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Providing A Voice for the Voiceless – the U.S. Committee for Refugees and Immigrants

Providing A Voice for the Voiceless - the U.S. Committee for Refugees and Immigrants

The Gang of Eight’s immigration reform legislation had come under further scrutiny earlier this month. 300 amendments to the 844 page bill were proposed by the Senate Judiciary Committee. The most ambitious goals of some of the amendments were to dismember the provisions in the bill for creating a path to citizenship for undocumented immigrants.

However, the Senate Judiciary Committee has approved the legislation that provided a path to citizenship to millions of undocumented immigrants and its refugee and asylum provisions have remained virtually intact. With of 13-5 in favor, the bill has been cleared for a Senate debate.

(More on  News at LAWS.com, contact Adam for interviews “adama@laws.com”)

The original legislation that was introduced by the Gang of Eight aims to expand legal immigration over the next 10 years, tighten border security, and provide a path to citizenship to the 11 million undocumented immigrants in the country. This last provision in particular has gained the support of many civil rights and social justice organizations; although some have expressed opposition to the length of time undocumented immigrants must wait before applying for citizenship, which is proposed to be 13 years.

One such civil rights organization is the U.S. Committee for Refugees and Immigrants (USCRI). Founded in 1911, the USCRI serves uprooted people, regardless of their race, nationality, ideology or social group. It provides opportunities and tools for immigrants and refugees nationally, fights the warehousing of refugees globally, serves victims of human trafficking and protects the rights of unaccompanied immigrant children.

The following is an interview conducted by laws.com with Roberto Ponce, Director of Communications at the USCRI, on his views on the current immigration reform legislation that is set to be debated in the Senate, and the work of the USCRI in the realms of refugee and immigrant rights.

How do you feel about the immigration-reform bill being debated in the Senate?

We are very encouraged! Particularly since it has passed the Senate Judiciary Committee and will go on to final debate. The US immigration system has been in need for reform for years. We have over 11 million undocumented immigrants that live and work in this country, with many of them belonging to families with mixed legal statuses. In addition, the problem that we currently have is that the current immigration law has separated families for years, if not decades, and has not been modernized for many years, so we need immigration reform. It is a nationwide problem that needs to be addressed.

What are some of the key changes you would like to see happen to U.S. immigration policy?

The USCRI has been working with refugees and immigrants for over a century since 1911.  So, based on our direct experience and the knowledge we have gained from working with these populations, we have identified five key priorities for comprehensive immigration reform.

1) A Pathway to Citizenship – we believe that undocumented immigrants living in the United States must have the opportunity to legalize their status and become citizens.

2) Family Unity – ensuring family unity has long been a guiding principle of US immigration policies, we believe that immigration laws need to make family reunification easier, particularly that of spouses and minor children.

3) Integration into America – it is important that immigrants and refugees have the adequate support to integrate into communities across the country. This means that comprehensive immigration reform must provide support for initiatives that help immigrants in their integration journey, for example, we want to see English language classes, civic classes, and naturalization classes.

4) Protection of Vulnerable Populations, particularly, Unaccompanied Immigrant Children – unaccompanied immigrant children have special vulnerabilities, and we must protect immigrant children by granting them access to legal counsel, reuniting them with family and ensuring their continued care.

5) Safety for those Fleeing Persecution – the US was founded on the principle of protecting those fleeing oppression, so immigration reform must include protections for refugees and asylum seekers who are unable to return to their home countries due to persecution. So what we would like to see are vital safeguards that include an extended deadline for asylum applications, prevention of unnecessary separation of refugee families, a path created for qualified stateless people to gain legal status and a continued commitment to special visas to American allies.

Some organizations have argued that undocumented immigrants should not be given amnesty because entering the country illegally is not a victimless crime. They argue that undocumented immigration harms documented immigrants and Americans by taking away jobs they need, and that charity should begin at home. What is your response to this notion?

