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natural rights essay Photo: Paula Kupfer. Natural Rights, Cultural Rights, and format paper proposal, the Politics of Memory. Andreas Huyssen | Columbia University. Human rights and memory discourses must be robustly linked with each other to add a necessary dimension of where to buy a book report futurity to format for research paper memory and of history to human rights politics. Drawing on kellogg analysis, the early modern notion of natural rights, this paper asks to what extent ‘rights of format for research paper proposal nature’ need to where a book report be considered to nurture the sustainability of human rights as social rights. I want to ask a simple question that defies easy answers: what do rights have to do with memory?

At the most simple level, one could argue that only memory of rights violations can nurture human rights regimes in the future. Memory and human rights must be linked more robustly with each other discursively and for research proposal, practically to prevent memory from becoming a vacuous exercise feeding parasitically on itself and to prevent human rights from losing its historical grounding and risking legalistic abstraction and political abuse. As Walter Benjamin suggested (1969), the dead do have a claim on us, since we are, from kellogg their point of view, the coming generations. Nothing messianic about that. No need to talk about format for research paper proposal redemption. As Max Horkheimer argued (1993) against Benjamin’s theological temptation: the dead are dead and cannot be reawakened. But they do have a right to remembrance. This is a mark of human civilization, after all, long before the review, explicit articulation of human and any other rights, and ever more so after this most murderous century of human history that we have left behind. Where would today’s international human rights movement be without memory of the killing fields of the 20th century? And yet, memory and rights discourses don’t blend easily. Debates about human rights and transitional or retroactive justice in law and political theory have too often remained separated by a deep gulf from discussions of memory and historical trauma in the humanities.

This is for research surprising since one would expect these fields to emphasizing words be inherently complementary and mutually supportive. Yet there remains a fundamental tension between memory and the law. Proposal! Restrictive limitations that have prevented a closer relationship exist on either side of this discursive divide. Memory discourse is usually concerned with recent collective pasts and kellogg analysis, their effects on the present, but it lacks a strong normative dimension that would lead toward individual legal rights claims. Thus some legal scholars and format paper proposal, political theorists have argued that memory of past injury can only be a weak substitute for a book paper justice. At the same time, however, legal proceedings, especially in cases of retroactive justice after the end of dictatorships as in for research paper proposal, Chile or Argentina, depend on individual memory to arrive at convictions. In addition, I would argue that what happens in courts also depends, though indirectly, on the strength of memory discourses in the public sphere—on films, media, literature, the arts, and education. The biblical demand to remember, so strong in contemporary worldly culture as a counterweight to rampant amnesia, is a moral demand which is not legally enforceable. Reasonably so, since were it enforceable, it would violate the essay on grade inflation, right to forget. Memory itself always remains fragile and difficult to verify. Human rights, on the other hand, is Janus-faced: morality and law.

It shares the moral dimension with memory discourse which lacks the juridical. Paper Proposal! This is why there remains a fundamental tension between memory and rights discourse, and review, given contemporary culture’s often frivolous and exploitative obsessions with memory, one may legitimately ask whether memory helps or hinders justice. Not even to speak of cases where memory is used to for research paper proposal incite violence as in Slobodan Milosevic’s Serbian propaganda campaign about the 1389 battle of Kosovo which was key in triggering the ethnic cleansing in review, Bosnia and Kosovo. The Croatian writer Dubravka Ugresic, in her book of essays The Culture of Lies (1998), has made the powerful argument that the disintegration of Yugoslavia was characterized by the simultaneity of a terror of forgetting and a terror of memory. Human rights discourse, by contrast, makes strong normative legal claims in the name of justice, but often ends up in an idolatry of abstract principles, thus ignoring the paper, historical and argumentative inflation, political contexts which must be recognized and negotiated if a politics of human rights is to take hold in a specific country at a given time. Format For Research! Or it is abused as a political veil of particular interests, which critics of human rights often point to words in order to discredit human rights claims altogether. Idolatry and abuse are especially visible internationally in the facile equation of universal human rights with Western democracy. They are implicit in the notion that rights may spread from the format proposal, US to other parts of the world once they reach a certain level of emphasizing essay development. While the genealogy of the current international human rights movement goes back to paper proposal European sources of natural law of the 17th and 18th centuries, its meaning is not exhausted by this origin which precedes the democratic revolutions of the US and France.

We must first acknowledge that democracy is neither a human right, nor is it inevitably identical with any ideal type human rights regime (Habermas 2009). To the review, extent that democracy operates with majority rule, it may violate the rights of minorities, a constellation rife with conflict especially in format, the years after World War I and its many newly formed nations and essay, again in paper, a different constellation after the end of the Cold War. Kellogg Essay Analysis 2012! We must also reject any teleological construction of modernity with its theory of cultural and political lag. From its early articulations in Europe on, the propagation of human rights was always coupled with their denial in colonial situations (few exceptions such as the Salamanca school notwithstanding). Thus rights in the colonial world inevitably had to turn against European domination. The question of rights has always been a question of power and asymmetrical relations. And yet, rights discourse conjures up a horizon of format for research proposal expectations that tends to surpass limited human rights practices. Struggles for individual, minority, and ethnic group rights in democratic and non-democratic countries alike abound in the world today and challenge both legal debates and political theory. A second political point must be registered.

The traditional idea of nationhood, as it developed during the Westphalian regime of kellogg essay 2012 sovereign nation states since the 17th century and characterizes political communities across the world until this day, is not inevitably conducive to the cultural or political rights of format for research paper minorities. Ever since the Huguenot massacres in France, minority and cultural group rights have often been suppressed in Europe in the interest of enforcing the kind of report religious or national homogeneity which is format proposal simply no longer adequate to our contemporary world--its flows of migration and kellogg 2012, cultural mixing, and the development of format proposal flexible citizenship. Ever more frequently, the claims of national majority cultures conflict with the rights of kellogg essay analysis others within the nation: indigenous populations, descendants of slaves, disenfranchised groups, sexual minorities, and immigrants of all kinds. At the paper proposal, same time, a human rights regime entirely beyond states and nations is not yet imaginable today, even if some political theorists have begun to conceptualize a “global civil society” as opposed to world government (Weltburgergesellschaft; Habermas 2004; Benhabib 2002) . Despite certain forms of denationalization of citizenship (dual citizenship, EU passports, the emphasizing essay, granting of regional voting rights to format for research paper proposal non-citizens, etc), states do remain important legislators and guarantors of expanded rights, especially via constitutions, new regulations of citizenship and cultural rights, and commitments to transnational organizations. Most rights struggles still play out within this context. On the other hand, however, new forms of de facto statelessness have developed in the context of illegal migrations, the sex trade, and other new forms of slavery and where a book, indentured labor. This is particularly pertinent in the case of format for research paper “third country immigrants” to emphasizing words the EU and of Latin American and Chinese immigrants to the US. While human rights discourse aims at universality, a concept that has had powerful enemies for format a long time, discourses about collective memory have typically been limited to national or regional situations, thus blocking insight into the ways a new transnational politics of literature memory has spread across the world since 1989 in conjunction with rights discourse and yet separate from it (exceptions to this trend: Levy and Sznaider 2006; Rothberg 2009). The idea of collective memory, as it circulates today, mostly relies on an anthropological notion of culture as homogeneous and proposal, closed or self-contained.

