Posted: June 28th, 2022

American law and human rights

Universal Declaration of Human Rights
Preamble
Whereas recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of freedom, justice
and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous
acts which have outraged the conscience of mankind, and the advent of a world
in which human beings shall enjoy freedom of speech and belief and freedom
from fear and want has been proclaimed as the highest aspiration of the common
people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last
resort, to rebellion against tyranny and oppression, that human rights should be
protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between
nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their
faith in fundamental human rights, in the dignity and worth of the human person
and in the equal rights of men and women and have determined to promote
social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in cooperation
with the United Nations, the promotion of universal respect for and observance of
human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the
greatest importance for the full realization of this pledge,
Now, therefore,
The General Assembly,
Proclaims this Universal Declaration of Human Rights as a common standard of
achievement for all peoples and all nations, to the end that every individual and
every organ of society, keeping this Declaration constantly in mind, shall strive by
teaching and education to promote respect for these rights and freedoms and by
progressive measures, national and international, to secure their universal and
effective recognition and observance, both among the peoples of Member States
themselves and among the peoples of territories under their jurisdiction.
Article I
All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one another in a
spirit of brotherhood.
Article 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration,
without distinction of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political,
jurisdictional or international status of the country or territory to which a person
belongs, whether it be independent, trust, non-self-governing or under any other
limitation of sovereignty.
Article 3
Everyone has the right to life, liberty and security of person.
Article 4
No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms.
Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading treatment
or punishment.
Article 6
Everyone has the right to recognition everywhere as a person before the law.
Article 7
All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any
discrimination in violation of this Declaration and against any incitement to such
discrimination.
Article 8
Everyone has the right to an effective remedy by the competent national tribunals
for acts violating the fundamental rights granted him by the constitution or by law.
Article 9
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10
Everyone is entitled in full equality to a fair and public hearing by an independent
and impartial tribunal, in the determination of his rights and obligations and of any
criminal charge against him.
Article 11
1. Everyone charged with a penal offence has the right to be presumed
innocent until proved guilty according to law in a public trial at which he
has had all the guarantees necessary for his defence.
2. No one shall be held guilty of any penal offence on account of any act or
omission which did not constitute a penal offence, under national or
international law, at the time when it was committed. Nor shall a heavier
penalty be imposed than the one that was applicable at the time the penal
offence was committed.
Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home
or correspondence, nor to attacks upon his honour and reputation. Everyone has
the right to the protection of the law against such interference or attacks.
Article 13
1. Everyone has the right to freedom of movement and residence within the
borders of each State.
2. Everyone has the right to leave any country, including his own, and to
return to his country.
Article 14
1. Everyone has the right to seek and to enjoy in other countries asylum from
persecution.
2. This right may not be invoked in the case of prosecutions genuinely
arising from non-political crimes or from acts contrary to the purposes and
principles of the United Nations.
Article 15
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to
change his nationality.
Article 16
1. Men and women of full age, without any limitation due to race, nationality
or religion, have the right to marry and to found a family. They are entitled
to equal rights as to marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the
intending spouses.
3. The family is the natural and fundamental group unit of society and is
entitled to protection by society and the State.
Article 17
1. Everyone has the right to own property alone as well as in association with
others.
2. No one shall be arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.
Article 19
Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers.
Article 20
1. Everyone has the right to freedom of peaceful assembly and association.
2. No one may be compelled to belong to an association.
Article 21
1. Everyone has the right to take part in the government of his country,
directly or through freely chosen representatives.
2. Everyone has the right to equal access to public service in his country.
3. The will of the people shall be the basis of the authority of government;
this will shall be expressed in periodic and genuine elections which shall
be by universal and equal suffrage and shall be held by secret vote or by
equivalent free voting procedures.
Article 22
Everyone, as a member of society, has the right to social security and is entitled
to realization, through national effort and international co-operation and in
accordance with the organization and resources of each State, of the economic,
social and cultural rights indispensable for his dignity and the free development
of his personality.
Article 23
1. Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal
work.
