AMU Homeland Security Intelligence Legislation North America

Democracy vs Human Rights: Does it work?

By Kerry Givens

The  universal values of freedom, and the inalienable value and respect for human rights and the principle of holding regular and legitimate elections by universal suffrage are essential elements to the foundation of a democratic state. In return, democracy provides the universal environment for the protection and effective realization of human rights. These values are embodied in the Universal Declaration of Human Rights and further reinforced in the International Covenant on Civil and Political Rights which legislate a number of political rights and civil liberties underpinning meaningful democracies.

I see democracy as an environment in which human rights can develop and thrive. Some view democracy as political ideology rather than something that afforded to all. One can see this in the “Arab Spring”. Many  people rose against their authoritarian government only to elect  theocratic  parties that  do not recognize the Jeffersonian democracies of the west nor do they  share or acknowledge  or moral system

Human rights is a precursor to liberty and foundation to democracy. John F. Kennedy was quoted as saying that “The rights of every man are diminished when the rights of one man are threatened.”In the 1960s, Americans who knew only the potential of “equal protection of the laws” expected the president, the Congress, and the courts to fulfill the promise of the 14th Amendment. In response, all three branches of the federal government as well as the public at large debated a fundamental constitutional question: Does the Constitution’s prohibition of denying equal protection always ban the use of racial, ethnic, or gender criteria in an attempt to bring social justice and social benefits?

First, they attach to persons rather than to particular jurisdictions; that is, they apply regardless of who violates them or where the violations occur.  The second reason is they are globally recognized as standards of legitimacy binding not only on states but also organizations  such as n IGOs, TNCs, . This is important because too often do IGO’s NGO’s and other organization. The third reason is human rights do not require a comprehensive political framework for implementation their protection is compatible with the multiplicity of governance including democratic state government characteristic of global politics.The final reason is that human rights articulate the goals and objectives rather than the mechanisms.  This allows for flexibility and adaption to diversity of existing and emerging forms of governance/

A potential problem with the current democratic political institutions established criteria that for institutions such as voting to consider legitimate each citizen must possess equal practical reasoning ability and conscientiousness. This means for the democracy to be considered free and fair each citizen regardless of the limited nature of a single vote must educated and familiarize themselves on the issues.  The second potential problem is democratic political institutions is “Majoritarianism” in which population is entitled to a certain degree of primacy in society, and has the right to make decisions that affect the minority.

 

 

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