What is the duty of states to protect individuals from violations of their human rights?
In California, the duty of the state is to uphold and protect individuals’ human rights. This means that the state must ensure that individuals and groups are not subjected to arbitrariness, discrimination, or violations. The state is expected to provide mechanisms to recognize, protect, and vindicate human rights. The state must develop and implement laws to protect individuals’ rights to life, liberty, and security of person. This means that the state needs to make sure that laws exist that prevent individuals from being subjected to unjustified violence, detention, or deprivation of their rights. It also means the state must have laws that protect individuals from being convicted or penalized for offenses they did not commit. The state must provide access to justice and enforce legal rights as well as defend individuals against arbitrary arrests, torture, and mistreatment. Demonstrations of the state’s commitment to human rights include protecting individuals from discrimination and ensuring they are given fair and equal opportunities. Finally, the state is expected to ensure the right to a fair trial, which includes having the right to adequate legal representation, a right to be heard, and a right to appeal a sentence. By protecting individuals from human rights violations, the state is demonstrating its commitment to the values it upholds and to the protection of its citizens’ rights.
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