biographiesofFranzKafka

  • Subscribe to our RSS feed.
  • Twitter
  • StumbleUpon
  • Reddit
  • Facebook
  • Digg

Monday, 27 May 2013

SHIRIN EBADI - The framework of democracy is human rights law

Posted on 04:38 by Unknown
Democracy is more of a culture than a way of governing or a political system. It is a historical process that must go through its evolution. No country can be a quasi democracy. It is in fact democratic people that make a society democratic, says Nobel Peace laureate Shirin Ebadi


Democracy in its classical definition means the rule of the majority. However, a majority that gains power through free elections does not have the right to govern in any way it wishes. Let us not forget that many of the world's dictators were actually elected to power thanks to the majority vote of the people, such as Hitler. Democracy has a framework that must be observed. But what is the framework of democracy? The framework of democracy is human rights laws.
In other words, the majority who has gained power can only perform within the framework of the laws of human rights and cannot violate those laws. No majority in power can use religion as a pretext to oppress half of the population of society, in other words women. One such example is the oppression that women in Iran are currently suffering in the name of Islam. No majority in power should have the right to prevent freedom of speech in the name of ideology, as demonstrated in Cuba and China. No majority in power should have the right to limit civil liberties, as in the case of the United States of America, where they listen to their citizens' telephone conversations, monitor their emails or inspect their postal packages.
In light of the above, governments do not gain their legitimacy merely through votes of the people and ballot boxes. They gain their legitimacy through both votes of the people and respect for human rights. Pretexts for violation of human rights such as cultural relativism, religion and ideology, are not acceptable.
The current contention that in some countries, such as Turkey, Egypt and Tunisia, Islamic political parties have managed to gain power through elections is an important one. Such governments justify violation of human rights in their respective countries by resorting to Islam. For example, the Islamic Republic of Iran claims to derive its power and legitimacy from religion and not from the ballot box, hence it enforces punishments including the cutting off of a thief's hand and death by stoning. In other words, to justify their political systems, non-democratic Islamic states maintain that Islam and democracy are not compatible; that democracy is a Western concept that cannot be implemented in Islamic states because, even if supported by the majority in a society, they cannot adopt any decisions that are in contravention of Islamic rules. For instance, Parliament cannot approve sale of alcoholic beverages because it is forbidden by Islam.
Such groups interpret Islam in a manner that serves to justify their political objectives. They flatly dismiss other Muslims' interpretations as null and void. In their view, any criticism of the government's performance is tantamount to criticism of Islam. And they silence their opponents with the weapon of apostasy. They see themselves as representatives of God on Earth and interpreters of Islam, and maintain that the people have no choice but to obey. Such individuals seek to justify their views by using terms such as "Islamic democracy," which they define as absolute democracy.
Conversely, progressive Muslims are of the opinion that, firstly, Islam, like any other religion, has different interpretations; that one must not abide by the interpretation given by an Islamic government but instead avail oneself of the more up-to-date interpretations. Secondly, despite the fact that the Shari'a law is respected and considered binding by Muslims, the management of society must be based on the exigencies of time and place. For instance, if parliament in an Islamic country has legalized the sale of alcoholic beverages, the issue pertains to the management of the country, hence permitted. It is not relevant to the Shari'a law and it is down to the Muslim individual to determine for himself/herself that buying and selling alcoholic beverages is against Islamic instructions, hence his/her conscience would rule on the matter. 
To put it more precisely, separation of state from religion in effect safeguards the sanctity of religion. So it becomes a personal and moral issue. As a consequence, such governments' means of exploiting religion would be impeded. Thus, progressive Muslims hold the opinion that Islam cannot be used as pretext of permission for ignoring democracy. Moreover, [they maintain that] democracy is a universal concept; it has no relation to East or West. Nor do they regard it as an imported commodity, but believe that it can be implemented in any society or culture. Democracy means respect for the free will of the people. And as testified by Islamic history, this is not an issue Islam is against. For example, after the conquest of Mecca the holy prophet embarked on the establishment of an Islamic government. To take over the helm he called on the people to swear their allegiance to him – swearing allegiance is tantamount to voting.  According to historical accounts, some individuals refused to swear allegiance to the prophet, yet they were allowed to live freely on Islamic territory.  Hence, how can it be claimed in the 21st century that Islam is not compatible with democracy? Democracy cannot be disregarded in the name of Islam.
At this point, two issues should be highlighted:
Firstly: Democracy is more of a culture than a way of governing or political system. It is a historical process that must go through its evolution. No country can be a quasi democracy. It is in fact democratic people that make a society democratic.
Secondly: There are different degrees of democracy. Democracy is not an absolute concept. A state may be considered democratic relative to another state and non-democratic when compared to another... read more:
http://www.opendemocracy.net/5050/shirin-ebadi/framework-of-democracy-is-human-rights-law
Email ThisBlogThis!Share to XShare to FacebookShare to Pinterest
Posted in critical theory, human rights, justice | No comments
Newer Post Older Post Home
View mobile version