Well, first and foremost entering the country illegally is not a crime; it is a violation of civil law. Immigrants are great contributors to the US economy and towns and cities across the country. Many immigrants become entrepreneurs and job creators, positively impacting their communities. In fact, immigrants are creating jobs at a higher rate than the general population in the United States. For instance, immigrant-owned small businesses employ 4.7 million people and had $776 billion in receipts in 2007, and this is according to an analysis of census data by the Fiscal Policy Institute. Also, a 2007 report by the White House Council of Economic Advisors concluded that immigration as a whole increases the US GDP by roughly $37 billion each year. So immigration reform makes sense for our country!

What are some of the accomplishments of the U.S. Committee for Refugees and Immigrants?

We have been a voice for the voiceless for more than 100 years. Lately, we have been working a lot in the area of unaccompanied immigrant children, a situation that is rapidly growing; in fact, the number of unaccompanied immigrant children who cross the southern border has tripled since 2008! The border patrol detained 24,481 unaccompanied immigrant children in 2012, three times the figure of 2008! Most of the unaccompanied immigrant children in US custody right now are from Guatemala, El Salvador and Honduras, so we are being proactive in finding partnerships and mechanisms that help unaccompanied immigrant children while they navigate the US legal system.

Recently, we signed an international collaboration agreement with the Universidad Tecnológica in San Salvador, (UTEC), to conduct research on the Salvadoran migrant profile. This report will be presented by UTEC and USCRI in Washington, D.C. and San Salvador in both English and Spanish by the end of the year. So we trust that research will reveal important cultural nuances that will help us create appropriate awareness.

Another thing we are doing, which is very significant I believe, is that, as you know, many unaccompanied children, when entering the US without documentation, are apprehended and detained. By the time they are released to a family member or sponsor who will care for them until a decision is made in their immigration case, most of them have endured violence and attacks of many kinds, so they are traumatized and they are eligible for Post-Release Services. So we work with several partners and organizations on Post-Release Services for children nationally.

We also have an Immigrant Children Legal Program. Many of these children find themselves alone while navigating the US legal system, so we have created an immigrant children's lawyers network, as part of this program.  It is a group of accredited representatives and attorneys who provide pro bono services to children so they can represent them in the courts.

Who can participate in this program?

Any attorney who has expertise in policy issues related to immigrant children before the Executive Office for Immigration Review in the USCIS and those who provide technical assistance can participate. We would be happy to work with them!

Our contact here is Stacy Jones. Her email is sjones@uscridc.org.

In the email they can just explain the work they do and that would be wonderful because this is a tremendous service that we do for these children.

What are some of the future plans for the U.S. Committee for Refugees and Immigrants?

We want to continue working very hard. We are devoted to the work of refugees and immigrants in the US and around the world. We want to continue to be a voice for the voiceless! We have done it for more than 100 years and we want to continue doing it for another 100 years or more.

For more information on the U.S. Committee for Refugees and Immigrants, and to find out how you can get involved, please visit their site. For more information on immigration law and news, please visit our Immigration Laws Page.

Interviewed with Roberto Ponce of the U.S. Committee for Refugees and Immigrants, Arlington, Virginia by Adam Abdelaziz.

US Immigration and Customs Enforcement

US Immigration and Customs Enforcement

U.S. Immigration and Customs Enforcement is agency installed by the government as a vehicle for protecting public safety and national security through the means of investigation services and the upholding of federal laws regarding customs, immigration, border control, and trades.
Under the the U.S. Immigration and Customs Enforcement agency there are specific sectors or offices devoted to monitoring and caring policies in conjunction with specified nature. These offices are: Office of Public Affairs, State and Local Coordination, Principal Legal Adviser, Detention Policy and Planning, Congressional Relations, Professional Responsibility, and the Reporting Operations Center
Each sector is important when it comes to making sure U.S. immigration policy is being implemented and protected; the Detention Policy and Planning office is instrumental in refining and creating policies that work fairly to punish employers who do not adhere to immigration policy, and to those employees who are working without the proper credentials or are in the country illegally. 
Another important sector is the Reporting Operations Center; this is the area which houses the National Incident Response Unit; these are the individuals who help create policies and prepare to handle immediate danger that threatens U.S. immigration policy, or the borders of the land. Overall, the U.S. Immigration and Customs Enforcement agency has been a continuous progression of policies and implementation in order to procure safety and rights for the individuals of the United States.

