Protection of Human Rights through Judicial Activisim

Abstract

newlineThe world conference on Human Rights in 1993 noted in the Vienna Declaration and protection and Programme of Action, the responsibilities of all States, in conformity with the charter of the UN, to develop and encourage respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion. The programme of Action stresses the primary responsibility for human rights by stating that their protection and promotion is the first responsibility of government.1Although this statement seems self-evident, it was no doubt considered useful to recall states obligations as the protagonists in guaranteeing respect for human rights and as being accountable in the event of their violation. In addition to being based on the Political of governments, the protection of human rights within each state depends in the first instance on the normal and rules underlying and governing life in society. The quote the Universal Declaration of Human Rights; Every one is entitled to a social and international order in which the rights and freedoms set forth in this declaration can be fully realized .2 This implies the existence of the rule of law and the establishment of the democratic society referred to by the main international human rights instrument.3 1 Second is the responsibility of the institutions set up by the state to guarantee respect for human rights. These are the traditional institutions coming under the legislature, judiciary and executive, and also specific institutions for the promotion and protection of human rights which have recently been set up in many countries- for example, ombudsman and National Human Rights Commissions. Any protection system presupposes recognition of human rights in the basic texts, which reflect the constitution of each state. When incorporated in the highest-ranking national legal instruments, human rights and the principles governing them enjoy the greatest authority and security in both their definition and they re guaranteed obse