human rights violation essay introduction

Human Rights Violation Essay Sample, with Outline

Published by gudwriter on January 4, 2021 January 4, 2021

Human Rights Violation Essay Outline

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Thesis: The enforcement and upholding human rights goes a long way in promoting justice, tolerance, mutual respect, and human dignity.

The law punishes heavily those people who violate human rights. Essays on violation of human rights can be tough to most students with the help of credible essay writing service like Gudwriter you get MBA essay writing for students who are struggling to complete their assignments or essays.

Paragraph 1:

There is a general agreement that fundamental human rights and freedoms should be accorded to people no matter the situation or circumstance.

• These rights include but not limited to civil liberties, political rights and most important the right to life.
• A violation of human rights denies individuals their basic moral entitlements.
• Some of the universal human rights abuses and those termed as crimes against humanity include, ‘genocide, torture, slavery, rape, enforced sterilization, medical experimentation, and deliberate starvation’.

Paragraph 2:

In times of warfare, there is often a widespread violation of human, political, and fundamental rights.

• In such situations, the worst violation of human rights and specifically the right to life include massacres, starvation of people, and genocide.
• The murder of individuals and causing them bodily harm, prevention of birth, or forcibly transferring children is a violation of human rights.

Paragraph 3:

Sometimes women face the worst form of human right violation through rape or forced into prostitution.

• Crimes involving sexual mutilation, humiliation, and forced pregnancy are common.
• Another case of human violation among women is that of trafficking where they are transported to long distances for prostitution.

Paragraph 4:

The police are also notorious for violating basic human rights.

• The most common violation of basic human rights by the police is brutality.
• It is a dangerous human right violation since even though it is considered illegal, it can be carried out under the color of law.

Paragraph 6:

 Protection of Human rights

• The question that ought to be considered is how these rights should be protected.
• When it comes to crimes against humanity, there should be a humanitarian intervention.
• Although it is a highly protested debate, humanitarian intervention will go a long way in ensuring that people are not subjected to inhuman treatment.
• The international community should also ensure that international standards related to human rights are promoted without having an interest in a nation but for the sake of the suffering citizens.

Understanding one’s rights goes a long way in preventing human rights violations.

• The citizens of any nation should have adequate knowledge of their rights to ensure that they are not violated.
• It is often said that knowledge is power which means that when people possess knowledge concerning their rights, they will know when their rights are violated and where to go to seek redress.

Paragraph 7:

Due to globalization governments should revise their laws to fight against human rights violation.

• In the wake of the 21 st century, there has been an increase in trading activities across borders meaning that non-state actors are more involves in issues related to human rights.
• Although globalization has enhanced the ability to carry out activities beyond borders, some people have found loopholes where they can violate human rights.
• Governments should ensure that they close such loopholes by the formation of laws that acknowledge the world as a global village.

  Paragraph 8:

All governments across the world should put in place strict penalties against people that violate human rights.

• For instance, when it comes to police brutality, the government through its arms should ensure that people who suffer receive justice.
• A restate of the thesis statement
• A summary of the main points
• A take-away  statement  made based on presented facts or information  

Human rights violation essay instructions – ways through which human rights are violated and what can be done to ensure human rights are protected.

Human Rights Violation and Protection

In every society, there are fundamental rights and freedoms put in place. A human right is a moral principle or a norm that describes or sets specific standards of human behavior and protected in a country’s constitution. There is also the concept of natural rights. Defined, natural rights are those rights that are believed all human beings and animals are entitled to as provided by natural law. Society often views these rights to be inalienable, implying it is almost impossible to take them away. Noteworthy, life, liberty, and property are the most important natural rights. When the U.S. was declaring itself independent from the British, “life, liberty, the pursuit of happiness” were mentioned as the natural rights. The Declaration of the Rights of Man too espoused the idea.

Those who supported the idea, including Thomas Jefferson and John Locke, believed that the government has the purpose of protecting the natural rights of people through a social contract. In such a contract, members of a society implicitly agree to pursue social benefits through mutual cooperation. However, different actions and practices often lead to violation of these rights. A violation of human rights is dangerous and illegal in any society since it defeats the purpose the rights were established in the first place. The enforcement and upholding of human rights goes a long way in promoting justice, tolerance, mutual respect, and human dignity.

There is a general agreement that fundamental human rights and freedoms should be accorded to people no matter the situation or circumstance. These rights include but not limited to civil liberties, political rights, and most importantly the right to life. The protection of human rights ensures that individuals are not treated inhumanely or indecently. A violation of human rights denies individuals their basic moral entitlements. That is, violation of these rights means that one is treated in an undeserving manner. Some of the universal human rights abuses and those termed as crimes against humanity, according to Ekpa (2016), include genocide, torture, slavery, rape, enforced sterilization, medical experimentation, and deliberate starvation.

In times of warfare, there is often a widespread violation of human, political, and fundamental rights. In such situations, the worst violation of human rights and specifically the right to life include massacres, starvation of people, and genocide. Defined, genocide refers to the killing of people of a particular race, ethnicity, or religious group en-masse (MacKinnon, 2017). The killing of people and causing them bodily harm, prevention of birth, or forcibly transferring children are all human rights violations. Genocide is considered as one of the most serious violation of human rights.

Sometimes, women face the worst form of human rights violation through rape or forced prostitution. At other times, the international community fails to consider sexual crimes that happen during times of war. However, crimes involving sexual mutilation, humiliation, and forced pregnancy are common (Bunch, 2013). Another case of human violation among women is that of trafficking whereby they are transported to long distances for prostitution. At times, these acts against women are performed intentionally. For instance, in the 1990s, the media proclaimed that rape and other sexual crimes were carried out deliberately during the Bosnian war.

The police are another group that are notorious for violating fundamental human rights. The most common violation of human rights by the police is brutality. Most of the times, the police are known to exert excessive violence when quelling riots and protests. It is a dangerous human rights violation since even though it is considered illegal, it can be carried out under the color of law. There are numerous videos and news article that show images of people being mistreated in the hands of people who should uphold and implement the very human rights.

Protection of Human rights

Undoubtedly, there are numerous cases of human rights violations . The question that ought to be considered is how these rights should be protected. When it comes to crimes against humanity, there should be a humanitarian intervention (Shelton, 2015). Although it is a highly protested debate, humanitarian intervention will go a long way in ensuring that people are not subjected to inhumane treatment. The international community should also ensure that international standards related to human rights are promoted without having an interest in a nation but for the sake of the suffering citizens.

Understanding one’s rights goes a long way in preventing human rights violations. The citizens of any nation should have adequate knowledge of their rights to ensure that they are not violated. It is often said that knowledge is power, which means that when people possess knowledge concerning their rights, they will know when the rights are violated and where to go in order to seek redress.

Due to globalization, governments should revise their laws to fight against human rights violation. In the wake of the 21st century, there has been an increase in trading activities across borders meaning that non-state actors are more involved in issues related to human rights (Shelton, 2015). Although globalization has enhanced the ability to carry out activities beyond borders, some people have found loopholes through which to violate human rights. Therefore, governments should ensure that they close such loopholes by adopting laws that acknowledge the world as a global village.

All governments across the world should put in place strict penalties against people who violate human rights. For instance, when it comes to police brutality, a country’s government through its arms should ensure that people who suffer receive justice. Sometimes, the government might turn a blind eye to such situations, but the situations brew catastrophe in the long run. In this light, the fight against human rights violation should start with the government and spread to other parties.

The enforcement and upholding of human rights goes a long way in promoting justice, tolerance, mutual respect, and human dignity. When human rights are violated, it means that there is a total disregard of basic human moral entitlements. Therefore, people should be educated on their rights and governments should play a role in protecting these rights without turning a blind eye to any situation involving human rights violation.

Bunch, C. (1990). Women’s rights as human rights: Toward a re-vision of human rights.  Hum. Rts. Q. ,  12 , 486.

Ekpa, S. (2016). Human rights violation. SSRN . Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2738447

MacKinnon, C. A. (2017). Rape, genocide, and women’s human rights. In  Genocide and human rights  (pp. 133-144). New York, NY: Routledge.

Shelton, D. (2015).  Remedies in international human rights law . New York, NY: Oxford University Press.

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Essay on Human Rights: Samples in 500 and 1500

• Updated on  
• Dec 9, 2023

Essay writing is an integral part of the school curriculum and various academic and competitive exams like IELTS , TOEFL , SAT , UPSC , etc. It is designed to test your command of the English language and how well you can gather your thoughts and present them in a structure with a flow. To master your ability to write an essay, you must read as much as possible and practise on any given topic. This blog brings you a detailed guide on how to write an essay on Human Rights , with useful essay samples on Human rights.

This Blog Includes:

The basic human rights, 200 words essay on human rights, 500 words essay on human rights, 500+ words essay on human rights in india, 1500 words essay on human rights, importance of human rights, essay on human rights pdf.

Also Read: Essay on Labour Day

Also Read: 1-Minute Speech on Human Rights for Students

What are Human Rights

Human rights mark everyone as free and equal, irrespective of age, gender, caste, creed, religion and nationality. The United Nations adopted human rights in light of the atrocities people faced during the Second World War. On the 10th of December 1948, the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR). Its adoption led to the recognition of human rights as the foundation for freedom, justice and peace for every individual. Although it’s not legally binding, most nations have incorporated these human rights into their constitutions and domestic legal frameworks. Human rights safeguard us from discrimination and guarantee that our most basic needs are protected.

Did you know that the 10th of December is celebrated as Human Rights Day ?

Before we move on to the essays on human rights, let’s check out the basics of what they are.

Also Read: What are Human Rights?

Also Read: 7 Impactful Human Rights Movies Everyone Must Watch!

Here is a 200-word short sample essay on basic Human Rights.

Human rights are a set of rights given to every human being regardless of their gender, caste, creed, religion, nation, location or economic status. These are said to be moral principles that illustrate certain standards of human behaviour. Protected by law , these rights are applicable everywhere and at any time. Basic human rights include the right to life, right to a fair trial, right to remedy by a competent tribunal, right to liberty and personal security, right to own property, right to education, right of peaceful assembly and association, right to marriage and family, right to nationality and freedom to change it, freedom of speech, freedom from discrimination, freedom from slavery, freedom of thought, conscience and religion, freedom of movement, right of opinion and information, right to adequate living standard and freedom from interference with privacy, family, home and correspondence.

Also Read: Law Courses

Check out this 500-word long essay on Human Rights.

Every person has dignity and value. One of the ways that we recognise the fundamental worth of every person is by acknowledging and respecting their human rights. Human rights are a set of principles concerned with equality and fairness. They recognise our freedom to make choices about our lives and develop our potential as human beings. They are about living a life free from fear, harassment or discrimination.

