Human Rights Day: Time to translate the mandates into action
The laws confined to paper hold little more than cosmetic value. However, when they are faithfully implemented in letter and spirit, they become the bedrock upon which democracy stands.
Enactment and enforcement are the two vital components of law. Enactment is the birth of law, the moment when it is conceived. It is the intention, the vision of order and justice. And enforcement is its living pulse. It follows enactment and translates the words into action. So, are we serious about the enforcement of laws?
As we celebrate Human Rights Day, a day designated by the United Nations (UN) to draw the attention of international community towards the Universal Declaration of Human Rights (UDHR) which was adopted by the UN General Assembly on 10 Dec 1948 by a vote of 48 to nil with eight abstentions, it’s high time for us to reevaluate our efforts in effectuating those rights and obligations.
The deliberation of UDHR is considered as one of the five core human rights treaties of the UN that functions to advance the fundamental freedoms and to protect the basic human rights for all individuals. The declaration is neither addressed to nations nor to the member states but to every individual. This UN deliberation is in keeping with the words, “We the people of the United Nations” with which the preamble of the UN Charter begins.
In the words of Palmer and Perkins, the acclaimed commentators of Human Rights, ‘UDHR is a beacon of light for all mankind.’ There we can come across 30 fundamental rights, including that of right to life and liberty, and freedom of speech, guaranteed to every human being by virtue of being human.
Observe the laws
Ever since its inception, UDHR has acted as a morally binding guideline to protect humanity and uphold human dignity. Still, this occasion of Human Rights Day always affords a mixed reaction. Yet, its gross and systematic violation continues in our part of the world. To tell you a fact, our rights are merely limited on papers.
A day does not pass without news stories of severe human rights violations in countries across all regions of the globe. Are our children being treated humanely? Are our labor rights protected humanely enough? Are our women safe on the streets? Are our women, children, differently-abled persons or senior citizens living a dignified life? Are we getting a breath of fresh air?
The rights incorporated under the UDHR are also embodied under the Constitution of Nepal. Take an example of Article 16, which envisages that every person shall have the right to live with dignity.
So, what does dignity mean? Is it an integral part of human rights? Dignity means a state or quality of being worthy of honor and respect. A dignified life has a freedom to exercise his rights and even fight for it. It symbolizes equality as an intrinsic right and confirms that every human is equal in this world and that everyone has equal rights and duties.
Enhance economy
The concept of equality is also one of the notions of UDHR as well as ours’ Constitution. The digital divide, stereotype and division of society in line with economical and political status demonstrate a vivid reality that things are not equal in our country and equality remains a legal matter limited to black letters of law. The same is the case with the right to the environment. Our cities are so polluted that the constitutional guarantee of the right to live in a pollution-free environment gets violated in broad daylight.
The right to employment also seems to be limited on paper as our majority of youths are toiling in gulf and developed countries for a better future.
The continuous violation of our rights or state’s incompetence in enforcing those rights gives a message that we cannot upkeep the constitutional guarantees unless we are economically sound. Dr BR Ambedkar, the chief architect of Indian constitution, was of the view that civil and political democracy cannot be implemented in true sense unless we have a robust economic democracy. Simply put, our rights cannot be implemented in letter and spirit, unless the state is economically sound enough for that.
It’s high time to declare a universal declaration for maintaining the economy of the states so as to make the states qualified to implement those laws and obligations.
So, will it be just to conclude that the only thing universal about human rights is its universal violation?
Way out
Our education system should encompass values such as peace, non-discrimination, equality, pollution-free environment, fair and impartial justice, dignity, tolerance, and respect for human dignity. Our legal education system is good at imparting knowledge about human rights but bad at educating students about equity, violence redressal and preventive mechanisms.
The concerns of human rights can no longer remain an affair of a particular state in the present world. The only thing universal about universal human rights ought to be its universal acceptance.
Ironically, the mandates of UDHR don’t seem to have the muscle of measures, such as allocation of grants to the states with limited economies to enforce the rights in actual sense. It’s seen that the developing countries, like Nepal, are in a sorry state to enforce fundamental rights just because of poor economic conditions. The observance of UDHR is not a charity but a duty. It’s high time to stand together against all forms of bigotries and human rights’ violation. Over and above all this, it’s high time for the UN member states to resort precisely towards actual enforcement than the mere enactment of the laws.
