WorldWideScience

Sample records for human rights policy

  1. Human rights, ideology and population policies.

    Science.gov (United States)

    Colombo, B

    1977-01-01

    Only too often ideology means fanaticism, intolerance, even violence, but the term can be used also to denote sets of preconceptions and presuppositions which act as a stimulus and a guide to scientific innovation, particularly in the field of social science. This sort of insight into the realities of life and the world is a contribution to knowledge and the search for truth, also in the field of human rights. These are taken in the paper as those rights whose infringement constitutes a "vulnus" of the essential characteristics of human beings and those which assume the role of a basic safeguard of them. The meaning of the insistence on the human rights theme in the United Nations system is briefly touched upon, but the main effort is spent in trying to find a firm base for both fundamental rights and duties, shown as strictly and simmetrically linked. Various examples of population policies - broadly defined as governmental interventions influencing demographic variables - are then examined in the light of the basic principles laid down in the said effort. The fields taken up in succession for consideration are international and internal migration, mortality, marriage, fertility in countries at different stages of demographic transition, and growth. Rather than trying an extensive coverage of the whole horizon, a line of critical and deep thought about typical problematic themes is preferred. One of the main conclusions which may be quoted is a statement according to which the problem remains wide open of discovering acceptable ways aiming at a modification of fertility patterns which combine a reduction of the average family size with the maintenance of its variability in order to respect free and responsible individual choices. How important and urgent this task is, is underscored by the observations advanced in the final section of the paper including a meditation on the limits that human sexuality appears to have imposed on itself.

  2. Adolescent health: policy, science, and human rights

    National Research Council Canada - National Science Library

    Roche, Jennifer; Davies, Diane; Boyce, William Francis

    2009-01-01

    ... Implications of Early Age of Sexual Debut 126 Roger S. Tonkin, Aileen Murphy, and Colleen S. Poon 9 Substance Use: Harm Reduction and the Rights of the Canadian Adolescent 152 Christiane Poulin 10 R...

  3. Drug policy, harm and human rights: a rationalist approach.

    Science.gov (United States)

    Stevens, Alex

    2011-05-01

    It has recently been argued that drug-related harms cannot be compared, so making it impossible to choose rationally between various drug policy options. Attempts to apply international human rights law to this area are valid, but have found it difficult to overcome the problems in applying codified human rights to issues of drug policy. This article applies the rationalist ethical argument of Gewirth (1978) to this issue. It outlines his argument to the 'principle of generic consistency' and the hierarchy of basic, nonsubtractive and additive rights that it entails. It then applies these ideas to drug policy issues, such as whether there is a right to use drugs, whether the rights of drug 'addicts' can be limited, and how different harms can be compared in choosing between policies. There is an additive right to use drugs, but only insofar as this right does not conflict with the basic and nonsubtractive rights of others. People whose freedom to choose whether to use drugs is compromised by compulsion have a right to receive treatment. They retain enforceable duties not to inflict harms on others. Policies which reduce harms to basic and nonsubtractive rights should be pursued, even if they lead to harms to additive rights. There exists a sound, rational, extra-legal basis for the discussion of drug policy and related harms which enables commensurable discussion of drug policy options. Copyright © 2011 Elsevier B.V. All rights reserved.

  4. Human rights and correctional health policy: a view from Europe.

    Science.gov (United States)

    Rogan, Mary

    2017-03-13

    Purpose Correctional healthcare should promote the protection of human rights. The purpose of this paper is to bring a discussion of human rights into debates on how such policy should be best organized. Design/methodology/approach The paper achieves its aim by providing an analysis of European prison law and policy in the area of prison health, through assessing decisions of the European Court of Human Rights, as well as policies created by the European Committee for the Prevention of Torture. Findings The paper describes the position of the European Court of Human Rights on the topics of access to healthcare, ill health and release from prison, mental illness in prison, and the duty to provide rehabilitative programming for those seeking to reduce their level of "risk." It also argues that human rights law can be a source of practical reform, and that legal frameworks have much to offer healthcare leaders seeking to uphold the dignity of those in their care. Originality/value This paper will provide a rare example of the engagement of human rights law with correctional health policy. It provides practical recommendations arising out of an analysis of European human rights law in the area of prisons.

  5. International Security, Development, and Human Rights: Policy Conversion or Conflict?

    Directory of Open Access Journals (Sweden)

    Miao-ling Lin Hasenkamp

    2012-04-01

    Full Text Available This article uses an institutional network governance approach to explore the overlapping dimension of the policy fields between security, development, and human rights, reflected in the US and German provincial reconstruction teams (PRTs in Afghanistan. The past two decades have witnessed a gradually changing paradigm in academic and policy debates regarding the questions of the normative basis of world order and possibilities for tackling imminent threats to security and peace (i.e. intra-state armed conflicts, failed states, terrorism, poverty, and deepening inequality. The introduction of concepts such as “human security” and “the right to humanitarian intervention/responsibility to protect (R2P” as well as critical examinations of peace-, nation-, and state-building missions (PNSB have led to a relativist tendency of state sovereignty and a changing attitude regarding how to address the intersection of security, development, and human rights. Despite this shift, the policy commitments to integrating these policy considerations remain puzzling. How have they been redefined, conceptualized, and put into practice? I argue that an integrated conceptual approach has facilitated the redefinition of common policy goals, principles, and the mobilization of resources. At the same time, civil and military cooperation, as demonstrated in the multifunctional work of PRTs, has been Janus-headed—permanently caught in an ongoing tension between the war on terror and short-term stability operation on the one hand and long-term durable peace and development on the other. The misunderstanding of its interim character, the dynamics of Afghan environment, the blurring of policy lines, and the differences between national PRT models have made it difficult to systematically assess the efficiency and legitimacy of each policy frame and program.

  6. Brazilian Human Rights Policy Strategy in the First Lula Government

    Directory of Open Access Journals (Sweden)

    Wellington Lourenço de Almeida

    2011-01-01

    Full Text Available This article analyzes the political consequences of the general strategy that guided key federal human rights programs from 2003-2006. The first part of the text discusses issues considered to be central for a consideration of the trajectory of human rights in Brazil, beginning with the authoritarian regime (1964-1985. The objective is to locate the victories and defeats that marked attempts to affirm more advanced standards of promotion and protection of human rights in Brazilian society. The second portion analyzes the promotion of this agenda in the first government of President Luís Inácio Lula da Silva. The sources used were official government documents, texts organized by specific segments of civil society and academic articles. In conclusion, it presents the main impasses of this agenda and the criticisms of the economist visions that weaken the integrated concept of human rights that guide the essay.

  7. distributive justice and human rights in climate policy

    African Journals Online (AJOL)

    RAYAN_

    considerable ethical challenges when issues of justice and human rights .... change damages for GHG emissions pathways based on 'business-as- usual' as well ... (3) Global environmental change 297-301; William Nordhaus, 'A review of the.

  8. Translating the human right to water and sanitation into public policy reform.

    Science.gov (United States)

    Meier, Benjamin Mason; Kayser, Georgia Lyn; Kestenbaum, Jocelyn Getgen; Amjad, Urooj Quezon; Dalcanale, Fernanda; Bartram, Jamie

    2014-12-01

    The development of a human right to water and sanitation under international law has created an imperative to implement human rights in water and sanitation policy. Through forty-three interviews with informants in international institutions, national governments, and non-governmental organizations, this research examines interpretations of this new human right in global governance, national policy, and local practice. Exploring obstacles to the implementation of rights-based water and sanitation policy, the authors analyze the limitations of translating international human rights into local water and sanitation practice, concluding that system operators, utilities, and management boards remain largely unaffected by the changing public policy landscape for human rights realization. To understand the relevance of human rights standards to water and sanitation practitioners, this article frames a research agenda to ensure that human rights aspirations lead to public policy reforms and public health outcomes.

  9. Beyond Study Abroad: A Human Rights Delegation to Teach Policy Advocacy

    Science.gov (United States)

    Gammonley, Denise; Rotabi, Karen Smith; Forte, Janett; Martin, Amanda

    2013-01-01

    Advancement of human rights is a core competency in the social work curriculum. Presented is a model to teach policy practice from a human rights perspective based on a violence-against-women delegation visit to Guatemala. Postdelegation policy advocacy responses included White House and State Department briefings on the problems, including…

  10. Human rights principles in developing and updating policies and laws on mental health

    OpenAIRE

    Schulze, M.

    2016-01-01

    The World Health Organization's Mental Health Action Plan 2013?2020 stipulates human rights as a cross-cutting principle (WHO, 2013) and foresees global targets to update policies as well as mental health laws in line with international and regional human rights instruments. The international human rights agreements repeatedly refer to health, including mental health. The most pertinent provisions related to mental health are enshrined in the 2006 Convention on the Rights of Persons with Disa...

  11. Maximising available resources: Equality and human rights proofing Irish fiscal policy

    Directory of Open Access Journals (Sweden)

    Murphy Mary P.

    2017-08-01

    Full Text Available The paper examines various rationales for applying equality and human rights proofing mechanisms to fiscal policy. The principle of using available resources to the maximum to progressively realise human rights, and not to erode the revenue capacity of developing nations to do likewise, is at the heart of emerging human rights norms. To date, Irish budgetary processes and major policy statements such as the Commission on Taxation or the draft outline National Plan on Business and Human Rights Strategy have not engaged with the principles of maximising available resources or extraterritoriality. Proofing fiscal policy is also relevant from the perspective of fiscal welfare where taxation instruments, traditionally used as a revenue-gathering mechanism, are increasingly used as distributional mechanisms to achieve policy outcomes in pensions, health, housing and employment, with important equality and distributive dimensions, particularly from gender, age and socioeconomic perspectives. A number of practical institutional mechanisms and evaluative questions can guide equality and human rights proofing of fiscal policy, but commitments to maximise resources to realise rights also need to be promoted through a public discourse which sees taxation as potential investment in society rather than a burden or cost on the economy.

  12. Human Rights, Privacy and Medical Research; Analysing UK Policy on Tissue and Data

    OpenAIRE

    Gillott, John

    2006-01-01

    This report is one outcome of a study into privacy and human genetics initiated by John Gillott and staff and trustees of the Genetic Interest Group. \\ud \\ud The initial focus was on genetics and human rights, with an emphasis on legal aspects and policy decisions informed by law and rights ideology. Article 8 of the Human Rights Act 1998, the right to respect for private and family life,1 is of most relevance to this study, though other Articles are considered.\\ud \\ud The study as a whole co...

  13. Heads of household programme in Argentina: a human rights-based policy?

    Science.gov (United States)

    Colina, Jorge; Giordano, Osvaldo; Torres, Alejandra; Cárdenas, Marcelo

    2009-01-01

    This study analyses the consultative councils (CC) of the Argentinian conditional cash transfer heads of household programme as an institutional innovation directed to put into practice some of the principles of the human rights' approach for eradicating poverty. Since the main responsibilities assigned to the CCs coincided with some of the main principles of the human rights' approach, the research is focused on how CCs responded in practice. Using a case study methodology we show that even when, in theory, the CCs incorporate some of the principles of the human rights' approach to the programme, they deviated from this purpose due to a persistent phenomenon in the social policy arena in developing countries: political clientelism. Policy recommendations are formulated in order to deal with clientelism in the framework of the human rights' approach.

  14. Human rights

    NARCIS (Netherlands)

    Gaay Fortman, B. de

    2006-01-01

    Human rights reflect a determined effort to protect the dignity of each and every human being against abuse of power. This endeavour is as old as human history. What is relatively new is the international venture for the protection of human dignity through internationally accepted legal standards

  15. International Guidelines on Human Rights and Drug Control: A Tool for Securing Women's Rights in Drug Control Policy.

    Science.gov (United States)

    Schleifer, Rebecca; Pol, Luciana

    2017-06-01

    Discrimination and inequality shape women's experiences of drug use and in the drug trade and the impact of drug control efforts on them, with disproportionate burdens faced by poor and otherwise marginalized women. In recent years, UN member states and UN drug control and human rights entities have recognized this issue and made commitments to integrate a 'gender perspective' into drug control policies, with 'gender' limited to those conventionally deemed women. But the concept of gender in international law is broader, rooted in socially constructed and culturally determined norms and expectations around gender roles, sex, and sexuality. Also, drug control policies often fail to meaningfully address the specific needs and circumstances of women (inclusively defined), leaving them at risk of recurrent violations of their rights in the context of drugs. This article explores what it means to 'mainstream' this narrower version of gender into drug control efforts, using as examples various women's experiences as people who use drugs, in the drug trade, and in the criminal justice system. It points to international guidelines on human rights and drug control as an important tool to ensure attention to women's rights in drug control policy design and implementation.

  16. The evolution of human rights in World Health Organization policy and the future of human rights through global health governance.

    Science.gov (United States)

    Meier, B M; Onzivu, W

    2014-02-01

    The World Health Organization (WHO) was intended to serve at the forefront of efforts to realize human rights to advance global health, and yet this promise of a rights-based approach to health has long been threatened by political constraints in international relations, organizational resistance to legal discourses, and medical ambivalence toward human rights. Through legal research on international treaty obligations, historical research in the WHO organizational archives, and interview research with global health stakeholders, this research examines WHO's contributions to (and, in many cases, negligence of) the rights-based approach to health. Based upon such research, this article analyzes the evolving role of WHO in the development and implementation of human rights for global health, reviews the current state of human rights leadership in the WHO Secretariat, and looks to future institutions to reclaim the mantle of human rights as a normative framework for global health governance. Copyright © 2013 The Royal Society for Public Health. Published by Elsevier Ltd. All rights reserved.

  17. The place of human rights and the common good in global health policy.

    Science.gov (United States)

    Tasioulas, John; Vayena, Effy

    2016-08-01

    This article offers an integrated account of two strands of global health justice: health-related human rights and health-related common goods. After sketching a general understanding of the nature of human rights, it proceeds to explain both how individual human rights are to be individuated and the content of their associated obligations specified. With respect to both issues, the human right to health is taken as the primary illustration. It is argued that (1) the individuation of the right to health is fixed by reference to the subject matter of its corresponding obligations, and not by the interests it serves, and (2) the specification of the content of that right must be properly responsive to thresholds of possibility and burden. The article concludes by insisting that human rights cannot constitute the whole of global health justice and that, in addition, other considerations-including the promotion of health-related global public goods-should also shape such policy. Moreover, the relationship between human rights and common goods should not be conceived as mutually exclusive. On the contrary, there sometimes exists an individual right to some aspect of a common good, including a right to benefit from health-related common goods such as programmes for securing herd immunity from diphtheria.

  18. Early childhood development in Rwanda: a policy analysis of the human rights legal framework.

    Science.gov (United States)

    Binagwaho, Agnes; Scott, Kirstin W; Harward, Sardis H

    2016-01-12

    Early childhood development (ECD) is a critical period that continues to impact human health and productivity throughout the lifetime. Failing to provide policies and programs that support optimal developmental attainment when such services are financially and logistically feasible can result in negative population health, education and economic consequences that might otherwise be avoided. Rwanda, with its commitment to rights-based policy and program planning, serves as a case study for examination of the national, regional, and global human rights legal frameworks that inform ECD service delivery. In this essay, we summarize key causes and consequences of the loss of early developmental potential and how this relates to the human rights legal framework in Rwanda. We contend that sub-optimal early developmental attainment constitutes a violation of individuals' rights to health, education, and economic prosperity. These rights are widely recognized in global, regional and national human rights instruments, and are guaranteed by Rwanda's constitution. Recent policy implementation by several Rwandan ministries has increased access to health and social services that promote achievement of full developmental potential. These ECD-centric activities are characterized by an integrated approach to strengthening the services provided by several public sectors. Combining population level activities with those at the local level, led by local community health workers and women's councils, can bolster community education and ensure uptake of ECD services. Realization of the human rights to health, education, and economic prosperity requires and benefits from attention to the period of ECD, as early childhood has the potential to be an opportunity for expedient intervention or the first case of human rights neglect in a lifetime of rights violations. Efforts to improve ECD services and outcomes at the population level require multisector collaboration at the highest echelons

  19. Implementation of School Uniform Policy and the Violation of Students’ Human Rights in Schools

    Directory of Open Access Journals (Sweden)

    Vimbi Petrus Mahlangu

    2017-05-01

    Full Text Available The paper highlights the violations of students’ human rights in schools. The problem is the incident that took place at a school in Pretoria in 2016 where Black girls protested against the School’s Code of Conduct relating to hairstyle. Qualitative approach was used to collect information through a literature review and desk-top research methods. Black girls claimed they were discriminated against and the protest serves as an example to demonstrate students’ human rights violations when schools implement school uniform policies. Inequality in schools is rife in South Africa. School uniform policies with regard to dress codes are expected to reduce school violence, prevent discipline issues, and improve in school safety. Students have rights and their rights can include issues regarding cultural, economic, and political freedoms. Students, especially adolescents, respond very negatively to school uniforms.

  20. Access to health care as a human right in international policy: critical reflections and contemporary challenges.

    Science.gov (United States)

    Castillo, Camilo Hernán Manchola; Garrafa, Volnei; Cunha, Thiago; Hellmann, Fernando

    2017-07-01

    Using the United Nations (UN) and its subordinate body, the World Health Organization (WHO), as a frame of reference, this article explores access to healthcare as a human right in international intergovernmental policies. First, we look at how the theme of health is treated within the UN, focusing on the concept of global health. We then discuss the concept of global health from a human rights perspective and go on to outline the debate surrounding universal coverage versus universal access as a human right, addressing some important ethical questions. Thereafter, we discuss universal coverage versus universal access using the critical and constructivist theories of international relations as a frame of reference. Finally, it is concluded that, faced with the persistence of huge global health inequalities, the WHO began to reshape itself, leaving behind the notion of health as a human right and imposing the challenge of reducing the wide gap that separates international intergovernmental laws from reality.

  1. Security, development and human rights: normative, legal and policy challenges for the international drug control system.

    Science.gov (United States)

    Barrett, Damon

    2010-03-01

    This commentary addresses some of the challenges posed by the broader normative, legal and policy framework of the United Nations for the international drug control system. The 'purposes and principles' of the United Nations are presented and set against the threat based rhetoric of the drug control system and the negative consequences of that system. Some of the challenges posed by human rights law and norms to the international drug control system are also described, and the need for an impact assessment of the current system alongside alternative policy options is highlighted as a necessary consequence of these analyses. Copyright (c) 2010 Elsevier B.V. All rights reserved.

  2. What do human rights bring to discussions of power and politics in health policy and systems?

    Science.gov (United States)

    Forman, Lisa

    2017-12-13

    Scholarly interrogations of power and politics are not endemic to the disciplines primarily tasked with exploring health policy and planning in the domestic or global domains. Scholars in these domains have come late to investigating power, prompted in part by the growing focus in domestic and global health research on the intersections between governance, globalization and health inequities. Recent prominent reports in this area increasingly point to human rights as important norms capable of responding in part to power differentials that sustain and exacerbate health inequities. Yet human rights law is not traditionally incorporated into health policy scholarship or education, despite offering important normative and strategic frameworks for public and global health, with distinctive contributions in relation to identifying and challenging certain forms of power disparity. This paper overviews two of these reports and how they see power functioning to sustain health inequities. It then turns to investigate what human rights and the right to health in particular may offer in addressing and challenging power in the health policy context.

  3. Psychedelics and cognitive liberty: Reimagining drug policy through the prism of human rights.

    Science.gov (United States)

    Walsh, Charlotte

    2016-03-01

    This paper reimagines drug policy--specifically psychedelic drug policy--through the prism of human rights. Challenges to the incumbent prohibitionist paradigm that have been brought from this perspective to date--namely by calling for exemptions from criminalisation on therapeutic or religious grounds--are considered, before the assertion is made that there is a need to go beyond such reified constructs, calling for an end to psychedelic drug prohibitions on the basis of the more fundamental right to cognitive liberty. This central concept is explicated, asserted as being a crucial component of freedom of thought, as enshrined within Article 9 of the European Convention on Human Rights (ECHR). It is argued that the right to cognitive liberty is routinely breached by the existence of the system of drug prohibition in the United Kingdom (UK), as encoded within the Misuse of Drugs Act 1971 (MDA). On this basis, it is proposed that Article 9 could be wielded to challenge the prohibitive system in the courts. This legal argument is supported by a parallel and entwined argument grounded in the political philosophy of classical liberalism: namely, that the state should only deploy the criminal law where an individual's actions demonstrably run a high risk of causing harm to others. Beyond the courts, it is recommended that this liberal, rights-based approach also inform psychedelic drug policy activism, moving past the current predominant focus on harm reduction, towards a prioritization of benefit maximization. How this might translate in to a different regulatory model for psychedelic drugs, a third way, distinct from the traditional criminal and medical systems of control, is tentatively considered. However, given the dominant political climate in the UK--with its move away from rights and towards a more authoritarian drug policy--the possibility that it is only through underground movements that cognitive liberty will be assured in the foreseeable future is

  4. COMMENTARY: GLOBALIZATION, HEALTH SECTOR REFORM, AND THE HUMAN RIGHT TO HEALTH: IMPLICATIONS FOR FUTURE HEALTH POLICY.

    Science.gov (United States)

    Schuftan, Claudio

    2015-01-01

    The author here distills his long-time personal experience with the deleterious effects of globalization on health and on the health sector reforms embarked on in many of the more than 50 countries where he has worked in the last 25 years. He highlights the role that the "human right to health" framework can and should play in countering globalization's negative effects on health and in shaping future health policy. This is a testimonial article.

  5. The human right to water and sanitation: a new perspective for public policies.

    Science.gov (United States)

    Brown, Colin; Neves-Silva, Priscila; Heller, Léo

    2016-03-01

    The recognition of the human right to water and sanitation (HRtWS) by the United Nations General Assembly and Human Rights Council in 2010 constituted a significant political measure whose direct consequences are still being assessed. Previous to this date, the HRtWS and its link to a healthy life and adequate standard of living had been recognised in diverse legal and judicial spheres worldwide, in some cases under the pressure of the initiatives of strong social movements. However, while the HRtWS is recognised by the UN State Members, it constitutes a concept in construction that has not been approached and interpreted in consensual ways by all concerned stakeholders. The present article presents a formal definition of this right with a base in human rights regulation. It attempts to dialogue with the different existing perspectives regarding the impact of its international recognition as a human right. It then elucidates the progressive development of the HRtWS in law and jurisprudence. Finally, it considers the urgency and challenge of monitoring the HRtWS and discusses important implications for public policies.

