The rules of Human rights conflicts

(Evolved policy of Human rights)

(Part II)

Prepared by
Dr.Safaa Fatouh Gomaa
Doctorate in law-University of Mansoura
Master of administration Business, Eslsca School-
French University
Legal researcher at governmental organization
Faculty member, policy &law faculty-University of
van Holland

2022
Abstract
This paper investigation is completed for the first part of the rules of
human rights conflicts (Evolved policy of Human rights) to identify the
second rule that solves the human rights conflicts. This research focuses,
generally, on the legal framework of democracy practices. The quality of
democracy manner, as a rule of human rights conflict, represents a
significant matter for all international communities because these
international communities do not recognize the quality democracy
manner as a principle for solving the human rights conflicts, but these
communities confirm that democracy can be practiced by anyway,
whatever is good, or not?. As a result, all international organizations
design a foggy perception about democracy practice; and do not focus on
the differentiation between the good quality of democracy, or bad one.
The international organization needs to review the characters of human
rights to remove the foggy perception about human rights policy .

Consequently, the researcher will focus on identifying how to solve

human rights conflicts by the quality of democracy manner. This paper
seeks to answer many questions; what is the meaning of democracy?
What is the meaning of quality of democracy manner? How can the
quality of democracy manner, as a principle, solve the human rights
conflict? What is the current policy of human rights? Why does the
current policy of human rights need to change? What is the new
perspective of human rights policy in light of the quality of democracy
manner? On another hand, this research will set the components of good
quality of democracy manner, as a rule, that solves human rights conflict.
It hopes this research will inform the responsible international
organizations for human rights to enact the rules that set the new policy
of human rights.

Keywords: human rights, human rights conflicts, human rights policy

Background
Even if democracy is commonly assumed to be recognized by voting, no
agreement is existent on a particular notion of democracy. (Oxford,
2021) Karl Popper articulates that the "traditional" sight of democracy is
the judge of the people, and that the people have a right to decide."
(Popper, Karl, 2016)

Democratic values echoed in all qualified inhabitants being equivalent

before the law and having equivalent admittance to lawmaking practices.
For instance, in a representative democracy, each vote has the same
weight, no irrational limitations can put on to anyone looking for to
develop a representative, and the liberty of its qualified residents is
protected by legitimized rights and autonomies which are classically
securing by a constitution. Other practices of "democracy" comprise that
of straight democracy, in which the constituents openly vote on matters.
Legal equality, political freedom and rule of law are often defined as
introductory features for a well-operational democracy. (Dahl, Robert A.;
Shapiro, Ian; Cheibub, José Antônio, 2003) (Hénaff, Marcel; Strong,
Tracy B., 2001) The word "democracy" is occasionally used as
stenography for liberally democracy, which is a variation of
representative democracy that may embrace components such as political
multiplicity; equivalence before the law; the right to appeal voted
representatives for restore of complaints; civic freedoms; human rights;
and components of civic society outdoor the regime. (Diamond, Larry;
Morlino, Leonardo, 2005) Roger Scruton claimed that democracy,
single-handedly, cannot deliver individual and political liberty if not the
organizations of civic society are also extant. (Scruton, Roger, 2013)

Based on the above; there are two kinds of democracy; formal

representative democracy, and informal representative democracy;

(1) Formal representative democracy: stems from parliament, a senate

that contains the formal people's representative's by-election process.

(2) Informal representative democracy: stems from civic society, may

have an institution, or not, that contains the informal representative
outside of the parliament, senate.

These two kinds of democracy reflected political freedom for qualified

citizens that have equal rights before the law; meanwhile, they are
equally under obligations before the law.
Statement of the Problem
The estimating ‘respectable’ and ‘ruthless’ democracy needs a perfect
description of ‘quality’. The practice of the expression in the marketing
and industrial zones proposes three diverse senses of quality. First,
quality is identified by the assessed procedural aspects linked with every
product; a quality of product is the consequence of a precise, well-ordered
operations accomplished as stated by exact, regular systems and
programing, here the importance is on the procedure. Second, quality
involves the structural features of a product, be it the functioning,
materials, or design of the good, or other parts that it describes: here the
importance is on the contents. Finally, the product' quality is derived
indirectly from the spoken contentment by the client, by their demanding
once more the same product or service, such an clarification proposes that
the quality is depended on result. (Leonardo Morlino, 2004)

