universalism of human rights
INTRODUCTION
The notion of universal application of human rights has invited many debates with various scholars arguing for and others taking the notion as being contextually based. This paper wishes to show how human rights are universal, taking into consideration the international covenants and treaties that states have assented to in a bid to show how human rights are observed, though the degree of respect varies from society to society. However, Beetham (2000: 16) postulates that to think of human rights as a matter with different layers of exactness depicts a shallow understanding and lack of respect to the human species. Under the same anointing, Douzinas (2000: 16) poses the question, “how can human rights lie in the eyes of the beholder or the purveyor of power?” Having said the above, it becomes crystal clear that by virtue of being human beings, humans are entitled to enjoy some natural rights as will be shown in essay through the use of various state constitutions, treaties, conventions and literal practices. Writing on an analytical sense, this paper would argue that human rights cannot be contextually based because the idea of respecting individual rights embodies the concrete definition of humanity itself regardless of where this principle is applied. HUMAN RIGHTS
FUNDAMENTAL OR EXISTENTIAL HUMAN RIGHTS
These are rights which apply anywhere and a state can never be easily justifiable when it fails to respect these rights. Some scholars term them basic rights or absolute rights. Walter et al (2010: 10) maintain that existential rights include human dignity, life and health. Enlisted as human fundamental human rights in chapter 4 of the Zimbabwean constitution include the right to life, personal liberty, security among others. Article 1 of the United Nations Charter on Human Rights adds another element of absolute right as self-determination of peoples. Under the same point one may safely argue that these are fundamental rights which no state can
The notion of universal application of human rights has invited many debates with various scholars arguing for and others taking the notion as being contextually based. This paper wishes to show how human rights are universal, taking into consideration the international covenants and treaties that states have assented to in a bid to show how human rights are observed, though the degree of respect varies from society to society. However, Beetham (2000: 16) postulates that to think of human rights as a matter with different layers of exactness depicts a shallow understanding and lack of respect to the human species. Under the same anointing, Douzinas (2000: 16) poses the question, “how can human rights lie in the eyes of the beholder or the purveyor of power?” Having said the above, it becomes crystal clear that by virtue of being human beings, humans are entitled to enjoy some natural rights as will be shown in essay through the use of various state constitutions, treaties, conventions and literal practices. Writing on an analytical sense, this paper would argue that human rights cannot be contextually based because the idea of respecting individual rights embodies the concrete definition of humanity itself regardless of where this principle is applied. HUMAN RIGHTS
FUNDAMENTAL OR EXISTENTIAL HUMAN RIGHTS
These are rights which apply anywhere and a state can never be easily justifiable when it fails to respect these rights. Some scholars term them basic rights or absolute rights. Walter et al (2010: 10) maintain that existential rights include human dignity, life and health. Enlisted as human fundamental human rights in chapter 4 of the Zimbabwean constitution include the right to life, personal liberty, security among others. Article 1 of the United Nations Charter on Human Rights adds another element of absolute right as self-determination of peoples. Under the same point one may safely argue that these are fundamental rights which no state can
Bibliography: Beetham, D. 2000. Democracy and Human Rights. Polity Press, Cambridge Douzinas, C. 2000. The End of Human Rights. Hart Publishing, Oxford, Hatchard, J. 1993. Individual Freedoms and State Security in the African Context: The Case of Zimbabwe . Weaver Press, Harare Linnington, G. 2001. Constitutional law in Zimbabwe. Weaver Press, Harare Moravcsik, A. 2000. The Origins of Human Rights Regimes: Democratic Delegation in Postwar Europe. The IO Foundation and the Massachusetts Institute of Technology, UK. Morgenthau, H, J. 1960.Politics Among Nations: The Struggle for Power and Peace. 3d ed. New York: Knopf, A. 2006. Review of Constitutional Studies. Human Rights: Southern Voices’ Publications .