essay based on human rights violations

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Essay on Human Rights: Samples in 500 and 1500

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  • Updated on  
  • Jun 20, 2024

Essay on Human Rights

Essay writing is an integral part of the school curriculum and various academic and competitive exams like IELTS , TOEFL , SAT , UPSC , etc. It is designed to test your command of the English language and how well you can gather your thoughts and present them in a structure with a flow. To master your ability to write an essay, you must read as much as possible and practise on any given topic. This blog brings you a detailed guide on how to write an essay on Human Rights , with useful essay samples on Human rights.

This Blog Includes:

The basic human rights, 200 words essay on human rights, 500 words essay on human rights, 500+ words essay on human rights in india, 1500 words essay on human rights, importance of human rights, essay on human rights pdf, what are human rights.

Human rights mark everyone as free and equal, irrespective of age, gender, caste, creed, religion and nationality. The United Nations adopted human rights in light of the atrocities people faced during the Second World War. On the 10th of December 1948, the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR). Its adoption led to the recognition of human rights as the foundation for freedom, justice and peace for every individual. Although it’s not legally binding, most nations have incorporated these human rights into their constitutions and domestic legal frameworks. Human rights safeguard us from discrimination and guarantee that our most basic needs are protected.

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Before we move on to the essays on human rights, let’s check out the basics of what they are.

Human Rights

Also Read: What are Human Rights?

Also Read: 7 Impactful Human Rights Movies Everyone Must Watch!

Here is a 200-word short sample essay on basic Human Rights.

Human rights are a set of rights given to every human being regardless of their gender, caste, creed, religion, nation, location or economic status. These are said to be moral principles that illustrate certain standards of human behaviour. Protected by law , these rights are applicable everywhere and at any time. Basic human rights include the right to life, right to a fair trial, right to remedy by a competent tribunal, right to liberty and personal security, right to own property, right to education, right of peaceful assembly and association, right to marriage and family, right to nationality and freedom to change it, freedom of speech, freedom from discrimination, freedom from slavery, freedom of thought, conscience and religion, freedom of movement, right of opinion and information, right to adequate living standard and freedom from interference with privacy, family, home and correspondence.

Also Read: Law Courses

Check out this 500-word long essay on Human Rights.

Every person has dignity and value. One of the ways that we recognise the fundamental worth of every person is by acknowledging and respecting their human rights. Human rights are a set of principles concerned with equality and fairness. They recognise our freedom to make choices about our lives and develop our potential as human beings. They are about living a life free from fear, harassment or discrimination.

Human rights can broadly be defined as the basic rights that people worldwide have agreed are essential. These include the right to life, the right to a fair trial, freedom from torture and other cruel and inhuman treatment, freedom of speech, freedom of religion, and the right to health, education and an adequate standard of living. These human rights are the same for all people everywhere – men and women, young and old, rich and poor, regardless of our background, where we live, what we think or believe. This basic property is what makes human rights’ universal’.

Human rights connect us all through a shared set of rights and responsibilities. People’s ability to enjoy their human rights depends on other people respecting those rights. This means that human rights involve responsibility and duties towards other people and the community. Individuals have a responsibility to ensure that they exercise their rights with consideration for the rights of others. For example, when someone uses their right to freedom of speech, they should do so without interfering with someone else’s right to privacy.

Governments have a particular responsibility to ensure that people can enjoy their rights. They must establish and maintain laws and services that enable people to enjoy a life in which their rights are respected and protected. For example, the right to education says that everyone is entitled to a good education. Therefore, governments must provide good quality education facilities and services to their people. If the government fails to respect or protect their basic human rights, people can take it into account.

Values of tolerance, equality and respect can help reduce friction within society. Putting human rights ideas into practice can help us create the kind of society we want to live in. There has been tremendous growth in how we think about and apply human rights ideas in recent decades. This growth has had many positive results – knowledge about human rights can empower individuals and offer solutions for specific problems.

Human rights are an important part of how people interact with others at all levels of society – in the family, the community, school, workplace, politics and international relations. Therefore, people everywhere must strive to understand what human rights are. When people better understand human rights, it is easier for them to promote justice and the well-being of society. 

Also Read: Important Articles in Indian Constitution

Here is a human rights essay focused on India.

All human beings are born free and equal in dignity and rights. It has been rightly proclaimed in the American Declaration of Independence that “all men are created equal, that they are endowed by their Created with certain unalienable rights….” Similarly, the Indian Constitution has ensured and enshrined Fundamental rights for all citizens irrespective of caste, creed, religion, colour, sex or nationality. These basic rights, commonly known as human rights, are recognised the world over as basic rights with which every individual is born.

In recognition of human rights, “The Universal Declaration of Human Rights was made on the 10th of December, 1948. This declaration is the basic instrument of human rights. Even though this declaration has no legal bindings and authority, it forms the basis of all laws on human rights. The necessity of formulating laws to protect human rights is now being felt all over the world. According to social thinkers, the issue of human rights became very important after World War II concluded. It is important for social stability both at the national and international levels. Wherever there is a breach of human rights, there is conflict at one level or the other.

Given the increasing importance of the subject, it becomes necessary that educational institutions recognise the subject of human rights as an independent discipline. The course contents and curriculum of the discipline of human rights may vary according to the nature and circumstances of a particular institution. Still, generally, it should include the rights of a child, rights of minorities, rights of the needy and the disabled, right to live, convention on women, trafficking of women and children for sexual exploitation etc.

Since the formation of the United Nations , the promotion and protection of human rights have been its main focus. The United Nations has created a wide range of mechanisms for monitoring human rights violations. The conventional mechanisms include treaties and organisations, U.N. special reporters, representatives and experts and working groups. Asian countries like China argue in favour of collective rights. According to Chinese thinkers, European countries lay stress upon individual rights and values while Asian countries esteem collective rights and obligations to the family and society as a whole.

With the freedom movement the world over after World War II, the end of colonisation also ended the policy of apartheid and thereby the most aggressive violation of human rights. With the spread of education, women are asserting their rights. Women’s movements play an important role in spreading the message of human rights. They are fighting for their rights and supporting the struggle for human rights of other weaker and deprived sections like bonded labour, child labour, landless labour, unemployed persons, Dalits and elderly people.

Unfortunately, violation of human rights continues in most parts of the world. Ethnic cleansing and genocide can still be seen in several parts of the world. Large sections of the world population are deprived of the necessities of life i.e. food, shelter and security of life. Right to minimum basic needs viz. Work, health care, education and shelter are denied to them. These deprivations amount to the negation of the Universal Declaration of Human Rights.

Also Read: Human Rights Courses

Check out this detailed 1500-word essay on human rights.

The human right to live and exist, the right to equality, including equality before the law, non-discrimination on the grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment, the right to freedom of speech and expression, assembly, association, movement, residence, the right to practice any profession or occupation, the right against exploitation, prohibiting all forms of forced labour, child labour and trafficking in human beings, the right to freedom of conscience, practice and propagation of religion and the right to legal remedies for enforcement of the above are basic human rights. These rights and freedoms are the very foundations of democracy.

Obviously, in a democracy, the people enjoy the maximum number of freedoms and rights. Besides these are political rights, which include the right to contest an election and vote freely for a candidate of one’s choice. Human rights are a benchmark of a developed and civilised society. But rights cannot exist in a vacuum. They have their corresponding duties. Rights and duties are the two aspects of the same coin.

Liberty never means license. Rights presuppose the rule of law, where everyone in the society follows a code of conduct and behaviour for the good of all. It is the sense of duty and tolerance that gives meaning to rights. Rights have their basis in the ‘live and let live’ principle. For example, my right to speech and expression involves my duty to allow others to enjoy the same freedom of speech and expression. Rights and duties are inextricably interlinked and interdependent. A perfect balance is to be maintained between the two. Whenever there is an imbalance, there is chaos.

A sense of tolerance, propriety and adjustment is a must to enjoy rights and freedom. Human life sans basic freedom and rights is meaningless. Freedom is the most precious possession without which life would become intolerable, a mere abject and slavish existence. In this context, Milton’s famous and oft-quoted lines from his Paradise Lost come to mind: “To reign is worth ambition though in hell/Better to reign in hell, than serve in heaven.”

However, liberty cannot survive without its corresponding obligations and duties. An individual is a part of society in which he enjoys certain rights and freedom only because of the fulfilment of certain duties and obligations towards others. Thus, freedom is based on mutual respect’s rights. A fine balance must be maintained between the two, or there will be anarchy and bloodshed. Therefore, human rights can best be preserved and protected in a society steeped in morality, discipline and social order.

Violation of human rights is most common in totalitarian and despotic states. In the theocratic states, there is much persecution, and violation in the name of religion and the minorities suffer the most. Even in democracies, there is widespread violation and infringement of human rights and freedom. The women, children and the weaker sections of society are victims of these transgressions and violence.

The U.N. Commission on Human Rights’ main concern is to protect and promote human rights and freedom in the world’s nations. In its various sessions held from time to time in Geneva, it adopts various measures to encourage worldwide observations of these basic human rights and freedom. It calls on its member states to furnish information regarding measures that comply with the Universal Declaration of Human Rights whenever there is a complaint of a violation of these rights. In addition, it reviews human rights situations in various countries and initiates remedial measures when required.

The U.N. Commission was much concerned and dismayed at the apartheid being practised in South Africa till recently. The Secretary-General then declared, “The United Nations cannot tolerate apartheid. It is a legalised system of racial discrimination, violating the most basic human rights in South Africa. It contradicts the letter and spirit of the United Nations Charter. That is why over the last forty years, my predecessors and I have urged the Government of South Africa to dismantle it.”

Now, although apartheid is no longer practised in that country, other forms of apartheid are being blatantly practised worldwide. For example, sex apartheid is most rampant. Women are subject to abuse and exploitation. They are not treated equally and get less pay than their male counterparts for the same jobs. In employment, promotions, possession of property etc., they are most discriminated against. Similarly, the rights of children are not observed properly. They are forced to work hard in very dangerous situations, sexually assaulted and exploited, sold and bonded for labour.

The Commission found that religious persecution, torture, summary executions without judicial trials, intolerance, slavery-like practices, kidnapping, political disappearance, etc., are being practised even in the so-called advanced countries and societies. The continued acts of extreme violence, terrorism and extremism in various parts of the world like Pakistan, India, Iraq, Afghanistan, Israel, Somalia, Algeria, Lebanon, Chile, China, and Myanmar, etc., by the governments, terrorists, religious fundamentalists, and mafia outfits, etc., is a matter of grave concern for the entire human race.

Violation of freedom and rights by terrorist groups backed by states is one of the most difficult problems society faces. For example, Pakistan has been openly collaborating with various terrorist groups, indulging in extreme violence in India and other countries. In this regard the U.N. Human Rights Commission in Geneva adopted a significant resolution, which was co-sponsored by India, focusing on gross violation of human rights perpetrated by state-backed terrorist groups.

The resolution expressed its solidarity with the victims of terrorism and proposed that a U.N. Fund for victims of terrorism be established soon. The Indian delegation recalled that according to the Vienna Declaration, terrorism is nothing but the destruction of human rights. It shows total disregard for the lives of innocent men, women and children. The delegation further argued that terrorism cannot be treated as a mere crime because it is systematic and widespread in its killing of civilians.

Violation of human rights, whether by states, terrorists, separatist groups, armed fundamentalists or extremists, is condemnable. Regardless of the motivation, such acts should be condemned categorically in all forms and manifestations, wherever and by whomever they are committed, as acts of aggression aimed at destroying human rights, fundamental freedom and democracy. The Indian delegation also underlined concerns about the growing connection between terrorist groups and the consequent commission of serious crimes. These include rape, torture, arson, looting, murder, kidnappings, blasts, and extortion, etc.