Human rights can broadly be defined as the basic rights that people worldwide have agreed are essential. These include the right to life, the right to a fair trial, freedom from torture and other cruel and inhuman treatment, freedom of speech, freedom of religion, and the right to health, education and an adequate standard of living. These human rights are the same for all people everywhere – men and women, young and old, rich and poor, regardless of our background, where we live, what we think or believe. This basic property is what makes human rights’ universal’.

Human rights connect us all through a shared set of rights and responsibilities. People’s ability to enjoy their human rights depends on other people respecting those rights. This means that human rights involve responsibility and duties towards other people and the community. Individuals have a responsibility to ensure that they exercise their rights with consideration for the rights of others. For example, when someone uses their right to freedom of speech, they should do so without interfering with someone else’s right to privacy.

Governments have a particular responsibility to ensure that people can enjoy their rights. They must establish and maintain laws and services that enable people to enjoy a life in which their rights are respected and protected. For example, the right to education says that everyone is entitled to a good education. Therefore, governments must provide good quality education facilities and services to their people. If the government fails to respect or protect their basic human rights, people can take it into account.

Values of tolerance, equality and respect can help reduce friction within society. Putting human rights ideas into practice can help us create the kind of society we want to live in. There has been tremendous growth in how we think about and apply human rights ideas in recent decades. This growth has had many positive results – knowledge about human rights can empower individuals and offer solutions for specific problems.

Human rights are an important part of how people interact with others at all levels of society – in the family, the community, school, workplace, politics and international relations. Therefore, people everywhere must strive to understand what human rights are. When people better understand human rights, it is easier for them to promote justice and the well-being of society. 

Also Read: Important Articles in Indian Constitution

Here is a human rights essay focused on India.

All human beings are born free and equal in dignity and rights. It has been rightly proclaimed in the American Declaration of Independence that “all men are created equal, that they are endowed by their Created with certain unalienable rights….” Similarly, the Indian Constitution has ensured and enshrined Fundamental rights for all citizens irrespective of caste, creed, religion, colour, sex or nationality. These basic rights, commonly known as human rights, are recognised the world over as basic rights with which every individual is born.

In recognition of human rights, “The Universal Declaration of Human Rights was made on the 10th of December, 1948. This declaration is the basic instrument of human rights. Even though this declaration has no legal bindings and authority, it forms the basis of all laws on human rights. The necessity of formulating laws to protect human rights is now being felt all over the world. According to social thinkers, the issue of human rights became very important after World War II concluded. It is important for social stability both at the national and international levels. Wherever there is a breach of human rights, there is conflict at one level or the other.

Given the increasing importance of the subject, it becomes necessary that educational institutions recognise the subject of human rights as an independent discipline. The course contents and curriculum of the discipline of human rights may vary according to the nature and circumstances of a particular institution. Still, generally, it should include the rights of a child, rights of minorities, rights of the needy and the disabled, right to live, convention on women, trafficking of women and children for sexual exploitation etc.

Since the formation of the United Nations , the promotion and protection of human rights have been its main focus. The United Nations has created a wide range of mechanisms for monitoring human rights violations. The conventional mechanisms include treaties and organisations, U.N. special reporters, representatives and experts and working groups. Asian countries like China argue in favour of collective rights. According to Chinese thinkers, European countries lay stress upon individual rights and values while Asian countries esteem collective rights and obligations to the family and society as a whole.

With the freedom movement the world over after World War II, the end of colonisation also ended the policy of apartheid and thereby the most aggressive violation of human rights. With the spread of education, women are asserting their rights. Women’s movements play an important role in spreading the message of human rights. They are fighting for their rights and supporting the struggle for human rights of other weaker and deprived sections like bonded labour, child labour, landless labour, unemployed persons, Dalits and elderly people.

Unfortunately, violation of human rights continues in most parts of the world. Ethnic cleansing and genocide can still be seen in several parts of the world. Large sections of the world population are deprived of the necessities of life i.e. food, shelter and security of life. Right to minimum basic needs viz. Work, health care, education and shelter are denied to them. These deprivations amount to the negation of the Universal Declaration of Human Rights.

Also Read: Human Rights Courses

Check out this detailed 1500-word essay on human rights.

The human right to live and exist, the right to equality, including equality before the law, non-discrimination on the grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment, the right to freedom of speech and expression, assembly, association, movement, residence, the right to practice any profession or occupation, the right against exploitation, prohibiting all forms of forced labour, child labour and trafficking in human beings, the right to freedom of conscience, practice and propagation of religion and the right to legal remedies for enforcement of the above are basic human rights. These rights and freedoms are the very foundations of democracy.

Obviously, in a democracy, the people enjoy the maximum number of freedoms and rights. Besides these are political rights, which include the right to contest an election and vote freely for a candidate of one’s choice. Human rights are a benchmark of a developed and civilised society. But rights cannot exist in a vacuum. They have their corresponding duties. Rights and duties are the two aspects of the same coin.

Liberty never means license. Rights presuppose the rule of law, where everyone in the society follows a code of conduct and behaviour for the good of all. It is the sense of duty and tolerance that gives meaning to rights. Rights have their basis in the ‘live and let live’ principle. For example, my right to speech and expression involves my duty to allow others to enjoy the same freedom of speech and expression. Rights and duties are inextricably interlinked and interdependent. A perfect balance is to be maintained between the two. Whenever there is an imbalance, there is chaos.

A sense of tolerance, propriety and adjustment is a must to enjoy rights and freedom. Human life sans basic freedom and rights is meaningless. Freedom is the most precious possession without which life would become intolerable, a mere abject and slavish existence. In this context, Milton’s famous and oft-quoted lines from his Paradise Lost come to mind: “To reign is worth ambition though in hell/Better to reign in hell, than serve in heaven.”

However, liberty cannot survive without its corresponding obligations and duties. An individual is a part of society in which he enjoys certain rights and freedom only because of the fulfilment of certain duties and obligations towards others. Thus, freedom is based on mutual respect’s rights. A fine balance must be maintained between the two, or there will be anarchy and bloodshed. Therefore, human rights can best be preserved and protected in a society steeped in morality, discipline and social order.

Violation of human rights is most common in totalitarian and despotic states. In the theocratic states, there is much persecution, and violation in the name of religion and the minorities suffer the most. Even in democracies, there is widespread violation and infringement of human rights and freedom. The women, children and the weaker sections of society are victims of these transgressions and violence.

The U.N. Commission on Human Rights’ main concern is to protect and promote human rights and freedom in the world’s nations. In its various sessions held from time to time in Geneva, it adopts various measures to encourage worldwide observations of these basic human rights and freedom. It calls on its member states to furnish information regarding measures that comply with the Universal Declaration of Human Rights whenever there is a complaint of a violation of these rights. In addition, it reviews human rights situations in various countries and initiates remedial measures when required.

The U.N. Commission was much concerned and dismayed at the apartheid being practised in South Africa till recently. The Secretary-General then declared, “The United Nations cannot tolerate apartheid. It is a legalised system of racial discrimination, violating the most basic human rights in South Africa. It contradicts the letter and spirit of the United Nations Charter. That is why over the last forty years, my predecessors and I have urged the Government of South Africa to dismantle it.”

Now, although apartheid is no longer practised in that country, other forms of apartheid are being blatantly practised worldwide. For example, sex apartheid is most rampant. Women are subject to abuse and exploitation. They are not treated equally and get less pay than their male counterparts for the same jobs. In employment, promotions, possession of property etc., they are most discriminated against. Similarly, the rights of children are not observed properly. They are forced to work hard in very dangerous situations, sexually assaulted and exploited, sold and bonded for labour.

The Commission found that religious persecution, torture, summary executions without judicial trials, intolerance, slavery-like practices, kidnapping, political disappearance, etc., are being practised even in the so-called advanced countries and societies. The continued acts of extreme violence, terrorism and extremism in various parts of the world like Pakistan, India, Iraq, Afghanistan, Israel, Somalia, Algeria, Lebanon, Chile, China, and Myanmar, etc., by the governments, terrorists, religious fundamentalists, and mafia outfits, etc., is a matter of grave concern for the entire human race.

Violation of freedom and rights by terrorist groups backed by states is one of the most difficult problems society faces. For example, Pakistan has been openly collaborating with various terrorist groups, indulging in extreme violence in India and other countries. In this regard the U.N. Human Rights Commission in Geneva adopted a significant resolution, which was co-sponsored by India, focusing on gross violation of human rights perpetrated by state-backed terrorist groups.

The resolution expressed its solidarity with the victims of terrorism and proposed that a U.N. Fund for victims of terrorism be established soon. The Indian delegation recalled that according to the Vienna Declaration, terrorism is nothing but the destruction of human rights. It shows total disregard for the lives of innocent men, women and children. The delegation further argued that terrorism cannot be treated as a mere crime because it is systematic and widespread in its killing of civilians.

Violation of human rights, whether by states, terrorists, separatist groups, armed fundamentalists or extremists, is condemnable. Regardless of the motivation, such acts should be condemned categorically in all forms and manifestations, wherever and by whomever they are committed, as acts of aggression aimed at destroying human rights, fundamental freedom and democracy. The Indian delegation also underlined concerns about the growing connection between terrorist groups and the consequent commission of serious crimes. These include rape, torture, arson, looting, murder, kidnappings, blasts, and extortion, etc.

Violation of human rights and freedom gives rise to alienation, dissatisfaction, frustration and acts of terrorism. Governments run by ambitious and self-seeking people often use repressive measures and find violence and terror an effective means of control. However, state terrorism, violence, and human freedom transgressions are very dangerous strategies. This has been the background of all revolutions in the world. Whenever there is systematic and widespread state persecution and violation of human rights, rebellion and revolution have taken place. The French, American, Russian and Chinese Revolutions are glowing examples of human history.

The first war of India’s Independence in 1857 resulted from long and systematic oppression of the Indian masses. The rapidly increasing discontent, frustration and alienation with British rule gave rise to strong national feelings and demand for political privileges and rights. Ultimately the Indian people, under the leadership of Mahatma Gandhi, made the British leave India, setting the country free and independent.

Human rights and freedom ought to be preserved at all costs. Their curtailment degrades human life. The political needs of a country may reshape Human rights, but they should not be completely distorted. Tyranny, regimentation, etc., are inimical of humanity and should be resisted effectively and united. The sanctity of human values, freedom and rights must be preserved and protected. Human Rights Commissions should be established in all countries to take care of human freedom and rights. In cases of violation of human rights, affected individuals should be properly compensated, and it should be ensured that these do not take place in future.