Based on the above; the three diverse concepts of quality are thus
originated from procedures, contents or results. Each has different
implications for the empirical research. Importantly, even with all the
adjustments demanded by the complexity of the ‘object’ under
examination – namely, democracy – it is still necessary to keep these
conceptualizations of quality in mind as we elaborate definitions and
models of democratic quality. (Leonardo Morlino, 2004)

Beginning from the description above and from the fundamental concepts
of quality, good quality of democracy may be reflected to be one offering
a stable organizational configuration that appreciates the equality and
liberty of residents by the right and valid working of its bodies and tools.
(Herbert Kitschiest, Zdenka Mansfeldova, Radosław Markowski and
Ga´bor To´ka, 1999)
The procedural dimension of democracy's quality is the rule of law, rule
of law rests a vital character of democratic quality, and it plays an actual
significant role in the presence and progress of the other dimensions. The
good quality of democracy stems from legal channels, the good quality of
democracy has to respect the rule of law that enhances the expression of
opinion in legal manners. The good quality of democracy is legally
practiced for political rights. As a result, the honest applicability of rule
of law that organizes the political rights, and expression of opinion is the
main component of good quality of democracy. In another hand, the
practice of political rights and expression of opinion has to respect the
rule of law that sets the legal channels of political rights to produce the
good quality of democracy, the law set the parliament and senate for
formal representative democracy and referendum for informal
representative democracy. The good quality of democracy achieve a
stable position for a political system, and obtain the country stability
Consequently; the bad quality of democracy is practiced by illegal ways,
the bad quality of democracy is practiced by the chaos that is an illegal
manner for political rights 'practices, and threats the stability of countries.
Therefore, the countries have to hold accountability for the groups that
practice a bad quality democracy that threatens the country's stability.

The content dimension for democracy's quality is freedom and equality,

Equality has persuasively been realized through the accomplishment of
social security. The democratic countries have to include the right to
health, the right to work; the right to human dignity; the right to an
education; the right to the protection of the environment; and the right to
housing (Dietrich Rueschemeyer, Evelyne Huber Stephens and John
Stephens, 1992). Consequently; When the countries' regime misses the
content dimension of democracy' quality, that refers to the bad quality of
democracy, conversely, when the countries' regime fulfill the content
dimension of democracy' quality, that refers to a good quality of
democracy.

The results dimension for democracy' quality is the responsiveness, in

evaluating the quality of democracy, it is commonly referred to the
responsiveness of government, that is, the ability to fulfill the governed
by implementing the policies that match to their requests. The assessment
of the government’s responsiveness is associated to how its
accomplishments either stratify to or differ from the interests of its
citizens. (Anthony Giddens, 1984)

The researcher will display two case studies to explain how the quality of
democracy practice, as a human right, can make a conflict and how to
solve it legally; (A) The United States of America; Floyd's murder on
May 26, 2020. (B) France: comprehensive security law prevents the
French Journalists from press recovering and broadcasting the police
officer practices against protestors.

The unites states of America: Floyd's Murder, The George Floyd

demonstrations are the chain of continuing objections and disorder that
initiated in Minneapolis, Minnesota, in the United States on May 26,
2020. The objections originated in reaction to the murder of George
Floyd, this African American died during capture, after Derek Chauvin, a
Minneapolis Police Department officer, knelt on Floyd's ", while three
other officers looked at him. (Mc. Nolan D. Forgey, 2021)

The disorder was initiated with local demonstrations in the Minnesota

metropolitan area of Minneapolis-St. Paul, before rapidly spreading on a
national scale and in more than 60 countries across many countries in the
sustenance of the Black Lives Matter movement. More than 2,000 towns,
in the United States and around the world, observed objections and
protests until June 13, and demonstrations in many municipalities
prolonged for a fourth week since Floyd's killing, corresponding with the
occurrence of Juneth or Freedom Day. While the majority of the
demonstrations have been nonviolent, demonstrations in some towns
have turned into extensive protesting, interrupted by street clashes and
significant police violence, particularly against peaceful protesters and
reporters. By June 3, curfews had been imposed on at least 200 US
towns, while more than 30 US states, along with Washington, D.C.,
were operated with more than 62,000 US National Guard personnel due
to mass disorder. By June 3, at least 11,000 people had been arrested.
(F. Amy, 2021) (Mc. Greal, Chris, 2021)

This case study displays the conflicts between two kinds of human
rights;(a) the right to equality, and free expression of opinion for
American citizens; (b) the right to security for Americans, and
stability for the USA as a country. In this case study; democracy
misses the content of "equality" because of the practice of racism
against black Americans from American police officers, and
democracy misses legal procedures, because of Chaotic protests from
a demonstration that threatens the stability of the united states of
America
(B) France: French security bill prevents the French Journalists from
press recovering and broadcasting the police officer practices against
protestors.

