Human rights' NEG Brief

CX

1. Who are Due Human Rights? 2. Are Children Due Human Rights? 3. Does the Supreme Court Follow Due Process? Argue that Due Process violates Human Rights, Through Roe Vs Wade. 4. Is there a Universally held Definition of Human Rights? 5. Who decides what Human Rights are? Argue that there is not a universal definition of Human Rights, and as such cannot be consistently achieved. 6. Are Human Rights Inalienable? Argue with Evidence #10 7. Who gives, or administers Human Rights? 8. Does the United States Follow Due Process? Argue with Evidence #5/6

1 Due process Violates Human Rights Through Roe Vs Wade.

On January 22, 1973 The Supreme Court of the United States, declared that Abortion was Just. This begs the Question how can Due Process protect Human Rights, if it has let approximately 50 Million innocent people be brutally murdered.

Human Rights must be Violated in order to serve Justice.

According to the Stanford Encyclopedia of Philosophy Human Rights are Inalienable, . Human Rights are inalienable REBUTTAL Stanford University Encyclopedia of Philosophy, "Human Rights", February 7, 2003, , February 7, 2003, Stanford University Encyclopedia of Philosophy, "Human Rights", accessed March 21, 2012, http://plato.stanford.edu/entries/rights-human/ To say that a right is inalienable means that its holder cannot lose it temporarily or permanently by bad conduct or by voluntarily giving it up. This means that all of the people in Prison do in fact have Human Rights. To serve Justice we must punish Criminals, In the act of Punishing those criminals, we take their Human Rights away. So In fact Human Rights must be violated in order to serve Justice. Furthermore Due Process Sentences Criminals, and Takes away their Human Rights.

1. Human Rights are inalienable Cornell University, "HUMAN RIGHTS: AN OVERVIEW", unknown, , unknown, Cornell University, Cornell University WEX, "HUMAN RIGHTS: AN OVERVIEW", accessed March 30, 2012, http://www.law.cornell.edu/wex/human_rights Human rights are "inalienable rights of all members of the human family" (Universal Declaration of Human Rights). Thus, human rights are, in principle, applicable to every person, regardless of their nationality. The Universal Declaration gives an example of the substance of human rights agreements (although it is not itself a treaty, many nations have agreed to abide by its principles, and it serves as an inspiration for treaties on human rights). Specifically, the Universal Declaration calls on nations to respect the rights to life, liberty, and security

2. Human Rights is not a High Standard Stanford University Encyclopedia of Philosophy, "Human Rights", February 7, 2003, , February 7, 2003, Stanford University Encyclopedia of Philosophy, "Human Rights", accessed March 21, 2012, http://plato.stanford.edu/entries/rights-human/ human rights are minimal-or at least modest-standards. They are much more concerned with avoiding the terrible than with achieving the best. Their dominant focus is protecting minimally good lives for all people (Nickel 2006). Henry Shue suggests that human rights concern the "lower limits on tolerable human conduct" rather than "great aspirations and exalted ideals"

3. Human Rights are Numerous Stanford University Encyclopedia of Philosophy, "Human Rights", February 7, 2003, , February 7, 2003, Stanford University Encyclopedia of Philosophy, "Human Rights", accessed March 21, 2012, http://plato.stanford.edu/entries/rights-human/ human rights are numerous (several dozen) rather than few. John Locke's rights to life, liberty, and property were few and abstract (Locke 1689),

4. Human Rights are not Absolute Stanford University Encyclopedia of Philosophy, "Human Rights", February 7, 2003, , February 7, 2003, Stanford University Encyclopedia of Philosophy, "Human Rights", accessed March 21, 2012, http://plato.stanford.edu/entries/rights-human/ human rights are high-priority norms. Maurice Cranston held that human rights are matters of "paramount importance" and their violation "a grave affront to justice" (Cranston 1967). This does not mean, however, that we should take human rights to be absolute.