  6. Human rights principles in developing and updating policies and laws on mental health.

    Science.gov (United States)

    Schulze, M

    2016-01-01

    The World Health Organization's Mental Health Action Plan 2013-2020 stipulates human rights as a cross-cutting principle (WHO, 2013) and foresees global targets to update policies as well as mental health laws in line with international and regional human rights instruments. The international human rights agreements repeatedly refer to health, including mental health. The most pertinent provisions related to mental health are enshrined in the 2006 Convention on the Rights of Persons with Disabilities (CRPD), which sets out human rights in an accessible and inclusive fashion to ensure the equal participation of persons with disabilities. The inconclusive description of disability in the treaty overtly refers to 'mental impairment' as part of an explicitly evolving understanding of disability. This text sketches some of the underlying concepts as they apply to the realm of mental health: non-discrimination of persons with disabilities and measures that should be taken to ensure accessibility in a holistic understanding; removal of social and attitudinal barriers as much as communication and intellectual barriers but also institutional hurdles. The CRPD's paradigm shift away from framing disability mainly through deficits towards a social understanding of disability as the result of interaction and focusing on capacity is the core on which the provision of mental health services at community level to enable participation in society shall be ensured. Questions of capacity, also to make decisions and the possible need for support in so doing, are sketched out.

  7. Fed up with the right to food? : The Netherlands' policies and practices regarding the human right to adequate food

    NARCIS (Netherlands)

    Hospes, O.; Meulen, van der B.M.J.

    2009-01-01

    There is no one in this world who would deny the importance of access to adequate food for every human being. In fact, access to food has been declared a human right in 1948 with the Universal Declaration of Human Rights. In spite of the right to food to be more than half a century old, many are not

  8. Ethical and Human Rights Foundations of Health Policy: Lessons from Comprehensive Reform in Mexico.

    Science.gov (United States)

    Frenk, Julio; Gómez-Dantés, Octavio

    2015-12-10

    This paper discusses the use of an explicit ethical and human rights framework to guide a reform intended to provide universal and comprehensive social protection in health for all Mexicans, independently of their socio-economic status or labor market condition. This reform was designed, implemented, and evaluated by making use of what Michael Reich has identified as the three pillars of public policy: technical, political, and ethical. The use of evidence and political strategies in the design and negotiation of the Mexican health reform is briefly discussed in the first part of this paper. The second part examines the ethical component of the reform, including the guiding concept and values, as well as the specific entitlements that gave operational meaning to the right to health care that was enshrined in Mexico's 1983 Constitution. The impact of this rights-based health reform, measured through an external evaluation, is discussed in the final section. The main message of this paper is that a clear ethical framework, combined with technical excellence and political skill, can deliver major policy results. Copyright © 2015 Frenk and Gómez-Dantés. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  9. E-cigarette use in pregnancy: a human rights-based approach to policy and practice.

    Science.gov (United States)

    van der Eijk, Yvette; Petersen, Anne Berit; Bialous, Stella A

    2017-11-01

    The health risks associated with e-cigarette use in pregnancy are mostly unknown. Guidelines by the World Health Organization and national health agencies warn women against using e-cigarettes in pregnancy; however, in the UK, a recent multiagency guideline takes a different approach by not discouraging e-cigarette use in pregnancy. Furthermore, e-Voke ™ , an e-cigarette, has been approved for use in pregnancy in the UK. We analyze United Nations human rights treaties to examine how they might inform best practice recommendations for e-cigarette use in pregnancy. These treaties oblige Parties to adopt policies that protect children's and women's right to health, appropriate pregnancy services, and health education. We argue that clinical practice guidelines related to use of e-cigarettes in pregnancy should consider both evidence and human rights principles, and ensure that healthcare providers and patients are given clear, accurate messages about the known and potential risks associated with e-cigarette use in pregnancy. © 2017 Nordic Federation of Societies of Obstetrics and Gynecology, Acta Obstetricia et Gynecologica Scandinavica.

  10. Food system policy, public health, and human rights in the United States.

    Science.gov (United States)

    Shannon, Kerry L; Kim, Brent F; McKenzie, Shawn E; Lawrence, Robert S

    2015-03-18

    The US food system functions within a complex nexus of social, political, economic, cultural, and ecological factors. Among them are many dynamic pressures such as population growth, urbanization, socioeconomic inequities, climate disruption, and the increasing demand for resource-intensive foods that place immense strains on public health and the environment. This review focuses on the role that policy plays in defining the food system, particularly with regard to agriculture. It further examines the challenges of making the food supply safe, nutritious, and sustainable, while respecting the rights of all people to have access to adequate food and to attain the highest standard of health. We conclude that the present US food system is largely unhealthy, inequitable, environmentally damaging, and insufficiently resilient to endure the impacts of climate change, resource depletion, and population increases, and is therefore unsustainable. Thus, it is imperative that the US embraces policy reforms to transform the food system into one that supports public health and reflects the principles of human rights and agroecology for the benefit of current and future generations.

  11. Curricular Choices of Ultra-Orthodox Jewish Communities: Translating International Human Rights Law into Education Policy

    Science.gov (United States)

    Perry-Hazan, Lotem

    2015-01-01

    This paper employs the provisions of international human rights law in order to analyse whether and how liberal states should regulate Haredi educational practices, which sanctify the exclusive focus on religious studies in schools for boys. It conceptualises the conflict between the right to acceptable education and the right to adaptable…

  12. Human Rights and U.S. Foreign Policy in North Korea

    National Research Council Canada - National Science Library

    Hollenbaugh, Shaun

    1999-01-01

    ... the DPRK spends exorbitant amounts of money on its military. To maintain both its legitimacy and security, the Pyongyang regime purposely and willfully commits many human right violations against its own citizens. Current U.S...

  13. Education Service Contracting in the Philippines: Human Rights as Trumps, Goals, or Policy Talk?

    Science.gov (United States)

    Baum, Donald R.

    2012-01-01

    In recent years, the goals and purposes of education within the international development discourse have shifted significantly away from education for productivity or human capital development and towards education for the fulfillment of the individual through human rights. The current global education climate provides governments with an…

  14. Inclusion and Human Rights in Health Policies: Comparative and Benchmarking Analysis of 51 Policies from Malawi, Sudan, South Africa and Namibia

    Science.gov (United States)

    MacLachlan, Malcolm; Amin, Mutamad; Mannan, Hasheem; El Tayeb, Shahla; Bedri, Nafisa; Swartz, Leslie; Munthali, Alister; Van Rooy, Gert; McVeigh, Joanne

    2012-01-01

    While many health services strive to be equitable, accessible and inclusive, peoples’ right to health often goes unrealized, particularly among vulnerable groups. The extent to which health policies explicitly seek to achieve such goals sets the policy context in which services are delivered and evaluated. An analytical framework was developed – EquiFrame – to evaluate 1) the extent to which 21 Core Concepts of human rights were addressed in policy documents, and 2) coverage of 12 Vulnerable Groups who might benefit from such policies. Using this framework, analysis of 51 policies across Malawi, Namibia, South Africa and Sudan, confirmed the relevance of all Core Concepts and Vulnerable Groups. Further, our analysis highlighted some very strong policies, serious shortcomings in others as well as country-specific patterns. If social inclusion and human rights do not underpin policy formation, it is unlikely they will be inculcated in service delivery. EquiFrame facilitates policy analysis and benchmarking, and provides a means for evaluating policy revision and development. PMID:22649488

  15. Inclusion and human rights in health policies: comparative and benchmarking analysis of 51 policies from Malawi, Sudan, South Africa and Namibia.

    Directory of Open Access Journals (Sweden)

    Malcolm MacLachlan

    Full Text Available While many health services strive to be equitable, accessible and inclusive, peoples' right to health often goes unrealized, particularly among vulnerable groups. The extent to which health policies explicitly seek to achieve such goals sets the policy context in which services are delivered and evaluated. An analytical framework was developed--EquiFrame--to evaluate 1 the extent to which 21 Core Concepts of human rights were addressed in policy documents, and 2 coverage of 12 Vulnerable Groups who might benefit from such policies. Using this framework, analysis of 51 policies across Malawi, Namibia, South Africa and Sudan, confirmed the relevance of all Core Concepts and Vulnerable Groups. Further, our analysis highlighted some very strong policies, serious shortcomings in others as well as country-specific patterns. If social inclusion and human rights do not underpin policy formation, it is unlikely they will be inculcated in service delivery. EquiFrame facilitates policy analysis and benchmarking, and provides a means for evaluating policy revision and development.

  16. Unaccompanied Children at the United States Border, a Human Rights Crisis that can be Addressed with Policy Change.

    Science.gov (United States)

    Ataiants, Janna; Cohen, Chari; Riley, Amy Henderson; Tellez Lieberman, Jamile; Reidy, Mary Clare; Chilton, Mariana

    2017-04-08

    In recent years, unaccompanied minors have been journeying to the United States (U.S.)-Mexico border in great numbers in order to escape violence, poverty and exploitation in their home countries. Yet, unaccompanied children attempting to cross the United States border face treatment at the hands of government representatives which violates their inherent rights as children. The result is a human rights crisis that has severe health consequences for the children. Their rights as children are clearly delineated in various, international human rights documents which merit increased understanding of and recognition by the U.S. government. This paper calls for the improvement of policies and procedures for addressing the rights of unaccompanied immigrant children; it provides specific, rights-based recommendations which work together to safeguard the rights of the child at the U.S. southwestern border.

  17. Implementation of School Uniform Policy and the Violation of Students' Human Rights in Schools

    Science.gov (United States)

    Mahlangu, Vimbi Petrus

    2017-01-01

    The paper highlights the violations of students' human rights in schools. The problem is the incident that took place at a school in Pretoria in 2016 where Black girls protested against the School's Code of Conduct relating to hairstyle. Qualitative approach was used to collect information through a literature review and desk-top research methods.…

  18. Measuring the health impact of human rights violations related to Australian asylum policies and practices: a mixed methods study.

    Science.gov (United States)

    Johnston, Vanessa; Allotey, Pascale; Mulholland, Kim; Markovic, Milica

    2009-02-03

    Human rights violations have adverse consequences for health. However, to date, there remains little empirical evidence documenting this association, beyond the obvious physical and psychological effects of torture. The primary aim of this study was to investigate whether Australian asylum policies and practices, which arguably violate human rights, are associated with adverse health outcomes. We designed a mixed methods study to address the study aim. A cross-sectional survey was conducted with 71 Iraqi Temporary Protection Visa (TPV) refugees and 60 Iraqi Permanent Humanitarian Visa (PHV) refugees, residing in Melbourne, Australia. Prior to a recent policy amendment, TPV refugees were only given temporary residency status and had restricted access to a range of government funded benefits and services that permanent refugees are automatically entitled to. The quantitative results were triangulated with semi-structured interviews with TPV refugees and service providers. The main outcome measures were self-reported physical and psychological health. Standardised self-report instruments, validated in an Arabic population, were used to measure health and wellbeing outcomes. Forty-six percent of TPV refugees compared with 25% of PHV refugees reported symptoms consistent with a diagnosis of clinical depression (p = 0.003). After controlling for the effects of age, gender and marital status, TPV status made a statistically significant contribution to psychological distress (B = 0.5, 95% CI 0.3 to 0.71, p basic human rights, culminated in a strong sense of injustice. Government asylum policies and practices violating human rights norms are associated with demonstrable psychological health impacts. This link between policy, rights violations and health outcomes offers a framework for addressing the impact of socio-political structures on health.

  19. Identifying structural barriers to an effective HIV response: using the National Composite Policy Index data to evaluate the human rights, legal and policy environment

    Science.gov (United States)

    Gruskin, Sofia; Ferguson, Laura; Alfven, Tobias; Rugg, Deborah; Peersman, Greet

    2013-01-01

    Introduction Attention to the negative effects of structural barriers on HIV efforts is increasing. Reviewing national legal and policy environments with attention to the international human rights commitments of states is a means of assessing and providing focus for addressing these barriers to effective HIV responses. Methods Law and policy data from the 171 countries reporting under the Declaration of Commitment from the 2001 United Nations General Assembly Special Session on HIV/AIDS were analyzed to assess attention to human rights in national legal and policy environments as relevant to the health and rights of key populations such as people who inject drugs, men who have sex with men and sex workers. Results Seventy-eight governments and civil society in 106 countries report the existence of laws and policies which present obstacles to accessing HIV services for key populations. Laws and policies which positively affect access to HIV-related services, in and of themselves constituting structural interventions, were also reported. The dissonance between laws and how this impacts the availability and use of HIV-related services deserve greater attention. Conclusions Recognition of the harms inherent in laws that constitute structural barriers to effective HIV responses and the potential positive role that a supportive legal environment can play suggests the need for legal reform to ensure an enabling regulatory framework within which HIV services can be effectively delivered and used by the populations who need them. Moving beyond laws and policies, further efforts are required to determine how to capture information on the range of structural barriers. Teasing apart the impact of different barriers, as well as the structural interventions put in place to address them, remains complicated. Capturing the impact of policy and legal interventions can ultimately support governments and civil society to ensure the human rights of key populations are protected in

  20. Double Standards in Global Health: Medicine, Human Rights Law and Multidrug-Resistant TB Treatment Policy.

    Science.gov (United States)

    Nicholson, Thomas; Admay, Catherine; Shakow, Aaron; Keshavjee, Salmaan

    2016-06-01

    The human rights arguments that underpinned the fight against HIV over the last three decades were poised, but ultimately failed, to provide a similar foundation for success against multidrug-resistant TB (MDR-TB) and other diseases of the poor. With more than 1.5 million deaths since 2000 attributed to strains of MDR-TB, and with half a million new, and mostly untreated, MDR-TB cases in the world each year, the stakes could not be higher. The World Health Organization (WHO), whose mandate is to champion the attainment by all peoples of the highest possible level of health, recommended unsound medical treatment for MDR-TB patients in resource-poor settings from 1993-2002. Citing cost considerations, WHO did not recommend the available standard of care that had been successfully used to contain and defeat MDR-TB in rich countries. By acting as a strategic gatekeeper in its technical advisory role to donor agencies and countries, it also facilitated the global implementation of a double standard for TB care in low- and middle-income countries (LMICs), upending important legal and scientific priorities. This raises serious questions about whether the organization violated international human rights standards and those established in its own constitution. While calling for additional analysis and discussion on this topic, the authors propose that policymakers should reject double standards of this kind and instead embrace the challenge of implementing the highest standard of care on a global level.

  1. Determinants of child and forced marriage in Morocco: stakeholder perspectives on health, policies and human rights.

    Science.gov (United States)

    Sabbe, Alexia; Oulami, Halima; Zekraoui, Wahiba; Hikmat, Halima; Temmerman, Marleen; Leye, Els

    2013-10-16

    In Morocco, the social and legal framework surrounding sexual and reproductive health has transformed greatly in the past decade, especially with the introduction of the new Family Law or Moudawana. Yet, despite raising the minimum age of marriage for girls and stipulating equal rights in the family, child and forced marriage is widespread. The objective of this research study was to explore perspectives of a broad range of professionals on factors that contribute to the occurrence of child and forced marriage in Morocco. A qualitative approach was used to generate both primary and secondary data for the analysis. Primary data consist of individual semi-structured interviews that were conducted with 22 professionals from various sectors: health, legal, education, NGO's and government. Sources of secondary data include academic papers, government and NGO reports, various legal documents and media reports. Data were analyzed using thematic qualitative analysis. Four major themes arose from the data, indicating that the following elements contribute to child and forced marriage: (1) the legal and social divergence in conceptualizing forced and child marriage; (2) the impact of legislation; (3) the role of education; and (4) the economic factor. Emphasis was especially placed on the new Family Code or Moudawana as having the greatest influence on advancement of women's rights in the sphere of marriage. However, participants pointed out that embedded patriarchal attitudes and behaviours limit its effectiveness. The study provided a comprehensive understanding of the factors that compound the problem of child and forced marriage in Morocco. From the viewpoint of professionals, who are closely involved in tackling the issue, policy measures and the law have the greatest potential to bring child and forced marriage to a halt. However, the implementation of new legal tools is facing barriers and resistance. Additionally, the legal and policy framework should go hand in hand

  2. Inconvenient Human Rights

    Science.gov (United States)

    Ryan, Natasha

    2017-01-01

    Abstract Following an increase in Roma migration under the European “freedom of movement” laws, Swedish municipalities initiated more than 80 evictions of informal Roma settlements on the grounds of poor sanitation between 2013 and 2016. These evictions echo policies from earlier in the 20th century, when Roma living in Sweden were often marginalized through the denial of access to water and sanitation facilities. The recent Swedish evictions also follow similar government actions across Europe, where Roma settlements are controlled through the denial of access to water and sanitation. However, access to water and sanitation—central aspects of human health—are universal human rights that must be available to all people present in a jurisdiction, regardless of their legal status. The evictions described here violated Sweden’s obligations under both European and international human rights law. More positive government responses are required, such as providing shelters or camping sites, setting up temporary facilities, and directly engaging with communities to address water and sanitation issues. The authors conclude by providing guidance on how states and municipalities can meet their human rights obligations with respect to water and sanitation for vulnerable Roma individuals and informal settlements in their communities. PMID:29302163

  3. Communication rights: Fundamental human rights for all.

    Science.gov (United States)

    McLeod, Sharynne

    2018-02-01

    The right to communicate includes the right to "freedom of opinion and expression" and rights and freedoms "without distinction of … language". The 70th anniversary of the Universal Declaration of Human Rights is a time to celebrate and reflect on communication as a human right, particularly with respect to Article 19 and its relationship to national and international conventions, declarations, policies and practices. This review profiles articles from the special issue of International Journal of Speech-Language Pathology (volume 20, issue 1) addressing communication rights from four perspectives: (1) communication rights of all people; (2) communication rights of people with communication disabilities; (3) communication rights of children and (4) communication rights relating to language. Divergent perspectives from across the globe are considered. First-hand accounts of people whose right to communicate is compromised/upheld are included and perspectives are provided from people with expertise and advocacy roles in speech-language pathology, audiology, linguistics, education, media, literature and law, including members of the International Communication Project. Three steps are outlined to support communication rights: acknowledge people - adjust the communication style - take time to listen. Future advocacy for communication rights could be informed by replicating processes used to generate the Yogyakarta Principles.

  4. EU and US External Policies on Human Rights and Democracy Promotion: Assessing Political Conditionality in Transatlantic Partnership

    Directory of Open Access Journals (Sweden)

    Beatriz Pérez de las Heras

    2015-06-01

    Full Text Available This contribution aims at advancing existing research about the role that the Transatlantic Partnership may play within the specific field of human rights and democracy promotion in the current changing global order. It examines recent changes to the foreign policies of the European Union and the United States on this area and assesses the impact of these changes on the transatlantic partnership over the last five years. The paper argues that these modifications entail a greater convergence between the policies of the two regions, though some ideological divergences, lack of coordination and differences in implementation are still observable. However, the increasing mutual realignment could foster a truly transatlantic partnership in the field if both partners attain to define a joint strategy and establish common institutions to ensure permanent dialogue and policy coherence. At the same time, this enhanced co-operation could enable them to remain the principal supporters of human rights and democracy in the current multi-polar order.

  5. Measuring the health impact of human rights violations related to Australian asylum policies and practices: a mixed methods study

    Directory of Open Access Journals (Sweden)

    Mulholland Kim

    2009-02-01

    Full Text Available Abstract Background Human rights violations have adverse consequences for health. However, to date, there remains little empirical evidence documenting this association, beyond the obvious physical and psychological effects of torture. The primary aim of this study was to investigate whether Australian asylum policies and practices, which arguably violate human rights, are associated with adverse health outcomes. Methods We designed a mixed methods study to address the study aim. A cross-sectional survey was conducted with 71 Iraqi Temporary Protection Visa (TPV refugees and 60 Iraqi Permanent Humanitarian Visa (PHV refugees, residing in Melbourne, Australia. Prior to a recent policy amendment, TPV refugees were only given temporary residency status and had restricted access to a range of government funded benefits and services that permanent refugees are automatically entitled to. The quantitative results were triangulated with semi-structured interviews with TPV refugees and service providers. The main outcome measures were self-reported physical and psychological health. Standardised self-report instruments, validated in an Arabic population, were used to measure health and wellbeing outcomes. Results Forty-six percent of TPV refugees compared with 25% of PHV refugees reported symptoms consistent with a diagnosis of clinical depression (p = 0.003. After controlling for the effects of age, gender and marital status, TPV status made a statistically significant contribution to psychological distress (B = 0.5, 95% CI 0.3 to 0.71, p ≤ 0.001 amongst Iraqi refugees. Qualitative data revealed that TPV refugees generally felt socially isolated and lacking in control over their life circumstances, because of their experiences in detention and on a temporary visa. This sense of powerlessness and, for some, an implicit awareness they were being denied basic human rights, culminated in a strong sense of injustice. Conclusion Government asylum policies

  6. Special Section: Human Rights

    Science.gov (United States)

    Frydenlund, Knut; And Others

    1978-01-01

    Eleven articles examine human rights in Europe. Topics include unemployment, human rights legislation, role of the Council of Europe in promoting human rights, labor unions, migrant workers, human dignity in industralized societies, and international violence. Journal available from Council of Europe, Directorate of Press and Information, 67006…

  7. Enhancing the Ethical Conduct of HIV Research with Migrant Sex Workers: Human Rights, Policy, and Social Contextual Influences.

