The discussion of policy and law always stirs up a heated discussion. Unfortunately, a lot of people mix up in defining the two terms. Law is “the system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties.” While policy is “a proposed or adopted course or principle of action.” (google.com) When a government enforces a law domestically or internationally, they look at the policy that could be in affect to that law. Several actors, going from governmental to non-governmental actors, create policies. They are used in civilized communities. Anything can be mentioned to as a policy, for example, you want to have a public policy on energy, a policy is made called Renewable energy policy, or a policy with defense would be called a defense policy. A policy has factors/goals that it relates to, some of which are security, liberty, equity, efficiency, welfare, etc. (Policy paradox book) Off course the goals are looked at from different aspects when looked at.
Human rights have been violated in many cases, whether it was in the US or any other country. The United State runs under certain guidelines when it comes to human rights. These guidelines help maintain security and liberty in a society. The constitution itself gives every citizen his rights. Since my policy concentrates more on prisoners and detainees, they also have rights under the constitutions. Some of these rights are:
*Not getting tortured
*the right to trial
*the right to read and write in prison
*the right to safety
*the right to medical treatment
*the rights to equal protection
*the right to be free from cruel and unusual punishment. (cliffnotes.com)
There are several goals/factors that every policy goes under. These goals are abstract concepts that we agree to, but with different defining. Some of these goals are:
*Equity: which is defined by fare distribution.
*Efficiency: getting the most output for the least input,
*Welfare: everyone deserves personal well-being
*Security: Everyone should be safe
*Liberty: Everyone should have rights.
Many of these goals will be relating to the conflict I’m bringing up. The fact that a human is being detained on American soil, they must be given all the rights everyone has. These goals come into play when looking at the policy itself. When looking at prisoner’s right policy, the goals that come into play are security, liberty, and efficiency.
Some conflicts have been raised concerning the break of this policy with some detainees of Guantanamo Bay prison. The conflict that is brought up that goes along with this policy is whether this prison is running this policy’s rules or not. Points have been brought up that the US has not been following its base rules on human rights in that penitentiary. Guantanamo Bay, a detention centre that has been established since 1898 where it was a naval base back then, has been transformed in 2002 to a detention centre. During that year, the United States was at war with Afghanistan and it captured several terrorists. Instead of taking them to American land these detainees were taken to Guantanamo Bay prison, which is considered as American soil in Cuba. This centre held at one point around 779 detainees by 2008, in which they were considered as terrorists. (cbs)
The post Policy and Law
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