With the modified, expansion of rights since WWII, such notions of national cultures as distinct and coherent units not subject to international rights claims have weakened. Tendencies toward globalization of finance, economics and migrations have created new networks that subvert traditional notions of national sovereignty. Format For Research Paper Proposal! Still, discourses of lived memory will remain tied to specific communities and territories, even if the concern with memory itself has become a transnational phenomenon across the world. But even at the national level, memories are always in better legal, conflict with each other, more so nowadays than at the highpoint of the Westphalian regime that first saw the invention of format national traditions (Hobsbawm 1983). Memories clash just as rights claims confront each other.

The notion of collective memory only makes sense if we acknowledge that in any collectivity, there will inevitably be conflict and struggle over memories. Such tensions and conflicts are a key constituent of the public sphere in open societies and must ideally be subject to political recognition, democratic deliberation and negotiation. Key conflict areas today concern the rights of indigenous peoples, language rights, the inequality of gender, sexual rights, citizenship rights and political rights for immigrants. Hannah Arendt’s fundamental claim that there is a book report paper a right to have rights (1951), a claim that goes back to the period between the two World Wars in which whole populations were denaturalized and for research paper proposal, deprived of individual and citizenship rights, has become a shaping political force in the contemporary world. Humanities debates about memory have been especially robust in to buy report, their interpretive focus on cultural memory (Assmann 1995), trauma, testimony, and format, witnessing. Argumentative Essay On Grade! Some have asked to what extent such a focus on subjectivities, legitimate as it is, doesn’t risk losing sight of the political dimensions of rights discourse in the present and for research paper proposal, its implications for the future (Sarlo 2005). While this objection does have some force in relation to an overplaying of trauma in a poststructuralist and psychoanalytic vein, I would argue that it is precisely the focus on the force of individual memories of legal essays rights violations that can keep human rights discourse from slipping too fast into abstraction and ahistoricity. Human and cultural rights discourse must be supported by concrete cases of rights violations read in the context of systemic conditions and deep histories, and it can be supported by works of format art that train our imagination to recognize what Susan Sontag (2003) called the pain of others and what classical Greek tragedy first articulated: Antigone not as a play about obligations to the dead, but about the rights of the living. Much of my own past work has been concerned with issues of cultural memory in political context—memory articulations in essays, the visual arts, architecture, and literature which articulate the memory problematic aesthetically in all its fragility and complexity. The rootedness of memory studies in the local may help counter the reproach that human rights, if not the concern with memory itself, is nothing but a Western imposition and imperial ploy.

At the same time, I feel that memory studies in the humanities have reached an impasse—too much of paper a good thing will eventually diminish the cognitive gain the field can provide. Therefore my argument: If memory studies in the humanities want to have a future, they need to forge a much more robust link with human rights, cultural rights and transitional justice discourse. Such a shift in literature review, focus will allow us to move away from an all too exclusive privileging of the paper, past as subject of investigation (a natural for humanists) and to reclaim memory for present and future struggles about kellogg rights. Where rights have already merged with memory concerns via testimony and witnessing, a variety of practices of redress have emerged around different types of Truth Commissions that acknowledge local factors and are thus far from making universalist claims. Maybe the ongoing critique of universalism has itself become a straw-man. Speaking from my field as a Europeanist, I would argue that such a shift from memory to rights is important in the European Union, but I believe it is format for research proposal pertinent in the Americas as well. While the political reorganization of Europe into paper a partly post-national federal union certainly requires recognition of past injuries and histories, such concerns all too often veil human rights issues of today which have to for research paper proposal do with immigration from outside the to buy report, EU, especially from the former colonies. It blocks out the troublesome systemic bifurcation of political and social rights, which separates EU citizens from format for research proposal so-called third country migrants. Thus I do not find it productive to claim, as some have done (Diner 2000), that a new European identity is being constructed around Holocaust memory. The dominance of the Holocaust in European memory debates actually hinders recognition of essay Europe’s colonial heritage, a moral and political necessity when dealing with immigration especially from format for research paper Africa and Asia. It is indeed striking to see how within memory discourse itself, there has developed a debilitating conflict between Holocaust memory and the memory of colonialism.

Given the essay 2012, centuries-long trajectory of colonial domination, the for research paper, privileged focus on Holocaust memory in Europe results in a form of short-sightedness that carries with it an apologetic register of forgetting. Memories in contest with each other may well prolong grievances rather than overcoming them. This is the downside of analysis memory competitions where one set of memories tries to displace or delegitimize another. Recognizing certain inherent limitations of format both human rights and modified essay, memory discourse may then indeed represent a first step toward overcoming the gap between them. Format Paper! The individual strengths of essay analysis both fields must be mobilized to paper proposal supplement each other in order to writing legal mitigate the deficiencies of either. Both are concerned with the format for research, violation and argumentative essay on grade, protection of basic human rights and both must draw on history to do so. Both want to for research paper proposal acknowledge, if not right wrongs committed in the past, and both project and imagine a better future.

Both grew to a large degree out of legal, moral, and kellogg analysis 2012, philosophical discourses about genocide and rights violations after World War II. Both the Universal Declaration of Human Rights and for research paper, the UN’s Genocide Convention of 1948 were the political result of remembrance (though not about memory as such since in their phrasing they both circumvented the ethnic and particularist dimension of the Holocaust)-- remembrance not only of the unspeakable genocides and forced population transfers of the first half of the 20th-century. But remembrance also of the genetically modified conclusion, legacies of the for research paper, natural law tradition which predates democracy and was influential in kellogg analysis, the shaping of these UN documents. History of human rights and memory discourses. In my last book, Present Pasts (2003), I attempted to explain the rise of memory discourses since the 1980s in transnational context. There I argued that memory discourses of a new kind first emerged in the 1960s in the wake of for research paper proposal decolonization and the new social movements with their search for alternative and revisionist histories. Walter Benjamin’s (1969) reflections on history and memory provided a theoretical screen for literature guide the long trajectory of an emergent focus on the politics of memory. The search for other traditions in the postcolonial world and for format paper proposal the traditions of “others”, of argumentative on grade inflation minorities and ethnic groups in the West, radically challenged the for research paper, idee recue of a homogeneous modernity, exemplified for instance in ideas of universal progress and modernization, the North-American notion of the “melting pot,” or in the European understanding of national cultures as unitary, based on language and ethnic identity. Memory discourses accelerated in the early 1980s in the US and in Europe, energized then by the ever broadening debate about the Holocaust. Historical anniversaries of Nazi rule, World War II and the victory of the allies were widely covered in the international media, and they helped stir up post-World War II re-codifications of national history in Germany, France, Austria, Italy, Switzerland, and Central Europe after 1989.

But soon enough resonances of Holocaust and literature review, Third Reich memories spread beyond the Northern Transatlantic, attaching themselves to politically and historically very different events and situations in format for research proposal, post-dictatorship Latin America or in post-apartheid South Africa. Indeed, one can now observe something like a “globalization” of 2012 Holocaust memory, and it certainly has had an effect on the international human rights movement. The recurrence of for research proposal genocidal politics in Rwanda, Bosnia, and Kosovo in the allegedly posthistorical 1990s made Holocaust memory discourse pertinent for essay evaluating present-day events. It seemed as if the “never again” slogan was put to the lie at a time when public Holocaust awareness had reached a peak. In the case of ethnic cleansing in Bosnia and the organized massacres of Rwanda, comparisons with the Holocaust were at first fiercely resisted by politicians, the media, and much of the public, not because of the undeniable historical differences, but rather because of a basic unwillingness to intervene.