    Science.gov (United States)

    Goldenberg, Shira M; Brouwer, Kimberly C; Jimenez, Teresita Rocha; Miranda, Sonia Morales; Mindt, Monica Rivera

    2016-01-01

    Migrant sex workers are often highly marginalized and disproportionately experience health and social inequities, including high prevalence of HIV, sexually transmitted infections, and human rights violations. In recent years, research involving migrant sex workers has increased, yet many knowledge gaps remain regarding how best to protect research participant rights and welfare. Our objective was to identify key challenges and opportunities related to the responsible conduct of HIV research with migrant sex workers. Focus groups and interviews conducted with 33 female sex workers ≥18 years old at the Guatemala-Mexico border from June 2013-February 2014 were analyzed. Participants were recruited through community outreach by a local HIV prevention organization to sex work establishments such as bars, hotels, street corners, and truck stops. Key themes influencing research engagement for migrant sex workers included researcher mistrust and fear related to research participation, rooted in the social isolation frequently faced by recent migrants; intersecting concerns related to immigration status, fear of criminalization, and compliance with sex work regulations; and perceived benefits and risks of HIV/STI testing for migrants (e.g., immigration implications, stigma) represent potential barriers and opportunities for the responsible conduct of research involving migrant sex workers. Results highlight the intersection between the human rights vulnerabilities of migrant sex workers and barriers to research participation, including social isolation of migrants and policy/legal barriers related to immigration and sex work. Findings illustrate the need for researchers to develop population-tailored procedures to address fears related to immigration and criminalization, and to reinforce positive and non-stigmatizing relationships with migrant sex workers. Community-led efforts to reduce stigma and foster community organization and supports for migrant sex workers are

  8. Enhancing the Ethical Conduct of HIV Research with Migrant Sex Workers: Human Rights, Policy, and Social Contextual Influences.

    Directory of Open Access Journals (Sweden)

    Shira M Goldenberg

    Full Text Available Migrant sex workers are often highly marginalized and disproportionately experience health and social inequities, including high prevalence of HIV, sexually transmitted infections, and human rights violations. In recent years, research involving migrant sex workers has increased, yet many knowledge gaps remain regarding how best to protect research participant rights and welfare. Our objective was to identify key challenges and opportunities related to the responsible conduct of HIV research with migrant sex workers.Focus groups and interviews conducted with 33 female sex workers ≥18 years old at the Guatemala-Mexico border from June 2013-February 2014 were analyzed. Participants were recruited through community outreach by a local HIV prevention organization to sex work establishments such as bars, hotels, street corners, and truck stops.Key themes influencing research engagement for migrant sex workers included researcher mistrust and fear related to research participation, rooted in the social isolation frequently faced by recent migrants; intersecting concerns related to immigration status, fear of criminalization, and compliance with sex work regulations; and perceived benefits and risks of HIV/STI testing for migrants (e.g., immigration implications, stigma represent potential barriers and opportunities for the responsible conduct of research involving migrant sex workers.Results highlight the intersection between the human rights vulnerabilities of migrant sex workers and barriers to research participation, including social isolation of migrants and policy/legal barriers related to immigration and sex work. Findings illustrate the need for researchers to develop population-tailored procedures to address fears related to immigration and criminalization, and to reinforce positive and non-stigmatizing relationships with migrant sex workers. Community-led efforts to reduce stigma and foster community organization and supports for migrant

  9. Human Rights, Human Needs, Human Development, Human Security

    OpenAIRE

    Gasper, Des

    2009-01-01

    Human rights, human development and human security form increasingly important, partly interconnected, partly competitive and misunderstood ethical and policy discourses. Each tries to humanize a pre-existing and unavoidable major discourse of everyday life, policy and politics; each has emerged within the United Nations world; each relies implicitly on a conceptualisation of human need; each has specific strengths. Yet mutual communication, understanding and co-operation are deficient, espec...

  10. Human rights and the challenges of science and technology: Commentary on Meier et al. "Translating the human right to water and sanitation into public policy reform" and Hall et al. "The human right to water: the importance of domestic and productive water rights".

    Science.gov (United States)

    Marks, Stephen P

    2014-12-01

    The expansion of the corpus of international human rights to include the right to water and sanitation has implications both for the process of recognizing human rights and for future developments in the relationships between technology, engineering and human rights. Concerns with threats to human rights resulting from developments in science and technology were expressed in the early days of the United Nations (UN), along with the recognition of the ambitious human right of everyone "to enjoy the benefits of scientific progress and its applications." This comment explores the hypothesis that the emerging concepts most likely to follow recognition of the human right to water primarily involve issues of science and technology, such as access to medicines or clean and healthy environment. Many threats to human rights from advances in science, which were identified in the past as potential, have become real today, such as invasion of privacy from electronic recording, deprivation of health and livelihood as a result of climate change, or control over individual autonomy through advances in genetics and neuroscience. This comment concludes by urging greater engagement of scientists and engineers, in partnership with human rights specialists, in translating normative pronouncements into defining policy and planning interventions.

  11. Human Rights/Human Needs.

    Science.gov (United States)

    Canning, Cynthia

    1978-01-01

    The faculty of Holy Names High School developed an interdisciplinary human rights program with school-wide activities focusing on three selected themes: the United Nations Universal Declaration of Human Rights, in conjunction with Human Rights Week; Food; and Women. This article outlines major program activities. (SJL)

  12. Human Rights, History of

    NARCIS (Netherlands)

    de Baets, Antoon; Wright, James

    2015-01-01

    In this article, six basic debates about human rights are clarified from a historical perspective: the origin of human rights as moral rights connected to the natural law doctrine and opposed to positive rights; the wave of criticism of their abstract and absolute character by nineteenth-century

  13. Demilitarization of the Police, Criminal Policy and Human Rights in the Democratic Rule of Law

    Directory of Open Access Journals (Sweden)

    Igor Frederico Fontes de Lima

    2016-10-01

    Full Text Available This article proposes a reflection on the incompatibility between the militarization of the police and the democratic rule of law. Seeing the violent mechanisms such as routine, relates to public safety model with Agamben's teachings on the state of exception as the rule. The culture of fear is seen as legitimizing the social longing for more militarized apparatus. Reconnecting Bauman, Zaffaroni and Foucault , the work points out that criminal policy is based on the annihilation of the other and that the penal system is extremely selective, using the PM's for vertical integration and standardization of acceptable profiles.

  14. Human Rights, Human Needs, Human Development, Human Security - Relationships between four international human discourses.

    NARCIS (Netherlands)

    D.R. Gasper (Des)

    2007-01-01

    markdownabstractAbstract: Human rights, human development and human security form increasingly important, partly interconnected, partly competitive and misunderstood ethical and policy discourses. Each tries to humanize a pre-existing and unavoidable major discourse of everyday life, policy and

  15. Culture, mobility and human rights: considerations on social occupational therapy in the context of immigrants municipal policy

    Directory of Open Access Journals (Sweden)

    Miki Takao Sato

    2016-01-01

    Full Text Available This article aims to discuss the need to revise education and professional action, in the context of social occupational therapy, facing the growing phenomenon of international migration, especially in the current construction of the municipal policy for immigrant populations in São Paulo, SP. The discussion is methodologically structured into three complementary lines of analysis results from documentary research accompanied by field study, visits, participations in meetings, inter-institutional forums, public hearings, thematic debates, in addition to literature review. In the first analysis axis, we discuss the current legislation in Brazil, the construction of migration policy at the municipal level and civil society articulations about human mobility, understood as a fundamental right. In the second, we discuss people care services, families and groups in migratory situation in São Paulo, SP. Finally, on the third axis, we discuss the cultural developments in social occupational therapy for professional action and training in the field of human mobility. As a result it was observed that the current panorama poses new professional challenges, forcing the occupational therapist to review its technical-political position face to the new realities of the contemporary world.

  16. Teaching Human Rights Law.

    Science.gov (United States)

    Berman, Howard R.

    1985-01-01

    The international community has developed a system of human rights law relevant to many areas of legal encounter, which American law schools have been slow to incorporate into curricula. Teaching human rights law provides an opportunity for law schools to enrich the learning process and contribute creatively to the respect for rights in society.…

  17. A Human Rights Glossary.

    Science.gov (United States)

    Flowers, Nancy

    1998-01-01

    Presents a human rights glossary that includes definitions of basic terms, treaties, charters, and groups/organizations that have been featured in previous articles in this edition of "Update on Law-Related Education"; the human rights terms have been compiled as part of the celebration of the Universal Declaration of Human Rights…

  18. AIDS and human rights.

    Science.gov (United States)

    Tarantola, D; Mann, J

    1995-01-01

    HIV/AIDS is a health problem that is inseparable from individual and collective behavior and social forces, particularly linked with societal respect for human rights and dignity. In its second decade, the HIV/AIDS pandemic continues to thrive. Where organized communities have access to adequate information, education, and services, the incidence of infection has begun to decline. Elsewhere, HIV continues to reach new populations and new geographic areas. Lessons learned in more than a decade of prevention work point to new directions for expanding national responses, at a time when the UNAIDS program, to be launched in January 1996, offers opportunities for innovative, broad-based, coordinated, and expanded global action. Prevention activities have shown that the spread of HIV can be effectively reduced. Public health interventions, including providing information and applying prevention methods, reduce the probability of infection, the risk of transmission, and the chances of not accessing appropriate care or support once infection has set in. These are proximal interventions that yield the short-term benefits of the decline of incidence and improved quality and duration of life for those infected. Societal vulnerability translates today into the focus the pandemic has on individuals, communities, and nations that are disadvantaged, marginalized, or discriminated against for reasons of gender, age, race, sexual orientation, economic status, or cultural, religious, or political affiliation. A fully expanded response to HIV/AIDS requires a combination of risk-reduction (proximal) and contextual interventions--those directed at reducing vulnerability through social change to enable people to exert control over their own health. Contextual actions can be implemented in the short term (changing laws, policies, practices that discriminate, promoting human rights, developing the most vulnerable communities) and in the long term (cultural changes, gender equality in

  19. Urbanization and human rights

    NARCIS (Netherlands)

    Mihr, A.

    Urban governance on the basis of human rights can help to set up problem solving mechanisms to guarantee social peace, economic growth and political participation.If states both integrate more in international or regional human rights regime and give more autonomy to urban governments and local

  20. UN human rights council

    Directory of Open Access Journals (Sweden)

    Vuksanović Mlrjana

    2014-01-01

    Full Text Available The paper deals with the structure, mechanisms, practices and perspectives of the Human Rights Council, the UN body that, at universal level is the most important body in this area. Introductory section provides for a brief overview of the origins of human rights and the work of the Commission on Human Rights, in whose jurisdiction were questions of human rights before the establishment of the Council. After the introductory section the author gives an analysis of the structure, objectives, mandate and main procedures for the protection of human rights within the united Nations. In the final section the authorpoints out the advantages of this authority and criticism addressed to it, with emphasis on the possibility and the need for its reform.

  1. Nature of Human Rights

    Directory of Open Access Journals (Sweden)

    Carlos López Dawson

    2016-07-01

    Full Text Available In the formation of a new Constitution the constituents will require to know or reach an agreement on the nature of human rights; then, to determine how the State will enforce the respect to those rights. To do so, it is necessary to resort to the history and evolution of these rights, and the present work aims to contribute to an efficient productive debate about the nature of human rights, so that citizens can decide on the understanding that this is a thoughtful democratic and humanistic founded decision. The analysis is in the actual technical-ideological republican system which correspond to the current state of international law

  2. Deuteronomy and Human Rights

    Directory of Open Access Journals (Sweden)

    G. Braulik

    1998-08-01

    Full Text Available If one compares the articles of the "Universal Declaration of Human Rights" dated December 10th, 1948, with the regulations of the book of Deuteronomy, one detects a surprising abundance of correspondences, or at least of similar tendencies, between them. As the social theorists of the seventeenth and eighteenth centuries, the architects of the catalogue of Human Rights, knew the Scripture very well. References to Deuteronomy are historically well probable and factually hardly coincidental. Deuteronomy rightly boasts about its social laws (4:8 that are unique in the Ancient Near East. The paper orientates itself to the short formula of Human Rights and at the same time to the normative basic character of each human right, as it is formulated in the first article of the declaration: "liberty", "equality", "fraternity". Each of these basic categories are concretised in terms of several Deuteronomic regulations and prove themselves to be central matters of concern within the YHWH religion. Finally, it is outlined how the connection between Deuteronomy and modem expressions of human rights might be explained, and further it is shown what actually makes up the peculiarity of biblical thinking on human rights.

  3. Business and Human Rights

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    This article analyses the United Nations (UN) Guidelines on Business and Human Rights adopted in 2011 by the UN Human Rights Council from the perspective of transnational business governance interactions (TBGI) analytical framework.1 The article identifies and discusses dimensions of interaction...... in several areas of relevance to transnational business governance interaction and indicates the relevance of the TBGI approach to public regulatory transnational business governance initiatives. The analysis of the Guiding Principles as interactional transnational business governance suggests that this form...

  4. Human Rights in Prisons

    DEFF Research Database (Denmark)

    Jefferson, Andrew M.; Gaborit, Liv Stoltze

    Drawing on participatory action research conducted in Sierra Leone, Kosovo and the Philippines, Human Rights in Prisons analyses encounters between rights-based non-governmental organisations and prisons. It explores the previously under-researched perspectives of prison staff and prisoners...

  5. Biotechnology and human rights.

    Science.gov (United States)

    Feuillet-Le Mintier, B

    2001-12-01

    Biotechnology permits our world to progress. It's a tool to better apprehend the human being, but as well to let him go ahead. Applied to the living, biotechnologies present the same finality. But since their matter concerns effectively the living, they are the sources of specific dangers and particularly of that one to use the improvements obtained on the human to modify the human species. The right of the persons has to find its place to avoid that the fundamental rights of the human personality shall undergo harm. This mission assigned to the right of the persons is as so much invaluable that the economical stakes are particularly important in the domain of the biotechnologies.

  6. Business and Human Rights

    DEFF Research Database (Denmark)

    Buhmann, Karin

    This article analyses the United Nations (UN) Guidelines on Business and Human Rights adopted in 2011 by the UN Human Rights Council from the perspective of Transnational Business Governance Interactions (TBGI) analytical framework (Eberlein et al. 2014). The article identifies and discusses...... that the UN Guiding Principles are unique in several respects of relevance to transnational business governance interaction and indicate the relevance of the TBGI approach to public regulatory transnational business governance initiatives. The analysis of the Guiding Principles as interactional transnational...... business governance suggests that this form of governance offers prospects for public institutions as a means towards regulating global sustainability concerns....

  7. Business and Human Rights

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    This article analyses the United Nations (UN) Guidelines on Business and Human Rights adopted in 2011 by the UN Human Rights Council from the perspective of transnational business governance interactions (TBGI) analytical framework.1 The article identifies and discusses dimensions of interaction...... and components of regulatory governance which characterize the Guiding Principles, focusing in particular on rule formation and implementation. The article notes that the Guiding Principles actively enrolled other actors for the rule-making process, ensuring support in a politically and legally volatile field...

  8. Extraterritorial Human Rights Obligations

    DEFF Research Database (Denmark)

    Amsinck Boie, Hans Nikolaj; Torp, Kristian

    adequately be addressed without including the approach to the problem taken in practice; Corporate Social Responsibility, CSR. The book therefore draws upon the concept of CSR and the approaches developed here and discusses whether states may utilize the CSR-based concept of human rights due diligence...

  9. Human Rights in the Humanities

    Science.gov (United States)

    Harpham, Geoffrey

    2012-01-01

    Human rights are rapidly entering the academic curriculum, with programs appearing all over the country--including at Duke, Harvard, Northeastern, and Stanford Universities; the Massachusetts Institute of Technology; the Universities of Chicago, of Connecticut, of California at Berkeley, and of Minnesota; and Trinity College. Most of these…

  10. Human Rights and Human Function

    Directory of Open Access Journals (Sweden)

    Mohsen Javadi

    2006-03-01

    Full Text Available This paper firstly explores some theories of Human Rights justification and then assents to the theory that Human Rights is based on justified moral values. In order to justify moral values, Aristotle’s approach called “Function Argument” is reviewed. Propounding this argument, the writer attempts to show that all analysis of human identity will directly contribute to the man’s view of his rights. Not only Human rights is really determined by human function or human distinguishing characteristic i.e. human identity, but in the world of knowledge the proper method to know human rights is to know human being himself. n cloning violates man’s rights due to two reasons: damage of human identity and violation of the right to be unique. Attempting to clarify the nature of human cloning, this article examines the aspects to be claimed to violate human rights and evaluates the strength of the reasons for this claim. این مقاله پس از بررسی اجمالی برخی از نظریه‌های توجیه حقوق بشر، نظریة ابتنای آن بر ارزش‌های اخلاقی موجّه را می‌پذیرد. دربارة چگونگی توجیه ارزش اخلاقی، رویکرد ارسطو که به «برهان ارگن» موسوم است، مورد بحث و بررسی قرار می‌گیرد. مؤلف با طرح این برهان می‌کوشد نشان دهد ارائه هرگونه تحلیل از هویت انسان در نگرش آدمی به حقوق خود تأثیر مستقیم خواهد گذاشت. حقوق آدمی نه فقط از ناحیة کارویژه یا فصل ممیز وی (هویت انسان تعیّن واقعی می‌گیرد، بلکه در عالم معرفت هم راه درست شناخت حقوق بشر، شناخت خود انسان است.

  11. The impact of cost recovery and sharing system on water policy implementation and human right to water: a case of Ileje, Tanzania.

    Science.gov (United States)

    Kibassa, Deusdedit

    2011-01-01

    In Tanzania, the National Water Policy (NAWAPO) of 2002 clearly stipulates that access to water supply and sanitation is a right for every Tanzanian and that cost recovery is the foundation of sustainable service delivery. To meet these demands, water authorities have introduced cost recovery and a water sharing system. The overall objective of this study was to assess the impact of cost recovery and the sharing system on water policy implementation and human rights to water in four villages in the Ileje district. The specific objectives were: (1) to assess the impact of cost recovery and the sharing system on the availability of water to the poor, (2) to assess user willingness to pay for the services provided, (3) to assess community understanding on the issue of water as a human right, (4) to analyse the implications of the results in relation to policies on human rights to water and the effectiveness of the implementation of the national water policy at the grassroots, and (5) to establish the guidelines for water pricing in rural areas. Questionnaires at water demand, water supply, ability and willingness to pay and revenue collection were the basis for data collection. While 36.7% of the population in the district had water supply coverage, more than 73,077 people of the total population of 115,996 still lacked access to clean and safe water and sanitation services in the Ileje district. The country's rural water supply coverage is 49%. Seventy-nine percent of the interviewees in all four villages said that water availability in litres per household per day had decreased mainly due to high water pricing which did not consider the income of villagers. On the other hand, more than 85% of the villagers were not satisfied with the amount they were paying because the services were still poor. On the issue of human rights to water, more than 92% of the villagers know about their right to water and want it exercised by the government. In all four villages, more than

  12. Philanthropy and Human Rights

    DEFF Research Database (Denmark)

    Larsen, Øjvind

    2013-01-01

    written about philanthropy from a political, sociological, anthropological and managerial perspective. However, an essential question remains: what does philanthropy mean? In a Greek context, philanthropy is connected to a friendly act towards one’s owns close connections such as family or fellow citizens......, and normally utilized to promote one’s own prestige in the city-state. In Roman context, universal humanism, humanitas, was invented. This universal perspective was also supported by Christianity. It is this universal concept of philanthropy which is the foundation for the different philanthropic traditions...... in Germany, England, France and USA. In each tradition is developed special features of the concept of philanthropy. The four traditions are summarized in the UN universal human rights, which has become the common normative reference for global philanthropy. In this way philanthropy has become, in a modern...

  13. Philosophical foundations of human rights

    CERN Document Server

    Liao, Matthew S

    2015-01-01

    What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focusses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. 'Secondly, it looks at the implications that different moral perspectives on human rights bear for human rights law and politics. Thirdly, it discusses specific and topical human rights including freedom of expression and religion, security, health and more controversial rights such as a human right to subsistence. The final part discusses nuanced critical and reformative views on human rights from feminist, Kantian and relativist perspectives among others. The essays represent new and canonical research by leading scholars in the field. Each part is comprised of a set...

  14. Human Rights, Human Needs, Human Development, Human Security : Relationships between four international 'human' discourses

    NARCIS (Netherlands)

    D.R. Gasper (Des)

    2007-01-01

    textabstractHuman rights, human development and human security form increasingly important, partly interconnected, partly competitive and misunderstood ethical and policy discourses. Each tries to humanize a pre-existing and unavoidable major discourse of everyday life, policy and politics; each

  15. Nutrition, health and human rights.

    Science.gov (United States)

    Brundtland, G H

    1999-07-01

    This paper presents the speech delivered by Gro Harlem Brundtland, Director-General of WHO, on issues related to nutrition from a health and a human rights perspective. According to Brundtland, nutrition is a universal factor that both affects and defines the health of all people. It affects not only growth and physical development of a child, but also his cognitive and social development. However, inequity, poverty, underdevelopment, as well as inadequate access to food, health and care still exist which have resulted to the deaths of millions of children and left many more suffering from diseases. Poverty has also been identified as the main obstacle to the attainment of health. The existence of structural poverty and ill health eventually leads to poor development, which includes poor nutrition, poor health, and poor human rights. The impact of poverty on health is further worsened by discrimination on the basis of race, color, sex, language, or religion. To address this issue, the WHO will renew their focus on the political and legal links between health and human rights. A human rights perspective provides the international community with an opportunity to support the development of public health policies and practices that promote healthy nutrition as a center of all social and economic development.

  16. How Are Gender Equality and Human Rights Interventions Included in Sexual and Reproductive Health Programmes and Policies: A Systematic Review of Existing Research Foci and Gaps

    Science.gov (United States)

    Khosla, Rajat; Krishnan, Suneeta; George, Asha; Gruskin, Sofia; Amin, Avni

    2016-01-01

    The importance of promoting gender equality and human rights in sexual and reproductive health (SRH) programmes and policies has been affirmed in numerous international and regional agreements, most recently the 2030 Agenda for Sustainable Development. Given the critical role of research to determine what works, we aimed to identify research gaps as part of a broader priority setting exercise on integrating gender equality and human rights approaches in SRH programmes and policies. A systematic literature review of reviews was conducted to examine the question: what do we know about how research in the context of SRH programmes and policies has addressed gender equality and human rights and what are the current gaps in research. We searched three databases for reviews that addressed the research question, were published between 1994–2014, and met methodological standards for systematic reviews, qualitative meta-syntheses and other reviews of relevance to the research question. Additional grey literature was identified based on expert input. Articles were appraised by the primary author and examined by an expert panel. An abstraction and thematic analysis process was used to synthesize findings. Of the 3,073 abstracts identified, 56 articles were reviewed in full and 23 were included along with 10 from the grey literature. The majority focused on interventions addressing gender inequalities; very few reviews explicitly included human rights based interventions. Across both topics, weak study designs and use of intermediate outcome measures limited evidence quality. Further, there was limited evidence on interventions that addressed marginalized groups. Better quality studies, longer-term indicators, and measurement of unintended consequences are needed to better understand the impact of these types of interventions on SRH outcomes. Further efforts are needed to cover research on gender equality and human rights issues as they pertain to a broader set of SRH topics

  17. How Are Gender Equality and Human Rights Interventions Included in Sexual and Reproductive Health Programmes and Policies: A Systematic Review of Existing Research Foci and Gaps.