Violation of human rights and freedom gives rise to alienation, dissatisfaction, frustration and acts of terrorism. Governments run by ambitious and self-seeking people often use repressive measures and find violence and terror an effective means of control. However, state terrorism, violence, and human freedom transgressions are very dangerous strategies. This has been the background of all revolutions in the world. Whenever there is systematic and widespread state persecution and violation of human rights, rebellion and revolution have taken place. The French, American, Russian and Chinese Revolutions are glowing examples of human history.

The first war of India’s Independence in 1857 resulted from long and systematic oppression of the Indian masses. The rapidly increasing discontent, frustration and alienation with British rule gave rise to strong national feelings and demand for political privileges and rights. Ultimately the Indian people, under the leadership of Mahatma Gandhi, made the British leave India, setting the country free and independent.

Human rights and freedom ought to be preserved at all costs. Their curtailment degrades human life. The political needs of a country may reshape Human rights, but they should not be completely distorted. Tyranny, regimentation, etc., are inimical of humanity and should be resisted effectively and united. The sanctity of human values, freedom and rights must be preserved and protected. Human Rights Commissions should be established in all countries to take care of human freedom and rights. In cases of violation of human rights, affected individuals should be properly compensated, and it should be ensured that these do not take place in future.

These commissions can become effective instruments in percolating the sensitivity to human rights down to the lowest levels of governments and administrations. The formation of the National Human Rights Commission in October 1993 in India is commendable and should be followed by other countries.

Also Read: Law Courses in India

Human rights are of utmost importance to seek basic equality and human dignity. Human rights ensure that the basic needs of every human are met. They protect vulnerable groups from discrimination and abuse, allow people to stand up for themselves, and follow any religion without fear and give them the freedom to express their thoughts freely. In addition, they grant people access to basic education and equal work opportunities. Thus implementing these rights is crucial to ensure freedom, peace and safety.

Human Rights Day is annually celebrated on the 10th of December.

Human Rights Day is celebrated to commemorate the Universal Declaration of Human Rights, adopted by the UNGA in 1948.

Some of the common Human Rights are the right to life and liberty, freedom of opinion and expression, freedom from slavery and torture and the right to work and education.

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240 Human Rights Essay Topics & Examples

Whether you’re interested in exploring enduring issues, social justice, or democracy, see the ideas below. Along with human rights topics for essays and other papers, our experts have prepared writing tips for you.

  • ✅ Tips for Writing Essays on Human Rights

🏆 Best Human Rights Topic Ideas & Essay Examples

🥇 most interesting human rights topics for essays, 🎓 simple & easy human rights essay topics, 💡 great human rights research topics, 🔎 interesting topics to write about human rights, ❓ essay questions on human rights.

If you’re starting a discussion on human rights, essay examples on the subject can really help you with argumentation. And if you’re assigned to come up with a research paper or speech on it, a good idea is a must for an excellent grade. Good thing you’ve found this list of human rights essay topics!

✅ 9 Tips for Writing Essays on Human Rights

The recognition of people’s rights through proper laws preserves human dignity. This broadness means that human rights essay topics range in scope drastically, requiring you to bring together different kinds of ideas in a single paper.

Thus, you may need to keep in mind particular tips, from structural advice to correct terminology, to write an excellent human rights essay.

Do your research before you start working on your outline. Searching for book and journal titles beforehand will not only help you understand your topic better but also help you structure your thoughts, affecting your structure for the better.

Compiling a bibliography early will also save you from the mess, which comes from ordering and standardizing your sources as you go.

After you have your reference page ready, draft a human rights essay outline.

Make it as detailed or as simple as you need, because what is essential is that you divide your topics evenly between your paragraphs or subheadings.

Doing so will ensure that you have a comprehensive essay that helps advance academic knowledge on a particular subject, rather than an overpowered paper aimed at a single problem.

Write your thesis statement as your final prewriting step. Excellent thesis examples should state the theme explicitly and leave your reader with an accurate understanding of what you are trying to achieve in your paper.

Skipping or ignoring this phase may leave your work disoriented and without a definite purpose.

Keep in mind your chosen human rights essay questions when writing. Going off theme will never get you good marks with your instructor.

If you are writing from a cultural relativism point of view, then do you have the word-count to argue about moral relativism? Do not forget that everything you write should advance your central thesis and never undermine it!

Get a good grasp on the relevant terminology. Confusing human nature with the human condition is never a good start to a paper that aspires to shed light on one subject or the other.

You can start writing down the terms that you find useful or intriguing during your research phase to help you gain a better understanding of their meaning.

Understand the correct time and place to qualify or refute certain statements. Arguing against the children’s right to basic needs may never be appropriate in an academic setting. Acknowledge the arguable cases, and subvert these to your benefit, as an essayist.

Interest your audience with essay hooks and exciting facts. Academia is not a dull place, and your readers may find themselves more willing to engage with your work if they find it enjoyable, rather than dry and formalistic. Doing so will also demonstrate your good grasp on the subject!

Remain respectful of your chosen case, and remember that you are writing about a subject that experiences hundreds of daily violations.

Recognizing the dangerous nature of your paper will not only help you separate beneficial facts from superficial ones but may also allow you to hone your academic integrity.

Read sample essays online to gain a better understanding of what essay mechanics will work and which you can leave unused. This extra reading may also give you good human rights essay ideas to begin writing your paper!

However, remember that plagiarism is a punishable offense, unlike the simple act of becoming inspired by others’ work. Want to see some samples? Head over to IvyPanda and jump-start your paper!

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  • Malala Yousafzai – Pakistani Human Rights Activist The world learned about the girl after a gunman burst into a school bus and shot the girl in the head, thereby avenging her criticism of the Taliban and neglecting the prohibition to attend school.
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  • Human Rights in the Movie Escape From Sobibor As a result of the escape, the Nazi Authorities were made to shutdown the camp and planted trees The Second World War was a period during which a lot of violations of the human rights […]
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  • Social Media: A Force for Political and Human Rights Changes Worldwide In this essay, I will discuss the effectiveness of traditional media and social media, and how social media has a better participation in changing the world in terms of politics and human rights.
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  • Human Rights Violations in Today’s World This paper addresses questions regarding human rights, including the United Nations’ involvement in enforcing those rights violations and the role of non-governmental organizations in addressing the issue.
  • What Are Human Rights? Nevertheless, even though that nowadays the concept of ‘human rights’ is being commonly discussed, as such that applies to all people, regardless of what happened to be the specifics of their ethno-cultural affiliation and their […]
  • Debate Between John Stuart Mill and Immanuel Kant Theories on the Sources of Human Rights The paper looks at how the two philosophers qualify their teachings as the origins of human rights, and concludes that the moral philosophy of Kant is better than that of Mills.
  • Freedom from Poverty as a Human Right and the UN Declaration of Human Rights This reveals the nature of the interrelatedness of the whole boy of human rights and the need to address human rights in that context.
  • Human Rights, Education and Awareness But the progress is underway, and while there is still much to be done in terms of securing even the basic human rights, the strategies and the general principles of achieving equality can be outlined.
  • Torture and Human Rights Violation The researcher notes that the government never provided a clear explanation of the events and their position on the possibility of resorting to torture.
  • The concept of Human Rights Many of the fundamental initiatives, which animated the human rights movement, emerged in the after effects of the World War II and the mayhem of the Holocaust, leading to the legitimation of the Universal Declaration […]
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  • Strategic Planning: Human Rights Watch The company’s competitive position represents the largest coverage of countries in various areas: monitoring military conflicts, protecting access to medicine, addressing and the rights of vulnerable segments of the population.
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  • The Native Human Rights: Intergenerational Trauma Following are some strategies for addressing Indian citizens’ unique status, ways in which the fundamental right of Indians adheres, the practice of civil rights, the right to ownership of water, the right to be allowed […]
  • Human Rights Reforms in the Arab World In modern history, the theme of human rights reformations in the Arab World has been influenced by the French and America Revolutions.
  • Freedom of Speech as a Basic Human Right Restricting or penalizing freedom of expression is thus a negative issue because it confines the population of truth, as well as rationality, questioning, and the ability of people to think independently and express their thoughts.
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  • The Absolute Human Right Not to Be Tortured The case against the prohibition of absoluteness contrary to torment and associated types of cruelty in universal law queries the ethical and legal conventions that form the foundation of the event of terrorism.
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  • Bridging the Line Between a Human Right and a Worker’s Choice Workers’ rights, in that sense, constitute one of the most important aspects of the human rights issue because many workers are willing to face peril if the market is able to pay a sufficient price.
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  • Labor and Monopoly. Human Rights Simultaneously, the laborers do not enjoy any control on design and production over the work, thus, the staff are uncomfortable with their work. However, in the case of flight attendants, the profession is different in […]
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  • Human Rights in Islam and West Instead, it would stick to drafting standards and stay out of the actual developments and problems of the Stalinist Soviet Union, the United Kingdom and its colonies, and the segregationist United States and other powers […]
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  • Joseph Kony’s Violations of Human Rights Even so, conflicts in the 21st century are unique in that the warring parties are obliged to follow some rules of engagement and to respect human rights.
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Argument on Human Rights Violations

Introduction.

Human rights are vital to our society as they define the basic values everyone should live by regardless of their countries, ethnic groups, religions, or gender. Human rights are a broad concept consisting of numerous principles, the most common being the right to life, the freedom of speech, and the freedom from discrimination. Nevertheless, the world is still dealing with many human rights abuses, thus increasing questions about global dedication to protecting such important rights. This paper seeks to discuss the pros and cons of the issue of human rights violations to help understand the intricacy of this global problem.

Pro Argument: Raising Awareness and Accountability

A key benefit of raising issues of human rights abuses is the knowledge it creates on such matters. The role of advocacy and activism in making the violations known within a country or around the world is very important. So when society concentrates on such violations, international pressure on the offending governments or entities is higher. This force can yield good results, as evidenced in the liberty of political prisoners, eliminating discriminatory practices, or adopting fair, reasonable, and just policies.

Moreover, human rights violation talk makes people liable. If people who commit offences are responsible for their actions, maybe justice will prevail, and such unacceptable matters will not be allowed again (Vian, 2020) Mechanisms of accountability, such as international tribunals and the use of sanctions, have helped solve cases of human rights abuses in any part of the world.

Con Argument: Cultural Relativism and Sovereignty

On the other hand, some critics have pointed out that the discourse usually ends in cultural relativism. In addition, they claim that insisting on the imposition of Western values and standards on non-Western countries manifests ethnocentrism with little cultural consciousness. According to these critics, this right could be interpreted differently in some societies, and therefore, these societies must be respected for their sovereignty when considering their local issues.

Also, the requirement for sovereignty is observed as a counterargument used to reject the issue of international intervention in violation of human rights. It is stated that interference from outside bodies is not desired as the governments claim that they can settle their issues because human rights violations are an inner issue. Such an argument, therefore, raises a moral impasse as it is a need for a nation to have the sovereign right to govern itself independently (Rodrigues, 2020). At the same time, there is also a need to halt gross human rights violations.

Pro Argument: Global Responsibility and Solidarity

Supporters of eliminating human rights abuses internationally highlight the interdependence of the world. They say that the borders of the nation-state do not confine human rights but are global and should be protected by the international community. Through solidarity with victims of human rights violations and collective action, the international community could show its determination to end the issue.

In addition, focusing on human rights violations can contribute to stability and peace. Nations with superior human rights are usually considerably stable and, as a result, significantly less likely to suffer unrest. Consequently, dealing with violations contributes to international peace and security. Therefore, it is a global duty to intervene where necessary.

