How Does the Rule of Law Protect Human Rights

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Minorities have not been definitively defined in international human rights instruments, but are generally described in these instruments as having national or ethnic, religious or linguistic characteristics distinct from the majority population and which they wish to maintain. These are protected: respect for and support for the rule of law brings great benefits to businesses and other stakeholders. When the rule of law is weak, it is more difficult for responsible businesses to operate, comply with their legal obligations and protect their legal rights. The courts play an essential role in upholding the rule of law, particularly when they hear complaints from minority groups or persons who may hold minority views. Equality before the law is so integral to the U.S. system of government that when a majority, intentionally or unintentionally, violates the rights of a minority, the Court sees fit to hear both sides of the controversy in court. The human rights movement is increasingly facing conceptual, normative and political challenges. Perhaps, as de Mello suggested, the rule of law will be a „fruitful principle that leads us to agreement and results“ and „a touchstone for us in spreading the culture of human rights.“ Trust in public institutions and official functions is undermined by inequality and discrimination. This is an important reminder of the importance of promoting human rights and the rule of law as a fundamental element of each country`s development agenda.

The Universal Declaration of Human Rights is the most important of all human rights instruments. The Declaration also contains a strong reference to the duties of community and citizenship, which are essential for free and full development and respect for the rights and freedoms of others. Similarly, the rights set forth in the Declaration may not invoke individuals or States that violate human rights. „This conclusion in no way implies a superiority of the judiciary over the legislative power. It only assumed that the power of the people was superior to both; and that if the will of the legislature, declared in its statutes, is contrary to the will of the people proclaimed in the Constitution, judges should be governed by the Constitution and not by the former. They should regulate their decisions by basic laws and not by non-fundamental ones. The rule of law has contributed to the incorporation of economic, social and cultural rights into national constitutions, laws and regulations. Where these rights are justiciable or their legal protection is otherwise ensured, the rule of law provides remedies when these rights are not respected or public funds are misused. It goes without saying that the protection and understanding of human rights ultimately depends mainly on developments and mechanisms at the national level. Existing laws, policies, procedures and mechanisms at the national level are essential to the enjoyment of human rights in each country. It was therefore crucial that human rights be part of national constitutional and legal systems, that members of the judiciary be trained in the application of human rights standards and that human rights violations be condemned and punished. National standards have a more direct impact and national practices are more accessible than those at the regional and international levels.

As Eleanor Roosevelt noted: According to the Secretary-General`s definition, the rule of law requires that legal procedures, institutions and substantive standards be consistent with human rights, including the fundamental principles of equality before the law, accountability before the law and equity in the protection and promotion of rights (S/2004/616, by. 6). There is no rule of law in societies if human rights are not protected and vice versa; Human rights cannot be protected in societies without a strong rule of law. The rule of law is the mechanism for implementing human rights, which translates their principle into reality. The American democratic system is not always based on the simple majority rule. Certain principles are so important to the nation that the majority has agreed not to interfere in these areas. For example, the Bill of Rights was adopted because concepts such as freedom of religion, freedom of expression, equal treatment and due process were considered so important that even a majority should not be allowed to change them. The rule of law and human rights are two sides of the same principle, the freedom to live in dignity. The rule of law and human rights are therefore inseparable and indivisible. This internal relationship has been fully recognised by Member States since the adoption of the Universal Declaration of Human Rights, which states that „while man should not be compelled to resort to rebellion against tyranny and oppression as a last resort, it is essential that human rights be protected by the rule of law“. In the Millennium Declaration, Member States agreed to spare no effort to strengthen the rule of law and respect for all internationally recognized human rights and fundamental freedoms. In the 2005 World Summit Outcome, Member States recognized the rule of law and human rights as universal and indivisible fundamental values and principles of the United Nations.

In the declaration of the high-level meeting on the rule of law, Member States stressed that human rights and the rule of law are interdependent and mutually reinforcing. Human rights-based approaches to the development and exercise of legal, institutional and operational functions are an important means of identifying and eliminating structural inequalities and pervasive forms of discrimination that can prevent marginalized groups from accessing justice and equal protection of the law. We will conduct research, develop policies and communicate strategies to better understand the importance of transparency and access to information as key elements of accountability; strengthen the capacity of national human rights institutions and oversight bodies to assess and enforce standards of transparency and freedom of information; and work within the United Nations system to strengthen its policy in this area. We, the people – individuals, institutions and governments – all have a role to play in upholding the rule of law. ABA is synonymous with the rule of law. Join us#RuleofLaw In addition to the International Bill of Human Rights, the UN has adopted seven other treaties dealing with specific rights or beneficiaries. There has been a mobilization in favour of the idea of certain rights or beneficiaries – for example, children`s rights for children – because, despite the application of all human rights to children and young people, children do not have equal access to these universal rights and they need special additional protection.