    Directory of Open Access Journals (Sweden)

    Miriam Hartmann

    Full Text Available The importance of promoting gender equality and human rights in sexual and reproductive health (SRH programmes and policies has been affirmed in numerous international and regional agreements, most recently the 2030 Agenda for Sustainable Development. Given the critical role of research to determine what works, we aimed to identify research gaps as part of a broader priority setting exercise on integrating gender equality and human rights approaches in SRH programmes and policies. A systematic literature review of reviews was conducted to examine the question: what do we know about how research in the context of SRH programmes and policies has addressed gender equality and human rights and what are the current gaps in research. We searched three databases for reviews that addressed the research question, were published between 1994-2014, and met methodological standards for systematic reviews, qualitative meta-syntheses and other reviews of relevance to the research question. Additional grey literature was identified based on expert input. Articles were appraised by the primary author and examined by an expert panel. An abstraction and thematic analysis process was used to synthesize findings. Of the 3,073 abstracts identified, 56 articles were reviewed in full and 23 were included along with 10 from the grey literature. The majority focused on interventions addressing gender inequalities; very few reviews explicitly included human rights based interventions. Across both topics, weak study designs and use of intermediate outcome measures limited evidence quality. Further, there was limited evidence on interventions that addressed marginalized groups. Better quality studies, longer-term indicators, and measurement of unintended consequences are needed to better understand the impact of these types of interventions on SRH outcomes. Further efforts are needed to cover research on gender equality and human rights issues as they pertain to a broader

  18. How Are Gender Equality and Human Rights Interventions Included in Sexual and Reproductive Health Programmes and Policies: A Systematic Review of Existing Research Foci and Gaps.

    Science.gov (United States)

    Hartmann, Miriam; Khosla, Rajat; Krishnan, Suneeta; George, Asha; Gruskin, Sofia; Amin, Avni

    2016-01-01

    The importance of promoting gender equality and human rights in sexual and reproductive health (SRH) programmes and policies has been affirmed in numerous international and regional agreements, most recently the 2030 Agenda for Sustainable Development. Given the critical role of research to determine what works, we aimed to identify research gaps as part of a broader priority setting exercise on integrating gender equality and human rights approaches in SRH programmes and policies. A systematic literature review of reviews was conducted to examine the question: what do we know about how research in the context of SRH programmes and policies has addressed gender equality and human rights and what are the current gaps in research. We searched three databases for reviews that addressed the research question, were published between 1994-2014, and met methodological standards for systematic reviews, qualitative meta-syntheses and other reviews of relevance to the research question. Additional grey literature was identified based on expert input. Articles were appraised by the primary author and examined by an expert panel. An abstraction and thematic analysis process was used to synthesize findings. Of the 3,073 abstracts identified, 56 articles were reviewed in full and 23 were included along with 10 from the grey literature. The majority focused on interventions addressing gender inequalities; very few reviews explicitly included human rights based interventions. Across both topics, weak study designs and use of intermediate outcome measures limited evidence quality. Further, there was limited evidence on interventions that addressed marginalized groups. Better quality studies, longer-term indicators, and measurement of unintended consequences are needed to better understand the impact of these types of interventions on SRH outcomes. Further efforts are needed to cover research on gender equality and human rights issues as they pertain to a broader set of SRH topics

  19. Human Rights: The Essential Reference.

    Science.gov (United States)

    Devine, Carol; Hansen, Carol Rae; Wilde, Ralph; Bronkhorst, Daan; Moritz, Frederic A.; Rolle, Baptiste; Sherman, Rebecca; Southard, Jo Lynn; Wilkinson, Robert; Poole, Hilary, Ed.

    This reference work documents the history of human rights theory, explains each article of the Universal Declaration of Human Rights, explores the contemporary human rights movement, and examines the major human rights issues facing the world today. This book is the first to combine historical and contemporary perspectives on these critical…

  20. Why Right is Might: How the Social Science on Radicalisation suggests that International Human Rights Norms actually help frame Effective Counterterrorism Policies

    Directory of Open Access Journals (Sweden)

    Tom Parker

    2012-08-01

    Full Text Available Many states appear to turn instinctively to hard power resources when confronted with a terrorist threat. Yet existing research on violent extremism and radicalisation leading to terrorism suggests that such responses might well exacerbate the problem. Terrorist groups actively seek to exploit the push-pull dynamic that drives radicalisation and violent extremism, while one case study after the other indicates that states thereby appear to play actively into their hands. Social science research suggests that international human rights norms assist compliant states to moderate responses, build legitimacy, and ultimately craft effective counterterrorism strategies. A close reading of the literature on radicalisation and terrorist group formation offers qualitative evidence to support this conclusion. 

  1. Pragmatic Challenges to Human Rights

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2007-01-01

    Pragmatism offers a platform for posing relevant questions. This article uses a pragmatic point of departure to question a natural law conception of human rights and to take a closer look at three pressing human rights problems: The human rights situation in states with little or no state capacity......; the revision and adaptation of human rights law; and the not straightforward relationship betweemn human rights and democracy....

  2. Critical Theory of Human Rights

    NARCIS (Netherlands)

    Rensmann, Lars; Thompson, Michael J.

    2017-01-01

    International human rights have become an important global norm that has increasingly been incorporated into international law and global conventions. Human rights are a key reference point of mobilizations by diverse groups and international nongovernmental organization (INGOs) in global publics

  3. Oil companies and human rights

    International Nuclear Information System (INIS)

    Chandler, Geoffrey

    1997-01-01

    This article highlights the need for oil companies in the future to take into account human rights in corporate decision making. The influence oil companies can bring to bear on government violating human rights, excuses for not voicing condemnation of abuses, and the 1948 Universal Declaration of Human Rights are discussed. (UK)

  4. Human Rights and Public Education

    Science.gov (United States)

    Bowring, Bill

    2012-01-01

    This article attempts a contrast to the contribution by Hugh Starkey. Rather than his account of the inexorable rise of human rights discourse, and of the implementation of human rights standards, human rights are here presented as always and necessarily scandalous and highly contested. First, I explain why the UK has lagged so far behind its…

  5. In the name of human rights: the problematics of EU ethical foreign policy in Africa and elsewhere

    Directory of Open Access Journals (Sweden)

    Olivia Umurerwa Rutazibwa

    2014-02-01

    Full Text Available This doctoral research project explores avenues to research ethically defined foreign policy differently, i.e. in ways that more systematically account for its counterproductive elements. Building on the specific case of the European Union’s foreign policy in sub-Saharan Africa, embodied by the 2000 Cotonou Agreement and the 2007 Joint Africa-EU Strategy, through four papers and one books review, the study firstly develops the Ethical Intervener Europe analytical framework to account for the embedded problematics in the EU’s ethical foreign policy. Secondly, through an eclectic theoretical approach, the study seeks to theoretically pin-point some alternatives to think about ethical foreign policy and finally, looks to concretize it through its application on the case of relative autonomous peace- and state-building in Somaliland. This research report briefly introduces the different findings and addresses the need for further research in view of a decolonial approach to the study of ethical foreign policy in a context of structural inequality. Key words: ethical foreign policy, (humanitarian interventions, EU, sub-Saharan Africa, Somaliland, decoloniality, democratization, state-building

  6. Teachers and Human Rights Education

    Science.gov (United States)

    Osler, Audrey; Starkey, Hugh

    2010-01-01

    Why do teachers need to be familiar with human rights? In multicultural societies, whose values take precedence? How do schools resolve tensions between children's rights and teachers' rights? Campaigners, politicians and the media cite human rights to justify or challenge anything from peaceful protest to military action. The phrase "human…

  7. Food Security and Human Rights in Indonesia

    NARCIS (Netherlands)

    Hadiprayitno, I.

    2010-01-01

    Food is crucial to an adequate standard of living. The acknowledgement of the right to food in government policies is fundamental to the protection of human dignity, particularly in relation to food insecurity. It allows the right-holder to seek redress and hold government accountable for

  8. Homoaffectivity and Human Rights

    OpenAIRE

    Luiz Mott

    2006-01-01

    The civil union between persons of the same sex is analyzed in this essay through the discussion of the roots of the anti-homosexual prejudice and the fight for the citizenship of gays, lesbians and transgenders in Brazil, and through listing the different manifestations of homofobia in our social environment. We deconstruct the contrary opinions against the homosexual marriage, justifying with etho-historical evidences the extending of equal rights to the couples of the same s...

  9. Child feeding and human rights

    Directory of Open Access Journals (Sweden)

    Kent George

    2006-12-01

    Full Text Available Abstract Background The human right to adequate food needs to be interpreted for the special case of young children because they are vulnerable, others make the choices for them, and their diets are not diverse. There are many public policy issues relating to child feeding. Discussion The core of the debate lies in differences in views on the merits of infant formula. In contexts in which there is strong evidence and a clear consensus that the use of formula would be seriously dangerous, it might be sensible to adopt rules limiting its use. However, until there is broad consensus on this point, the best universal rule would be to rely on informed choice by mothers, with their having a clearly recognized right to objective and consistent information on the risks of using different feeding methods in their particular local circumstances. Summary The obligation of the state to assure that mothers are well informed should be viewed as part of its broader obligation to establish social conditions that facilitate sound child feeding practices. This means that mothers should not be compelled to feed in particular ways by the state, but rather the state should assure that mothers are supported and enabled to make good feeding choices. Thus, children should be viewed as having the right to be breastfed, not in the sense that the mother is obligated to breastfeed the child, but in the sense that no one may interfere with the mother's right to breastfeed the child. Breastfeeding should be viewed as the right of the mother and child together.

  10. A Hierarchy of Human Rights.

    Science.gov (United States)

    Brockett, Charles

    To establish an objective conception of human rights, one must first identify basic needs intrinsic to all people and then determine whether these needs are or can be hierarchically ordered. Many scholars have conducted research on the concept of human needs, particularly in the area of human rights. Among these scholars are Abraham H. Maslow…

  11. Homoaffectivity and Human Rights

    Directory of Open Access Journals (Sweden)

    Luiz Mott

    2006-05-01

    Full Text Available The civil union between persons of the same sex is analyzed in this essay through the discussion of the roots of the anti-homosexual prejudice and the fight for the citizenship of gays, lesbians and transgenders in Brazil, and through listing the different manifestations of homofobia in our social environment. We deconstruct the contrary opinions against the homosexual marriage, justifying with etho-historical evidences the extending of equal rights to the couples of the same sex, including the legal recognition of the civil union.

  12. Human Rights and Cultural Identity

    Directory of Open Access Journals (Sweden)

    John-Stewart Gordon

    2015-12-01

    Full Text Available Universal human rights and particular cultural identities, which are relativistic by nature, seem to stand in conflict with each other. It is commonly suggested that the relativistic natures of cultural identities undermine universal human rights and that human rights might compromise particular cultural identities in a globalised world. This article examines this supposed clash and suggests that it is possible to frame a human rights approach in such a way that it becomes the starting point and constraining framework for all non-deficient cultural identities. In other words, it is possible to depict human rights in a culturally sensitive way so that universal human rights can meet the demands of a moderate version of meta-ethical relativism which acknowledges a small universal core of objectively true or false moral statements and avers that, beyond that small core, all other moral statements are neither objectively true nor false.

  13. Discursive Framings of Human Rights

    DEFF Research Database (Denmark)

    What does it mean to be a subject of human rights? The status of the subject is closely connected with the form and rhetoric of the framing discourse, and this book investigates the relationship between the status of the subject and the form of human rights discourse, in differing aesthetic...... and social contexts. Historical as well as contemporary declarations of rights have stressed both the protective and political aspects of human rights. But in concrete situations and conflictual moments, the high moral legitimacy of human rights rhetoric has often clouded the actual character of specific...... interventions, and so made it difficult to differentiate between the objects of humanitarian intervention and the subjects of politics. Critically re-examining this opposition – between victims and agents of human rights – through a focus on the ways in which discourses of rights are formed and circulated...

  14. The nature of human rights

    Directory of Open Access Journals (Sweden)

    Krivokapić Boris

    2016-01-01

    Full Text Available In the first part of the paper, the author points out that, unlike in the past, in our time human rights developed into a fair legal institution, and even a special system. They are formulated and protected both internally and internationally. The second part deals with the approach according to which human rights are part of the so-called. natural law. The author notes that the theory of natural law can not be accepted for many reasons. It is pure construction, which is far from reality, and besides it is unnecessary. Law and thus human rights as a part of it, is a social creation, developing along with the society itself, whereby, in the longer term, advanced norms in the matter of human rights replace obsolete ones. Life and human needs are the ones who impose such development. In the third part the writer notes that since under human rights one can have in mind various things, at least such a special concept and, on the other hand, specific rights, it is not possible to give a single answer to what is the nature of human rights. It is even harder as human rights, have a variety of dimensions - legal, philosophical, ideological, political, economic, social, educational, etc. However, he gives his view of the main characteristics of the modern concept of human rights. In the fourth part, the author notes that, speaking not about the concept, but human rights as such, their main characteristics are that they are: 1 source - belong to anyone on the grounds that he is a human being (general rights or a member specific vulnerable groups (special rights; 2 universal - belong to everyone or all members of vulnerable groups, without any discrimination based on personal characteristics, and on the other hand, the most important such rights shall be recognized in all states; 3 inalienable - one can not give up or else share his basic human rights, such as the right to life, the right to vote, etc.; 4 somewhat different - although, in principle, all

  15. Sovereignty, human rights, and international migrations

    Directory of Open Access Journals (Sweden)

    Rossana Rocha Reis

    2006-01-01

    Full Text Available This article discusses the relationship between sovereignty and human rights concerning the elaboration of immigration policies. It deals with the role of the State in international migrations, the effects of the development of an international human rights legislation over the immigration question, and finally discusses the idea that the increasing international migration is leading the State to lose control over its population and territory, two central features of the sovereignty concept.

  16. The Human Right to Peace

    Directory of Open Access Journals (Sweden)

    Carlos Villán Durán

    2014-10-01

    Full Text Available The international codification of the human right to peace was brought to the United Nations by civil society organizations. The draft declaration submitted to the States has a holistic nature, is very rooted in the international human rights law, and considers peace as the absence of all forms of violence (Santiago Declaration on the Human Right to Peace of 10 December 2010. A working group appointed by the UN Human Rights Council should achieve a new and consensual text to bridge the existing gap between developed and developing States in this field, the former being more supportive of the thesis maintained by civil society.

  17. Understanding the Role of an International Convention on the Human Rights of People with Disabilities: An Analysis of the Legal, Social, and Practical Implications for Policy Makers and Disability and Human Rights Advocates in the United States. White Paper.

    Science.gov (United States)

    Lord, Janet E.

    This White Paper by the National Council on Disability urges the support and participation of American policymakers and organizations representing people with disabilities in the drafting of an international human rights treaty specifically addressing the rights of people with disabilities. Following an executive summary and an introductory…

  18. Kingdom, covenant, and human rights

    Directory of Open Access Journals (Sweden)

    Koos Vorster

    2017-07-01

    Full Text Available This research revisits the idea of a Christian perspective on human rights. Departing from a hermeneutics of trust, this article considers the concept of human rights from the perspective of revelation history. Revelation history departs from the consent of the parts of Scripture, irrespective of differences in dating, original languages, canonical differentiation, cultural, social and historical contexts. Scripture offers a theological unity consisting of various topics which are developed continuing and purposeful throughout the biblical revelation. Two of the major topics in Scripture as they are revealed by a revelation historical survey are the concepts kingdom of God and the covenant of God with God’s people. In this article these two concepts will be used as a foundation for a Christian theory of human rights both as legal human rights and moral human rights. The central theoretical argument of this investigation is that both the concepts kingdom and covenant are essentially about justice and relationships – the justice of the kingdom and the relation between God and humankind, the relation between people and the relation between humans and creation. These relations are the essence of the rights people have, vis-à-vis the authority of the day and other people. These rights, which deal with the orderly maintenance of relationships, can be formalised in legal human rights and should be nurtured and protected by the civil authorities. Christians and churches as moral agents in society have the calling to promote the idea of human rights in constitutional democracies.

  19. The International Human Rights Muddle.

    Science.gov (United States)

    Machan, Tibor R.

    1979-01-01

    Discusses confusion about the meaning of human rights in the United States. Suggests that welfare rights usurp the more traditional freedom rights of the founding fathers. Contrasts American interpretations with those of the Soviet Union. Journal availability: see SO 507 190. (KC)

  20. The Politics of Human Rights in Argentina

    OpenAIRE

    Brysk, Alison

    2013-01-01

    Revised edition of 1994 out-of-print Stanford University Press study of human rights protest, social change, and democratization in Argentina.  A symbolic politics analysis of the truth commission, trials, and policy reform in Latin America's most sweeping transition of the 1980's.

  1. Scientific Freedom and Human Rights

    Science.gov (United States)

    Munoz, Elisa

    2000-03-01

    As part of her ongoing work monitoring issues at the intersection of science and human rights, Ms. Munoz has highlighted violations of academic freedom in Serbia and Iran, the denial of visas and travel licenses to U.S. and Cuban scientists, interference with scientific freedom in Brazil, Mexico, Russia, and the Ukraine, the use of organs from executed prisoners in China, legislation jeopardizing women's health in Iran, and the closure of centers for the treatment of torture survivors in Turkey. Such violations contravene international human rights principles listed in the Universal Declaration of Human Rights and other international human rights covenants. Ms. Munoz will describe current violations of scientific freedom and the relevant international principles on which these freedoms rest.

  2. Human rights approach to health.

    Science.gov (United States)

    Haigh, Fiona

    2002-04-01

    Adopting human rights approach to health carries many benefits, because it emphasizes the equality of all persons and their inherent right to health as the foundation of the health care system. It also argues that promotion and protection of health are fundamentally important social goals, focuses particularly on the needs of the most disadvantaged and vulnerable communities, balances individual needs with the common good, and so forth. However, it also raises some practical issues, such as organization of interdisciplinary education and work, and different use of the language, which often goes unacknowledged. The relationship between human rights and health is a reciprocal one, and can be beneficial or harmful. For the relationship to be beneficial and successful, the differences between human rights and public health approach to health, centered around the perspective taking, attitudes, and abilities of health professionals, need to be acknowledged and reconciled, and the need for interdisciplinarity adequately fulfilled.

  3. A Culture Of Health And Human Rights.

    Science.gov (United States)

    Mariner, Wendy K; Annas, George J

    2016-11-01

    A culture of health can be seen as a social norm that values health as the nation's priority or as an appeal to improve the social determinants of health. Better population health will require changing social and economic policies. Effective changes are unlikely unless health advocates can leverage a framework broader than health to mobilize political action in collaboration with non-health sector advocates. We suggest that human rights-the dominant international source of norms for government responsibilities-provides this broader framework. Human rights, as expressed in the Universal Declaration of Human Rights and enforceable treaties, require governments to assure their populations nondiscriminatory access to food, water, education, work, social security, and a standard of living adequate for health and well-being. The policies needed to realize human rights also improve population health, well-being, and equity. Aspirations for human rights are strong enough to endure beyond inevitable setbacks to specific causes. Project HOPE—The People-to-People Health Foundation, Inc.

  4. Land administration, planning and human rights

    DEFF Research Database (Denmark)

    Enemark, Stig; Hvingel, Line Træholt; Galland, Daniel

    2014-01-01

    The people-to-land relationship is dynamic and changes over time in response to cultural, social, and economic development. Land policies, institutions and land administration systems are key tools aimed at governing this relationship. Such tools will normally include the means for allocating...... and controlling rights, restrictions and responsibilities in land – often termed RRRs. Each of the RRRs encompasses a human rights dimension that should be seen and unfolded as more than just political rhetoric. This paper attempts to analyse the aspect of human rights in relation to land administration systems...... with a special focus on less developed countries struggling to build adequate systems for governing the RRRs in land. In doing so, the paper conceives planning as a key function and means of land administration systems by which human rights should be underpinned in solving concrete land issues....

  5. "Taking the human out of human rights" human rights or group rights?

    Directory of Open Access Journals (Sweden)

    Bojanić Petar

    2015-01-01

    Full Text Available What interest me are the reasons why “human” or “human rights” could be important or possibly most important in constituting a group (hence the introduction of the complicated word “group” and “group right(s” in the subtitle. If I had to justify the existence of the latest debates on nature, justification and universality of human rights, on their distinction from other normative standards, on the philosophy and (legal foundation of human rights, on “Human Rights without (or with Foundations” (Raz, Tasioulas, Besson, then I would immediately conclude that this “process of grandiose concretization” of a complete fabrication is far from over. Despite the innumerable pacts and international conventions established after World War II, the slew of obligations to which states have agreed in the last few decades, the establishment of rights to secession or humanitarian intervention it is as if the constitution of classification of basic human rights and their universality is far from over. [Projekat Ministarstva nauke Republike Srbije, br. 43007

  6. Human Rights in the West

    Directory of Open Access Journals (Sweden)

    Jorgen S. Nielsen

    1996-12-01

    Full Text Available One of the areas of conflict between Islam and the West in today’s world is the concern for human rights. This has sometimes been criticized in the Muslim world as a form of neo-imperialism. It is therefore necessary to understand the various dimensions of human rights, and the various phases through which this concern has grown. In the earliest form, it was an assertion of the rights of the landed aristocracy against those of the monarch. The French revolution, with its emphasis on "liberty, equality and fraternity," for all individuals, provided another dimension. There were many occasions on which individual and organized religion came into conflict during the Middle Ages. The experience of World War II, particularly the atrocities of the Nazis, led to the internationalization of individual rights.

  7. Pursuing the Right to an Effective Remedy for Human Rights ...

    African Journals Online (AJOL)

    Undoubtedly, global and regional human rights instruments clearly entrench the right to an effective remedy for a human rights violation. The substantive nature of the right to an effective remedy makes it relevant to the realisation of the right to equality as well as the right to equal protection under the law. Cameroon, as a ...