These commissions can become effective instruments in percolating the sensitivity to human rights down to the lowest levels of governments and administrations. The formation of the National Human Rights Commission in October 1993 in India is commendable and should be followed by other countries.

Also Read: Law Courses in India

Human rights are of utmost importance to seek basic equality and human dignity. Human rights ensure that the basic needs of every human are met. They protect vulnerable groups from discrimination and abuse, allow people to stand up for themselves, and follow any religion without fear and give them the freedom to express their thoughts freely. In addition, they grant people access to basic education and equal work opportunities. Thus implementing these rights is crucial to ensure freedom, peace and safety.

Human Rights Day is annually celebrated on the 10th of December.

Human Rights Day is celebrated to commemorate the Universal Declaration of Human Rights, adopted by the UNGA in 1948.

Some of the common Human Rights are the right to life and liberty, freedom of opinion and expression, freedom from slavery and torture and the right to work and education.

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We hope our sample essays on Human Rights have given you some great ideas. For more information on such interesting blogs, visit our essay writing page and follow Leverage Edu .

Sonal is a creative, enthusiastic writer and editor who has worked extensively for the Study Abroad domain. She splits her time between shooting fun insta reels and learning new tools for content marketing. If she is missing from her desk, you can find her with a group of people cracking silly jokes or petting neighbourhood dogs.

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Beyond Intractability

The Hyper-Polarization Challenge to the Conflict Resolution Field: A Joint BI/CRQ Discussion BI and the Conflict Resolution Quarterly invite you to participate in an online exploration of what those with conflict and peacebuilding expertise can do to help defend liberal democracies and encourage them live up to their ideals.

Follow BI and the Hyper-Polarization Discussion on BI's New Substack Newsletter .

Hyper-Polarization, COVID, Racism, and the Constructive Conflict Initiative Read about (and contribute to) the  Constructive Conflict Initiative  and its associated Blog —our effort to assemble what we collectively know about how to move beyond our hyperpolarized politics and start solving society's problems. 

By Michelle Maiese

July 2003  

What it Means to Violate Human Rights

There is now near-universal consensus that all individuals are entitled to certain basic rights under any circumstances. These include certain civil liberties and political rights, the most fundamental of which is the right to life and physical safety. Human rights are the articulation of the need for justice , tolerance , mutual respect, and human dignity in all of our activity.[1] Speaking of rights allows us to express the idea that all individuals are part of the scope of morality and justice.

To protect human rights is to ensure that people receive some degree of decent, humane treatment. To violate the most basic human rights, on the other hand, is to deny individuals their fundamental moral entitlements. It is, in a sense, to treat them as if they are less than human and undeserving of respect and dignity. Examples are acts typically deemed "crimes against humanity," including genocide , torture, slavery, rape, enforced sterilization or medical experimentation, and deliberate starvation. Because these policies are sometimes implemented by governments, limiting the unrestrained power of the state is an important part of international law . Underlying laws that prohibit the various "crimes against humanity" is the principle of nondiscrimination and the notion that certain basic rights apply universally.[2]

The Various Types of Violations

The number of deaths related to combat and the collateral damage caused by warfare are only a small part of the tremendous amount of suffering and devastation caused by conflicts. Over the course of protracted conflict, assaults on political rights and the fundamental right to life are typically widespread. Some of the gravest violations of the right to life are massacres, the starvation of entire populations, and genocide. Genocide is commonly understood as the intentional extermination of a single ethnic, racial, or religious group. Killing group members, causing them serious bodily or mental harm, imposing measures to prevent birth, or forcibly transferring children are all ways to bring about the destruction of a group. Genocide is often regarded as the most offensive crime against humanity.

The term "war crime" refers to a violation of the rules of jus in bello (justice in war) by any individual, whether military or civilian.[3] The laws of armed conflict prohibit attacks on civilians and the use of weapons that cause unnecessary suffering or long-term environmental damage.[4] Other war crimes include taking hostages, firing on localities that are undefended and without military significance, such as hospitals or schools, inhuman treatment of prisoners, including biological experiments, and the pillage or purposeless destruction of property.[5] Although clearly outlawed by international law, such war crimes are common. According to Kofi Annan, Secretary-General of the United Nations, it is increasingly true that "the main aim...[of conflicts]... is the destruction not of armies but of civilians and entire ethnic groups."[6]

Women and girls are often raped by soldiers or forced into prostitution. For a long time, the international community has failed to address the problem of sexual violence during armed conflict.[7] However, sexual assaults, which often involve sexual mutilation, sexual humiliation , and forced pregnancy, are quite common. Such crimes are motivated in part by the long-held view that women are the "spoils" of war to which soldiers are entitled. Trafficking in women is a form of sexual slavery in which women are transported across national borders and marketed for prostitution. These so-called "comfort women" are another example of institutionalized sexual violence against women during wartime. Sexual violence is sometimes viewed as a way to destroy male and community pride or humiliate men who cannot "protect" their women. It is also used to silence women who are politically active, or simply inflict terror upon the population at large.[8] Mass rapes may also form part of a genocidal strategy, designed to impose conditions that lead to the destruction of an entire group of people. For example, during the 1990s, the media reported that "rape and other sexual atrocities were a deliberate and systematic part of the Bosnian Serb campaign for victory in the war" in the former Yugoslavia.[9]

Rather than simply killing off whole populations, government forces may carry out programs of torture. Torture can be either physical or psychological, and aims at the "humiliation or annihilation of the dignity of the person."[10] Physical torture might include mutilation, beatings, and electric shocks to lips, gums, and genitals.[11] In psychological torture, detainees are sometimes deprived of food and water for long periods, kept standing upright for hours, deprived of sleep, or tormented by high-level noise.

Torture is used in some cases as a way to carry out interrogations and extract confessions or information. Today, it is increasingly used as a means of suppressing political and ideological dissent, or for punishing political opponents who do not share the ideology of the ruling group.[12]

In addition to torture, tens of thousands of people detained in connection with conflicts "disappear" each year, and are usually killed and buried in secret.[13] Government forces "take people into custody, hold them in secret, and then refuse to acknowledge responsibility for their whereabouts or fate."[14] This abduction of persons is typically intended to secure information and spread terror. In most cases, interrogations involve threats and torture, and those who are arrested are subsequently killed.[15] Corpses are buried in unmarked graves or left at dumpsites in an attempt to conceal acts of torture and summary execution of those in custody.[16] Because people disappear without any trace, families do not know whether their loved ones are alive or dead.

Various lesser forms of political oppression are often enacted as well. Individuals who pose a threat to those in power or do not share their political views may be arbitrarily imprisoned, and either never brought to trial or subject to grossly unfair trial procedures. Mass groups of people may be denied the right to vote or excluded from all forms of political participation. Or, measures restricting people's freedom of movement may be enforced. These include forcible relocations, mass expulsions, and denials of the right to seek asylum or return to one's home.[17]

Political oppression may also take the form of discrimination . When this occurs, basic rights may be denied on the basis of religion, ethnicity, race, or gender. Apartheid, which denies political rights on the basis of race, is perhaps one of the most severe forms of discrimination. The system of apartheid in South Africa institutionalized extreme racial segregation that involved laws against interracial marriage or sexual relations and requirements for the races to live in different territorial areas. Certain individuals were held to be inferior by definition, and not regarded as full human beings under the law.[18] The laws established under this system aimed at social control, and brought about a society divided along racial lines and characterized by a systematic disregard for human rights.

In addition, women are uniquely vulnerable to certain types of human rights abuses -- in addition to the sexual abuse mentioned above, entrenched discrimination against women is prevalent in many parts of the world and leads to various forms of political and social oppression. This includes strict dress codes and harsh punishments for sexual "transgressions," which impose severe limitations on women's basic liberties. In addition, women in some regions (Africa , for example) suffer greater poverty than men and are denied political influence, education, and job training.[19]

Human Rights Violations and Intractable Conflict

Many have noted the strong interdependence between human rights violations and intractable conflict. Abuse of human rights often leads to conflict, and conflict typically results in human rights violations. It is not surprising, then, that human rights abuses are often at the center of wars and that protection of human rights is central to conflict resolution.[20]

Violations of political and economic rights are the root causes of many crises. When rights to adequate food, housing, employment, and cultural life are denied, and large groups of people are excluded from the society's decision-making processes, there is likely to be great social unrest. Such conditions often give rise to justice conflicts , in which parties demand that their basic needs be met.

Indeed, many conflicts are sparked or spread by violations of human rights. For example, massacres or torture may inflame hatred and strengthen an adversary's determination to continue fighting. Violations may also lead to further violence from the other side and can contribute to a conflict's spiraling out of control.

On the flip side, armed conflict often leads to the breakdown of infrastructure and civic institutions, which in turn undermines a broad range of rights. When hospitals and schools are closed, rights to adequate health and education are threatened. The collapse of economic infrastructure often results in pollution, food shortages, and overall poverty.[21] These various forms of economic breakdown and oppression violate rights to self-determination and often contribute to further human tragedy in the form of sickness, starvation, and lack of basic shelter. The breakdown of government institutions results in denials of civil rights, including the rights to privacy, fair trial, and freedom of movement. In many cases, the government is increasingly militarized, and police and judicial systems are corrupted. Abductions, arbitrary arrests, detentions without trial, political executions, assassinations, and torture often follow.

In cases where extreme violations of human rights have occurred, reconciliation and peacebuilding become much more difficult. Unresolved human rights issues can serve as obstacles to peace negotiations .[22] This is because it is difficult for parties to move toward conflict transformation and forgiveness when memories of severe violence and atrocity are still primary in their minds.

What Can Be Done?

International humanitarian law has been enacted to preserve humanity in all circumstances, even during conflicts. Such law "creates areas of peace in the midst of conflict, imposes the principle of a common humanity, and calls for dialogue ."[23] It rules out unlimited force or total war and seeks to limit the use of violence in the hopes of maintaining the necessary conditions for a return to peace. Various international committees are in place to monitor compliance with human rights standards and report any violations. When breaches do occur, they are brought to the attention of international tribunals or tried in an international court or war crimes tribunal.

