having to reach a verdict within “reasonable time” and maintaining the presumption
of innocence.
Third, one must also consider what could be called rights of protection, a subset
of rights that safeguards the existence and effectiveness of legal procedures to
protect other rights. These include, traditionally,habeas corpusprovisions and the
right to a remedy.
Habeas corpus(Latin for “You are to have the body.”) is a legal action through which a
prisoner challenges the legality of their detention.
The right to a remedy is a guarantee that every citizen should have the possibility of
recourse to court if his other rights are violated.Amparo ProcedureIn Latin American countries, the existence and effectiveness
of anamparoprocedure, a special, expedited, and informal procedure for the
protection of human rights, are also often included as a right itself.
12.6.8 The Interdependence and Indivisibility of Rights
A recurring theme about the content of rights is that they are interdependent and
indivisible. These attributes stand for the alleged impossibility to comply consis-
tently with one set of rights to the exclusion of another. It is held that all rights are
interrelated and the violation of one sort of rights often implies the violation of
another.
For instance, some sorts of violence against women are said to be forms of discrimination.
Similarly, a culture of discrimination gives rise to violence against women, as women are
readily seen as inferior and offenders have expectations that their behavior will be seen as
acceptable by society. In any case, such a scenario shows that the rights to life and integrity
of the person can be related to those of freedom from discrimination.
In connection to this, it is worthwhile to note the connections between freedom and
welfare. In his work “Development as Freedom” (1999), the Indian economist Amartya Sen
(1933-) emphasized that access to basic goods such as food, water, medicine and housing is
related to an individual’s possibility to exercise freedom in any relevant sense.Favorite Rights The claims of interdependence and indivisibility have been an
attempt to remedy the fact that states tend to pick favorite human rights to promote
while disregarding others they consider less legitimate. So the US has had a
tendency to promote civil and political rights domestically and abroad while
obstructing the advancement of economic, social, and cultural rights, and some
Arab states have pushed for a peculiar interpretation of freedom of religion that
possibly undermines the right to freedom of expression as most scholars
understand it.
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