Notwithstanding the abundant noise that a law called the "French security
bill" provoked among human rights activists and journalists, the General
Assembly ratified by the mainstream of 146 votes. This law prohibits the
broadcasting of the pictures of members of the security forces and police
on social media sites and platforms or social media.. If this law is
violated, Article 24 of the text permits a one-year prison sentence and a
fine of 45,000 euros. (France 24, 2020)

This law, which was offered by representatives from President Emmanuel

Macron's "Republic on the Move" party, Alice Toureau and Jean-Michel
Foveregue, in March 2019, after the movement of "yellow vest"
demonstrations in France, was paid back and offered by the Minister of
the Interior, Gerald Darmannan. For the current year, many measured it a
restriction of freedom of opinion expression, particularly since videos and
photos documented by journalists and activists of police forcefulness, and
the French security services donated greatly to the trial of law violators. It
should be well-known that the draft law at its commencement delivered
the obligation of punishments on those whom the government defines as
"protesters", and the law was entitled after them before the government
added to it a paragraph associated with "shielding police", army and
security officials" within the framework of the " French security
bill".(France 24, 2020)

This case study displays the conflicts between two kinds of human
rights;(a) the right to freedom of expression of opinion for French
journalists; (b) the right to security for French, and stability for
France as a country. In this case study; democracy misses the content
of "freedom" because of the practice of aggressive restriction against
French journalists from French police officers, and democracy
misses legal procedures, because of Chaotic protests from journalists
that threaten the stability of France.
Objective of the Study
The study aimed at evaluating the current perspective of human rights
policy, and how it needs to reviews because of human rights conflicts that
require solutions that are set by the rules of human rights rules;

(1) The priority principle (Part I)

(2) The good quality of democracy principle (Part II)

(3) Conditional applicability principle for human rights (Part III)

Methodology
Experiments- as a research strategy – is a suitable plan for this research,
because it is a hypothetic—deductive approach because it depends on
studying the causal relationship between variables.

Findings:
The first case study " The Unites States of America: Floyd's Murder"
considers a case of human rights conflict that is based on the quality of
democracy practices. Floyd' Murder is a conflict between two kinds of
human rights, as mentioned previously, the democracy that misses the
content of equality stemming from practice racism against black
Americans from American police officers, and the democracy that misses
to legal procedures originating from Chaotic protests from protestors that
threatens the stability of the USA. The USA solved this conflict on two
levels:

(1) Primary level; The USA enforced the good quality of democracy
practice by preventing the chaotic practices from demonstrators, as illegal
procedures of democracy practice, and imposing the curfews on
American towns to stop the bad democracy practice from demonstrators
that achieve the stability for the USA.

(2) Secondary level; The USA enforced the good quality of democracy
practice by achieving equality through the imprisonment of the police
officer who caused Floyd's death which represents responsiveness for the
protestors' demands to hold accountability for the American police officer
who killed Floyd.

As a result, the USA solves the human rights conflict by achieving the
three components of good quality of democracy; legal procedures for
democracy practice, equality, responsiveness, the American approach for
the human rights conflicts refers to significant outcomes;

(1) The USA gives a priority for the legal procedures for democracy
practice that is the important step to achieve stability in the country and
considers it an essential stage, which paves land to achieve equality and
responsiveness for peoples. Thus; the legal procedural dimension for
democracy 'quality, is the primary component that achieves stability for
the country, but equality and responsiveness, are the secondary
components. The secondary components of democracy 'quality, cannot be
achieved without the primary one that achieves stability for the country.

(2) American approach for the human rights conflicts confirms that the
rule of law as the procedural dimension of democracy's quality, is a vital
character of democratic quality, and it plays an actual significant role in
the presence and progress human rights position.

(3) American approach for the human rights conflicts ensures that; good
quality of democracy may be reflected to be one offering a stable
organizational configuration, as a primary component, that appreciates
the equality and liberty, as a secondary component, of residents by the
right and valid working of its bodies and tools.

(4) American approach for the human rights conflicts ensures that all
qualified citizens have equal rights to equality, and free expression of
opinion before the law; meanwhile, they are equally under obligations of
saving the USA's stability before the law.

