User:Najnin islam/sandbox

Introduction: Human rights are based on the principle of respect for the individual. Their fundamental assumption is that each person is a moral and rational being who deserves to be treated with dignity. They are called human rights because they are universal. Whereas nations or specialized groups enjoy specific rights that apply only to them, human rights are the rights to which everyone is entitled—no matter who they are or where they live—simply because they are alive. Yet many people, when asked to name their rights, will list only freedom of speech and belief and perhaps one or two others. There is no question these are important rights, but the full scope of human rights is very broad. They mean choice and opportunity. They mean the freedom to obtain a job, adopt a career, select a partner of one’s choice and raise children. They include the right to travel widely and the right to work gainfully without harassment, abuse and threat of arbitrary dismissal. They even embrace the right to leisure. In ages past, there were no human rights. Then the idea emerged that people should have certain freedoms. And that idea, in the wake of World War II, resulted finally in the document called the Universal Declaration of Human Rights and the thirty rights to which all people are entitled.

Definition: Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal (applicable everywhere) and egalitarian (the same for everyone). These rights may exist as natural rights or as legal rights, in local, regional, national, and international law. The doctrine of human rights in international practice, within international law, global and regional institutions, in the policies of states and in the activities of non-governmental organizations, has been a cornerstone of public policy around the world. The idea of human rights states, "If the public discourse of peacetime global society can be said to have a common moral language, it is that of human rights." Despite this, the strong claims made by the doctrine of human rights continue to provoke considerable skepticism and debates about the content, nature and justifications of human rights to this day. Indeed, the question of what is meant by a "right" is itself controversial and the subject of continued philosophical debate.

Background of IDHRB: In late 1994 the process of establishing these institutions was initiated. The Institutional Development of Human rights in Bangladesh (IDHRB) project was formally launched in 1995. The work of drafting a law was continued during 1996-2001 under Awami League government. Later BNP-led alliance government on December 10, 2001 formed the committee headed by the law minister to examine the prospect of setting up of the commission. They proposed to enact a comprehensive law on the protection of human rights instead of legislating a bill for instituting a National Human Rights Commission only. After a series of meetings on January 23, 2003 committee finalised the draft and sent it to the Cabinet Division. Since then, the bill has not been placed before the cabinet meeting. In an international conference in 2004, the former law minister informed that difference of opinion among the ministers was delaying the constitution of the institution. In the previous tenure of Awami League, their law minister was also promised to establish the institution during their tenure. The draft bill stipulated a five-member commission led by a retired judge of the Appellate Division of the Supreme Court, which must have one-woman member. The commission is supposed to investigate any human rights violation and recommend actions. It could probe any such incidents by the defence forces. The human rights commission was also a demand of the international donors who thought good governance critically depends on the rule of law. The process has been continuing for last the 12 years. May be the first country in world that is taking this long time to establish an effective institution. The non-governmental organisations and the civil society who were critical about the progress of this institution are also keeping their views confined in seminars and meetings with the international organisations. After coming to office on January 11, 2007, the present council of advisors pledged to establish the commission to honour and institute human rights in the country. Foreign ministry placed a draft to this effect before the council of advisers on September 8. The council in principle approved the draft and asked a seven-member committee headed by the law secretary to finalise the draft proposal and resubmit it in the shortest possible time for its consideration. The law, justice and parliamentary affairs ministry accordingly submitted the revised proposal, which the council of advisers approved on December 09, 2007