But conflicts sometimes progress beyond the state at which international law can help. As the number of victims grows and more individuals are taken prisoner, tortured, or executed, it becomes more difficult to resort to the legal path.[24]

In addition, it is often difficult to "reconcile the safeguarding of human rights with conflict resolution."[25] Many peacekeeping and conflict-prevention initiatives have failed both to protect human rights and help the parties towards conflict resolution. In part this is due to the fact that while wars between states have diminished, wars within states have escalated. Many internal conflicts involve a surge in organized violence. Genocide, crimes against humanity, and aggression against civilians have become a central part of warfare in these "internal" conflicts. Such violence often arises out of identity issues -- in-group/out-group dynamics -- and attempts of one ethnic or religious group to gain and maintain political control and to exclude other groups.[26] Such conflicts are often not fought over principles or ideas, but rather focus on differences. The "outsiders" are dehumanized, making human rights violations such as severe discrimination or ethnic cleansing all the more psychologically feasible. Thus, attacks on human rights are often at the very heart of these internal conflicts.[27]

In response, public authorities must regain control of organized violence. This means a re-establishment of the rule of law and a rebuilding of trust in public authorities. In addition, more inclusive, democratic values are needed to defuse exclusivist ideals.[28] In the face of such violations, leaders must champion international legal norms and human rights. These human rights norms are central to the maintenance of civil society, and necessary for grounding attitudes of tolerance and mutual respect within communities.

Serious difficulties arise, however, when those in power are responsible for human rights violations. In this case, outside intervention is necessary to stop the abuse.

The Question of Humanitarian Intervention

There is much disagreement about when and to what extent outside countries can engage in humanitarian intervention . More specifically, there is debate about the efficacy of using military force to protect the human rights of individuals in other nations. This sort of debate stems largely from a tension between state sovereignty and the rights of individuals.

Some defend the principles of state sovereignty and nonintervention, and argue that other states must be permitted to determine their own course. It is thought that states have diverse conceptions of justice, and international coexistence depends on a pluralist ethic whereby each state can uphold its own conception of the good. Among many, there is "a profound skepticism about the possibilities of realizing notions of universal justice."[29] States that presume to judge what counts as a violation of human rights in another nation interfere with that nation's right to self-determination . In addition, requiring some country to respect human rights is liable to cause friction and can lead to far-reaching disagreements.[30] Thus, acts of intervention may disrupt interstate order and lead to further conflict.[31]

Others think, "Only the vigilant eye of the international community can ensure the proper observance of international standards, in the interest not of one state or another but of the individuals themselves."[32] They maintain that massive violations of human rights, such as genocide and crimes against humanity, warrant intervention, even if it causes some tension or disagreement. Certain rights are inalienable and universal, and "taking basic rights seriously means taking responsibility for their protection everywhere."[33] If, through its atrocious actions, a state destroys the lives and rights of its citizens, it temporarily forfeits its claims to legitimacy and sovereignty.[34] Outside governments then have a positive duty to take steps to protect human rights and preserve life. In addition, it is thought that political systems that protect human rights reduce the threat of world conflict.[35] Thus, intervention might also be justified on the ground of preserving international security.

Nevertheless, governments are often reluctant to commit military forces and resources to defend human rights in other states.[36] In addition, the use of violence to end human rights violations poses a moral dilemma insofar as such interventions may lead to further loss of innocent lives.[37] It is imperative that the least amount of force necessary to achieve humanitarian objectives be used, and that intervention not do more harm than good. Lastly, there is a need to ensure that intervention is legitimate, and motivated by genuine humanitarian concerns. The purposes of intervention must be apolitical and disinterested. However, if risks and costs of intervention are high, it is unlikely that states will intervene unless their direct interests are involved.[38]

Many note that in order to truly address human rights violations, we must strive to understand the underlying causes of these breaches. These causes have to do with underdevelopment, economic pressures, various social problems, and international conditions.[39] Indeed, the roots of repression, discrimination, and other denials of human rights stem from deeper and more complex political, social, and economic problems. It is only by understanding and ameliorating these root causes and strengthening civil society that we can truly protect human rights.

[1] Helena Kennedy. "Conflict Resolution and Human Rights: Contradictory or Complementary?" INCORE, 1. 

[2] Don Hubert and Thomas G. Weiss et al. The Responsibility to Protect: Supplementary Volume to the Report of the International Commission on Intervention and State Sovereignty. (Canada: International Development Research Centre, 2001), 144.

[3] Jordan J.Paust et al. Human Rights Module: On Crimes Against Humanity, Genocide, Other Crimes Against Human Rights, and War Crimes, (Carolina Academic Press.2001), 130.

[4] Hubert and Weiss, et al., 144.

[5] Paust, et al., 131.

[6] United Nations Press Release SG/SM/6524 SC/6503 "Secretary-General Says Proposals in his Report on Africa Require New Ways of Thinking, of Acting" (16 April 1998, accessed 30 January 2003). Available at http://www.un.org/ecosocdev/geninfo/afrec/sgreport/pressrel.htm ; Internet.

[7] "Sexual Violence and Armed Conflict: United Nations Response." United Nations. Available at: http://www.un.org/womenwatch/daw/public/cover.htm ; Internet. 

[8] "Sexual Violence." Available at: http://www.un.org/womenwatch/daw/public/cover.htm ; Internet.

[9] "Sexual Violence." Available at: http://www.un.org/womenwatch/daw/public/cover.htm ; Internet.

[10] Antonio Cassese, Human Rights in a Changing World . (Philadelphia: Temple University Press, 1990), 90.

[11] Cassese, 123.

[12] Cassese, 90.

[13] "Human Rights Today: A United Nations Priority," The United Nations, (2000), available at: http://www.un.org/rights/HRToday/ ; Internet.

[14] " 'Dirty War' in Chechnya: Forced Disappearances, Torture, and Summary Executions." Human Rights Watch, March 2001. Vol. 13, no. 1, 4. Available at: http://www.hrw.org/reports/2001/chechnya/RSCH0301.PDF ; Internet.

[15] Cassese, 122.

[16] " 'Dirty War' in Chechnya," 31.

[17] "Human Rights Today: A United Nations Priority"

[18] Cassese, 108.

[19] Matthews, "Women's Rights are Human Rights"

[20] Kennedy, 1.

[21] "Human Rights Today"

[22] Michel Veuthey, "International Humanitarian Law and the Restoration and Maintenance of Peace." African Security Review, Vol. 7, No. 5, Institute for Security Studies, 1998. Available at: http://www.iss.co.za/Pubs/ASR/7No5/InternationalHumanitarian.html ; Internet.

[23] Veuthey, "International Humanitarian Law and the Restoration and Maintenance of Peace."

[24] Veuthey, "International Humanitarian Law and the Restoration and Maintenance of Peace."

[25] Kennedy, 6.

[26] Kennedy, 8.

[27] Kennedy, 9.

[28] Kennedy, 9.

[29] Hubert and Weiss, et al., 133.

[30] Cassese, 58.

[31] Hubert and Weiss, et al., 133.

[32] Cassese, 55-6.

[33] Hubert and Weiss, et al., 135.

[34] Hubert and Weiss, et al., 136.

[35] Cassese, 58.

[36] Hubert and Weiss, et al., 136.

[37] Hubert and Weiss, et al., 137.

[38] Hubert and Weiss, et al., 141.

[39] Cassese, 59.

Use the following to cite this article: Maiese, Michelle. "Human Rights Violations." Beyond Intractability . Eds. Guy Burgess and Heidi Burgess. Conflict Information Consortium, University of Colorado, Boulder. Posted: July 2003 < http://www.beyondintractability.org/essay/human-rights-violations >.

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"Why Human Rights?": Reflection by Eleni Christou

This post is the first installment from UChicago Law's International Human Rights Law Clinic in a series titled — The Matter of Human Rights. In this 16-part series, law students examine, question and reflect on the historical, ideological, and normative roots of the human rights system, how the system has evolved, its present challenges and future possibilities. Eleni Christou is a third year in the Law School at the University of Chicago.

Why Human Rights?

By: Eleni Christou University of Chicago Law School Class of 2019

When the term “human rights” is used, it conjures up, for some, powerful images of the righteous fight for the inalienable rights that people have just by virtue of being human. It is Martin Luther King Jr. before the Washington monument as hundreds of thousands gather and look on; it is Nelson Mandela’s long walk to freedom; or a 16-year-old Malala telling her story, so others like her may be heard. But what is beyond these archetypes? Does the system work? Can we make it work better? Is it even the right system for our times? In other words, why human rights?

Human rights are rights that every person has from the moment they are born to the moment they die. They are things that everyone is entitled to, such as life, liberty, freedom of expression, and the right to education, just by virtue of being human. People can never lose these rights on the basis of age, sex, nationality, race, or disability. Human rights offer us a principled framework, rooted in normative values meant for all nations and legal orders. In a world order in which states/governments set the rules, the human rights regime is the counterweight, one concerned with and focused on the individual. In other words, we need human rights because it provides us a way of evaluating and challenging national laws and practices as to the treatment of individuals.

The foundational human right text for our modern-day system is the  Universal Declaration of Human Rights . Adopted by the United Nations General Assembly in December, 1948, this document lays out 30 articles which define the rights each human is entitled to. These rights are designed to protect core human values and prohibit institutions and practices that are contrary to the enjoyment of the rights. Rights often complement each other, and at times, can be combined to form new rights. For example, humans have a right to liberty, and also a right to be free from slavery, two rights which complement and reinforce each other. Other times, rights can be in tension, like when a person’s right to freedom of expression infringes upon another’s right to freedom from discrimination.

In this post, I’ll provide an example of how the human rights system has been used to do important work. The international communities’ work to develop the law and organize around human rights principles to challenge and sanction the apartheid regime in South Africa provides a valuable illustration of how the human rights system can be used successfully to alleviate state human rights violations that previously would have been written off as a domestic matter.

From 1948 to 1994, South Africa had a system of racial segregation called ‘ apartheid ,’ literally meaning ‘separateness.’ The minority white population was committing blatant human rights violations to maintain their control over the majority black population, and smaller multiethnic and South Asian communities. This system of apartheid was codified in laws at every level of the country, restricting where non-whites could live, work, and simply be. Non-whites were stripped of  voting rights ,  evicted from their homes  and forced into segregated neighborhoods, and not allowed to travel out of these neighborhoods without  passes . Interracial marriage was forbidden, and transport and civil facilities were all segregated, leading to extremely inferior services for the majority of South Africans. The horrific conditions imposed on non-whites led to  internal resistance movements , which the white ruling class responded to with  extreme violence , leaving thousands dead or imprisoned by the government.

While certain global leaders expressed concern about the Apartheid regime in South Africa, at first, most (including the newly-formed UN) considered it a domestic affair. However, that view changed in 1960 following the  Sharpeville Massacre , where 69 protesters of the travel pass requirement were murdered by South African police. In 1963, the United Nations Security Council passed  Resolution 181 , which called for a voluntary arms embargo against South Africa, which was later made mandatory. The Security Council condemned South Africa’s apartheid regime and encouraged states not to “indirectly [provide] encouragement . . . [of] South Africa to perpetuate, by force, its policy of apartheid,” by participating in the embargo. During this time, many countries, including the United States, ended their arms trade with South Africa. Additionally, the UN urged an oil embargo, and eventually  suspended South Africa  from the General Assembly in 1974.

