Topic of article : Control positions of international human rights protection

Transcription

1 Australian Journal of Basic and Applied Sciences, 7(8): 60-64, 2013 ISSN Topic of article : Control positions of international human rights protection 1 Ahad khazai, 2 Saber Afrasyabi, 3 Mohsen hosseinabadi 1 Kermanshah university of medical science Kermanshah iran 2 Department Of Law Science and Research Branch Islamic Azad University Eslamabad-E-Gharb Iran 3 The scientific member of law Group in payamnoor University Tehran (South) Iran Abstract: Protection of human rights is primarily a civil rights issue and each country should seek to limit their power play this is homework. Evolution of the international community, it has enjoyed broad international support. Ways to support human rights there are many and varied. In most international support methods used in support of human rights treaty bodies and UN political organs, so these methods are applicable to legal and political ways of supporting international human rights are. Because protection of human rights treaty bodies on the only countries that are members of the relevant documents and the ability to apply it after the approval of the documentation depends.the main problem with mechanisms supporting human rights treaty there is no coordination between them because each document has its own methods it addition to the heavy time commitments of countries that are members of several significant human rights document Is why it is essential to strengthen the efficiency of international support for human rights treaty arrangements between relevant agencies is done. Protection of human rights treaties, human rights abroad, by political organizations, especially UN Human Rights Commission is taken that the most important organ of control (political, not legal) is the international system. This paper examines the control positions on international human rights inside and outside and also explains some of the documents. Key words: human rights Protection organs Controller proctor INTRODUCTION Human rights include the background as old as human life has on some of the scholars and jurists believe that talk of human rights when it comes to the concept of human freedom in mind and be reminded of this concept and the subject serious attention of humanity throughout history this discussion has been the first sign of King author of Babylon in law years ( BC) was seen in the sixth century BC ruler Cyrus the Great and the hakhananeshian Empire of Iran author charter that regulates the release of Alien Nations effort Had been five centuries before Christ (about 450 BC) the Romans among the twelve there was a plaque that each related regulations, rights and obligations of citizens as well as Roman and medieval darkness despite the freedoms the Charter was due Magnakarta known as the Great Charter of England in 1215 AD The most famous of old documents is that this charter is the basis of British freedom. Definition of Human Rights: With the Universal Declaration of Human Rights, which developed the concept of international law based on the development and formulation finds individualism. So the most important issue of human rights developments in international law is the twentieth century. Relation to human rights with governments and institutions affiliated to consider the government and it seems set of individuals or groups against government support and respect their rights by governments or institutions affiliated to the government wants. According to human rights rules and regulations, people basically have the right nor obligation. With regard to international instruments of human and authentic texts of human rights, these rights can be defined this way: "Human Rights set of rules and regulations of international law that in all times and places of authority, prestige. Humans or group all human dignity Because Humans, against all governments support the Human rights law perspective: Human Rights consists of a collection of individuals belonging to the rates prescribed in the rules of society and that people credit subject human being and its relations with other people in society and the ruling power, ensuring in this case exactly what the person will, it can do. Human rights system is superior and valuable for its strength not only against private individuals but also against the public powers have the necessary protective measures and proper respect adopted a requirement on private persons than the rights of individuals because there is no doubt the sovereignty of individual actions requires that his people not to intervene in this connection that even people with the advantages of public power have earned under this commitment are. Professor DC regarding the principle of rule of law in the state rule of law refers to several cases: Corresponding Author: Ahad khazai, Kermanshah university of medical science Kermanshah iran Tel: ; ahadkhazai2000@gmail.com 60

2 1. No punishment can not be that person or body and lives and property infringement made him unless due to violations of national laws and it just so proof crime by ordinary courts competent legal or adequate ordinary proceedings. This means that no individual can not be arbitrary right to life, freedoms and rights that are deprived of their property or be subjected to arbitrary arrest, except in terms of gross violation of the law and accused the right to address the demand research has the higher court. 