Public opinion changed in the late 1990s with Kosovo. Streams of refugees across borders, women and children packed into trains for deportation, stories of atrocities, systematic rape, and wanton destruction all mobilized a politics of guilt in Europe and the US associated with the appeasement politics of the 1930s. Holocaust memory helped legitimize NATO’s military intervention in Kosovo, but only years after the for research paper proposal, failure to intervene in a timely fashion in the Bosnian genocide of literature review guide 1992. Srebenica and Rwanda marked an absolute nadir of the UN’s ability to prevent mass violence perpetrated by one ethnic group on for research paper proposal, another. The Kosovo intervention thus confirms the increasing power of public memory culture since the late 1990s, but it also raises difficult theoretical and political issues. Essay On Grade Inflation! How legitimate or even useful is it to proposal use the kellogg 2012, Holocaust as universal trope for historical trauma, organized massacres, and ethnic cleansing?

What about the sanctity or limits of state sovereignty? And how justified is international humanitarian intervention on format for research proposal, the basis of Holocaust memory and post-Holocaust human rights politics? At any rate, it was in these specific political situations that rights and memory discourse intersected in reality itself in powerful ways, even if in academic discourse they still went their separate ways. If the rise of memory discourse must be made intelligible by historical and political contextualization, we also need to understand the contemporary HR movement in literature review, its historical evolution and politically changing complexion. Thus political theorist Jean Cohen (2008) has talked about three phases since the 1940s. A first wave developed after WWII in format paper proposal, recognition of the atrocities and massive human rights violations committed against civilians before and during the war; it was based on the revival of theories of natural law and moral rights in the face of the largely discredited legal positivism of an earlier time. It resulted in the Genocide convention and the UDHR. In a second wave, Cohen argues, HR discourse played a central role in anti-colonial projects of liberation from the late 1940s on, in the internal weakening of the Soviet Empire in the 1970s, when the Soviet Union first accepted certain claims of HR discourse (the Helsinki Final Act of the Conference on Security and Cooperation in Europe, 1975), and with domestically led democratic transitions in Latin America in the 70s and 80s. Cohen writes: “Despite being largely exhortatory, the human rights declarations and essay on grade inflation, covenants were an important normative referent for domestic civil society and social movement activists.” (2008; 580) The end of the Soviet Empire and the end of format for research paper proposal apartheid in South Africa shortly thereafter were major markers for the renewal and spread of emphasizing essay civil society debates and format for research, rights implementations in many countries (esp. in Eastern Europe and analysis, Latin America). The third wave differs dramatically.

Since the end of the Cold War, human rights violations have been selectively invoked as a justification for paper the imposition of debilitating sanctions, military invasions and authoritarian occupation administrations by where a book report multilateral organizations and/or states acting unilaterally under the rubric of “humanitarian” intervention. Such interventions were typically justified as enforcement of international human rights law. The break-up of Yugoslavia, Afghanistan, and Iraq are the format for research paper, pertinent though politically very different cases. Cohen thus distinguishes a traditional from a more current political notion of human rights. At stake here is the conflict between human rights and national sovereignty and the recognition that the nation state may no longer remain the main and only guarantor of rights in a globalizing world at a time that has seen many new UN conventions regarding rights, the creation of a European Criminal Court and of the International Criminal Court. The International Commission on Intervention and State Sovereignty (ICISS) has perhaps gone furthest in limiting state sovereignty in its report of 2001, The Responsibility to Protect. Better! While this report clearly came out of the failures of the UN in the 1990s, it is not clear to me whether the format for research paper, shift from humanitarian intervention (“military humanism” as some have called it) to R2P is 2012 actually more than a semantic shift, given that the format paper, potential protectors will inevitably still be the 2012, major powers that also led humanitarian interventions. In today’s situation, it seems to me, key dimensions of each of for research paper proposal these three waves are intermingled to better essays different degrees, depending on differing constellations on the ground. Taken together, genocide, civil society, and humanitarian intervention shape a dense cluster of political and legal issues that call for specific analysis in each and every case. We should not let the abuse of format paper “humanitarian intervention” blind us to the deeper histories of the struggles for rights.

To Cohen’s account, one might even add a fourth dimension, which has emerged in recent years. Writing Legal Essays! It concerns the transformation of human rights discourse to highlight cultural rights claims pertaining to indigenous populations or descendants of slaves in for research paper proposal, Latin America, Canada, or Australia. Emphasizing Words Essay! And it also arises around civil and format, social rights in the wake of new forms of immigration and diaspora. While Cohen’s third phase challenges traditional notions of state sovereignty by literature review guide allowing for cross-border interventions, this fourth dimension claims cultural group rights within sovereign nations, but enters into conflict with the traditional notion of human rights as the rights of individuals and with a homogeneous self-understanding of for research paper proposal nationhood. Thus it further destabilizes notions of national identity, especially when civil and social, sometimes even limited political rights are reasonably granted to non-citizen immigrants. Given the to buy, tensions between memory and the contemporary human rights regime, I am particularly interested in the ways in which the human rights declaration of the post-WWII period derived its strength from an earlier natural law tradition.

In the 18th century, nature was a revolutionary battle cry in Europe and format for research, natural rights as rooted in natural law were claimed both by the American and French revolutions. They made it into the Declaration of Independence (1776) as “the unalienable rights” of “life, liberty, and the pursuit of happiness.” And into the French Declaration des droits de l’homme et du citoyen (1789) as “liberty, property, safety and resistance against oppression” (Article II). Of course it is well-known how the universal equality of argumentative essay on grade inflation men excluded slaves, women, and colonial subjects and how property was considered sacred. But once articulated as a normative horizon such universal rights claims developed their own momentum against their limited application, not despite but because of their universal claims. With Hegel, one could speak of the cunning of reason. And so it goes for recent decades. Despite the fact that the UDHR lacks even a minimal enforcement mechanism such as a binding convention, and genocides have not ceased to happen, human rights and genocide discourses have gone global in recent decades, and time and again they are tenuously linked with debates about memory and justice. Proposal! The rise of Truth and Reconciliation Commissions is only one outward sign of the linkage between memory and writing legal essays, rights discourse. Format For Research Paper! At the same time, TRCs also reveal the inherent tensions between memory and paper, justice regimes.

No rights are ever easily implemented or guaranteed. They can only proposal result from always conflictual political deliberation and will rarely if ever offer easy solutions to conflicts and social problems. In some parts of the genetically conclusion, world human rights are disparaged as a Western imposition of format for research paper a culturally specific individualism serving imperial economic interests. While this reproach is not without merits, the radical critique of HR has been just as politically self-serving in non-democratic societies (think of the Asian values debate promoted by developmental authoritarian states such as Singapore or Malaysia in the early 1990s). I would argue that international human rights standards are legitimized less by the cultural background of European civilization than by the attempt to respond to the challenges of a social and economic modernity which has become global. Against a tendency to romanticize so-called non-Western forms of cultural diversity and to freeze-dry them in terms of cultural rights and traditional values, we must recognize that modernization affects all cultures and societies today. The attempts to create a global human rights regime represent a response to a situation which does not permit an escape from modernity. The rise of modernity, however, was intimately linked to the emergence of natural law. Therefore I would suggest that we draw on argumentative essay inflation, the legacies of natural law which do have a European origin, but can map on to ideas about human dignity, liberty, and freedom from oppression present in all cultures of the world. Format For Research Paper Proposal! After all, it is no coincidence that the UDHR, passed by the international body of the newly founded UN, drew on the legacies of natural law rather than on culturally specific positive laws.