In 1973, the UN General Assembly passed the  International Convention on the Suppression and Punishment of the Crime of Apartheid , and it came into force in 1976. This convention made apartheid a crime against humanity. It expanded the prohibition of apartheid and similar policies outside of the South African context, and laid the groundwork for international actions to be taken against any state that engaged in these policies. This also served to further legitimize the international response to South Africa’s apartheid regime.

As the state-sanctioned violence in South Africa intensified, and the global community came to understand the human rights violation being carried out on a massive scale, countries worked domestically to place trade sanctions on South Africa, and many divestment movements gained popular support. International sports teams refused to play in South Africa and cut ties with their sports federations, and many actors engaged in cultural boycotts. These domestic actions worked in tandem with the actions taken by the United Nations, mirroring the increasingly widespread ideology that human rights violations are a global issue that transcend national boundaries, but are an international concern of all peoples.

After years of domestic and international pressure, South African leadership released the resistance leader Nelson Mandela in 1990 and began negotiations for the dismantling of apartheid. In 1994, South Africa’s apartheid officially ended with the first general elections. With universal suffrage, Nelson Mandela was elected president.

In a  speech to the UN General Assembly , newly elected Nelson Mandela recognized the role that the UN and individual countries played in the ending of apartheid, noting these interventions were a success story of the human rights system. The human rights values embodied in the UDHR, the ICSPCA, and numerous UN Security Council resolutions, provided an external normative and legal framework by which the global community could identify unlawful state action and hold South Africa accountable for its system of apartheid. The international pressure applied via the human rights system has been considered a major contributing factor to the end of apartheid. While the country has not fully recovered from the trauma that decades of the apartheid regime had left on its people, the end of the apartheid formal legal system has allowed the country to begin to heal and move towards a government that works for all people, one that has openly embraced international human rights law and principles in its constitutional and legislative framework.

This is what a human rights system can do. When state governments and legal orders fail to protect people within their control, the international system can challenge the national order and demand it uphold a basic standard of good governance. Since the adoption of the Universal Declaration of Human Rights, the human rights system has grown, tackled new challenges, developed institutions for review and enforcement, and built a significant body of law. Numerous tools have been established to help states, groups, and individuals defend and protect human rights.

So why human rights? Because the human rights system has been a powerful force for good in this world, often the only recourse for marginalized and minority populations. We, as the global community, should work to identify shortcomings in the system, and work together to improve and fix them. We should not —  as the US has been doing under the current administration  — selectively withdraw, defund, and disparage one of the only tools available to the world’s most vulnerable peoples. The human rights system is an arena, a language, and a source of power to many around the world fighting for a worthwhile future built on our shared human values.

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An Introduction to Human Rights

Human rights are a set of principles concerned with equality and fairness.

They are not a recent invention - ideas about rights and responsibilities have been an important part of all societies throughout history. Since the end of World War II, there has been a united effort by the nations of the world to decide what rights belong to all people and how they can best be promoted and protected.

Explore the sections below to find information about the important human rights questions:

• What are human rights?

Where do human rights come from?

Why are human rights important,  what are human rights.

Every person has dignity and value. One of the ways that we recognise the fundamental worth of every person is by acknowledging and respecting their human rights.

Human rights are a set of principles concerned with equality and fairness. They recognise our freedom to make choices about our lives and to develop our potential as human beings. They are about living a life free from fear, harassment or discrimination.

Human rights can broadly be defined as a number of basic rights that people from around the world have agreed are essential. These include the right to life, the right to a fair trial, freedom from torture and other cruel and inhuman treatment, freedom of speech, freedom of religion, and the rights to health, education and an adequate standard of living.

These human rights are the same for all people everywhere – men and women, young and old, rich and poor, regardless of our background, where we live, what we think or what we believe. This is what makes human rights ‘universal’.

Who has a responsibility to protect human rights?

Human rights connect us to each other through a shared set of rights and responsibilities.

A person’s ability to enjoy their human rights depends on other people respecting those rights. This means that human rights involve responsibility and duties towards other people and the community. Individuals have a responsibility to ensure that they exercise their rights with consideration for the rights of others. For example, when someone uses their right to freedom of speech, they should do so without interfering with someone else’s right to privacy.

Governments have a particular responsibility to ensure that people are able to enjoy their rights. They are required to establish and maintain laws and services that enable people to enjoy a life in which their rights are respected and protected.

For example, the right to education says that everyone is entitled to a good education. This means that governments have an obligation to provide good quality education facilities and services to their people. Whether or not governments actually do this, it is generally accepted that this is the government's responsibility and people can call them to account if they fail to respect or protect their basic human rights.

What do human rights cover?

Human rights cover virtually every area of human activity.

They include civil and political rights , which refer to a person’s rights to take part in the civil and political life of their community without discrimination or oppression. These include rights and freedoms such as the right to vote, the right to privacy, freedom of speech and freedom from torture.

The right to vote and take part in choosing a government is a civil and political right.

They also include economic, social and cultural rights , which relate to a person’s rights to prosper and grow and to take part in social and cultural activities. This group includes rights such as the right to health, the right to education and the right to work.

The right to education is an example of an economic, social and cultural right.

One of the main differences between these two groups of rights is that, in the case of civil and political rights, governments must make sure that they, or any other group, are not denying people access to their rights, whereas in relation to economic, social and cultural rights, governments must take active steps to ensure rights are being fulfilled. 

As well as belonging to every individual, there are some rights that also belong to groups of people. This is often in recognition of the fact that these groups have been disadvantaged and marginalised throughout history and consequently need greater protection of their rights. These rights are called collective rights . For example, Aboriginal and Torres Strait Islander peoples possess collective rights to their ancestral lands, which are known as native title rights. 

Rights that can only apply to individuals, for example the right to a fair trial, are called individual rights .

Back to the top

The origins of human rights

 Click here for a brief timeline of the evolution of human rights

Human rights are not a recent invention.

Throughout history, concepts of ethical behaviour, justice and human dignity have been important in the development of human societies. These ideas can be traced back to the ancient civilisations of Babylon, China and India. They contributed to the laws of Greek and Roman society and are central to Buddhist, Christian, Confucian, Hindu, Islamic and Jewish teachings. Concepts of ethics, justice and dignity were also important in societies which have not left written records, but consist of oral histories such as those of Aboriginal and Torres Strait Islander people in Australia and other indigenous societies elsewhere. 

Ideas about justice were prominent in the thinking of philosophers in the Middle Ages, the Renaissance and the Enlightenment. An important strand in this thinking was that there was a 'natural law' that stood above the law of rulers. This meant that individuals had certain rights simply because they were human beings.

In 1215, the English barons forced the King of England to sign Magna Carta (which is Latin for ‘the Great Charter’). Magna Carta was the first document to place limits on the absolute power of the king and make him accountable to his subjects. It also laid out some basic rights for the protection of citizens, such as the right to a trial.

Significant development in thinking about human rights took place in the seventeenth and eighteenth centuries, during a time of revolution and emerging national identities. 

The American Declaration of Independence (1776) was based on the understanding that certain rights, such as ‘life, liberty and the pursuit of happiness', were fundamental to all people. Similarly, t he French Declaration of the Rights of Man and the Citizen (1789) challenged the authority of the aristocracy and recognised the ‘liberty, equality and fraternity' of individuals. These values were also echoed in the United States’ Bill of Rights (1791), which recognised freedom of speech, religion and the press, as well as the right to ‘peaceable' assembly, private property and a fair trial.

The English barons forcing the tyrannical King John to sign Magna Carta in 1215

Find out more about Magna Carta and its human rights legacy by watching this short video or exploring this interactive timeline . 

The development of modern human rights

The nineteenth and early twentieth centuries saw continuing advances in social progress, for example, in the abolition of slavery, the widespread provision of education and the extension of political rights. Despite these advances, international activity on human rights remained weak. The general attitude was that nations could do what they liked within their borders and that other countries and the broader international community had no basis for intervening or even raising concerns when rights were violated. 

This is expressed in the term ‘state sovereignty’, which refers to the idea that whoever has the political authority within a country has the power to rule and pass laws over that territory. Importantly, countries agree to mutually recognise this sovereignty. In doing so, they agree to refrain from interfering in the internal or external affairs of other sovereign states. 

However, the atrocities and human rights violations that occurred during World War II galvanised worldwide opinion and made human rights a universal concern. 

Word War II onwards

During World War II millions of soldiers and civilians were killed or maimed. The Nazi regime in Germany created concentration camps for certain groups - including Jews, communists, homosexuals and political opponents. Some of these people were used as slave labour, others were exterminated in mass executions. The Japanese occupation of China and other Asian countries was marked by frequent and large-scale brutality toward local populations. Japanese forces took thousands of prisoners of war who were used as slave labour, with no medical treatment and inadequate food.

A group of prisoners at a concentration camp during WWII in Ebensee, Austria

The promotion and protection of human rights became a fundamental objective of the Allied powers. In 1941, U.S. President Roosevelt proclaimed the 'Four Freedoms' that people everywhere in the world ought to enjoy - freedom of speech and belief, and freedom from want and fear. 

The war ended in 1945, but only after the destruction of millions of lives, including through the first and only use of atomic weapons at Hiroshima and Nagasaki. Many countries were devastated by the war, and millions of people died or became homeless refugees. 

This new organisation was the United Nations, known as the UN, which came into existence in 1945. A s the war drew to a close, the victorious powers decided to establish a world organisation that would prevent further conflict and help build a better world.

The UN was created to fulfil four key aims:

• to ensure peace and security
• to promote economic development
• t o promote the development of international law
• to ensure the observance of human rights.

In the UN Charter – the UN’s founding document – the countries of the United Nations stated that they were determined: 

The UN's strong emphasis on human rights made it different from previous international organisations. UN member countries believed that the protection of human rights would help ensure freedom, justice and peace for all in the future. 

Read more about the work of United Nations on The International Human Rights System page .

Values of tolerance, equality and respect can help reduce friction within society. Putting human rights ideas into practice can helps us create the kind of society we want to live in. 

In recent decades, there has been a tremendous growth in how we think about and apply human rights ideas. This has had many positive results - knowledge about human rights can empower individuals and offer solutions for specific problems. 

Human rights are an important part of how people interact with others at all levels in society - in the family, the community, schools, the workplace, in politics and in international relations. It is vital therefore that people everywhere should strive to understand what human rights are. When people better understand human rights, it is easier for them to promote justice and the well-being of society. 