5. United States Violated Human Rights Peaces of the World, "Guantanamo Bay: An Abuse of Power and a Violation of Human Rights", 2009, , 2009, Peaces of the World, Peaces of the World, "Guantanamo Bay: An Abuse of Power and a Violation of Human Rights", accessed March 21, 2012, http://peacesoftheworld.org/north-america/guantanamo-bay-an-abuse-ofpower-and-a-violation-of-human-rights/ according to the Universal Declaration of Human Rights, Articles 6 and 10, which respectively state that "Everyone has the right to recognition everywhere as a person before the law" and that "Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him". Thus, the American government is violating two of the most fundamental human rights. ("Universal Declaration of Human Rights" ) Unfortunately, these are not the only two rights being violated at Guantanamo. It has become clear in the past few years, that the United States has been using 'interrogation techniques' on the prisoners that resemble torture. In fact, a United Nations report recently stated that the prisoners were forced to endure cruel and degrading treatment, even to the point of death.

6. U.S Unjustly held Children at G-Bay Peaces of the World, "Guantanamo Bay: An Abuse of Power and a Violation of Human Rights", 2009, , 2009, Peaces of the World, Peaces of the World, "Guantanamo Bay: An Abuse of Power and a Violation of Human Rights", accessed March 21, 2012, http://peacesoftheworld.org/north-america/guantanamo-bay-an-abuse-ofpower-and-a-violation-of-human-rights/ All of the torture, both mental and physical, that occur at Guantanamo bay are a terrible experience for any adult. However, for children, this torture is magnified. Three children, aged between 13 and 15, have been in the past been detained at Guantanamo Bay for alleged involvement in terrorist activities. Although these children were kept in different conditions than the rest of the prisoners at the camp, they were still held in detention with no proper trial or access to a lawyer and with no complete understanding of their situation.

7. U.S Did not Allow Due process to be followed Peaces of the World, "Guantanamo Bay: An Abuse of Power and a Violation of Human Rights", 2009, , 2009, Peaces of the World, Peaces of the World, "Guantanamo Bay: An Abuse of Power and a Violation of Human Rights", accessed March 21, 2012, http://peacesoftheworld.org/north-america/guantanamo-bay-an-abuse-ofpower-and-a-violation-of-human-rights/ Omar Khadr who was incarcerated in the prison at age 15 for supposedly killing an American soldier in Iraq, however charges were never pressed and he has not yet appeared before a Judge, he also claims to have been tortured during his stay. The Canadian government has made several unsuccessful efforts to repatriate him but now at age 21 Khadr remains behind bars

8. Roe Vs Wade Harms Human Rights National Federation of Republican Assemblies (NFRA), "A Generation with Roe v Wade", January 24, 2012, , January 24, 2012, National Federation of Republican Assemblies (NFRA), NFRA Blog, "A Generation with Roe v Wade", accessed March 21, 2012, http://www.republicanassemblies.org/a-generation-with-roe-v-wade/ the Supreme Court passed Roe v Wade in 1973. This legalized assault on human rights 9. Corporations can Violate Human Rights Yale, "Corporations and Human Rights: A Theory of Legal Responsibilit", 2001, , 2001, Yale, Yale-Law-Journal, "Corporations and Human Rights: A Theory of Legal Responsibilit", accessed March 21, 2012, http://yalelawjournal.org/the-yale-law-journal/article/corporations-and-human-rights:-a-theory-of-legalresponsibility/ time, decision makers are likely to find a set of duties on corporations larger than those on individuals under international criminal law but noticeably smaller than those on states under existing human rights law. A second, related, criticism is that this enterprise cannot be logically separated from an attempt to address duties by all other nonstate actors. In other words, if corporations can violate human rights, then why not sports clubs, unions, NGOs, universities, churches, and, ultimately, individuals

10. Human Rights are inalienable REBUTTAL Stanford University Encuclopedia of Philosophy, "Human Rights", February 7, 2003, , February 7, 2003, Stanford University Encuclopedia of Philosophy, "Human Rights", accessed March 21, 2012, http://plato.stanford.edu/entries/rights-human/ To say that a right is inalienable means that its holder cannot lose it temporarily or permanently by bad conduct or by voluntarily giving it up. Inalienability does not mean that rights are absolute or can never be overridden by other considerations.