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Human Rights: Human Rights Act
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Freedom of Speech and Human Rights are taken for granted in the west, but recent years have seen conditions deteriorate around the world. As early as 1997 for example, Human Rights conditions were reported to remain unchanged compared to previous years, or in some countries, actually worsen, around the world. In 1998 for example, the UN reported that even though over a hundred governments had agreed to help outlaw some of the worse violations of rights, torture was still on the increase.
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For the first century of its existence the United States, despite the language of the Declaration of Independence, did not advocate policies to effect human rights changes in other countries. Until 1865 the country faced a serious problem: no matter how eloquent Jefferson's pronunciation that all men are created equal, slavery remained a contentious domestic matter, indicating quite clearly that some men were not as equal as others. Slaves were considered property, not individuals, and the Supreme Court endorsed this idea with the Dred Scott decision in 1857. A resolution came only through a bloody, four-year civil war. Notwithstanding a northern victory and aggressive efforts by Radical Republicans in Congress to reform the South in the late 1860s and 1870s, the states of the South moved shortly after those years to impose a system of economic and political control over African Americans through sharecropping and Jim Crow segregation. The pattern of the southern states' actions received national ratification when the Supreme Court yet again provided its imprimatur for racist practices.
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The Universal Declaration of Human Rights (1948) sets out a list of over two dozen specific human rights that countries should respect and protect. These specific rights can be divided into six or more families: security rights that protect people against crimes such as murder, massacre, torture, and rape; due process rights that protect against abuses of the legal system such as imprisonment without trial, secret trials, and excessive punishments; liberty rights that protect freedoms in areas such as belief, expression, association, assembly, and movement; political rights that protect the liberty to participate in politics through actions such as communicating, assembling, protesting, voting, and serving in public office; equality rights that guarantee equal citizenship, equality before the law, and nondiscrimination; and social (or "welfare") rights that require provision of education to all children and protections against severe poverty and starvation. Another family that might be included is group rights. The Universal Declaration does not include group rights, but subsequent treaties do. Group rights include protections of ethnic groups against genocide and the ownership by countries of their national territories and resources (see Anaya 2004, Baker 2004, Henrard 2000, and Kymlicka 1989).
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Since its inception as an independent nation, the United States has claimed a special relationship with the issue of human rights. When Thomas Jefferson wrote the Declaration of Independence, he captured—as well as spoke to—the yearnings of the colonists along the eastern seaboard of North America to break free from tyrannical rule across the Atlantic Ocean. Theirs was a collective action, of a people striving to achieve the right to determine their own form of government, but Jefferson's rhetoric struck a balance between those collective aspirations and the rights of individuals. It is worth noting that his most famous words on the subject of individual rights—"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness"—are preceded by the collective right of "one people to dissolve the political bands which have connected them with another." Since 1776, Jefferson's sentiments as both an expression of collective as well as individual human rights have continued to draw the attention of peoples around the globe. Although Jefferson was primarily concerned with focusing on the specific grievances and complaints the colonists had against the British king George III, his language gave expression to larger sentiments, coming partly from the Enlightenment philosophy that had recently swept the Western world. As a result, his words seemed transcendent in thought, though they were not necessarily so in their application.
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Where there has been a breach of the European Convention on Human Rights - or even where there is about to be - the victim can take proceedings in court under the Human Rights Act. They may be able to take judicial review proceedings, obtain an injunction to stop the violation, force the public authority to take action or obtain damages and compensation.
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In Cambodia, where government efforts that support partnership with sex workers have led to a dramatic decrease in HIV infection rates, IJM’s raids are denounced by human rights activists. In a 2002 raid on a Phnom Penh brothel, IJM "rescued" Vietnamese women who were then turned over to immigration officials. These women were eventually released, possibly to their brothel owners. This means that no significant change or help had been given to them. This is a common result of such raids: women presumed to be trafficked are offered no real help and are placed at risk for deportation, and they are less trustful of police and NGO workers after the experience.
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Human Rights Act