3. Everyone who works has the right to just and favourable remuneration
ensuring for himself and his family an existence worthy of human dignity,
and supplemented, if necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection of
his interests.
Article 24
Everyone has the right to rest and leisure, including reasonable limitation of
working hours and periodic holidays with pay.
Article 25
1. Everyone has the right to a standard of living adequate for the health and
well-being of himself and of his family, including food, clothing, housing
and medical care and necessary social services, and the right to security
in the event of unemployment, sickness, disability, widowhood, old age or
other lack of livelihood in circumstances beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All
children, whether born in or out of wedlock, shall enjoy the same social
protection.
Article 26
1. Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be
compulsory. Technical and professional education shall be made
generally available and higher education shall be equally accessible to all
on the basis of merit.
2. Education shall be directed to the full development of the human
personality and to the strengthening of respect for human rights and
fundamental freedoms. It shall promote understanding, tolerance and
friendship among all nations, racial or religious groups, and shall further
the activities of the United Nations for the maintenance of peace.
3. Parents have a prior right to choose the kind of education that shall be
given to their children.
Article 27
1. Everyone has the right freely to participate in the cultural life of the
community, to enjoy the arts and to share in scientific advancement and
its benefits.
2. Everyone has the right to the protection of the moral and material interests
resulting from any scientific, literary or artistic production of which he is the
author.
Article 28
Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized.
Article 29
1. Everyone has duties to the community in which alone the free and full
development of his personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be subject only
to such limitations as are determined by law solely for the purpose of
securing due recognition and respect for the rights and freedoms of others
and of meeting the just requirements of morality, public order and the
general welfare in a democratic society.
3. These rights and freedoms may in no case be exercised contrary to the
purposes and principles of the United Nations.
Article 30
Nothing in this Declaration may be interpreted as implying for any State, group or
person any right to engage in any activity or to perform any act aimed at the
destruction of any of the rights and freedoms set forth herein.

American law and human rights
Name:
Institution:

American law and human rights
Sex trafficking is a global issue in the twenty-first century, despite being included in international criminal law. Sex trafficking is the recruitment, solicitation, provision, obtaining, and harboring of an individual for commercial sex. Commercial sex act are done through fraud, force, or coercion, where individuals are made to engage in sexual activities unwillingly (Nichols, 2016). Mostly sex trafficking victims are children and women because they are the most vulnerable group of prople easily enticed and lured. Sex trafficking takes place out of involuntary servitude, coercion, commercial sex act, and debt bondage.
Sex trafficking is prohibited under the U.N. Universal Declaration of Human Rights, article three that states that everyone has the right, liberty, and security. Article three of the U.N. Universal Declaration of Human Rights protects women and children and other victims of sex trafficking from violence. Also, the human rights laws protect individuals from private agencies or government agencies violence, especially involving trafficking of persons (Worden, 2018). Trafficking of persons is a violation of human dignity under the united states laws.
On the other hand, article four of the U.N. Universal Declaration of Human Rights protects individuals and victims of sex trafficking. The article prohibits slavery and the slave trade of all forms. Sex trafficking is considering a modern form of slavery, where the united states and other countries have laws that prohibit slavery (Nichols, 2016). However, the form of slavery cannot be compared with the past. Sex trafficking is a form of slavery because the victim is subjected to forced labor, forces marriages, debt bondage, child marriages, pornography, and servitude. The form of slavery is prohibited under article four of the united states’ universal declaration of human rights (Bromfield, 2016). Also, sex trafficking subjects victims into torture and degrading treatment, protected under the UDHR article five. According to article five of the U.N. Universal Declaration of Human Rights, no one shall be subjected to torture, inhuman practices, or degrading treatments. However, sex trafficking is prohibited under article five (Nichols, 2016). Violation of the U.N. Universal Declaration of Human Rights is prohibited in the united states as a form of violating human rights.
