The right to privacy and communication privacy - Free Essay Example

Sample details Pages: 4 Words: 1112 Downloads: 3 Date added: 2017/06/26 Category Law Essay Did you like this example? Communication privacy The right to privacy is considered such a basic concept in many international or regional laws so that to prevent or limit either government or individualà ¢Ã¢â€š ¬Ã¢â€ž ¢s actions from invading other peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s privacy. But governmental organizations such as the NSA, CIA, and GCHQ assign mass surveillance program in all corners of the world. PRISM is a typical task. MYSTIC and other actions organized by NATO-member states are also designed to collect abundant data based on some internal secrets or even private phone calls of a lot of normal civilians. The conductors of these programs stated that they were established for defense and law enforcements; however this also varies from laws that advocated peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s right to privacy, such as constitutions and the Universal Declaration of Human Rights. The privacy right therefore has become an urgent social problem since it damages the established need for each country to send spies to other countries to maintain their powerful role and usually based on a political purpose. During the thousand years of time, few trials were made to define or make the meaning of the right to privacy more clearly or precisely. But as now unanimously agreed at, the right to privacy is our right to keep a private range around us, including all those things that are part of us, such as our body, home, property, thoughts, feelings, legal secrets and identity. The right to privacy allows us to choose which parts in this domain can be known by others, and to control the extent, manner and timing of the use of those parts we choose to show out. Communication privacy is definitely an important embranchment under the right to privacy. The United Nation has played a crucial role in the global process of standardizing the protection of the right to privacy, enacting series of international treaties or laws to ensure that every country was making the relationship between right and obligations clear. Some of the international treaties are: I. Universal Declaration of Human Rights 10 December 1948 was a special day for the Universal Declaration of Human rights (UDHR) because it was formally adopted by the United States at the Palais de Chaillot, Paris. The Declaration was the first global statement to which all human beings were entitled, according to the direct opinion people gained during the World War II. In order to mark this meaningful commemoration, 10 December each year was set as Human Rights Day or International Human Rights Day. The article 12 of the Universal Declaration of Human Rights suggests: à ¢Ã¢â€š ¬Ã…“No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.à ¢Ã¢â€š ¬Ã‚  This article is the rudimentary and most important source of all international laws associated with the protection of the right to privacy, including private life, family, housing and communication as the basic components of the right to privacy. All the principles mentioned here can be viewed as part of customary international law. II. International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by the United Nations General Assembly in 1966, and in force from 1976. It commits its parties to respect the civil and political rights of individuals, including the right to life, freedom about religion, speech, assembly, electoral rights and rights to due process and a fair trial. As in 2014, the Covenant has 74 signatories and 168 parties. The article 17, part III of the International Covenant on Civil and Political Rights claims: à ¢Ã¢â€š ¬Ã…“1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or cor respondence, nor to unlawful attacks on his honor and reputation.à ¢Ã¢â€š ¬Ã‚  The stipulation here is similar to the article 12 in the previous reclamation, reemphasizing the importance of protecting the right to privacy of civilians. Some of the regional multilateral treaties are: I. European Convention on Human Rights The European Convention on Human Rights (ECHR) (formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe. The convention entered into force in 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The article 8 of the European Convention on Human Rights announces: à ¢Ã¢â€š ¬Ã…“1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.à ¢Ã¢â€š ¬Ã‚  According to the convention, the right to privacy should be protected in Europe. Unless under legal condition, it cannot be interfered, limited or deprived. II. The American Convention on Human Rights is an international human rights instrument. In 1969, this instrument was accepted by a lot of nations in the Western hemisphere. However, not until 1978 did it come into force when the eleventh instrument of ratification was deposited. The bodies responsible for overseeing compliance with the Convention are the Inter-American Commission on Human Rights and t he Inter-American Court of Human Rights, both of which are organs of the Organization of American States (OAS). The article 11 of the American Convention on Human Rights says: à ¢Ã¢â€š ¬Ã…“2. No one may be the object of arbitrary or abusive interference with his private life, his family, his home, his correspondence, or of unlawful attacks on his honor or reputation. 