2. Professor DC to primary meaning the rule of law is that all citizens should also function as normal lawabiding country and the ordinary law courts to be judged. This means primarily the second, equality of all citizens regardless of social position and their official status before the law and ensures the court overseeing the second this is only one type of rules must exist and function of all citizens Be kind, not the special rules for certain individuals is. Nevertheless of course the general principles in the United Kingdom constitution and fundamental rights of people as well as most fruits judicial decisions (procedural justice: Lowe Commonwealth system) is. Decree dated 15 June 1215 Mgnakarta known in British political history is a big turning point because in this command for the first time the King said that people should be treated with the rule of law is based. Therefore, development of human rights and public freedoms in governments rule only possible in the constitutions of many countries the basic principle of governance based on rule of law country essential addition legislator judiciary (in some countries Power Control) in charge of the country supports the rights of Personal and social obligation to restore public rights and promoting justice and legitimate freedoms of the people. International Human Rights Guarantees: Expression and support international guarantees of human rights can be related to the actions and humanitarian efforts after World War II, knew that a vast network of governmental and non-governmental oversight in various forms has created. Despite the passage of over half a century, yet during its early stages and that its effect is not very effective and promising, although hopes for the future promise of good will. International initiative of governments, in dealing with development and human rights guarantees to different position and participation of governments and their cooperation has been experienced mostly in the general sense solutions to the world rely on texts and practices and the underlying obligations not judicially In particular the concept of political and European and American has to rely on judicial procedures. International Monitoring: Non-judicial procedures set forth in international human rights documents described primarily with mandatory measures are not used so far never led to a decision and not binding law in this regard, the principle of state sovereignty has been respected and the methods Surveillance based in the United Nations and its various affiliated organizations that can total them in the following forms examined. Human Rights Commission: United Nations Charter adopted June 26, 1945, declaring the belief of human rights and dignity and human personality, one of the purposes of the United Nations to achieve international co in promoting and encouraging respect for human rights and fundamental freedoms for all, and universal respect for human comparison It considers in this regard, the UN General Assembly as one of the pillars of promoting international cooperation in helping to realize human rights and fundamental freedoms for all without discrimination of race, sex, language and religion consider Data. For this purpose, Economic and Social Council established the Commission responsible for issues including human rights promotion and development has been. In implementing these rules, Economic and Social Council under Resolution No. 5 adopted by the Human Rights Commission in 1946 established the Commission headquarters is in Geneva. Human Rights Commission, which was initially composed of 18 members, its members during the multiresolution gradually increased and is now under Resolution 48/1990, which increased to 53 members by the Economic and Social Council for three years, With regard to geographical balance and common national divisions, introduced representatives from member states are elected. Human Rights Commission, at its first meeting in 1947, responsible for compiling the draft Universal Declaration of Human Rights that took over after analyzing the text finally adopted on 10 December 1948 was the United Nations General Assembly. The Commission during the first twenty years of its existence ( ) to work on the provision and consolidation of human rights standards based on the theme of the declaration be mentioned that the focus of these efforts point peak approved two International Covenant on Human Rights in 1966 was conventions that later became known global human rights. 61

3 From 1967 onwards, the Commission, each time addressing the issues as one of the Covenant is in the agenda of its annual contract; issue like human rights and fundamental freedoms in the political and racial apartheid prejudice. Judicial protection of human rights requires that there is a legal organization in the rape case to judicial verdict is valid in this regard, the Convention only two European and American regional human rights are guaranteed for their judicial enforcement effective forecast which are: 1. European Court human rights and 2. American Court of Human Rights. European Court of Human Rights: European Convention on Human Rights adopted by the Council of Europe and November 4, 1950 May 11, 1994 amendment to ensure the rights set forth in the Convention attempted to establish the European Court of Human Rights has. European Court of Human Rights composed of judges set to the number of States Parties (Article 20) that each contain much higher moral and justice (Article 21) are independent and have the immunity (Article 51) the judges from among three candidates presented By each of the States Parties a majority vote for the European Parliament are elected for six years and is permitted to reconsider their choice. These courts consisted of the following organizations: 1. Committee, which each are composed of three judges and its members for 12 months are selected and their duty to investigate complaints and the signal is primarily to address the State Party has not surrendered. 