(5) The USA refused the random and chaotic practice for democracy
from the Americans, because it considers an unhealthy environment for
equality and freedom, as human rights.
The second case study "French security bill prevents the French
Journalists from press recovering and broadcasting the police officer
practices against protestors" considers a case of human rights conflict.
The French security bill is a conflict between two kinds of human rights,
the free opinion expression for French journalists, and the right to
security for French by shielding police, army, and security officials.
The democracy that misses the content of freedom stemming from the
aggressive prohibition against French journalists to prevent the free
broadcasting for aggressive attacks from French police officers, and the
democracy that misses legal procedures originating from Chaotic protests
from French journalists that threaten the stability of France. France
solved this conflict on two levels:

(1) Primary level; France enforced the good quality of democracy

practice by preventing the chaotic practices from French journalists, as
illegal procedures of democracy practice, and prevent their chaotic
demonstration to stop the bad democracy practice from these French
journalists that achieve the stability for France.

(2) Secondary level; France enforced the good quality of democracy

practice by achieving organized freedom through voting in the General
Assembly which represents a legal channel for democracy practice. The
146 votes refer to the responsiveness for the majority of French.

As a result, France solves the human rights conflict by achieving the three
components of good quality of democracy; legal procedures for
democracy practice, freedom, responsiveness, the French approach for
the human rights conflicts refers to significant outcomes;

(1) France gives a priority for the legal procedures for democracy
practice- voting through General Assembly as a legal channel for
democracy- that is the important step to achieve stability in the country
and considers it an essential stage, which paves land to achieve the
organized freedom and responsiveness for peoples. Thus; the legal
procedural dimension for democracy 'quality, is the primary component
that achieves stability for the country, but freedom and responsiveness,
are the secondary components. The secondary components of democracy
'quality, cannot be achieved without the primary one that achieves
stability for the country.

(2) French approach for the human rights conflicts confirms that the
practice of democracy has to be achieved by the legal channel of
democracy, which considers the procedural dimension of democracy's
quality and is a vital character of democratic quality, and it plays an
actual significant role in the presence and progress of the other secondary
components.

(3) French approach for the human rights conflicts ensures that; good
quality of democracy may be reflected to be one offering a stable
organizational configuration, as a primary component, that appreciates
the equality and liberty, as a secondary component, of residents by the
right and valid working of its bodies and tools.

(4) French approach for human rights conflicts ensures that all qualified
citizens have equal rights to practice freedom, and free expression of
opinion before the law; meanwhile, they are equally under obligations of
saving France stability before the law by practicing the democracy
through its legal channel.

(5) France refused the random and chaotic practice for democracy from
the French, because it considers an unhealthy environment for equality
and freedom, as human rights

Conclusion:
1- The rule of "All human rights are indivisible, mutually dependent
and interrelated, and universal. Globally treatment with human rights
must be in a fairly and equal manner, on the same foothold, and with
the same weight" that ratified by the international organization, was
refuted by the USA's decision, the French security bill.

2-There is a more significant weight for the stability of countries than the
equality, and freedom, like human rights, which enforces enacting the
new policy for human rights.
3- The good quality of democracy principle, as a rule, can solve human
rights conflict, thus, this principle refers to the stability of countries,
which is achieved through applying of rules of law, as a procedural
dimension for the democracy quality, is an unavoidable component for
applying the equality and freedom, as a human right.

4- The good quality of democracy principle gives a significant weight for

the legal procedures for democracy practice and considers it as an
indispensable condition to achieve equality, and freedom, as human
rights, because the legal procedures of democracy achieve stability for the
countries that enable the human rights to launch.

Recommendations:
1- The international organizations that are concerned with human rights
affairs have to review their perspectives towards human rights 'policies
that recognized; there is no particular importance among human rights.

2- The adopt a new policy of human rights is required, which resulted in

the national experiments; the USA's decision, the French security bill.

3- The solving of human rights conflicts needs a good quality of

democracy that depends on achieving stability for countries by
accomplishing the legal procedures for democracy.

4- Freedom, and equality, as human rights, cannot be achieved without

the stability that is fulfilled by the legal procedures for the countries.

3- The international organizations that are related to human rights affairs

have to enact the rules of human rights conflict, rafting the good quality
of democracy principle, as a rule, can solve the human rights conflict.
This rule gives significant weight to the legal procedures for the
democracy, which achieve stability, and consider as a healthy
environment for human rights practice.
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