Question

Объясни,для чего государства закрепляют права человека в законах.Почему было недостаточно ограничиться принятием Всеобщей декларации прав человека и международных пактов?

Answer 1

Потому что права человека должны отражаться в письменном виде для различных видов ситуаций,для решений суда,чтобы точно разобраться с делами общества,не придумывая что-то неприемлемое.

Answer 2

The Importance of Enshrining Human Rights in Laws

Governments enshrine human rights in laws for several reasons:

1. Protection of Individuals: By codifying human rights in laws, governments aim to protect the fundamental rights and freedoms of individuals within their jurisdiction. These laws provide a legal framework to ensure that individuals are treated fairly and equitably, regardless of their race, gender, religion, or other characteristics.

2. Legal Enforcement: Laws serve as a means to enforce human rights and hold individuals and institutions accountable for any violations. When human rights are legally recognized, individuals have the right to seek legal remedies and justice if their rights are violated.

3. Promotion of Equality: Laws that protect human rights contribute to the promotion of equality and non-discrimination. They establish a legal basis for equal treatment and prohibit discrimination based on various grounds, such as race, gender, disability, or sexual orientation.

4. Social Cohesion: Enshrining human rights in laws helps foster social cohesion and harmony within a society. When individuals are aware of their rights and have legal protection, it can contribute to a more just and inclusive society where everyone can live with dignity and respect.

5. International Obligations: Many countries are signatories to international human rights treaties and conventions, such as the Universal Declaration of Human Rights and other international human rights instruments. By incorporating these rights into domestic laws, governments fulfill their obligations under international law and demonstrate their commitment to upholding human rights standards.

Limitations of Universal Declaration of Human Rights and International Treaties

While the Universal Declaration of Human Rights and international human rights treaties play a crucial role in promoting and protecting human rights globally, they have certain limitations:

1. Non-Binding Nature: The Universal Declaration of Human Rights is a non-binding document, and international treaties are only binding on the states that have ratified them. This means that countries are not legally obligated to implement the provisions of these documents into their domestic laws.

2. Varied Interpretations: Different countries may interpret and implement human rights differently based on their cultural, political, and legal contexts. This can lead to variations in the level of protection and enforcement of human rights across different jurisdictions.

3. Lack of Enforcement Mechanisms: While international treaties may establish mechanisms for monitoring and reporting on human rights violations, they often lack strong enforcement mechanisms. This can limit their effectiveness in ensuring compliance and accountability.

4. National Sovereignty: Some countries may prioritize national sovereignty and argue that international human rights standards should not override their domestic laws and policies. This can create challenges in harmonizing international human rights standards with national legal systems.

To address these limitations and ensure effective protection of human rights, it is essential for countries to incorporate human rights principles into their domestic laws. This allows for the establishment of enforceable legal frameworks that protect and promote human rights at the national level.