Historical origin & developments of human rights: The philosophical ideas defended by the likes of Locke and Kant have come to be associated with the general Enlightenment project initiated during the 17th. and 18th. Centuries, the effects of which were to extend across the globe and over ensuing centuries. Ideals such as natural rights, moral autonomy, human dignity and equality provided a normative bedrock for attempts at re-constituting political systems, for overthrowing formerly despotic regimes and seeking to replace them with forms of political authority capable of protecting and promoting these new emancipatory ideals. These ideals effected significant, even revolutionary, political upheavals throughout the 18th. Century, enshrined in such documents as the United States’ Declaration of Independence and the French National Assembly’s Declaration of the Rights of Man and Citizen. Similarly, the concept of individual rights continued to resound throughout the 19th. Century exemplified by Mary Wollstencraft’s Vindication of the Rights of Women and other political movements to extend political suffrage to sections of society who had been denied the possession of political and civil rights. The concept of rights had become a vehicle for effecting political change. Though one could argue that the conceptual prerequisites for the defence of human rights had long been in place, a full Declaration of the doctrine of human rights only finally occurred during the 20th. Century and only in response to the most atrocious violations of human rights, exemplified by the Holocaust. The Universal Declaration of Human Rights (UDHR) was adopted by the UN General Assembly on 10th. December 1948 and was explicitly motivated to prevent the future occurrence of any similar atrocities. The Declaration itself goes far beyond any mere attempt to reassert all individuals’ possession of the right to life as a fundamental and inalienable human right. The UDHR consists of a Preamble and 30 articles which separately identify such things as the right not to be tortured (article 5), a right to asylum (article 14), a right to own property (article 17), and a right to an adequate standard of living (article 25) as being fundamental human rights. As I noted earlier, the UDHR has been further supplemented by such documents as the European Convention for the Protection of Human Rights and Fundamental Freedoms (1953) and the International Covenant on Economic, Social and Cultural Rights (1966). The specific aspirations contained within these three documents have themselves been reinforced by innumerable other Declarations and Conventions. Taken together these various Declarations, conventions and covenants comprise the contemporary human rights doctrine and embody both the belief in the existence of a universally valid moral order and a belief in all human beings’ possession of fundamental and equal moral status, enshrined within the concept of human rights. It is important to note, however, that the contemporary doctrine of human rights, whilst deeply indebted to the concept of natural rights, is not a mere expression of that concept but actually goes beyond it in some highly significant respects. James Nickel ( 1987: 8-10) identifies three specific ways in which the contemporary concept of human rights differs from, and goes beyond that of natural rights. First, he argues that contemporary human rights are far more concerned to view the realization of equality as requiring positive action by the state, via the provision of welfare assistance, for example. Advocates of natural rights, he argues, were far more inclined to view equality in formalistic terms, as principally requiring the state to refrain from ‘interfering’ in individuals’ lives. Second, he argues that, whereas advocates of natural rights tended to conceive of human beings as mere individuals, veritable ‘islands unto themselves’, advocates of contemporary human rights are far more willing to recognize the importance of family and community in individuals’ lives. Third, Nickel views contemporary human rights as being far more ‘internationalist’ in scope and orientation than was typically found within arguments in support of natural rights. That is to say, the protection and promotion of human rights are increasingly seen as requiring international action and concern. The distinction drawn by Nickel between contemporary human rights and natural rights allows one to discern the development of the concept of human rights. Indeed, many writers on human rights agree in the identification of three generations of human rights. First generation rights consist primarily of rights to security, property, and political participation. These are most typically associated with the French and US Declarations. Second generation rights are construed as socio-economic rights, rights to welfare, education, and leisure, for example. These rights largely originate within the UDHR. The final and third generation of rights are associated with such rights as a right to national self-determination, a clean environment, and the rights of indigenous minorities. This generation of rights really only takes hold during the last two decades of the 20th. Century but represents a significant development within the doctrine of human rights generally.

Sub-Commission on the Promotion and Protection of Human Rights: In 1999 the Economic and Social Council changed its title from the Sub-Commission on Prevention of Discrimination and Protection of Minorities to the Sub-Commission on the Promotion and Protection of Human Rights". The Sub-Commission on the Promotion and Protection of Human Rights was the main subsidiary body of the Commission on Human Rights. It was composed of twenty-six experts whose responsibility was to undertake studies, particularly in light of the Universal Declaration of Human Rights, and make recommendations to the Commission concerning the prevention of discrimination of any kind relating to human rights and fundamental freedoms and the protection of racial, national, religious and linguistic minorities. Membership was selected with regard to equitable geographical distribution. The Sub-Commission established seven Working Groups that investigate specific human rights concerns, including: •	Minorities •	Transnational corporations •	Administration of justice •	Anti-terrorism •	Contemporary Forms of Slavery •	Indigenous Populations •	Communication •	Social Forum The United Nations Human Rights Council assumed responsibility for the Sub-Commission when it replaced the Commission on Human Rights in 2006.

