Human Rights Contemporary Issue

a)Outline the nature of the violation Torture is a serious human rights violation and is strictly extirpateed by multinational fair play however it still does continue in majority of the countries rough the world. Torture is an make a motion of deliberately inflicting skanky pang on individual without all legal causes. Torture is not only physical pain plainly also includes the act of causing mental pain as well such as threats to family or loved ones. Torture has been view as as a punishment to intimidate or control a person.The term torturing includes a variety of methods such as severe beatings, electric shock, sexual abuse and rape, hard labour, near suffocation etc. Torture is considered a violation of human rights under Article 5 of the UN UDHR which responsibilitys No one shall be subjected to spin or to cruel, cruel or degrading treatment or punishment. A location in which curse carry ons is Guantanamo Bay cargo hold camp (GTMO) in Cuba. GTMO is a detainme nt and detention preparation of the united States located within Guantanamo Bay Naval Base.The facility was established by the Bush administration to hold detainees from the war in Afghanistan and later in Iraq. It is operated by the Joint Task Force Guantanamo of the United States government in Guantanamo Bay Naval Base, which is on the shore of Guantanamo Bay. A few torture methods being inflicted upon the detainees of GTMO includes sleep deprivation, beatings, locked in confined dust-covered cells, sexual assault and torturing with broken glass, barbed wire and zealous cig arttes )Outline the world-wide instruments and mechanisms in place to deal with the violation, and outline how these mechanisms gestate been breached at that place be numerous laws in place to deal with events involving torture and the quest are the international treaties and mechanisms that determine standards for the human right to be protect from torture and cruel, inhuman or degrading treatment. The Universal Declaration of human Rights (UDHR) is a declaration adopted by the United Nations General Assembly. gibe to Article 5 of the UDHR which states that No one shall be subjected to torture or to cruel, inhuman r degrading treatment or punishment torture is a human rights violation. Torture is a breach of Article 5 of the UDHR as it is an act of deliberate severe pain inflicted on individual to gain randomness. Methods of torture such as beatings, sexual assault, rat torture, scaphism are all cruel, inhuman and degrading treatment which are prohibited and are a breach of the UDHR. The world(prenominal) Covenant on Civil and policy-making Rights (ICCPR) is a treaty adopted by the General Assembly. This engagement elaborates the doctrines put out in the UDHR.Torture is a violation of this convention as it is prohibited under Article 7, which states no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one s hall be subjected without his free consent to medical or scientific experimentation. As torture is a form of cruel, inhuman or degrading treatment it is classified a breach of this stipulation. The United Nations recipe Against Torture (UNCAT) and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights instrument, under the review of the United Nations, that aims to foreclose torture around the world.It is the principal UN treaty concerned with torture. It compromises 33 articles top the rights at stake and the en military unitment mechanisms. Torture is a violation of human rights as the Article 2 of the convention prohibits torture and no exceptional heap whatsoever may be raised to justify torture. Torture breaches this article as it torture still exist straight off even though there are laws prohibiting its occurrence. The Optional Protocol to the Convention Against torture (OPCAT) entered into force on 22 June 2006 and is an important a ddition to the UNCAT.The purpose of the protocol as stated in Article 1 is to establish a musical arrangement of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment. Torture is a breach of this Protocol because it occurs at GTMO as the detainees are treated unjustly such as being deprived of sleep and torturing of wicked objects. The Third geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions.This convention defines humanitarian protection for prisoners of war. The convention states that prisoners of war are authorize in all circumstances to respect for their persons and their honour (Article 14) and must at all times be protected, particularly against acts of violence or bullying and against insults and public curiosity (Article 13). Article 17 spec ifies that no physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatsoever.Prisoners of war who turn away to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind. and so torture is a severe breach of this convention as it is an act of inflicting cruel inhuman pain on prisoners of war to detain information which occurs at GTMO. Even though there are various international instruments and mechanisms in place to deal with torture they are still breached which occurs at GTMO. )Analyse the effectiveness of international law in protecting the human rights you have identified International law is the body of legal rules that apply in the midst of sovereign states which are regarded and acknowledge highly by the international community. International law may be not as effective in other countries due to state sovereignty, a nation states dete rmine and entertain and whether or not treaties have been signed or approved. The core principle of international law is sovereignty.This means that no authority is legally to a higher place the state. The states are not obliged to agree to the international law and apply it within their state because of state sovereignty. This may be a precedent in which why torture still exists in the world today as it has not been entirely abolished because well-nigh states have not concord to apply the international laws dealing with torture within their state e. g. UNCAT where some states have both signed and ratified the convention, states have signed but not ratified and other states which have ot signed nor ratified the covenant such as Papua New Guinea, Angola, Zimbabwe and Iran where torture is known to still occur today. As long as state sovereignty applies the nation state cannot have any orthogonal interference and therefore cannot be influenced as to whether the nation state sho uld apply the international law into their state or not. This limits international law from becoming affective into the nation state. Not every state will agree with the values as they are solely different to their own beliefs.It may be used by states to swan positions of power and gain self interest. Therefore it is not used objectively. For exemplification a state which disapproves of torture may agree to the international laws created to prohibit torture whereas a state which torture may occur and the leader of the state does not want to entirely prohibit torture, will not agree to the international laws as their goals and values differ of other states. If the international law does not benefit the nation state in leastwise the nation state may not decide to apply that law into their nation state.So this weakens the developing and appliance of international law. The ICCPR is a covenant respecting the civil and political rights of individuals. This treaty has been signed by C uba however it has not been ratified. Therefore the nation state does not have to entirely conform to with the treaty which results in torture occurring in Cuba at GTMO and the ICCPR loses its effectiveness. This is because no external interference can influence to comply with the treaty and prohibit torture occurring at GTMO. OPCAT is an addition to UNCAT in which Cuba have yet signed or ratified.It is an international inspection system for places of detention such as GTMO. stock-still since Cuba has not signed nor ratified the protocol OPCAT does not have the jurisdiction to inspect GTMO. This reduces the effectiveness of the international law assisting to prohibit torture occurring at GTMO. As a result of state sovereignty, a nation states values and interest and whether or not the nation state has signed and ratified the treaty international is ineffective in reducing and prohibiting torture in occurring around the world today in such places such as GTMO located in Cuba.