Human rights under the protection of the UK public services
3: citizenship and diversity in the public services
In this assignment I will be going over all the human rights currently in the world and how they differ in different places and how that if certain places do not follow human rights how it will affect the people in the area and other areas. In the world there are different views on the human rights and the main one being the universal declaration of human rights.
Universal declaration of human rights
The universal declaration of human rights was a huge turning point in the history of human rights. The universal declaration of human rights (UDHR) was thought together by people from all over the world all from different backgrounds all having different views except one what was the fact that there should be set of rights that every single person in the world should have no matter their circumstances. The declaration was finalised in France on the 10th of December 1948. This was key especially it being after world war 2. The declaration was translated into 500 different languages. This was also the very first time that a set of rights was protected. (United Nation , 2018) The declaration was promulgated by the united nation which at the time had 58 members which included Argentina, , Mexico, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Philippine Republic , Poland, Union of Soviet Socialist Republics, United Kingdom, United States, Uruguay, Venezuela, Afghanistan, Iceland, Siam, Sweden, Pakistan and Yemen.” (United Nation , 2018)
In total they came up with 30 human rights also known as articles these 30 are;
i. We are all equal and free.
ii. It is against human rights to discriminate against a person.
iii. The right to life.
iv. No more slavery in the world.
v. You are not allowed to perform torture to another person.
vi. You will always have rights. It does not matter where you are from.
vii. Every single person is equal before the law despite what they have done.
viii. Every single person human right is protected by the law.
ix. You are not allowed to detain a person without.
x. Everyone has the right to trial.
xi. Every single person is innocent until proven guilty.
xii. Everyone has the right to privacy.
xiii. Everyone has the right to live anywhere in their country and also have the right to leave the country and return.
xiv. Everyone has the right to seek a safe place to live.
xv. Everyone has the right to a nationality.
xvi. The right to marriage and to start a family.
xvii. The right to own your own property and your own things.
xviii. The freedom of thought.
xix. The freedom of expression.
xx. The right to have a peaceful public assembly.
xxi. The right to have a democracy.
xxii. The right to social security.
xxiii. Everyone must have Workers right.
xxiv. The right to have a rest and play outside of work.
xxv. Food and shelter must be provided to all by the local government if a person cannot afford to get food and shelter.
xxvi. The right to an education.
xxvii. The right to participate in the culture of the community.
xxviii. A free and fair world.
xxix. Everyone has duties to their community.
xxx. No one can ever take away your human rights.
The Geneva convention on human rights
In 1864, multiple countries from Europe and American states attended and conference in Geneva. In total their where 23 countries who attended the conference. The main purpose of the meeting in Sweden was to focus on adopting a convention for the wounded soldiers in combat. This could have been seen as the first attempt of countries attempting to establish human rights and over the next couple of decades there was small amount of progress. But this could not be seen as the start due to in 539bc the Cyrus cylinder was created. Then in 1215 the magna carta was created this was seen as one of the most significant early influences on human rights. The main idea of the Geneva convention was to focus on rules for when countries are fighting for example when countries are collecting the wound and deceased, they will be wearing a red cross which must be respected by both sides. (united for human rights , 2018)
Convention of human rights in Europe
Compared to the united nation the European convention came up with a total of 59 articles for the countries in Europe to follow. Some of these articles that are different to the united Nation for example final judgement this means that once a judgement of the grand council is made it is final and cannot be challenged. All the counties in the European union must follow these 59 articles for them to be in the European union but due to this some countries want to leave for example the United Kingdom who disagree with one of the articles about torture. The UK believe that they should be able to perform torture on terrorist to get out information to save other lives. For example, they believe that the London terrorist attack could have been stopped if they were able to perform torture on known terrorist. (council of Europe, 2018)
Human rights act 1998
Due to the universal declaration of human rights being not enforced by law most countries had to make their own set of laws so that the Human rights act applied in their country. In the United Kingdom’s case this was the Human right act of 1998. In total there are 16 articles which every single person in the UK must follow by law. Although the UK has to follow Europe, they still made their own in the 1998 due to the UK not believing in all of the Human rights given out by Europe. But the human rights act does not apply to all of the countries within the United Kingdom. Scotland and Northern Ireland do not follow the Human act right leaving only England and Wales being the only one that follow it. The human rights act will be important after the United Kingdom leave the European union as the act will be the one of the only laws that protect the people of the United Kingdom human rights. (department of constitutional affairs , 2018)
Sex discrimination act 1975
Sex discrimination act 1975 was an act by the parliament of the United Kingdom. This act protects men and women from discrimination by other people because of their marriage or sex. This protected people in workplaces and in public but this did not always happen for example only until recently women in the British army where not allowed to serve in the infantry due to the British army believing that they are un capable in the infantry compared to the men in the army. High ranking officers believed that women being in the close combat roles. One ex-army chief said that putting women in close combat roles would be a “foolish move “and “paid for in blood ” (Kemp, 2016). One colonel said that he believed that soldiers would quit if women were allowed to go into close combat roles. This was a big shock to most people and high up people in politics replied with comments such as “should be determined by ability not gender” (Fallon, 2016) response to this colonel Kemp said that the idea was a “foolish move and will reduce the capability of the infantry, undermine our national defence and put lives in danger” (Kemp, 2016). The colonel made multiple points on why women should not be able to join combat roles and one of them being the fact that he believed that their fitness would not match those of their male counterparts. And that the British army should not have to change the fitness standards for women to join. But due to this question such as “if women can pass the fitness test will they be able to enter the combat roles?”. Due to this people started to refer to the sec discrimination act of 1975 saying that it was illegal to discriminate people due to their sex and now two years late women are now allowed to serve in all roles in the British army including combat roles and also special forces. (BBC, 2016)