0 comments:

Post a Comment

Subscribe to: Post Comments (Atom)

Popular Posts

  • Book review: The Frankfurt School at War - the Marxists Who Explained the Nazis to Washington
    Secret Reports on Nazi Germany: The Frankfurt School Contribution to the War Effort ,  by FRANZ NEUMANN, HERBERT MARCUSE, and OTTO KIRCHHEIM...
  • Al Worden: ‘The loneliest human being’
    What’s it like to be the most isolated human in all eternity? BBC space correspondent meets Al Worden, command module pilot of Apollo 15, wh...
  • Academic reforms and DU's circus of reason
    हम होंगे baccalaureate  हम होंगे baccalaureate  Associate baccalaureate  एक दिन हमे VC में है विश्वास पूरा है विश्वास हम होंगे baccalaureate...
  • VIJAY PRASHAD: Mr. Modi Wants to Come to America
    ... Modi has been at the helm in that state since 2001. The following year, in 2002, Modi presided over the mass killing of Muslims by his p...
  • Atheist Siddaramaiah and God's changing role in politics
    K. Siddaramaiah, a rare Indian politician who wears his atheism on his sleeve, took the oath as the next chief minister of Karnataka on Mond...
  • Kabita Chakma: Sexual violence, indigenous Jumma women & Chittagong Hill Tracts, Bangladesh
    There has been a high rate of violence against women all over Bangladesh in recent years. Kapaeeng Foundation figures for January 2007 to De...
  • The Act of Killing is being hailed by critics as one of the best films of the year
    'You celebrate mass killing so you don't have to look yourself in the mirror'  Joshua Oppenheimer went to Indonesia to make a d...
  • PAUL KRUGMAN - Hitting China’s Wall
    All economic data are best viewed as a peculiarly boring genre of science fiction, but Chinese data are even more fictional than most. Add a...
  • अयोध्या : तीन पीढ़ियां तीन दृष्टिकोण - के पी सिंह, फैजाबाद
    जन्नतनशीन रहीमुल्ला के एक दिसम्बर, 1936 को पैदा हुए बेटे लाल मोहम्मद 22-23 दिसम्बर, 1949 की उस रात के गिने-चुने प्रत्यक्षदर्शियों में से हैं...
  • MURTAZA HAIDER - Islam at war – with itself
    Muslim societies have thus evolved into places where revenge is confused with justice, forgiveness with weakness, and peace with cowardice. ...

