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Sat, 07 Dec 2024 Feature Article

Killing: Violation of human rights?

Killing: Violation of human rights?

In Five hundred B.C. King Kyro declared the first principles of Human Rights which replaced the ideas of Natural Rights. Over thousands of years through the Magna Carta (1215, UK) and the French Revolution (1789), modern principles found their written Manifestation in the UN Declaration of Human Rights. Protection of human lives and equality before the law are key elements of the thirty human rights outlined. The motivation behind the potential violation of any of the human rights is not part of the Declaration.

Over a generation ago in the south of Germany, a mother with her two daughters appeared before a court charged with the collective killing of the father and husband who had for years mistreated his family seriously. They wanted to end their ordeal by killing the evil man. German discussed whether they could have called for the help of the police, and authorities moved to a disclosed safe house or private location to avoid the ultimate step to end the life of a person.

A life had ended in violent action and the motive behind it took center stage. All three defendants were acquitted of the charges brought against them.

Killings are caused by various motives: jealousy, emotions, the heat of the moment, contract killing, hatred, intoxication by drugs or alcohol, mental sickness, etc.. The capacity and capability of humans to regulate their actions, be self-responsible for them and live according to basic human values set by society and religion or culture among personal and social circumstances raised and lived in are elements to be taken into consideration.

To judge by motive not by action as such opens up a wide spectrum of interpretations stretched to the brink of misuse of values and regulations of them. The value of the universal right to unharmed life its protection and punishment when ended by murder ranges from life imprisonment with or without parole, life in imprisonment with an agreed target of release after fifteen years on conditions to the death penalty executed right away, death row or never executed. A universal human right in various jurisdictions is watered down to an individual belief.

A society without values described in laws is a society in chaos. Laws without punishment are laws without sense. No human is forced to kill a fellow human. As a human everyone has a value system to guide him through life inherited by parents or society. Citizens must be law-abiding or face the agreed consequences to uphold the power that universal values do live forever.

To honor the principle of the universal right to live a life of protection it must be set against the fact some people are born with an evil undestroyable spirit, others are misguided by life's events or mentally permanently out of control. In this context, the question must be raised as to what extent humans can and must be held accountable for their actions no matter what, and society in critical circumstances needs to take drastic preventive measures.

To give justice to victims and families involved is one side of the coin to uphold the universal human right of protected life is the flip side. Both have the same face value but without marking one side with a number no one will know how much worth the coin is.

Karl-Heinz Heerde
Karl-Heinz Heerde, © 2024

Dipl.-Pol. Karl-Heinz Heerde (Political Scientist and Historian, Hamburg University 1980-1985), married to Alberta Heerde born Mensah, Ashanti from Kumasi with Ewe roots from Volta Region, Ghana, Entrepreneur and Author of several novels, the new constitution draft for Ghana and various Articles.Column: Karl-Heinz Heerde

Disclaimer: "The views expressed in this article are the author’s own and do not necessarily reflect ModernGhana official position. ModernGhana will not be responsible or liable for any inaccurate or incorrect statements in the contributions or columns here." Follow our WhatsApp channel for meaningful stories picked for your day.

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