International protection: In the aftermath of the atrocities of World War II, there was increased concern for the social and legal protection of human rights as fundamental freedoms. The foundation of the United Nations and the provisions of the United Nations Charter provided a basis for a comprehensive system of international law and practice for the protection of human rights. Since then, international human rights law has been characterized by a linked system of conventions, treaties, organizations, and political bodies, rather than any single entity or set of laws.

Human rights and human development: In seeking that something else, human development shares a common vision with human rights. The goal is human freedom. Therefore, human development is interconnected with human rights and human freedom because in well-managed prisons life expectancy and literacy as measured by the Human Development Index could be quite high. And in pursuing capabilities and realizing rights, this freedom is vital. People must be free to exercise their choices and to participate in decision-making that affects their lives. Human development and human rights are mutually reinforcing, helping to secure the well-being and dignity of all people, building self-respect and the respect of others. In the days of fast globalization, human rights issues surface in relation to multilateral corporations and poverty issues. The idea of human development stipulates the need for education, better conditions for work and more choices for individuals. The idea goes with what human rights. The two concept is simultaneously promoted first by well governance, implementation of human rights policy and a formation of participation of community in decision making processes, second by the promotion of civil and political rights and economic and social rights, which are components of the level of development. For instance, the right for education relates to intellectual development, and political rights relates to the level of the political development of that society.

Pillars of human development: There are six basic pillars of human development: equity, sustainability, productivity, empowerment, cooperation and security. •Equity is the idea of fairness for every person, between men and women; we each have the right to an education and health care. •Sustainability is the view that we all have the right to earn a living that can sustain our lives and have access to a more even distribution of goods. •Productivity states the full participation of people in the process of income generation. This also means that the government needs more efficient social programs for its people. •Empowerment is the freedom of the people to influence development and decisions that affect their lives. •Cooperation stipulates participation and belonging to communities and groups as a means of mutual enrichment and a source of social meaning. •Security offers people development opportunities freely and safely with confidence that they will not disappear suddenly in the future.

Human Rights Directory for Bangladesh: Human rights violations have become daily occurrences in Bangladesh. The populations with limited financial resources are especially vulnerable to human rights violations. Those who have been victims of human rights violations often try to seek help from community leaders, law enforcement agencies, lawyers, journalists, human rights advocates and organizations, and local government officials. But many people still lack access to communicate with the above mentioned entities. RI has published human rights directory to fulfill that gap to a certain extent. The directory contains information about important organizations, government officials, civil society organizations, human rights advocates, police stations in 17 districts of Bangladesh, in order to ensure that these entities can be contacted about any incidences of human rights violations. It is hoped that this directory will help provide numerous benefits for the population of these 17 districts.

Declaration of Human Rights and Responsibilities: The Declaration of Human Duties and Responsibilities (or DHDR) was written for reinforcing the implementation of human rights under the auspices of the UNESCO and the interest of the UN High Commissioner of Human Rights and was proclaimed in 1998 "to commemorate the 50th anniversary of the Universal Declaration of Human Rights"(UDHR) in the city of Valencia. Therefore it is also known as the Valencia Declaration. Considering that the major challenge for this new century is the effective and efficient realization of human rights for all people, and that at the same time is needed that all members of the human family strive for its fulfillment, the DHDR formulates related duties and responsibilities for our current interdependence. Its preamble states categorically: The effective enjoyment and implementation of human rights and fundamental freedoms is inextricably linked to the assumption of the duties and responsibilities implicit in those rights..... After fifty years of the adoption of the UDHR and following human rights instruments, the point of departure of the DHDR Preamble is the shared concern regarding the lack of political will for enforcing globally human rights. Moreover, the DHDR takes into account the new challenges of the global scenario for translating semantically rights into duties and responsibilities. “Recognizing the changes that new technologies, scientific development and the process of Mondialisation have brought about, and aware of the need to address their impact upon and potential consequences for human rights and fundamental freedoms“, states in its Preamble. Its 12 Chapters and 41 articles can be compared with the human rights such as formulated in the UDHR and recent initiatives that reflect a similar preoccupation for the formulation of duties and responsibilities, such as the United Nations Millennium Declaration, the Statute of Rome, the Global Compact, The Earth Charter, the Kyoto Protocol, and UNESCO declarations and conventions.

