Human right and civil liberties Essay
The race relations act 1976 This legislation was passed to strengthen the protection offered to immigration in the sphere of housing; employment of the provision of goods of services of establishes that a person discriminates against another of the grounds of colour, race or nationality he teats that person less favorable than he would treat others. Provisions of earlier legislation (The 1968 Oct.)
Continue, so that the following actions by an employer are unlawful, if they involve discrimination; refusal of work to a qualified person, refusal of the same terms of employment, conditions of work, or opportunities for training and promotion as are made available to other persons employment in the same circumstances; and dismissing someone in circumstance in which other persons employed on the same type of work would not be dismissed.
It is also unlawful o impose any unjustifiable requirement or condition n which, although, applied equally to all people is disproportionately disadvantages to members of a particular racial group (his will not, for example, prevent an employer recruiting the best person for a job but will help to ensure that any requirements or condition imposed are relevant to the work to be done). The act also ensures that a
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Acts of discrimination, which are unlawful when committed y trade unions or employers’ association, includes: refusing admission to membership on the save terms as other applicants A; refusing a members the same benefits as others members; refusing to take the same action on his behalf as on behalf of other members: and expelling him. A powerful new commission for Racial Equality (C. R. E) was established by the 1976 act, replacing the former Race Relations Boards with overall aims of eliminating racial discrimination and promotion racial equality and good race relations.
Its powers of investigation and enforcement are similar to those of the equal opportunities commission, although in the employment field most individual complaints are death with by industrial tribunals. During its first year of operation the C. R. E. published a number of guidance document the proposing that the ethnic origins of workers should be monitored of encouraging positive action programme to overcome the effects of past discrimination of to counteract disadvantages.
This is not to advocate quotas, which clearly would be abuse in certain circumstances rather, records of ethnic origins would enable an employer to check there was fair recruitment of minorities. The C. R. E also commented that an effectively monitored equal opportunity policy enables employers to identify groups who are under-represented in certain jobs or sections and may provides a defense for an employer in the event of a complaints. The I. P. M advocate a similar “affirmative action” policy as long ago as 1970, pointing out mother practical benefits of monitoring.
A record of race can be used to validate personal policies and check the theories of line managers about productivity, tanning time, labor wastage and absenteeism. It can also assist in making policy decisions on such matters as leave for Hindus or Muslim religious festivals. Looking to the future, the commission strategy statement. A programme of action lists sixteen priorities, including the production of a code of practice after consultations with employers of trade unions.
Others includes maximum assistance to individual complainants in taking cases before courts of tribunals, while at the same time helping to building up expertise among local community relations councils, ethnic minority group and other local sources of advice, pressing for the inclusion of equal opportunities clauses in government contract, and an attempt to speed up the adoption by both public and private sector employment of really effective equal opportunity policy which will ensure that no unlawful discrimination occurs in theory organizations.
In all this, there is a special responsibility on top management to ensure that its words and actions are compatible with government policy. Further help of guidance can be expected from the Race Relations Employment Advisory Group made up of representatives from the C. B. I, T. U. C, local authorities, large language training interests, of minority groups directly involved with industry, its remit is to review the ways in which efforts are being developed to permit equal opportunities in, employment.
If firms are going to take on category a recruits, employment procedures need to be improved, especially the preparation of job description and job specifications, in order to be able to rely on overseas labor departments in selection the people to send. Because of the drastic change in environment, immigrant workers need special indication procedure and some extra attention during the early days to ease the transition. Immigrants should be encourage to join trade union; as members, they are better protected by the liberal ideas of most union leadership.
Personal specialists must concern themselves with the social problems of these employees, of direct them to the state n of voluntary agencies which exist in the community to help them. Prejudices is rain pant of course among both management and workers with many stereotypes held concerning all immigrants, about such things as their intelligence, reliability, Laziness , cleanliness and the amount of supervision required. This is particularly unfortunate in the case of young colored workers, many of whom were born, brought up, and educated in Britain.
They thus have the right to expect equality of opportunity and for their skills and abilities to be developed and used to the full. Employers of immigrant labor have had to learn how to cope with racial, national and religions groups. E. g. Cadbury’s found trouble in employing girls from different west Indian Islands in the same work groups and so they are kept separate. Some employers avoid friction by recruiting only one nationality.
