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Course; SSP306 - Law for Social Work Practice

 

Relationship of Human Rights and Law 



As we all knew that human rights is a basic rights and freedoms that belong to every one of us in this world from the birth until we die. No matter where we are from regardless of nationality, sex, ethnic, color, religion, language and many things because we exist as human beings in this world and those universal rights are inherent to all of us.

                                    

   While rule is made by a government that look after how people should and should not behave in society and if we happen to go against it then society orders particular punishments for not obeying.

So there won't be a laws within societies if human rights are not protected well. Human rights cannot be protected ini8 societies without a strong laws. Laws are as important as Human rights.


Social work course it self is a profession with purpose to bring social changes in rural as well as urban communities We have to empower individuals and groups to promote social justice. In order to do so we have to advocate for the change to ensure that all people living in both rural and urban communities have equal access to the resources and opportunities provided by government and also see whether it meet their basic needs and developed fully or not. So in that way social workers will be able to bring justice to humanity.


To cite an example on 15 Nov 2021 in India, journalists are been accused of publishing false news people attacks on journalists and the spread of misinformation. Journalists face significant obstacles and dangers to their work and lives. Human rights as a whole suffer when truth and access to information are endangered in the state.


courtesy; File image of journalists protesting against the internet shutdown in Kashmir, at the Kashmir Press Club.  



Task 2.

My reflection on covenant article, my perspective in context to Bhutan.

We had knew that our  Bhutan has made progress towards harmonising legal provisions and practice in protecting rights of every citizens and there are several fronts that our country must move swiftly to adhere with international standard too. Protecting human rights is state’s obligation. Ensuring human rights not only enlivens the lives of citizens but also to help strengthen democratic culture and political plurality.

However I could see that there has not been any efforts from either the government or the citizens to monitor human rights situation, many cases of human rights violations go unheard in bhutan. This essentially leads to government’s failure to fully protect the rights of its citizens enshrined by the country’s constitution. Lack of any human rights groups or state means people have no options to seek justice if they feel their rights are being suppressed or denied. This days I could see Social media becoming the ultimate platform for us to spit against the government or the authorities. The problem is large chunk of the population does not have access to those services as half of the population is farmer doesn't even know to read and write in villages. So In that way they accept to live by whatever has happened like they don't know where to inform if the child was raped or raise their voice against the high authories so the farmers do and accept what higher officers told them to do. 

Religious freedom continues to be determined by the government in our country like Christian community is still denied the registration. The building of Church or any semblance of Church is prohibited so the Bhutanese Christians continue to practice their faith in closed door. 


Another thing is woman safety, it has been the in question with reports rampant physical and sexual exploitation. In fact, the rape continues to rise every year in spite of harsher punishment in bhutan.

And also the Bhutanese children continue to face domestic corporal punishment, sexual exploitation and work as baby sisters to your siblings. 

Our country had seen increased trafficking of drugs and tobacco products. Tobacco is banned products in Bhutan, but its black market has not perished. 

Labourers have not fully enjoyed their rights in Bhutan. Labour laws and regulations are not enforced and monitored well. Status of the labourers did not improve compared to the preceding year. Since the new government promised  to increase daily minimum wage from Nu 125 to Nu 450 which was part of its election pledges. However, it was never applied.  

The country continues to by plagued by unemployment especially among the younger population that might be reason why our bhutanese friends are leaving Bhutan and moving abroad for better job. 


Task 3



My views on any article under ICESCR

International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by United Nations General Assembly on 16 December 1966 through GA and came in force from 3 January 1976. Consist of preamble and 31 article.

Out of which I found article 3 seems interesting to share and relatable in out country. Article three says that the state shall undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant. 

Country in which both men and women as equal members have the opportunity to participate in all kinds of social activities at will equally enjoy political economical and cultural benefits, and share responsibilities. In such a country, the human rights of men and women are equally respected. In our country too if we women desire an active role in society we may participate in activities of our own choosing, while men could enjoy it too. We consider that it is a society built by men and women as equal partners.

But during past decade of years in Bhutan women are not allow to study and get job assuming thats the part of man's job. Women have to get marry and raise child while man earns for living and also can participate in politics. Since bhutan's successful transition to a Democratic Constitutional Monarchy our country had adopted multiple legal and policy frameworks to provide women and men with the right to full and equal participation in political, civil, economic, social and cultural life at all levels. Women starts to play any kind of game to their interest like archery and khuru. Women started to participate in political party although there seems less number of supporters. Somehow some women are still not able to come out because of socal stigma opposed by society if they happen to fail the job. Some still stay in house raise kids and cook. 

Our Bhutanese government allows us to choose various lifestyles regardless of our gender, and without being bound by such rigid, stereotyped gender roles that assume that child rearing and nursing are exclusively women's duties, while men are the workers, tax payers and pension renderers who support the nation. In reality, however, although gender equality has more or less been achieved in Bhutan as far as laws and legislations are concerned, women's participation in the policy and decision making processes remains insufficient, and women still have few opportunities to realize their full potential. The traditional tendency to view men's participation in housework and child rearing as unmanly and the heavy burden of housework, child care and nursing that is still placed on women.

So, we need each and every one of us there is need to rethink our prejudiced notions of gender based roles, so that we may realize a society where men and women can participate together in politics, at the workplace and at home, and lead exciting and fulfilling lives.


Task 4



My Reflection on ICCPR

Reflection on the articles of the International Covenant on Civil and Political Rights (ICCPR). To recognizes the inherent dignity of each individual and undertakes to promote conditions within states to allow the enjoyment of civil and political rights.

After reading those 53 Articles I came to find out that the values of the ICCPR are found in Articles 2 and 3 and are based on the notion of non discrimination. Article 2 ensures that rights recognized in the ICCPR will be respected and be available to everyone within the territory of those states who have ratified the Covenant and Article 3 ensures the equal right of both men and women to the enjoyment of all civil and political rights set out in the ICCPR.

And also found some limitations like Article 4 of ICCPR allows for certain circumstances for States Parties to derogate from their responsibilities under the Covenant, such as during times of public emergencies. However, State Parties may not derogate from Articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18.

Under this covenant There are two optional protocols to the ICCPR which gives additional human rights protections. First optional protocol allows victims claiming to be victims of human rights violations to be heard. While second optional protocol aims to abolish the death penalty. It was entered into force on July 11, 1991.

Our country Bhutan women are underrepresented in public office, but the proportion of women in the National Assembly increased from 8 percent to 15 percent following the 2018 election. Although no women were elected to the National Council in 2013, two women won seats in 2018; men won eighteen. The government has supported several programs to empower women and increase their engagement in politics.

An increase in the number of elected women representatives, even if it is just by one or two, is a big achievement for a country like Bhutan that suffers from poor women representation in the decision making spheres.

I think the lack of trust in women leadership would be one of the reasons why only few women make it to the positions of importance. Stereotypes around gender roles shape peoples’ perception about women’s ability to take on positions that deviate from their conventional role of a home maker. While it might take some time for Bhutan, or perhaps another era, to see a more gender representative parliament, every single win is a step closer to achieving this goal.

However women’s participation in our country had increased compared with to the past two LG elections in terms of contesting as well as being elected. In the first LG elections in 2011, 165 women contested for various posts. In the second LG elections, more than 200 contested. Laat year’s election saw about 491women contest for various LG posts. Which seems positive and also came to realize the importance of women in LG that they can equally perform like a man in terms of decision-making. 





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