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