What is the relationship between democracy and human rights?
What is Democracy?
Democracy is defined based on the assumptions of a pluralistic form of government. In pluralism nation states use multiple bodies working cohesively to produce policy rather than one solitary entity. No one body actually rules yet they rule by consensus of the cooperative bodies.. In this form of government power is shared and decisions are processed through a series of bodies lending itself to democratic measures e.g.; votes, vetoes etc. The best example of democracy surprisingly is not the United States or any singular state. Rather the best example of true democracy is the United Nations. The United Nations governs member states from a globalist format. Globalism is what Robert Dahl calls maxim democracy. Each member states have equal voting power and equal sovereignty in the UN General Assembly.
What are the constitutive parts of democracy?
. The constitutive parts of the US democracy are as follows. The 1st Amendment ensures the democratic free petitions and assembly, which ensures the right of each citizen the right to petition, is governing bodies and elected officials and assemble with the permission of the government(Mount, S. (2010). The 14th Amendment focuses on Civil rights No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws (Mount, S. (2010).
What is not democratic?
The authoritarian and communist form of governing is non democratic. The states are the primary actors or the most significant actors. Non democratic states place great emphasis the fact the importance of the state is primary not that of the citizen
Expert's tend oversimplfy the definition
Joshua Cohen states that the fundamental idea of democratic, political legitimacy is that the authorization to exercise state power must arise from the collective decisions of the equal members of a society who are governed by that power." Collective decisions can be either aggregative (based on counting preferences) or deliberative. (Cohen 1998, 185-6).Each individual must agree to the collective choice and this can only be done through a vote and each citizen must participate.
Human Rights Defined.
The values universal values of freedom, and the inalienable value and respect for human rights and the principle of holding regular and legitimate elections by universal suffrage are essential elements to the foundation of a democratic state. In return, democracy provides the universal environment for the protection and effective realization of human rights. These values are embodied in the Universal Declaration of Human Rights and further reinforced in the International Covenant on Civil and Political Rights which legislate a number of political rights and civil liberties underpinning meaningful democracies.
Democracy and Human Rights are Symbiotic
Research on human rights consistently points to the importance of democracy in reducing the severity and incidence of personal integrity abuses. The prescriptive utility of the democracy finding is often limited by the fact that democracy is a composite variable made up of a number of conceptually distinct properties that must be present before a polity can be declared fully democratic or a mature democracy. Davis Held has said more about human rights than perhaps any other cosmopolitan theorist, emphasizing what he calls ‘‘empowerment rights’’ as ‘‘intrinsic to the democratic process.’’ Establishing democratic processes regionally and globally thus entails reestablishing these rights. Held’s preference for ‘‘empowerment’’ rights turns on his reluctance to assert their universality. Nonetheless, Held argues, they are rights any democrat must accept.
Human Rights Legislation.
The bond between democracy and human rights is set to precedent in article 21(3) of the Universal Declaration of Human Rights, which states: “The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”
Should democracy be considered a human right?
Many legal experts make the argument of should democracy be considered a human right? Arguments that support the classification of human rights are based on the idea that they are necessary for achieving democracy in such a context for four reasons.First, they attach to persons rather than to particular jurisdictions; that is, they apply regardless of who violates them or where the violations occur. In the Universal Declaration of Human Rights Article (2) states that everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it is independent, trust, non-self-governing or under any other limitation of sovereignty.
Second, they are globally recognized as standards of legitimacy binding not only on states but also on IGOs, TNCs, and the like. This reason is supported in the Universal Declaration of Human Rights Article (30) Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
Third, and related, human rights do not require a comprehensive political framework for their implementation; their protection is compatible with the multiplicity of governance—including democratic state government characteristic of global politics. This reason is supported in the Universal Declaration of Human Rights Article (29) (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
Finally, human rights articulate aims rather than mechanisms. They describe what should be achieved, not how it should be achieved. This makes them flexibility and adaption to diversity of existing and emerging forms of governance. This reason is supported in the Universal Declaration of Human Rights Preamble as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
This is reinforced with Dahl’s list the political institutions that are necessary to pursue these goals are elected officials, free, fair and frequent elections, freedom of expression, alternative sources of information, associational autonomy, and inclusive.