2. Branches court judge consists of seven preliminary stage of maturity and responsibility are responsible for. 3. The main branch is composed of seventeen judges final maturity and responsibility and the final verdict is responsible. Work-law legal system, the European Convention on Human Rights in the early stages and is the final phase of the human rights complaint to the European Court may be the area of member states against another state or of individual complaints from area real persons or legal Non-state or group of persons to be victims of rape know their human rights and the respective state government officials were members of it have left and then refer cases to verdict is final. American Court of Human Rights: American Convention on Human Rights approved on 22 November 1969 Conference on Human Rights under the titles American Commission of Human Rights and American Court of Human Rights and common rules to ensure their rights are allocated. American Convention on Standards of human rights legal work at an early stage (by the Commission) and the final order is following. First stage (primary consideration in the Commission): American Commission of Human Rights is composed of seven members who must have much higher moral and human rights issues are familiar to the Commission all the member states represent states that the American members of the private as Among the list of persons nominated by States Parties for four years by the General Assembly are elected and re elected them only once is possible. All of the group or non-governmental organizations that have one or more Member State can have legal recognition to complaints that the Convention based material breach by a State Party shall submit to the Commission the Commission will only accept complaints that users of all complaints judicial process may be followed in the country and eventually reached the conclusion they do procedures the Commission will therefore: 1. If the Commission complaint into detect the titles submitted to respective governments complain of information about possible violations of the Convention will claim that this information includes accurate description than any of the cases will complain that the Commission should specify the time within will be presented to the Commission. 2. If the Commission does not know enough information or if the expiry deadline, it can be justified if the reasons presented in the complaint file to the current form pockets in other laws will be considered subject Ended. 3. The Commission can receive complaints and information received based on facts or lack of connection with the provisions of the Convention has rejected. 4. Commission of the States beneficiary can demand additional information that may or interested parties about the content they hear oral or written testimony that they studied. 5. Commission on its readiness for cooperation with beneficiary governments to compromise and peaceful settlement based on respect and observance of the rights recognized in the Convention will be announced. 62

4 If a peaceful settlement to the Commission report which includes summary results during a fight and will be essay and send it to the parties, a copy of the publication available to the Secretary-General Organization of American States will not, And as if taking into violations of the provisions of the Convention or complaints with the Commission consider the final recommendations need to be sent to the offending government (Article 50) If within three months of the comment above is the case not been settled issue will be referred to court Respectively (Article 51). Second stage (final maturity on the court): American Court of Human Rights composed of seven citizens judge that States Parties must have much higher moral and scientific competence of human rights, needed to qualify anymore and rank highest judicial office, independent (Article 53 ) and with immunity (Article 70) are among the judges of the three-member volunteer group introduced by the member states that introduced one of another nationality must have the member countries with the secret ballot (Article 53) for Are elected for six years and they are just re-elected for a longer period will be permitted (Article 54) Respectively, which was observed in the American court of human rights itself does not investigate individual complaints, but only States Parties to the Convention and the Commission the right to complain of the court will (Article 61). Court presence of at least five members will be recognition (Article 56) The Commission will report to work and pay the necessary explanations to participate in hearings (Article 57) If the court of the violation of rights and freedom of obtaining support in the Convention to proceed to a verdict based on the assurance of having damaged the rights and freedoms have been violated and the sentence as appropriate compensation will be. In case of grave human rights violations by government members, if prevention of irreversible damage is necessary, the court can order to provide the appropriate decisions and force them to adopt. Court decisions that must be justified (Article 66) and non-definitive review of state court decisions are communicated to other States Parties to inform States Parties shall be obliged to comply with the Convention and implementation of court decisions in all cases to be Sentences are related to the implementation of compensation can be based on internal regulations the government is condemned. International NGOs: NGOs in the UN Charter Article 71 also has been considered and has several different purposes including Protection defense of freedom and human rights and humanitarian organizations are some known and some caution goals Following are some of them also with international organizations like the UN and Council of Europe are cooperating closely and are being consulted, especially because these organizations on the current information about various government invasion of individual rights are being role Such a cooperative organization with the Commission on Human Rights is of particular importance for this non-governmental organizations as well as effective and significant contribution in the analysis to international human rights issues are monitoring international support for freedom and cooperation with this initiative even Institutional development has been effective in this study between the three of them proceed. Amnesty International: Amnesty International in London in 1961 has established one of the most famous non-governmental organizations in support of human rights to sue for that effort failed to receive the Nobel Peace Prize was in Amnesty International aim to defend the prisoners to express political opinion, philosophical and religious organizations caught in the forge of freedom