Important Statistics on Illegal Immigration

Important Statistics on Illegal Immigration

Out of the countries in the world, it may be argued that the United States currently has the most illegal immigration. The illegal immigration  statistics provided by the United States Center for Immigration Studies shows that there are approximately 12 million immigrants in the country.
However, illegal immigration statistics will sometimes provide for a range of 7 to 20 million illegal immigrants currently in the United States. Illegal immigration facts will show that the majority of the illegal immigrants in the country are typically from Latin American countries, particularly Mexico.
Illegal immigration statistics report that over 50% of the illegal immigrants in the United States are from Mexico, with over 20% of all illegal immigrants hailing from other Latin American countries. Other nations reported substantially lower numbers, with Asian countries representing for the third largest figure, being only 13% of illegal immigrant population. 
Illegal immigration facts in regard to the United States will show that the majority of the population of illegal immigrants is concentrated in the state of California. Illegal immigration statistics state that nearly three million illegal immigrants reside in California. Second to California is the state of Texas, with about 1.5 million illegal immigrants total.
Such illegal immigration facts will allude to the conclusion that bordering states with Mexico are most susceptible to having larger illegal immigration populations. However, other states such as Illinois and New York also house a large population of illegal immigrants, which proves to show that illegal immigrants will move to other states further beyond the border. 

U.S. and Mexico Begin Humane Repatriation

U.S. and Mexico Begin Humane Repatriation

 

On October 2, 2012, the Immigration and Customs Enforcement (ICE) and the Mexican Ministry of the Interior announced the start of a project called the Interior Repatriation Initiative, or IRI.  The new initiative plans to “provide humane, safe and orderly repatriation” of Mexican citizens who returned to the country.  The new initiative plans to return the Mexican citizens to their hometowns—even in the interior of the country—instead of simply returning them to towns on the U.S. and Mexican border.  
 
ICE’s Enforcement and Removal Operations now plans to transport Mexican citizens via charter aircraft who traveled from the interior of Mexico.  The chartered flights will fly to Mexico City, and then the Government of Mexico will provide ground transportation to their hometowns.  
 
Many of the removed Mexican citizens are not from the northern border towns where they were historically repatriated.  When the U.S. government would repatriate the Mexican citizens to the border towns, they had a higher chance of entering the United States again, joining criminal organizations, or even losing their life.  
 
ICE Director John Morton states, “IRI reflects our commitment and ongoing bilateral effort with the government of Mexico to ensure strong, humane and effective enforcement of both nations’ immigration laws.  This initiative will better ensure that individuals repatriated to Mexico are removed in circumstances that are safe and controlled.”  
 
The Undersecretary of Mexico’s population, migration and religious affairs, Gustavo Mohar Betancourt, stated, “This initiative aims to collaborate and fully support border state authorities by reducing the number of Mexican nationals who are repatriated to the border region.  The newly repatriated, often with no means to return home, are susceptible to becoming a part of criminal organizations as a means of survival.” 
 
The first flight for repatriation occurred on October 2 from the El Paso International Airport, and the flight contained 131 Mexican nationals.  
 
Source: U.S. Immigration and Customs Enforcement

Woman Charged for Smuggling Illegal Aliens

Woman Charged for Smuggling Illegal Aliens

On October 5, 2012, the San Diego FBI Office announced that Maria Guerrero of Chula Vista, California, was arrested by agents of the Border Corruption Task Force.  She was charged with alien smuggling, and the specific charge is “bringing in illegal aliens for financial gain” under U.S.C. §1324(a)(2)(B)(ii).  

 
The arrest of Guerrero was an extension of an investigation by the Border Corruption Task Force that focused on Gerardo Rodriguez, Vanessa Moya, and Hector Rodriguez, a Customs Border Protection Officer.  
 
The three previous defendants were arrested on July 13, 2012 along with 14 illegal aliens.  The three defendants were smuggling illegal aliens into the United States from Mexico.  According to the FBI, Hector Rodriguez informed the other defendants about his work schedule at the San Ysidro Port of Entry, including the lane number where he was performing inspections.  
 
