The American System of Government Protects the Rights of All People: An Argumentative Essay
The provinces in the American continents have created an establishment in the part called Organization of American provinces ( OAS ) . The OAS has a figure of constructions with the purpose of protecting human rights in the American continents. The OAS charter focuses on many countries that promote human rights, democracy, and the right to instruction, economic rights, and equality. The Charter has besides established two chief establishments, which are designed specifically for protection and publicity of human rights: the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights ( Lambelet, 1989 ) . The Charter protects human rights through creative activity of substantial norms and ensures these criterions are maintained through the procedure of petitioning.
Equally much as human rights are being undertaken through the Organization of American States ( OAS ) , it is argued that the American system of authorities promotes human rights maltreatment. For case, Taser maltreatment has been used by constabulary officers to go against human rights. Another incident is whereby the American soldiers have applied for painstaking dissenter ( CO ) position on the Iraq war because of single hazard involved but the authorities has denied this request. These and many others have been raised to oppugn on the protection of human rights by the American system of authorities. This essay critically evaluates the extent to which these two opposing statements are valid.
In the American system of authorities, there are many Human Rights and Treaties, which are documented so that the rights of persons are protected. First is the American Declaration of the Rights and Duties of Man, which was signed in 1948. The papers, which listed cosmopolitan human rights and proclaimed the great demand of protecting the human rights, became the first papers of that nature ( Nickel, 2009 ) . This Declaration was to be adopted subsequently by the Ninth International Conference of American States in Bogota, Colombia. The American Declaration includes human rights that need protection alongside responsibilities that persons have to society. The first chapter of the Declaration provides a list of all the Human Rights from Article 1 through 28. These rights include, economic rights, civil rights, political rights, and societal and cultural rights, such as to work, belongings, civilization, societal security, and leisure clip. The 2nd chapter includes duties to society, towards parents and kids for case to vote, obey the jurisprudence, and serve the community and the state ( Glendon, 2004 ) . In add-on, the Declaration has a general restriction clause, which states that the rights of each person are limited by the rights of other persons and by the security of all citizens.
Second is the Inter- American Convention on the Prevention, Punishment, and Eradication of Violence against Women papers that was adopted in 1994 and enforced in 1995 to forestall force against adult females. This papers defines force against adult females as being gender based and holding a negative consequence on the sexual, physical, or psychological wellbeing of a adult female ( Nickel, 2009 ) . It provides a list of assorted adult females rights that include freedom from force in either public or private sphere, every bit good as favoritism. The province variety meats are usually held responsible for avoiding force against adult females. In add-on, they promote societal consciousness to the society and cultural credence of these rights in the part. Each of the member states presents a study on the manner adult females are treated in its state and provides a request in instance of any misdemeanor on adult females rights.
The Inter-American Convention to forestall and Punish Torture, adopted in 1985 and enforced in 1987, is the 3rd papers. This papers defines all Byzantine Acts of the Apostless and gives them an illegal nature. It states a sort of individual who may be prosecuted as a torturer and goes farther to province that anguish Acts of the Apostless are non justifiable. Harmonizing to this papers, neither there are no exceeding fortunes, in times of war nor an approaching danger brought approximately by a captive, justifies the usage of anguish as a signifier of penalty ( Littman, 2003 ) . It besides gives a list of legal redresss that may be available to torment victims. When the American provinces signed this papers, they committed themselves to hold on the anguish acts that could go against the human rights.
Fourthly, in 1984, ten Latin American provinces adopted The Cartagena Declaration on Refugees. The Document gives an extension of the refugee definition that is found in the United Nations Refugee Convention of 1951. The definition states that refugees are individuals who have escaped from their states because their lives, safety, or freedoms have been threatened by force, internal struggles, foreign aggression, and monolithic misdemeanors of human ( Becker, 2008 ) . The General Assembly of the OAS approved this definition in 1985. This definition was to be used in widening of human-centered aid to the refugees by the member provinces. It was further to avoid any signifier of torment or maltreatment to the refugees by the member provinces. The Cartagena Declaration on Refugees became the root of refugee policy in America and it has been incorporated into the national statute law of its member provinces.
Some people hold a spirited battle against the statement that the American system of authorities protects the rights of all people. They argue that more than 300 people in America have been killed by constabularies through usage of Taser since 2001. The Tasers are being used as tools of force instead than arms of last resort. The American authorities has besides insisted on the Iraq war. More soldiers have late applied for a painstaking dissenter position that would let them non to take part in the Iraq war but the authorities denies the request hence denying freedom of idea, faith, and scruples, which should be guaranteed. These soldiers are hence subjected to being captives of scruples. Another misdemeanor of human rights committed by the American authoritiess is refering the domestic human rights. Race is used as a placeholder for intuition of felons in the United States. The racial profiling has had a negative impact on 32 million people. It put many persons at hazard since America has different races. There are besides child wrongdoers in the United States functioning life without parole sentences in prisons for offenses they committed before they were 18 old ages old.
On a personal history, the claims by those who disagree that the American system of authorities protects the rights of all people are groundless. On certain occasions, it is true that the American system of authorities violates human rights but it has put powerful steps in topographic point to command the misdemeanor. The Organization of American States ( OAS ) focuses on five general countries. First, the OAS seeks to advance adult females ‘s rights, cultural rights, and kids ‘s rights. Second, it enhances farther democracy by specifically beef uping address freedom, promoting engagement of civil society organisations in authorities every bit good as extinguishing corruptness. Third, the OAS dressed ores on regulation of jurisprudence betterment by stressing the Inter-American legal personal businesss development, fring the member provinces of drug maltreatment and trafficking, and take downing offense degrees in the part. Fourth, the American Organization puts greater focal point on increasing peace and security in the part and the Earth at big by extinguishing terrorist act and de-mining of the part. Last, the Organization of American States ( OAS ) tries to beef up the economic system of the part. Although those who oppose the statement have appealing points such as the insistence on Iraq war and misdemeanor on basic human rights, the positive impacts far outweigh the negative 1s. The best to be noted hence is that the American system of authorities protects the rights of all people.