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Human Dignity And The Racial Discrimination Act Add in library

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Question - Explain why you believe that human dignity is a critical factor ?

 

 

Answer - Introduction:

The main principles of human rights are that all human beings have the freedom of speech and with equal dignity in their rights from their birth. Any kind of discrimination or even persecution on the aspects of race, sex or color and can be termed as a violation of this principle. This racial discrimination can be of the most severe type which may lead to the most brutal and institutional forms of racisms where certain racial or ethnic groups that are restricted from the freedom to any type of civil, political, economic, social and also cultural rights as the various other people of the society (Kateb G. 2011). The term “race” is defined as a sector of people who have a common ancestry but are different from others in relation to their physical appearance such as the color of their eyes, skin hair type, etc. In international law the term race is used often to distinguish between the different types of people the basis of their language, culture, religion, ethnicity and also their social groupings (Langford M. et.al 2013). The term “racial discrimination” can be defined as any restriction, exclusion or preference that is related to the terms of race, descent, color or origin which aims at impairing the recognition or exercise of human rights and fundamental freedoms in the political, economic, social or cultural field of public life. Therefore racial discrimination is a major problem in the world toady regards to the human rights which include both the lesser section and sometimes even the majority populations. However this struggle the difficulties faced by the ethnic and racial conflict has continued over a long period of time which also faced the worst ethnic conflicts that the world ever experienced.

Hence in the later paragraphs two main perspectives are explained in detail. The first perspective being that very individual has the freedom of speech which is very important and essential for protecting human rights. This is believed because if a person cannot speak freely then they will not be able to draw the attention of the world for fighting against the violation of human rights and dignity (Evans G. 2008). The second perspective explains that all human beings have equal rights to freedom from racial discrimination that cause any harm to the extent that they control an individual’s freedom to participate in the society and also not to violate dignity and restrict the law.

 

 

Perspective 1:

This perspective of human rights focuses on the rights that people to seek, obtain and receive information about all the human rights and its violations. The states should make sure that the people are able to peacefully protest, circulate and also publicize the information and help in criticizing the failures of the government to protect and promote these human rights. In a democracy the rights to freedom of expression is extremely crucial as it helps in informing political debate of various information and ideas that are essential for public accountability and also in transparency in the government (Tasioulas J. 2012). This freedom of right of expression involves the freedom to give and take ideas without any state interference. The right to freedom of expression includes written and oral communications, media, public protest, broadcasting and commercial advertising. It also includes certain responsibilities and is restricted in many aspects.

This includes the rights to communicate and express oneself in any form that include words, pictures, images and actions through demonstrations (Corradetti, C. 2012). This expression also protects different types of rights that include political expression which include comment on the interest of the public then also in the artistic expression and commercial expression that often raises the legal public debate and concern. Hence to make sure that this debate and freedom of expression is possible there should be the protection for the elements of a free press or media that also include protection of journalistic sources. There would be no meaning to the rights of free expression if they only protected certain types of expression. These limitations that are subjected to the right will protect both the popular as well as the unpopular expression which include freedom of speech. Hence the relation of free expression usually involves restrictions on publications and penalties like criminalizing speech which required the journalists to reveal their sources and impose few disciplinary measures (Ernst. G. et al 2011). Therefore this freedom of expression also had certain limitations in carrying out its duties and responsibilities which were stated by the law and was necessary and proportionate so as to pursue legal aims that are in the interests of the nation’s security and also for the public safety. They also help in preventing disorder or crime in the society and also in the protection of health and morals. It also limits the right to protect the image of others which stops providing the information given by the authority to maintain confidence and impartiality of the judiciary as stated by Brems E. (2009). The perspective also argues that the use of human dignity beyond a basic extent does not always provide a very universalistic basis for judicial decision in this context. This states that the level of understanding the process of dignity requires within or across the various jurisdictions. Hence the meaning of dignity varies from jurisdiction to other jurisdiction and the role of human dignity is very essential in the development of human rights and not in providing a content to human rights but by also contributing to methods of human rights interpretation (Gardiner S. 2013). Many reports state that the government argues for an Asian concept of human rights (Etinson, A 2015). The research project also analyses the relationship of cultural values to human rights to provide equal bases for an appropriate appreciation of human rights in the context of Asia.