Con Argument: Selective Intervention and Political Motives

The criticism of global interventions in human rights violations focuses on selective intervention. They contend that behind human rights interventions, there is mostly an agenda of powerful nations that use people’s rights as an excuse for pursuing their political and economic interests. This selectivity will likely affect the credibility of international efforts to curb human rights violations.

Additionally, some doubters doubt the power of international mechanisms and institutions to address these human rights violations. They contend that these mechanisms can be clumsy, procedural, and manipulable by major states (Terman and Byun, 2022). Therefore, not all international interventions will necessarily work in the same way, making them sometimes not favour the outcomes they were supposedly intended for and even worsening a dispute setting the status quo.

The question of human rights violations is difficult and controversial, with both sides having good points to make. Although advocating for the rights of humans plays a vital role in establishing a fairer and more equated world, the complications involved in crossing international boundaries to intervene in the internal affairs of sovereign states must always be kept in mind. Maintaining a just balance through cultural diversity and applying human rights values that transcend cultural diversity Standards has long been challenging for the world community. However, the discourse and argumentation regarding this issue are needed to resolve and deter human rights abuses, allowing a more just and civilized world society.

Rodrigues, R. (2020). Legal and human rights issues of AI: Gaps, challenges and vulnerabilities.  Journal of Responsible Technology ,  4 , 100005. https://www.sciencedirect.com/science/article/pii/S2666659620300056

Terman, R., & Byun, J. (2022). Punishment and politicization in the international human rights regime.  American Political Science Review ,  116 (2), 385-402. https://www.cambridge.org/core/journals/american-political-science-review/article/punishment-and-politicization-in-the-international-human-rights-regime/BB3950F5CE11B6F01463370457EBF2FC

Vian, T. (2020). Anti-corruption, transparency and accountability in health: concepts, frameworks, and approaches.  Global health action ,  13 (sup1), 1694744. https://www.tandfonline.com/doi/abs/10.1080/16549716.2019.1694744

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Article contents

What helps protect human rights: human rights theory and evidence.

  • Jessica Anderson Jessica Anderson Department of Political Science, University of Missouri
  •  and  Amanda Murdie Amanda Murdie Department of International Affairs, University of Georgia
  • https://doi.org/10.1093/acrefore/9780190228637.013.513
  • Published online: 24 May 2017

Empirical international relations (IR) theory developed three generalized statements regarding why human rights abuses occur. First, human rights abuses are a way for an unrestrained state, especially the executive branch and its agents, to try to control individuals and hold on to power. Second, respect for human rights is an international norm, and international socialization and pressure about this norm can, in certain situations, affect behavior. Third, the codification of human rights norms into international treaties may influence behavior but, similar to our understanding of the effect of other treaties on state behavior, states only bind themselves weakly, and certain conditions are necessary for treaties to affect human rights.

  • Human rights
  • norm life cycle
  • human rights treaties
  • international nongovernmental organizations (INGOs)
  • empirical international relations theory

Introduction

Amnesty International, a leading organization specializing in advocacy to end human rights abuses, recently released accounts of horrendous abuses to political prisoners in Vietnam (Amnesty International, 2016 ). Peaceful demonstrators and outspoken minorities had been imprisoned, tortured, and “disappeared” for their beliefs and the supposed threat that they posed to the regime. Even though Vietnam ratified the United Nation’s Convention Against Torture (CAT) in 2015 , dozens of individuals are still imprisoned and tortured there for the peaceful expression of their political beliefs.

Since the end of World War II, much attention has been paid to stopping abuses like those that occurred in Vietnam. Global and regional human rights treaties have been ratified, and concerns about human rights abuses have sparked many foreign policy actions. A vibrant and connected network of human rights advocates and organizations has fought tirelessly for the abused and have expanded our understanding of what human rights means and what protections should be expected. Despite all of this, most countries in the world still have evidence of abuses within their borders.

This article examines why human rights abuse occurs and what can be done to help protect human rights. In the last 30 years, there has been an explosion of human rights–related scholarship in leading international relations (IR) journals (Murdie, 2015 ). This literature has drawn on many theoretical traditions and paradigms and has enriched both the general IR literature and more human rights–specific scholarship.

We do not attempt to review all the international relations literature on human rights abuses; other scholars have recently produced very thorough reviews of the extant literature (Davenport, 2007 ; Goodman, Jinks, & Woods, 2012 ; Hafner-Burton & Ron, 2009 ; Hafner-Burton, 2012 , 2014 Landman, 2005 ; Morgan, 2009 ; ). Instead, this article attempts to review some of the human rights empirical literature in international relations and situate this literature into a set of general theoretical statements about why human rights abuses occur. We hope that this exercise will help in improving and expanding empirical IR theory related to this topic.

In general, IR scholars have made three large-scale theoretical statements:

Human rights abuses are a way for an unrestrained state, especially the executive branch and its agents, to try to control individuals and hold on to power.

Respect for human rights is an international norm, and international socialization and pressure about this norm can affect behavior in certain situations.

The codification of human rights norms into international treaties may influence behavior but, similar to our understanding of the effect of other treaties on state behavior, states only bind themselves weakly, and certain conditions are necessary for treaties to affect human rights.

After defining human rights in more detail, we outline the empirical literature that supports these theoretical statements. To note, however, human rights research is not confined to IR or political science; rather, it is also examined through the fields of sociology, anthropology, economics, history, psychology, and law (Morgan, 2009 ). Thus, the study of human rights is an interdisciplinary study in a way that most fields within international relations are not. Within political science, human rights research reaches across the boundary between international relations and comparative politics. Full understanding of human rights situations requires understanding the domestic factors and characteristics of bureaucracies more commonly discussed in research within the comparative politics subfield. At the same time, attempts to limit or prevent human rights often involve the international community in the drafting of treaties, the foreign policy between states, and the flow of global norms about human rights practices. Thus, understanding why human rights abuses occur requires understanding the elements of both comparative politics and international relations. We see this as an advantage in the study of human rights. IR scholars can utilize theories from comparative politics and disciplines outside of political science to create a more complete understanding of human rights situations and produce research that speaks to a broad audience of scholars and individuals outside the academic world.

What Are Human Rights?

Much of our current understanding of human rights is based on international law, especially on the conception of rights included within the United Nation’s nonbinding Universal Declaration of Human Rights (UDHR), adopted in 1948 . This document creates a list of what is now commonly accepted as individual rights, including political rights; civil rights; social, economic, and cultural rights; and more broadly conceptualized rights of development and freedom from poverty, which also fit under the umbrella term of human rights (Landman, 2006 ).

The Emphasis on Physical Integrity Rights

The UDHR specifies the rights of individuals in 30 separate articles, addressing a range of rights from the “right to life, liberty, and security of person” (art. 3) to “the right to rest and leisure” (art. 23). Our collective understanding of which rights are included as human rights has expanded over time. Recently, advocacy related to human rights has included rights related to access to the Internet and sexual minority rights [i.e., lesbian, gay, bisexual, transgender, and questioning (LGBTQ) rights], among others.

Although the concept of human rights includes a wide range of rights, much of the research on human rights within IR focuses on a very narrow set of rights, often referred to as physical integrity or bodily integrity rights . In addition, most of the focus within international relations has focused specifically on abuses of these rights on citizens of a specific state by governmental actors from this state. Abuses by fellow citizens or nonstate actors, like corporations or rebel movements, have often been ignored. 1 Similarly, abuses by government actors beyond their own state borders have also received little attention in the IR scholarship, despite horrific accounts of abuses by military interveners and peacekeepers, among others.

Physical integrity rights are conceptualized as “freedom from” rights, and they typically include being free from extrajudicial killing, the use of torture, political imprisonment, and disappearance. To respect these rights, governments need only restrain from violating them; hence, they are sometimes called negative rights . On the other hand, in order to respect positive rights , like the right to education or the right to health, the state must provide resources or services. The study of these positive rights has primarily been done by political economists, often without a human rights frame. It is worth noting, however, that there is a growing number of IR studies on rights beyond physical integrity rights, like women’s rights and labor rights (e.g., Detraz & Peksen, 2016 ; Peksen & Blanton, 2017 ). This expansion of the types of rights examined by IR scholars holds great promise for a more encompassing theory of human rights practices and for additional inquiry into why some states may perform well on certain rights, but not on others.

Many human rights scholars rely on a small number of quantitative measures to capture physical integrity rights practices. One of the most prominent is the CIRI Physical Integrity Rights Index (Cingranelli, Richards, & Clay, 2014 ). This composite measure captures observable state practices regarding the use of torture, extrajudicial killings, disappearances, and political imprisonment during a given year (Cingranelli & Richards, 2010 ). The Political Terror Scale (PTS) is a similar measure that is widely used (Wood & Gibney, 2010 ). Both of these measures are created by using information from yearly reports released by the U.S. State Department and Amnesty International. The use of such measures makes it much easier to conduct empirical analyses across a global sample of states for a long period of time. However, it is important to remember that these measures capture only a small range of human rights practices. Although this is a limitation, current research has allowed scholars to understand many of the reasons why states abuse these physical integrity rights and propose solutions to prevent abuses. Similarly, these measures may not account for the changing standard of accountability over time, leading scholars to conclude (erroneously) that there have been no improvements in state practices over time (Fariss, 2014 ). 2

Human Rights Abuses and the State

One of the most common assumptions in international relations and comparative politics concerns the desire of a regime leader to remain in power (Bueno de Mesquita, Smith, Siverson, & Morrow, 2003 ; Chiozza & Goemans, 2004 ). A leader makes calculated decisions to remain in power or to ensure that his or her political party does. Human rights abuses are one “tool” that leaders can use to try to hold on to political power. If a regime is threatened, a leader can use his or her control of security forces to violate the human rights of citizens within the state. Abuses are designed to increase the cost that a possible dissident would face for violently (or even nonviolently) challenging the leader, hopefully cutting off dissent before it occurs (Ritter & Conrad, 2016 ). Davenport ( 2007 , p. 7) calls this the “law of coercive responsiveness.” In general, the law leads us to expect to see repression increase as opposition to the regime leadership increases within a state, and to expect to see repression increase as the regime faces threats to its power from abroad, especially in cases involving international war. States engaged in international war must respond to these external threats and any internal threats at the same time, constraining the resources available to the state. This means that even states that otherwise may have granted concessions to citizens will be more likely to respond to their demands with repression while engaged in international conflict due to the need to commit resources to facing international foes (Rasler, 1986 ). In general, this logic explains why there is such a strong empirical link between international and civil war and repression; when a state is threatened militarily, a government will respond with repression in order to control the population, try to extract information from that population that could help it remain in power, or both (Poe & Tate, 1994 ).

Given that the law of coercive responsiveness would lead us to expect an increase in repression whenever a leader is threatened, perhaps the question is not so much why states abuse human rights as it is why some states abuse the human rights of their citizens more than other states. Abuses are a common response by a threatened leader who has the power to control security forces. It is with this thought in mind that we now turn to a variety of state characteristics that are associated with differences in human rights performance and reflect this underlying theoretical logic.

Regime Type

It has long been suggested that democratic regimes are associated with better human rights, and this suggestion has received a great deal of empirical support. There are a number of explanations for why democracies might have greater respect for human rights. First, democracies allow the peaceful turnover of power. The political institutions of a democratic government are composed of citizens, and they are approved by citizens through the process of voting. Elections provide citizens with a legitimate channel through which to remove leaders from power without resorting to political violence (Davenport, 1999 ). When leaders regularly face the possibility of being removed from power by their constituents, they are more beholden to their constituents’ wishes. This will force leaders to show greater respect for human rights because there is a regular risk of being removed from office if citizens are unhappy with their leadership and their use of repression.