from state prisoners a fair trial and they will demand in the shortest term and is opposed to torture and capital punishment. Each year the organization to report the status of prisoners and torture in various countries in some other countries prepared to publish its validity rests primarily on the information is correct, which gained attention with the release of period neutrality Will. Amnesty International also credit-based intervention methods on human rights is thus that through its local groups affiliated to a government wants to accept membership of at least two prisoners to other countries, the field of direct support these prisoners And indirect support from national groups of prisoners against which joins governments membership is accepted method of providing amnesty international initiative led to being private is that these interventions through the mail or telegraph with prisoners and government officials are looking for is done. Positive effect of these measures can not be ignored organized attempt to remove a political and ideological prisoners of anonymity to experience significant residual seems to be because when the prisoner is placed at risk the organization it will be used to inform its members to Immediately to support him to be doing. Amnesty International to maintain its independence from any government office will help the budget and the general members through membership fees and a private gift for personal and cultural activities is provided. 63

5 International Committee of the Red Cross: In the latter half of the twentieth century, numerous differences exist between governments and armed conflict led to the death of injured, displaced, captured, migration, exile or disappearance of millions of men women and children around the world were numerous and basic rights of people disappeared in Such was the situation that the International Committee of the Red Cross was reality. The organization that founded it hanry Dvnan know the name of Henry in 1949 during an international conference four Convention on Human Rights, which provided most of the friendly countries that joined in 1977 as well as two supplementary protocols to the Convention were added to the Convention related to the collective improvement of wounded and sick of war and protection of wounded, sick and sea Drowning of war, prisoners of war and civilians in wartime was a four Convention Article 3 affirms that the ratio or soldier to civilians that the arms have had their land and other people outside of the flows are sick or injured prisoners, regardless of race, color, religion, gender, etc. will be treated humanely. Two supplementary protocols to support the victims of war, international non-guaranteed international human support that more civilian space also includes the territory of a State when the scene of grave unrest (such as multiple arrests, suspension of guarantees Judicial, disappearance, riots, etc.) is the International Red Cross can to support victims of their services available to governments to place. International Commission of Jurists: Aim International Commission of Jurists, which was established in 1952 developed the world's top lawbased programs provide the Commission and human rights, encouraging departments to establish national human rights protection, organizing conferences and publishing reports specifically deployed Court is political observers in the trial of political participation can be very useful. However, the government sent observers need satisfaction is desired but should be noted that opposition to such participation could face trials regarding the government is illegal to destroy the world with public opinion research initiative international commission of human rights violations has Readiness and technical assistance to governments or NGOs ensures finally the United Nations and its specialized agencies and is working towards having consultation with the Economic and Social Council and is also the UNESCO. Conclusion: Human Rights consists of a collection of individuals belonging to the rates prescribed in the rules of society and that people credit subject human being and its relations with other people in society and the ruling power, ensuring in this case exactly what the person will, it can Do. Human rights system is superior and valuable for its strength not only against private individuals but also against the public powers have the necessary protective measures and proper respect adopted a requirement on private persons than the rights of individuals because there is no doubt the sovereignty of individual actions Requires that his people not to intervene in this connection that even people with the advantages of public power have earned under this commitment are. According to what can be said to conclude the international system to control organ-specific and general, there are some significant obstacle to the regulations, although human rights are human rights violations that always happens in some cases but to the entire Acceptable level of control and supervisory agencies in the international system desirable watching cases monitoring human rights violations are so admirable is the organ. REFERENCES Abdollah Javadi Amoli, philosophy, human rights, Nvrallm Publications, Qom, 1384 Emami, hasan, Civil Rights, Publishing Eslamieh, Katouzian Nasser, Philosophy of Law, published rate, ninth edition, 1384 Manouchehr Tabatabaei, reliable, public freedoms and human rights, second edition, Tehran University Press, 1383 MJ, Trmynvlvzhy Rights, Tehran, in 1387 the treasure of knowledge Mohammad Hashemi, protection and guarantee of human rights in domestic law and international system, Tehran, publication rate, Shirin Ebadi, history and documents human rights in Iran, Tehran, intellectuals Publications, 1381 Tabrizi, Mohammad Taghi Jafari system, universal human rights from the perspective of Islam and the West and the two matched each other, Tehran, Office of Legal Services of international Islamic Republic of Iran, 1370 American Convention of Human Rights European Convention of Human Rights UDHR UN Charter 64