 

 

Perspective 2:

This perspective of human dignity highlights that every human being has a right to freedom from racial vilification as these can cause major offense even to the extent that they limit a person’s freedom to be an active member in society and this is considered to violate human dignity (Crisp. R (2014). The main aim of this act was to explore the challenges that were made for the defenders of freedom of speech of expression by promoting racism through speech. It was clearly mentioned that this collection of the freedom of expression would also restrict the freedom to justify censorship in the interests of the racial inequality and to eliminate racial discrimination. It also highlights that any right to protect such behavior has its concern towards the interest of freedom because when there is racial vilification then people are subject to the torture and harassment which reduces the enjoyment of individual freedom (Henkin L 2009). This in turn has very serious health effects that can be seen for people with the racial vilification (Holder C (2013). The impact of racial abuse can create many physiological symptoms like fear, pulse rate going high and difficulty in breathing. Therefore too much exposure can also result in conditions like hypertension, nightmares, post-traumatic stress disorders and even suicides. It can also be said racism can also cause harm in the modern society because their identity is not because of what they are but also because of their own dignity which is shaped by the people around them. The people who are at the receiving end of the abuse feel more of anger and humiliation and of self re-approach. These victims of racial abuse although might try and resist it start to absorb the feelings of hatred and of inferiority and this in turn leads to the well meaning members of the society to start believing that the victims are not worthy of any form of respect or trust (Hayden P. 2001). There was a later development of a law that became inevitable of the intellectual and emotional life which came into existence and also made it clear to the people that pain or happiness relied on the physical aspects of life. Many researchers also described how racism was unsafe especially at night or in public places. Hence it also helped in demonstrating the impact that racism had on freedom of speech and highlighted about the Australians that how they enjoyed their freedom to live on a daily basis. Therefore Cruft R. et al (2015) concluded that racism had an impact on the person’s self perception in which people began to accept their own qualities of inferiority and how to get their way out in exercising their freedom in a more positive way. There are also few prohibitions that are related to racial discrimination which specify that it is unlawful in nature and they have equal and lawful rights for the access to places and facilities and also to other land, housing and other accommodations. They also have the rights to join trade unions. Therefore the Racial Discrimination Act of 1975 is amended as follows:

  1. Section 18C is repealed
  2. Section 18B, 18D and 18E are also repealed
  3. The following section is inserted.

The Government Party Room this morning approved reforms to the Racial Discrimination Act 1975 (the Act), which will strengthen the Act’s protections against racism, while at the same time removing provisions which unreasonably limit freedom of speech.

Therefore it is important to consider human dignity as a means to higher education institutions who continue to identify it as a key value of ethical issues that the students face and how they are often involved in appealing to human dignity and the religious connotations that have come to be associated within them. Nevertheless King J (2012) concluded that there have been many discussions for the concept of human dignity to be removed from ethical discourse as it is of no help. In other words it could be said that dignity is not useful when it leads to dignity talk and also when there is a disagreement about something human beings have to say or something that is seen through human activity where people think is really at a major risk. Also this theory explains the need for understanding human dignity that holds the value of the human person as a multi-dimensional, and who is faced with difficult moral choices through which he or she makes meaning in his or her life. This theory has both descriptive value in helping us to understand why people do certain things and also in helping us evaluate what should be done. The concept of multi-dimensional poverty acknowledges the fact that this concept should extend beyond the economic well being of every individual that also include other aspects like health, education, political and social dimensions and the other relevant issues which are highly important for the overall well being of an individual said Gilabert, P. (2011). Moreover, it will have to demonstrate that the concept offers something more to ethics than any of the individual features. To conclude this section, it must be affirmed that there is a problem. The way in which human dignity is frequently used in contemporary ethical discourse the rise of dignity talk is a problem because it means we are more often faced with unconstructive matches than with clear and constructive ethical statements.