Then and today natural law has certain conceptual advantages as ground for human rights debates even if, as Habermas has argued (2009) it must be recoded and literature review guide, put into the context of a deliberative reciprocal negotiation of rights within a given political community. At a time when human rights has been recoded as the right to humanitarian intervention and many aspects of the current human rights regime have come under suspicion of format for research abuse, I want to suggest that, however limited in reach, a shift in argumentative on grade inflation, discourse from human rights to for research natural law might help us rethink some basic propositions. Clearly there is no such thing as inborn natural law. The issue for me is not to resurrect the natural law tradition per se, but to mobilize some of its parameters in order to words critique abuses that sail today under the flag of human rights. I would suggest that there are five dimensions that make the natural law tradition still pertinent and highly suggestive in a philosophical sense: 1. Universal standards of freedom from oppression, freedom from format for research paper proposal fear, and human dignity are not culture specific or per se Western, but found in all major cultures of the world. Precisely because it operates at a level of generality in its appeal to nature, natural law may be a better basis for cross-cultural negotiation than specific legal regimes that always carry the essay, stench of domination and oppression with them.

As a concept, “Natural law” may thus restore an aspirational horizon of justice to human rights talk not despite, but precisely because of its ontological dimension. Format For Research Paper! 2. Natural law, as framed in different European countries and at different times by Grotius, Hobbes, Thomasius, Pufendorf, and Locke, evolved out of new economic realities of an emerging capitalism and the struggle of essay on grade inflation a merchant bourgeoisie against the absolutist state, mercantilism, and a confining guild system. Remembering this grounding in format for research paper proposal, political economy, natural law today can be linked to very differently structured issues of economic justice and wealth creation of which class and racialized poverty remain important components. We can tactically use this tradition against the absence of economic rights in genetically food conclusion, most HR discussions. Against the danger of essentializing “nature” as permanent and unchanging, we may remember that the notion of nature is itself not fixed, but subject to historical and format for research, cultural change which may provide natural law with a welcome openness toward the future, especially at a time when the modified food essay conclusion, rights of nature itself are increasingly part of the debate. 3. Natural law, as it has been interpreted by philosophers such as Ernst Bloch (1975), is fundamentally political and attuned in a deep sense to specific historical conditions which are often ignored by contemporary human rights discourse in for research proposal, its apolitical humanitarian incarnation.

Its transformative politics today lie in challenging notions of sovereign nationhood and cultural homogeneity under the pressures of globalization, migrations, climate change, and new transnational cultural imaginaries. 4. The Natural law tradition encapsulates the right to one’s culture, language, and traditions, all of which ground human identities in historical flux. Literature! Thus it sidesteps the conflict between individual and for research paper, group rights so prominent today, and it allows us to seek a mediation between them. Better! Johann Gottfried Herder Johann Gottfried Herder has written compellingly about this dimension in the 18th century when dominant identity patterns shifted from transnational and non-ethnic aristocratic identities to middle-class, ethnic, and national identities. In this recognition of the flows of deep cultural histories, natural law may also help to link memory to rights discourse. After all, the fact of memory as a human characteristic is format for research proposal as unalienable as the rights stipulated in democratic constitutions. 5. Natural law is sufficiently different from culturally diverse and often irreconcilable legal positivisms that it can be used to modified food conclusion criticize specific legal practices and refer us to some universal standard of what is right. For Research Proposal! This remains a major legacy of the natural law tradition and it can be used to criticize certain limited applications and political abuses of HR. Taken together, these five points show that philosophically and conceptually, there is genetically food conclusion a clear trajectory from natural law not only to human rights, but also to memory studies. Format For Research Proposal! The tactical advantage of mobilizing natural law for emphasizing words current debates is twofold: it might mediate the conflict between individual and group rights and, on paper, another front, diminish the tensions between memory and rights discourse. This of course raises the question: can there be a legally enforceable right to memory just as there is a right to free speech?

It does not seem to guide make much sense to format paper speak of a legal right to memory except perhaps in essay conclusion, a context in which human beings might be technologically or genetically manipulated to forget. SciFi films like Blade Runner (1982) and Total Recall (1990) have addressed such issues. Only in such a situation would it make sense to speak of a legal right to one’s own memory. Of course in a certain dark view of global historical developments as articulated in Horkheimer and Adorno’s Dialectic of Enlightenment (2002) on the threshold between total war and the Cold war and long before genetic engineering, this kind of manipulation and the resulting destruction of proposal memory was compellingly though reductively analyzed as the project of the capitalist culture industry and its consumerist ideology. The threat to memory would indeed be a threat to human identity itself—identity always shaped by a given time and space. Even if media of memory and the very place of memory in a culture will differ greatly over time and where a book report, space, Luis Bunuel was right when he said: “You have to begin to lose your memory, if only in bits and pieces, to realize that memory is for research what makes our lives. […] Our memory is our coherence, our reason, our feeling, even out action. Without it we are nothing…” As an anthropological and historical given, memory, especially collective memory can therefore be related to what has come to be known as cultural rights. The notion of cultural rights, however, poses serious problems.

Following rights theorists like Seyla Benhabib (2004), I first want to reject the notion that cultural rights can be separated from individual rights. Certain cultural rights are already reflected in several provisions of international human rights law (freedom of thought, conscience, and religion, Art 18; freedom of literature expression, Art 19 of the UDHR). Cultural rights are also implicitly recognized in the Genocide Convention of 1948 in light of the fact that genocidal policies often are preceded by attacks on an out-group’s culture. To make the point that cultural and individual rights cannot be separated, it helps to recognize that individual autonomy is not given by nature, but emerges in reciprocal recognition of citizens embedded in a culture and engaged in format paper, social and political relations. All individuality is inherently social. Where! Yet individual autonomy is often attacked in the name of community. So why do some insist on a separate category of communal cultural rights? The cultural rights movement has arisen recently around issues of minority and paper, first nations’ rights within nation states such as Canada or Australia, Colombia, Brazil and other Latin American countries. Argumentative Essay Inflation! It can be seen as an expression of the growing emphasis on cultural diversity in an increasingly interconnected world, and it is for research proposal itself a transformation of earlier struggles, especially struggles for land rights formerly often couched in Marxist terms. It is literature fundamentally tied to group identity politics and often displays skepticism or even hostility toward individual rights discourse. A major problem here is that cultural rights discourse usually grounds itself in traditions of what colonialists called customary law.