3. Everyone has the right to have the protection of the law against such interference or attacks.à ¢Ã¢â€š ¬Ã‚  This shows that the protection of civilianà ¢Ã¢â€š ¬Ã¢â€ž ¢s right to privacy is also an obligation of American countries and the range of protection is generally the same as the international laws. References: à ¢Ã¢â€š ¬Ã…“Right to privacy Wikipedia, the free encyclopedia.à ¢Ã¢â€š ¬Ã‚  Wikipedia. 24 Nov. 2014. lt;https://en.wikipedia.org/wiki/Right_to_privacygt;. à ¢Ã¢â€š ¬Ã…“The Universal Declaration of Human Rights.à ¢Ã¢â€š ¬Ã‚  United Nations. 24 Nov. 2014. lt;https://www.un.org/en/documents/udhr/index.shtml/gt; à ¢Ã¢â€š ¬Ã…“Privacy Wikipedia, the free encyclopediaà ¢Ã¢â€š ¬Ã‚  Wikipedia. 28 Nov. 2014. lt;https://www.hrcr.org/docs/American_Convention/oashr4.htmlgt; à ¢Ã¢â€š ¬Ã…“Convention for the Protection of Human Rights.à ¢Ã¢â€š ¬Ã‚  Council of Europe. 07 Dec. 2014. lt;https://www.conventions.coe.int/Treaty/en/Treaties/Html/005.htmgt; Don’t waste time! Our writers will create an original "The right to privacy and communication privacy" essay for you Create order

The Challenge of Ethical Behavior - 823 Words

The Challenge of Ethical Behavior in Other Countries The requirements of day-to-day organizational performance are so compelling that there is little time or inclination to divert attention to the moral content of organizational decision-making. Morality appears to be so obscure in nature that it lacks substantive relation to performance. An effective organizational culture should encourage ethical behavior and discourage unethical behavior. Unfortunately, ethical behavior may end up costing the organization. Being unethical in any arena, especially in the international business arena, is both bad-for-business and bad for the public. Unethical behavior is bad-for-business because it reflects an erosion of principles needed for an†¦show more content†¦While researching this issue several business publications made similar comments. How ethical does a business need to be? Is it ethics that we are focusing on or public opinion? One of the many issues that the United States has faced over the last few decades is the transfer of manufacturing/production facilities overseas. Public opinion is let the bottom line suffer a bit and keep the jobs in America. However the stockholders in these companies enjoy reaping the benefits of this type of move. Managers should not be held liable for acting unethically when they are working to increase owners long term equity - that is their job. Basic ethical standards should be upheld at all times. When mangers are acting in their professional roles they should not have to concern themselves with the public good. They are in fact incompetent to do so and lack the democratic credentials to do it. Their day-to-day jobs should leave them no room to consider the public when carrying out their responsibilities. If the do their jobs in an ethical and proper manner public good will be served. 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India’s Transformation Free Essays

Summary India adopted a democratic system of government and a mixed economy after gaining independence in 1947. However, a large part of their economy was still comprised of state-owned entities. Because of this, the private sector was stifled and any growth came only with hard-won government permission. We will write a custom essay sample on India’s Transformation or any similar topic only for you Order Now This was especially true in the auto, chemical, and steel industries. Compounding the issue of strict government control was the fact that various laws made it difficult for businesses in the private sector to flourish. If a business grew to over 100 employees, then it was very difficult to fire a worker. In turn, business owners kept the size of their firm under the threshold. Unfortunately, those businesses did not grow to their full potential and could not reach the size necessary to be competitive in the international market. At this time, due to the rules and regulations, India was not taking advantage of foreign direct investments. Thankfully, the lack of progress and growth led the government to reform the economic system. In 1991, many industries once closed to the private sector, including electricity generation, oil industry, steel production, air transport and telecommunications, were opened. Foreign investments were given automatic approval up to a 51 percent stake in an Indian enterprise and, in some cases, 100 percent investment was granted. Tariffs on imports were dramatically reduced as were income tax rates and corporate tax rates. Each of these measures led to an increased rate of economic progress and tremendous growth within India’s private sector. India’s economy is still in a transition phase. While they have seen growth in private sector enterprise and increased foreign investment, they still have to navigate political barriers and help mitigate risks. Some import tariffs are still in place because the government fears a flood of inexpensive Chinese products. In addition, even though the private sector has proven more efficient than state-owned enterprises, there are still barriers to privatization. For instance, the