Categories

  • A K Ramanujan's Three Hundred Ramayanas (1)
  • Afghanistan (7)
  • Africa (9)
  • Ahimsa (17)
  • animals (2)
  • Art (4)
  • Astronomy (9)
  • Bangladesh (23)
  • birds (5)
  • Books and literature (40)
  • Burma (4)
  • CARTOONS (2)
  • censorship (33)
  • childhood (15)
  • China (23)
  • communalism (85)
  • corruption (24)
  • critical theory (34)
  • current affairs - India (139)
  • current affairs - international (51)
  • democratic protest (40)
  • Dilip's notes and articles (6)
  • ecology (36)
  • economics (23)
  • education (14)
  • energy (2)
  • Evolution (2)
  • films (3)
  • Global War and Violence (52)
  • history (81)
  • human rights (89)
  • Indian culture (13)
  • Japan (2)
  • justice (100)
  • labour matters (27)
  • media (26)
  • medicine (6)
  • Middle East (27)
  • mining (13)
  • music (2)
  • naxalism (20)
  • Nepal (2)
  • Obituary (6)
  • organised crime (30)
  • Pakistan (30)
  • Palestine / Israel (5)
  • Partition related texts (3)
  • philosophy (10)
  • Photos (16)
  • Poetry (2)
  • religion (23)
  • Russia (10)
  • Sampradayikta Virodhi Andolan (2)
  • satire (2)
  • science (20)
  • short stories (2)
  • Social networking (8)
  • Sri Lanka (2)
  • the human mind (36)
  • the oceans (6)
  • thinking about fascism (68)
  • Tibet (3)
  • women's rights (32)
  • Workers' movements (9)