Its claims thus go back more to lineal descent rather than responding to current needs. Format For Research Proposal! It can, of course, be seen as a legitimate reaction formation against globalization and the fearful prospect of cultural homogenization by financial capital, developmentalism, rampant consumerism and literature, global English. By invariably siding with the for research paper, local against the global, however, cultural rights discourse produces its own set of limitations. These become especially visible when cultural rights are mobilized not to make claims on behalf of marginalized groups (First Nations of Canada, indigenous peoples in the Amazon), but on behalf of states and state power. This happens in the international arena in attempts to counter alien influence, whether Western influence in Islamic societies or the essay conclusion, effects of Islamic presence in Western societies.

And it happens within nations when cultural rights are called on proposal, for conservative purposes on behalf of a national culture vis-a-vis its immigrant communities. The German example of the Leitkultur debate is a good example of the latter and the European cultural claims against Turkish membership in the EU an example of the former. In both cases recognition of cultural diversity is turned against diversity itself in order to favor the kellogg essay, dominant culture. These politically very different claims of cultural rights operate on the basis of an obsolete unitary notion of for research paper proposal culture. All cultures affected by modernity are invariably split, whether such splits operate in vertical ways (high vs. low culture) or in terms of privileging different media (print vs. Argumentative On Grade Inflation! music). For Research! Such stratifications will always be a site for words essay struggle over meanings. They make palpable that you cannot have a meaningful discussion of cultural rights without considering individual social and proposal, political rights. Culture is not to be separated from the rights of the analysis 2012, person, or the rights of citizenship.

If it is, it inevitably becomes constrictive, unitary, homogenizing, and exclusionary whether at the national or the paper proposal, subnational level. Rather than overcoming the power problems inherent in national majority cultures, cultural rights claims as articulated by subnational groups may just reproduce these problems at another level. And yet, with Benhabib (2002) I recognize the emphasizing words, claims of culture, especially of language and the expressive values embedded in it, but I argue that cultural rights must be reconciled with the broader category of human rights or natural law. Anything else will lead to cultural oppression and legal relativism or worse. To construct an irreconcilable binary between universal human rights as rights of individuals only and cultural rights as the format for research paper proposal, rights of writing better legal ethnic or racial groups risks overruling the individual rights of group members in the name of for research paper proposal culture. Such arguments are always in danger of simply reproducing the problems of national cultures at the subnational level. It would be equally unacceptable, however, to ignore all cultural group claims by kellogg limiting rights to autonomous individuals only, as if autonomy could exist outside of social relations. Positing such a binary also reproduces the unproductive rift between liberal and communitarian or republican political theory rather than seeing the two as interrelated and in need of mediation. Let me highlight the problem by paper proposal a simple example: just as human rights include the right of exit from a nation or state, cultural rights must preserve the food, prerogative of an individual born into a culture to leave it and to chose another. This dimension, not sufficiently addressed by the proponents of cultural group rights, is especially pertinent to for research proposal women and other disenfranchised people in societies or ethnic religious groups that ascribe inferior legal status to argumentative essay on grade them. Cultural rights discourse shares a problematic dimension with memory discourse, for proposal it inevitably tends to pit the rights of one group against those of another, most interestingly today in the claims of indigenous peoples against the dominant culture of the guide, nation within which they live where it may even lead to format for research a bifurcation between civil law and customary law as in some Latin American countries (e.g., Colombia).

This constellation finds its analogy in memory debates in competitive discussions of traumatic memories of pogroms, organized state massacres, and genocide. Here it is not a question of one group making legal claims against another that could be adjudicated in a court of review guide law or in a deliberative political process. Memory culture is rather characterized by paper proposal often vicious and resentful memory competitions that claim priority of one kind of traumatic memory over another, thus creating insidious hierarchies of suffering. The most difficult and contested of such memory competitions is the one between Holocaust memory and where, the memories of colonialism which seem separated today by what W.E. Dubois in another context once called the color line.

In debates about the politics of memory, we must avoid such vertical hierarchy of past sufferings in which one kind of memory tries to supplant another. Here memory discourse can learn from legal developments. The negotiation of indigenous rights within the framework of nation and constitution, as it has slowly evolved in Canada or Colombia, may indeed provide a theoretical model for reconciliation as opposed to paper irreconcilability and fierce competition. The task is to recognize a universal (and un-natural) dimension in systemic oppression and essay conclusion, human suffering rather than pitting one kind of memory against another. There is no doubt that in our time memory politics and human rights can be more intimately connected than ever. Indeed, it is a mark of human rights discourse today that it feeds on for research paper proposal, memory discourse while often disparaging it. The continuing strength of memory politics remains essential for securing human rights in kellogg essay analysis 2012, the future.

But as much as its presence is essential for establishing human rights regimes where they do not yet exist, we know that memory may also nurture human rights violations just as HR in some forms is format for research proposal open to political abuse. Mythic and imagined pasts are mobilized to support aggressively nationalist, fundamentalist, or religion-based politics (post-communist Yugoslavia, India). But even when memory does support human rights, we may want to probe further. With the fading of the social and political utopias of the 20th century—the imagined futures of fascism, communism, and argumentative inflation, global capitalist modernization—and the mountains of corpses the for research, dictatorships of this dark century have bequeathed to our remembrance, it sometimes seems as if too much of the struggle for human rights focuses on essay 2012, righting past wrongs via redress or restitution claims. Securing the past may be as perilous an undertaking as trying to secure the future via utopian projections. If human rights activism were to become a prisoner of the past and of memory politics, it would only mean that it will always have come too late. But if it becomes prisoner of for research globalization the emphasizing essay, outcome will be equally problematic. Let me conclude with a note on immigration, a rights issue that concerns me greatly as a dual citizen of Germany and the US.

I have argued elsewhere that Holocaust and colonialism discourse should be considered as related to each other rather than remaining reciprocally hostile. But the linkage of Holocaust and colonialism should also be extended to the contemporary problem of immigration politics in the leading Western nations. Algeria and Morocco are for France, what India and Pakistan are for format for research paper England; Indonesia for Holland; the Muslim countries formed out of the ruins of the Ottoman Empire for Europe and for writing better legal essays the US. Immigration politics displaces the problem of colonial rule in postcolonial times to format for research paper the former colonial powers themselves. This creates new constellations which are articulated and used in the contexts of pasts that refuse to disappear: the Turks as the new Jews of Germany; neo-colonial rule in emphasizing essay, the banlieue of Paris; little Guantanamos in the dispersed for-profit detention centers for “illegal,” mostly Latin American immigrants in the US. In both Europe and for research proposal, the US, the argumentative on grade, color line does not only exist in format, certain discourses antagonistic to each other, but in social reality itself.

Given the urgency of such problems, we need artistic works that challenge the lingering of racialized and displaced colonial practices in the metropole itself, works that in their aesthetic figuration can do justice to the complexity of the situation. Let me conclude with one recent example, local in one way here in Latin America, but global in kellogg, a more important dimension: Doris Salcedo’s Shibboleth , a 2008 installation in London’s Tate Modern. In this work, the theme of immigration as exclusion and proposal, denial of rights is articulated in relation to language and visuality as a widening crack in the floor all along the Tate’s old turbine hall. The concrete walls of the crevice are ruptured by a steel mesh fence, not the review, barbed wire of the Nazi camps, but the steel mesh of for research proposal today’s border fortifications and the concrete of the walls intended to keep the barbarians outside—whether in emphasizing essay, Israel or at proposal the Mexican-American border. Shibboleth is the biblical word that cannot be pronounced correctly by the foreigners and that divides the world into friend and foe with deadly consequence.

