Introduction
The United Nations achieved various tasks. The main aim of convention is to bring justice to those who went through torture. Torture according to the convention is causing pain and sufferings to a person in order to force him admit to crimes committed by another person. These types of pain include beating, electrocution, being poured water and many others. The UN convention therefore is meant to deal with types of atrocities. It is also meant to prevent more torture in future. Various countries had experienced war in the past. Innocent citizens have suffered in such kind of wars. Measures had to be put in place to avert such suffering. Various states have inflicted suffering to the citizens during wars (DeLuzio & Mancall, 2009).
Literature review
The states usually use its machinery to torture its people. Examples of such tortures include rape, murder, arson, being expelled from your country and many others. Fortin (2003) indicated that the UN convention put in place procedures which would help curb crimes related to war. It required countries to adhere to the rules and put a stop to torture. It also made sure that people are safe enough within their boundaries. The people who feel unsafe must not be forced by the state to come back home. According to John (2003), the government officials are to take full responsibility of there deeds. He also indicated that investigations of tortures are to be carried out promptly. Prosecution of the offenders is to be effectively implemented. Evidence of torture is outlawed in a court of law. Hence it is not allowed to be produced during trial. It is also agreed that any victim who had been tortured should be compensated for the atrocities committed on them. They also agreed that the state should not deport any person believed to have undergone torture.
This is to prevent state from possible cover up and scaring away people from testifying about the injustices. Pardeck (2006) indicated that the convention also came up with ways to implement resolutions made during the UN convention. A committee was instituted to deal with claims of torture. They were responsible for taking complaints for persons tortured and monitor convention. The committee was also in making reports to the convention. They were also responsible for instituting mechanisms that would resolve disputes. They could hear various disputes including from persons about violations of convention.
The committee also makes regular visits to areas most affected by war. They do so to collect facts and information from the people tortured. The UN convention is also keen in ensuring the rights of persons with disabilities are preserved. Cipriani (2009) reported that people who are disabled are usually neglected by the society. He further indicated that the people with disabilities need to earn respect in societies hence their rights needs to be protected. Cotter (2004) indicated that they should be accorded rights to participate in politics i.e. to seek political office or elect there representative, to access employment opportunities and to be educated.
Introduction
The UN convention however had various shortcomings. Most states did not implement what was agreed in the convention. Torturing of individuals was continued to be experienced in various part of the world. For example the children rights, most of the countries have made changes in laws concerning the children. The respect of children rights has been jeopardized. It has led to abuse of children in many countries. Abuse of children rights involves child trafficking, child prostitution, child labor, child neglect and many others. There is need for proper guidelines to implementation of the child rights policy. Without proper policies children would always suffer a lot during the times of war.
Women rights have not also been addressed much in the convention. A lot of woman have been left widowed when there husbands are killed when going through torture. There are also no guidelines to make sure that countries obey the conventional. Many countries have gone against the convention and nothing is done to them by the UN. For example detainees have been tortured in various prisons in the world. Some are detained without trial or they take longer time in prisons without there cases been heard. Others are killed in prisons and it does not become publicly known (Hagan, 2010).
Findings
The UN instituted the International Criminal Court which is responsible for trying cases that cannot be handled by local courts. This has enabled people who are involved in criminal activities be tried outside their country. The leaders who mastermind the crimes might influence the outcome of the court process because of influence they had. However ICC was not given much power to do its work effectively. There jurisdiction are limited and therefore and cannot investigate cases promptly. They cannot investigate cases without the consent of the political leaders of that country. The leaders have to cooperate in order for justice to take its course (Siegel, 2009).
If the leader doesn’t cooperate the criminals’ won’t be arrested. Most leaders refuse to surrender the victims because they see it as surrendering there control to another state. Hence it was difficult for ICC to achieve its autonomy. However these complexities have rendered the UN convention not fully implemented. The crimes against humanity have become difficult to resolve. This is because the criminals are at large and cannot be tried in there own countries. However for the ICC to perform its tasks promptly there must be cooperation with the courts in that country. The rule of reciprocity has to be absorbed in order to succeed. That is, ‘scratch my back I scratch yours’. Reforms in judicial systems should be advocated to the countries that are signatories of UN convention. This country includes Australia, Brazil, Nigeria, Kenya, Chile and many others. There was need to protect witnesses, victims and those suspected of being involved in the criminality (Downes & Rock, 2007).