Transparency for Human Rights in Bangladesh: Relief International-UK 's project “The Transparency for Human Rights (THR) in Bangladesh” builds on the tradition of outspoken sharp reporting in Bangladesh with an action designed to train and organise media professionals and media outlets so that they have the power to defend freedom of expression in Bangladesh and to advocate for widespread respect for human rights at the national level through coalitions with other rights defenders and opinion makers. The results of the proposed action are objective reporting, stronger capacity of media professionals to defend the right to free expression, increased public access to information, increased public awareness of and public pressure for human rights, and an improvement in the human rights record of the Bangladeshi government. The 2 years long project is funded by European Commission (EC). Target groups for the programme are media professionals and opinion makers, educators and youth, local government and civil society representatives in 20 districts across Bangladesh, reached in two phases (10 pilot districts (Gazipur, Naraynaganj, Comilla, Chandpur, Chittagong, Dhaka, Jessore, Bagehot, Khulna, Joypurhat). The Transparency for Human Rights in Bangladesh is built on Relief International’s project Media Access and Education for Human Rights: Bangladesh (MAEHR) implemented in Bangladesh with funding from the European Commission under the European Instrument for Democracy and Human Rights (EIDHR). The 18 months long project was implemented in 10 districts in Bangladesh  over the period 2008 -2009. The MAEHR aims to strengthen the power of the media to enlighten the mass population of Bangladesh about their fundamental rights and issues pertaining to human rights.

Human rights violations: Human rights violations occur when actions by state (or non-state) actor’s abuse, ignore, or deny basic human rights (including civil, political, cultural, social, and economic rights). Furthermore, violations of human rights can occur when any state or non-state actor breaches any part of the UDHR treaty or other international human rights or humanitarian law. In regard to human rights violations of United Nations laws, Article 39 of the United Nations Charter designates the UN Security Council (or an appointed authority) as the only tribunal that may determine UN human rights violations. Human rights abuses are monitored by United Nations committees, national institutions and governments and by many independent non-governmental organizations, such as Amnesty International, International Federation of Human Rights, Human Rights Watch, World Organization Against Torture, Freedom House, International Freedom of Expression Exchange and Anti-Slavery International. These organizations collect evidence and documentation of alleged human rights abuses and apply pressure to enforce human rights laws. Wars of aggression, war crimes and crimes against humanity, including genocide, are breaches of International humanitarian law and represent the most serious of human rights violations. In efforts to eliminate violations of human rights, building awareness and protesting inhumane treatment has often led to calls for action and sometimes improved conditions. The UN Security Council has interceded with peace keeping forces, and other states and treaties (NATO) have intervened in situations to protect human rights.

Women’s rights: Women's rights are the rights and entitlements claimed for women and girls of many societies worldwide. In some places these rights are institutionalized or supported by law, local custom, and behavior, whereas in others they may be ignored or suppressed. They differ from broader notions of human rights through claims of an inherent historical and traditional bias against the exercise of rights by women and girls in favor of men and boys. Issues commonly associated with notions of women's rights include, though are not limited to, the right: to bodily integrity and autonomy; to vote (suffrage); to hold public office; to work; to fair wages or equal pay; to own property; to education; to serve in the military or be conscripted; to enter into legal contracts; and to have marital or parental rights.

