Advocacy Protection of Human Rights

Question: Discuss about the AdvocacyforProtection of Human Rights. Answer: Introduction Over the past years, there has been a great concern by the New Zealand government in the effect of human rights on the policy making procedure. Moreover, the government has entered into extensive international agreements regarding the promotion and protection of human rights. These agreements are engaging New Zealand due to the International law. This comprises both the social, economic, political, cultural and civil rights. In particular the latter has numerous problems for social policy. After many years, there has been a rise in concerns from inside and outside the New Zealand government in the effect of public rights and freedom on the policy implementation procedure. However, there has been a major issue regarding which rights based strategy to social policy is needed in New Zealand. That issue is because of problems that limit any effort to enhance the extent and effects of New Zealands concerns with respects to Economic, Social and Cultural (ESC) rights (Smith Smith, 2016). T his paper is an analysis of the concepts of social justice and human rights in New Zealand. In general, ESC rights have not been subjected to similar extent degree of normal setting that has been required by the international laws of Child protection rights, and particularly the language in which they are set is usually uncertain (Osler, 2015). Moreover, the rules set by the International Covenant on cultural, social and economic rights are placed on relative instead of relative terms (Smith Smith, 2016). It necessitates the state to discover the rights in a progressive manner and to the extent of its available resources. Due to this facts, the exact level to which the states duties regarding the ESC rights is both controversial and contestable. This crisis is due to the lack of an organized tendency of the New Zealand judiciary to clearly elaborate the ESC rights both in the domestic and international scenario (Flood Gross, 2014). During the year 2003, the Human rights commission interviewed the publishers using the New Zealand Centre for human Law, to make a statement p aper on the concerns of applying a rights-based analysis to the making of social policy in New Zealand. This publication is an edited and exaggerated version of the paper. Its motive is to enhance discussions about the concerns for New Zealand social policy decision of developing a rights based strategy (De Souza, 2015). Social policy are the codes and systems by which the government uses to impact the improvement of community, especially in association to education, welfare and health. This description is somehow narrow as compared to the definition used by the ministry of Social Development in the Social improvement strategy (Bertot,2016), in which social policy is explained as the policy that has an effect on the social standards. However, the modification has a big impact for the evaluation that follows and that is required in this setting to try and find the answer to the main question of what, exactly is the definition of social policy. Recently, there has been numerous protests against the social development, social welfare, and social policy in New Zealand. The ministrys mechanism is detailed and finds a broad variety of approaches to wellness, appropriate objectives and desirable social results. Moreover, it incorporates reference to a guideline concerning the distribution of wellness that all persons enjoy some basic limited level of wellness (De Souza, 2015). What is not clear in the ministrys mechanisms is the use of dialect or the aspect of human rights. This is not to suggesting that a human rights aspect is entirely lacking form the New Zealand policy setting. After the development of the New Zealand Bill of Rights Act in 1990, government officers have completely been made to control the effects of human rights obligations for policy development and this exposed in Cabinets decision-making procedures. However, there is still uncertainty in the government regarding what a rights based strategy to social policy can need and how it can be different from a strategy that centralizes on the wellness. Particularly, this uncertainty is a ttached to the principle concerns of ESC, which are not covered by the Bill of Rights Act of 1990 and, for the explanation already given, raise certain problems of presentation (Came McCreanor, 2015). On other hand, a rights based strategy to social policy is one that confirms that guidelines are implemented within the guidelines stipulated by the New Zealands human rights requirements, as stated in international and domestic law (Ife, 2012). It is significant to think about the meaning of human rights and particularly, how to concentrate on requirements, that is invited by the qualities of wellness. There is a big similarity between needs-based and right-based approaches in that both approaches are based on interventions on the needs expressed by poor individuals. However, the language of rights stretches emphasizes on certain parameters of the duties, obligations and interests that are important. For instance, Mary needs food if we consider that in the lack of food, Marys wellness will decrease in an approach that we refer as important. We are evaluating the limitations that Mary will face if denied food. Similarly, an analysis of Marys requirements may as well as underlie the s tatement Mary has a right to food. However, the concept of rights supports the concept of need in a number of aspects. Firstly, the dialect of rights is the dialect of demand of ownership. To suggest that Mary needs food reflects the moral or legal duties of others regarding Marys need. In comparison, the statement Mary has a right to food states that somebody has an obligation to ensure that Marys right is secured (Smith Smith, 2016). Human Rights Mechanism in New Zealand The human rights in New Zealand are secured in many ways within the entire common and statute law. For instance, to use commonplace, the concept of justified murder is one of the procedures in which the nation secures the right to life (Osler, 2015). In general, this guidelines of common or statute law can be modified through the standard procedure of principles enactment followed by parliamentary developments. The human rights mechanisms refers to those particular structures of human rights protection, retrieved from international and domestic law, that cover not only the