Can my human rights be taken away from me?

A person's human rights cannot be taken away. In its final Article, the Universal Declaration of Human Rights states that no State, group or person '[has] any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein'. 

This doesn't mean that abuses and violations of human rights don't occur. On television and in newspapers every day we hear tragic stories of murder, violence, racism, hunger, unemployment, poverty, abuse, homelessness and discrimination. 

However, the Universal Declaration and other human rights treaties are more than just noble aspirations. They are essential legal principles. To meet their international human rights obligations, many nations have incorporated these principles into their own laws. This provides an opportunity for individuals to have a complaint settled by a court in their own country. 

Individuals from some countries may also be able to take a complaint of human rights violations to a United Nations committee of experts, which would then give its opinion. 

In addition, education about human rights is just as important as having laws to protect people. Long term progress can really only be made when people are aware of what human rights are and what standards exist.

Basic Human Rights Violation Definition Essay

Introduction, history of the human rights watch, the importance of human rights watch in human rights advocacy, works cited.

In almost all constitutions of the different countries in the world, there is always a chapter that provides for human rights. Human rights are the benefits that every human being should enjoy as he or she continues to live on earth. However, there are other countries and governments that have continued to violate the fundamental human rights of individuals.

In Africa for example the former president of Democratic Republic of Congo, the late Mobutu Sese Seko, was widely blamed by the international community for continued infringement of human rights. In Europe the late Slobodan Milosovic was also accused for not respecting the human rights accorded to the people of Yugoslavia by their constitution.

In the contemporary world there are a number of organizations that have come up with a sole responsibility of acting as campaigners and defenders of the human rights. One of these dedicated organizations is the Human Rights Watch.

According to Human Rights Watch (Par 1) this organization is a “nonprofit, nongovernmental human rights organization made up of more than 280 staff members around the globe. Its staff consists of human right professionals including country experts, lawyers, journalists, and academics of diverse backgrounds and nationalities. It is today one of the largest human rights organization in world”.

According to Welch (p 112), Human Rights Watch focuses on how the rights of every human being, regardless of the race, religion, and even tribe, can be respected. He points out that this organization has been working towards creating moral and legal grounds that will enhance change.

The organization has also strived to ensure justice and security to all people. Human Rights Watch also pressurizes various governments which do not allow political freedom to do so. They also ask such governments to be at the fore front in protecting the lives and the property of their people especially in the events of war.

The Human Rights Watch was formed in the year 1978 following the creation of the Helsinki Watch. The Helsinki Watch had been founded with the idea of helping and supporting the other human rights groups in the Soviet bloc in carrying out their duties. The main idea was to enable those groups keep a keen eye on the government compliance with the Helsinki Accords that had been assented to in 1975.

Since its inception, the Human Rights Watch has faced numerous challenges as well as achievements. For example, in 1997 the Human Rights Watch Organization won the coveted Nobel Prize for its active campaign against the use of land mines. The issue of terrorism has posed the greatest challenge in the operations of the Human Rights Watch. This is because it cannot play any significant role in ending of terrorism acts.

As earlier stated, the Human Rights Watch is non profit making organization that is aimed at assisting the vulnerable and the victims of human rights abuse. Welch (p 45) points out that when war between one country and another erupts or one community rises against another in a country, the most vulnerable group is the women and the children.

This is because women are at times raped by soldiers as they pursue other fighters like the rebels. As a result, the Human Rights Watch has to step in and ask the government to play its role and help end these kinds of atrocities upon her people. On the other hand, Human Rights Watch helps the people in understanding their fundamental human rights.

According to Soohoo (p 123), in an attempt to control the spiraling human population, a number of countries are fighting to control this by passing legislation to control the number of children a couple should have. Since this is a way of curtailing people freedom of choice, the Human Rights Watch is working hard to make sure these kinds of legislations do not see the light of the day.

In my opinion the Human Rights Watch has greatly managed to expand the room for human rights and intensified the war against their abuse. That is, in some countries where people were denied their freedom, Human Rights Watch and other organizations have helped in removing such regimes and replacing them with human rights sensitive governments.

This has been made possible by organizing seminars where people are enlightened of their rights and therefore able to make a decision that involves voting such governments out during the national elections.

Human Rights Watch has been very instrumental in helping people get what their governments have for years denied them. In the world today, every one of us, no matter where we are situated globally, should make sure that we become aware of our rights so that we can demand for it if it is denied. On the other hand the government should be aware that the people have the power and when it denies them their right, they will one day rise against it no matter the force the government may apply to stop them.

Human Rights Watch . Who We Are , 2010. Web.

Soohoo, Cynthia. Bringing Human Rights Home, Volume1. Westport: Praeger Publishers, 2008 .

Welch, Claude, Emerson . NGOs and human rights: promise and performance. Philadelphia: University of Pennsylvania, 2001.

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IvyPanda. (2018, October 12). Basic Human Rights Violation. https://ivypanda.com/essays/human-rights-4/

"Basic Human Rights Violation." IvyPanda , 12 Oct. 2018, ivypanda.com/essays/human-rights-4/.

IvyPanda . (2018) 'Basic Human Rights Violation'. 12 October.

IvyPanda . 2018. "Basic Human Rights Violation." October 12, 2018. https://ivypanda.com/essays/human-rights-4/.

1. IvyPanda . "Basic Human Rights Violation." October 12, 2018. https://ivypanda.com/essays/human-rights-4/.

Bibliography

IvyPanda . "Basic Human Rights Violation." October 12, 2018. https://ivypanda.com/essays/human-rights-4/.

What Are Human Rights Violations?

The Universal Declaration of Human Rights (UDHR) was established in response to the atrocities during WWII, including the Holocaust. The document 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 aren’t protected or blatantly disregarded, they are violated. What are the types of human rights violations? Who is responsible for preventing and addressing them?

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 state 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. The violation can be physically violent in nature, such as police brutality, while rights such as the right to a fair trial can also be violated, where no physical violence is involved.

The second type of violation – failure by the state to protect – occurs when there’s a conflict between individuals or groups within a society. If the state does nothing to intervene and protect vulnerable people and groups, it’s participating in the violations. In the United States, the state failed to protect black Americans when lynchings frequently occurred around the country. Since many of those responsible for the lynchings were also state actors (like the police), this is an example of both types of violations occurring at the same time.

Examples of human rights violations

We’ve mentioned a few examples of human rights violations, but there are many more. Civil, political, economic, cultural, and social rights can all be violated through various means. Though all the rights enshrined in the Universal Declaration of Human Rights and in the legally binding International Covenants of Human Rights ( ICCPR , CESCR ) are considered essential, there are certain types of violations we tend to consider more serious. Civil rights, which include the right to life, safety, and equality before the law are considered by many to be “first-generation” rights. Political rights, which include the right to a fair trial and the right to vote, also fall under this category.

Civil and political rights

Civil and political rights are violated through genocide, torture, and arbitrary arrest. These violations often happen during times of war, and when a human rights violation intersects with the breaking of laws about armed conflict, it’s known as a war crime.

Conflict can also trigger violations of the right to freedom of expression and the right of peaceful assembly. States are usually responsible for the violations as they attempt to maintain control and push down rebellious societal forces. Suppressing political rights is a common tactic for many governments during times of civil unrest.

Violations of civil and political human rights aren’t always linked to specific conflicts and can occur at any given time. Human trafficking is currently one of the largest issues on a global scale as millions of men, women, and children are forced into labor and sexual exploitation. Religious discrimination is also very common in many places around the world. These violations often occur because the state is failing to protect vulnerable groups.

Economic, social, and cultural rights

As described in the UDHR, economic, social, and cultural rights include the right to work, the right to education, and the right to physical and mental health. As is the case with all human rights, economic, social, and cultural rights can be violated by states and other actors. The United Nations Office of the High Commissioner for Human Rights gives a handful of examples of how these rights can be violated. They include:

• Contaminating water, for example, with waste from State-owned facilities (the right to health)
• Evicting people by force from their homes (the right to adequate housing)
• Denying services and information about health (the right to health)
• Discriminating at work based on traits like race, gender, and sexual orientation (The right to work)
• Failing to provide maternity leave (protection of and assistance to the family)
• Not paying a sufficient minimum wage (rights at work)
• Segregating students based on disabilities (the right to education)
• Forbidding the use of minority/indigenous languages (the right to participate in cultural life)

Who is ultimately responsible for ensuring human rights violations don’t happen?

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. 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.

This doesn’t mean that members of civil society don’t also have a responsibility to prevent human rights violations. Businesses and institutions must comply with discrimination laws and promote equality, while every individual should respect the rights of others. When governments are violating human rights either directly or indirectly, civil society should hold them accountable and speak out. The international community also has an obligation to monitor governments and their track records with human rights. Violations occur all the time, but they should always be called out.

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About the author, emmaline soken-huberty.

Emmaline Soken-Huberty is a freelance writer based in Portland, Oregon. She started to become interested in human rights while attending college, eventually getting a concentration in human rights and humanitarianism. LGBTQ+ rights, women’s rights, and climate change are of special concern to her. In her spare time, she can be found reading or enjoying Oregon’s natural beauty with her husband and dog.

Chapter 1: Women And Ethnic Conflicts

• May 26, 2024
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Introduction

This report seeks to understand the role of women in ethnic conflicts, and how the symbolic mobilisation of women by pervasive nationalist and patriarchal ideologies in the past and present make women and girls the targets of unspeakable cruelty in wartime. As will be explained in section one, nationalism and group identities are intertwined with reproductive politics. Women often become willing or reluctant symbols of their nationality or ethnic group, which puts them in a highly vulnerable position upon the outbreak of wars. Sections two and three will then explore how women since time immemorial have been subject to horrific war crimes, due in part to their transformation into the personification of their respective nations. Moreover, and contrary to what many readers might expect, the final section demonstrates that, while women are typically regarded as seminal actors in conflict resolution and peace-building, the facts on the ground tell a very different story. Though women tend to be “rewarded” with voting rights and greater political participation in post-war societies for their sacrifice (either on the home front or battlefront) they are often excluded from the peace-making process.

Section 1: Gender and nationality

Though women are often marginalised politically, the symbolic significance of women is essential to the survival of states and nations. Without an understanding of how nationalism has transformed gender roles in shaping the modern state, it is difficult to grasp why traditionally male-dominated wars frequently target female civilians. In 1989, sociologists Nira Yuval-Davis and Floya Anthias (1989）edited a collection of essays entitled Woman-Nation-State. In the preface, one author explains that the entry of women into the national sphere, as cultural and biological transmitters of national values, redefined the content and boundaries of nations and ethnicities.

