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The universal declaration of human rights essay
The universal declaration of human rights essay
The universal declaration of human rights essay
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Charles the Fifth once said: "May the houses of ambassadors provide inviolable asylum, as did formerly the temples of the gods, and may no one be permitted to violate this asylum on any pretext whatever."
By definition, the word "asylum" is the Latin equivalent to the Greek word "asylon" meaning freedom from seizure; and diplomatic asylum is the protection given by a state to a person who has left his or her country of origin and is seeking diplomatic refuge. Given the previous definition, diplomatic asylum can be traced back to the sixteenth and seventeenth centuries and strongly exists until today; that specific act still causes strong publicity whenever and wherever discussed or granted.
According to an article published by Roman Boed, the right to asylum embodies three major pillars: First, the right of a state to grant asylum which is confirmed in the Universal Declaration of Human Rights stating that a person has a right to
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enjoy asylum from persecution in a different country; second the right of an person to seek asylum which is a better viewing of the topic since it focuses on the right of the individual rather than that of a state; and third the right of that person to be granted asylum which is still an ill-defined topic today in international laws although it was discussed in 1974 by the United Nations during a debate in the Sixth Committee. In discussing the act of diplomatic asylum, one should shed a light on a similar topic referred to as Non-refoulement which is assumed in international laws as the duty of a state not to return a person to a place of persecution.
Finally, among those to whom diplomatic asylum was recently granted is Julien Assange the founder of WikiLeaks, the website that published various restricted governmental information; he activist was given asylum in by the Ecuador embassy in London in …show more content…
2012. References Behrens, P.
(2014). The law of diplomatic asylum–A contextual approach. Michigan Journal of International Law, 35(2). Retrieved from : http://repository.law.umich.edu/mjil/vol35/iss2/1
Boed, R. (1994). The state of the right of asylum in international law. Duke Journal of Comparative & International Law, 5(1). Retrieved from http://scholarship.law.duke.edu/djcil/vol5/iss1/1
UNHCR Historical. (1975, September 22). UNHCR - Question of Diplomatic Asylum. Report of the Secretary-General. Retrieved from
http://unhcr.org/3ae68bf10.html#_ftn3
“Exile is not a time frame. Exile is an experience. It's a sentiment.”- Marco Rubio. This quote goes hand in hand with Edward Said’s critique on exile.
One of Australia’s biggest moral wrongdoings that has been continued to be overlooked is the providing of safety for refugees. Under the article 14, in the Universal Declaration of Human Rights, it states that everyone has the right to seek and enjoy in other countries asylum from persecution. It is not in anyway, shape or form illegal to seek asylum from maltreatment. Australia is obliged under international law to: offer protection, give support, ensure that any individual is not sent back unwillingly to the country of their origin. A report made by
Is it possible for a six-year-old boy to successfully seek asylum in the United Sates against his father’s wishes? This is the main point of exploration in the April 21, 2000 article (off the wire) that appeared in The Plain Dealer. The article relates, “to be granted asylum, people must show that they were persecuted or had a legitimate fear of persecution in their home country because of race, religion, nationality, membership in a social group or political opinions.” According to the article, the case has not reached a decision because of the debate over whether Elian Gonzalez has the right to seek asylum. For the time being, he is allowed to remain with his Miami relatives until the matter is resolved. There may be several levels of appeals and years of debate if the case is sent to an asylum hearing.
According to the 1951 Refugee Convention, refugee is a term applied to anyone who is outside his/her own country and cannot return due to the fear of being persecuted on the basis of race, religion, nationality, membership of a group or political opinion. Many “refugees” that the media and the general public refer to today are known as internally displaced persons, which are people forced to flee their homes to avoid things such as armed conflict, generalized violations of human rights or natural and non-natural disasters. These two groups are distinctly different but fall ...
B. (2010). Immigration and Nationality Law Cases and Materials (4th ed.). Durham, NC: Carolina Academic Press.
Article 14 of the UN Universal Declaration of Human Rights states that “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” An unfortunate truth that remains in the 21st century is that some do not feel protected or safe in their country. In such situations, one seeks asylum in foreign nations. While some welcome asylum seekers with open arms, others are view the concept as a violation of sovereignty.
Center for the Study of Human Rights, Columbia University. (1994) Twenty-five Human Rights Documents. New York: Columbia University.