  8. Human Rights Act, 12 February 1987.

    Science.gov (United States)

    1987-01-01

    This document reprints major provisions of the Yukon's (Canada) 1987 Human Rights Act. The Act furthers the public policy that every individual is free and equal in dignity and rights, seeks to discourage and eliminate discrimination, and promotes the underlying principles of Canadian and international human rights instruments. Part 1 contains a Bill of Rights that protects the right to freedom of: 1) religion and conscience, 2) expression, 3) assembly and association, and 4) to enjoyment and disposition of property. Part 2 prohibits discrimination based on ancestry (including color and race), national origin, ethnic or linguistic background or origin, age, sex (including pregnancy), and marital or family status. Discrimination is also prohibited when offering services, goods, or facilities to the public; in connection with employment; in connection with membership in trade unions or trade, occupational, or professional associations; and in negotiation or performance of public contracts. The Bill of Rights lists reasonable causes for discrimination as well as exemptions, including preferential treatment for organization or family members or employment in a private home. Special programs and affirmative action programs are specifically not considered discrimination under this Act. The Act sets forth rules for providing equal pay for work of equal value and creates a Yukon Human Rights Commission to promote human rights and assist adjudication of complaints.

  9. Poverty, disability and human rights

    Directory of Open Access Journals (Sweden)

    Beatriz Martínez Ríos

    2013-07-01

    Full Text Available It is estimated that persons with disabilities represent 15% of the world population. There is a strong link between poverty and disability. Population with disabilities is among the most disadvantaged and discriminated. However, development economic theories have forgotten essential matters about this population, contributing towards their invisibility and poverty. The Capability Approach from a Human Rights based approach brings us a new dimension. The extraordinary costs that arise from a disability and from the psychological, physical and social barriers that persons with disabilities face, contribute to their poverty, lack of freedom and vulneration of human rights, as put forward by current studies on this subject. International co-operation becomes a very valuable tool to be used for the promotion of the rights of persons with disabilities and overcoming poverty.

  10. Speaking Truth to Power: Women's Rights as Human Rights

    Science.gov (United States)

    Crocco, Margaret Smith

    2007-01-01

    The author considers the treatment of women's rights as human rights in the social studies curriculum. She discusses the role of the United Nations in promoting women's rights since the adoption of the Universal Declaration of Human Rights in 1948. She also reviews the treatment of women's rights within social studies curriculum today through a…

  11. Right-handed fossil humans.

    Science.gov (United States)

    Lozano, Marina; Estalrrich, Almudena; Bondioli, Luca; Fiore, Ivana; Bermúdez de Castro, José-Maria; Arsuaga, Juan Luis; Carbonell, Eudald; Rosas, Antonio; Frayer, David W

    2017-11-01

    Fossil hominids often processed material held between their upper and lower teeth. Pulling with one hand and cutting with the other, they occasionally left impact cut marks on the lip (labial) surface of their incisors and canines. From these actions, it possible to determine the dominant hand used. The frequency of these oblique striations in an array of fossil hominins documents the typically modern pattern of 9 right- to 1 left-hander. This ratio among living Homo sapiens differs from that among chimpanzees and bonobos and more distant primate relatives. Together, all studies of living people affirm that dominant right-handedness is a uniquely modern human trait. The same pattern extends deep into our past. Thus far, the majority of inferred right-handed fossils come from Europe, but a single maxilla from a Homo habilis, OH-65, shows a predominance of right oblique scratches, thus extending right-handedness into the early Pleistocene of Africa. Other studies show right-handedness in more recent African, Chinese, and Levantine fossils, but the sample compiled for non-European fossil specimens remains small. Fossil specimens from Sima del los Huesos and a variety of European Neandertal sites are predominately right-handed. We argue the 9:1 handedness ratio in Neandertals and the earlier inhabitants of Europe constitutes evidence for a modern pattern of handedness well before the appearance of modern Homo sapiens. © 2017 Wiley Periodicals, Inc.

  12. Human Rights and Indigenous Peoples

    Directory of Open Access Journals (Sweden)

    Garth Nettheim

    2009-09-01

    Full Text Available The paper begins by noting the low level of reference to Indigenous Australians in the Commonwealth Constitution at the start of Federation, and goes on to discuss the limits to what was achieved by the 1967 amendments. The situation represents a marked contrast with the USA and Canada in terms of treaties and constitutional recognition. In Australia, particularly during the period of the ‘Reconciliation’ process in the 1990s, important steps were taken by Indigenous Australians to identify items of ‘unfinished business’ in a ‘Statement of Indigenous Rights’. But there has been limited progress to meet these aspirations. And Australian law still lacks a tradition of recognition of human rights generally, let alone Indigenous rights. International law, too, largely lacked recognition of human rights, generally prior to the adoption in 1945 of the Charter of the United Nations. The brief references in the Charter were subsequently developed in a range of declarations and of treaties. These applied to people generally, with scant reference to Indigenous peoples. But, since the 1970s, there has been growing international recognition of the rights of Indigenous peoples under existing declarations and treaties. Since the 1990s, in particular, the UN system has established specific mechanisms for addressing such issues. On 13 September 2007, the General Assembly finally adopted a Declaration on the Rights of Indigenous Peoples.

  13. From humanitarianism to human rights

    DEFF Research Database (Denmark)

    Wilson, Fiona

    2006-01-01

    The chapter is a critical enquiry into 'aid models' as currently used by donor agencies and the implications for local aid workers and beneficiaries when the aid model, together with concepts and buzz words, are changed by 'top' management. The chapter examines the particular case of an aid progr...... programme in Ethiopia that incorporates seven NGOs, is funded by the Danish bilateral agency (Danida), and has moved from a focus on food security to livelihoods and then to human rights....

  14. An African Perspective on Human Rights.

    Science.gov (United States)

    Shiman, David

    1992-01-01

    Presents a series of classroom activities comparing differing views of human rights in the United Nations Universal Declaration of Human Rights and the African Charter on Human and People's Rights. Includes excerpts from the African Charter on Human and People's Rights and the full text of the Universal Declaration of Human Rights. (CFR)

  15. Human Rights and Health Services

    DEFF Research Database (Denmark)

    Skitsou, Alexandra; Bekos, Christos; Charalambous, George

    2016-01-01

    Background: It has been observed that health services provided to certain patients in Cyprus do not fully meet their human rights. Objective: This study was conducted to identify the main shortcomings of the Health System in Cyprus. Methodology: The relevant administrative decisions of the Ombuds......Background: It has been observed that health services provided to certain patients in Cyprus do not fully meet their human rights. Objective: This study was conducted to identify the main shortcomings of the Health System in Cyprus. Methodology: The relevant administrative decisions...... and their families to be essential. Conclusions: The paper concludes that implementing guidelines in accordance with international best practices, the establishment of at-home treatment and nursing facilities, counseling the mentally ill in a way that promotes their social integration and occupational rehabilitation......, ongoing education of health professionals along with relevant education of the community and the broad application of triage in the emergency departments will all contribute to delivering health services more effectively. Keywords: Cyprus, health services, patient rights...

  16. Teaching Human Rights through Global Education to Teachers in Pakistan

    Science.gov (United States)

    Sadruddin, Munir Moosa

    2017-01-01

    Pakistan is home to religious and cultural ideologies that greatly support the values of human rights. Nevertheless, the multilayered philosophies of human rights in Pakistan have at times heightened clashes and bred a culture of tension among higher education learners. Ideological filters in national education policies have removed human rights…

  17. Bioethics, Human Rights, and Childbirth.

    Science.gov (United States)

    Erdman, Joanna

    2015-06-11

    The global reproductive justice community has turned its attention to the abuse and disrespect that many women suffer during facility-based childbirth. In 2014, the World Health Organization released a statement on the issue, endorsed by more than 80 civil society and health professional organizations worldwide.The statement acknowledges a growing body of research that shows widespread patterns of women's mistreatment during labor and delivery-physical and verbal abuse, neglect and abandonment, humiliation and punishment, coerced and forced care-in a range of health facilities from basic rural health centers to tertiary care hospitals. Moreover, the statement characterizes this mistreatment as a human rights violation. It affirms: "Every woman has the right to the highest attainable standard of health, which includes the right to dignified, respectful health care throughout pregnancy and childbirth."The WHO statement and the strong endorsement of it mark a critical turn in global maternal rights advocacy. It is a turn from the public health world of systems and resources in preventing mortality to the intimate clinical setting of patient and provider in ensuring respectful care. Copyright 2015 Erdman. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  18. Working together for health and human rights.

    Science.gov (United States)

    Sidel, V W

    2000-01-01

    The right to a standard of living adequate for health and well-being is being denied to vast numbers of people all over the world through increasing disparities in income and in wealth. In the name of economic development, a number of international and national policies have increased the grossly uneven distribution of income, with ever-growing numbers of people living in poverty as well as in increasing depths of poverty. Globalization, crippling levels of external debt, and the 'structural adjustment' policies of international agencies have expanded the numbers and the suffering of people living in poverty and have resulted in the neglect of government-funded social programs, of regulations protecting the environment, and of human development. Access to medical care, an essential element in the protection of health, is difficult for many, including the 44 million people in the United States who lack insurance coverage for the cost of medical care services. Working together for health and human rights also requires promotion of the right to peace. The right to life and health is threatened not only by the existence and active deployment of weapons of mass destruction, including nuclear, chemical and biological weapons and anti-personnel landmines, but also other weapons. The twentieth century has been the bloodiest in human history, with an estimated 250 wars, more than 110 million people killed, countless people wounded and at the least 50 million refugees. Health workers must work together with people in our communities for the promotion of health and human rights, which, in Sandwell and elsewhere, are inextricably intertwined.

  19. Rights questioned. Limitations of poverty-reduction policies in Argentina.

    Science.gov (United States)

    Faur, Eleonor; Campos, Luis; Pautassi, Laura; Zimerman, Silvina

    2009-01-01

    This article analyses, from a human rights' approach, a group of social programmes implemented in Argentina from the year 2002, at the time of the biggest socioeconomic crisis that the country has suffered in the last decades. The main characteristics of the programmes are reviewed, and their anti-poverty strategy, along with design and implementation, are evaluated in relation to human rights. An assessment is also made of the existence of mechanisms for citizens to present claims. Finally, a set of recommendations are made to facilitate the adaptation of the programmes analysed to the duties the State of Argentina has as result of its adherence to international laws on human rights. The analytical methodology proposed by this article could be applied to other policy areas.

  20. Political sociology of human rights

    Directory of Open Access Journals (Sweden)

    Mahdi Kazemi

    2014-11-01

    Full Text Available The dominant approach in the field of human rights is Legal attitude. Legal attitude more than anything else on the identification and recognition of human rights by the government is focused. At the same time, governments are the biggest violators of human rights norms. Despite the gap between the legal obligations of states and the real world, legal analysis of this gap is not possible. Therefore, in the era of inflation of rights, according to Louis Henkin , transition needs based approach to the protection of human rights is justified. Social sciences, especially political sociology may be, to identify obstacles to the realization of human rights in different societies and operate it is used. Since the main subject of political sociology "explores the relationship between state and society" is, knowledge can be produced in the field of political sociology in understanding the inability of governments establishing human rights norms and effective ways to fix it. Therefore, it can be said that human rights political sociology focus on: how to advance the state of human rights in a society and its institutionalization and consolidation within all relationships and political processes. رهیافت مسلط در حوزه مطالعات حقوق بشر، نگرش حقوقی است.نگرش حقوقی بیش از هرچیز بر شناسایی و به رسمیت شناختن حقوق بشر توسط دولت‌ها متمرکز است.در عین حال، دولت‌ها خود بزرگترین ناقضین هنجارهای حقوق بشری می‌باشند. با وجود شکاف میان تعهدات حقوقی دولت‌ها و جهان واقعی، تحلیل حقوقی از این شکاف ممکن نیست. لذا، در عصر تورم حقوق به تعبیر هنکین، نیازمند گذار از رهیافت مبتنی بر توجیه به حفاظت از حقوق بشر هستیم. علوم اجتماعی بویژه جامعه

  1. Human rights literacy: Moving towards rights-based education and ...

    African Journals Online (AJOL)

    Hennie

    Edu-HRight Research Unit, Faculty of Education Sciences, North-West University Potchefstroom Campus, ... Finally, recommendations are made regarding human rights and rights-based .... serve as guidelines for our actions and attitudes.

  2. Children's rights, international human rights and the promise of ...

    African Journals Online (AJOL)

    Children's rights, international human rights and the promise of Islamic legal theory. ... Law, Democracy & Development ... law but also religion and ethics, thus offering a multidimensional approach covering the total personality of the child.

  3. The Universal Declaration of Human Rights

    Science.gov (United States)

    Landorf, Hilary

    2012-01-01

    A study of human rights prepares students for their role as global citizens and their study of practices in the world's countries that relate to the rights of human beings. Today, when one talks of human rights it is usually with reference to the 1948 Universal Declaration of Human Rights (UDHR). It is the task of teachers to give students the…

  4. Teaching Strategy: Using the Human Rights Poster.

    Science.gov (United States)

    Update on Law-Related Education, 1998

    1998-01-01

    Describes a lesson focusing on a human-rights poster that provides visual reinforcement of the second article of the Universal Declaration of Human Rights that enforces freedom from discrimination. Presents students with examples of human-rights situations to assist them in understanding that all people are entitled to human rights. (CMK)

  5. Derivatives Trading, Climate Science and Human Rights

    DEFF Research Database (Denmark)

    Haigh, Matthew

    for capital flows associated with climate management. Media communications and decision making theories are used to interpret data drawn from participant observation and interviews with climate scientists, policy makers and institutional investors. Findings - The framework suggests a digital divide between...... the heaviest polluters as contributing to carbon-minimised investment portfolios. Assets owned by privately managed pension funds have remained materially exposed to risks posed by climate change. In public finance, a narrow range of financial instruments centred on derivatives trading has entrenched global...... between human rights, climate change, and the stability of private pensions provision. Originality/value - Provides policy sciences useful assessments of communication media and financial instruments used in climate management. Establishes bases for theoretical and applied communications research...

  6. Advancement of human rights standards for LGBT people through the perspective of international human rights law

    Directory of Open Access Journals (Sweden)

    Lucie Cviklová

    2012-01-01

    Full Text Available The article addresses the issue how various religious and legal systems cope with current developments that undermine binary opposition of man and woman including definition of their sexual and cultural identities. More concretely, it tries to explain, how concrete societies and legislations deal with claims of lesbians, gays, bisexuals, and transsexuals (LGBT that claim broader recognition. It elucidates differences among Western provisions and policies of the relevant legal bodies such as the General Assembly of the United Nations, the European Court of Human Rights and the Supreme Court concerning these issues. It also points to the nature and real impact of international civil society forces such as Yogyakarta principles that formulate extension of rights concerning lesbians, gays, bisexuals, and transsexuals. On the basis of comparison of various legal and religious discourses it explains current practices of direct and indirect discrimination and in some non-European national systems even extra-judicial killings, torture and ill-treatment, sexual assault, rape and other violations of human rights. When emphasizing substantial differences among current European states and non-European ones concerning policies toward lesbian, gay, bisexual and transgender people (LGBT, it shows current tendencies of advancement in the field by common policies of Council of Europe, recent judgments issued by the European Court of Human Rights as well as civil society efforts such as Yogyakarta principles. Swedish standards have been introduced in order to emphasize existing progressive attitudes to LGBT people concerning gay marriages and adoption procedures.

  7. Moving Towards Inclusive Education as a Human Right, An analysis of international legal obligations to implement inclusive education in law and policy

    OpenAIRE

    Waddington, L.B.; Toepke, C

    2014-01-01

    Children with disabilities experience ongoing segregation in special education classes or are otherwise excluded from education. This is in spite of the fact that States have a legal obligation to offer an accessible and inclusive education to all learners. Exclusion of any child from education is a violation of international law and a breach of human rights. The provision of inclusive education is an obligation under international law, as well as the means by which to fulfil the additional l...

  8. Human rights, public health and medicinal cannabis use

    OpenAIRE

    Bone, Melissa; Seddon, Toby

    2015-01-01

    This paper explores the interplay between the human rights and drug control frameworks, and critiques case law on medicinal cannabis use to demonstrate that a bona fide human rights perspective allows for a broader conception of ‘health’. This broad conception, encompassing both medicalised and social constructionist definitions, can inform public health policies relating to medicinal cannabis use. The paper also demonstrates how a human rights lens can alleviate a core tension between the St...

  9. Human Rights Education: Imaginative Possibilities for Creating Change

    Science.gov (United States)

    Bajaj, Monisha

    2015-01-01

    Background/Context: Human rights education has proliferated in the past four decades and can be found in policy discussions, textbook reforms, and grassroots initiatives across the globe. This article specifically explores the role of creativity and imagination in human rights education (HRE) by focusing on a case study of one non-governmental…

  10. The Netherlands and the Development of International Human Rights Instruments

    NARCIS (Netherlands)

    Reiding, H.

    2007-01-01

    When discussing the Netherlands' international human rights policies, the first aspects to come to mind are usually those related to how it addresses and reacts to concrete human rights violations by other countries. In fact, there sometimes appears to be a tendency for public opinion to identify a

  11. Human Rights, Mineral Rights and Corporate Social Responsibility ...

    African Journals Online (AJOL)

    This view of the company is often described under the concept of corporate social responsibility. This Paper assesses the nature of corporate social responsibility in Ghana primarily focusing on the mining industry. The Paper outlines the various human rights and mineral rights in Ghana and the effects of mining on human ...

  12. Misconceptions about Human Rights and Women's Rights in Islam

    Science.gov (United States)

    Syed, Khalida Tanvir

    2008-01-01

    This paper aims to clarify three current misconceptions about the Islamic faith and issues of human rights and women's rights in the West. The first misconception is that Muslims are terrorists because they believe in Jihad. It is factually the case that Islamic teachings stress the value of peace and prosperity for all human beings. The second…

  13. Fundamental Human Rights under the Nigerian Constitution: Right ...

    African Journals Online (AJOL)

    It is almost tempting to apologise for returning to the subject of human rights, but the temptation ought to be resisted. The question of the recognition and protection of Human rights, a perennial, worldwide problem since the immediate aftermath of the Second World War in particular, has played a leading role in international, ...

  14. Child rights, right to water and sanitation, and human security.

    Science.gov (United States)

    Pink, Ross

    2012-06-15

    The article explores the intersection between child rights, water scarcity, sanitation, and the human security paradigm. The recognition of child rights has been advanced through the 1989 Convention on the Rights of the Child and other international legal instruments, while water rights are increasingly affirmed in international law and through the historic July 2010 United Nations General Assembly resolution that strengthened the legal foundation for water security and human rights. Yet there remains a development gap in terms of child access to clean and secure water sources for basic human development needs. The human security paradigm provides a legal and humanitarian foundation for the extension of child rights related to water and sanitation. Copyright © 2012 Pink.

  15. Human rights literacy: Moving towards rights-based education and ...

    African Journals Online (AJOL)

    Our theoretical framework examines the continual process of moving towards an open and democratic society through the facilitation of human rights literacy, rights-based education and transformative action. We focus specifically on understandings of dignity, equality and freedom, as both rights (legal claims) and values ...

  16. Web Resources for Teaching about Human Rights

    Science.gov (United States)

    Merryfield, Merry M.; Badang, Germain; Bragg, Christina; Kvasov, Aleksandr; Taylor, Nathan; Waliaula, Anne; Yamaguchi, Misato

    2012-01-01

    The study of human rights is inseparable from social studies. Beyond the basic political, economic, and social freedoms and rights spelled out in The Universal Declaration of Human Rights, hundreds of specialized topics have developed that demonstrate the complex nature of human rights in the twenty-first-century world--environmental exploitation…

  17. Human rights in the energy sector: where are we going?

    Energy Technology Data Exchange (ETDEWEB)

    Wright, Jim [KBC Advanced Technologies, Surrey (United Kingdom)

    2012-07-01

    There is considerable guidance and tools to avoid and remediate adverse Human Rights impacts; Environmental Impact Assessment (EIA), specific Human Right Impact Assessments or stand alone assessments across the whole spectrum of Human Rights. However the oil and gas sector has yet to address Human Rights risks in a comprehensive manner. In 2011 the Special Representative of the Secretary-General issued Guiding Principles (GP) to implement the United Nations 'Protect, Respect and Remedy' Framework. A survey of Human Rights performance against GP16 by the largest International Oil Companies (IOCs) and National Oil Companies (NOCs) shows a dichotomy with most (93%) of IOCs having a Human Rights Policy, approved at the highest level and available via the www to the general public (compliant with GP16) whilst 27% of NOCs have a Policy, of which, 9% are GP16 compliant. When service companies are included, only 23% are GP16 compliant. Only 8% provide Human Rights training. Human Rights in 41% of new projects are assessed via an EIA process, 18% via a specific Human Rights process, and 41% do not focus on Human Rights at all. Most companies do not have a Human Rights grievance mechanism. Whilst the IOCs are performing well the rest of the oil and gas sector, including the NOCs and service companies, are under-performing. The apparent reliance on the EIA process to Protect, Respect and Remedy Human Rights may be inadequate as the delivery of EIA is: still heavily biased toward environment compared to social and health impacts; they are time consuming and the Human Rights landscape can change during the EIA process; and the EIA disclosure process may expose vulnerable people to abuse. The oil and gas sector needs to address the record of poor compliance and develop and integrate some of the widely available Human rights tools. (author)

  18. HUMAN RIGHTS AND NIGERIAN PRISONERS--ARE PRISONERS NOT HUMANS?

    Science.gov (United States)

    Joshua, I A; Dangata, Y Y; Audu, O; Nmadu, A G; Omole, N V

    2014-12-01

    In Nigeria, just like in many other parts of the world, one of the most extensively discussed issues on the public agenda today is the increase in prison population. The aims of imprisonment are protection, retribution, deterrence, reformation and vindication. Investigations revealed that the prison services have been,neglected more than any other criminal justice agency in Nigeria. For example, most of the prisons were built during the colonial era for the purpose of accommodating a small number of inmates. Human Rights are the basic guarantees for human beings to be able to achieve happiness and self-respect; consequently, in most jurisdictions, the Human Rights Act confirms that these Rights do not stop at the prison gates. However, most States fail to meet the Human Rights obligations of their prisoners. As regards to health, for example, every prison should have proper health facilities and medical staff to provide dental and psychiatric care among others. This article discusses the Nigerian Prison System and challenges, trends and the related Human Rights and Ethical issues in Nigerian prisons. Some of the unmet needs of Nigerian prisoners which include, inter alia, living in unwholesome cells, delayed trial of inmates, lack of voting rights, access to information, lack of conjugal facilities for married prisoners, poor and inadequate nutrition, poor medical care, torture, inhumane treatment and the need to protect prisoners in a changing world. The present report has policy implications for reforming prison services in Nigeria, and countries that sing from the same song sheet with Nigeria on prison services, to conform to the Fundamental Human Rights of prisoners in the 21St century.

