Campaigning for Law Reform to Prohibit Corporal Punishment: Using Legal Action and Regional and International Human Rights Mechanisms: Summary Briefing 6

2009 ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 35
Author(s):  
Hannah Sorenson

You have the opportunity to decide whether or not a person gets caned, the only caveat is that they have committed a crime against you. What will you do? This essay explores the moral complexity of caning in Singapore through an exploration of corporal punishment, criminal justice, moral philosophy, and the Asian values debate; a dilemma that ultimately places concerns of society and the individual at odds. In doing so, the essay argues that the morality of caning changes on the basis of the ethical framework and modification of situation variables. Even so, the moral complexity of caning is not superficially evident. In order to thoroughly engage with all elements of this complexity, this essay begins by attempting to decipher the place of punishment within international human rights frameworks. From there, the essay explores the morality of punishment and its employ in colonial endeavors. This leads to a discussion of modernization, humanitarian ideologies, and control. By creating a framework for analyzing criminal justice in Singapore—including an outline of the intersections of criminal justice, development, and prosperity —this essay seeks to explore the balance between corporal punishment as a tool of prosperity and corporal punishment as a source of pain and degradation. When placed in consequentialist and virtue-based ethical frameworks caning in Singapore looks very different, forcing the moral actor to weigh societal concerns with concerns for individual pain, suffering, and liberties. Keywords: Caning, Morality, Society, Punishment.


Author(s):  
Uliana Kuzenko

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.


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