Illegal immigrants (asylum seekers) face being put into detention centers (prisons). In these centers, immigrants face the same persecution as before. Those running from pain, need not to feel it anymore. These detention centers allow immigrants very few privileges, if any at all. In an article by Washington Times titled “ Illegal Immigrant Detention Centers Rife With Abuses, U.S. Civil Rights Commission report finds” it claims, “Some detention facilities---both government -run and private ones operating on contracts ---don 't provide good medical care, deny illegal immigrants the chance to try to get lawyers to help them with their cases, look the other way when rape or sexual abuse occurs”(Dinan). Rather than treating immigrants as prisoners, These immigrants need to be provided with adequate care. Providing immigrants with this kind of shelter, kindness, food, and other necessities will push the immigrants towards the next step, staying here, finding a job, and expanding the
Julian Assange an Australian editor, activist, journalist and publisher launched the WikiLeaks website in the year 2006. From that moment, the site spiraled rapidly into the limelight all over the world. It then came to be known as the most powerful whistle-blowing and also the most scandalous “media” in the online world. WikiLeaks profanes and violates the right of privacy, right of accountability and confidentiality among Information and data sharing also it has a negative impact on governments, private sectors or businesses and also individuals, there is also a big question of accountability.
According to the Australian Human Rights Commission, there are 2013 people in immigration detention facilities, and 1189 people in community detention in Australia. This includes 127 children in immigration detention facilities and 642 children in community detention. These statistics are indicative of the scale of refugees displaced by the government’s pejorative policies, and allude to the breadth of injustices inflicted upon the most vulnerable people of all. Indeed the depth of these injustices is most apparent at the infamous detention centres themselves. Indefinite detention is not just psychologically depressing, the conditions at the detention centres are violations of not just article 14, but also article 5 of the UDHR, with the ‘United Nations Special Rapportuer on Torture’ finding that harsh conditions and merciless violence in detention centres such as those on Manus island are in shocking violation of the Convention Against Torture, ratified by Australia. Such international decrial is a clear sign that Australia’s treatment of asylum seekers is in breach of the UDHR. The conditions that infants and children in these detention centres are subject to present further breaches of the UDHR, this time contravening the convention on ‘The Rights of a Child.’ The Australian government’s inhumane handling of asylum seekers is a stark violation of articles 5 and 14 of the UN, and its transgression of the convention of ‘The Rights of a Child’ educed denouncement from the UN, defaming Australia’s involvement with the United
Human rights violations are a major factor and have triggered much concern in causing the flight of refugees as well as an obstacle to their safety and voluntary return home. Since the Universal Declaration of Human Rights the recognition and protection of human rights internationally has grown enormously.
Asylum - a word of Greek origin that means ‘what cannot be seized’ - refers to what is inviolable, and as such it invokes a higher power that offers protection. The reluctant or forced movement of people as refugees away from the Kingdom or State of their nationality or residence to another has been an ages old problem. The practice of asylum can be spotted in ancient history. The Kadesh Peace Treaty - concluded in the 13th century BC - between Ramses II and Hatusil III, king of the Hitittas, constitutes the first international treaty that we have evidence of and it contains protection clauses. In nine provisions, the treaty establishes that the exchange of population between the two sovereigns will only take place on condition that neither
The organization registered in 2006 by Julian Assange has started releasing confidential and classified information that a public could be interested in. The significance of the leaks has caused a major impact which tremendously increased the public awareness of the site. According to Assange and the site wikileaks.org the aim is to provide public important news through the secure and anonymous way. Based on Declaration of Human Rights, the organization believes that everyone has a right of free speech and that any data should be transparent and freely available to public. Wiki-Leaks also introduced a new form journalism where the journalists are not motivated by profit or fame, but by an honest desire to reveal the truth and defend the principles of democracy. The Wiki-Leaks represents an international group of volunteers containing highly skilled people such as New York architect John...
UNCHR. (2011). the 1951 convention relating to the status of refugees and its 1967 protocal. Retreived from
The arrival by sea of refugees presents us with a challenge when interpreting and applying the principle of non-refoulement. It also leads to confusion about how to understand the relevant rules relating to the freedom of the high seas. One of those freedoms mentioned in UNCLOS is the freedom of navigation. This freedom comprises two principles, namely;