Human Rights Protections: Comparing Constitutional Guarantees for Human Rights across Nations

  • Ayush Bhardwaj and Amita Pawar
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  • Ayush Bhardwaj

    Advocate at Bhardwaj and Associates, New Delhi, India

  • Amita Pawar

    Paralegal at Bhardwaj and Associates, India

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Abstract

Human rights are the fundamental rights and freedoms that belong to every person, regardless of their nationality, ethnicity, religion, gender, or any other status. Numerous legal documents, including national constitutions, international treaties, and laws, recognise and defend human rights. However, depending on how their constitutional protections are interpreted and put into practice, different countries have different levels of protection for human rights. Using the Universal Declaration of Human Rights as a common foundation, this paper compares and contrasts the constitutional safeguards for human rights in various countries. The paper will look at how various constitutions include, define, and restrict human rights as well as how they set up procedures for enforcing them and offering redress when they are violated. Additionally, the paper will analyse the prospects and difficulties of strengthening the protection of human rights through judicial review and constitutional amendment. The United States, the United Kingdom, Germany, and South Africa are just a few of the nations and legal systems from which the paper will provide instances. The final section of the paper will include some suggestions for strengthening the protection of human rights in constitutional theory and practice.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 787 - 804

DOI: https://doij.org/10.10000/IJLMH.116793

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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