Human trafficking is a business concerned with market issues, such as supply and demand, where supply is the victim and demands the customers (Bromfield, 2016). The victims of sex trafficking are women, and children, mostly from minority groups, African and Asian countries. The violators of sex trafficking, on the other hand, are the labor union, trade unions. Sex trafficking and other forms of human trafficking are a form of transnational organized crime supported by some government officials, such as law enforcement (Worden, 2018). According to international labor organizations, both local labor and trade organizations play a huge part in advocating for sex trafficking.
Women, men, and children are victims of sex trafficking, although women and children are the most targeted and impacted victims. Most government officials benefit and earn from selling and buying individuals for sex trafficking (Worden, 2018). For instance, the border police officers and political leaders as a form of political influence. Over the years, government complacency and complicity have been a big issue, especially where the government is expected to mitigate the human rights issue. The government and international organizations have joined hands in the fight against sex trafficking. The government is trying to fight the illegal business by placing border restrictions and developing policies concerning inspection before travel (Nichols, 2016). Despite the government’s efforts, most government agencies have developed a blind eye on the agencies involved in the illegal business, especially in Europe, where the agencies provide tax and other government revenues.
The united states government is currently on the front line to combat sex trafficking, especially women and children on transport networks, under a Palermo protocol. Under the trafficking victim’s protection act, the federal law has concentrated primarily on protecting sex trafficking victims in the united states and around the world. The Donald Trump administration ordered the united state’s taskforce and the senior policy operating group (SPOG) to combat trafficking in person, including sex trafficking and labor trafficking. On the other hand, the united states are focused on creating awareness and taking care of the victims by offering counsel and treatment to sex trafficking victims (Worden, 2018).
On the other hand, the united states have collaborated with international anti-trafficking programs to protect, prevent, ad prosecute sex-traffickers. The anti-trafficking programs have also been integrated into the government’s programs, such as the Fredrick Douglass trafficking victim’s prevention program. Also, the united states have created awareness of sex trafficking, which has included sex trafficked victims on the program to offer education and training to youths. Sex trafficking violation of article three, five, six, and four of the U.N. international decoration of human rights. The rights are collective and not individual. Hence the judicial system should relate and apply the laws based on the nature of human rights violation (Worden, 2018). The laws prohibit the violation of human rights collectively, men, women, and children. On the other hand, the international convention on civil and political rights (ICCPR) protects victims of sex trafficking and the process of sex trafficking under article six (Goździak, 2020).
The inter-American convection of prevention, punishment, and eradication of violence against women protect women from sexual violation, including sex trafficking of women under article three. The united states also use other independent laws, such as the ECPAT of the USA concerned with End Child Prostitution Child Pornography and Trafficking of Children for Sexual Purposes (ECPAT) (Nichols, 2016). The united states U.S. Constitution and Bill of Rights prohibit and protect an individual from sex trafficking under the thirteenth amendment passed in 1865, designed to prohibit slavery and involuntary servitude. The thirteenth amendment has been used together with the trafficking victim’s protection act of 2000 to prevent and protect individuals from sex trafficking. The California trafficking victim’s protection act and the TVPA protect individuals from sex trafficking, which has focused on both labor and sexual assault (Worden, 2018).
One of the recent cases concerning sex trafficking in the united states is that of the United States v. Glenn Marcus. The case involves use of internet to coerce Jodi the victim through creating an online relationship. According to the case, Marcus convinces Jodi to move to another state, where after refusal Jodi received threatening messages and abuse. Marcus however had videotaped Bondage, Dominance, Discipline, Submission, Sadism, and Masochism (BDSM), which he threatened to expose or open a website to sell the vidoes. However, the united states court charged Marcus with sex trafficking, obscene the materials through internet, and forced labor (Nichols, 2016). Based on the TVPA Marcus was charged with one hundred and eight-months imprisonment, where the defendant used an Ex post-Facto argument against juries’ decisions. According to the court, the constitution does not restrict conviction for an ongoing offense as long as the conviction was undertaken post-enactment conduct from 1999-2000.