The other two defendants would then drive the vehicles through Hector’s vehicle inspection lane.  The FBI reports that the three defendants received thousands of dollars for smuggling fees.  Hector Rodriguez also received rent payments, the use of expensive cars, and more.  
 
Guerrero was charged for her role in the July 13 crossing.  About one minute after Moya crossed the border, Guerrero then drove a 2005 Toyota Corolla through the San Ysidro Port of Entry.  Agents believe Guerrero’s timing indicates that she was going to meet with the Moya to initiate the release of the illegal aliens.  It is believe she was going to receive thousands in smuggling fees.  
 
Guerrero is innocent until proven guilty in a court of law.  She made her first court appearance on Friday, October 5 before a United States Magistrate Judge.  
 
The Border Corruption Task Force is made up of the FBI, the Customs and Border Protection-Internal Affairs, Customers and Border Protection-Field Operations, Border Patrol, the TSA, and the DEA.  
 
Source: Federal Bureau of Investigation

Canadian Embassy

Canadian Embassy

 

Understanding Immigration Services from a Canadian Embassy

 

 

A Canadian embassy is the best source of information for traveling or immigrating to Canada. More specifically, a Canadian embassy can help provide information on immigration services regarding citizenship registration.

 

 

Applying For Resident Visas at a Canadian Embassy

 

 

In order to apply for a temporary resident visa for Canada, the first step is to acquire the temporary resident visa application package. This can be found online on the Canadian embassy website. One of these must be filled out for each individual applicant. The application requires the following documents:

 

 

Valid travel document such as a passport

 

 

Two copies of a recent passport photo for each individual

 

 

Application fee

 

 

Proof of enough financial resources for a visit to Canada

 

 

Other documents as necessary (e.g. proof of employment, identification cards, proposed itinerary, etc.)

 

After paying the fee and receiving a receipt, the documents must be submitted through the Canadian embassy located in the region of current residence. The application will take a varied amount of time to process, depending on the Canadian embassy of application.

 

 

After submitting the application package, it may be necessary to visit a Canadian embassy to have an interview with a visa officer. Furthermore, a medical examination may also be necessary. 

 

 

Applying for a Work Permit through a Canadian Embassy

 

 

In order to apply for a work permit for Canada, the first step is filling out the Applicant for a Work Permit Made Outside of Canada. This form can be on the Canadian embassy website. Depending on the country of residence, the individual may also need to apply for a temporary resident visa.

 

 

Immigrating to Canada through a Canadian Embassy

 

 

There are many different ways to become a permanent resident of Canada. These methods all have their own specific set of rules for applying, which can be found online. The types of Canadian Immigration applications include:

 

 

Sponsoring a family: A Canadian citizen or permanent resident can sponsor a family member.

 

 

Quebec-selected skilled workers: Individuals are selected by the Quebec government to relocate and work in Quebec.

 

 

Provincial nominees: A province or territory of Canada can nominate an individual to move and work at that respective location.

 

 

Skilled workers and professionals: For individuals who wish to move to and work in Canada.

 

 

Canadian Experience Class: For individuals who have graduated and worked in Canada or those who have Canadian Work Experience

 

 

Entrepreneurs, Investors or self-employed people: For individuals who wish to start a business in Canada.

 

 

Where to Find a Canadian Embassy

 

 

Canadian embassies can be found in over 70 countries in the world. These locations have Visa offices for those Visiting Canada for various reasons, such as school, work, vacation, refugees, or immigration. In the United States, a Canadian Embassy can be found in the following cities:

 

 

Buffalo

 

 

Detroit

 

 

Los Angeles

 

 

New York

 

 

Seattle

 

 

Washington, D.C.