Blog Archive

  • ▼  2013 (500)
    • ►  August (29)
    • ►  July (119)
    • ►  June (133)
    • ▼  May (114)
      • Subhash Gatade: HINDUTVA IN KARNATAKA - EXPERIMENT...
      • Germany fears revolution if Europe scraps welfare ...
      • Turkish police fire tear gas in worst protests in ...
      • Turkey: Ruling party member calls for the ‘annihil...
      • Pervez Hoodbhoy: PAKISTAN: WHY THEY KILLED ARIF SH...
      • Book review: Time Regained!
      • Khmer Rouge leaders say sorry for atrocities
      • Collateral damage? Maoists say sorry for killing B...
      • Aruna Roy resigns from National Advisory Council
      • HEATHER MCROBIE - What sex means for world peace
      • Ritwik Agrawal: Mannequin Lingerie Ban in Mumbai –...
      • Raymond Tallis - Philosophy isn't dead yet
      • PUCL Condemns Killings by Maoists // NAPM Condemns...
      • RAMACHANDRA GUHA - The continuing tragedy of the a...
      • The Last of the World War I Vets Speak
      • Moonrise from Space By Phil Plait
      • Pak agencies behind the killing of Arif Shahid: KN...
      • The Futility of Common Sense: An Essay on Ahimsa
      • Book on Mahatma Gandhi released in China
      • The Secrets of Easter Island
      • SHIRIN EBADI - The framework of democracy is human...
      • Ndeye Marie Thiam - Women of Senegal: agents of peace
      • Why Fire Makes Us Human
      • Zahi Hawass - the supreme chief of Egypt’s antiqui...
      • Dark matter - Lisa Randall’s Guide to the Galaxy
      • Quantum Magnetism Observed For First Time, Physici...
      • On the Salwa Judum (2008)
      • Himanshu Kumar: Remembering Mahendra Karma, the fo...
      • Himanshu Kumar: दरभा घाटी में अभी एक दुर्घटना हुई ...
      • NAPM Condemns the Ambush by Maoists in Bastar
      • Tunisian feminist blogger Amina Tyler jailed
      • Chile's Indians take on world's largest gold minin...
      • JAMAL KIDWAI: A History Lesson
      • The DU Vice Chancellor is a tyrant on the rampage/...
      • Mother-of-two confronted Woolwich attackers, thoug...
      • Archaeologists uncover nearly 5,000 cave paintings...
      • Violence continues in Stockholm as Swedish rioting...
      • Daniel Dennett, a cheerleader for Darwin and athei...
      • Facebook's violently sexist pages are an opportuni...
      • Iran's prisoners of conscience
      • Theodor Adorno - Education After Auschwitz (1966)
      • Campaigners in China challenge authorities over en...
      • Full Moon Over (it's beauteous enough to make you ...
      • MEREDITH TAX - Unpacking the idea of “Islamophobia”
      • MAIREAD MAGUIRE: Building a culture of love: repla...
      • Nayanjot Lahiri: History as a utility toolkit
      • A K Ramanujan works dropped from new DU syllabus
      • Stop Police Brutality Against Maruti Suzuki Workers
      • Meredith Tax on the changing status of Afghan wome...
      • NAPM strongly condemns the arrest of Madhuri Krish...
      • Maria Popova: Mark Twain and Rudyard Kipling Criti...
      • Greek addicts turn to deadly shisha drug as econom...
      • Earth And Sky Photo Contest 2013 Winners Revealed ...
      • How Varun Gandhi silenced the system - Tehelka expose
      • Nazes Afroz: Afghanistan after 2014
      • Electoral terrorism wins … for now - Masud Alam on...
      • China tries to rein in micro-bloggers for dissemin...
      • British male identity crisis 'spurring machismo an...
      • Chris Hadfield's photographs of Earth from space
      • Shekhar Gupta on Pakistan's elections: Allah and A...
      • Sohrabuddin Sheikh fake encounter case: CBI books ...
      • Atheist Siddaramaiah and God's changing role in po...
      • Book review: Albert Hirschman - An Original Thinke...
      • Climate Change To Shrink Animal And Plant Habitats...
      • Gatsby's heartbreaker: F. Scott Fitzgerald's self-...
      • Book review: Albert Camus‘ 'Algerian Chronicles’ /...
      • Judith Butler - ‘I affirm a Judaism that is not as...
      • Book review: A differing shade of green: Neolibera...
      • Michael Sandel and AC Grayling on markets, morals ...
      • Efrain Rios Montt, Former Guatemalan Dictator, Con...
      • Atmospheric CO2 Concentrations Highest ever in hum...
      • Putin’s war patriotism
      • Garga Chatterjee - Religious imperialism at the he...
      • Public Meeting on Shahbagh Movement: A beacon of h...
      • Pervez Hoodbhoy: Scientists & an atomic subcontine...
      • Ishrat Jahan encounter case: Cops protecting accus...
      • Modi’s Pals: CAG report indicts Gujarat government...
      • Godhra Investigations
      • Bansal or Mamata, top rail job postings reek of ir...
      • India's Child Soldiers: Thousands recruited, Gover...
      • Notes from the frontline of the war in cyberspace
      • Over 900 victims; Dhaka disaster world’s worst in ...
      • Seema Sirohi: As historic elections dawn, public m...
      • Pratap Bhanu Mehta - Phantom democracy
      • Pakistani prisoner Sanaullah Ranjay, who was attac...
      • Three more Tibetans self-immolate
      • A Muslim woman and a Brahmin widow
      • Exclusive interview with Noam Chomsky on Pakistan ...
      • Book review: The identity question - comment on Se...
      • Stephen Hawking joins academic boycott of Israel
      • Tariq Ali - 1963: from the Stones to Dr Strangelov...
      • 'An honest Minister keeps the Railways honest'
      • Narendra Modi magic fails in Karnataka
      • Aarti Tikoo Singh's extended interview with Tarek ...
      • Book review: The trouble with the Enlightenment
      • US Air Force Officer In Charge Of Sexual Assault P...
      • An open letter on undertrials: Adivasis need speed...
      • US panel wants Modi included on lookout list besid...
      • No Mr. Umari, Shahbagh Is No Imperialist Conspirac...
      • 22 dead as Bangladesh Islamists demand blasphemy l...
    • ►  April (100)
    • ►  March (5)
Powered by Blogger.

About Me

Unknown
View my complete profile