However, not all democratic regimes are equal (Bueno de Mesquita et al., 2005 ). Simply holding an election does not necessarily make a state a democracy. If elections are not free and fair, then they fail to hold leaders accountable or to convey the grievances of the population to the regime’s leadership. Only when elections are free and fair with more than one choice do they force leaders to be accountable to their citizens and potentially limit human rights abuses. Further, there is much research questioning whether elections alone are enough to affect human rights practices (Cingranelli & Filippov, 2010 ; Davenport, 1997 ; Richards, 1999 ; ). Richards and Gelleny ( 2007 ), for example, find that national legislative elections improve human rights only in the year following the election. Presidential elections are associated with less respect for human rights, something that Richard and Gelleny ( 2007 , p. 520) claim is linked to the “rigidity and winner-take-all structure of many presidential systems.”

Elections are only one aspect of democracies that has been potentially linked to better human rights practices. Institutional constraints and channels of regularized communication also matter. Democracy is often conceptualized not only by free elections, but also by constraints on an executive’s power. As Hafner-Burton, Hyde, and Jablonski ( 2012 ) show, an unconstrained leader may be more likely to use violence around an election. Judicial constraints have been found to limit the use of torture; although these same constraints may make leaders less likely to ratify the CAT (Powell & Staton, 2009 ). Conrad and Moore ( 2010 ), however, conclude that institutions that constrain executives, such as freedom of expression or institutional checks, may not be enough to stop torture when a regime is threatened. Recent work has highlighted how the creation of national human rights ombudsmen or institutional offices can constrain executives by providing a regularzed way for abuses to be publicized and adjudicated (Smith, 2006 ; Welch, 2017 ).

Democracies have more channels for communication and compromise between regime leaders and the opposition than do autocracies, meaning that there are usually more available alternatives to repression that would still limit the possibility of threat to the leadership (Henderson, 1991 ). Political opposition is theorized to develop through grievances from citizens who feel that they are receiving less than they expect and that the government is responsible for their plight (Gurr, 1968 ). In democracies, citizens have more institutionalized channels through which to get their grievances heard by the regime. Citizens in democracies are also much more likely to have their demands met, as leaders in democracies that do not address such grievances are unlikely to stay in office. Citizens in autocracies may demand greater participation in decision-making, greater freedom in criticizing leadership, or pressure for more transparent government, but these calls for reform are unlikely to be met, as that would require autocratic leaders to relinquish power. Further, autocracies draw their power from a very small group of political elites and must provide private goods to these elites in order to stay in power. Democratic leaders have a greater incentive to pursue policies that benefit large segments of society, as they need the political support of a much larger group (Bueno de Mesquita et al., 2003 ). As demands are less likely to be met though concessions in autocracies, political opposition is more likely to be handled with repression (Davis & Ward, 1990 ).

When opposition threatens the power of autocratic leaders, who may not depend at all on winning the votes of members of the opposition, they will likely use repression in an attempt to silence this opposition; this was part of what Davenport ( 2007 , p. 7) calls the “law of coercive responsiveness.” However, as he continues, there is a “puzzle” (p. 8) about whether the abuse will actually limit dissent: even though leaders utilize repression to coerce political opposition into submission, these actions can paradoxically incite further opposition. This reveals an endogenous relationship between protest and repression that is found in many autocratic states. Political opposition feeds into higher degrees of repression, which increases political opposition, leading the cycle to repeat (Pierskalla, 2010 ; Rasler, 1996 ; Ritter, 2014 ; Thoms & Ron, 2007 ). Repression also increases the grievances formed by citizens, possibly causing them to engage in more violent forms of opposition. When repression against citizens is severe, it can lead to terrorism against the state and even full-fledged civil war (Bell, Cingranelli, Murdie, & Caglayan, 2013 ; Thoms & Ron, 2007 ). In response, the government will utilize more severe forms of repression in an attempt to quash the rebellion, continuing until either the opposition is completely eradicated or the government is forced from power.

Another argument for the empirical connection between democracy and better human rights performance centers on the norms and expectations of behavior in democratic regimes. Democratic regimes have strong norms of nonviolence; these norms could influence how leaders in democratic regimes use violence, both domestically and internationally (Hegre, 2001 ; Maoz & Russett, 1993 ; Risse-Kappen, 1995 ). Research also suggests that better human rights practices domestically may create norms of engagement that limit international conflict (Caprioli & Trumbore, 2003 , 2006 ; Peterson & Graham, 2011 ; Sobek, Abouharb, & Ingram, 2006 ; Tomz & Weeks, 2016 ).

Although there are many empirical theories about the relationship between democracy and human rights practices, extant research suggests a few important caveats. First, this relationship is not necessarily linear. Scholars have noted that complete autocracies—those that we would expect to exercise the most political repression—tend to exercise relatively little repression (Davenport & Armstrong, 2004 ; Fein, 1995 ). Fein ( 1995 , p. 170) argues that there is “more murder in the middle,” in that there is a U-shaped relationship between regime type and repression, suggesting that states that are neither strong democracies nor strong autocracies have the greatest likelihood to use repression. Davenport and Armstrong ( 2004 ) point out, however, that it is more of a threshold relationship, with only consolidated democracies limiting repression.

Second, just as not all democracies are equal in their human rights performance, there also are differences between authoritarian regimes. Vreeland ( 2008 ) finds that dictatorships with multiple political parties, indicative of shared power, are more likely to both commit torture and ratify the CAT. Vreeland ( 2008 ) argues that this is due to how shared power emboldens potential dissidents, creating opportunities for torture, but also likely leading to concessions like treaty ratification. Conrad ( 2011 ) finds, however, that effective judiciaries can constrain dictators in their use of torture.

Finally, it is important to acknowledge that democracy and human rights, especially the physical integrity rights most typically studied by IR scholars, are conceptually related. Hill ( 2016 ) argues that some definitions of democracy include freedom from repression as a key component, cautioning scholars to be careful about their definition of democracy and that this definition is conceptually distinct from physical integrity rights performance.

State Wealth

Beyond regime type, one of the most consistent findings within the literature on human rights suggests that wealthy states abuse human rights less often than poor states. 3 However, scholars have disagreed on exactly why economic development is associated with better protection of human rights. First, wealthy states might have less need to use repression. As Henderson ( 1991 ) states, we expect to see fewer grievances in wealthy states, since citizens should be more satisfied with their standard of living. As discussed previously, repression is often used as a response to opposition, making it unnecessary when opposition is lacking. Also, wealthier states have a greater ability to grant concessions to citizens in the form of goods and services rather than resorting to repression (Conrad, 2011 ; Davenport, 2007 ). Thus, wealthier states should see less political opposition and also have means of dealing with opposition other than resorting to repression.

Economic development, especially development tied to globalization, is also linked to changes in the way that society is structured within a state, which can affect human rights practices. Richards, Gelleny, and Sacko ( 2001 ) discuss the two main schools that provide expectations about the relation between globalized economic development and human rights practices, referred to as the liberal neoclassical and dependency schools. The liberal neoclassical school suggests that a globalized economy will lead to enhanced wealth across a society, leading to the creation of a middle class. When the middle class develops greater wealth, they are able to devote more time and resources to their demands against the state. This access to greater resources is necessary for a social opposition movement to succeed (Zald & McCarthy, 1987 ). While this increase in the strength of opposition may initially lead to enhanced use of repression, eventually the government will be unable to effectively quash opposition that is well funded and supported throughout society. Thus, grievances in countries that are amassing wealth are more likely to be addressed by governments, and human rights behavior is more likely to improve.

The second main school that links a globalized economy and human rights practices is the dependency school, which argues that poor states often do not evenly distribute the gains from globalization to the general population, instead concentrating increased wealth in the hands of political elites. This allows these elites to expand their use of repression as a response to political opposition, increasing human rights violations. In addition, by increasing the wealth of only the elites, those living in poverty develop stronger grievances about their deprivation, leading to more low-level opposition as a response, followed by more repression (Davenport, 2007 ).

Dependency theory is a particularly powerful tool in explaining the human rights records of states that draw their wealth from natural resources such as oil (DeMeritt & Young, 2013 ). Oil is extremely expensive to extricate, meaning that the ability to control oilfields is limited to those with substantial economic and human resources. This, coupled with the tremendous wealth that can be gained from the sale of oil, provides a unique opportunity for governments in such states to greatly enhance the wealth of a small group of political elites. Research supports dependency theory in oil-rich states, showing that such states have significantly higher levels of human rights abuses than poor states that do not have oil wealth (DeMeritt & Young, 2013 ).

These two schools may seem contradictory, but they can be understood as being complementary to each other. The liberal neoclassical school holds that economic development leads to the formation of a middle class, but this middle class cannot form in states where wealth is isolated in the hands of the elite. Only when wealth is distributed across society and can lead to the development of a middle class will we see opposition movements that are powerful enough to effectively demand changes in human rights practices.

State Capacity

There are many similarities between theories of state wealth and human rights and those of state capacity and human rights. State capacity can be thought of as the centralized power within a state, and weak states are characterized by a lack of centralized power. Englehart ( 2009 ) describes weak states as those with low ability to collect taxes, high corruption, and/or a lack of law and order. Some scholars have captured state capacity with indicators of economic development, implying that wealthy states are more capable than others (Hendrix, 2010 ).

Many scholars have found that capable states are less likely to abuse physical integrity rights (Englehart, 2009 ; Cole, 2015 ; Young, 2009 ). State capacity is necessary to be able to monitor the behavior of security forces and other government agents. Human rights abuses can occur not because they were authorized by the regime leadership, but because state agents are not trained and/or monitored. Without training and monitoring, human rights abuses often occur as part of control or interrogation tactics (Muñoz, 2009 ). A capable state can limit these unauthorized abuses, limiting the overall levels of human rights abuses within the state.

The relationship between the state and its agents can be understood through principal-agent theory, in which the state acts as the principal and holds the authority to command security agents (Englehart, 2009 ). However, agents do not necessarily follow the commands of the principal. Weak states lack the ability to provide oversight of state agents, making them more independent. This can make it difficult for weak states to change human rights practices, even when they have a desire to do so. As Cole ( 2015 ) explains, many states that sign human rights treaties have the desire to improve practices but lack the ability to enforce new standards among state agents. This highlights the idea that human rights abuses are not always state-sanctioned; in fact, they often directly contradict state policy.

State capacity also affects the perceived need to resort to repression. Strong state capacity can prevent political dissatisfaction from erupting into violent political unrest. Weak states (those with an unstable hold on state power) are inherently more threatened by opposition and will thus resort to more resorting to human rights abuses to control the population (Young, 2009 ). Limited state capacity is also tied to the emergence of violent rebel groups (Fearon & Laitin, 2003 ). This makes weak states more susceptible to civil war, and civil war is linked to increases in human rights violations by the state (Poe & Tate, 1994 ).

Human Rights and International Dynamics

In the previous section, we examined how characteristics of the state (namely, its regime type, its economic wealth, and its capacity) matter for its human rights performance. The basic insight from this research is that human rights abuses occur as a mechanism of population control when a regime or its agents are unrestrained by domestic institutions, an organized and developed domestic opposition, or both. However, human rights concerns are not a wholly domestic matter. The rights outlined in the UDHR were the result of international collaboration and joint advocacy efforts. They fit the classic definition of a norm: a “standard of appropriate behavior for actors with a given identity” (Finnemore & Sikkink, 1998 , p. 889). The protection of human rights norms since the UDHR’s crafting has been heavily influenced by international dynamics and actors. Foreign policy actions of states, transnational organizations of all stripes, and the involvement of intergovernmental organizations (IGOs) can pressure and socialize states to adopt human rights norms. However, these actions can also backfire, leading to an often-unintended worsening of human rights conditions. We explore these dynamics next.