 

 

Some other international locations to find Canadian embassies include the following

 

 

Abu Dhabi, United Arab Emirates

 

 

Accra, Ghana

 

 

Amman, Jordan

 

 

Ankara, Turkey

 

 

Bangkok, Thailand

 

 

Beijing, China

 

 

Buenos Aires, Argentina

 

 

Cairo, Egypt

 

 

Colombo, Sri Lanka

 

 

Damascus, Syria

 

 

Islamabad, Pakistan

 

 

Kingston, Jamaica

 

 

Lima, Peru

 

 

London, United Kingdom

 

 

Moscow, Russia

 

 

New Delhi, India

 

 

Paris, France

 

 

Pretoria, South America

 

 

Quito, Ecuador

 

 

Riyadh, Saudi Arabia

 

 

Rome, Italy

 

 

Seoul, Korea

 

 

Sydney, Australia

 

 

Tel Aviv, Israel

 

 

Tokyo, Japan

 

 

Vienna, Austria

 

 

Warsaw, Poland

 

Foreign Service

Foreign Service

 

Facts about the United States Foreign Service

 

 

The United States Foreign Service is a division of the United States Department of State which is under the Federal Government that was created in 1924. 

 

 

The Foreign Service acts as representatives of the United States all around the world. The members of the Foreign Service interact with local governments as staff to United States consulates and embassies, emissaries to the United States, and provide valuable resources for Americans who are travelling abroad. They help these citizens handle problems abroad such as:

 

 

Providing useful information to the individual regarding the host country

 

 

Issuing replacement documents, such as lost passports

 

 

Helping negotiations between local governments and individuals representing United States companies who want to produce, manufacture, or do other business abroad

 

 

Issuing permanent residency visas and temporary visas through American consular offices

 

 

Members of the Foreign Service

 

 

Under the Foreign Service act, which was passed by Congress, the Foreign Service includes the following members:

 

 

Chiefs of mission: This is the head of the diplomatic representation of the Foreign Service. The chiefs are appointed by the President, who requires the advice and approval of the Senate to do so.

 

 

Ambassadors at large: This is the highest diplomat appointed by President, who requires the advice and approval of the Senate to do so. The Ambassadors at large deal with certain foreign policy issues.

 

 

Senior Foreign Service members: These members are the experts and senior leaders for managing Foreign Service along with its performance. These members are appointed by the President, who requires the advice and approval of the Senate to do so. These members often come from the Specialist ranks or FSO and have the equivalent position to general officers in the military.

 

 

Foreign Service Officers: These members are appointed by the President, who requires the advice and approval of the Senate to do so. These generalists are diplomats with the primary responsibility of carrying out the Foreign Service functions.

 

 

Foreign Service Specialists: These members provide a special set of skills and services that are required for the most effective performance by the Service, such as the Special Agents of the Diplomatic Security Service. The Secretary of State appoints these specialists into the Foreign Service.

 

 

Foreign Service Nationals: These members are also known as the Locally Engaged Staff. These members are personnel in the Foreign Service who provide administrative, fiscal, clerical, technical, and other needed support at Foreign Service posts abroad. These members can be third-country citizens (formally known as Third Country National, or native citizens of the host country. In some circumstances, these Foreign Service nationals can also be Americans who are living abroad as expatriates.

 

Immigration and Naturalization Service

Immigration and Naturalization Service

A Guide to the U.S. Immigration and Naturalization Service 

The United States Immigration and Naturalization Service, which is now known as the Legacy Immigration and Naturalization Service, was an agency that was created on June 10, 1933. The Immigration and Naturalization Service stopped operating under that name on March 1, 2003 and became the Legacy INS, which was composed of the U.S. Immigration and Customs Enforcement, the U.S. Citizenship and Immigration Service, and the U.S. Customs and Border Protection.

The purpose of the Immigration and Naturalization Service was to protect and enforce laws regarding naturalization, controlling aliens from illegally entering into the country, preventing individuals from receiving benefits such as unemployment or social security by individuals if they were ineligible for such benefits, and investigating, detaining, and deporting illegal immigrants who were residing in the United States.

Functions of the Immigration and Naturalization Service

The two main functions of the Immigration and Naturalization Service that are of interest are its immigration services, as well as patrolling the borders of the United States

Immigration Process

The Immigration and Naturalization Service works to maintain approximately 250 ports of entry into the country over 8,000 miles of borders. Individuals who want to emigrate into the country must go through these ports and undergo inspection by INS agents. There are different procedures for dealing with the entry of immigrants who want to move to the United States, for those seeking asylum, and nonresidents who want to study in the country.