Natural law and women's rights: 17th century natural law philosophers in Britain and America, such as Thomas Hobbes, Jean-Jacques Rousseau and John Locke, developed the theory of natural rights in reference to ancient philosophers such as Aristotle and the Christian theologies Aquinas. Like the ancient philosophers, 17th century natural law philosophers defended slavery and an inferior status of women in law. Relying on ancient Greek philosophers, natural law philosophers argued that natural rights were not derived from god, but were "universal, self-evident, and intuitive", a law that could be found in nature. They believed that natural rights were self-evident to "civilized man" who lives "in the highest form of society". Natural rights derived from human nature, a concept first established by the ancient Greek philosopher Zeno of Cilium in Concerning Human Nature. Zeon argued that each rational and civilized male Greek citizen had a "divine spark" or "soul" within him that existed independent of the body. Zeno founded the Stoic philosophy and the idea of a human nature was adopted by other Greek philosophers, and later natural law philosophers and western humanists. Aristotle developed the widely adopted idea of rationality, arguing that man was a "rational animal" and as such a natural power of reason. Concepts of human nature in ancient Greece depended on gender, ethnic, and other qualifications and 17th century natural law philosophers came to regard women along with children, slaves and non-whites, as neither "rational" nor "civilized”. Natural law philosophers claimed the inferior status of women was "common sense" and a matter of "nature". They believed that women could not be treated as equal due to their "inner nature". The views of 17th century natural law philosophers were opposed in the 18th and 19th century by evangelical natural theology philosophers such as William Wilberforce and Charles Spurgeon, who argued for the abolition of slavery and advocated for women to have rights equal to that of men. Modern natural law theorist, and advocates of natural rights, claim that all people have a human nature, regardless of gender, ethnicity or other qualifications, therefore all people have natural rights

Violence against women: an alarming situation in Bangladesh: The incident against women and children has increased manifold in the country over four-year period of the current government surpassing the previous records. School and college going female students and tender children is falling victim to brutality. The heinous event of rape has become a common incident to take place somewhere in the country on regular basis. Rapists are killing and hiding the victims after rape. Even they are burning the women alive. These human brutes are also taking obscene snapshots and video scenes of the victims forcibly and forcing the victims to sign their names on a blank sheet paper so that they cannot unleash the truth even if they want to. Complaining to the law enforcers does not make any change. The offenders remain untouched even after logging of cases against them. No notable progress towards legal proceedings against the offenders, even if arrested any, is seen to happen. The indigent victims get bound to mediate the case and withdraw the same as a result of undue influence, threat or inducement of the well-heeled and influential people who patronize the culprits. Nobody dares to bear witness to the oppression of women due to lack sufficient security of his/her life. Thus the heinous acts of stalking and killing are on the rise day by day. Having raped the victims, the obscene video scenes are being aired and uploaded via mobile phones and internet with intent to humiliate victims’ families. There is a strong allegation of close nexus between the policemen and the culprits in the society in this matter. Eve-teasing and sexual harassment of women has indeed increased but there is none to care. Many of the victims are committing suicide due to their irresistible sense of shame and insult. Of late, a teen-aged girl at Modhupur in Tangail was secretly confined and raped by a gang of rapists. This incident received strong media sensation and public gaze across the country and many human rights watchdogs as well as social activists voiced their deep concern over the happening. Meanwhile on last 5th January, another 11-year old schoolgirl in Shah Ali area of the capital was raped to death by a gang of rapists. The rapists hung her corpse with the ceiling fan after killing. The people of her locality marched in protest with her corpse and seized the police station, but the situation has not been improved. On 6th January 2013, another girl in Muhseniapara area of Cox’s Bazar was brutally killed and hung with a branch of a tree after barbaric gang rape. Eve-teasing and sexual harassment of women are happening under different types of genres. The women in hijab are also being tortured in various ways. The law enforcers are incessantly torturing the women wearing hijab by unjustly arresting them and taking them on remand for days. Cops have nabbed 20 women in hijab on December 17th 2012 including a pregnant one in the capital. Another 13 women were arrested when they came to attend in a seminar in the National Press Club in protest against the unjust arrest of 20 hijab wearing women organized by a women rights watchdog. All are in police custody without any charge laid against them. Statistics show that oppression of women increased to severe extent over last four years. The victims are not getting justice. According to the statistics of the Police Headquarter, the number of incidents of women oppression including those of rape, killing, abduction and sexual harassment reached 12904 in 2009 and 16212 in 2010. According to Odhikar, 389 women fell prey to sexual harassment in the period of January to September of 2012 among them 14 committed suicide, 2 were killed, 21 were injured, 12 were humiliated, 4 were abducted and 57 were attempted to rape.By daring to protest sexual harassment, 6 men were killed, 45 men and 9 women were injured as well as 35 men and 4 women were insulted. A grade ten schoolgirl Marzana, the niece of Officer in-chage Bahubal Model Police station (thana), was raped by the son of a constable of police of same police station. The girl later on committed suicide. Moreover, 648 married women underwent violence over dowry claims of whom 217 were killed and 12 committed suicide. By protesting against dowry violence, one man was killed and 10 men were injured. On last 14th September, a pregnant wife named Noyon Begum was burned alive over dowry dispute in Jessore by her husband Abu Kalam. Another pregnant wife named Salma was killed by her husband as well as father-in-law in Sultanpur village of Jessore on last 8th July. On last 11th September, a college girl (20) was unjustly nabbed, detained and tortured by the cops for long 6 days but no punishment was served against the cullprits.

