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Is it a human rights violation and not enforcing the law

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  1. Introduction
  2. The enforcement of international human rights
  3. The Vienna declaration
  4. Prosecuting human rights violation
  5. Russia after the Soviet era: Economic conditions and human trafficking
  6. Definition of trafficking
  7. Organized crime in Russia
  8. The republic of Ingushetia
  9. The Global Program Against Trafficking in Human Beings (GPAT)
  10. Russia's anti-trafficking domestic law
  11. The human rights framework of human trafficking
  12. UNDP's official stance on balancing country
  13. The example of Russian human trafficking
  14. The UNDP policy document's definition of governance
  15. Myriad of problems in the Russian government
  16. Conclusion
  17. References

In Deshaney v. Winnebago County Department of Social Services, the U.S. Supreme Court held that a U.S. state's failure to protect an individual against private violence generally does not constitute a violation of the Fourteenth Amendment's Due Process Clause. The court reasoned that while the clause forbids the state itself from depriving individuals of life, liberty, or property, its language cannot be read to create an obligation on the state. Thus, it seems the law of the land in the United States is that it is not a constitutional violation to not enforce the law.

The question remains as to whether Deshaney or other cases of nation states' domestic inaction constitute a human rights violation. Most human rights instruments do not create explicit obligations in their language. In fact, many human rights instruments may have been based on the language of the U.S. constitution and particularly the 14th Amendment. Still, there is an argument that the rights in international human rights law create an obligation on the parties that adhere to them to enforce these rights.

The UN created the International Bill of Human Rights, comprising the 1948 Universal Declaration of Human Rights and the two 1966 International Human Rights Covenants ? on civil and political rights, and on economic, social and cultural rights ? which make many of the Declaration's provisions legally binding on States parties.

In addition, the UN has drafted and adopted more than 80 conventions, declarations and other instruments on political, civil, economic, social and cultural rights.

Although hard to enforce, most of these human rights instruments contain legally binding language. Currently, the international human rights field has no real enforcement power over the international community. The International Court of Justice, established in 1946, is the principal judicial organ of the United Nations located in The Hague, Netherlands. However, the court is competent to entertain cases only if the parties agree to accept its jurisdiction.

[...] In other words, ?Human rights is for the few who have the concerns of Westerners; it does not extend to the lowest rungs of the ladder.?[xxxiii] Country conditions in post-communist states are fragile in terms of establishing liberal democracies and a strong human rights regime. Many of the new state structures are vulnerable due to the absence of established national political cultures, transitions to a market economy that eliminate corruption, and the lack of ethnic and/or religious commonness.[xxxiv] It has been widely noted that homogeneity in ethnicity, religion, and language has greatly aided the most successful transforming political democracies and market economies: surely cannot be a coincidence that the four most successfully transforming political democracies and market economies the Czech Republic, Slovenia, Poland, and Hungary are strikingly homogenous in ethnic, religious, and linguistic terms. [...]

[...] But UNDP will have to guard against neglecting political and civil rights-and difficult questions of how to incorporate them in programs in such countries will have to be addressed.? [xxxviii] The human trafficking issue in Russia is a human rights violation that would need to be treated in a multiple approach way as the UNDP policy states. The violation of the trafficking may be stopped; but, the real human rights abuse such as equal rights of women or the right to work without forced labor remains The UNDP policy document defines governance as: exercise of economic, political and administrative authority to manage a country's affairs at all levels . [...]

[...] It will therefore have jurisdiction with respect to the crimes of genocide, crimes against humanity and war crimes, all of which are fully defined in the Statute and further elaborated by the Elements of Crimes.? This type of jurisdiction would leave out numerous human rights violation such as human trafficking through kidnapping. Although the enforcement of international human rights is a current dilemma, human rights are still considered legally binding rights to all nation states when spelled out in human rights instruments. [...]

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