Individuals who want to stay in the United States as legal permanent residents must be issued an Alien Registration Card (often called a green card) by the Immigration and Naturalization Service. This Green Card allows aliens who have permanent resident status to travel between the United States and other countries freely, as long as they keep their permanent home within the United States.

This card is the first step towards receiving American citizenship. Aliens who have had this Green Card for five years can apply for citizenship and if accepted, can be sworn in and become naturalized citizens. More information on immigration to the United States can be found through the USCIS branch of the Immigration and Naturalization Service.

Controlling United States Borders

The United States government has a quota system that controls the number of green cards issued annually. Because of this restricted quota, there is a steady stream of illegal or undocumented aliens who come into America and work in low-paying jobs that are offered by unprincipled employers.

The Immigration and Naturalization Service works to limit the amount of illegal aliens who come into the country through the through its U.S. Customs and Border Protection. They secure the borders by sea, land, and air. The Immigration and Naturalization Service also works to uncover circumstances of exploitation of these aliens and imposes harsh criminal penalties for doing so.

The Immigration and Naturalization Service also tries to identify and remove criminal aliens the country. This anyone those who have has a criminal record from other countries, or those who try to subvert the American government.

How Do I Replace My Birth Certificate?

How Do I Replace My Birth Certificate?

 


Introduction

 

 

Every jurisdiction, usually states but sometimes municipalities, maintains a record of all births for the purposes of vital statistics.  Counties generally hold these documents under the auspices of state law.  Birth certificates are individual documents that comprise a record and a certified copy can be obtained at any given time by the holder of the document.  The original remains on record in the county office.

 

 

What information appears on a birth certificate?

 

 

Although there is no official form for birth certificates, the U.S. National Center for Health Statistics maintains a standardized form that is recommended for use by the states.  

 

 

What is a short form?

 

 

A short form certificate confirms the existence of the original or “long form” document.  Select information from the birth certificate is on this document and this information is stored electronically for easy access.  Some may prefer to use the short form certificate as proof of birth, but the parent’s names many not appear which may be necessary for certain government documents and services such as applying for a passport.  

 

 

What is not my birth certificate?

 

 

Souvenir birth certificates, issued by the hospital where the baby was delivered are not legal documents.  You can recognize these documents as it typically has the footprints of the newborn baby imprinted on it.  You should never contact the hospital for a replacement birth certificate.  Even if you receive another souvenir certificate, it is next to useless.

 

 

Where do I go to replace my birth certificate?

 

 

The process will vary from state to state, but generally speaking, the country clerk will have the birth certificates on record at the Clerk’s office.  You may not need to visit the county clerk or register as many of these offices have procedures by which an individual can mail a request to the office, with payment via a check and requisite documents completed.

 

 

In some populous counties, such as Nassau County, New York, the individual municipalities and villages will have their own clerks so an individual born in Nassau would contact the local clerk rather than the country clerk.  The county does maintain records prior to 1935, before the responsibility was regulated to the counties, so those seeking a certificate before that time should contact the county clerk if such a split is present.  In less dense counties, such as Lincoln County, North Carolina, the record is available through the register of deeds and any individual that fills out a request form, presents an ID and $10 per copy requested can obtain a certified copy of a birth, death or marriage certificate.

 

 

Additionally, you can obtain a copy of your birth certificate directly from the state.  In New York State for example, non-New York City residents can obtain a vital record from the New York State Department of Health by writing to the provided address, paying a fee of $30 per copy (via check) ad providing government issued photo identification.

 

Inalienable Rights

Inalienable Rights

What are Inalienable
Rights?

Inalienable rights (also referred to as natural or human
rights) are rights awarded to human beings that may not be taken away by a
religious or governmental institution, except in specific situations and according
to due process of the law. For instance, the right to liberty may be limited if
an individual is found guilty of a felony by a formal court of law.

 Inalienable rights
are rights that are not dependent upon the customs, beliefs or laws of any particular
government or culture. Because of this standing, inalienable rights are
universal. These rights are distinct from legal rights, which are those
bestowed on to an individual by the law of a particular jurisdiction’s legal
system, and thus are relative to specific governments and cultures.