Biblical past and the contemporary present clash in this work which reflects in argumentative on grade, powerful visual and architectural language on for research, the continuities between colonialism, racism, and immigration. The arc does not only lead from the Holocaust and colonialism to where a book report Bosnia, Rwanda and Darfur, but also to migration and the practices of a denial of rights and format for research paper proposal, of fundamental asymmetries of power among human beings that will perhaps one day become part of a book paper a politics of memory. One wishes it were that already now. Andreas Huyssen is the Villard Professor of German and Comparative Literature at for research Columbia University. He is founding director of Columbia’s Institute for Comparative Literature and Society (1998-2003) and one of the founding editors of New German Critique (since 1974), the leading journal of German studies in the U.S. His books include After the Great Divide: Modernism, Mass Culture, Postmodernism (1986), Postmoderne—Zeichen eines kulturellen Wandels , co-edited with Klaus Scherpe (1986), Twilight Memories: Marking Time in a Culture of Amnesia (1995), and Present Pasts: Urban Palimpsests and the Politics of Memory (2003). He is the editor, most recently, of Other Cities, Other Worlds: Urban Imaginaries in a Globalizing Age (2008). His work has been translated into conclusion many languages worldwide. Arendt, Hannah.

1973. The Origins of Totalitarianism . Houghton Mifflin Harcourt. Assman, Jan. 1995. Collective Memory and Cultural Identity. New German Critique 65: 125-134. Benhabib, Seyla. 2002. The Claims of Culture . For Research Paper! Princeton: Princeton UP. Benhabib, Seyla. 2004.

The Rights of Others . New York: Cambridge UP. Benjamin, Walter. Where! 1969. “Theses on the Philosophy of History,” in Ill uminations . New York: Schocken Books. Bloch, Ernest. 1975. Naturrecht und menschliche Wurde . Frankfurt am Main: Suhrkamp. Cohen, Jean L. 2008. Rethinking Human Rights, Democracy, and for research, Sovereignty in emphasizing words essay, the Age of Globalization. Political Theory 36 (4): 578- 606. Diner, Dan. 2000.

Beyond the Conceivable: Studies on Germany, Nazism, and the Holocaust . Berkeley and Los Angeles: University of for research paper proposal California Press. Habermas, Jurgen. 2004. Der gespaltene Westen . Frankfurt am Main: Suhrkamp. Habermas, Jurgen. 2009. “Zur Legitimation durch Menschenrechte,” in Die Politische Theorie . Frankfurt am Main: Suhrkamp. Hobsbawm, Eric J. and Terence O. Ranger, eds.

1983. The Invention of Tradition. Cambridge and New York: Cambridge University Press. Horkheimer, Max. 1993. “Beginnings of the Bourgeois Philosophy of writing better History,” in Between Philosophy and Social Science. Massachusetts: First MIT Press Paperback edition. Horkheimer, Max and Theodor W. Adorno. 2002. Format Paper Proposal! Dialectic of Enlightenment: Philosophical Fragments . Stanford, CA: Stanford University Press. Huyssen, Andreas.

2003. Words! Present Pasts: Urban Palimpsests and the Politics of Memory . Stanford: Stanford University Press. Levy, Daniel and Nathan Sznaider. 2006. Proposal! Holocaust Memory in the Global Age . Report! Philadelphia: Temple University. Rothberg, Michael. 2009. Multidirectional Memory . Stanford: Stanford UP. Sarlo, Beatriz. 2005.

Tiempo pasado: cultura de la memoria y giro subjetivo: una discusion . Format! Argentina: Siglo XXI Ediciones. Sontag, Susan. 2003. Regarding the Pain of Others . New York: Picador. Ugresic, Dubravka. A Book Paper! 1998.

The Culture of Lies: Antipolitical Essays . University Park, PA: The Pennsylvania State University Press. Copyright © 1998–2017 Hemispheric Institute of Performance and Politics.

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3 Resume Summary Examples That#39;ll Make Writing Your Own Easier. There’s one thing you likely already know: If you still have an paper, objective statement perched at the top of your resume, it’s time for some serious updating. That formal (and, let’s be honest, totally useless) blurb of the where to buy report, past has since made way for something new: a summary statement. Paper Proposal. So… uhh… what exactly is essay 2012, a summary statement? It’s a few short lines or bullet points that go at format paper the top of your document and make it easy for the hiring manager to 2012 understand your experience and for research, qualifications. Review Guide. Basically, it explains what you bring to the table for that employer. It sounds simple in theory. But, if you’re anything like me, when you sit down to actually crank out proposal, that brief little blurb, you’re left staring at a menacing blinking text cursor for a good half hour. Yes, even I struggle with these—and I make my living as a writer . Fortunately, there’s nothing like a little bit of inspiration to get your creative juices flowing. So, I’ve pulled together three real resume summary statements that are sure to get a hiring manager’s attention.

Extract some lessons from what these people did well, and you’ll take a little bit of the writing better, stress and pain out of writing your own. Just wait—before we jump right into the samples, this is an important question to answer. If you’re one of those people who has righteously told yourself, “Psh, summary statement? I don’t need one of those!”—well, you might be right, they work better for some people than for others. “Summary statements are usually best for format proposal, more experienced professionals with years of experiences to tie together with a common theme (read: brand). Or, alternatively, they can be used to tie together disparate experiences with a set of key transferable skills,” explains Muse writer, Lily Zhang, in her article on the topic. If you’re someone with a pretty straightforward career history and path, that precious real estate might be better used for bullet points, rather than this type of paragraph. But, if you’re an experienced candidate or are changing careers? This could be just what you need to make your resume a little more cohesive. Editorial-minded marketer and communications strategist transforming the way brands interact with audiences through content. With over seven years of experience at consumer startups, media companies, and essay on grade inflation, an agency, brings a thoughtful perspective and blend of creative chops and format paper proposal, digital data-savvy. Entrepreneurial at heart and a team player recognized for impassioned approach and colorful ideas.

Why it Works: “This is a great example of a concise and compelling summary because it explains who this professional is argumentative essay inflation, (first line), puts her experience into context (second line), and highlights her intangible strengths (final sentence),” explains Jaclyn Westlake, career expert, resume writer, and writer for The Muse, of format proposal, this summary she worked on with a client. Words Essay. But, what this statement does exceptionally well is for research paper proposal, start with a powerful statement about exactly who this candidate is and what she does. “If this were the only sentence a hiring manager read about to buy a book report, this candidate, she'd still have a pretty good idea what this person is about,” Westlake adds. High-achieving Enterprise software account manager driven to increase sales in established accounts while reaching out to prospects. Help Fortune 500 companies gain a competitive edge and increase revenue by identifying customer needs, providing recommendations, and implementing technology products that solve problems and enhance capabilities. Why it Works: One way to make writing your own resume summary statement easier? Think of it like an for research, elevator pitch. Since employers care most about modified, what sort of format paper, value you can add to their organization, it’s smart to follow in the footsteps of this sample and use the bulk of your summary to emphasize not only what you do, but why it’s important. “This summary clearly articulates who he is, whom he serves, and literature review, how he helps,” says Theresa Merrill, Muse Master Career Coach, of this client sample she provided.

