By Blanka Pillár
Collage by Marta Castro on Behance
Forced labor and human trafficking (Yun, 2004); violent attacks on journalists (Amnesty
International, 2023); and the use of unlawful lethal force on minorities (Amnesty
International, 2021). What do these alarming occurrences around the world have in common?
They are all human rights violations. Human rights and their violations in various forms are
ubiquitous and multifaceted problems for humanity and the world today, raising questions
such as ‘Are human rights violations necessary to treat issues around the world?’;
‘Is it acceptable to take any action that violates the fundamental rights of another person or
group of people? ’ or ‘What if these violent solutions have some benefits that more
diplomatic solutions lack?’ In order to gain an in-depth understanding of human rights as a
whole, it is necessary to define some key concepts, such as human rights and the obligations
connected to them.
Human rights are ‘the basic rights and freedoms that belong to every person in the world,
from birth until death’ (Equality and Human Rights Commission, [EHRC] n.d.). According to
the Universal Declaration of Human Rights - the milestone declaration summarising these
named rights - all human beings are born free and equal in dignity and rights, without
distinction of race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth, or other status. The UDHR also states that these universal rights
cannot be arbitrarily taken away; however, they can be restricted if someone breaks the law,
even by violating the terms of any of the treaties (Office of the High Commissioner for
Human Rights [OHCHR], n.d.). From then on, the violation of the human rights of an
aggressor is not a human rights violation but a legally binding restriction (for instance, if an
international organization imprisons a dictator or a terrorist group).
The UDHR also states that human rights are indivisible and interdependent, referring to the
fact that the rights enshrined in the two prominent human rights treaties, the International
Covenant on Civil and Political Rights (ICCPR) and the International Covenant on
Economic, Social and Cultural Rights (ICESCR), cannot be separated from each other.
ICCPR primarily protects individuals from state power (this treaty includes rights like
freedom from slavery, torture, other cruel, inhuman, or degrading treatment or punishment,
fair trial rights, and freedom of thought, religion, and expression). Besides this, the ICESCR
devotes its parties to working toward the provision of economic, social, and cultural rights
(such as the right to adequate housing, health, work, and freedom from hunger). In addition to
these pacts, other treaties aim to end specific abuses and safeguard the rights of marginalized
groups, for example, The Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) and the United Nations Convention on the Rights of the Child
(UNCRC). Consequently, a human rights violation is ‘any action or inaction which deprives a
Participant of any of his or her legal rights, as articulated in law’ (Law Insider, n.d.).
All these details are intended to illustrate how crucial and multifaceted intertwined human
rights are. After understanding the importance and interconnectedness of the subject, it ought
to be said that human rights violations are not acceptable, even if they end widespread
violence. This thesis is based on historical examples, current and past social and political
trends, as well as legal definitions.
The first aspect to consider is necessity. Human rights violations are, by all means, the most
drastic ways of dealing with the violence that may occur, but they are not automatically the
most effective.
Under the principle of subsidiarity (EUR-Lex, n.d.), all and any kind of problems should be
tackled at the lowest possible level where they occur; therefore, they should be settled at local
and regional levels first before being taken to the national level. In addition, prevention
(monitoring, reporting, the inclusion of non-governmental organizations) and education can
provide a much longer lasting and more profound solution than violent interventions since
the latter can change the mindset of entire generations, potentially reducing prejudice and the
resulting hate crimes. According to the Human Rights Council panel discussion on the role of
prevention in the promotion and protection of human rights:
"Several delegations emphasized that the adoption of preventive measures was an absolute and
urgent necessity, and that there was a vital need to strengthen preventive approaches to human
rights violations. Some pointed out that prevention was one of the most effective ways to
protect human rights and expressed the view that the prevention of violations of international
humanitarian law and international human rights law was not only necessary but achievable"
(OHCHR, 2014).
Monitoring, mediation, early detection, and open communication policies regarding human
rights can bring long-term benefits, leading to a more balanced, peaceful society open to
diplomatic and democratic solutions rather than violent ones if said diplomatic resolutions
become normalized and are considered the default answer to any emerging conflicts.