  19. Women's Rights, Human Rights, and Duties: From Domination to Partnership

    Directory of Open Access Journals (Sweden)

    Lester R. Kurtz

    2017-03-01

    Full Text Available The idea of women's rights as human rights can facilitate our identifying the causes, consequences, and potential remedies for the current quagmire in which we find themselves, but it needs some reformulation. To the traditional understandings of human rights, I add four conceptual tools: (1 Mahatma Gandhi’s idea of the counterparts of rights and duties, (2 Eisler’s concept of partnership (as opposed to dominator societies, (3 Johan Galtung’s expansion of our conception of violence to include its structural and cultural forms, and, finally, (4 the literature on nonviolence as a path to mobilization and transformation that resists existing social structures and builds new ones.

  20. Maternal health and human rights

    African Journals Online (AJOL)

    to the Malawi Demographic and Health Survey (2004)1 versus 807 per ... and mental health'. Malawi ratified the ... are gender discrimination, poverty, lack of education, an inadequate health .... Have relevant laws, policies and strategies been put in place ... State should seek support from, and continue to work in close.

  1. Human rights, public health and medicinal cannabis use.

    Science.gov (United States)

    Bone, Melissa; Seddon, Toby

    2016-01-01

    This paper explores the interplay between the human rights and drug control frameworks and critiques case law on medicinal cannabis use to demonstrate that a bona fide human rights perspective allows for a broader conception of 'health'. This broad conception, encompassing both medicalised and social constructionist definitions, can inform public health policies relating to medicinal cannabis use. The paper also demonstrates how a human rights lens can alleviate a core tension between the State and the individual within the drug policy field. The leading medicinal cannabis case in the UK highlights the judiciary's failure to engage with an individual's human right to health as they adopt an arbitrary, externalist view, focussing on the legality of cannabis to the exclusion of other concerns. Drawing on some international comparisons, the paper considers how a human rights perspective can lead to an approach to medicinal cannabis use which facilitates a holistic understanding of public health.

  2. US Human Rights Conduct and International Legitimacy

    DEFF Research Database (Denmark)

    Keating, Vincent Charles

    Did the Bush administration fundamentally harm the international human rights system through its rejection of human rights norms? This is the central question explored within US Human Rights Conduct and International Legitimacy, which analyses the practices of legitimacy between the Bush...... nations have followed in America's footsteps, and that the Bush administration's deviation from international norms has served to reaffirm worldwide commitment to human rights....

  3. Human Rights in Indonesian Constitutional Amendments

    OpenAIRE

    Kharlie, Ahmad Tholabi

    2013-01-01

    Human Rights in Indonesian Constitutional Amendments. Indonesian constitutional amendments incorporated human rights principles into the Constitution of the Republic of Indonesia 1945 (UUD NRI), especially in the second amendment in 2000. Under that amendment, the UUD NRI currently stipulates human rights principles as provided for in the Universal Declaration of Human Rights (UDHR). However, there are some important notes, which at its core is a lack of emphasis on the vision and mission of ...

  4. The Political Sociology of Human Rights

    OpenAIRE

    Nash, Kate

    2015-01-01

    The language of human rights is the most prominent 'people-centred' language of global justice today. This textbook looks at how human rights are constructed at local, national, international and transnational levels and considers commonalities and differences around the world. Through discussions of key debates in the interdisciplinary study of human rights, the book develops its themes by considering examples of human rights advocacy in international organisations, national states and local...

  5. Women's Rights in Human Rights Systems: Past, Present and Future ...

    African Journals Online (AJOL)

    Abstract. In the 2009 Dullah Omar Memorial Lecture, United Nations High Commissioner for Human Rights Navanethem Pillay contextualises many of the issues facing women that were raised in earlier articles.

  6. NGO Duties in Relation to Human Rights

    NARCIS (Netherlands)

    Philips, J.P.M.|info:eu-repo/dai/nl/298979446

    2010-01-01

    This paper investigates the moral duties that human rights NGOs, such as Amnesty International, and development NGOs, such as Oxfam, have in relation to human rights – especially in relation to the human right to a decent standard of living. The mentioned NGOs are powerful new agents on the global

  7. Examining Human Rights in a Global Context.

    Science.gov (United States)

    Francis, Greg; Inoue, Keiko; Orrick, Stefanie

    The United Nations' founding in 1945 and the 1948 adoption of the Universal Declaration of Human Rights reflected the international community's growing commitment to the protection and recognition of what is now referred to as human rights. Despite increased international attention, human rights violations continue to occur at the local, regional,…

  8. Remembering a sociology of Human Rights

    OpenAIRE

    Levy, Daniel; Sznaider, Natan

    2014-01-01

    A sociology of human rights sounds almost like a contradiction in terms. Sociology is about social groups, about particular experiences, about how people, embedded in space and time, make sense of their lives and give meaning to their world. It deals with power and interest and the social bases of our experiences. On the other hand, human rights are about human beings in general, without temporal or spatial references, not about groups and their boundaries. Human rights are about humanity, lo...

  9. Food Prints on Human Rights Law Paradigms

    NARCIS (Netherlands)

    Meulen, van der B.M.J.; Ratescu, I.

    2014-01-01

    This article discusses the interaction between the development of the doctrine on human rights, in general, and on the right to food, in particular. In 1948 the General Assembly of the United Nations adopted the Universal Declaration of Human Rights, which listed the rights that were considered to

  10. Human rights to in vitro fertilization.

    Science.gov (United States)

    Zegers-Hochschild, Fernando; Dickens, Bernard M; Dughman-Manzur, Sandra

    2013-10-01

    The Inter-American Court of Human Rights (the Court) has ruled that the Supreme Court of Costa Rica's judgment in 2000 prohibiting in vitro fertilization (IVF) violated the human right to private and family life, the human right to found and raise a family, and the human right to non-discrimination on grounds of disability, financial means, or gender. The Court's conclusions of violations contrary to the American Convention on Human Rights followed from its ruling that, under the Convention, in vitro embryos are not "persons" and do not possess a right to life. Accordingly, the prohibition of IVF to protect embryos constituted a disproportionate and unjustifiable denial of infertile individuals' human rights. The Court distinguished fertilization from conception, since conception-unlike fertilization-depends on an embryo's implantation in a woman's body. Under human rights law, legal protection of an embryo "from conception" is inapplicable between its creation by fertilization and completion of its implantation in utero. © 2013.

  11. Pursuing the Right to an Effective Remedy for Human Rights ...

    African Journals Online (AJOL)

    MJM Venter

    2017-12-19

    Dec 19, 2017 ... effective remedy for a human rights violation.1 In other words, a victim of a human ... authorities to take responsibility; the absence of legislative ... shall be entitled to compensation from that other person". 3 .... Put in a practical and comparative perspective, there is a great ...... See also Beyleveld 1995 Public.

  12. Climate change: The need for a human rights agenda within a framework of shared human security

    OpenAIRE

    Gasper, Des

    2012-01-01

    textabstractThis edited volume publishes as a special issue of the quarterly social science journal Social Research, a collection of articles on Human Rights and the Global Economy. The topics addressed are Human Rights and Economy Policy; Global Poverty and the Obligations of Rich Countries; Human Rights, Climate Change and Global Justice; and Corporations and Human Rights Obligations. This issue contains the edited proceedings of the November 2011 conference at the New School, where experts...

  13. The Diffusion of Disability Rights Policy: A Focus on Special Education in South Korea

    Science.gov (United States)

    Yoo, Joan P.; Palley, Elizabeth

    2014-01-01

    This article examines the development of South Korean special education policy and suggests that different strategies of policy diffusion influenced the design of the policy at different times. Historically, South Korea relied on external pressures and influences, particularly US law and UN guidelines, to develop much of its human rights law,…

  14. Implementing Children's Human Rights Education in Schools

    Science.gov (United States)

    Covell, Katherine; Howe, R. Brian; McNeil, Justin K.

    2010-01-01

    Evaluations of a children's rights education initiative in schools in Hampshire, England--consistent with previous research findings--demonstrate the effectiveness of a framework of rights for school policy, practice, and teaching, for promoting rights-respecting attitudes and behaviors among children, and for improving the school ethos. The value…

  15. Discrimination, policies, and sexual rights in Brazil

    Directory of Open Access Journals (Sweden)

    Sergio Carrara

    2012-01-01

    Full Text Available This article focuses on a politics arena that has been articulated through the impact of ideals of sexual rights on Brazilian sexual politics, namely the affirmation of "LGBT rights". These rights have been constructed both through attempts to extend civil and social rights to the LGBT population that were previously restricted to heterosexuals, and by the enactment of provisions directly banning homophobic discrimination and violence. The focus will be on some of the principal social actors in this process, especially those situated in the three branches of government, since the most decisive clashes are now being waged at this level. Without intending to offer an exhaustive description of what has occurred in the Brazilian courts, Congress, and Administration, we point to the complexity of a situation which shows numerous innovations and breaks in its different dimensions, while simultaneously revealing contradictions, gaps, and ambiguities.

  16. Discrimination, policies, and sexual rights in Brazil.

    Science.gov (United States)

    Carrara, Sergio

    2012-01-01

    This article focuses on a politics arena that has been articulated through the impact of ideals of sexual rights on Brazilian sexual politics, namely the affirmation of "LGBT rights". These rights have been constructed both through attempts to extend civil and social rights to the LGBT population that were previously restricted to heterosexuals, and by the enactment of provisions directly banning homophobic discrimination and violence. The focus will be on some of the principal social actors in this process, especially those situated in the three branches of government, since the most decisive clashes are now being waged at this level. Without intending to offer an exhaustive description of what has occurred in the Brazilian courts, Congress, and Administration, we point to the complexity of a situation which shows numerous innovations and breaks in its different dimensions, while simultaneously revealing contradictions, gaps, and ambiguities.

  17. Teaching the History of Human Rights and "Humanitarian" Interventions

    Directory of Open Access Journals (Sweden)

    Mary Nolan

    2015-10-01

    Full Text Available This article explores how I teach about human rights and so-called humanitarian interventions to MA and Ph.D. students.  The course has three main themes or foci.  First, what are human rights and why have the social and economic human rights laid out in the Universal Declaration of Human Rights been so neglected or rejected, especially by the U.S.  Second, how has American foreign policy used and abused human rights.  Third, why have liberal or humanitarian interventions of a militarized sort become so prevalent since the end of the Cold War and why are they so damaging.  The goal is to get students to look critically at the meaning and uses of human rights, about which many display a naive enthusiasm.

  18. Bioethics and international human rights.

    Science.gov (United States)

    Thomasma, D C

    1997-01-01

    Noting how the spread of medical technology is creating clashes with traditional values and within cultures, the author addresses the clash between Western rights-based incentives, as used by the United Nations to guarantee respect for life and dignity, and communitarian traditions. He proposes a mean between wholesale cultural relativism and international absolutism.

  19. Human Rights within Education: Assessing the Justifications

    Science.gov (United States)

    McCowan, Tristan

    2012-01-01

    While respect for human rights has long been endorsed as a goal of education, only recently has significant attention been paid to the need to incorporate rights within educational processes. Current support for human rights within education, however, has a variety of motivations. This paper provides a theoretical exploration of these diverse…

  20. Teaching about Human Rights and American Indians.

    Science.gov (United States)

    Harvey, Karen D.

    1996-01-01

    Presents a flexible lesson plan integrating teaching about human rights into the existing curriculum about American Indians. Asserts that American Indians have the right to maintain their cultural ways and connects that subject to the United Nations Universal Declaration of Human Rights. Includes three lists of resources and references. (MJP)

  1. Grassroots responsiveness to human rights abuse: history of the Washtenaw Interfaith Coalition for Immigrant Rights.

    Science.gov (United States)

    Sanders, Laura; Martinez, Ramiro; Harner, Margaret; Harner, Melanie; Horner, Pilar; Delva, Jorge

    2013-04-01

    The purpose of this article is to discuss how a community agency based in Washtenaw County, the Washtenaw Interfaith Coalition for Immigration Rights (WICIR), emerged in response to increasing punitive immigration practices and human rights abuses toward the Latino community. The article discusses how WICIR is engaged in advocacy, community education on immigration issues, and political action toward a more humane immigration reform. Detailed examples of human rights abuses and the WICIR activities described in response to the abuses serve as illustrations of social work advocacy, education, and policy formulation that affect the general public, policymakers, and law enforcement officials.

  2. Globalization, human rights, and the social determinants of health.

    Science.gov (United States)

    Chapman, Audrey R

    2009-02-01

    Globalization, a process characterized by the growing interdependence of the world's people, impacts health systems and the social determinants of health in ways that are detrimental to health equity. In a world in which there are few countervailing normative and policy approaches to the dominant neoliberal regime underpinning globalization, the human rights paradigm constitutes a widely shared foundation for challenging globalization's effects. The substantive rights enumerated in human rights instruments include the right to the highest attainable level of physical and mental health and others that are relevant to the determinants of health. The rights stipulated in these documents impose extensive legal obligations on states that have ratified these documents and confer health entitlements on their residents. Human rights norms have also inspired civil society efforts to improve access to essential medicines and medical services, particularly for HIV/AIDS. Nevertheless, many factors reduce the potential counterweight human rights might exert, including and specifically the nature of the human rights approach, weak political commitments to promoting and protecting health rights on the part of some states and their lack of institutional and economic resources to do so. Global economic markets and the relative power of global economic institutions are also shrinking national policy space. This article reviews the potential contributions and limitations of human rights to achieving greater equity in shaping the social determinants of health.

  3. Radiation pollution: present and future perplexities about human rights

    International Nuclear Information System (INIS)

    Kumar, Raj; Bharti, Mukesh

    2012-01-01

    Out of the several pollutions included in environmental pollution, the radiation pollution is also a part of this, which is most damageable and serious for the society. Historical evidences reveal about the devastating effects of radiation pollution on human being. No form of pollution exists in the world which influences the human race with its devastating affects for more than one generation except radiation pollution. The radiation pollution affects human health in several ways. It is a man made problem and also affects human rights of masses for which state are responsible ultimately. The radiation pollution affects a big spectrum of human rights. The sources of radiation pollution and its impact on human health may be different according to the sources. These sources may be classified as electronic goods, Nuclear tests, Nuclear war, Reactors and thermal plants etc. Although we have some legal provisions to handle the problem of radiation pollution but there is no specific laws available for the protection and promotion of human rights from radiation pollution in the lights of international human rights principles. At present, there is no human right oriented policy framework is available to protect and promote the human rights of the radiation pollutions sufferers. The paper explores Present and Future Perplexities about Human Rights. It also tells about the available legal framework, state obligations and judicial responses for radiation pollution. The paper concludes with some suggestions in the light of present and future perplexities about human rights. (author)

  4. Climate change: The need for a human rights agenda within a framework of shared human security

    NARCIS (Netherlands)

    D.R. Gasper (Des)

    2012-01-01

    textabstractThis edited volume publishes as a special issue of the quarterly social science journal Social Research, a collection of articles on Human Rights and the Global Economy. The topics addressed are Human Rights and Economy Policy; Global Poverty and the Obligations of Rich Countries; Human

  5. Teaching Human Rights: Confronting the Contradictions

    Directory of Open Access Journals (Sweden)

    John L. Hammond

    2016-02-01

    Full Text Available Teaching human rights means taking on a series of controversies over what human rights are, how they are determined, and how they are (or are not upheld.  The "possession paradox" is that often human rights are declared but many, or even most, people do not actually enjoy them.  In teaching human rights we must convey both the promise of human rights and the discrepancy between that promise and their fulfillment.  I review a number of controversies in the current application of human rights, many of which arise from that discrepancy.  I then suggest the use of literary works and simulation games that can sometimes convey meanings more effectively than expository material.

  6. Human rights: implications for patients and staff.

    Science.gov (United States)

    Dreezen, I; Nys, H

    2003-01-01

    Originating from wider declarations of fundamental human rights, individual human rights in the field of health care, also called patients' rights, have been elaborated, developed and implemented by most international organisations, including the European Union and the World Health Organisation. The Council of Europe is however, particularly prominent in its work in the field of human rights, having drawn up a number of vital international treaties, among them and most importantly the Convention on Human Rights and Biomedicine, which strengthens internationally the legal position of the patient and the research subject in setting a minimum level of protection in respect of individual human rights and health and is binding upon the member states that have ratified it. Nonetheless, it needs to be examined to see if the European Union would be a better alternative to regulate these patients' rights.

  7. Accountability for the human right to health through treaty monitoring: Human rights treaty bodies and the influence of concluding observations.

    Science.gov (United States)

    Meier, Benjamin Mason; De Milliano, Marlous; Chakrabarti, Averi; Kim, Yuna

    2017-11-04

    Employing novel coding methods to evaluate human rights monitoring, this article examines the influence of United Nations (UN) treaty bodies on national implementation of the human right to health. The advancement of the right to health in the UN human rights system has shifted over the past 20 years from the development of norms under international law to the implementation of those norms through national policy. Facilitating accountability for this rights-based policy implementation under the right to health, the UN Committee on Economic, Social and Cultural Rights (CESCR) monitors state implementation by reviewing periodic reports from state parties, engaging in formal sessions of 'constructive dialogue' with state representatives, and issuing concluding observations for state response. These concluding observations recognise the positive steps taken by states and highlight the principal areas of CESCR concern, providing recommendations for implementing human rights and detailing issues to be addressed in the next state report. Through analytic coding of the normative indicators of the right to health in both state reports and concluding observations, this article provides an empirical basis to understand the policy effects of the CESCR monitoring process on state implementation of the right to health.

  8. 48 Human Rights in and around Cuba

    DEFF Research Database (Denmark)

    Gustafsson, Jan

    2015-01-01

    The article takes point of department in the current reform process in Cuba and its perspectives regarding human rights. To understand the background of the fundamental human rights' problems in Cuba, an analysis of the 'constituting dichotomy' is included and discussed in relation to its represe...... representation in the film, 'Strawberry and Chocolate'. The further perspectives for human rights in Cuba in relation to other Developments in Latin America constitutes the last part....

  9. Oriental Culture and Human Rights Development

    African Journals Online (AJOL)

    Leon Wessels

    Universality is much more than the determination by a majority at a particular moment ..... accepted human rights and not only the favourite rights of any particular .... sole breadwinners, caring for children and taking important decisions on.

  10. Human rights, health and the state in Bangladesh

    Directory of Open Access Journals (Sweden)

    Rahman Redwanur M

    2006-04-01

    Full Text Available Abstract Background This paper broadly discusses the role of the State of Bangladesh in the context of the health system and human rights. The interrelation between human rights, health and development are well documented. The recognition of health as a fundamental right by WHO and subsequent approval of health as an instrument of welfare by the Universal Declaration of Human Rights (UDHR and the International Covenant on Social, Economic and Cultural Rights (ICSECR further enhances the idea. Moreover, human rights are also recognized as an expedient of human development. The state is entrusted to realize the rights enunciated in the ICSECR. Discussion In exploring the relationship of the human rights and health situation in Bangladesh, it is argued, in this paper, that the constitution and major policy documents of the Bangladesh government have recognized the health rights and development. Bangladesh has ratified most of the international treaties and covenants including ICCPR, ICESCR; and a signatory of international declarations including Alma-Ata, ICPD, Beijing declarations, and Millennium Development Goals. However the implementation of government policies and plans in the development of health institutions, human resources, accessibility and availability, resource distribution, rural-urban disparity, the male-female gap has put the health system in a dismal state. Neither the right to health nor the right to development has been established in the development of health system or in providing health care. Summary The development and service pattern of the health system have negative correlation with human rights and contributed to the underdevelopment of Bangladesh. The government should take comprehensive approach in prioritizing the health rights of the citizens and progressive realization of these rights.

  11. National Insecurity and Human Rights: Democracies Debate Counterterrorism

    OpenAIRE

    Brysk, Alison; Shafir, Gershon

    2007-01-01

    Human rights is all too often the first casualty of national insecurity. How can democracies cope with the threat of terror while protecting human rights? This timely volume compares the lessons of the United States and Israel with the "best-case scenarios" of the United Kingdom, Canada, Spain, and Germany. It demonstrates that threatened democracies have important options, and democratic governance, the rule of law, and international cooperation are crucial foundations for counterterror policy.

  12. The human rights and the terrorism

    Directory of Open Access Journals (Sweden)

    Hamidreza Rafiei Fanood

    2016-12-01

    Full Text Available Regarding Human rights has been emphasized by governments through universal declaration human rights and its violations faced the global reaction in any case. From this perspective; the necessity of observing human rights against terrorism has been emphasized by many resolutions of the General Assembly, the Security Council and many regional resolutions. But, today especially after the September 11 events and America unilateral attacks by resorting to human rights and of course by considering the lack of international agreement on the norms, strategies and principles of human rights, the campaign against terrorism has started on the basis of its obligations, regardless to existing norms. So it would be said that today; the war against terrorism more than any other terrorist attacks threatens the security and human rights. However, human rights framework has never prevented effective and legitimate actions to the terrorist attacks. In other words; in the human right framework, there is no conflict with the campaign against terrorism, it emphasizes on identifying and fighting and even it guarantees the effectiveness of such a fight. As a result, Human rights violations at the expense of security, certainly associated with the destruction of both.

  13. Human Rights in Sino-American Relations

    National Research Council Canada - National Science Library

    Day, Jana

    2002-01-01

    .... Key among these has been human rights, which both countries view differently. Whereas the United States emphasizes individual civil and political liberties, the People's Republic of China (PRC...

  14. US Human Rights Conduct and International Legitimacy

    DEFF Research Database (Denmark)

    Keating, Vincent Charles

    Did the Bush administration fundamentally harm the international human rights system through its rejection of human rights norms? This is the central question explored within US Human Rights Conduct and International Legitimacy, which analyses the practices of legitimacy between the Bush...... nations have followed in America's footsteps, and that the Bush administration's deviation from international norms has served to reaffirm worldwide commitment to human rights....... administration, states, and international organizations in cases of torture, habeas corpus, and rendition. Vincent Keating argues that despite the material power of the United States, there is little evidence that the Bush administration gravely damaged international norms on torture and habeas corpus as few...

