The Rule Of Law Is Fundamental To The Protection Of Human Rights Assignment Sample

Introduction: The Rule of Law and its Impact on Human Rights

The presence of “rules of law” is extremely important when it comes to providing security to “human rights.".The study is going to deliver on the responsibility of defining an explanation of the “rule of law.".The study will also be responsible for extensive insight on the types of “human rights.".Through the illustration of the study, the contribution of the “rule of law” in protecting human rights is going to be discussed. The study will also serve the rationale of identifying the relation that exists between the “rule of law” and “human rights.". The study will focus on “The 'rule of law” is fundamental to the protection of “human rights'” as the topic for discussion.

Discussion on the Interdependence of the Rule of Law and Human Rights in Securing Freedom and Dignity

According to Valcke (2016), “the “rule of law' requires that legal processes, institutions and substantive norms are consistent with 'human rights', including the core principles of equality under the law, accountability before the law and fairness in the protection and vindication of rights.".The presence of “rule of law” is said to be abolished when the “human rights” are not being protected. Therefore, it indicates that a strong “rule of law” is important and plays a key role in securing“human rights” within a nation. In the findings of Das (2014), it is proposed that the “rule of law” serves as the implementation process when it comes to deploying the “human rights” and promoting them to a reality from principle. The “rule of law” has been responsible for anchoring the sociological, economic and cultural rights within the constitutional constraints as well as regulations. The “rule of law” serves as the rationale for acting as the “platform of redress” in instances where these rights are not being upheld or the public assets are being subjected to misuse. While universal agreements on norms, “human rights,” and standards serve as the cornerstone of the normative foundation, the initiative of anchoring such rights in their cultural, political and historical context is driven by the deployment of the “rule of law.".Therefore, the states are not in possession of the diverse national experiences when it comes to the deployment of the “rule of law” as well as its corresponding systems.

The “human rights” and the rule of the law resemble as the two sides within a similar principle, and that principle is“freedom to live in dignity”. The “human rights” and the “rule of law” reciprocate on internal and indivisible correlation with each other. This interrelationship has been subjected to full recognition by the Member states by adopting the “Universal Declaration of “human rights””, wherein defines that, “if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that “human rights” should be protected by the “rule of law” ” (UN, 2023). In the “Millennium declaration”, council nations resorted to try out all means for strengthening the respect as well as the “rule of law” for all rudimentary independence as well as “human rights” that are recognised globally. Furthermore, the “2005 World Summit Outcome” was responsible in making the Member states realise that the “human rights” and the “rule of law” share a possible lineage with the indivisible and universal core principles that are laid down by the United Nations. The “human rights” Council has been extremely active when it comes to advancing the contribution of the “rule of law” for protecting “human rights”. It is because the council have adopted a series of new resolutions that bear relation to the “rule of law” and “human rights”, which include “administration of justice; on the integrity of the judicial system; and on “human rights”, democracy and the “rule of law” ”.

This can be implied that the perception of “human rights” and the “rule of law” ” share a significant relation and they are deemed to be inseparable (Wiener et al., 2014). If there is any adverse intervention, decline or erosion within the advent of “rule of law”, the “human rights” will be at risk of being compromised. In UK, the directive legislation of the state policies and basic human rights have been enumerated within Part-IV and Part-III of the Constitution respectively. No political party who comes into power would demonstrate the audacity to brush aside these provisions. Instead, they would attempt to convert these constitutional policies into actions such as developing new laws for strengthening the security of the “human rights”. Rights and duties have a degree of parallel relation. Rights in the lack of stakeholder participation that aligns with corresponding obligations and duties will render the rights meaningless. On the contrary, the responsibilities of the state members to the society will amplify the position of “rule of law” and lay down the path for the social order which is based on the protection of the “human rights”. Therefore, it is observed that the “rule of law” has a positive influence in the context of the efficacy of securing “human rights”.

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One of the major human right is the “right to life and liberty”. The “right to life and liberty” proclaims that the human being should not be killed by other entities and the individual is free to move and must not be asserted a subject for “arbitrary detention”. In an attempt to secure such protection with legal provisions, Article 2 and Article 5 has been included as a clause with the launch of the “Human Right Act 1988” as the law. It is because Article 5 states that “1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: a. the lawful detention of a person after conviction by a competent court; b. the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by aw."(Macovei, 2023). Whereas the article 2 states that “1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which the penalty is provided by law” (Equalityhumanrights, 2023). This provision is in coherence with the principles of “rule of law," asit states that a clear, transparent law is enacted to ensure the protection of “human rights,” and such a principle is met by the “Human Rights Act 1988” with its transparency in deploying Article 2 and Article 5 within the law. Therefore, it is analysed that the “rule of law” has been applied extensively in the UK to protect“human rights” with the integration of the “Human Rights Act 1988.”.

Another critical human right is the “freedom of opinion and speech.". "Freedomof opinion and speech” entails that every individual has the independence to have their own perceptions without any external interference and to impart information from any media channels, despite its frontiers. In order to secure the human right, the UK government has stepped up to include Article 10 within the “Human Rights Act 1988,"which has played a key role in securing the freedom of opinion. It is because Article 10 states that “everyone has the right to freedom of expression. This right shall include the freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises” (Gov, 2023). This inclusion bears resemblance with the principles of “rule of law,” as it indicates that transparent law should be applied justly to ensure the protection of the “human rights,” and such a requirement is met by the “human rights” Act 1988, as Article 10 describes when the condition of freedom of opinion is violated and when it is not violated. Therefore, it is observed that the “rule of law” has been followed to protect the “human rights” in the UK.

Conclusion

The study has been exemplary in analysing the contribution of the “rule of law” to the protection of “human rights.". From the study, it is concluded that the“rule of law” has been followed while developing the “human rights” Act 1988” and has been successful in providing protection to the “human rights” such as “freedom of opinion and speech” and “right to life and liberty.”.

References

• Valcke, A., 2016. The rule of law: Its Origins and Meanings (A short guide for practitioners).Encyclopedia of Global Social Science Issues, ME Sharp publishing, Forthcoming.
• Das, H.B., 2014. National Academy of Administration, Government of India, Mussoorie.
• UN. 2023. Rule of law and “human rights” - United Nations and the rule of law (no date)United Nations. United Nations. Available at: https://www.un.org/ruleoflaw/rule-of-law-and-human-rights/#:~:text=There%20is%20no%20rule%20of,a%20principle%20into%20a%20reality. (Accessed: 29 December 2023).
• Wiener, A., Lang, A.F., Tully, J., Maduro, M.P. and Kumm, M., 2014. Global constitutionalism: “human rights”, democracy and the rule of law.Global constitutionalism,1(1), pp.1-15.
• Macovei, M. 2023. The right to liberty and security of the person. Available at: https://rm.coe.int/168007ff4b (Accessed: 29 December 2023).
• Gov. 2023.”human rights” Act 1998,Legislation.gov.uk. Statute Law Database. Available at: https://www.legislation.gov.uk/ukpga/1998/42/schedule/1/part/I/chapter/9 (Accessed: 29 December 2023).
• Equalityhumanrights. 2023. Article 2: Right to life(no date)Article 2: Right to life | EHRC. Available at: https://www.equalityhumanrights.com/human-rights/human-rights-act/article-2-right-life#:~:text=1.,penalty%20is%20provided%20by%20law. (Accessed: 29 December 2023)