Norm Entrepreneurs and Advocacy Actors

The adoption of human rights language and the internalization of human rights ideals are the results of a process of normative development and diffusion. Both in the case of now well-accepted norms (like bodily integrity rights) and in the case of newer and developing norms (like sexual minority rights or the right to development), norm entrepreneurs help in articulating and spreading these human rights ideas. According to Finnemore and Sikkink’s ( 1998 ) theory of the norm life cycle, these entrepreneurs work to get sympathetic regime leaders and other key constituents to adopt a norm as a general expectation of behavior. This larger group then helps in codifying and socializing other state actors about the norm. Finnemore and Sikkink ( 1998 , p. 900) see IGOs as important at this stage; the norm is “institutionalized in international rules.” If a critical mass of supporters is reached, often requiring the support of key states, a tipping point occurs, where the norm cascades and additional state and nonstate actors are socialized to adopt the norm.

It is at this stage in the norm socialization process where international actors often use a host of techniques and tactics to try to pressure governments to change their behavior. Advocates can point out that “legitimate” states do not abuse human rights (Finnemore & Sikkink, 1998 , p. 902). Material and nonmaterial carrots and sticks can be used to pressure a state to change its behavior. In some situations, this process of socialization can lead to the state “internalizing” the norm, giving it “taken-for-granted” status (Finnemore & Sikkink, 1998 , p. 904).

Although Finnemore and Sikkink ( 1998 )’s theory of the norm life cycle is often not explicitly mentioned in current empirical work on how international actors influence domestic human rights practices, it aptly applies. International nongovernmental organizations (INGOs), like Human Rights Watch or Amnesty International, are often critical actors at the early stages of the life cycle. They help in spreading or educating local populations about a norm, as well as being crucial to getting the norm on the international agenda. Once key states have adopted the norm and it has been institutionalized, INGOs work to bring abuses to the attention of sympathetic states and advocates. The media attention that INGOs bring to abusive regimes, often termed “shaming and blaming” or “naming and shaming” by scholars, can be key to getting third-party states and INGOs to start pressuring the country to change their human rights practices.

INGOs can also help heighten domestic pressure on the regime. This combination of domestic and international pressure is what Keck and Sikkink ( 1998 ) term a transnational advocacy network . Later work by Risse, Ropp, and Sikkink ( 1999 , 2013 ) further laid out the iterative process through which advocates work to socialize states about human rights; this process was named the spiral model . In this model, if international pressure is concentrated on an abusive regime, “tactical concessions” can be made by the abusive regime, leading to some limited and short-term improvements in human rights practices and, perhaps, the adoption of human rights laws (Risse & Sikkink 1999 , p. 12). If pressure continues, these concessions can turn into internalized human rights norms, completing the norm life cycle.

In line with these theoretical arguments, human rights INGOs have been linked to changes in human rights opinions and mobilization (Ausderan, 2014 ; Davis, Murdie, & Steinmetz, 2012 ; McEntire, Leiby, & Krain, 2015 ; Murdie & Bhasin, 2011 ). Their “naming and shaming” activities have also been linked to many forms of international pressure and involvement, including humanitarian intervention (Murdie & Peksen, 2013a ), international sanctions (Murdie & Peksen, 2013b ), drops in foreign direct investment (Barry, Clay, & Flynn, 2013 ), trade (Peterson, Murdie, & Asal, 2017 ), and the bypassing of foreign aid (Dietrich & Murdie, 2017 ). Some studies have found direct links between shaming by human rights INGOs and drops in certain human rights abuses (DeMeritt, 2012 ; Krain, 2012 ; Murdie, 2014 ), although this relationship has also been found to be conditional on domestic and/or international mobilization (Murdie & Davis, 2012 ) and domestic regime type (Hendrix & Wong, 2013 ; Murdie, 2014 ).

Worth mentioning, there are concerns that shaming of one type of abuse by human rights INGOs and IGOs could lead states to change their abusive tactics (DeMeritt, Conrad, & Fariss, 2016 ; Hafner-Burton, 2008 ). Further, there is work that is highly critical of certain behaviors of INGOs, highlighting the negative consequences of their often-overlooked, nonprincipled behavior (Clifford, 2005 ; Cooley & Ron, 2002 ; Murdie, 2014 ). Further work is necessary to understand the conditions when INGOs and other advocates are most likely to be successful and when they are likely to be ineffective or counterproductive to human rights goals.

State and IGO Foreign Policy Actions

There is a growing body of empirical work that looks at whether certain foreign policy actions improve human rights in a targeted state. Although this work does occasionally find that international actions can improve certain human rights practices, there is much work that shows that some international pressure tactics are counterproductive to human rights goals. To the extent that these actions are encouraged or influenced by human rights advocates, this could diminish the overall effects of advocates on human rights practices (Allendoerfer & Murdie, 2015 ).

On the positive side, there is some research that finds that certain types of foreign military interventions can improve certain human rights practices. For example, Krain ( 2005 ) finds that foreign military interventions against the perpetrator can help limit the severity of mass killings. DeMeritt ( 2015 ) concludes that interventions in support of the government can limit the onset of mass killings. Murdie and Davis ( 2010 ) find that only peacekeeping interventions with a strong humanitarian focus can improve human rights in countries after civil wars. However, Peksen ( 2012 ) finds that foreign military interventions do not generally improve human rights.

Another potential positive international action for human rights improvement is the support that international actors provide for transitional justice mechanisms, like the use of truth commissions after civil wars or human rights atrocities. Many studies have found that these mechanisms, especially in certain combinations, can improve some human rights outcomes, even after accounting for the factors that led to the implementation of these mechanisms in the first place (Dancy & Wiebelhaus-Brahm, 2015 ; Kim & Sikkink, 2010 ; Olsen, Payne, & Reiter, 2010 ; Polizzi, 2016 ).

On the negative side, however, there are many international foreign policy actions that are not associated with improved human rights. Foreign aid is not often associated with improved human rights (Barratt, 2007 ) and repressive regimes are rarely punished for poor human rights records (Esarey & DeMeritt, 2016 ; Nielsen, 2013 ). Economic sanctions can exasperate human rights abuses (Peksen, 2009 ; Wood, 2008 ). Actions by the International Monetary Fund (IMF) and the World Bank often harm human rights (Abouharb & Cingranelli, 2007 ). Most of this work explains the negative or null findings as the unintended consequences of international foreign policy action. These actions can limit the general public’s ability or willingness to pressure their leaders and can make abusive leaders feel threatened, heightening their desire to use repressive practices to stay in power. Another important issue in this research concerns the selection of states to receive international action and the geopolitical concerns that can complicate whether these actions are designed with human rights goals.

In short, there is a well-established theoretical lens through which to examine how international actors influence the adoption and internalization of human rights norms. Although much current empirical work has shown that advocacy actors (particularly human rights INGOs) do influence human rights outcomes in the ways outlined in the extant theoretical literature, there is much work to be done to understand the types of international foreign policy pressure that can stop human rights abuses.

Human Rights Treaties

The previous section on how international pressure is associated with human rights practices ignores an important international pressure source: international human rights law. This was intentional; the international human rights treaty regime is a very specific type of international pressure that does not nicely conform to the theoretical and empirical literature concerning many of the international foreign policy actions discussed earlier in this article. Instead, the study of how the international human rights treaty regime influences human rights practices has drawn heavily on earlier theoretical arguments on international cooperation and compliance ( Abbott, Keohane, Moravcsik, Slaughter, & Snidal, 2000 ; Downs, Rocke, & Barsoom, 1996 ; Morrow, 1994 ; von Stein, 2005 ) and the role of domestic institutions in encouraging compliance with international agreements (Dai, 2005 ).

Although much of the work within this area has focused on the human rights treaties drafted within the United Nations (UN) that followed the UDHR, like the International Covenant on Civil and Political Rights (ICCPR) or the CAT, which we refer to here as UN human rights treaties , there is also a rich literature on regional human rights treaties and courts (Hawkins & Jacoby, 2010 ; Helfer & Voeten, 2014 ; Hillebrecht, 2012 ; Tallberg, 2002 ), as well as a growing literature on the International Criminal Court (Chapman & Chaudoin, 2013 ; Ritter & Wolford, 2012 ). Due to space constraints, the discussion here focuses on the literature concerning UN human rights treaties, where there has recently been a surge of empirical work concerning whether treaty ratification affects human rights practices.

Many early empirical works argued and found that various UN international human rights treaties are not generally associated with unconditional improvements in various human rights practices (Hafner-Burton & Tsutsui, 2005 ; Hathaway, 2002 ; Keith, 1999 ). As such, there was much early evidence that UN human rights treaties alone were not sufficient to lead to greater respect for human rights. In line with general arguments on the limits of international cooperation, the existing treaty system was created with weak enforcement mechanisms and states are unlikely to voluntarily bind themselves in ways that would limit their ability to control their populations. There are tremendous issues of self-selection as well: states may be ratifying treaties after a war or as part of their transition to democracy. As such, it is difficult to ascertain whether any improvements in human rights practices are causally linked to the treaty or are linked to the underlying conditions that led the state to ratify the treaty in the first place.

Much of the scholarship that followed has (a) taken issues of self-selection seriously, (b) examined the domestic conditions that could make treaties more likely to affect human rights practices (Conrad & Ritter, 2013 ; Hill, 2010 ; Lupu, 2013 ; Neumayer, 2005 ; Simmons, 2009 ), or both. As to the first issue, many studies are using advanced statistical treatment effects or “matching” techniques to account for the underlying self-selection issue. Some of these studies have found that certain treaties cause improvements in certain human rights, and explanations have been given for these unique causal effects. For example, Hill ( 2010 ) finds that the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) causes better human rights performance on women’s political rights, something Hill ( 2010 ) explains is due to the nonthreatening nature of women’s political rights to the regime leadership. Lupu ( 2013 ) uses a slightly different method to account for self-selection and finds that CEDAW causes improved women’s political, social, and economic rights.

The newer literature has also found that treaties can be effective in some situations. In line with the spiral model outlined previously, Neumayer ( 2005 ) finds, for example, that treaties are associated with improved human rights in democratic regimes and where there are large numbers of INGOs with members present within the state. Similarly, Simmons ( 2009 ) finds that treaties can be a useful tool for dissidents to use to try to get concessions from a repressive regime. And, as mentioned, Powell and Staton ( 2009 ) highlight the utility of an independent judiciary in leading states where the CAT is ratified to lessen their use of torture. Recent work by Conrad and Ritter ( 2013 ) connects the effectiveness of treaties to the characteristics of the judiciary and the security of the leader.

Although these findings provide a small glimmer of hope for the usefulness of the international human rights regime in certain situations, Fariss ( 2014 ) argues that there may be more reasons to be hopeful. As mentioned, Fariss ( 2014 ) contends that there is a changing standard of accountability for physical integrity rights abuses over time. Using his corrected measure, Fariss ( 2014 , 2017a ) shows a general association between treaty ratification and improved human rights practices. Cingranelli and Filippov ( 2017 ), however, question the empirical validity of this finding, arguing that the Fariss ( 2014 ) results are time dependent. Nonetheless, future work should examine how changing standards of accountability (some changing standards perhaps even aided by the human rights regime) affect the relationship between treaty ratification and human rights practices.

Why do state actors abuse human rights? In this article, we outlined three stylized theoretical statements that are supported in the empirical literature:

Respect for human rights is an international norm, and international socialization and pressure about this norm can, in certain situations, affect behavior.

The codification of human rights norms into international treaties may influence behavior but, like our understanding of the effect of other treaties on state behavior, states only bind themselves weakly and certain conditions are necessary for treaties to affect human rights.