Different welfare provisions are also needed, especially for Asian workers, to cater for their particular eating, clothing and toilet habit, which can cause serious suction if not carefully observed. A particular problem which has emerged in recent years is that concerning promotion and the immigrant. The fully integrated labor force is not simply one which appropriate wages, benefits and job security. The overall result can only be one of wasted potential which creates negative attitudes, and which the immigrants themselves see as learning unjust.
They do have special needs and difficulties of it is not enough to give them training in groups dominates by British supervisors operating traditional attitudes and patterns of behavior at work. A willingness to rethink policy along more positive lines is essential in turn; its application must be carefully monitored by senior management. Before 1945 Human rights are those right which the international community recognizes as belonging to all individuals by the very fact of their humanity.
These rights combine with the in traditional legal rights that were hither to considered to be moral or political. Every legal system seeks to protect the essential rights of its subjects. In the municipal system, a legal right stricter sense imposes an obligation to do or abstain from doing something to the possessor of the right; such rights are recognized in torts, crimes, contracts etc. In traditional international land, individuals were objects and a state’s treatment of its citizens was a matter for domestic jurisdiction.
Human rights that were broadly stated in the UN chapter spelt out in the envier sal approved by the General Assembly of the UN without a dissentient vote. The international covenant on civil of political rights and the international covenant or Economic, social of culminate rights were unanimously a adopted in 1966 and came into force in 1976. They further elaborate on human rights in legally binding document. The covenant on civil and political rights protects against cruel, in human and degrading treatment and recognizes the right to life, liberty, security, privacy, fair trial, and equality before the law.
It polities slavery arbitrary arrest, and detention and guarantees freedom of opinion, expression, thought, religion and association it preserves the cultural, religions and linguistics heritage of minorities. It sets up a human rights committee of 18 persons of high morality and competence in the field of human rights. The committee studies report submitted by states and gives its comments to the parties. It transmits its reports and comments to the Economic and Social Council (ECOSOC). Beyond one’s own country, at the international level, should be facilitated and emphasized on its essentials.
There should be a serious and mass publicity and proclamation across the globe by every form of media by an organ or agent of an international organizations, like “Amnesty international” to inform every person as far as it could in every nook and crannies of every nation to curb the negative trend of human rights violation and to stand firmly on the need to regard every human being, respect and preserve the rights and liberties of the people within the confine of international laws on human rights and civil liberties.
I agree with Gil Loescher when he wrote that “ International organizations need to adopt programs and policies to strengthen civil society and citizens of local institution to be able to influence the behavior of their leaders through pressure group activities and other democratic mechanisms” (Gil Loescher, “Refugees: A Global Human rights and security Crisis”). Editors. Tim Danne and Nicholas Wheeler (Cambridge University Press, 1999). Page 253.
When these institutional machineries are put in place, and the value of respect for human rights and civil liberties are globally expressed and exercised then, the global society will be a better place for us all to dwell at all times and in every place. Under article 41, a state that accepted the jurisdiction of the committee may report to it that another state ( that has accepted its jurisdiction) is not fulfilling its obligation under the covenant provided that the individuals sought to be protected have exhausted local remedies and the complain state had earlier tried to resolve the dispute with the other party and failed.
The committees set up a conciliation commission to resolve the dispute and submit annual report to the general assembly through the ECOSOC Under and optional clause attached to the protocol, Individual may address communications t o the committees on breaches of their right by state members after exhausting local remedied. the committees then forward its views to the state members and includes them in its annual report. The committee has received complaint that come mainly from the national of the state accused of human rights breaches.
According to the 6th edition of the oxford advance learner’s dictionary human right is define as the basic right every citizen has to be treated fairly by its government. Liberty on the other hand from the same sources referred to above is the legal freedom and right to do something as you chose without to many restriction from government or authority . therefore civil liberty is the right of people to say what they want and do what they like within the law why having respect and regard for others. Over the years the right of people have been abused and violated by their rulers in most nations.
REFERENCES • The theory and practice of personnel management (4th Edition) by Maurice W cuming. Publisher; Heinemann: London; 1980. • Umozurike, U. O, introduction to international law: Nigeria, spectrum law publishing, 1995. • Sylvester Odion Akhaine. United Nations and Human Rights: the Unfinished business. • C. N Ibenwa: Religion and social change in Nigeria. In Okeke V. I etal (ed): comprehensive textbook in social sciences. Enugu, Joen Assocates, 2003.