Human Rights

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PUNISHMENT AND DIFFERENT FORMS

OF HUMAN RIGHTS VIOLATION

Prepared by; Macapodi, Mohammad Arif


Generaole, Madel
Solaiman, Amanoding
Learning Objectives
At the end of the chapter students will be able to:
 Know and familiarize the definition of punishment ant its
purpose.
 Gain wisdom on the issues of human rights violations.
 Understand and comprehend the principles for the treatment of
prisoners.
Punishment
Is the infliction of some kind of pain or loss upon a person for a misdeed.
Takes forms ranging from capital punishment, flogging, forced labor, and
mutilation of the body to imprisonment and fines. Deferred punishments
consist of penalties that are imposed only if an offense is repeated within a
specified time.

In some premodern societies, punishment was largely vindictive or


retributive, and its prosecution was left to the individuals wronged. In
quantity and quality such punishment bore no special relation to the character
or gravity of the offense.
The purpose of punishment

Punishment has five recognized purpose:


1. Deterrence
2. Incapacitation
3. Rehabilitation
4. Retribution
5. Restitution
Specific and general deterrence
Prevents future crime by frightening the defendant
or the public.

Two types of deterrence:


1. Specific deterrence- Applies to and individual
defendant
2. General deterrence- applies to the public at
large.
Incapacitation
Prevent future crime by removing the
defendant from the society.
Rehabilitation
Prevents future crime by altering a defendants behavior.
Examples:
Education
Vocational programs
Treatment center placement
counseling
Retribution
Prevents future crime by removing the desire for
personal avengement against the defendant.

Restitution
Prevents future crime by punishing the defendant
financially. Restitution is when the court orders the
criminal defendant to pay the victim for any harm and
resembles a civil litigation damages award.
DIFFERENT PUNISHMENT AND THEIR
PURPOSE
ALL
PUNISHMEN
FINES T
DETERRENCE AND
RESTITU- RETRIBUTION
TION

REHABILITATION
INCAPACITATION

MANDATORY
COUNCSLING INCARCERATION,
TREATMENT CENTER
PLACEMENT
DEATH PENALTY,
HOUSE OF ARREST
What are human rights violation ?
The Universal Declaration of Human Rights (UDHR)
was established and response to the atrocities during
WWII, including the Holocaust. Outlines the human rights
that all people are entitled to such as freedom from torture ,
freedom of expression , and the right to seek asylum. When
those rights are in protected or blatantly disregarded, they
are violated.
Definition and Types of Human Rights Violations
A state commits human rights violations either directly or
indirectly.
Violations can either be intentionally performed by the state and
or come as a result of the failing to prevent the violation. When a
state engages in human rights violations, various actors can be
involved such as police, judges, prosecutors, government
officials, and more.

Failure by the state to protect-occurs when there's a conflict


between individuals or groups within a society.
CIVIL AND POLITICAL RIGHTS
Civil and political rights are violated
through genocide, torture, and arbitrary
arrest. These violation often happened
during times of war, and when a human
rights violation intersects with the breaking
of laws about armed conflict, its known as a
war crime.
Economic, Social, and Cultural Rights
As described in the UDHR,economic,social, and
cultural rights include the right to work ,education,
physical and mental health. When a government
ratifies a treaty, they have a three-fold obligation.
They must respect, protect, and fulfill human
rights. When violations occur, it’s the government’s
job to intervene and prosecute those responsible. The
government must hold everyone (and itself)
accountable.
The united nation office of the high commissioner for
human rights gives a handful of examples of how these
rights can be violated:
•Contaminating water
•Evicting people by force from their homes
•Denying services and information about health
•Discriminating at worked based on traits like race, gender and
sexual orientation
•Failing to provide maternity leave
•Not paying of minimum wage
•Segregating students based on disabilities
•Forbiding the use of minority/indigenous languages
Who is the ultimately responsible for ensuring human
rights violation in cultural life?
In human rights treaties, states bear the primary burden
of responsibility for protecting and encouraging human
rights. When a government ratifies a treaty, they have a
three-fold obligation. I must respect, protect, and fulfill
human rights. When violations occur, it's the government
job to intervene and prosecute those responsible. The
government must hold everyone accountable.
Basic principles for the treatment of prisoners
Adapted and proclaim by general assembly resolution 45/111
of 14 December 1990All prisoners shall be treated with the
respect due to the inherent dignity and value as human beings.
1. There shall be no discrimination on the grounds of race,
color, sex, language, religion political or other opinion,
national or social origin, property, birth or other status.
2. It is, however, desirable to respect the religious beliefs and
cultural precepts of the group to which prisoners belong
whenever local conditions so require.
3. It is, however, desirable to respect the religious beliefs and cultural
precepts of the group to which prisoners belong whenever local
conditions so require.
4. The responsibilities of prisons for the custody of prisoners and for the
protection of society against crime shall be discharged in keeping with
States other social objectives and its fundamental responsibilities for
promoting the well-being and development of all members of society.
5. Except for those limitations that are demonstrably necessitated by the
fact of incarceration ,all prisoners shall retain the human rights and
fundamental freedoms set out in the Universal Declaration of Human
Rights, and, where the State concerned is a party, the International
Covenant on Economic, Social and Cultural Rights, and the International
Covenant on Civil and Political Rights and the Optional Protocol there to,
as well as such other rights as are set out in other United Nations
covenants.
6.The prisoners shall have the right to take part in cultural activities and education
aimed at the full development of the human personality.
7. Efforts addressed to the abolition of solitary confinement as a punishment , or
to the restriction of its use , should be undertaken and encouraged.
8. Conditions shall be created enabling prisoners to undertake meaningful
remunerated employment which will facilitate their integration into the country's
labor market and permit them to contribute to their own financial support and to
that of their families.
9. Prisoners shall have access to the health services available in the country
without discrimination on the grounds of their legal situation.
10. With the participation and help of the community and social institutions , and
with due regard to the interest of victims , favorable conditions shall be created for
the integration of the ex-prisoners into society under the best possible conditions.
11. The above principles shall be applied impartially.
THANK YOU!

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