 

 

Conclusion

The concept of human rights provides a framework for dealing with abuses and also in holding government responsible for them. It also refers to the theoretical and practical application of general human rights principles to the people and focuses mainly on the attention on discrimination and social exclusion. Therefore Finnis J (2011). It also recognizes the rights and draws concepts of loyalty by which it also attributes human rights abuse in all the settings of the person’s freedom and equality. It also includes the rights to decent work conditions and freedom of association and derives it from universal and inherent human.

References

Brems, E., 2009. “Human Rights: Minimum and Maximum Perspectives,” Human Rights Law Review, 

Corradetti, C. (ed.), 2012. Philosophical Dimensions of Human Rights, New York: Springer.

Crisp. R (ed.) 2014. Griffin on Human Rights, Oxford: Oxford University Press.

 

 

Cruft. R., Liao, S and Renzo, M (eds.) forthcoming 2015. Philosophical Foundations of Human Rights>, Oxford: Oxford University Press.

Ernst. G. and Heilinger, J. (eds.), 2011. The Philosophy of Human Rights: Contemporary Controversies, Berlin: De Gruyter 2011.

Etinson, A. (ed.), forthcoming 2015. Human Rights: Moral or Political?, Oxford: Oxford University Press.

Evans, G., 2008. The Responsibility to Protect, Washington, DC: Brookings Institution.

Evans. M. and Murray, R. (eds.), 2011. The African Charter on Human and People's Rights, 2nd edn., Cambridge: Cambridge University Press.

Finnis, J., 2011. Natural Law and Natural Rights, 2nd edn., Oxford: Oxford University Press.

Gardiner. S. 2013 “Human Rights in a Hostile Climate,” in Holder C and Reidy, D. (eds.), 2013. Human Rights: The Hard Questions, Cambridge: Cambridge University Press: 211–230.

Gilabert, P. 2011. “Humanist and Political Perspectives on Human Rights,” Political Theory39: 439–467.

Hayden, P. (ed.), 2001. The Philosophy of Human Rights, St. Paul, MN: Paragon Press.

Henkin, L., Neuman, G., Orentlicher, D. and Leebron, D. (eds.), 2009. Human Rights, 2nd end., New York: Foundation Press.

Holder C. and Reidy .D. (eds.), 2013. Human Rights: The Hard Questions, Cambridge: Cambridge University Press.

Jacobs. F. and White, R. 2010. The European Convention on Human Rights, 5th edn., Oxford: Clarendon Press.

Joseph, S., Schultz, J.,and Castan, M. (eds.), 2013. The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary, 3rd edn., New York: Oxford University Press.

Kateb, G., 2011. Human Dignity, Cambridge, MA: Harvard University Press

King, J., 2012. Judging Social Rights, Cambridge: Cambridge University Press

Langford M. et.al.(eds.), 2013. The Millenium Development Goals and Human Rights, Cambridge: Cambridge University Press.

Liao M. and Etinson,A. 2012. “Political and Naturalistic Conceptions of Human Rights: A False Polemic?”, Journal of Moral Philosophy 9: 327–352.

 Moyn S., 2010. The Last Utopia: Human Rights in History, Cambridge, MA: Harvard University Press.

Raz, J., 2010. “Human Rights without Foundations” in Besson, S., and Tasioulas, J. (eds.),The Philosophy of International Law, Oxford: Oxford University Press.

Schabas, W., 2011. An Introduction to the International Criminal Court, 4th edn., Cambridge: Cambridge University Press.

Tasioulas, J., 2012. “On the Nature of Human Rights,” in Ernst, G. and Heilinger, J. (eds.), 2011. The Philosophy of Human Rights: Contemporary Controversies, Berlin: Walter de Gruyter: 17–59

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