A legal right may be codified by a statutory, constitutional,
contractual, common, and regulatory or international law. A legal right is
typically qualified by the law which created the right. A legal right can be
enforced by the court of law against the individual who has invaded or
infringed upon it. The right may be enforced by an injunction or a court order,
which will prohibit the other part from infringing upon a right, through the
delivery of monies to the holder of the legal right. If an individual’s right
to liberty is violated, the individual may bring an action so that a court of
law may order the party’s release.

By contrast, the theory behind a natural or inalienable law
is related to that of a human right—many societies do not recognize a
difference between the two fields of law, while others will choose keep the
terms separate to eliminate features that are associated with natural rights.
In a specific sense, natural rights are provided and upheld beyond the
authoritative capabilities of any international body or government. The
Universal Declaration of Human Rights is the premiere legal instrument
responsible for enshrining a conception of natural rights into international
law.

Inalienable rights are commonly interpreted and understood
as the fundamental rights to which an individual is inherently entitled to,
simply because they are human beings. As a result of this definition,
inalienable rights are conceived as egalitarian and universal. The doctrine of
inalienable rights is international in theory and practice; these rights are
placed within global, international and regional institutions and in the
policies of non-governmental entities throughout the world.

 

Philosophy of
Inalienable Rights:

The philosophy of inalienable rights will attempt to examine
the basis of the concept of human rights and examines its justification and
content. One of the most widely accepted philosophies concerning inalienable
rights attach the universal rights to natural law. Other theories state that
inalienable rights codify general moral behavior sculpted as a human social
product developed by a process of social and biological evolution.

Regardless of the approach, these philosophies examine the
general notion that human beings in a society accept and subsequently behave rules
from legitimate institutions in exchange for economic and security advantages.

The two primary theories that dominate contemporary
inalienable rights discussions are the will theory and the interest theory. The
will theory attempts to establish the validity of inalienable rights based on
the human capacity for freedom, whereas the interest theory claims that the
principal function of inalienable rights is to promote and protect certain
indispensable human interests.

 

What are Human
Rights?

Human rights, which are a form of inalienable rights, are
the rights inherent to all beings, regardless of their place of residence,
nationality, gender, ethnic or national origin, religion, language or any other
status. As a result, all human beings are entitled to human rights without
discrimination. Human rights are interdependent, indivisible and interrelated.

These types of inalienable rights are typically expressed
and guaranteed by a nation’s set of laws, their treaties, and a customary
application of international law, general principles or any other source or
interpretation of international law. Because of these legal buttresses, human
rights enforce certain obligations of a government institution to act in
certain ways or to refrain from implementing certain acts, to protect and
promote the fundamental freedoms of human beings.

The principle of human rights is based on the cornerstone of
international law. The principle of international human rights law was formally
emphasized in the Universal Declaration on Human Rights in 1948. Since this
implementation, human rights have been reiterated through a number of
international human rights conventions, resolutions and declarations. For
example, the 1993 Vienna World Conference on Human Rights enforced the States
to protect and promote all human rights and freedoms, regardless of the
cultural, economic and political systems.

All states associated with the Declaration on Human Rights
have ratified at least four of the core human rights treaties. This majority
implementation creates legal obligations for the attached governments to
promote and protect such rights on a universal level. Human rights are
therefore deemed inalienable rights; they should never be stripped from an
individual, except if the person seriously violated a law or under specific
situations.

All human rights, whether they are political or civil, are
interdependent and indivisible. For example, the right to life, the rights to
work, the rights to receive education, or collective rights, such as the rights
to self-determination and development are interrelated, interdependent and
indivisible. These rights although different with regards to what they offer
are related; the promotion of one right will facilitate the advancement of
another, while the deprivation of one will adversely affect the others.

 

Rights offered by the
Universal Declaration of Human Rights:

Article I: Human
beings are born equal and free. Human beings are endowed with conscience and
reason and should interact with one another in a spirit of brotherhood.

Article II: All
human beings are entitled to the freedoms and rights set forth in their
nation’s Declaration. These inalienable rights are awarded without distinction
of any fashion, such as the color, language, religion, political or race of a
being. Moreover, no distinction will be made on the basis of international,
political or jurisdictional status of the nation to which an individual belongs
or resides.

