Human Rights Research Task| Stoning In Iran| Daleen Conradie 11(O)| “You are a human being. You have rights inherent in that reality. You have dignity and worth that exists prior to law. ” Lyn Beth Neylon Definitions Human Rights: Human rights are the basic freedoms as well as rights that all humans are entitled to. These human rights include the right to life, freedom of thought and expression as well as equality. Human Rights Violation: A violation of Human Rights is when someone has been discriminated against or has made it unable for someone to receive their basic freedoms or rights. Cultural Relativism:
Cultural Relativism is the principle when someone’s activities and beliefs have to be understood according to their own individual cultures. Religious Relativism: Religious Relativism is the principle when someone’s activities and beliefs have to be understood according to their own individual religions. Stoning In Iran What is Stoning? Stoning is a way of punishment where stones are thrown at the victim until they die. As a group complete this punishment no one can be held responsible for killing the person. This form of execution can be seen as a form of torture as it is slower than other forms.
It is also said to be one of the oldest forms of execution that has been practiced in many areas of the world however most commonly in the Middle East and sub-Saharan Africa. There are certain crimes that by the law of the country or community are punishable by death from stoning. If someone is accused and it is agreed by the people in power of the community they are put to death by stoning, even if there is no evidence to support the accusation. If the victim is a male they are buried up till their waste while a female is buried up until her shoulders. They are then thrown with stones by the volunteers in the community.
These stones are picked specially to their size as they must be able to cause physical pain without causing death immediately. The stoning lasts until the person has died which on average is between 10 to 20 minutes. The family of the victim are forced to watch as well as sometimes take part. It all depends on what the punishment entails. The law of stoning however also allows the person to go free if they are able to escape however this is not always followed as many that escape are then shot. Human Rights Violation: When someone does not allow them to have their human rights it is seen as they treat them as if they are less than human.
It creates the sense that they do not deserve respect or dignity. All individuals are entitled to justice, life and physical safety in order to grow in a safe and nurturing environment. There are many ways to violate rights but governments have created laws to restrict the “crimes against humanity” however individuals as well certain groups of people till break these law for their own selfish reasons. Unfair trial: In cases of stoning the judges are allowed to someone sentence someone to stoning without asking for permission from the government as well as often without proof of the crime.
Iran law allows a judge to sentence someone based on their “knowledge. ” This means that someone will be put to death not based on evidence but rather on the feelings of the judge. This means that many cases are unfairly tried. Abuse towards Women: “Right to life, liberty, and security of person without distinction of any kind, including sex” (Articles 2 and 3 of the UDHR) (http://www. stop-stoning. org/node/10) Most of the victims of stoning are women who have been discriminated due to their statutes, customs or values.
In actions that can be seen as violating normal behaviour, women are more likely to be assigned the guilt especially in the cases of adultery. The women in these relationships have a higher chance of being stoned to death while the men will receive less severe or even no punishment. Cultural or Religious Context: In past history, stoning has been seen as tradition in many cultures and religions including Jewish and Greek communities. Stoning now is associated with Islam and Muslim cultures however there is no mention of stoning in these their religion book, the Quran (religious text of Islam. The only mention is implied in the Hadith (narrations concerning the words and deeds of the Islamic prophet Muhammad) when the Prophet Muhammad dealt with the Jewish Law. There have been many debates within Muslim religious communities as well as many people have spoken out against stoning saying it humiliates and defames Islam even though it is not accepted as Islamic Law. Due to this many Muslim nations have now banned death by stoning however there are still many countries that either under law or due to the community still uses stoning as a form of punishment.
In Iran many Muslim people believe that stoning can be seen as Islamic however there is no proof to show that this is part of either religion. Effects on Society due to Violation of Human Rights: As there is an unfair treatment the people in the community then become afraid as well as they are unable to prove their innocence due to them being convicted based on a feeling of the judge. The people within the society live in fear and therefore there is then no unity in the community. Friends are lost during stoning as they can be the ones who are throwing the rocks. Women are treated the worse as they are seen as weaker and less important.
This means that the word of men over power those of women. If a women is able to prove her innocence yet a man is has evidence to prove she is guilty even if the evidence it is not sufficient, the word from men will be taken and women will be punished. The violation of human rights creates an environment of fear and discrimination. How Violations of Human Rights Restrict the Dignity and Development of Human Beings: “Dignity is a term used in moral, ethical, and political discussions to signify that a being has an innate right to respect and ethical treatment. ” en. wikipedia. org/wiki/Dignity
When someone does not receive their human rights they lose a part of being a human being. Those who violate rights take away something from humans; they do not give them the respect or treatment that they deserve which means that they do not have dignity. It has been taken away from them with no reason. The effect of this is that the person can then live in fear or they do not fully develop as they do not have the basic forms of security. Unfair trials or accusations mean that humans are not treated as equal. They need to have certain material objects or statuses in society in order to receive treatment that they deserve.
They are not seen as innocent until proven guilty; they are seen as guilty based on one person’s opinion. When women are abused or seen as less superior they are also not treated as equal. They are discriminated against which can make them feel worthless. This can cause them to be unable to fully grow and develop into independent human beings as they have not been given the opportunity to achieve their full potential. When humans grow up in hard situations they are more prone to making wrong live decisions or they just do what they are told as they have not be exposed to the freedom of making their own choice.
Unique cases show how the human spirit can’t always be broken so these people are able to fully develop however if they are never exposed to this hope, to certain human rights, they will conform and live by societies rules even if it mean stoning someone to death. As of 2010, stoning is still practiced in: Saudi Arabia Afghanistan Somalia Nigeria Sudan Iraq Iran “If cultural and religious practice is protected by the constitution, do you believe that it is then acceptable/ justifiable to practice the specific example you have researched. Certain cultural and religious practices are protected by the constitution as they are protecting the human rights that state one is allowed to practice the religion or culture they chose without being discriminated against. However there has to be a balance between human rights and beliefs as one can’t neglect one of them as they are both protected by the constitution. There have been many negotiations between these two points of view and many religions and countries have reached an agreement. This is not however.
Stoning is seen as part of the Islam cultures however it is not stated in the Quran. This means that the cultural and religious point of view is not justifiable as stoning is not a religious practice. Many of the countries where stoning still takes place, such as Iran and Afghanistan, are part of the International Convention of Civil and Political Rights. Article 6 of the ICCPR states that “in countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes” (http://www. stop-stoning. rg/node/10) Adultery is not a serious crime however people are still executed cause of these crimes as well as they are tortured which is a violation of the Human Rights, ICCPR and the Law of certain countries. If a cultural and religious practice is protected by the constitution it can be accepted to practice it if it is within the boundaries of human rights as human rights are also protected by the constitution. Death by stoning is not a religious practice therefore it isn’t protected by this part of the constitution as well as stoning for the crime of adultery is not allowed according to agreements made.
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