This is an especially great juncture in the study of human rights. First, more detailed and rich data are now available; this data will allow future scholars to examine rights beyond the conventional focus on physical integrity violations by state actors and allow much more nuance in the particularities of the abuse and the abuser (e.g., Conrad, Haglund, & Moore, 2014 ; Cornett, Gibney, & Haschke, 2016 ). In addition, automated events data also hold much promise for near real-time analysis and for more nuanced study of the state-society dynamics that exasperate human rights abuses (Boschee et al., 2015 ; Fariss et al., 2015 ; Quinn, Monroe, Colaresi, Crespin, & Radev, 2010 ). The combination of quantitative and qualitative techniques also will continue to contribute to the breadth and depth of our knowledge on why abuses occur (Hafner-Burton & Ron, 2009 ).

Second, advances in empirical techniques now allow scholars to take self-selection seriously and examine more directly the causal process connecting certain interventions and institutions to changes in human rights outcomes (Allendoerfer & Murdie, 2015 ; Hill, 2010 ; Lupu, 2013 ; Murdie & Peksen, 2013b ). These techniques will help us determine how certain actions could mediate the effects of advocacy, or perhaps lead to unintended consequences that could harm human rights.

Third, a growing number of scholars are focusing on public opinion related to human rights (Ausderan, 2014 ; Bracic, 2016 ; Murdie & Purser, 2017 ; Ron, Golden, Crow, & Pandya, 2017 ; Wallace, 2013 ). Although these studies have not yet been extended to focusing on how public opinion relates to human rights outcomes in a cross-national sample of states, work is this area is critical for building our microfoundations for how human rights improvements occur and the potential role of public opinion in this process.

Finally, there have been recent advances in the practice of human rights promotion and the strategies of human rights advocates. Human rights performance within a country could be influenced by current increases in training on nonviolent resistance, a renewed focus on transitional justice and nonstate actors, and the use of technology to aid in the recording of abuses. Future studies should incorporate these advances into our theoretical understanding of the process by which human rights improve. The efficacy of these tactics should also be tested empirically.

In sum, the existing IR literature on why states abuse human rights has highlighted the nuanced relationships between international and domestic factors and human rights practices. There are few laws in human rights theories, but the works discussed in this article do point to a general theory of why states abuse human rights. The literature draws heavily on theories related to domestic constraints on leaders, on how norms diffuse, and on when international agreements affect state behavior. By drawing on this generalized set of knowledge, as well as current advances in the field, future work holds much potential to contribute to both our scholarly understanding of human rights practices and the growing practice of human rights advocacy outside academia.

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1. Recently, principal investigators of the Political Terror Scale (PTS) have introduced a new measure of violence by nonstate actors: the Societal Violence Scale (SVS). As the authors of this scale remark in their explanation of the scale, the role of the state in abuses by nonstate actors is not trivial: “the state is obliged not only to refrain from human rights abuses itself, but also has the duty to prevent abuses by third parties, including private actors, and to take positive measures for the provision of rights to everyone under the state’s jurisdiction” (Cornett, Gibney, & Haschke, 2016 , n.p.).

2. For more discussion about this still controversial idea, see Clark and Sikkink ( 2013 ), Richards ( 2016 ), Fariss ( 2017a , 2017b ), and Cingranelli and Filippov ( 2017 ).

3. It is necessary for economic wealth to be distributed throughout society before we can expect to see a link between economic development and improved human rights practices. As such, a high gross domestic product (GDP), coupled with a low GDP per capita, reflect a society that has not achieved economic advancement throughout the population. When we refer to “wealthy states,” we are discussing states with a high GDP coupled with a relatively high GDP per capita.

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Human Rights Careers

What Are Human Rights Violations?

The Universal Declaration of Human Rights (UDHR) was established in response to the atrocities during WWII, including the Holocaust. The document outlines the human rights that all people are entitled to such as freedom from torture, freedom of expression, and the right to seek asylum. When those rights aren’t protected or blatantly disregarded, they are violated. What are the types of human rights violations? Who is responsible for preventing and addressing them?

Definition and types of human rights violations

A state commits human rights violations either directly or indirectly. Violations can either be intentionally performed by the state and or come as a result of the state failing to prevent the violation. When a state engages in human rights violations, various actors can be involved such as police, judges, prosecutors, government officials, and more. The violation can be physically violent in nature, such as police brutality, while rights such as the right to a fair trial can also be violated, where no physical violence is involved.

The second type of violation – failure by the state to protect – occurs when there’s a conflict between individuals or groups within a society. If the state does nothing to intervene and protect vulnerable people and groups, it’s participating in the violations. In the United States, the state failed to protect black Americans when lynchings frequently occurred around the country. Since many of those responsible for the lynchings were also state actors (like the police), this is an example of both types of violations occurring at the same time.

Examples of human rights violations

We’ve mentioned a few examples of human rights violations, but there are many more. Civil, political, economic, cultural, and social rights can all be violated through various means. Though all the rights enshrined in the Universal Declaration of Human Rights and in the legally binding International Covenants of Human Rights ( ICCPR , CESCR ) are considered essential, there are certain types of violations we tend to consider more serious. Civil rights, which include the right to life, safety, and equality before the law are considered by many to be “first-generation” rights. Political rights, which include the right to a fair trial and the right to vote, also fall under this category.

Civil and political rights

Civil and political rights are violated through genocide, torture, and arbitrary arrest. These violations often happen during times of war, and when a human rights violation intersects with the breaking of laws about armed conflict, it’s known as a war crime.

Conflict can also trigger violations of the right to freedom of expression and the right of peaceful assembly. States are usually responsible for the violations as they attempt to maintain control and push down rebellious societal forces. Suppressing political rights is a common tactic for many governments during times of civil unrest.

Violations of civil and political human rights aren’t always linked to specific conflicts and can occur at any given time. Human trafficking is currently one of the largest issues on a global scale as millions of men, women, and children are forced into labor and sexual exploitation. Religious discrimination is also very common in many places around the world. These violations often occur because the state is failing to protect vulnerable groups.

Economic, social, and cultural rights

As described in the UDHR, economic, social, and cultural rights include the right to work, the right to education, and the right to physical and mental health. As is the case with all human rights, economic, social, and cultural rights can be violated by states and other actors. The United Nations Office of the High Commissioner for Human Rights gives a handful of examples of how these rights can be violated. They include:

  • Contaminating water, for example, with waste from State-owned facilities (the right to health)
  • Evicting people by force from their homes (the right to adequate housing)
  • Denying services and information about health (the right to health)
  • Discriminating at work based on traits like race, gender, and sexual orientation (The right to work)
  • Failing to provide maternity leave (protection of and assistance to the family)
  • Not paying a sufficient minimum wage (rights at work)
  • Segregating students based on disabilities (the right to education)
  • Forbidding the use of minority/indigenous languages (the right to participate in cultural life)

Who is ultimately responsible for ensuring human rights violations don’t happen?

In human rights treaties, states bear the primary burden of responsibility for protecting and encouraging human rights. When a government ratifies a treaty, they have a three-fold obligation. They must respect, protect, and fulfill human rights . When violations occur, it’s the government’s job to intervene and prosecute those responsible. The government must hold everyone (and itself) accountable.

This doesn’t mean that members of civil society don’t also have a responsibility to prevent human rights violations. Businesses and institutions must comply with discrimination laws and promote equality, while every individual should respect the rights of others. When governments are violating human rights either directly or indirectly, civil society should hold them accountable and speak out. The international community also has an obligation to monitor governments and their track records with human rights. Violations occur all the time, but they should always be called out.

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About the author, emmaline soken-huberty.

Emmaline Soken-Huberty is a freelance writer based in Portland, Oregon. She started to become interested in human rights while attending college, eventually getting a concentration in human rights and humanitarianism. LGBTQ+ rights, women’s rights, and climate change are of special concern to her. In her spare time, she can be found reading or enjoying Oregon’s natural beauty with her husband and dog.

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Human Rights Violation Essay Sample, with Outline

Published by gudwriter on January 4, 2021 January 4, 2021

Human Rights Violation Essay Outline

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Thesis: The enforcement and upholding human rights goes a long way in promoting justice, tolerance, mutual respect, and human dignity.

The law punishes heavily those people who violate human rights. Essays on violation of human rights can be tough to most students with the help of credible essay writing service like Gudwriter you get MBA essay writing for students who are struggling to complete their assignments or essays.

Paragraph 1:

There is a general agreement that fundamental human rights and freedoms should be accorded to people no matter the situation or circumstance.

  • These rights include but not limited to civil liberties, political rights and most important the right to life.
  • A violation of human rights denies individuals their basic moral entitlements.
  • Some of the universal human rights abuses and those termed as crimes against humanity include, ‘genocide, torture, slavery, rape, enforced sterilization, medical experimentation, and deliberate starvation’.

Paragraph 2:

In times of warfare, there is often a widespread violation of human, political, and fundamental rights.

  • In such situations, the worst violation of human rights and specifically the right to life include massacres, starvation of people, and genocide.
  • The murder of individuals and causing them bodily harm, prevention of birth, or forcibly transferring children is a violation of human rights.

Paragraph 3:

Sometimes women face the worst form of human right violation through rape or forced into prostitution.

  • Crimes involving sexual mutilation, humiliation, and forced pregnancy are common.
  • Another case of human violation among women is that of trafficking where they are transported to long distances for prostitution.

Paragraph 4:

The police are also notorious for violating basic human rights.

  • The most common violation of basic human rights by the police is brutality.
  • It is a dangerous human right violation since even though it is considered illegal, it can be carried out under the color of law.

Paragraph 6:

 Protection of Human rights

  • The question that ought to be considered is how these rights should be protected.
  • When it comes to crimes against humanity, there should be a humanitarian intervention.
  • Although it is a highly protested debate, humanitarian intervention will go a long way in ensuring that people are not subjected to inhuman treatment.
  • The international community should also ensure that international standards related to human rights are promoted without having an interest in a nation but for the sake of the suffering citizens.

Understanding one’s rights goes a long way in preventing human rights violations.

  • The citizens of any nation should have adequate knowledge of their rights to ensure that they are not violated.
  • It is often said that knowledge is power which means that when people possess knowledge concerning their rights, they will know when their rights are violated and where to go to seek redress.

Paragraph 7:

Due to globalization governments should revise their laws to fight against human rights violation.

  • In the wake of the 21 st century, there has been an increase in trading activities across borders meaning that non-state actors are more involves in issues related to human rights.
  • Although globalization has enhanced the ability to carry out activities beyond borders, some people have found loopholes where they can violate human rights.
  • Governments should ensure that they close such loopholes by the formation of laws that acknowledge the world as a global village.

  Paragraph 8:

All governments across the world should put in place strict penalties against people that violate human rights.

  • For instance, when it comes to police brutality, the government through its arms should ensure that people who suffer receive justice.
  • A restate of the thesis statement
  • A summary of the main points
  • A take-away  statement  made based on presented facts or information  

Human rights violation essay instructions – ways through which human rights are violated and what can be done to ensure human rights are protected.

Human Rights Violation and Protection

In every society, there are fundamental rights and freedoms put in place. A human right is a moral principle or a norm that describes or sets specific standards of human behavior and protected in a country’s constitution. There is also the concept of natural rights. Defined, natural rights are those rights that are believed all human beings and animals are entitled to as provided by natural law. Society often views these rights to be inalienable, implying it is almost impossible to take them away. Noteworthy, life, liberty, and property are the most important natural rights. When the U.S. was declaring itself independent from the British, “life, liberty, the pursuit of happiness” were mentioned as the natural rights. The Declaration of the Rights of Man too espoused the idea.

Those who supported the idea, including Thomas Jefferson and John Locke, believed that the government has the purpose of protecting the natural rights of people through a social contract. In such a contract, members of a society implicitly agree to pursue social benefits through mutual cooperation. However, different actions and practices often lead to violation of these rights. A violation of human rights is dangerous and illegal in any society since it defeats the purpose the rights were established in the first place. The enforcement and upholding of human rights goes a long way in promoting justice, tolerance, mutual respect, and human dignity.

