Human Rights Case Study Example | Topics and Well Written Essays - 1500 words

Human Rights - Case Study Example 114) Evaluate this statement using the examples of the law on privacy you have studied in Unit 21. Is the current balance between a right to privacy and a right to freedom of expression appropriate? The subject of human rights has pre-occupied the world for quite a long period now as people seek to pursue their interests with freedom and all inalienable rights guaranteed to them. Human rights are very fundamental in human society and this is evidenced by its adoption in the international law, constitutions of many states, regional institutions law, and policies of private and non-governmental organizations. Most human rights provisions in various legal jurisdictions are informed by the provisions of the Universal Declaration of Human Rights (The Open University, 2012, p. 31). Most of human rights laws in many jurisdictions borrow from the Declaration’s provisions. According to the Open University (2012, p. 15), human rights are based on three main premises. The first premise i s that human rights are universal, which mean that they are held equally by all people regardless of aspects such as geography, gender, and age. The second premise is that human rights are inalienable and therefore cannot be taken away from someone by anybody regardless of the circumstances. The final premise is that human rights are indivisible and therefore cannot be denied simply because they are viewed to be non-essential or less important. Clapham (2007, p. 114) states â€Å"human rights simultaneously claim to protect freedom of expression and the rights to privacy.† Over the years, there has been debate regarding the issues that Clapham raises in this assertion. The debate has been revolving around the question of how and to what extent does human rights protect freedom of expression and the rights to privacy. Also, questions have been raised regarding the nature and limitations of such protection and whether there are circumstances in which this protection can be viol ated. Therefore, this essay will evaluate this statement using several examples of the privacy law. Also, it will discuss the question of whether the current balance between a right to privacy and a right to freedom of expression is appropriate. Before evaluating this statement, it is important to define some of the key terms in the statement: human rights; freedom of expression; and right to privacy. Human rights refer to the fundamental rights that are inalienable to an individual by the virtue of being a human being (The Open University, 2012, p. 10). Human rights can exist as legal rights or natural rights. Freedom of expression is a legal and political right that allows one to communicate his or her ideas and opinions through various channels of communication. It is essential in daily interactions of individuals, as well as in enabling the society to work and to actively participate in decision making (p. 92). The right to privacy provides individuals or group of individuals to seclude certain information about themselves or seclude themselves and therefore able to selectively reveal themselves. The right to privacy and the freedom of expression are fundamental human rights provisions that allow individual members of the society to interact with each other and to form groups with others in the society. They both provide the bedrock upon which intimate relationships, family relationships, and friendships are built (p. 92). Since most of these aspects are interrelated, protecting right to privacy would simultaneously protect certain aspects of freedom of expression. Clapham (2007, p. 114) asserts that human rights simultaneously claim protection of freedom of expression and that of the right to privacy. A critical look into the definition of human rights