Maybe you won’t use words like “gain a competitive edge” or “increase revenue” in your own statement. But, give some thought to how your skills and expertise help the format for research paper proposal, overall organization, and then weave that into your statement. DO YOU WANT HELP MAKING YOUR RESUME AWESOME? Is there anyone who would say no to essay analysis that? Award-winning journalist and format, digital producer offering extensive experience in social media content curation, editing, and on grade, storytelling. Adept at transforming complex topics into innovative, engaging, and informative news stories.

Why it Works: This one is significantly shorter than the other statements included here. But, that doesn’t mean it’s any less effective. Format For Research Paper Proposal. “It’s short and sweet,” says Merrill of this statement she wrote for a client, “It highlights his expertise right away with a word like ‘award-winning’ and also shares what makes him unique.” When you’re trying to keep things to better essays one page, you know by proposal, now that space is food essay conclusion, limited on your resume (here’s some great advice about what to cut, by format for research paper proposal, the way). So, the more concise you can make your statement—while still ensuring it still packs a punch—the better. “A summary isn't meant to be a regurgitation of the information already on your resume,” concludes Westlake, “It should serve to further enhance the reader's understanding of your experience, specialties, and legal essays, strengths. It's also an for research paper, excellent way to tie your work history together to help hiring managers better understand how your experience would translate into the role they're recruiting for.” Think through what you bring to the table and then use these three samples as your inspiration, and you’re sure to craft a resume summary statement that grabs that hiring manager’s attention.

Photo of person on emphasizing words essay, computer courtesy of for research proposal, JGI/Tom Grill/Getty Images#46; Kat is genetically food, a Midwest-based freelance writer, covering topics related to careers, self-development, and the freelance life. In addition to writing for format, The Muse, she's also the Career Editor for literature review guide, The Everygirl, a columnist for format for research paper, Inc., and a contributor all over the web. When she manages to escape from writing better essays, behind her computer screen, she's usually babying her rescued terrier mutt or continuing her search for the perfect taco. Say hi on Twitter @kat_boogaard or check out her website. For Research Paper Proposal. Hmmm, seems you#39;ve already signed up for this class.

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Essay: The law on suicide and assisted suicide. Suicide ceased to be a criminal offence in England and Wales with the passing of the Suicide Act 1961 s(1) but the format for research paper same Act made it an offence to assist in a suicide s(2), the punishment being 14 years imprisonment. The amended law relating to assisted suicide is now in s.59 of the Coroners and Justice Act, so that a person can be prosecuted for to buy a book report paper, committing ‘acts capable of encouraging or assisting the suicide or attempted suicide of another person’. [ ] The law is such that people who are suffering from incurable diseases and who wish to format, die cannot be assisted by others in their suicidal actions but this has recently been challenged around the world, seeking to achieve a change in modified food conclusion the law so that assisting a person to die will not lead to criminal prosecution. Format For Research Proposal? The judges feel that this is an issue on literature review guide which the courts should not be legislating because the law relating to assisting suicide can only be changed by parliamentary intervention since they cannot go against for research proposal, an act of review guide, parliament. However, do you think that assisted suicide should be legalized? Imagine yourself in the position of those people. There is endless suffering and pain but there are no medications or procedures to for research, cure you. You cannot commit suicide yourself and you fear to ask your relatives or friends because that might put them in serious troubles because the law bans the help. There have been reported cases explaining the pain people go through, like a case where a woman starved herself to literature review, death because there was no other way for her to die. In another case, a brother was forced to shoot his brother who was suffering from skin cancer for the past six months and his body was deteriorating further every day. The young man paid an enormous charge for releasing his brother from format for research proposal that distress that he was charged for emphasizing essay, murder.

These are just some cases reported by the public, there are thousands of format paper proposal, people who die suffering and analysis 2012, the law rather than helping them, chooses to stay quiet. Very sick people are the ones that are the most vulnerable. They are exhausted from for research paper proposal fighting the disease and pain and often become depressed from argumentative essay on grade inflation what is happening to them. Paper? In such a state they are often more ambivalent to committing suicide. America has a strong culture of independence and self reliance but their dependence becomes a source of shame when they get such an illness.

Under s.2(4) of the act ‘no proceedings shall be instituted except by argumentative essay on grade, or with the consent of the Director of Public Prosecutions'[ ], the Director of Public Prosecutions (DPP) has discretion to decide whether and when prosecution of such cases is in the public interest but there is no fixed criteria to for research, decide that and the DPP along with the CPS decide the cases as they think fit. It was after this that Mrs Debby Purdy brought a case against genetically, the DPP seeking clarification about whether her husband would be prosecuted if he assisted her in dying. Although it is illegal to format for research proposal, help someone kill themselves, nobody has so far been prosecuted for helping a person travel abroad to do so. Many Britons have gone abroad (often to organisations such as Dignitas in where to buy a book report Switzerland) for assistance in ending their own lives where assisted suicide is legal but because of the inconsistencies between domestic law and prosecution, people might still be prosecuted for this. Debby Purdy in 2009 launched a case to clarify whether or not her husband would risk being prosecuted if he helped her travel to a Dignitas clinic in Switzerland to die. Debby Purdy suffered from format paper proposal incurable and legal, progressive multiple sclerosis. She appealed a decision that the absence of a crime specific policy identifying the facts and circumstances that the DPP would take into for research paper proposal, account when deciding whether to essays, prosecute an individual for assisting another person to commit suicide did not make the operation and the effect of for research paper proposal, s2(1) SA 1961 unlawful and did not mean that it was not in accordance with law for the purpose of art 8 ECHR. The House of Lords agreed that lack of clarity about how the DPP exercised his discretion infringed Article 8 and they said that the emphasizing essay DPP should issue guidance that would help people to know the circumstances that would lead to someone being prosecuted for helping someone to end their life. Purdy’s case ended on 30 August 2009 and it was after this case that the DPP published their policy in respect of paper, charging individuals with assisting or encouraging suicide ‘ DPP, ‘Policy for Prosecutors in writing better essays respect of proposal, cases of Encouraging and Assisting Suicide’ (2010) . This policy sets out the genetically food public interest factors tending in favour of or against paper, prosecution. Literature? This policy applies where an format paper act that amounts to essay, assisting and encouraging suicide is committed in England and Wales even if the suicide takes place outside the jurisdiction. This was also underlined in the case of a paralysed former rugby player, Daniel James 2010 whose parents, Julie and Mark James said the former England under-16 rugby player had never come to terms with his extreme physical incapacity, and repeatedly said he wanted to die and was determined to format paper, do so.

The DPP said it was not in the public interest to prosecute Mr James’s parents even though there was sufficient evidence that they had helped their son to argumentative on grade, end his own life, in breach of the 1961 Suicide Act. But the DPP has still no power to give an undertaking in advance that if a person assists another to commit suicide, he will not consent to a prosecution under s2(1) The issue is without doubt both sensitive and controversial. Many people view legally assisted suicide as an format appalling concept which undermines the fundamental human right to life itself. On the other hand there are those, like Ms Purdy, who firmly believe that the right to genetically essay conclusion, life includes the right to end one’s own life when one can still do so with. Another such case was Pretty v UK (2002) Mrs Pretty died aged 43 of for research paper proposal, motor neurone disease in report a Luton hospice in 2002. She had failed in format for research paper proposal her legal battle, which went all the way to legal essays, the European Court of format paper proposal, Human Rights, to obtain immunity from prosecution for her husband if he assisted her in dying.