There is a general agreement that fundamental human rights and freedoms should be accorded to people no matter the situation or circumstance. These rights include but not limited to civil liberties, political rights, and most importantly the right to life. The protection of human rights ensures that individuals are not treated inhumanely or indecently. A violation of human rights denies individuals their basic moral entitlements. That is, violation of these rights means that one is treated in an undeserving manner. Some of the universal human rights abuses and those termed as crimes against humanity, according to Ekpa (2016), include genocide, torture, slavery, rape, enforced sterilization, medical experimentation, and deliberate starvation.

In times of warfare, there is often a widespread violation of human, political, and fundamental rights. In such situations, the worst violation of human rights and specifically the right to life include massacres, starvation of people, and genocide. Defined, genocide refers to the killing of people of a particular race, ethnicity, or religious group en-masse (MacKinnon, 2017). The killing of people and causing them bodily harm, prevention of birth, or forcibly transferring children are all human rights violations. Genocide is considered as one of the most serious violation of human rights.

Sometimes, women face the worst form of human rights violation through rape or forced prostitution. At other times, the international community fails to consider sexual crimes that happen during times of war. However, crimes involving sexual mutilation, humiliation, and forced pregnancy are common (Bunch, 2013). Another case of human violation among women is that of trafficking whereby they are transported to long distances for prostitution. At times, these acts against women are performed intentionally. For instance, in the 1990s, the media proclaimed that rape and other sexual crimes were carried out deliberately during the Bosnian war.

The police are another group that are notorious for violating fundamental human rights. The most common violation of human rights by the police is brutality. Most of the times, the police are known to exert excessive violence when quelling riots and protests. It is a dangerous human rights violation since even though it is considered illegal, it can be carried out under the color of law. There are numerous videos and news article that show images of people being mistreated in the hands of people who should uphold and implement the very human rights.

Protection of Human rights

Undoubtedly, there are numerous cases of human rights violations . The question that ought to be considered is how these rights should be protected. When it comes to crimes against humanity, there should be a humanitarian intervention (Shelton, 2015). Although it is a highly protested debate, humanitarian intervention will go a long way in ensuring that people are not subjected to inhumane treatment. The international community should also ensure that international standards related to human rights are promoted without having an interest in a nation but for the sake of the suffering citizens.

Understanding one’s rights goes a long way in preventing human rights violations. The citizens of any nation should have adequate knowledge of their rights to ensure that they are not violated. It is often said that knowledge is power, which means that when people possess knowledge concerning their rights, they will know when the rights are violated and where to go in order to seek redress.

Due to globalization, governments should revise their laws to fight against human rights violation. In the wake of the 21st century, there has been an increase in trading activities across borders meaning that non-state actors are more involved in issues related to human rights (Shelton, 2015). Although globalization has enhanced the ability to carry out activities beyond borders, some people have found loopholes through which to violate human rights. Therefore, governments should ensure that they close such loopholes by adopting laws that acknowledge the world as a global village.

All governments across the world should put in place strict penalties against people who violate human rights. For instance, when it comes to police brutality, a country’s government through its arms should ensure that people who suffer receive justice. Sometimes, the government might turn a blind eye to such situations, but the situations brew catastrophe in the long run. In this light, the fight against human rights violation should start with the government and spread to other parties.

The enforcement and upholding of human rights goes a long way in promoting justice, tolerance, mutual respect, and human dignity. When human rights are violated, it means that there is a total disregard of basic human moral entitlements. Therefore, people should be educated on their rights and governments should play a role in protecting these rights without turning a blind eye to any situation involving human rights violation.

Bunch, C. (1990). Women’s rights as human rights: Toward a re-vision of human rights.  Hum. Rts. Q. ,  12 , 486.

Ekpa, S. (2016). Human rights violation. SSRN . Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2738447

MacKinnon, C. A. (2017). Rape, genocide, and women’s human rights. In  Genocide and human rights  (pp. 133-144). New York, NY: Routledge.

Shelton, D. (2015).  Remedies in international human rights law . New York, NY: Oxford University Press.

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The Globalization of Hate: Internationalizing Hate Crime?

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2 Conceptualizing Hatred Globally: Is Hate Crime a Human Rights Violation?

  • Published: May 2016
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Acknowledging hate crime as a human rights violation prompts recognition of such violence as a global indignity and a legitimate international concern. But should we categorize hate crime a human rights violation? The answer depends on how we conceptualize both hate crime and human rights. The chapter begins with a clarification of the concept hate crime; delimiting it in relation to crimes against humanity and arguing why the ensuing discussion focuses on hate crimes committed by private actors. On the basis of a discussion of two conflicting views of human rights, the chapter presents a cluster of reasons to hesitate or even abstain from classifying hate crime as a human rights violation, arguing that doing so is compatible with taking both hate crimes and human rights seriously.

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Beyond Intractability

Knowledge Base Masthead

The Hyper-Polarization Challenge to the Conflict Resolution Field We invite you to participate in an online exploration of what those with conflict and peacebuilding expertise can do to help defend liberal democracies and encourage them live up to their ideals.

Follow BI and the Hyper-Polarization Discussion on BI's New Substack Newsletter .

Hyper-Polarization, COVID, Racism, and the Constructive Conflict Initiative Read about (and contribute to) the  Constructive Conflict Initiative  and its associated Blog —our effort to assemble what we collectively know about how to move beyond our hyperpolarized politics and start solving society's problems. 

By Michelle Maiese

July 2003  

What it Means to Violate Human Rights

"The 'disappearances' of detainees in the custody of Russian federal forces in Chechnya is a major human rights crisis that the Russian government and the international community must address."

"While combat between federal forces and Chechen rebels has for the most part ceased, the 'disappearance,' torture, and summary execution of detainees continues, marking the transition from a classical internal conflict into a 'dirty war,' where human rights violations and not the conquest or defense of territory are the hallmarks." -- for web page. 

There is now near-universal consensus that all individuals are entitled to certain basic rights under any circumstances. These include certain civil liberties and political rights, the most fundamental of which is the right to life and physical safety. Human rights are the articulation of the need for justice , tolerance , mutual respect, and human dignity in all of our activity.[1] Speaking of rights allows us to express the idea that all individuals are part of the scope of morality and justice.

To protect human rights is to ensure that people receive some degree of decent, humane treatment. To violate the most basic human rights, on the other hand, is to deny individuals their fundamental moral entitlements. It is, in a sense, to treat them as if they are less than human and undeserving of respect and dignity. Examples are acts typically deemed "crimes against humanity," including genocide , torture, slavery, rape, enforced sterilization or medical experimentation, and deliberate starvation. Because these policies are sometimes implemented by governments, limiting the unrestrained power of the state is an important part of international law . Underlying laws that prohibit the various "crimes against humanity" is the principle of nondiscrimination and the notion that certain basic rights apply universally.[2]

The Various Types of Violations

The number of deaths related to combat and the collateral damage caused by warfare are only a small part of the tremendous amount of suffering and devastation caused by conflicts. Over the course of protracted conflict, assaults on political rights and the fundamental right to life are typically widespread. Some of the gravest violations of the right to life are massacres, the starvation of entire populations, and genocide. Genocide is commonly understood as the intentional extermination of a single ethnic, racial, or religious group. Killing group members, causing them serious bodily or mental harm, imposing measures to prevent birth, or forcibly transferring children are all ways to bring about the destruction of a group. Genocide is often regarded as the most offensive crime against humanity.

The term "war crime" refers to a violation of the rules of jus in bello (justice in war) by any individual, whether military or civilian.[3] The laws of armed conflict prohibit attacks on civilians and the use of weapons that cause unnecessary suffering or long-term environmental damage.[4] Other war crimes include taking hostages, firing on localities that are undefended and without military significance, such as hospitals or schools, inhuman treatment of prisoners, including biological experiments, and the pillage or purposeless destruction of property.[5] Although clearly outlawed by international law, such war crimes are common. According to Kofi Annan, Secretary-General of the United Nations, it is increasingly true that "the main aim...[of conflicts]... is the destruction not of armies but of civilians and entire ethnic groups."[6]

Women and girls are often raped by soldiers or forced into prostitution. For a long time, the international community has failed to address the problem of sexual violence during armed conflict.[7] However, sexual assaults, which often involve sexual mutilation, sexual humiliation , and forced pregnancy, are quite common. Such crimes are motivated in part by the long-held view that women are the "spoils" of war to which soldiers are entitled. Trafficking in women is a form of sexual slavery in which women are transported across national borders and marketed for prostitution. These so-called "comfort women" are another example of institutionalized sexual violence against women during wartime. Sexual violence is sometimes viewed as a way to destroy male and community pride or humiliate men who cannot "protect" their women. It is also used to silence women who are politically active, or simply inflict terror upon the population at large.[8] Mass rapes may also form part of a genocidal strategy, designed to impose conditions that lead to the destruction of an entire group of people. For example, during the 1990s, the media reported that "rape and other sexual atrocities were a deliberate and systematic part of the Bosnian Serb campaign for victory in the war" in the former Yugoslavia.[9]

Rather than simply killing off whole populations, government forces may carry out programs of torture. Torture can be either physical or psychological, and aims at the "humiliation or annihilation of the dignity of the person."[10] Physical torture might include mutilation, beatings, and electric shocks to lips, gums, and genitals.[11] In psychological torture, detainees are sometimes deprived of food and water for long periods, kept standing upright for hours, deprived of sleep, or tormented by high-level noise.

Torture is used in some cases as a way to carry out interrogations and extract confessions or information. Today, it is increasingly used as a means of suppressing political and ideological dissent, or for punishing political opponents who do not share the ideology of the ruling group.[12]

In addition to torture, tens of thousands of people detained in connection with conflicts "disappear" each year, and are usually killed and buried in secret.[13] Government forces "take people into custody, hold them in secret, and then refuse to acknowledge responsibility for their whereabouts or fate."[14] This abduction of persons is typically intended to secure information and spread terror. In most cases, interrogations involve threats and torture, and those who are arrested are subsequently killed.[15] Corpses are buried in unmarked graves or left at dumpsites in an attempt to conceal acts of torture and summary execution of those in custody.[16] Because people disappear without any trace, families do not know whether their loved ones are alive or dead.

Various lesser forms of political oppression are often enacted as well. Individuals who pose a threat to those in power or do not share their political views may be arbitrarily imprisoned, and either never brought to trial or subject to grossly unfair trial procedures. Mass groups of people may be denied the right to vote or excluded from all forms of political participation. Or, measures restricting people's freedom of movement may be enforced. These include forcible relocations, mass expulsions, and denials of the right to seek asylum or return to one's home.[17]

Political oppression may also take the form of discrimination . When this occurs, basic rights may be denied on the basis of religion, ethnicity, race, or gender. Apartheid, which denies political rights on the basis of race, is perhaps one of the most severe forms of discrimination. The system of apartheid in South Africa institutionalized extreme racial segregation that involved laws against interracial marriage or sexual relations and requirements for the races to live in different territorial areas. Certain individuals were held to be inferior by definition, and not regarded as full human beings under the law.[18] The laws established under this system aimed at social control, and brought about a society divided along racial lines and characterized by a systematic disregard for human rights.

In addition, women are uniquely vulnerable to certain types of human rights abuses -- in addition to the sexual abuse mentioned above, entrenched discrimination against women is prevalent in many parts of the world and leads to various forms of political and social oppression. This includes strict dress codes and harsh punishments for sexual "transgressions," which impose severe limitations on women's basic liberties. In addition, women in some regions (Africa , for example) suffer greater poverty than men and are denied political influence, education, and job training.[19]

Human Rights Violations and Intractable Conflict


Many have noted the strong interdependence between human rights violations and intractable conflict. Abuse of human rights often leads to conflict, and conflict typically results in human rights violations. It is not surprising, then, that human rights abuses are often at the center of wars and that protection of human rights is central to conflict resolution.[20]

Violations of political and economic rights are the root causes of many crises. When rights to adequate food, housing, employment, and cultural life are denied, and large groups of people are excluded from the society's decision-making processes, there is likely to be great social unrest. Such conditions often give rise to justice conflicts , in which parties demand that their basic needs be met.

