International Human Rights Law

It has also been found that reconceptualization of women, gender and development since the late 1970s has had an impact on human rights formulations. Feminists argue that it is not enough for human rights to be merely extended to women. abuses that stem from gender-based discrimination must be considered human rights violations. This redefinition of human rights standards entails shifting the focus from the public to the domestic sphere, where violations of women’s rights are most likely to take place. Moreover, by re-examining the notions of “public” and “private” in human rights discourse, one can better understand the significance of unequal opportunities for women in education, health and employment (Fenster, 1999, 93).

Human rights are being violated daily around the world. The most common situation that a violation of human rights occurs is that of the treatment of the foreignersi who are – usually – being differentiated in relation to the domestics of a state. The global development that characterizes our days has made the movement of persons a usual phenomenon. The establishment of the multinational enterprises – in association with their complex corporate governance – has created the need for constant movement and exchange of resources and capitalii. The transfer of their centers of production is usually followed by the relocation of hundreds of people who have then to adapt to a new working and living environment, sometimes not so friendly as the one they used to live (and vice versa).

In the above context, the temporary retention of people for safety reasons has been considered to be against the principles of law. According to R.K.M. Smith, the deprivation of a person’s liberty can only be accepted when there are serious reasons that impose detention as the only suitable measure. In any case, the whole procedure has to be done in accordance with the relevant legal provisions’ (Smith, R., 2005, 240)