The House of Lords dismissed Mrs Pretty’s claim that her human rights had been violated. Genetically Modified Essay Conclusion? Mrs Pretty complained that her rights under ECHR art 2,3 and 8 were infringed when DPP granted and indemnity against the prosecution of her husband. The court held that none of the for research paper proposal articles were infringed. The reasons were as follows as argued by the court that Art 2(right to life) could not be interpreted as right to die. Had the article included issues such as quality of life then this could be argued. Not allowing her husband to assist her in suicide was not a breach of better, Art 3(inhumane and degrading behaviour). Format For Research Proposal? Lastly Art 8 was not infringed because she was not prevented from exercising her choice to her life. If assisted suicide was compatible with law then the courts would not have interfered at all. The blanket ban on assited suicide was not disproportionate and the interference was justified.

The DPP guidelines included that Prosecution is more likely firstly if the where a book person who died was under 18, had a mental illness or was not acting on for research paper their own initiative, the guidelines say. Secondly if the person was maliciously encouraged to commit suicide, did not have an incurable illness or physical disability, or had previously demonstrated indecision about wanting to emphasizing essay, commit suicide, their helper would be more likely to face prosecution. Format For Research Paper? Thirdly Prosecutors would have to be satisfied the person aiding the suicide was wholly motivated by compassion and that they, or anyone close to them, had nothing to gain from the death. Genetically Modified Food Essay Conclusion? Fourthly cases less likely to be prosecuted include those where the person had a clear and for research paper proposal, expressed wish to commit suicide, was suffering from an incurable disease, and legal essays, where the helper was motivated by compassion and was a partner, family member or close friend. There are countries where assisted suicide has been legalized but it still carries with it some sort of discretion by the courts. In Gross v Switzerland 2013 it was provided that an individual was in paper proposal a position freely to form his own judgement and to act accordingly, he himself has the right to decide when, where, how his life should end and it fell under art 8 of writing legal, ECHR. In this case the complainant wished to be provided with a dose of sodium pentobarbital allowing her to end her life and the absence of such guidelines violated her art 8 right. The object of art 8 was to format for research proposal, protect the individual against arbitrary interference by public authorities. However in Haas v Switzerland 2011 , the complainant suffered from a mental illness and was refused access to a chemical substance for committing suicide.

He argued that this was against article 8 of ECHR. The federal court stated that a psychiatric report would be required to determine whether his wish to argumentative on grade, end life was a mental illness that could be treated or an autonomous, considered and for research paper proposal, enduring decision of a person with capacity. The Swiss government argued that the right to kellogg 2012, self determination guaranteed by article 8 did not include the right of a person to be assisted in committing suicide and that the restriction on access to sodium pentobarbital was necessary to protect health and safety and to format for research paper, prevent crime. So there are even restrictions for the allowance of assisted suicide in countries where this has been legalized. Another case is Kosh v Germany 2013 where the husband’s complaint about the refusal of authority to authorise his wife to literature review, acquire a lethal dose of medication was upheld. It was held that the husband’s relationship with his wife was expected away close and he could claim to have been directly affected the refusal of medicine. Format Paper? The institute’s refusal to reject the report drug was an interference with the right under art 8 of the wife’s right and not that of the husband. Art 8 was of a non transferable nature and could thus not be pursued by a close relative or other successor of the immediate victim. In (R (on the for research paper proposal application of where to buy report, Nicklinson) v Ministry of Justice [2014] Mr Nicklinson had ‘locked-in’ syndrome which is a complete paralysis but the mind is working perfectly.

In 2007 he decided to end his own life but he would only have been able to do so by refusing all food and format for research paper proposal, liquids. Genetically? He wanted a doctor to end his life, but that wasn’t allowed. Having failed to persuade the format courts in analysis various legal actions, Mr Nicklinson died of pneumonia in August 2012 after refusing nutrition, fluids and medical treatment. His wife continued the case and was joined by Lamb, a man paralysed in an accident. Another case heard at the same time was that of Martin who is unable to format paper proposal, speak and virtually unable to move.

He found his life intolerable and wanted to die. Because of his disability, he is better legal essays, unable to do so without assistance and paper, is wholly reliant on his professional careers. Martin argued that: 1. the DPP’s Policy is an unjustified interference with his Article 8 right of words essay, ECHR because the consequences of the policy are uncertain, and 2. the format for research paper proposal policy disproportionately interferes with his Article 8 right because it discourages the assistance Martin seeks. The DPP argued that the CPS policy is essay, sufficiently clear and that it is not possible to guarantee that certain persons would not be prosecuted for assisting or encouraging someone to commit suicide. To do so would, allegedly, cross ‘the line of proposal, constitutional propriety’. The Supreme Court held that they did not have jurisdiction to argumentative essay, change the law on assisted suicide. They also unanimously held that the paper proposal DPP’s guidance on assisted suicide was lawful. In January 2010 Kay Gilderdale was prosecuted for the attempted murder of her daughter Lynn, who had been suffering from a long-term illness, but the jury found Kay not guilty of attempted murder.

Following her acquittal there was considerable criticism of the CPS for proceeding with the prosecution for attempted murder particularly since Gilderdale had already pleaded guilty to the lesser offence of food essay conclusion, aiding and abetting her daughter’s suicide. In February 2010, the CPS published a new policy on prosecution for assisted suicide. The policy sets out 16 public interest factors that would tend to be in favour of prosecution and for research, five public interest factors that would tend to favour against prosecution. The policy was broadly welcomed as a response to the Purdy case. The DPP, Sir Keir Starmer, explained how the guide had worked: ‘The thrust of the final guidelines is reasonably clear … broadly speaking if the writing legal victim has a clear and settled intent to commit suicide and if the for research paper suspect is wholly motivated by literature review guide, compassion and has not persuaded the victim to commit suicide, the likelihood of a prosecution is paper proposal, low’. However does that right to life import a right to die? No matter what others argue, assisting suicide is indeed murder. It’s killing the soul, and we all consider that murder, don’t we?

Yes, life can get hard, life can bring us down, and sometimes we may think we are drowning in misery; but that doesn’t mean we can simply give up on life. Literature? There are ways to help and there are people who will listen; so let us stop murdering ourselves, shall we? Today if we legalize assisted suicide, what will be our next step? Law will be an open ended sword then. Mr Bainbridge, who set up his own estate agent business in 2011 said that, ‘If we allow people to give up hope, the investment in drugs, in technology, and in the hospice movement as well, will be curtailed.’ But then again if suicide itself is legal then why not assisted suicide? In my opinion if a person does not want to live and suffer the pain he is going through and had he been in a position to kill himself he would have definitely done so then why not allowing his family or friends to do the act when he himself is in a position in which he can’t even move? Should not helping people to format paper, live with dignity and purpose must surely be our priority. There have been attempts where bills have passed for kellogg essay analysis 2012, legalizing assisted suicide but have been rejected by the parliament. At least what our legislation can do is to legalize physician assisted suicide so that only those people who the proposal physician thinks are not going to coupe up with their illness can be assisted.

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