Indeed, many conflicts are sparked or spread by violations of human rights. For example, massacres or torture may inflame hatred and strengthen an adversary's determination to continue fighting. Violations may also lead to further violence from the other side and can contribute to a conflict's spiraling out of control.

On the flip side, armed conflict often leads to the breakdown of infrastructure and civic institutions, which in turn undermines a broad range of rights. When hospitals and schools are closed, rights to adequate health and education are threatened. The collapse of economic infrastructure often results in pollution, food shortages, and overall poverty.[21] These various forms of economic breakdown and oppression violate rights to self-determination and often contribute to further human tragedy in the form of sickness, starvation, and lack of basic shelter. The breakdown of government institutions results in denials of civil rights, including the rights to privacy, fair trial, and freedom of movement. In many cases, the government is increasingly militarized, and police and judicial systems are corrupted. Abductions, arbitrary arrests, detentions without trial, political executions, assassinations, and torture often follow.

In cases where extreme violations of human rights have occurred, reconciliation and peacebuilding become much more difficult. Unresolved human rights issues can serve as obstacles to peace negotiations .[22] This is because it is difficult for parties to move toward conflict transformation and forgiveness when memories of severe violence and atrocity are still primary in their minds.

What Can Be Done?

International humanitarian law has been enacted to preserve humanity in all circumstances, even during conflicts. Such law "creates areas of peace in the midst of conflict, imposes the principle of a common humanity, and calls for dialogue ."[23] It rules out unlimited force or total war and seeks to limit the use of violence in the hopes of maintaining the necessary conditions for a return to peace. Various international committees are in place to monitor compliance with human rights standards and report any violations. When breaches do occur, they are brought to the attention of international tribunals or tried in an international court or war crimes tribunal.

But conflicts sometimes progress beyond the state at which international law can help. As the number of victims grows and more individuals are taken prisoner, tortured, or executed, it becomes more difficult to resort to the legal path.[24]

In addition, it is often difficult to "reconcile the safeguarding of human rights with conflict resolution."[25] Many peacekeeping and conflict-prevention initiatives have failed both to protect human rights and help the parties towards conflict resolution. In part this is due to the fact that while wars between states have diminished, wars within states have escalated. Many internal conflicts involve a surge in organized violence. Genocide, crimes against humanity, and aggression against civilians have become a central part of warfare in these "internal" conflicts. Such violence often arises out of identity issues -- in-group/out-group dynamics -- and attempts of one ethnic or religious group to gain and maintain political control and to exclude other groups.[26] Such conflicts are often not fought over principles or ideas, but rather focus on differences. The "outsiders" are dehumanized, making human rights violations such as severe discrimination or ethnic cleansing all the more psychologically feasible. Thus, attacks on human rights are often at the very heart of these internal conflicts.[27]

In response, public authorities must regain control of organized violence. This means a re-establishment of the rule of law and a rebuilding of trust in public authorities. In addition, more inclusive, democratic values are needed to defuse exclusivist ideals.[28] In the face of such violations, leaders must champion international legal norms and human rights. These human rights norms are central to the maintenance of civil society, and necessary for grounding attitudes of tolerance and mutual respect within communities.

Serious difficulties arise, however, when those in power are responsible for human rights violations. In this case, outside intervention is necessary to stop the abuse.

The Question of Humanitarian Intervention

There is much disagreement about when and to what extent outside countries can engage in humanitarian intervention . More specifically, there is debate about the efficacy of using military force to protect the human rights of individuals in other nations. This sort of debate stems largely from a tension between state sovereignty and the rights of individuals.

Some defend the principles of state sovereignty and nonintervention, and argue that other states must be permitted to determine their own course. It is thought that states have diverse conceptions of justice, and international coexistence depends on a pluralist ethic whereby each state can uphold its own conception of the good. Among many, there is "a profound skepticism about the possibilities of realizing notions of universal justice."[29] States that presume to judge what counts as a violation of human rights in another nation interfere with that nation's right to self-determination . In addition, requiring some country to respect human rights is liable to cause friction and can lead to far-reaching disagreements.[30] Thus, acts of intervention may disrupt interstate order and lead to further conflict.[31]

Others think, "Only the vigilant eye of the international community can ensure the proper observance of international standards, in the interest not of one state or another but of the individuals themselves."[32] They maintain that massive violations of human rights, such as genocide and crimes against humanity, warrant intervention, even if it causes some tension or disagreement. Certain rights are inalienable and universal, and "taking basic rights seriously means taking responsibility for their protection everywhere."[33] If, through its atrocious actions, a state destroys the lives and rights of its citizens, it temporarily forfeits its claims to legitimacy and sovereignty.[34] Outside governments then have a positive duty to take steps to protect human rights and preserve life. In addition, it is thought that political systems that protect human rights reduce the threat of world conflict.[35] Thus, intervention might also be justified on the ground of preserving international security.

Nevertheless, governments are often reluctant to commit military forces and resources to defend human rights in other states.[36] In addition, the use of violence to end human rights violations poses a moral dilemma insofar as such interventions may lead to further loss of innocent lives.[37] It is imperative that the least amount of force necessary to achieve humanitarian objectives be used, and that intervention not do more harm than good. Lastly, there is a need to ensure that intervention is legitimate, and motivated by genuine humanitarian concerns. The purposes of intervention must be apolitical and disinterested. However, if risks and costs of intervention are high, it is unlikely that states will intervene unless their direct interests are involved.[38]

Many note that in order to truly address human rights violations, we must strive to understand the underlying causes of these breaches. These causes have to do with underdevelopment, economic pressures, various social problems, and international conditions.[39] Indeed, the roots of repression, discrimination, and other denials of human rights stem from deeper and more complex political, social, and economic problems. It is only by understanding and ameliorating these root causes and strengthening civil society that we can truly protect human rights.

[1] Helena Kennedy. "Conflict Resolution and Human Rights: Contradictory or Complementary?" INCORE, 1. 

[2] Don Hubert and Thomas G. Weiss et al. The Responsibility to Protect: Supplementary Volume to the Report of the International Commission on Intervention and State Sovereignty. (Canada: International Development Research Centre, 2001), 144.

[3] Jordan J.Paust et al. Human Rights Module: On Crimes Against Humanity, Genocide, Other Crimes Against Human Rights, and War Crimes, (Carolina Academic Press.2001), 130.

[4] Hubert and Weiss, et al., 144.

[5] Paust, et al., 131.

[6] United Nations Press Release SG/SM/6524 SC/6503 "Secretary-General Says Proposals in his Report on Africa Require New Ways of Thinking, of Acting" (16 April 1998, accessed 30 January 2003). Available at http://www.un.org/ecosocdev/geninfo/afrec/sgreport/pressrel.htm ; Internet.

[7] "Sexual Violence and Armed Conflict: United Nations Response." United Nations. Available at: http://www.un.org/womenwatch/daw/public/cover.htm ; Internet. 

[8] "Sexual Violence." Available at: http://www.un.org/womenwatch/daw/public/cover.htm ; Internet.

[9] "Sexual Violence." Available at: http://www.un.org/womenwatch/daw/public/cover.htm ; Internet.

[10] Antonio Cassese, Human Rights in a Changing World . (Philadelphia: Temple University Press, 1990), 90.

[11] Cassese, 123.

[12] Cassese, 90.

[13] "Human Rights Today: A United Nations Priority," The United Nations, (2000), available at: http://www.un.org/rights/HRToday/ ; Internet.

[14] " 'Dirty War' in Chechnya: Forced Disappearances, Torture, and Summary Executions." Human Rights Watch, March 2001. Vol. 13, no. 1, 4. Available at: http://www.hrw.org/reports/2001/chechnya/RSCH0301.PDF ; Internet.

[15] Cassese, 122.

[16] " 'Dirty War' in Chechnya," 31.

[17] "Human Rights Today: A United Nations Priority"

[18] Cassese, 108.

[19] Matthews, "Women's Rights are Human Rights"

[20] Kennedy, 1.

[21] "Human Rights Today"

[22] Michel Veuthey, "International Humanitarian Law and the Restoration and Maintenance of Peace." African Security Review, Vol. 7, No. 5, Institute for Security Studies, 1998. Available at: http://www.iss.co.za/Pubs/ASR/7No5/InternationalHumanitarian.html ; Internet.

[23] Veuthey, "International Humanitarian Law and the Restoration and Maintenance of Peace."

[24] Veuthey, "International Humanitarian Law and the Restoration and Maintenance of Peace."

[25] Kennedy, 6.

[26] Kennedy, 8.

[27] Kennedy, 9.

[28] Kennedy, 9.

[29] Hubert and Weiss, et al., 133.

[30] Cassese, 58.

[31] Hubert and Weiss, et al., 133.

[32] Cassese, 55-6.

[33] Hubert and Weiss, et al., 135.

[34] Hubert and Weiss, et al., 136.

[35] Cassese, 58.

[36] Hubert and Weiss, et al., 136.

[37] Hubert and Weiss, et al., 137.

[38] Hubert and Weiss, et al., 141.

[39] Cassese, 59.

Use the following to cite this article: Maiese, Michelle. "Human Rights Violations." Beyond Intractability . Eds. Guy Burgess and Heidi Burgess. Conflict Information Consortium, University of Colorado, Boulder. Posted: July 2003 < http://www.beyondintractability.org/essay/human-rights-violations >.

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Gender Matters

  • Gender-based violence and human rights

essay based on human rights violations

Gender-based violence is a human rights concern.

People who experience gender violence may suffer from different human rights violations – for example the right to life, freedom from torture and degrading treatment, freedom from discrimination and the right to safety and security. All these rights can be found in international and regional human rights documents, in particular by the United Nations and by the Council of Europe.

Instruments and measures adopted by the United Nations

essay based on human rights violations

The right to life, gender equality, prohibition of discrimination on the grounds of sex, protection of physical integrity, the right to health - to mention a few of the human rights impacted by gender-based violence - are safeguarded in the Universal Declaration of Human Rights and the International Covenants on Civil and Political Rights and on Social, Economic and Cultural Rights.

In order to step the combat against violence and discrimination against women, the United Nations adopted specific instruments and measures.

Instruments adopted by the Council of Europe

As a human rights issue, gender equality and gender-based violence are addressed firstly by human rights instruments such as the European Convention on Human Rights and the European Social Charter.

The growing awareness of the extent and persistence of the problem has led to the creation of specific instruments addressing gender-based violence in its various forms.

Action at national level remains essential

Despite the significant progress achieved with the instruments mentioned above, recognition and existing legal measures are not sufficient. Effective mechanisms and processes for violence prevention and gender mainstreaming need to be put in place. In addition to the international human rights mechanisms, important policies or bodies at national level need to include:

  • National committees for gender advancement with a clear plan of action;
  • Equality ombudsman;
  • Effective legislation to ensure legal and substantive equality;
  • Affirmative action, such as quotas for women in education and employment;
  • Women’s NGOs, LGBT+ organisations and women’s or LGBT+ studies in universities. These may play an important role in advocacy or lobbying efforts.
  • What is gender-based violence?
  • What causes gender-based violence?
  • Types of gender-based violence
  • Exploring gender and gender identity
  • Youth work and youth policy responses

Chapter 1: Gender identity, gender-based violence and human rights

Gender Matters, a manual on addressing gender-based violence affecting young people

IMAGES

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