Human Rights Violations in India, Brazil, and Mexico: A comparative study and their enforceability


Human Rights Violations in India, Brazil, and Mexico: A comparative study and their enforceability  


Written By: Ashi Singhal

BBA LLB (Hons.)

IMS Unison University

 

Edited By: Muskan Prasad

3RD Year, B.A.LLB(HONS)

Amity Law School, Noida

 

Introduction

Human right is an envelope that contains wide horizon topics ranging from a child in a womb to a body on a bier. The definition of Human Rights has no parameter in itself. Anything which is hampering a basic need or not even a need, just hampering a human being can come under Human Rights Violations. Be it in the form of road safety or a brutal crime like rape or murder.

According to United Nations, Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery, and torture, freedom of opinion and expression, the right to work and education, and many more.

Hence, the UN itself guarantees every element which is mandatory for the valid existence of an individual.

Truly, enforcing Human Rights in any country is not a task of a single hand. Therefore, with a glimpse of enforcing Human Rights, the comparative analyses give a keen knowledge of human rights violations and enforceability in top countries like India, Brazil, and Mexico.

Human Rights in India, Brazil, and Mexico

Precisely, it is not an easy task to protect Human Rights in leading nations like, India is the most populous country, Brazil is the 5th largest country, and Mexico is the 10th most populous country with rich culture and incredible cuisine.

Each of these countries promises various human rights to the people. Likewise, the right to life and personal liberty, right to education, right to security, right to raise voice against any torture or mistreatment, and many more.

Writing down all the laws and enforcing them successfully in their true sense are two different parts of a thread. Likewise, the government of each country as well as the UN promises these rights to the people which curtails human rights violations, but what about their true enforceability?

Furthermore, let's look at the prevailing status of Human Rights in these countries.

Freedom of Speech and Expression

India

The Constitution of India guarantees Freedom of Speech and Expression under Article 19. On the other hand, the Internet shutdown, and the conviction of prominent Journalists and lawyers are the leading scenarios that happen daily.

Particularly in June 2022, Rajasthan had a 2-day internet shutdown because a Hindu tailor got murdered brutally. In August 2020, SC convicted advocate Prashant Bhushan for contempt of Court because he tweeted about CJI.

Brazil

The Constitution of Brazil guarantees Freedom of Speech under Article 5 of the Constitution of Brazil. On the other hand, President Bolsonaro routinely keeps commenting on the working of media, structuring down various provisions and whatnot.

Last year in 2021, after prison sentences against at least 17 critics got pursued, a quote comes into the limelight, I.e., "Criticizing the President can lead to Persecution". Also, an NGO, Reporters without Borders, reported that The President insulted and harassed media and individual reporters 87 times.

Mexico

The Mexican Constitution guarantees freedom of speech and expression under Articles 6 and 7. On the other hand, Mexico is one of the most dangerous countries for reporters and journalists, similar to the level of Syria and Afghanistan where most reporters and journalists got killed.

In 2022, Journalists got 692 threats and attacks or other forms of aggression, as per, the committee to protect journalists and Reporters without Borders. Senior officials tragically fail to investigate the reason behind the killing of Journalists and Reporters.



Sexual Orientation and Identity of Gender

India

Back in 2018, Article 377 got decriminalized and now people belonging to different gender identities can stay together, can have physical relationships. Contradictorily, there is no law in India that deals with Gay Marriages or Adoption by Gay Parents.

Though many are accepting LGBTQIA+ still many are there who look at them as untouchables. In rural areas, it is considered to be a disease due to a lack of awareness. Many cases are there where people weren't able to come up with their sexual orientation because of the taboo created by us.

Brazil

From 16th May 2013, Brazil's government gave equal status to homosexuals as heterosexuals. Also, gay rights in Brazil are the most advanced in the world.

But, on the other hand, the community is still finding it difficult to sustain themselves because of some individuals indulging in heinous activities towards homosexuals. In September 2022, over 150 Transgender people were killed because of who they are. Hatred for homosexuals is a routine activity found there.