  15. The human rights approach to climate change

    DEFF Research Database (Denmark)

    Toft, Kristian Høyer

    2013-01-01

    are instrumentally applied as a solution to what could be called the “justice problem” in climate negotiations. In order to assess the degree to which human rights could be a useful approach to the justice problem with regard to to climate change, four major issues need to be examined. First...... presently and in the future, needs to be elucidated, as well as (b) the human rights principles that are at stake, and (c) the duties and duty holders involved. Third, the human right to emit greenhouse gases needs to be clarified in the context of subsistence rights and equal per capita emission rights...

  16. (Public) Health and Human Rights in Practice.

    Science.gov (United States)

    Annas, George J; Mariner, Wendy K

    2016-02-01

    Public health's reliance on law to define and carry out public activities makes it impossible to define a set of ethical principles unique to public health. Public health ethics must be encompassed within--and consistent with--a broader set of principles that define the power and limits of governmental institutions. These include human rights, health law, and even medical ethics. The human right to health requires governments not only to respect individual human rights and personal freedoms, but also, importantly, to protect people from harm from external sources and third parties, and to fulfill the health needs of the population. Even if human rights are the natural language for public health, not all public health professionals are comfortable with the language of human rights. Some argue that individual human rights--such as autonomy and privacy--unfairly limit the permissible means to achieve the goal of health protection. We argue that public health should welcome and promote the human rights framework. In almost every instance, this will make public health more effective in the long run, because the goals of public health and human rights are the same: to promote human flourishing. Copyright © 2016 by Duke University Press.

  17. Human rights and the right to abortion in Latin America.

    Science.gov (United States)

    Zúñiga-Fajuri, Alejandra

    2014-03-01

    The scope of this study is to question the fact that in some countries in Latin America (Chile, El Salvador, Nicaragua, Honduras and the Dominican Republic) abortion is still forbidden in all situations. Even after all the debate on this thorny issue, the theory of human rights is not often used in the defense of abortion. This is clearly related to the pervasive, albeit unspoken belief that, due to their condition, pregnant women inherently lose their full human rights and should surrender and even give up their lives in favor of the unborn child. This article seeks to show that an adequate reading of the theory of human rights should include abortion rights through the first two trimesters of pregnancy, based on the fact that basic liberties can only be limited for the sake of liberty itself. It also seeks to respond to those who maintain that the abortion issue cannot be resolved since the exact point in the development of the embryo that distinguishes legitimate from illegitimate abortion cannot be determined. There are strong moral and scientific arguments for an approach capable of reducing uncertainty and establishing the basis for criminal law reforms that focus on the moral importance of trimester laws.

  18. Human rights and the right to abortion in Latin America

    Directory of Open Access Journals (Sweden)

    Alejandra Zúñiga-Fajuri

    2014-03-01

    Full Text Available The scope of this study is to question the fact that in some countries in Latin America (Chile, El Salvador, Nicaragua, Honduras and the Dominican Republic abortion is still forbidden in all situations. Even after all the debate on this thorny issue, the theory of human rights is not often used in the defense of abortion. This is clearly related to the pervasive, albeit unspoken belief that, due to their condition, pregnant women inherently lose their full human rights and should surrender and even give up their lives in favor of the unborn child. This article seeks to show that an adequate reading of the theory of human rights should include abortion rights through the first two trimesters of pregnancy, based on the fact that basic liberties can only be limited for the sake of liberty itself. It also seeks to respond to those who maintain that the abortion issue cannot be resolved since the exact point in the development of the embryo that distinguishes legitimate from illegitimate abortion cannot be determined. There are strong moral and scientific arguments for an approach capable of reducing uncertainty and establishing the basis for criminal law reforms that focus on the moral importance of trimester laws.

  19. Human rights advances in women's reproductive health in Africa.

    Science.gov (United States)

    Ngwena, Charles G; Brookman-Amissah, Eunice; Skuster, Patty

    2015-05-01

    The African Commission on Human and Peoples' Rights recently adopted General Comment No 2 to interpret provisions of Article 14 of the Protocol to the African Charter on the Rights Women. The provisions relate to women's rights to fertility control, contraception, family planning, information and education, and abortion. The present article highlights the General Comment's potential to promote women's sexual and reproductive rights in multiple ways. The General Comment's human rights value goes beyond providing states with guidance for framing their domestic laws, practices, and policies to comply with treaty obligations. General Comment No 2 is invaluable in educating all stakeholders-including healthcare providers, lawyers, policymakers, and judicial officers at the domestic level-about pertinent jurisprudence. Civil society and human rights advocates can use the General Comment to render the state accountable for failure to implement its treaty obligations. Copyright © 2015 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  20. BODIL BEGTRUP AND THE UNIVERSAL DECLARATION OF HUMAN RIGHTS Individual agency, transnationalism and intergovernmentalism in early UN human rights

    DEFF Research Database (Denmark)

    Midtgaard, K.

    2011-01-01

    The article investigates the individual agency of the little studied transnational, Bodil Begtrup, in the subfields of women's and minority rights, and refugee and asylum policy. Begtrup fulfilled many roles - as state representative, expert advisor, member of the United Nations' Commission...... on the Status of Women, and president of a national NGO. This article shows how Begtrup enjoyed wide room for manoeuvre in the subfield of women's rights, and acted in this as a transnational norm entrepreneur and process entrepreneur advocating women's rights as an integral part of human rights and forging...... the change of the institutional design of the UN human rights institutions. In the subfield of minority rights, refugee and asylum policy, Begtrup acted under tight governmental control because the issue at hand was subject to national interest and domestic party politics. Her agency in the two subfields...

  1. social work and human rights in zimbabwe

    African Journals Online (AJOL)

    Mugumbate

    The place of the social work profession on the human rights arena is beyond doubt. .... Human Rights and the Media Institute of Southern Africa. THE NEXUS ..... Becket, C.; 2006 Ethics and values in social work 3rd Edition. Basingstoke: ...

  2. Chinese Human Rights Guidance on Minerals Sourcing

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2017-01-01

    in the minerals sector and due diligence to ensure socially responsible sourcing of minerals with a particular focus on human rights, the guidelines refer to international human rights standards and are designed to be consistent with guidance issued by the OECD. The article discusses the Chinese guidelines...

  3. The Human Right of Home Education

    Science.gov (United States)

    Donnelly, Michael P.

    2016-01-01

    Homeschooling is legal and growing in many countries but is virtually forbidden by law in Germany and a few others. The European Court of Human Rights (ECtHR) has reviewed and upheld this ban. Is home education a human right? How do these courts employ their jurisprudence of proportionality to find banning home education does not violate relevant…

  4. On Setting Priorities among Human Rights

    NARCIS (Netherlands)

    Philips, Jos

    2014-01-01

    Should conflicts among human rights be dealt with by including general principles for priority setting at some prominent place in the practice of human rights? This essay argues that neither setting prominent and principled priorities nor a case-by-case approach are likely to be defensible as

  5. Global human rights awareness, education and democratization

    NARCIS (Netherlands)

    Mihr, A.

    The 1990s was the era of human rights awareness, democratic transitions, and growing involvement of international organizations and the nongovernmental sector in human rights education (HRE). The UN Decade for HRE from 1995–2004 was not only born out of the initiatives and pressures of

  6. Human rights education (HRE) and transnational activism

    NARCIS (Netherlands)

    Mihr, A.; Schmitz, Hans-Peter

    2007-01-01

    Transnational human rights activism occupies today a significant place in the practice and scholarship of current global affairs. This article reviews the past successes and limits of this activism and suggests Human Rights Education (HRE) as a strategic tool currently underutilized by activists and

  7. Human Rights, Diversity, and Citizenship Education

    Science.gov (United States)

    Banks, James A.

    2009-01-01

    The 60th anniversary of the Universal Declaration of Human Rights is a propitious time for educators to examine its implications for educating citizens in multicultural nation states. The author argues that students must experience democratic classrooms and schools that reflect their cultures and identities to internalize human rights values,…

  8. Are (Should) Human Rights (Be) Universal?

    Science.gov (United States)

    Howard, Rhoda E.

    1998-01-01

    Believes that the purpose of human rights is to change many culturally ingrained habits and customs that violate the dignity of the individual. Expounds the differences between cultural relativism and cultural absolutism. States that "weak" cultural relativism is sometimes an appropriate response to human-rights violations. (CMK)

  9. Sovereignty transformed: a sociology of human rights.

    Science.gov (United States)

    Levy, Daniel; Sznaider, Natan

    2006-12-01

    This paper examines how global interdependencies and the consolidation of a human rights discourse are transforming national sovereignty. Social researchers frequently address the supremacy of state sovereignty and the absoluteness of human rights as mutually exclusive categories. However, rather than presupposing that a universal rights discourse is necessarily leading to the demise of sovereignty, we suggest that an increasingly de-nationalized conception of legitimacy is contributing to a reconfiguration of sovereignty itself. Through the analytic prism of historical memories - which refers to shared understandings specific pasts carry for present concerns of a political community - we provide an explanatory factor for the salience of human rights norms as a globally available repertoire of legitimate claim making. While states retain most of their sovereign functions, their legitimacy is no longer exclusively conditioned by a contract with the nation, but also by their adherence to a set of nation-transcending human rights ideals. Legitimacy is mediated by how willing states are to engage with 'judicial memories' of human rights abuses and their articulation in cosmopolitan legal frames. Empirically, we focus on war crime trials and how legal inscriptions of memories of human rights abuses are recasting the jurisdiction of International Law. The readiness of states to engage with rights abuses is becoming politically and culturally consequential, as adherence to global human rights norms confers legitimacy.

  10. Using Human Rights to Hold the US Accountable for its Anti-Sex Trafficking Agenda: The Universal Periodic Review and new directions for US policy

    OpenAIRE

    Kari Lerum; Kiesha McCurtis; Penelope Saunders; Stéphanie Wahab

    2012-01-01

    Since the passing of the Trafficking Victims Protection Act of 2000, anti-trafficking efforts have grown in funding, political strength, and popular-culture appeal in the United States and globally. Particularly influential in shaping anti-trafficking policy in the United States are anti-prostitution advocates who are primarily concerned with rehabilitating sex workers and eradicating sexual commerce. Simultaneous to the development of prohibitionist anti-trafficking and anti-prostitution eff...

  11. Human Rights in National Administrative Law

    DEFF Research Database (Denmark)

    Næsborg-Andersen, Ayo

    rights law is visible in the case-law of institutions performing reviews of Danish administrative decisions. The book consists of three parts. The first part contains the introduction, research question, methodological considerations and delimitations. The second part is an in-depth look at the theory...... developed using the theory of legal capability and communication theories. Discussing new ways of analysing the application of human rights, this book is relevant for scholars and professionals primarily working with human rights law, but also administrative law, both nationally and internationally.......Human rights are increasingly debated in the public sphere, yet discussions of human rights law are traditionally all but invisible in the discussions on national administrative law. This is at least the case in Denmark. This book sets out to analyse if, and in what way, the application of human...

  12. Ritual male infant circumcision and human rights.

    Science.gov (United States)

    Jacobs, Allan J; Arora, Kavita Shah

    2015-01-01

    Opponents of male circumcision have increasingly used human rights positions to articulate their viewpoint. We characterize the meaning of the term "human rights." We discuss these human rights arguments with special attention to the claims of rights to an open future and to bodily integrity. We offer a three-part test under which a parental decision might be considered an unacceptable violation of a child's right. The test considers the impact of the practice on society, the impact of the practice on the individual, and the likelihood of adverse impact. Infant circumcision is permissible under this test. We conclude that infant circumcision may be proscribed as violating local norms, even though it does not violate human rights.

  13. Public health nursing, ethics and human rights.

    Science.gov (United States)

    Ivanov, Luba L; Oden, Tami L

    2013-05-01

    Public health nursing has a code of ethics that guides practice. This includes the American Nurses Association Code of Ethics for Nurses, Principles of the Ethical Practice of Public Health, and the Scope and Standards of Public Health Nursing. Human rights and Rights-based care in public health nursing practice are relatively new. They reflect human rights principles as outlined in the Universal Declaration of Human Rights and applied to public health practice. As our health care system is restructured and there are new advances in technology and genetics, a focus on providing care that is ethical and respects human rights is needed. Public health nurses can be in the forefront of providing care that reflects an ethical base and a rights-based approach to practice with populations. © 2013 Wiley Periodicals, Inc.

  14. The Human Rights of Minority Women:

    DEFF Research Database (Denmark)

    Ravnbøl, Camilla Ida

    2010-01-01

    . These challenges go beyond the Romani issue only and into larger issues of women and minorities. It raises questions as to whether the historical separation between categories of gender and race/ethnicity within the international community in practice has become a gap that isolates Romani women from the human...... rights attention that they claim. It is argued that in order to strengthen the validity of human rights in the lives of Romani women, as a framework that ensures their full and equal protection, special attention needs to be given to interrelated grounds and forms of discrimination. “Intersectionality......This article explores the complexities surrounding the human rights of minority women. With analytical focus on Romani women in Europe it seeks to contribute with new insight into the grey areas of rights issues, where groups within special rights categories share different human rights concerns...

  15. Data Rights and Responsibilities: A Human Rights Perspective on Data Sharing.

    Science.gov (United States)

    Harris, Theresa L; Wyndham, Jessica M

    2015-07-01

    A human-rights-based analysis can be a useful tool for the scientific community and policy makers as they develop codes of conduct, harmonized standards, and national policies for data sharing. The human rights framework provides a shared set of values and norms across borders, defines rights and responsibilities of various actors involved in data sharing, addresses the potential harms as well as the benefits of data sharing, and offers a framework for balancing competing values. The right to enjoy the benefits of scientific progress and its applications offers a particularly helpful lens through which to view data as both a tool of scientific inquiry to which access is vital and as a product of science from which everyone should benefit. © The Author(s) 2015.

  16. International financial institutions and human rights: implications for public health.

    Science.gov (United States)

    Stubbs, Thomas; Kentikelenis, Alexander

    2017-01-01

    Serving as lender of last resort to countries experiencing unsustainable levels of public debt, international financial institutions have attracted intense controversy over the past decades, exemplified most recently by the popular discontent expressed in Eurozone countries following several rounds of austerity measures. In exchange for access to financial assistance, borrowing countries must settle on a list of often painful policy reforms that are aimed at balancing the budget. This practice has afforded international financial institutions substantial policy influence on governments throughout the world and in a wide array of policy areas of direct bearing on human rights. This article reviews the consequences of policy reforms mandated by international financial institutions on the enjoyment of human rights, focusing on the International Monetary Fund and World Bank. It finds that these reforms undermine the enjoyment of health rights, labour rights, and civil and political rights, all of which have deleterious implications for public health. The evidence suggests that for human rights commitments to be met, a fundamental reorientation of international financial institutions' activities will be necessary.

  17. Where Public Health Meets Human Rights

    Science.gov (United States)

    Kiragu, Karusa; Sawicki, Olga; Smith, Sally; Brion, Sophie; Sharma, Aditi; Mworeko, Lilian; Iovita, Alexandrina

    2017-01-01

    Abstract In 2014, the World Health Organization (WHO) initiated a process for validation of the elimination of mother-to-child transmission (EMTCT) of HIV and syphilis by countries. For the first time in such a process for the validation of disease elimination, WHO introduced norms and approaches that are grounded in human rights, gender equality, and community engagement. This human rights-based validation process can serve as a key opportunity to enhance accountability for human rights protection by evaluating EMTCT programs against human rights norms and standards, including in relation to gender equality and by ensuring the provision of discrimination-free quality services. The rights-based validation process also involves the assessment of participation of affected communities in EMTCT program development, implementation, and monitoring and evaluation. It brings awareness to the types of human rights abuses and inequalities faced by women living with, at risk of, or affected by HIV and syphilis, and commits governments to eliminate those barriers. This process demonstrates the importance and feasibility of integrating human rights, gender, and community into key public health interventions in a manner that improves health outcomes, legitimizes the participation of affected communities, and advances the human rights of women living with HIV. PMID:29302179

  18. Human rights, State Violence and Political Resistance

    Directory of Open Access Journals (Sweden)

    Signe Larsen

    2013-11-01

    Full Text Available This article investigates Hannah Arendt’s and Giorgio Agamben’s critiques of human rights and argues that the two thinkers share a blind spot with regard to the radical potentials of human rights. The problem is that they do not break with two fixed imaginaries which still haunt liberal democracies: (1 the historical essentialist understanding of human rights and (2 nation-states and individuals as the principal loci for political rights, power, and action. Based on the work of Jacques Rancière, Costas Douzinas, and Étienne Balibar this article argues that human rights can be thought of as a constituent part of a radical political praxis and resistance movement. If human rights are thought of as a praxis of “right-ing” (Douzinas or a “dissensus” (Rancière, which both contest the current “distribution of the sensible,” a new “cosmopolitics of human rights” can be imagined where human rights are conceived as a borderline concept (Balibar.

  19. Human trafficking in Germany: strengthening victim's human rights

    OpenAIRE

    Follmar-Otto, Petra; Rabe, Heike

    2009-01-01

    The first study - "A human rights approach against human trafficking - International obligations and the status of implementation in Germany" - analyses how the prohibition of human trafficking and the resulting state obligations are anchored in human rights. The more recent specialised international agreements on human trafficking and law-making in the European Union are then presented. The emphasis is on the Council of Europe Convention, which professes to treat human trafficking in a human...

  20. Ética, direitos dos usuários e políticas de humanização da atenção à saúde Ethics, users' rights and policies of humanization of healthcare

    Directory of Open Access Journals (Sweden)

    Paulo Antonio de Carvalho Fortes

    2004-12-01

    Full Text Available O artigo trata da evolução das políticas públicas de humanização dos serviços de saúde no Brasil. No campo da atenção em saúde, o termo humanização tem sido utilizado com diferentes significados e entendimentos, relacionando-o com os direitos dos pacientes e a ética voltada ao respeito ao outro. A partir dos anos 90, a humanização da atenção à saúde vem sendo tratada como política pública, iniciando-se no ambiente hospitalar, e , atualmente, sendo dirigida para todos os níveis de atenção de saúde.The article shows the evolution of public policies of humanization of healthcare in Brazil. Humanization was first related to patients' rights and ethics regarding respect for the others. In the nineties humanization is vieved as a public policies. Nowadays it is oriented to all services of health care.

  1. A right to health care? Participatory politics, progressive policy, and the price of loose language.

    Science.gov (United States)

    Reidy, David A

    2016-08-01

    This article begins by clarifying and noting various limitations on the universal reach of the human right to health care under positive international law. It then argues that irrespective of the human right to health care established by positive international law, any system of positive international law capable of generating legal duties with prima facie moral force necessarily presupposes a universal moral human right to health care. But the language used in contemporary human rights documents or human rights advocacy is not a good guide to the content of this rather more modest universal moral human right to health care. The conclusion reached is that when addressing issues of justice as they inevitably arise with respect to health policy and health care, both within and between states, there is typically little to gain and much to risk by framing deliberation in terms of the human right to health care.

  2. The Humanities, Human Rights, and the Comparative Imagination

    OpenAIRE

    McClennen, Sophia A.

    2007-01-01

    In her paper "The Humanities, Human Rights, and the Comparative Imagination" Sophia A. McClennen argues that understanding the relationship between culture and human rights depends on humanist perspectives attentive to the relationship between storytelling and identity, mass culture and ideology, text and audience, critical thinking and engaged citizenship. After briefly considering how the divide between the humanities and human rights advocates developed and how it might best be overcome, s...

  3. Human Dignity – Constitutional Principle of Fundamental Human Rights

    Directory of Open Access Journals (Sweden)

    Lucian Pop

    2011-07-01

    Full Text Available As a constitutional principle of the human rights, the human dignity is a supreme value, a norm and a right, thus that the reconfiguration of protection standards of fundamental human rights is made by cohesion of the legal, social and moral dimensions of human dignity. With this article, the author argues that legal meaning, social meaning and moral meaning of human dignity, are centerpiece of protection of freedom under law.

  4. Human Rights and Democratization of the Media

    Directory of Open Access Journals (Sweden)

    Abner Barrera Rivas

    2018-03-01

    Full Text Available This article analyzes the relationship between the freedom of the press, conceived and practiced by the big media, and the human right to an independent and truthful information, as understood and proposed by some international treaties, agreement, conventions and declarations concerning freedom of opinion and freedom of expression as human rights. For this reason are taken into account the controversies aroused by media and some progressive governments in South America in the past fifteen years. The article presents and analyzes arguments advanced with respect to human rights that civil society demands when receiving the information, and the rights big media’s owners hold. Given that private media companies’ priority is profit, the information becomes, then, just another consumer product. It is concluded that this situation is a real problem for the education and configuration of a democratic society, and the proposal is to democratize media to protect the human rights of all.

  5. Is inclusive education a human right?

    Science.gov (United States)

    Gordon, John-Stewart

    2013-01-01

    In this article, I question the general idea that inclusive education--i.e., to teach all students in one class--is a moral human right. The following discussion shows that the widespread view in disability studies that there is a moral human right to inclusive education can be reasonably called into question by virtue of the proposed counter arguments, but without denying that inclusive education is of utmost importance. Practically speaking, the legal human right to inclusive education is of great practical value for impaired students, and for their basic right to be free from discrimination in education, since their concern thereby gains great legal and moral force. But, theoretically speaking, this particular human right lacks an attainable consensus concerning proper moral justification. © 2013 American Society of Law, Medicine & Ethics, Inc.

  6. Transformative combinations: women's health and human rights.

    Science.gov (United States)

    Yamin, A E

    1997-01-01

    From the human rights perspective proposed in this article, a woman's good or ill health reflects more than biology or individual behaviors; it reflects her enjoyment (or lack thereof) of fundamental human rights that enable her to exercise basic power over the course and quality of her life. The "structural" view of health that such a human rights perspective suggests is concerned first with identifying the effects of social, economic, and political relations on women's health and then with promoting "interventions" aimed at transforming the laws, institutions, and structures that deny women's rights and well-being. Yet, traditional human rights law and practice have been limited to narrowly defined abuses by public officials against individuals that fail to capture the most pervasive denials of women's rights, which, though rooted in systematic discrimination, are frequently played out in so-called "private" institutions, primarily within the family. The experiences of women's health advocates in addressing complex women's health issues makes it clear that women's lack of access to economic and political power in the public sphere creates the conditions under which they are discriminated against and physically and sexually abused in the private sphere. Combining the pragmatic understanding of women's health professionals with an expansive conception of human rights norms has the potential to transform the fields of women's health and human rights.

