceptance of universally binding standards in UDHR and International Covenants on Human Rights has become a prerequisite for every society.Treaty law, based on consensus and agreements and places binding obligations upon signatories, is the chief source of international law and Australia is party to 6 main treaties. But it lacks enforceability, as besides condemnations and sanctions, there are few consequences attached to breaches of treaty law, economic and political considerations often trump human rights on international agenda. The 'war on terrorism' shows that not only terrorists but powerful governments have committed human rights violations despite UN's disapproval and obligations under customary international law of peace. Guantanamo Bay detainees issue has heightened...

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