Lack of Legal Rights Solution

The Universal Declaration of Human Rights is the most important of all human rights instruments. The rule of law and accountability for human rights violations are essential to prevent violations, conflict and violence, build and sustain peace and achieve inclusive development. The costs of anarchy are evident around the world: in the failure of justice and impunity for crimes, in conflicts over unresolved grievances, and in oppressive and irresponsible leaders. We need governance systems in which all duty-bearers, institutions and bodies, whether public or private, are accountable for laws that are publicly promulgated, equally enforced, independently decided and consistent with international human rights standards. The Convention on Enforced Disappearances tackles a phenomenon that is a global problem. The Treaty prohibits „arrest, detention, abduction or any other form of deprivation of liberty“ (Article 2), whether by State agents or other persons acting with the consent of States, and does not accept any exceptional circumstances for this refusal to recognize the deprivation of liberty and concealment of the fate and whereabouts of victims. Their aim is to put an end to this cynical ploy and try to commit serious human rights violations and get away with it. Regional human rights standards often go beyond and reinforce United Nations standards. The Declaration also contains a strong reference to the duties of community and citizenship, which are essential for free and full development and respect for the rights and freedoms of others. Similarly, the rights set forth in the Declaration may not invoke individuals or States that violate human rights.

The 19th Amendment itself illustrates the problem. Despite the clear wording that the right to vote should not be denied „because of sex,“ Black, Asian, and Native American women would not have the same right to vote as white women for half a century. And the right to vote clearly did not lead to political power – today, women make up only a quarter of the national legislature, but more than 50% of the population. Black women make up less than 5% of Congress but 7.6% of the population. The 2020 presidential race was filled with the promise of six female candidates, but that number slowly shrank to zero. One hundred years after the change, we still did not have a woman in the highest office in the land, and a woman has only been appointed vice president three times by one of the major parties. Violence, discrimination, harassment and other gross human rights violations against lesbian, gay, bisexual and transgender (LGBT) communities and individuals are prevalent around the world. Some of these violations are enshrined in highly punitive and restrictive laws that undermine the rule of law, impede access to health care and other essential services and, in their extreme forms, lead to inhuman or degrading treatment and punishment by law enforcement officials, judicial actors and government officials. Respect for civil, political, economic, social and cultural rights is a pillar of a strong rule of law culture that ensures the security and stability of communities and nations.

Our programmes promote a greater appreciation and application of regional and international human rights principles in national legal systems. Through tailor-made training and capacity building for lawyers, judges, civil servants, law professors, law students, civil society organizations and the public, ABA ROLI contributes to the development of societies capable of defending and enforcing human rights. In addition, we promote and facilitate the documentation and investigation of human rights violations, support strategic litigation and contribute to the protection of human rights in the context of business and development. Barriers in the justice system prevent women from advocating for themselves and enforcing the law. The cost of litigation can deter poor women from accessing justice, and unequal treatment in the courts can undermine women`s legal capacity. We will gather evidence and conduct other research, monitoring and reporting activities to support our strategic advocacy for the role of human rights violations in promoting violent extremism and terrorism and the role of human rights protection in prevention. We will strengthen the capacity and commitment of state authorities and other actors to respect international law in their efforts to counter terrorism and prevent violent extremism, and to ensure accountability and respect for victims` rights. Full respect for women`s rights is crucial to building the rule of law, but achieving this goal is a challenge in many countries. We launched our Women`s Rights Programme in 1996 to promote reforms that empower women and improve their legal status.

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