1.1: Constructivism and Nationalism

Constructivism is a theory born during the second wave of feminism after the 1970s. The concept of “gender” in constructivism established a connection between patriarchy and emphasised the human experience behind the universal injustice endured by women. Constructivism can also help us understand how nationalist and patriarchal ideologies shape or “construct” the role of women in societies. For example, scholars such as Partha Chatterjee (1996) argue that nationalism is a project in which the hierarchies of gender, race, class and caste are entrenched. Nationalist discourse “constructs” women and men differently, placing them in different positions. Women are portrayed as symbols, producers, and nurturers of the nation, while men are protectors, warriors, and builders of the nation. These two roles are different but closely linked. In fact, the social construction of gender has been ongoing since the birth of nationalism. In Europe, almost all nations chose an allegorical woman as the symbol of their country, such as the “Netherlands virgin” in the Netherlands, “Germania” in Germany, “Marianne” in France, and “Britannia” in the United Kingdom. These female idols often embodied qualities like chastity or a willingness to sacrifice themselves for the greater good of society, which reflected idealized moral standards of “good” wives and “good” mothers. Historian George Mosse (1985) argued that nationalist discourse began to use female symbols to represent the nation-state in the early 19th century, to create a personified national image that could unite people, irrespective of their class or interests.

Mosse (1994) also added that nationalism involves the process of distinguishing who is and who isn’t a member of a nation. A common ancestry, destiny, and shared national values became the criteria for national identity. For example, Jewish communities see you as Jewish if your mother is of Jewish descent, which highlights the significance of women in the inheritance of national identity. This symbolic importance of women in nationalist discourse leaves them especially vulnerable to attack, as noted by historian Theresa Wobbe (1993). Similarly, legal scholars like Hilary Charlesworth and Christine Chinkin (2022) argue that the construction of gender and gender roles in patriarchal societies, combined with the economic and social subordination of women, means that women often suffer more during and after conflicts.

Differences between women and men in nationalist imaginaries are also reflected in the social division of labor. Important issues concerning national development and security are frequently decided by men in the public sphere, while women are often restricted to the non-public sphere, such as the home, and have almost no political participation and decision-making rights. Women often have little choice but to take care of their families, assist men, give birth, and raise the next generation (gender norms that are especially prevalent in traditional societies). In fact, even in non-public arenas such as the home, men often become the dominant figure, and a woman’s status in the private sphere hinges on her fertility and ability to give birth to male children. Though men are usually dominant in society and in the family, women are not passive victims. Various factors, such as giving birth to male heirs and ageing, may grant women a degree of autonomy and social capital.

1.2: The influence of nationalist discourses on women

Nationalist discourse constructs and defines a women’s role in society, a process that has two major consequences: on the one hand, nationalist discourse transforms women into symbols of their respective states and cultures, which turns women into objects that need to be protected and excludes them from participation in the public sphere. On the other hand, the symbolic role of women in nationalist discourses leaves them exposed to extreme violence during conflict. In addition, the gendered construction of women by nationalist discourses also severely limits a woman’s ability to independently obtain and control resources, thus further weakening her bargaining power on some key issues.

Section 2: The influence of ethnic conflict on women

The impact of ethnic conflicts on women is significant: ethnic conflicts may provide opportunities for women to empower themselves, but in the vast majority of cases, wars leave women, the living embodiments of their “mother” lands, exposed to all kinds of barbaric behaviour.

2.1: Women as victims of ethnic conflict

Women are overwhelmingly likely to bear the most devastating consequences of ethnic conflict, such as the disintegration of social order and extreme violence. During the partition of India and Pakistan in 1947, tens of thousands of women were expelled from their homes, abducted, endured religious conversions, and were even forced into marriage. Conservative estimates put the number of victims between 25,000 to 29,000 Hindu and Sikh women and 2,000 to 15,000 Muslim women. Countless women were raped, stripped naked, paraded through city streets, had their breasts slashed, and had religious symbols carved into their bodies. Indian and Pakistani states saw women within their newly defined borders as little more than property and demanded the return of women who married each other’s nationals, regardless of whether the women had children or not. This ethnic conflict also prompted relatives to murder women in their own families, either in the name of “martyrdom” or to “protect” them from forced conversions. Many women even committed suicide.

Since the beginning of the Syrian Civil War in 2011, Syrian women have been targeted by all parties in the conflict. They have been arbitrarily attacked by opposition groups, abducted and massacred by terrorists, arrested and harassed by government forces or their militias, and some have been forcibly detained as spies and subjected to various forms of torture in detention centres, including sexual violence. Violent extremist groups often take advantage of ethnic conflicts to capture and traffic women. In some areas, women and girls even serve as currency on the black market.

2.2: The strengthening of women’s subordination

Ethnic conflict may exacerbate gender inequality by reinforcing women’s subordinate social status. Combatants often see women as a resource to be pillaged or destroyed. For some minority women, discrimination based on gender, ethnicity, religion, sexual orientation, class, or age is particularly acute during ethnic conflicts. Though some armed groups do recruit women, a preference for male recruits is often the norm, which further reinforces the subordination of women. According to a United Nations (UN) survey, domestic violence against women rises disproportionately during armed conflicts. Floya Anthias (1989) shows that the plight of women in conflict-ridden societies rejuvenates nationalism and patriarchal norms.

Section 3: Sexual violence in ethnic conflicts

In the ethnic conflicts of the 20th century, violence against civilian women was commonplace, in the form of violence, sexual violence, sexual mutilation, sexual slavery, torture, and killing by military organisations, paramilitary outfits, and some civilians. Sexual violence against women was endemic, from Bangladesh to the former Yugoslavia, Vietnam to Mozambique, and Afghanistan to Somalia. Approximately 200,000 Korean women were sex slaves or “comfort women” for the Japanese military during World War II. Journalist and feminist Susan Brownmiller was one of the first scholars to document wartime rape. It is worth noting that in nation-state wars and ethnic conflicts, the methods and strategies of sexual violence are often different, but the consequences are very similar. The mass rapes that took place during the Bosnian conflict (1992-1995) brought widespread international attention to wartime rape for the first time. American feminist Beverly Allen (1996), who conducted anthropological research on rape survivors in Bosnia and Herzegovina in the mid-1990s, coined the term “genocidal rape” to distinguish between rape in war and rape as a method of genocide. A considerable volume of writing about wartime sexual violence was published in the wake of conflicts in Bosnia/Herzegovina and Rwanda.

The International Criminal Tribunal for Rwanda (ICTR) ‘s first case was that of Akayesu, the former mayor of Taba, Rwanda, who was accused of masterminding heinous incidents. In September 1998, Akayesu was found guilty of rape, in addition to genocide, crimes against humanity, and war crimes in a judgement that marked the first time the International Court of Justice (ICJ) punished sexual violence in a civil war. The judges also concluded that “rape” involved not only sexual contact but also “sexual assault of a person under compulsion.” However, it is also worth noting that while women are overwhelmingly the main victims of wartime sexual violence, they can also perpetrators. At the ICTR, a woman named Nyiramasuko was found guilty of inciting her son to commit sexual violence against Tutsi women.

The condemnation of wartime sexual violence in the Rwandan military tribunals was historic, particularly the Akayesu verdict, because it set a precedent for the prosecution and punishment of wartime sexual violence and established a link between sexual violence and genocide during ethnic conflicts.

3.1: Theoretical explanations of wartime sexual violence

Historically, rape has been indissociable from violent conflict, and the practice of raping women in war has been recorded since the time of ancient Greece. In her book, historian Susan Miller (2005) makes the case that rape in wartime is as old as war itself. In academic works, news articles, and related reports, sexual violence during ethnic conflicts has gained detraction and attention, but serious analysis is lacking

Feminist theory holds that wartime rape is an expression of power by dominant men over dominated women and has little to do with sexual gratification. Journalist Susan Brownmiller (1977) expressed this view in her work, arguing that wartime rape is not a sexual act, but an act of aggression (that is, rape does not have a sexual function in the perpetrator’s mind). In inter-ethnic strife, the female body becomes a metaphor for the nation and the state, female sexual behaviour becomes inextricably tied to patriotism and nationalism, and sexual violence becomes an expression of power. While not all feminists agree that wartime rape is only about power, it is widely acknowledged that wartime rape is a way to express a man’s dominance over women in a manner that humiliates the victim. Some feminists (2018) argue that sexual violence and rape during conflict reflect the dominant position of men and the subordinate position of women. It is a physical manifestation of the objectification of women.

There are many explanations for wartime sexual violence in the field of cultural pathology, and one of the more representative cultural pathology theories is that misogynistic military environments are more likely to lead to wartime rape. The partition of East Pakistan, the war against Serbia in Bosnia and Herzegovina, Croatia and Kosovo, and the civil war in Rwanda demonstrate, on the one hand, that rape can be a means of genocide, and on the other hand it can be an expression of cultural pathology. Genocidal rapes occur mainly among ethnic groups that strongly stigmatise rape survivors rather than rapists. Another theory in cultural pathology holds that the effectiveness of rape as a combat strategy in armed conflict depends largely on the cultural norms regarding female sexual virtue in societies where the victim lives. The destructive nature of sexual violence is that it exploits deeply ingrained gender norms in certain societies and cultures (Weitsman, 2008, pp. 561-578). It is for this reason that victims of sexual violence, both men and women, are often stigmatised and many are unable to return to their homes or families.

Conversely, bio-social theories argue that sexual gratification is the main motive for committing wartime rapes, given that conflicts create permissive environments that allow sexual violence to go unchallenged and unpunished. Political scientist Janine Clark, based on multiple interviews with survivors in Bosnia and Herzegovina between 2014 and 2015, identified five factors that contributed to the prevalence of sexual violence in the Bosnian conflict: revenge, humiliation, opportunism, group dynamics, and entitlement (Clark et al., 2017). In ethnic conflicts, differences in ethnic identity play an important part in which “rape strategies” perpetrators decide to deploy. In areas where ethnic identity derives from matrilineal descent, wartime rape may intend to destroy the fertility of the enemy’s ethnic group. In areas where ethnic identity is derived solely from the paternal line, the use of interracial women as “breeders” to produce native babies can be a motive for rape, which increases fertility and creates more native populations. In Rwanda, Hutu extremists set out to humiliate Tutsis by damaging the fertility of Tutsi women. During the Bosnian conflict, Serbs repeatedly raped interethnic women as a way to increase the number of Serbs if these women became pregnant and gave birth. In countries or regions where abortion is illegal, rape is often more effective in suppressing reproductive desires and lowering the birth rate of hostile ethnic groups.