Indian Supreme Court ruled that the government could not privatize two state-owned oil companies without the consent of parliament. India also continues to work towards a market economy to keep the country attractive to potential investors. There are many benefits to investing early in India: the country has a large market population with the potential for continued high growth that can offer first-mover advantages. However, investors do need to take the risks into consideration: adhering to the local laws could be an unwanted cost as well as working within a legal system that may not provide the necessary protection for contract and property rights violations. As India continues to move toward a free market economy, they will continue to see growth in their private sector enterprises and foreign investment. The government will need to support this growth and continue to reform regulations so businesses can grow and become competitive on a greater scale. This will also make the country more attractive to foreign direct investment where investors can take advantage of India’s growing economy. Questions 1. From 1947 to 1990, India operated under a mixed economy system. This economic system is a blend of private ownership and free market enterprise with state ownership and government planning. During this time, the mixed economy in India was dominated by state-owned enterprises, centralized planning and subsidies. This prevented the private sector in India from growing, especially in the auto, chemical and steel production industries which were specifically state-owned enterprises. Today, India is moving toward a market economy where productive activities are primarily privately owned. However, state-owned firms still account for 38 percent of national output in the nonfarm sector. There are several impediments to completing a full transformation to a market economy in India. For example, a reduction in import tariffs has stalled due to political pressure. Politicians fear a flood of inexpensive products from China if the barriers are taken away. Also, it is still very difficult for privatization within the oil industry. The Indian Supreme Court ruled that the government could not privatize two state-owned oil companies without explicit approval from parliament. In addition, there is a disincentive for business owners to grow their firms more than 100 employees. Labor laws make it almost impossible for firms to fire an employee if the business is greater than 100 employees. This does not allow the firm to attain the scale necessary to compete internationally. 2. The economic system constrained the growth of the private sector. Private companies needed permission from the government to expand. It could take years to receive permission and several heavy industry products were reserved for state-owned enterprises. Even though private firms are 30 – 40 percent more efficient than state-owned firms, the extensive government regulations prevent the growth of private businesses and creation of new businesses. These factors negatively affected the rate of economic growth in India. While other Southeast Asian nations were enjoying economic growth and progress, India was still struggling with a small economy despite having a population of 950 million. The GDP was $310 and only 2. 3 percent of the population had a household income greater than $2,484. At the time, the World Bank estimated that 40 percent of the world’s desperately poor lived in India. Compounding these issues was the fact that less than half the population could read and very few had access to clean sanitation. Without basic necessities, a population will find it difficult to survive much less grow and flourish. 3. Privatization, deregulation and increased foreign direct investment have positively impacted India’s economy during the post-1990 time period. For example, the economy has expanded at an annual rate of 6. 3 percent from 1994 to 2004 and increased to 9 percent from 2005 to 2008. Proving that the Indian market is attractive, foreign investment increased from $150 million in 1991 to $36. 7 billion in 2008. 4. India is strengthening in the areas of technology and pharmaceutical products in part of their attractiveness to foreign investments and the fact that the government was now welcoming foreign investment. Foreign equity stakes in an Indian enterprise up to 51 percent are automatic; 100 percent ownership is allowable under certain circumstances. Industry goods are seeing a freedom of importation and the maximum tariffs have fallen to 35 percent as of 1997. India’s success in these industries will continue to prove the efficiency and growth potential of privatizing business. 5. I believe that India represents an attractive market for foreign multinationals selling consumer products. International firms have the opportunity to engage early in India’s economy. In turn, this will lead to building brand loyalty and gaining experience navigating the country’s business practices. Of course, the international firms must be aware of the risks surrounding unprotected property rights and other political and legal matters. With due diligence, investment into India’s economy could provide high dividends to foreign multinationals as the economy continues to grow. How to cite India’s Transformation, Essay examples