Secondly, another crucial issue factor is the people directly or indirectly affected by these
violations. When human rights violations (in the name of violence combating) also affect
rights such as access to health care for all or any other social need (such as the right to
security, culture, water, or the above-mentioned rights to adequate housing, and work)
it directly worsens citizens' quality of life. When it comes to countries where a minority
group is denied access to health care - which is an everyday happening, for instance, for
Kurdish women and children in Iran (Human Rights Watch, 2022) - for political reasons
(such as gender, sexual orientation, migration status, religion, or ethnicity), reports show that
these countries have higher mortality and morbidity rates due to non-communicable diseases
(such as cancer, cardiovascular diseases, and chronic respiratory disease). Moreover, if any of
these groups are subjected to further regulations, accessing healthcare prevention,
rehabilitation, and additional care services are legally more difficult, resulting in even
worsened life quality (World Health Organization, 2022).
In other cases, even if human rights violations do not affect social needs, there is still a
correlation between poor quality of life and human rights violations. According to multiple
statistics, the country with the worst rule-of-law score is Yemen - where performing violent
acts on minorities in the name of violence prevention and peace, as well as scapegoating, are
highly prevalent occurrences (United Nations News, 2020) - with a rule-of-law index of 9.9
on a 10-point scale, where zero represents the best conditions and ten the worst. In line with
this fact, life expectancy - an essential indicator of the quality of life - in Yemen is 8,3 points
below the world average for men and 6,8 points for women (Statista, 2023; The Global
Economy.com, 2022).
After analyzing the scale, the other side of the correlation can also be observed; the country
with the highest rule-of-law index, according to a 2022 statistic, is Denmark, with a rule-of-
law index of 0.90 (World Justice Project, 2022), and based on the U.S Department of State’s
Country Report in 2022, ‘There were no reports of significant human rights abuses.’ in said
country (United States Department of State, 2023a). If "quality of life is a sign of rule of law"
(Noor, 2016), it can be argued that having an accountable, properly ruled, democratic
government, where human rights abuses are minimized, including in the fight against
violence, can have a significant positive impact on the quality of life of civilians.
Furthermore, if we look at the country with the lowest Human Development Index (HDI),
which according to Human Development Reports, is Niger, a correlation can be drawn
between the volume of human rights violations and the low quality of life, as Nigerien
citizens are subject to terrorist group showdowns, forced disappearances, inhuman treatments
and punishments, armed bandit groups, smugglers, drug and human traffickers. In addition,
according to the 2022 Country Reports on Human Rights Practices by the U.S. Department
of State, ‘There were numerous reports of arbitrary or unlawful executions by authorities or
their agents. For example, the armed forces were accused of summarily executing persons
suspected of fighting with terrorist groups in the Diffa and Tillaberi Regions’(United States
Department of State, 2023b). Even if any of these named actions in any country stop or end
any violence, they also enormously degrade the daily quality of life of the countries’ citizens
by progressively eroding their political, social, and economic rights, as well as provoke more
violence and potentially begin a worsening cycle of further brutality and human rights
violations.
A reasonable counterargument is that ending violence by violating human rights is much
quicker than waiting for diplomatic agreements to be adopted. But is it worth sacrificing
significant numbers of human lives, degrading the quality of life of civilians, on the altar of
speed, rather than pursuing more peaceful, longer lasting, and more positive long-term
solutions that will stop violence as much or more? Besides this unambiguous comparison, a
crackdown’s turnaround time may indeed be faster; however, if it is acknowledged that the
government alone should not be entrusted with a task of such magnitude and methodology in
the name of democracy due to its often biased tendencies (see current and past historical
examples above, and not forgetting the fact that one of the most fundamental human rights
treaties, the ICCPR particularly protects individuals from state power for a well-grounded
reason), engaging a larger group (for example, the people of a country in a referendum or
other expression of opinion) would also take considerable time. In the case when these
violations are not carried out by a centralized force such as the government but by an
individual or a group, the borderline between legitimate violations against actual violence and
between terrorism or various hate crimes is extremely relative, thin, easily contested, and
questionable. In addition, if responses involving human rights offenses to different acts of
violence were normalized, it could reduce the need for diplomatic negotiations and
communication between people and various groups, thus increasing microaggressions in
everyday life.
In conclusion, acknowledging that resorting to human rights violations to address widespread
violence is an untenable course of action is imperative. Not only are these violations deemed
unnecessary, but their lingering consequences on people's lives and the authoritarian nature
they entail are highly problematic. Even if human rights violations in response to widespread
violence may prove to be temporary resolutions, nevertheless, they can be considered
perilous band-aid solutions as other methods are proven to be not only more effective and
long-lasting but much safer and beneficial for citizens around the world.
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