daily activities of the policy procedure but also ensures that it is substantive and procedural (Ife, 2012). Key Important Structures of Human Rights Protection The guidelines administering Executives decision making procedures under the subtitle Executive Government ensures that Executive papers advocating policy and statutory proposals should incorporate consideration of various domestic rights-related tools that is Bill of Rights Act 1990, the Human Rights Acts 1993, the Privacy Act 1993, and the treaty of Waitangi. In addition, they need approval of New Zealands international requirements. The compulsory international human rights guidelines incorporated into by the new government in New Zealand are majorly located in two categories of international convections that is the United Nations (UN) and the international labour organisation convections (ILO). The mechanism of the UN human rights management is the accumulation of international tools usually known as the international Bill of Rights. This constitutes the Universal Declaration of Human Rights, the international covenant on Civil and Political Rights and two protocols of the ICCPR (Brisman South, 2016). Despite the Universal Declaration, these tools are compulsory treaties that have been cleared by the New Zealand Government. The Universal Declaration was retrieved from the resolutions of the UN General Assembly having no influence of law. On the contrary, its requirements have been so often revoked and used by government and non-governmental organisations that some individuals believe that most of the rights incorporated within it have gained the condition of common law (Zehr, 2015). In addition, the International Bill of Human Rights is complemented by more particular convections that protect the human rights of certain endangered categories or that explore in details the nations guidelines regarding a certain set of human rights. The most common is the Convention associated with the conditions of the refugees (refugee convention), the treaty on the elimination of all kinds of Racism (Race Convection, the treaty against Torture and other cruelty, inhuman or Degrading Treatment of Punishment (Torture Convection), the convection on the removal of all kinds of discrimination against women, and the convecti on on the rights of the child. Primarily, the ILO convections support labour rights. There are 185 such convections, where 50 have been implemented in New Zealand. Substantive Rights The human rights treaty regime is important as it has enhanced freedom and equality from discernment. Equality rights are entirely secured in the entire treaty regime. This convections ensure that rights are protected in the particular treaties without distinction of any form of sex, language, colour, and race (Bertot, 2016). Additionally, the significance of the right to equality is that it extends its rights to persons and groups that are endangered, disadvantaged or marginalized. Secondly, the child protection rights may in any situation affect social policy and particularly on the procedure where social help is implemented and distributed. One set of Child protection rights that has certain impact and significant for the procedure of social policy formulation is rights regarding involvement in the code of public affairs. Rights of involvements are found in several kinds in the international human rights treaties. This includes, the race convection, the womens convection and the c hildrens convection. To evaluate the extent and concerns of the guidelines undertaken by the New Zealand government to compulsory international convections, it is important to analyze the mechanisms themselves to non-commitment bases of interpretation and analysation. This includes; particular statements and other papers created by the UN human rights convection agencies (Bertot, 2016). To summarize, the most important appreciative aspect of the rights-based strategy to social policy involves the understanding of what exactly the New Zealand government has undertaken regarding the protection of human rights. As indicated before, there are several domestic human rights laws that are stipulated in the codes managing Cabinets decision-making procedures: the Bill of Rights Act 1990, the privacy Act 1993 and the Human Rights Act 1993. In relation to this, these statutes have a negative impact on government action and policy making processes. The reason is that during the final exploration, the New Zealand parliament remains with the power to enact where the standard human rights are breached. Moreover, the need to pass legislation in order to limit these securities, in conjunction with the systems for contemplation of human rights and associated problems that have been created in the routine constraints on policy making. The difficulties that occur in governance in an NM P setting act as a further limitation. Furthermore, there is nothing to force the New Zealand government to enhance change to international law, if there is absence of the statutory reference in the international human rights treaty guidelines. However, it is a critical guideline of the international law that the guidelines throughout the treaty bind the participants to the treaty, who are in accordance mandated to revise their common legal guidelines to enhance change to them. References Belgrave. M. (2014). Needs and the state. Evolving social policy in New Zealand history. In B. Dalley M. Tennant (Eds.), Past judgment: Social policy in New Zealand history (pp. 2328). Dunedin, NZ. Otago University Press Bertot, J. C., Jaeger, P. T., Gorham, U., Taylor, N. G. (Eds.). (2016). Perspectives on librariesas institutions of human rights and social justice. Emerald Group Publishing. Brisman, A., South, N. (2016). Environmental crime and social conflict: contemporary and emerging issues. Routledge. Came, H., McCreanor, T. (2015). Pathways to transform institutional (and everyday) racism in New Zealand. De Souza, R. (2015). Navigating the ethics in cultural safety. Cultural Safety in Aotearoa New Zealand, 111. Ife, J. (2012). Human rights and social work: Towards rights-based practice. Cambridge University Press. Smith, R., Smith, R. K. (2016). Textbook on international human rights. Oxford University Press. Osler, A. (2015). Human rights education, postcolonial scholarship, and action for social justice. Theory Research in Social Education, 43(2), 244-274. Zehr, H. (2015). The little book of restorative justice: Revised and updated. Skyhorse Publishing, Inc.