Case Studies Flashcards
Case study individual rights versus collective rights - demonstating how complex HR is
In December 2012 at Indonesian court convicted Lindsey
Sanderford of drug smuggling she had arrived at Bali airport with 4.8 kg of cocaine in her suitcase
She had subsequently cooperated with the police and during the trial expressed remorse for what she had done her defence lawyers argued that she had been pressured into carrying the drugs because of threats to her family
in 2013 however a panel of judges sentenced her to death by firing squad
The verdict caused widespread shock and disbelief Sanderford is local MP Martin Horwood expressed out rage the days of the death-penalty ought to be passed this is not the way that a country that now values democracy and human rights should really be behaving
UK newspapers were similarly indignant reminding the reader is that Sandyford was both the mother and a grandmother and a pawn in the hands of more experienced drug dealers and traffickers
The foreign office made representations to the Indonesian government as did former UK Prime Minister David Cameron the anti-death penalty pressure group retrieve retrieve reprieve took up Sandfords case arguing that as a vulnerable individual the case demonstrates the barbarity of the death-penalty
In 2016 Sandyford celebrated her 60th birthday in prison with the threat of the firing squad still looming over her since the Indonesian Supreme Court had rejected all appeals for mercy a month later three Nigerians and Indonesians were taken from death row and shot for drug smuggling
However the out rage was mainly restricted to the UK Indonesian judges presiding over Sandyford skeates have so far rejected appeals for clemency arguing that her actions deliberately undermined the countries war against drugs
It is impossible to estimate just how many people would have suffered because of one persons actions but such a large amount of cocaine would have had a devastating impact on society in such circumstances the severity of the crime may fully justify the use of capital punishment
The imposition of the death-penalty may also deter others from smugly potentially saving more lives indeed the Indonesian president has publicly stated that executions of drug smugglers are positive and that other countries must respect how he is dealing with the problem estimated to kill 18,000 young Indonesians a year polls suggest that most Indonesians agree with their president on this principle
The case of Lindsey Sandyford demonstrates how complicated the issue of human rights is
Both the rights of the individual and the rights of society need to be considered and wait against each other on one hand she is a UK citizen my drug smuggling would not be punished by the death-penalty she was also arguably pressured into the act but drugs are huge problem in Indonesia which killed around 18,000 a year and her actions would’ve had a devastating impact on society
The case seems to be specific to Indonesian culture where drugs are particularly serious issue this seems to have left the courts to place the rights of society to be free from harm over the rights of the individual specific cultures seem to determine rights e.g. in the
UK the death-penalty does not exist
Human rights are meant to be universal and as not everyone follows the same religion they cannot be determined based on religious principles they are a more secular concern that can widely apply to everyone but there can be other rights specific to different
religions although these would not be human rights As religious rights cannot be universally applied because many people follow many different religions
It seems to be possible to have an international standard of human rights on a western scale but the whole global community will not be able to achieve consensus as illustrated by the Lindsey
Sandyford case due to the numerous cultural values and practices that define how people are treated in different countries even if a consensus was reached it could not be in forced because of the system of international anarchy and the fact that the state is sovereign
On one hand human rights are best determined by the independent sovereign state because the sovereign state understands its people best and should be able to determine the workings of the country however it can be problematic because then what stops different regimes and states taking away rights and mistreating their citizens in the name of sovereignty
rights included in the UDHR
All human beings are born free an equal indignity and rights the right to life liberty and security of person no one shall be held in slavery or servitude no one shall be subjected to torture or to crawl and human or degrading treatment or punishment all are equal before the law no one shall be subiected to arbitrary arrest detention or exile everyone has the right to freedom of thought conscience and religion right to freedom of peaceful assembly and association
the People’s Vote petition
More than 100,000 people have backed a petition demanding a
People’s vote on the final Brexit deal after a huge protest in central
London
Tens of thousands of campaigners marched Through the streets of the city on Saturday calling for a public say on the final outcome of the negotiations with the EU
Demonstrators waving EU flags and placards attended the People’s vote rally which went from Pall Mall to Parliament Square
Following the demonstration schools of people have signed a petition to give the public more control and to avoid a botched
Brexit
Demonstrates rights being practised especially the right to free speech and protest
Saudi women arrested for defying authorities and driving
Saudi authorities have arrested seven prominent women’s rights advocates just weeks before the kingdom is long-standing driving ban on women is set to be lifted
What are the reasons behind the rest are not clear activists told humans rights watch in 2017 that the Royal Court had called the countries prominent activists and warn them not to speak to the media
the calls were made the same day the authorities announced that they would lift the driving ban on women
Rights being enjoyed by and being lifted on driving however rights also being restricted warned not to speak to the media restriction on freedom of speech
the murder of journalists in Russia
Over the past decade western governments and international media bodies have repeatedly urged the Russian authorities to do more to investigate the deaths of journalists
The Paris-based reporters without Borders frequently criticised
Russia for what it described as a failure to investigate these murders
The organisation father claimed that many of the murdered journalists had been critical of Russian president Vladimir Putin
Between 2000 and 2007 reporters without Borders claimed 21 journalists were murdered in Russia because of their work
Pressure on the Russian authorities increased in 2006 after the murder of Anna Politkovskaja - The brutal murder of journalist
Anna Politkovskaja Known for her critical reporting on the conflict in Chechnya in which she Sought to expose human rights abuses was yet another reminder to Russian journalist that violence await those who investigate or criticise those in power
It is estimated that 21 journalists have been killed since Russian
President Vladimir Putin came to power in March 2000 in the great majority of cases no one has been convicted and sentenced for the murders
And example of rights being restricted especially the right to free speech
examples of the individual v collective rights
Abu Qatada
Lindsay Sandiford
rights included in the UDHR
All human beings are born free an equal indignity and rights the right to life liberty and security of person no one shall be held in slavery or servitude no one shall be subjected to torture or to crawl and human or degrading treatment or punishment all are equal before the law no one shall be subjected to arbitrary arrest detention or exile everyone has the right to freedom of thought conscience and religion right to freedom of peaceful assembly and association
the People’s Vote petition
More than 100,000 people have backed a petition demanding a
People’s vote on the final Brexit deal after a huge protest in central
London
Tens of thousands of campaigners marched Through the streets of the city on Saturday calling for a public say on the final outcome of the negotiations with the EU
Demonstrators waving EU flags and placards attended the People’s vote rally which went from Pall Mall to Parliament Square
Following the demonstration schools of people have signed a petition to give the public more control and to avoid a botched
Brexit
Demonstrates rights being practised especially the right to free speech and protest
Saudi women arrested for defying authorities and driving
Saudi authorities have arrested seven prominent women’s rights advocates just weeks before the kingdom is long-standing driving ban on women is set to be lifted
What are the reasons behind the rest are not clear activists told humans rights watch in 2017 that the Royal Court had called the countries prominent activists and warn them not to speak to the media
the calls were made the same day the authorities announced that they would lift the driving ban on women
Rights being enjoyed by and being lifted on driving however rights also being restricted warned not to speak to the media restriction on freedom of speech
