An Introduction to My Perspective...

This site shares something of a new passion of mine. Human rights, in its entirety, is something that has both hindered & blossomed the world's growth. It has encouraged growth in personal autonomy, communal development, as well as strengthening the ends of justice. But it has also hindered growth by way of misinterpretation (and thus misapplication), and has been abused by perpetrators of justice.

 In this blog, I want to put a few things into a different, perhaps idealistic perspective, regarding human rights (HRs). My first attempt at doing this would be by highlighting the 2 most important reasons as to why we should be grateful to have them.
  1. IF it wasn't for HRs, we would not have many freedoms that are offered to us today. These include both Civil & Political rights (CPRs), as well as Economic, Social, & Cultural rights (ECSRs). A discussion on each will be given below.
  2. IF it wasn't for HRs, many of the conflicts experienced internal to specific countries (the most recent example being Sudan) would most likely have gone unassisted by the international community.
The difficulties of administering HR policies, for example, involve a substantial amount of political will & considerations, sufficient resource base, as well as neighbourly support mechanisms. In fact, the debate about the strength & necessity for CPRs & ECSRs is an age-old one, dating back to the inception of the Universal Declaration of Human Rights (UDHR) in 1945 post-World War II. 60+ years later, and we still don't quite have it right yet... But, admittedly, we are a lot closer now than we were all those moons ago.

 In this blog, I will enlighten the readers about my own perspective of HRs, be it any appropriate field of law from public international law & criminal law to even corporate fields like labour law. I would like to prove how HRs has & can continue to influence a positive development in law as we know it...

Comments

Post a Comment

Popular posts from this blog

Breather for Creditors; Beware for Debtors

Commercial debtors and creditors (veteran and inexperienced) are generally aware of the Golden Rule when it comes to debt collection. It is a very old yet deadly rule; it would appear, however, that creditors and debtors alike appear to have limited understanding of this rule in the practical sphere. The Golden Rule : As a general rule, Section 11(d) of the Prescription Act, 68 of 1969 declares that if a debt is owed by person A ( the debtor ) to person B ( the creditor ), and unless person A is a State entity, person B is granted a period of three years from due date to claim the debt from person A in a Court of competent jurisdiction before the debt shall be deemed to have become legally extinguished. It is essential that creditors and debtors alike are aware of this Rule. For the creditor, it indicates the time allowed to enforce its rights to claim the said amount from the debtor. For the Debtor, it indicates whether or not there is a valid defence against a debt wh...
Read more

Can the Hague Convention help me see my child?

The ever-present problem of child abduction persists in many countries. “Abductions” has a wide meaning in terms of Child Law to include keeping a child away in another country from a parent who has rights to see his/her child. South Africa became a signatory to the Hague Convention on the Civil Aspects of International Child Abduction on 1 October 1997 (“the Convention”). Prior to the Convention, even if a parent had a court-ordered right to a child, it was exceptionally difficult to enforce that right outside of the Country which granted the order, being it of ‘access’ or ‘custody.’ The major limitation with respect to the Convention is that it is only applicable to countries who are signatories to it and whom therefore have an obligation to ratify the Convention into its own law. These countries are called “Contracting States.” This means that each country that agreed to abide by the Convention must create its own ‘local’ laws to give effect to the Convention, so that their o...
Read more

How Does She Do It?

Many people ask me how I handle family cases on a daily basis and am still sane enough to label it as one of my specialisations. Here is the secret to my sanity. Naturally, what I do is fraught with emotions, from start to finish. There is not a single case that I have dealt with that does not have an element of emotions involved. Learning how to deal with these " third-party emotions " is part of the tricks of our trade. Some attorneys do it well, others do not. Even Judges have been known to "descend into the arena" from time to time! It is not only third-party emotions that we need to manage; we also have emotional triggers within ourselves that find themselves erupting at inopportune or unnecessary times. But is it not true that every occupation has a certain element of emotion? How people react to stress, for example, exhibits emotions that other people are often tasked with managing. So how do they do it? I believe that the key to handling emot...
Read more