The Rule of Law and Human Rights

               This post is a summary of the book published with the incomplete title above in 2017 at     http://www.undp.org/content/undp/en/home/librarypage/democraticgovernance/access_to_justiceandruleoflaw/rule-of-law-annual-report-2016.html The second summary is the article published at http://www.unesco.org/new/en/brasilia/social-and-human-sciences/human-rights/. The third was published at  https://kellogg.nd.edu/publications/workingpapers/WPS/256.pdf

                   2016 proved to be a challenging year in many regards, as the world witnessed worrying trends towards the closing of civic space, a rise of fear-based politics, and the increasing discriminatory acts against marginalized groups. Cohesive societies are a precursor for sustainable development, people can not realize their full potential nor actively contribute to their community without basic safety and security. To this end, UNDP's Global Programme on Strengthening the Rule of Law and Human Rights for Sustainable Peace and Fostering Development is designed to increase justice, security, and respect for human rights in contexts affected or threatened by crisis, conflict, and fragility. Over the course of many years working in complex contexts, we have learned that the cycles of violence, poverty, corruption, and impunity can rarely be escaped without programmes that are designed to mitigate the root causes of these issues. Furthermore, UNDP (United Nations Development Programme) supports national human rights institutions and civil society organizations to monitor and document abuses. This information is essential to effectively promote warning and action. Additionaly, UNDP supports transitional justice processes that serve to encourage societal healing through truth telling, provide justice and reparations for victims, and help guarantee non-recurrence. Lastly, UNDP's efforts to reform laws and integrate human rights principles into policy and practice help create institutional change to shift power dynamics, promote equality, and sustain progress. The rule of law fulfills an important stabilizing role amid the vagaries and turmoil of daily life and rapid tecnological and social developments. It is meant to be a voice of reason, especially in times of turbulence. To be true to its founding ideas of justice and equality, the rule of law also requires progressive thinking, anticipating, interpreting, and developing. It is incumbent upon us to rise to the challenge of today's world and to chart the way forward, informed by the values and principles of humanity. National leadership and government structures need to have the political will to uphold the rule of law, honor the social contract, and value social and political inclusion. Progress in these areas enables the rule of law to be embedded in socio-political culture and value and builds trust between the authorities and society at large. Rule of law institutions are frequently undermined by factors such as conflict and violence, criminality, sociopolitical marginalization, or systematic human rights violations. These circumstances, whether individually or collectively, disrupt the accessibility of effective justice and tarnish the legitimacy of the institutions responsible for delivering these services. Strengthening the rule of law through security and justice service that are inclusive, governed effectively, counter impunity and follow international standards is critical for driving development. Human rights constitute an important and objective tool to understand and address the inherent power issues underlying most contemporary development challenges. The establishment of oversight commissions can have a true impact in the reduction of human rights violations. Thus, integrating human rights principles within targeted rule of law support is key to sustaining transformative change and enhancing the rule of law, access to justice, and resilience. UNDP supports member states to expand access to justice, this includes the uses of mobile courts to resolve matters in hard-to-reach areas. Additionally, helping people to understand and enforce their rights, as well as access remedies, is crucial for long-term impact. UNDP engages in community legal awareness programmes and works directly with justice and security institutions to address the needs in accessing justice.

              The discussion on human rights and technical and political actions related to the theme have mobilized the national media. Consequently, it has increased the Brazilian society's awareness to extremely important issues for fostering citizenship and the respect for human rights. Despite considerable and innovative work in promoting human rights, Brazil still has some challenges: 1) There is no expressive understanding of the universality and indivisibility of civil, political, social, economic and cultural rights. 2) There is still a large number of people who continue to encounter major difficulties in exercising their citizenship and their basic rights. UNESCO understand that, only by mobilizing all social actors directly or indirectly involved in human rights defense, the movement can contribute to the promotion of citizenship, to the consolidation of democracy, and to widespread access to justice. Such advancements are essential in leading the country to build and strenghten a culture of human rights and a culture of peace. Human rights education is an integral part of the right to education and is increasingly gaining recognition as a human right in itself. Knowledge of rights and freedoms is considered a fundamental tool to guarantee respect for the rights of all.

            The present conjuncture of democratic consolidation, understood as continuous attention to a minimal list of prerequisites, such as: freedom of opinion, mechanisms of government accountability, and state commitment to the protection of human rights, constitutes a privileged moment to understand the persistence of authoritarian practices. Lack of transparency, lack of accountability, and impunity are the pillars of traditional economic and political domination. With the additional problem of monopolistic control over the media, transparency and the strengthening of democratic institutions become impossible. By holding elected officials and State bureucrats responsible to the voters, transparency through the media is an indispensable aspect of confronting human rights abuses. Brazilians live with the paradox of rigorously defined constitutional guarantees yet very weak citizenship. The constitution brought enormous progress to the protection of individual rights by conferring special treatment on human rights, recognizing their universality and immediate applicability. This gap between formal guarantees and violations persist because it corresponds to the discrepancy between the letter of the constitution and the functioning of the institutions charged with its protection and implementation as well as the practices of their agents. The legal framework defined by the Constitution allowed several institutions to achieve autonomy and improve their performance. A long list of new legal machanisms for enforcing constitutional provisions has come within reach. Many serious human rights violations would be drastically diminished through political reforms, better control over repressive apparatus, and improved functioning of the judiciary, even in the current legal framework. Significant improvements occurred in the structure of the federal Attorney General's office as a result of the powers and the autonomy guaranteed by the 1988 constitution. The constitution provides for federal jurisdiction over human rights violations. It is clear that no government policies and institutional reforms will have much chance for success without the mobilization of civil society. In this context the World Conference on Human Rights in Vienna, 1993, recognized, "the important role played by NGOs in the promotion of human rights and humanitarian activities". The Conference on Human Rights recognizes the value of the contribution of these organizations in raising public awareness of human rights issues, educational activities, training and research in this area, and in the promotion and protection of human rights and fundamental freedoms.