Article III: Every
human being possesses the right to liberty, life and security.

Article IV: No
human being will be held in servitude or slavery; the slave trade is prohibited
in all forms.

Article V: No
human being is subjected to cruel punishment. Torture or degrading treatment of
an individual shall not be used as a form of punishment.

Article VI: Every
human being maintains the right to recognition as a human before the law.

Article VII: All
human beings are regarded as equal before the law. As a result, all human beings
are entitled to equal protection. All human beings are entitled to equal
protection against any form of discrimination in violation of the Universal
Declaration of Human Rights and against any form of incitement to such
discrimination.

Article VIII: All
human beings have to right to secure an effective remedy by competent tribunals
for acts which violate the fundamental rights granted to the individual by the
constitution or law of the nation.

Article VIII: No
human being shall be subjected to arbitrary detention, exile or arrest.

Article X: Every
human being is entitled to a fair and public hearing by an impartial and
independent tribune, in the determination of the individual’s obligations and
rights and of any charge against him or her.

Article XI: Any
human being charged with a penal violation will be presumed innocent until he
or she is proven guilty according to law in a trial. No human being shall be
deemed guilty of any offence on account of any omission or act which did not
establish a violation under national or international law at the time it was
committed. 

Article XII: No
human being will be subjected to arbitrary interference with the individual’s
family, privacy, home or correspondence. Every human being has the right to be
protected by law against attacks or interference.

Article XIII: Every
human being has the right to freedom of residence and movement. Every human
being has the right to leave any nation, including his own, and the right to
return to his nation.

Article XIIV: Every
human being has the right to enjoy and seek in other nations asylum from
persecution.

Article XV: Every
human being has the right to a nationality.

Article XVI: Human
beings of a legal age possess the right to marry and start a family. These
individuals must enter marriage only if full consent of the spouses is
realized. The Universal Declaration of Human Rights states that the family is
the fundamental unit of a society and is therefore entitled to protection by
the society in a nation.

Article XVII: Every
human being has the right to own property; no individual shall be deprived of
the right to own property.

Article XVIII: Every
human being has the right to freedom of thought, religion and conscience. This
human right includes the right to change religions or beliefs.

Article XIX: Every
human being has the right to freedom of expression and opinion. This human
right includes the freedom to hold opinions without being impeded from seeking,
receiving or interpreting ideas through any form of media.

Article XX: Every
human being has the right to freely assemble and associate in a peaceful manner.
No human being may be compelled to belong to any organization or association if
said groups do not break the law.

Article XXI: Every
human being has the right to participate in his or her nation’s government,
directly or through its representatives. Every human being has the right of
equal access to serve in his or her country. The will of people is the basis of
the authority of a government.

Article XXII: Every
human being, as a member of society, has the right to social security.

Article XXIII: Every
human being has the right to work. Humans are awarded the right to choose
employment and are awarded favorable conditions in their work environment.
Human beings are awarded financial protections against unemployment. Every
human being has the right to join or form trade unions for the protection of
the individual’s interests.

Article XXIV: Every
human being has the right to rest and vacation; these rights are awarded to
limit working hours and provide holiday periods with pay.

Article XXV: Every
human has the right to enjoy a standard of living that is adequate for the
well-being of him or herself. These rights include the right to secure
clothing, housing, medical care, social services and food. Education is also
directed to develop human beings and strengthen the respect of human rights and
freedoms. The delivery of education promotes the understanding and unification
of race, religious groups and nations. Parents enjoy the right to choose the
type of education that shall be provided to their children.

Article XXVI: Everyone
has the right to receive education. Education is offered as free at least in
the fundamental stages of a child’s life. Elementary education is compulsory.
Professional and higher education is available and accessible on the basis of
merit.

Article XXVII: Every
individual has the right to participate in the community and has the right to
enjoy the arts and to share in the advancement of the practice. Every human
being is awarded the right to protection of their material and moral interests
resulting from any artistic production of which he or she is the author.

Article XXVIII: Every
human being is awarded the right to receive any liberties or rights expressed
in their nation’s constitution.

Article XXIX: Every
human being is responsible for bolstering the community through the
construction of a free and fully personality.