In order to attend to the policy promptly, various things have to be considered. This involves ranking various levels of criminality. The crimes against humanity were to be levelled differently. Those cases that are manor are to be dealt with but the national criminal justice system. Crimes such as genocide should be dealt with by the ICC. It should also be considered that crimes are organized and financed by various people hence should be taken seriously and penalties involved should be heavy. Social controls should also be empowered to deal with crimes. This includes the judicial systems, administration and the police. This would help greatly in crime prevention and management. The way offenders should be treated is also another issue. Offenders have a right to be treated humanely and be tried until proven guilty. Nobody should be tortured or intimidated (Crewe & Ronnie, 2009).
This would however make the offenders not repeat the crimes they committed. People commit crimes because of economic factors. Low economical backgrounds always contribute to people being involved in criminal activities. The social networks should also be strengthened. This would avoid people from fighting. Another issue is drug abuse and alcohol. The UN has tried its best to make most of the nation’s drug-free countries (Freeman & Freeman, 2006).
Conclusion
The drug trafficking is a major concern to the United Nations. Through its programmes, UNDCP, has educated people to reduce the use of drugs. Its also discourages people plant other cash crops rather than narcotic crops. People who have suffered during the war should be compensated. This includes people physically like those who have lost there arms or legs should be assisted in one way or the other. Some have suffered economically during war should be assisted socially and economically. The judicial systems should also remain independent. There should be no interference of the judicial procedure. This will ensure fairness in the delivery of justice and avoid biasness. The political class should not temper with the judiciary. Everybody has a right to be fairly by the courts. Domestic violence was not also discussed amicably in the UN convention. This involves being abused in homes either a man or a woman. The fundamental right of a person stay happily in the family setting should be protected (Krohn, Lizotte & Hall, 2009).
The UN however has help greatly in making sure that peace and harmony is maintained in various countries. They have always deployed troops to assist in peace keeping missions. It is however discouraging when peace keepers becomes the torturers of the people. Peace keepers have help in restoring calm in countries involved in war. They have also helped those who are displaced from their homes by giving them shelter and food.
References
Cipriani, D., 2009. Children’s rights and the minimum age of criminal responsibility: a global perspective. New Jersey: Ashgate Publishing, Ltd.
Cotter, A.M., 2004. Gender injustice: an international comparative analysis of equality in employment. New Jersey: Ashgate Publishing, Ltd.
Crewe, D. & Ronnie, L., 2009. Existentialist Criminology. New York: Taylor & Francis Downes, D.M. & Rock, P.E., 2007. Understanding deviance: a guide to the sociology of crime and rule-breaking. 5th ed. London: Oxford University Press
DeLuzio, C., & Mancall, P.C., 2009. Women’s Rights: People and Perspectives. Durham: ABC-CLIO
Fortin, J., 2003. Children’s Rights and the Developing Law. 2nd ed. Cambridge: Cambridge University Press
Freeman, M., & Freeman, M.D.A., 2006. Children’s health and children’s rights. Dordrecht: Martinus Nijhoff Publishers
Hagan, F., 2010. Introduction to Criminology: Theories, Methods, and Criminal Behavior. 7th ed. New York: SAGE, 2010
John, M., 2003. Children’s rights and power: charging up for a new century. New York: Cengage Learning
Krohn, M.D. Lizotte, A.J. & Hall, G.P., 2009. Handbook on Crime and Deviance. New York: Springer
Pardeck, J.T., 2006. Children’s rights: policy and practice. 2nd ed. New Jersey: Routledge
Siegel, L.J., 2009. Introduction to Criminal Justice. 12th ed. New York: Cengage Learning