Rape and sexual violence: Rape, sometimes called sexual assault, is an assault by a person involving sexual intercourse with or sexual penetration of another person without that person's consent. Rape is generally considered a serious sex crime as well as a civil assault. When part of a widespread and systematic practice rape and sexual slavery are now recognized as crime against humanity and war crime. Rape is also now recognized as an element of the crime of genocide when committed with the intent to destroy, in whole or in part, a targeted group.

Rape and sexual enslavement as crime against humanity: The Rome Statute Explanatory Memorandum, which defines the jurisdiction of the International Criminal Court, recognizes rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, "or any other form of sexual violence of comparable gravity" as crime against humanity if the action is part of a widespread or systematic practice. The Vienna Declaration and Programmed of Action also condemn systematic rape as well as murder, sexual slavery, and forced pregnancy, as the "violations of the fundamental principles of international human rights and humanitarian law." and require a particularly effective response. Rape was first recognized as crime against humanity when the International Criminal Tribunal for the former Yugoslavia issued arrest warrants based on the Geneva Conventions and Violations of the Laws or Customs of War. Specifically, it was recognized that Muslim women in Foci (southeastern Bosnia and Herzegovina) were subjected to systematic and widespread gang rape, torture and sexual enslavement by Bosnian Serb soldiers, policemen, and members of paramilitary groups after the takeover of the city in April 1992. The indictment was of major legal significance and was the first time that sexual assaults were investigated for the purpose of prosecution under the rubric of torture and enslavement as a crime against humanity. The indictment was confirmed by a 2001 verdict by the International Criminal Tribunal for the former Yugoslavia that rape and sexual enslavement are crimes against humanity. This ruling challenged the widespread acceptance of rape and sexual enslavement of women as intrinsic part of war. The International Criminal Tribunal for the former Yugoslavia found three Bosnian Serb men guilty of rape of Bosnia (Bosnian Muslim) women and girls (some as young as 12 and 15 years of age), in Foci, eastern Bosnia and Herzegovina. Furthermore two of the men were found guilty of the crime against humanity of sexual enslavement for holding women and girls captive in a number of de facto detention centers. Many of the women subsequently disappeared

Conclusion: That the individual is absolute, that his or her reality must be recognized unconditionally and necessarily lies at the basis of human rights. However, some clarification is needed. What is required for each individual consists in the possibilities he or she has or must unfold and develop. Violence consists in individuals not being able to actualize their possibilities or to open ulterior possible horizons. Human rights are addressed not only or exclusively against open, gene-realized and declared forms of violence. More properly, they are addressed in principle against any form of everyday and hence systematic violence. Therefore, it is not necessary that there be situations of torture, of the "disappeared" or of violations of International Human Law, for there to be gene-realized violation of human rights. Indeed that false idea led to the erroneous belief, spread broadly among social circles in the countries of the First World, those human rights typically is a problem of under development belonging exclusively to the so-called Third World. The issue of human rights is raised as a flag of caution addressed to "others" in order to mark their difference, such as for instance in dialogues between Western countries and some countries of the Middle-East or Asia.