3.2: The nature of sexual violence in wartime

Rape is not the only form of sexual violence in wartime. Horrifying acts like mutilations, torture, gang rape, and sexual slavery are not uncommon. As lawyer Kirthi Jayakumar (2013) explains, sexual violence is more widespread in wartime than in peace time. In peacetime, rape cases tend to be scattered and separate incidents. In wartime, when women’s individual bodies are transformed into “social bodies”, rape is far more extensive and is often pursued as a policy of domination.

Acts of sexual violence involve multiple violations of the body, mind, and dignity of the victim, and the rape of women of a rival ethnic group is a means of subjugating the other ethnic group. Political scientist Lisa Sharlach (2001) argues that state involvement in genocidal rape is an incremental process, going from acceptance to encouragement, to institutionalisation, and finally to instrumentalisation, thus making genocidal rape a tactic in the service of strategic war objectives. Rape committed in the context of war cannot be seen as a “senseless act of violence”. Rather, it is a deliberate act designed to enhance a sense of power and to encourage a perverse “connection” between the perpetrators. Rape and other forms of sexual torture may also damage the reproductive capacity of women, thereby destroying the reproductive base of enemy peoples. There are similarities between the Bosnian and Rwandan conflicts in this regard: acts of coercion were carefully designed, systematically carried out, and collectively used to destroy the reproductive capacity of a rival ethnic group.

Journalist Elizabeth Neuffer (2005) mentioned that rape in wartime is not just about having sex, but also about owning other people’s property. Once the goal is to acquire the “property” of a hostile ethnic group, the perpetrator uses sexual violence as a tool to insult the race of his victim. Conflicts in Africa have seen the practice of sending men with AIDS to sexually assault women from rival ethnic groups as a strategic escalation of sexual violence. In addition, rape in war can be used to control territory, stigmatise civilians, and expel hostile ethnic groups from specific areas to maintain ethnic domination. Wartime rape is also sometimes seen as a means to increase group cohesion (Goldstein, 2003).

European colonists (2003) found that some white women viewed gender relations in indigenous societies as a model of gender equality, because they did not encounter harassment from Indian male captives after fighting with indigenous peoples. In 1779, when he was sent to destroy the Iroquois Nation (a Native American tribe), Brigadier General James Glinton of Gauntington told his soldiers (2003) that as bad as the “barbarians” were, they never violated the chastity of women or their prisoners. Sexual violence, however, was later used by European colonists against Native Americans to force them into submission.

3.3: The impact of wartime sexual violence

The horrendous effects of wartime rape are not only felt during war; they linger long after conflicts are over. Widespread rape in ethnic conflicts causes massive physical and psychological trauma, and the symptoms and extent of that trauma vary from person to person and from culture to culture. Radhika Coomaraswamy, the UN Special Rapporteur on violence against women (2000) describes the most common psychological ramifications of rape: trauma, sexual apathy, promiscuity, substance abuse, depression, psychosomatic diseases, anger, and self-loathing.

Wartime rape not only impacts individual victims, but also affects the group in which they belong, leaving long-lasting scars. In some social and cultural contexts, where a woman’s virginity is a matter of honour for the whole family, women who experience sexual violence not only receive no sympathy, but may also be humiliated, exiled, or even killed by members of their own ethnic group, be they male or female. In some sexually conservative areas, the humiliation and persecution of survivors of sexual violence is no less damaging than the act of sexual violence itself. In 1947, during the partition of India and Pakistan, some 75,000 Bangladeshi women were abducted and raped by government forces. After the war ended, tens of thousands of rape victims were driven out of their homes by their husbands and languished in refugee camps. In 1971, during the war of partition between Bangladesh and Pakistan, more than 200,000 Bangladeshi women were forcibly raped by the Pakistani army, and tens of thousands of Indian women were subjected to “honour killings” after the war. From this perspective, the price women bear in ethnic conflicts is very high.

The Fourth Hague Convention of 1907 defines wartime rape as a violation of the “honour and rights” of the victim’s family, rather than a violation of individual rights. In patriarchal societies, women’s identities are subordinate to fathers, husbands, brothers, and sons, and virginity is the standard for judging women’s “purity” and a source of identity for unmarried women. Therefore, rape becomes a particularly sadistic form of torture, directly destroying the social relations of its victims.

Section 4: The role and decision-making of women in ethnic conflicts

There are generally four types of decisions women make in response to conflict: they (1) do nothing, despite a desire to (2) participate in political activities to help resolve conflicts, (3) participate in a conflict as a perpetrator of violence, or (4) try to avoid the conflict all together. From a gender perspective, both violence and conflict can be seen as gendered activities. Women and men participate as perpetrators and victims, and experiences vary greatly. To understand the nature of gender, power, and ethnic relations in violent nationalist conflicts, it is necessary to go beyond narrow understandings of women as victims in conflicts.

4.1: Conflict as a chance to change the status quo

In the modern world, the impact of war and conflict on men and women is uneven. As peace studies scholar Donna Pankhurst (2000) points out, in some cases, conflict may present an opportunity for women to be liberated from archaic social orders. As more and more civilians take up arms in contemporary ethnic conflicts, women’s participation in violence challenges stereotypes of women as caregivers, reconciliators, and nurturers, especially in traditional societies. In some cases, war and conflict enable women to acquire new identities. In World War II, while men were drafted into the army, women were given opportunities to work in industrial enterprises and acquired complex vocational skills. After World War II, professional women emerged in many countries (Pankhurst, 2012).

Sociologist Marie Berry, in her study on violence and mobilisation in Rwanda (2015) even found that the threat posed by genocide and civil war triggered grassroots mobilisation among women. In Mozambique, where women joined FRELIMO (Liberation Front of Mozambique) as organisers and fighters, the status of women in society improved significantly after the war. In Nepal, women joined Maoist guerrillas to fight against caste and gender discrimination. In the Karen lowlands of eastern Myanmar, a territory riddled with civil conflict, more and more villages are appointing women as chiefs because male leaders are more likely to be targeted for extermination by the Myanmar military.

4.2: Reorgani s ation of the political space

Women’s participation in wars and violent conflicts often increases their political clout and raises their expectations. Many commentators observe that in times of social crisis, there is often more “space” to bring about fundamental changes in gender relations. For example, after left-wing parties come to power after ethnic conflicts, they may embrace the idea of women’s liberation and implement policies that promote gender equality, prioritise women’s affairs, and strive to improve the status of women. Numerous countries introduced gender quotas to improve the representation of women. In post-war Rwanda, Uganda, and Namibia, for example, governments guaranteed women’s participation in parliamentary systems via reserved seats or quotas.

4.3: Women and Peace-building

However, persistent stereotypes exclude women from peace talks and peace-building in post-conflict areas. While men’s participation in war creates opportunities for women to carry out activities outside the constraints of traditional gender norms, women are often not a part of the peacemaking process. In post-World War II Poland, to take one example, women were restricted from entering the Polish legislature and the newly formed government (Geisler, 1995). Data collected by UNWomen and the Council on Foreign Relations clearly shows that in every major peace processes between 1992 and 2017, women made up barely 3% of mediators, 3% of witnesses and signatories, and 9% of negotiators. In 1995, there were no women among the negotiators, mediators, and signatories of the Dayton Agreement, which was part of the peace building process in Bosnia-Herzegovina. Even when wars are waged in the name of saving women, women are often deliberately excluded from peace talks. Washington’s invasion of Afghanistan in 2001 was originally launched in the name of saving Afghan women from medieval tyrannies, but since a preliminary agreement between the United States and the Taliban government in 2019, Afghan women representatives were completely excluded from all peace talks. The absence of women from peace talks often leads to the absence of discussion or debate about key societal issues in the post-war reconstruction process. Therefore, many women are forced back into oppressive, subordinate roles that were the norm before the war. In some cases, women’s rights regress significantly after a conflict, as seen in Iraq or Iran.

Women’s representation in peace-making continues to plummet worldwide as the number of women who join armed groups and regular armies continues to increase with each passing year. The UN reports that women’s representation in UN-led peace processes stood at barely 16% in 2022, “a further drop compared to 19 per cent in 2021 and 23 per cent in 2020”. This report demonstrated that this alarming trend is most apparent in ethnic conflicts. Nationalist discourse tends to mobilise women’s bodies. As a result, women’s involvement in ethnic conflicts has been steadily growing over the past two decades. Tragically, some women might even consider participation in warfare as the only way of gaining parity, respect, and equal standing with men in post- war societies. But most importantly, this report shows that nationalist propaganda leaves women and girls exposed to abhorrent crimes in wartime. A world where women and men are fully equal will not come about through the barrel of a gun. It is up to us all to abandon sexist and deeply cynical nationalist discourses that threaten to push everyone into the abyss.

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Charlesworth, H. and Chinkin, C. (2022). The boundaries of international law . Manchester University Press.

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Geisler, G.G. and Nordiska Afrikainstitutet (2004). Women and the remaking of politics in Southern Africa : negotiating autonomy, incorporation, and representation . Uppsala: Nordiska Afrikainstitutet.

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Goldstein, J.S. (2001). War and Gender : How Gender Shapes the War System and Vice Versa . Cambridge: Cambridge University Press.

Gopal Balakrishnan, Richard, B. and Verso (2012). Mapping the nation . London ; New York: Verso.

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Janine Natalya Clark (2017). Rape, Sexual Violence and Transitional Justice Challenges . Routledge.

Jayakumar, Kirthi (2013). “Sexual violence as a peacetime-wartime continuum”. Peace Insight . Available at: https://www.peaceinsight.org/en/articles/sexual-violence-as-a-peacetime-wartime-continuum/?location=&theme=women-peace-security  (Accessed 12 May 2024)

Lisa Boswell Sharlach (2001). Sexual Violence as Political Terror .

Miller, S.L. (2005). Victims as Offenders . Rutgers University Press.

Neuffer, E. (2003). The key to my neighbour’s house : seeking justice in Bosnia and Rwanda . London: Bloomsbury.

Nira Yuval-Davis, Campling, J. and Floya Anthias (1989a). Woman, nation, state . Houndmills, Basingstoke, Hampshire: Palgrave Macmillan.

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Pankhurst, D. and United Nations Research Institute For Social Development (2008). Gendered peace : women’s struggles for post-war justice and reconciliation . New York: Routledge.

Peters, J.S. and Wolper, A. (2018). Women’s Rights, Human Rights . Routledge.

Sharoni, S. (1995). Gender and the Israeli-Palestinian Conflict . Syracuse University Press.

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Human Rights: A Brief Introduction

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