Mexico

As per the world report, 20 out of 32 states in Mexico have legalized gay marriage or same-sex marriage. On the other hand, same-sex couples should have filed a petition for an injunction to be allowed same-sex marriage.

Also, it is interesting to know that, Mexico is a country rich in culture, also offers some gay-friendly beaches for travelers across the country and now, transgender people can change their gender and name in Mexico City including two other states.



Women and Child Rights

India

Indian legislation has very flexible laws in terms of validating the crime. Heinous crimes like rape, outraging female modesty, and domestic violence has severe punishments written under the Indian Penal Code. Also, there is a unique law I.e., POCSO, adopted for crime against children.

But, what about the increasing crime rate we are experiencing nowadays? Or I should say, the awareness has increased among people to report crimes. Earlier, crimes like Rape, Eve Teasing, didn't come out to be known, family used to suppress the crime in the name of reputation. The criminals were getting graver and the victims were getting more depressed.

Recently, in Madhya Pradesh, a 16-year-old girl was gang raped by 8 men. Afterwards, all her flesh has taken out and the bones were left in the jungle so that it depicted that any wild animal ate her. But the reality is that she was brutally eaten by human beings which should be called no less than animals. Can anyone imagine the gravity of the crime? Also, the police officials denied filing an FIR because of incomplete shreds of evidence.

Brazil

Isn't it ironic to know that the country with the most flexible LGBTQIA+ laws has very inadequately protected women and child rights and a home for domestic violence and femicide?

If we talk about abortion, it is only legal in the case of rape, to save a woman's life, and in the condition of anencephaly. During the pandemic, over 1 million cases were reported of domestic violence and 5,100 cases of femicide, as per the Human Rights Watch Report.

Mexico

The country rich in heritage, tourism, culture, and diversity, has very much insensitive laws related to women and children. Though crimes like Chastity have severe punishments.

But, on the other hand, in 2020, Brazil experienced nearly 1,000 femicides, because of gender. Many female rights activists reported that femicide is a very much under-reported issue in Brazil. Girl children and women continue to face gender-based violence in Brazil. Also, Brazil allows abortion to be legal in all the states but people there didn't find it very much easier when it comes to cases of rape.

Hence, mere enactment of laws is not necessary for their fruitful implementation. A country with a healthy human rights system should adopt stringent provisions for the implementation of laws as well.

Suggestions for the protection of Human Rights in India

·   A separate ministry should be made by the government for the protection of Human Rights which deals with funds required, checking of corruption at women's helpline cells, and whether the cells created are working.

·   There should be a different tribunal that deals with human rights violation issues for speedy decisions.

·   The growth of NGOs and Civil Societies that are working for better causes should come into the mainstream and government should have smooth laws for them.

·   As, CM Yogi Adityanath established Pink Booths in UP for female covid 19 vaccinations, similarly, different police stations only for females should be created approximately 1 having jurisdiction of at least 5-10 villages which should have female police officers so that reporting of crime against women got much flexible.

·   Issues should be undertaken from the root level by educating the people about their actual human rights and when their rights are getting violated.

 


Conclusion

In the whole report, it has been observed that, when it comes to the enactment of laws, every country is at excellence. But when it comes to the actual recovery at root levels, the data is shocking to know.

Countries like Finland have very sorted Human Rights status because everything is actually respected and treated equally there. There is no discrimination based on race, gender, identity, caste, or income there. Freedom of speech, religion, and association are treated as an important and equal right there. Unlike these countries with double standards.

The Finnish PM, Sanna Marin, also quotes, "Equality would not happen by itself, we need laws and we need structures that lead the way to gender equality".

Therefore, the mindset, structure, and phenomena of the leaders of these developed countries made them stand at the highest positions on Human Development Index.

References

Human Rights | United Nations

Rajasthan Internet Shutdown Today: Tailor murder: Prohibitory orders imposed, mobile internet suspended across Rajasthan - The Economic Times (indiatimes.com)

World Report 2021: Brazil | Human Rights Watch (hrw.org)

World Report 2022: Mexico | Human Rights Watch (hrw.org)

Equality won't happen by itself, says Finnish PM | Reuters

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