Equal pay act 1970
The equal pay act of 1970 stated that women and men must be payed the same if they are working the same role, but this did not happen in all cases. It also stated that it doesn’t matter where you are from but if you are working the same roles as another person you should be payed the same. One case in which this does not happen is in the British Army with the brigade of Gurkhas. For this case I’m going to focus on the Royal Gurkhas rifles and the rifles regiment. The rifles are an infantry regiment in the British Army which started on the 1st February 2007. The rifles consist of 9 battalions. mixed in with the 9 battalions there are Gurkhas fighting alongside with the rest of their battalion and doing the same roles as the rest of the soldiers but despite this they are not payed the same. One reason for the pay difference would be that if the British army would pay the Gurkhas the same as regular soldiers it would mess up the Nepal economy. The average wage of a person in Nepal is 390,024 Nepalese rupee which would convert to £2,593 which is a massive difference to the UK average wage of £19,000 to £22,000. Due to this the Gurkhas are payed less due to the fact that it would mess up the Nepalese economy. There is no official document on how much the royal Gurkhas are payed which does raise some question especially back in 2003 the BBC reported on an incident where British Gurkhas took the British army to court attempting to achieve equal pay. But they lost the appeal to receive the same pension as other soldiers. But in 2007 the Royal Gurkhas received the news they were hoping for and it was announced that they will now receive the same pension as the rest of the British Army soldiers. The pension has risen by over £ 5000 so instead of them receiving £ 1200 and year it would now be around £ 6 600 or even more for senior ranks. This was good news and people from all over the UK had different things to say such has ” They fight and die for Britain and fully deserve to be treated the same as everyone else in the Army ” (Harding, 2007) it was also reported that ex Gurkhas were living of around £20 a month which is just shocking and not enough to live of especially if you gave your life to fight for a country that was not even yours.
How do the human rights protect and effect the people in the UK?
Innocent until proven guilty
The 6th human right states that “everyone is innocent until proven guilty” this protects everyone going through our court system. It is vital due to the fact that no one is treated differently and if the court system finds out that a person has been treated poorly due to the charge they could be fined. “innocent until proven guilty” also protects the people who have actually not committed a crime and are imprisoned wrongly. This is done due to the fact that if someone is imprisoned for a crime that they did not commit and was treated for the crime that they were charged for it, it would be unfair fair for the innocent to be treated in a way for no reason even if the government believe that they are guilty. Because of this they introduced the “innocent until proven guilty” Other reasons that it is important is due to the fact that so many people have been treated in a certain way before there trial due the charge that has been given out to them. In some cases, this has messed with people emotional and mental state even though they knew that they were innocent. Due to this fact they had to introduce the “innocent until proven guilty” human right.
Everyone has the right to an education
This human right is very important to the UK government and they make sure that it is followed. In the United Kingdom they offer free education to everyone under the age of 18 and everyone under the age of 18 must attend school. This is very important to the Government as it means that everyone has the same opportunity to an education. So, what happens if they do not attend school. Due to it being against the law the parents may be fined by the local government and if this happens on more then one occasion child services may show up to the child’s house to investigate what is happening. Due to this fear most, parents make sure that their child attends school. In the UK it is reported that there is an estimate around 16 million people under the age of 18 attend state funded school. (UK government, 2018).
Universal declaration of human rights
The universal declaration of human rights effects every single person in the UK and also protects everyone. From Human rights such as “freedom of thought” to “freedom of speech” all of the human rights are protected by law in the UK. Without these human rights we would be living in such a different world. No one would be free to do anything. Because in my eyes the human rights let people be free and human and with out these rights, we would not be humans more of robots controlled by the leaders of the world and if we where in that world and we disagree with something then we would not be able to do anything. Due to this the universal declaration of human rights is so important to everyone and is protected by law under the Human right act of 1998.
Geneva convention on human rights
This effects the military the most. The Geneva convention was set up to set up war laws that must be followed all over the world some of these rules would include not being able to degrade humans if taken hostage also you are not allowed to attack people not involved in the war. So how does this effect the everyday person. We are also protected under the Geneva convention which is very important for our own safety. Also, countries that break the war laws will be punished by other countries an example of when this happened was in both world wars where Germany broke many war laws resulting in other countries declaring war on the country.
Convention of human rights in Europe
These set of human rights are set out for all countries involved within the European union. In total there are 51 articles that all countries must follow to be part of the European union. The 5 1 articles go into more in depth then the universal declaration of human rights. These 51 human rights are designed to protect every single person within Europe, but it also protects businesses which is also very important. For example, the fishing waters and which country own which part. This is very important to the people of Britain as it effects the country’s economy and jobs. The fishing industry gives out 28 691 jobs all across the UK and brings in £672.7 million per year which is very important. Due to this there has been some concern over the effect of Brexit on the UK fishing industry.
Human rights act 1998
This is the most important one due to the fact that it makes all of the human rights be protected by law. Due to the universal declaration of human rights and European rights not being protected by law. Yes, to be part of the European union they must make their 51 articles be protected by law but due to the United Kingdom leaving the European Union the Human right act will be the most important and will be the only human rights being protected by the law. Certain human rights that are protected right now will not be protected once we leave. For example, the use of torture. The UK believe that they should be able to perform torture on known terrorist to extract vital information that will save multiple lives in the future. Due to this it would be considered very important that we have the Human rights act of 1998.