The media has been the main source of information concerning sex trafficking based on the current news of human trafficking and the methods the government is taking to prevent and reduce sex trafficking. The media has the power to change human perspectives and shape public concepts concerning human trafficking. The media has been to encourage victims of sex trafficking to share their stories as a way of training and educating the public (Bromfield, 2016). According to research and observations, the media does not necessarily air issues concerning sex trafficking positively; mostly issues aired concerning sex trafficking affect victims of sex trafficking where the media changes the victim’s stories in an exploitative way. For instance, the media use the shock factor and mockery while discussing sex trafficking issues without respect (Nichols, 2016). The media also use various terminology that changes the public perspective while trying to beat around the bush, for instance, underage victims, instead of child sex trafficking.
On the other hand, the media tries to use stereotypical images, which sometimes provide the victims’ identity. Stereotyping images make it difficult for sex victims to come out and provide their true stories concerning their challenges as sex trafficking victims (Goździak, 2020). The media should avoid sensationalized images that affect the public or that portray that the victims are weak. The media should develop procedures that reduce and prevent sex trafficking instead of using stereotypes images for entertainment and complacency.
Sex trafficking is considered a serious federal civil rights issue in the united states. The united states department of justice consists of laws that ensure traffickers are punished and assist sex trafficking victims in acquiring justice. The united states department of justice and the courts seek to prioritize the steps to prevent and find gout about sex trafficking. The department also identifies potential sex trafficking victims and covers potential and top sex trafficking issues. Since introducing the federal sex trafficking criminals’ statutes, the united states courts have provided justice to sex trafficking victims (Nichols, 2016). The united states law enforcement department has worked on investigating and protecting the public from sex trafficking. However, the department of justice has provided various training services for law enforcement by providing referral programs and education to police officers.
According to public opinion on the human rights issue, sex trafficking is a form of a slave, where sex traffickers target men, women, and children from minority groups and communities that are disadvantages. Also, sex trafficking is a serious health issue that affects victims’ physical and mental well-being in the united states and across the world. Victims of sex trafficking can come from a different location and under different circumstances. Most victims of sex trafficking are from all races, sexual orientations, ethnicity, religion, and gender identities. However, victims of sexual assault are controlled and lured through the provision of jobs, physical assault, isolation, and shame (Nichols, 2016). Sex trafficking and sexual violence as the same consequences, especially mental illnesses, trauma, aggression, and behavioral changes. On the other hand, sex trafficking can be prevented by applying strict law, creating awareness around the topic, developing policies and programs to prevent sex trafficking, reducing demand for commercial sex, developing safe homes, and developing healthy behaviors in relationships.
The united state’s strategies and advocacy, especially the application of TVPA, thirteenth amendment, and United Nation Universal Declaration of Human Rights (UNUDHR), have helped prevent, reduce, and prosecute sex traffickers as a violation of human rights. The united states have been in the front line in reducing sex trafficking by ensuring the labor and trade organization undertake legit business across borders. The federal government has also imposed strict border authority to prevent sex trafficking as a global issue. On the other hand, the united states’ efforts to train and educate the law enforcement and the justice system on how t investigate and handle sex trafficking cases have assisted bring justice by prosecuting the offenders and setting free the victims, such as in Marcus V. United States. Compared to the past, the members of the united states are aware of human rights issues. Various organizations, including church leaders and educational institutes, have assisted in educating and creating awareness to reduce and prevent sex trafficking into and outside the country (Goździak, 2020).

References
Bromfield, N. F. (2016). Sex slavery and sex trafficking of women in the United States: Historical and contemporary parallels, policies, and perspectives in social work. Affilia, 31(1), 129-139.
Goździak, E. M. (2020). Low Hanging Fruit: How Domestic Minor Sex Trafficking Erased Foreign-born Victims of Child Trafficking from Anti-trafficking Efforts in the United States. Journal of Human Trafficking, 6(2), 226-233.
Nichols, A. J. (2016). Sex trafficking in the United States: Theory, research, policy, and practice. Columbia University Press.
Worden, D. (2018). Sex trafficking: towards a human rights paradigm. The International Journal of Human Rights, 22(5), 709-732.

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