  7. Animal rights, animal minds, and human mindreading.

    Science.gov (United States)

    Mameli, M; Bortolotti, L

    2006-02-01

    Do non-human animals have rights? The answer to this question depends on whether animals have morally relevant mental properties. Mindreading is the human activity of ascribing mental states to other organisms. Current knowledge about the evolution and cognitive structure of mindreading indicates that human ascriptions of mental states to non-human animals are very inaccurate. The accuracy of human mindreading can be improved with the help of scientific studies of animal minds. However, the scientific studies do not by themselves solve the problem of how to map psychological similarities (and differences) between humans and animals onto a distinction between morally relevant and morally irrelevant mental properties. The current limitations of human mindreading-whether scientifically aided or not-have practical consequences for the rational justification of claims about which rights (if any) non-human animals should be accorded.

  8. Evolving International Practices for Protection of Human Rights- the UN Human Rights Advisory Panel and EU Human Rights Review Panel

    Directory of Open Access Journals (Sweden)

    Remzije ISTREFI

    2017-03-01

    Full Text Available This article analyses the unique development of the international human rights non judicial protection mechanism in Kosovo. Since 1999 Kosovo has been placed under international supervision carried out by international organizations, namely the United Nations and the European Union. The UN’s Mission in Kosovo (UNMK was unprecedented both in scope and structural complexity. After the Declaration of Independence by Kosovo authorities on 17 February 2008, the European Union Rule of Law Mission in Kosovo EULEX took over to assist and support the Kosovo authorities in the rule of law area, specifically in the areas of the police, the judiciary and customs. The UNMIK’s extensive mandate and EULEXs limited executive powers in practice have affected human rights of Kosovars as a consequence of the UNMIK and EULEX actions and inactions in the course of exercise of their mandates. This study will try to reveal the processes that lead to establishment of these two unique international human rights Panels and their impact on human rights protection of individuals under international administration. The main question to be addressed is if these two human rights panels are providing the adequate remedy for addressing human rights violations by international actors in a post conflict Kosovo.

  9. Protestant Origins of Human Rights Challenged

    Directory of Open Access Journals (Sweden)

    Mogens Chrom Jacobsen

    2017-08-01

    Full Text Available This paper will challenge common views about Protestantism as the originator or foremost promoter of human rights. The idea of a Protestant origin is launched by Georg Jellinek and disputed by Emile Boutmy. The idea is still current and John Witte can thus claim that Protestantism was in part a human rights movement. The point of departure for this strain of thinking is religious toleration, which is seen as a particularly Protestant achievement. We will argue that a more precise notion of what 18th-century human rights were and a closer look at mainstream Protestant political philosophy will tell another story.

  10. Language, Education and Linguistic Human Rights in Ghana | Owu ...

    African Journals Online (AJOL)

    This paper uses both primary and secondary sources to argue that the current language policy violates the Linguistic Human Rights (LHR) of the Ghanaian child. To end this violation, the paper argues for the addition of more L1s as MoI, the cultivation of a positive attitude towards the use of L1 as MoI, the constitutional ...

  11. Three Models of Education: Rights, Capabilities and Human Capital

    Science.gov (United States)

    Robeyns, Ingrid

    2006-01-01

    This article analyses three normative accounts that can underlie educational policies, with special attention to gender issues. These three models of education are human capital theory, rights discourses and the capability approach. I first outline five different roles that education can play. Then I analyse these three models of educational…

  12. Canadian Civil Society Organizations and Human Rights and Global ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    This project aims to strengthen the capacity of Canadian civil society organizations (CSOs) to inform Canadian policy on human rights and global justice. ... in the developing world continue to face obstacles that limit their ability to establish careers and become leaders in the fields of science, technology, engineering, and ...

  13. Concept of environment, sustainable development and respect for human rights

    Directory of Open Access Journals (Sweden)

    Urjana ÇURI

    2013-12-01

    Full Text Available The insistence on the definition of environmental protection is an aspiration which has served as prerequisites to the implementation of human rights in a global economic crises. European Regional System has traditionally been focused on the protection of civil and political rights. In the wake of environmental risks that imply the violation of human rights, the emphasis has been placed more on the social, economic and cultural. Collective mechanisms to appeal to the United Nations and the European Court of Human Rights, gave a number of decisions on matters implicating environmental laws and policies. What is to be noted, is the evolution of the guarantees provided under the European Convention on Human Rights, which refers to a substantial understanding of environmental protection, and also including procedural aspects related to the protection of the right to life, privacy, property, information and effective means of appeal. This evolution has been launched by the growing need for states to take preventive measures and policies to the requirements for a balanced sustainable economic development, avoiding environmental risks that imply the violation of human rights. Proportionality in the protection of the interests in this respect creates a context for a fair trial, but also promotes an open and constructive dialogue between judges and lawmakers to protect the public interest.

  14. Environment and economy: Property rights and public policy

    International Nuclear Information System (INIS)

    Bromley, D.J.

    1991-01-01

    For much of its history, environmental economics has sought to modify public policy in order to achieve efficient use and management of environmental resources. The results of this attempt, however, have been dismaying for the most part, and environment public policy continues to differ from the course of action prescribed by economic analysis. Some economists have begun to acknowledge that the reasons for this gap between economic theory and public policy may lie in environmental economics itself rather than in poor policy choices. That is the message sent in this book by Daniel Bromley, who joins S.V. Ciriacy-Wantrup, Allan Schmid, and others in a strong internal critique of the discipline and, in particular, of the 'property rights school' of Coase, Demsetz, and other advocates of the market. Property rights are the common thread of this critique, which blames much of the failure of environmental economics to influence environmental policy on several fundamental misconceptions regarding property

  15. Disability in a Human Rights Context

    Directory of Open Access Journals (Sweden)

    Theresia Degener

    2016-08-01

    Full Text Available The Convention on the Rights of Persons with Disabilities (CRPD is a modern human rights treaty with innovative components. It impacts on disability studies as well as human rights law. Two innovations are scrutinized in this article: the model of disability and the equality and discrimination concepts of the CRPD. It is argued that the CRPD manifests a shift from the medical model to the human rights model of disability. Six propositions are offered why and how the human rights model differs from the social model of disability. It is further maintained that the CRPD introduces a new definition of discrimination into international public law. The underlying equality concept can be categorized as transformative equality with both individual and group oriented components. The applied methodology of this research is legal doctrinal analysis and disability studies model analysis. The main finding is that the human rights model of disability improves the social model of disability. Three different models of disability can be attributed to different concepts of equality. The medical model corresponds with formal equality, while the social model with substantive equality and the human rights model can be linked with transformative equality.

  16. 3 CFR 8464 - Proclamation 8464 of December 9, 2009. Human Rights Day, Bill of Rights Day, And Human Rights...

    Science.gov (United States)

    2010-01-01

    ... culture is unique, certain rights are universal: the freedom of people—including women and ethnic and... 3 The President 1 2010-01-01 2010-01-01 false Proclamation 8464 of December 9, 2009. Human Rights Day, Bill of Rights Day, And Human Rights Week, 2009 8464 Proclamation 8464 Presidential Documents...

  17. Assessing human rights impacts in corporate development projects

    International Nuclear Information System (INIS)

    Salcito, Kendyl; Utzinger, Jürg; Weiss, Mitchell G.; Münch, Anna K.; Singer, Burton H.; Krieger, Gary R.; Wielga, Mark

    2013-01-01

    Human rights impact assessment (HRIA) is a process for systematically identifying, predicting and responding to the potential impact on human rights of a business operation, capital project, government policy or trade agreement. Traditionally, it has been conducted as a desktop exercise to predict the effects of trade agreements and government policies on individuals and communities. In line with a growing call for multinational corporations to ensure they do not violate human rights in their activities, HRIA is increasingly incorporated into the standard suite of corporate development project impact assessments. In this context, the policy world's non-structured, desk-based approaches to HRIA are insufficient. Although a number of corporations have commissioned and conducted HRIA, no broadly accepted and validated assessment tool is currently available. The lack of standardisation has complicated efforts to evaluate the effectiveness of HRIA as a risk mitigation tool, and has caused confusion in the corporate world regarding company duties. Hence, clarification is needed. The objectives of this paper are (i) to describe an HRIA methodology, (ii) to provide a rationale for its components and design, and (iii) to illustrate implementation of HRIA using the methodology in two selected corporate development projects—a uranium mine in Malawi and a tree farm in Tanzania. We found that as a prognostic tool, HRIA could examine potential positive and negative human rights impacts and provide effective recommendations for mitigation. However, longer-term monitoring revealed that recommendations were unevenly implemented, dependent on market conditions and personnel movements. This instability in the approach to human rights suggests a need for on-going monitoring and surveillance. -- Highlights: • We developed a novel methodology for corporate human rights impact assessment. • We piloted the methodology on two corporate projects—a mine and a plantation. • Human

  18. Assessing human rights impacts in corporate development projects

    Energy Technology Data Exchange (ETDEWEB)

    Salcito, Kendyl, E-mail: kendyl.salcito@unibas.ch [Department of Epidemiology and Public Health, Swiss Tropical and Public Health Institute, P.O. Box, CH-4002 Basel (Switzerland); University of Basel, P.O. Box, CH-4003 Basel (Switzerland); NomoGaia, 1900 Wazee Street, Suite 303, Denver, CO 80202 (United States); NewFields, LLC, Denver, CO 80202 (United States); Utzinger, Jürg, E-mail: juerg.utzinger@unibas.ch [Department of Epidemiology and Public Health, Swiss Tropical and Public Health Institute, P.O. Box, CH-4002 Basel (Switzerland); University of Basel, P.O. Box, CH-4003 Basel (Switzerland); Weiss, Mitchell G., E-mail: Mitchell-g.Weiss@unibas.ch [Department of Epidemiology and Public Health, Swiss Tropical and Public Health Institute, P.O. Box, CH-4002 Basel (Switzerland); University of Basel, P.O. Box, CH-4003 Basel (Switzerland); Münch, Anna K., E-mail: annak.muench@gmail.com [Emerging Pathogens Institute, University of Florida, Gainesville, FL 32610 (United States); Singer, Burton H., E-mail: bhsinger@epi.ufl.edu [Emerging Pathogens Institute, University of Florida, Gainesville, FL 32610 (United States); Krieger, Gary R., E-mail: gkrieger@newfields.com [NewFields, LLC, Denver, CO 80202 (United States); Wielga, Mark, E-mail: wielga@nomogaia.org [NomoGaia, 1900 Wazee Street, Suite 303, Denver, CO 80202 (United States); NewFields, LLC, Denver, CO 80202 (United States)

    2013-09-15

    Human rights impact assessment (HRIA) is a process for systematically identifying, predicting and responding to the potential impact on human rights of a business operation, capital project, government policy or trade agreement. Traditionally, it has been conducted as a desktop exercise to predict the effects of trade agreements and government policies on individuals and communities. In line with a growing call for multinational corporations to ensure they do not violate human rights in their activities, HRIA is increasingly incorporated into the standard suite of corporate development project impact assessments. In this context, the policy world's non-structured, desk-based approaches to HRIA are insufficient. Although a number of corporations have commissioned and conducted HRIA, no broadly accepted and validated assessment tool is currently available. The lack of standardisation has complicated efforts to evaluate the effectiveness of HRIA as a risk mitigation tool, and has caused confusion in the corporate world regarding company duties. Hence, clarification is needed. The objectives of this paper are (i) to describe an HRIA methodology, (ii) to provide a rationale for its components and design, and (iii) to illustrate implementation of HRIA using the methodology in two selected corporate development projects—a uranium mine in Malawi and a tree farm in Tanzania. We found that as a prognostic tool, HRIA could examine potential positive and negative human rights impacts and provide effective recommendations for mitigation. However, longer-term monitoring revealed that recommendations were unevenly implemented, dependent on market conditions and personnel movements. This instability in the approach to human rights suggests a need for on-going monitoring and surveillance. -- Highlights: • We developed a novel methodology for corporate human rights impact assessment. • We piloted the methodology on two corporate projects—a mine and a plantation.

  19. China and Africa: Human Rights Perspective

    African Journals Online (AJOL)

    significant concept behind that of power and sovereignty is national interest. ..... of whom deny that modern states have a moral or legal authority to represent them in ... protection of human rights based on cultural relativism would then only be.

  20. social work and human rights in zimbabwe

    African Journals Online (AJOL)

    Mugumbate

    ... a few cases of human rights breaches were selected from reports and academic ..... retroviral drugs lost contact with their suppliers during and after operation .... Becket, C.; 2006 Ethics and values in social work 3rd Edition. Basingstoke: ...

  1. Rights, Equality, and the Ethics of School Policy.

    Science.gov (United States)

    Diorio, Joseph A.

    1986-01-01

    Where a plurality of opinions exists, the effect of uniform educational policy denies a minority group's desires for equal rights and serves partisan views. Dworkin's theory of rights supports this perspective. Governmental imposition of uniform schooling practices on unwilling persons is an illegitimate devaluation of some citizens' lives. (36…

  2. The human factor: enhancing women's rights.

    Science.gov (United States)

    Steinzor, N

    1995-01-01

    The Universal Declaration of Human Rights, adopted by the UN in 1948, declares that all human beings are born free and equal in dignity and rights, and that everyone has the right to life, liberty, and security of person. In practice, however, far from everyone has these rights, especially women. Many women worldwide have neither the awareness of nor access to family planning methods with which they could regulate their fertility and childbearing. Thus deprived of their reproductive freedom, these women cannot pursue education, employment, and other life options which would otherwise be readily available to them were they not saddled with poor reproductive health and too many children. Expanded choices enhance the status of women, which in turn helps them to reduce fertility rates and stabilize population growth. The author discusses how the wide range of cultural and social norms, and economic and political systems worldwide make it very difficult and complex to actually implement universal human rights.

  3. Sexual rights as human rights: a guide to authoritative sources and principles for applying human rights to sexuality and sexual health.

    Science.gov (United States)

    Miller, Alice M; Kismödi, Eszter; Cottingham, Jane; Gruskin, Sofia

    2015-11-01

    This Guide seeks to provide insight and resources to actors interested in the development of rights claims around sexuality and sexual health. After engaging with the vexed question of the scope of sexual rights, it explores the rules and principles governing the way in which human rights claims are developed and applied to sexuality and sexual health, and how that development is linked to law and made a matter of state obligation. This understanding is critical to policy and programming in sexual health and rights, as it supports calling on the relevant range of human rights, such as privacy, non-discrimination, health or other universally accepted human rights, as well as demanding the action of states under their international and national law obligations to support sexual health. Copyright © 2015 Elsevier Inc. All rights reserved.

  4. Gender Equality, Citizenship and Human Rights

    DEFF Research Database (Denmark)

    reflect upon challenges to gender equality, citizenship, and human rights in their respective societies; it combines theoretical insights with empirically grounded studies. The volume contextualises feminist political theory in China and the Nordic countries and subsequently puts it into a global......This comparative volume examines the ways in which current controversies and political, legal, and social struggles for gender equality raise conceptual questions and challenge our thinking on political theories of equality, citizenship and human rights. Bringing together scholars and activists who...

  5. Foucault and Human Rights: Seeking the Renewal of Human Rights Education

    Science.gov (United States)

    Zembylas, Michalinos

    2016-01-01

    This article takes up Foucault's politics of human rights and suggests that it may constitute a point of departure for the renewal of HRE, not only because it rejects the moral superiority of humanism--the grounding for the dominant liberal framework of international human rights--but also because it makes visible the complexities of human rights…

  6. Youth, Privacy and Online Media: Framing the right to privacy in public policy-making

    DEFF Research Database (Denmark)

    Hasselbalch, Gry; Jørgensen, Rikke Frank

    2015-01-01

    debate. It presents the results of a qualitative study amongst 68 Danish high school students concerning how they perceive, negotiate and control their private sphere when using social media and builds a case for utilizing the results of studies as this to inform the ongoing policy discourses concerning...... policy making that the right to privacy is challenged in new ways in a structurally transformed online public sphere, the way in which it has been framed does not seem to acknowledge this transformation. This paper therefore argues for a reformulation of “online privacy” in the current global policy......The right to privacy is a fundamental human right defined in international and regional human rights instruments. As such it has been included as a core component of key legislature and policy proceedings throughout the brief history of the World Wide Web. While it is generally recognized in public...

  7. Economic Justice: Necessary Condition for Human Rights.

    Science.gov (United States)

    Cloud, Fred

    1993-01-01

    Economic justice means taking the personhood of poor people into account; respecting their needs, personal ambitions, rights, and dignity; and affording equal opportunity and equal access to education, health care, housing, and jobs. Examples of injustice to minority groups are provided, citing the Universal Declaration of Human Rights. (SLD)

  8. Human Rights Arrangement on Indonesian Law

    Directory of Open Access Journals (Sweden)

    S. Masribut Sardol

    2014-01-01

    Full Text Available Article 1 paragraph (3 of the Constitution of 1945 (UUD 1945 stated that Indonesia is a Rule of Law. One feature of the Rule of Law is the existence of human rights in the state administration. Indonesia, since independence on August 17, 1945 has asserted the defense of human rights as stated in the opening clause and in the torso of the 1945 Constitution Article 27-34. In the era of reform, on the Government of President Habibie, the President and the Parliament ratified the UN convention against torture and other cruel, inhuman, or degrading human dignity into Law number 5 of 1998. Then the MPR also publishes the statutes of MPR No. XVII/MPR/1998 on Human Rights, which was followed up with the appearance of Law No. 39 of 1999 on human rights. In accordance with the law in Indonesia based on the sort of Law No. 12 of 2011, the actual products that have been issued by the Government (the MPR, DPR and President that follow up the substance of Human Rights in the Constitution with established Assembly and the law is already correct. But when the MPR then does the second amendment to the Constitution on August 18, 2000 by adding a special article chapters and contains about Human Rights (as mentioned in Chapter X-A section 28 A-J, have made the complexity hierarchy of law in Indonesia because it is not in accordance with the substance of article 7 of Law No. 12 of 2011. How To Cite: Sardol, S. (2014. Human Rights Arrangement on Indonesian Law. Rechtsidee, 1(1, 85-100. doi:http://dx.doi.org/10.21070/jihr.v1i1.105

  9. Human rights of persons with mental disabilities. The European Convention of Human Rights.

    Science.gov (United States)

    Gostin, L O

    2000-01-01

    It is not necessary to recount the numerous charters and declarations ... to understand human rights.... All persons are born free and equal in dignity and rights. Everyone ... is entitled to all the rights and freedoms set forth in the international human rights instruments without discrimination, such as the rights to life, liberty, security of the person, privacy, health, education, work, social security, and to marry and found a family. Yet, violations of human rights are a reality to be found in every corner of the globe.

  10. Human rights and conventionality control in Mexico

    Directory of Open Access Journals (Sweden)

    Azul América Aguiar-Aguilar

    2014-12-01

    Full Text Available The protection of human rights in Mexico has, de jure, suffered an important change in the last years, given a new judicial interpretation delivered by the National Supreme Court of Justice that allows the use of conventionality control, which means, that it allows federal and state judges to verify the conformity of domestic laws with those established in the Inter-American Convention of Human Rights. To what extent domestic actors are protecting human rights using this new legal tool called conventionality control? In this article I explore whom and how is conventionality control being used in Mexico. Using N-Vivo Software I reviewed concluded decisions delivered by intermediate level courts (Collegiate Circuit Courts in three Mexican states. The evidence points that conventionality control is a very useful tool especially to defenders, who appear in sentences claiming compliance with the commitments Mexico has acquired when this country ratified the Convention.

  11. Human Rights Texts: Converting Human Rights Primary Source Documents into Data.

    Science.gov (United States)

    Fariss, Christopher J; Linder, Fridolin J; Jones, Zachary M; Crabtree, Charles D; Biek, Megan A; Ross, Ana-Sophia M; Kaur, Taranamol; Tsai, Michael

    2015-01-01

    We introduce and make publicly available a large corpus of digitized primary source human rights documents which are published annually by monitoring agencies that include Amnesty International, Human Rights Watch, the Lawyers Committee for Human Rights, and the United States Department of State. In addition to the digitized text, we also make available and describe document-term matrices, which are datasets that systematically organize the word counts from each unique document by each unique term within the corpus of human rights documents. To contextualize the importance of this corpus, we describe the development of coding procedures in the human rights community and several existing categorical indicators that have been created by human coding of the human rights documents contained in the corpus. We then discuss how the new human rights corpus and the existing human rights datasets can be used with a variety of statistical analyses and machine learning algorithms to help scholars understand how human rights practices and reporting have evolved over time. We close with a discussion of our plans for dataset maintenance, updating, and availability.

  12. Interdependence, Human Rights and Global Health Law.

    Science.gov (United States)

    Viens, A M

    2015-12-01

    The connection between health and human rights continues to play a prominent role within global health law. In particular, a number of theorists rely on the claim that there is a relation of interdependence between health and human rights. The nature and extent of this relation, however, is rarely defined, developed or defended in a conceptually robust way. This paper seeks to explore the source, scope and strength of this putative relation and what role it might play in developing a global health law framework.

  13. Basic education as a human right redux

    OpenAIRE

    Willmore, Larry

    2008-01-01

    The Universal Declaration of Human Rights promises free elementary education and free choice of schools to children and their parents. International fora emphasise the first right while neglecting the second. This essay examines arguments for limiting school choice and finds each of them to be unconvincing. It then describes three school systems: India, with free choice, but only for those who can afford to pay; Sweden, with taxpayer-funded free choice for everyone; and Finland, which allows ...

  14. The Human Right to Access Electricity

    Energy Technology Data Exchange (ETDEWEB)

    Tully, Stephen

    2006-04-15

    Electricity access is already well established within the framework of human rights, either as an implicit attribute of a pre-existing right (such as non-discrimination or sustainable development) or explicitly in the context of eliminating discrimination against women. There is also broad acknowledgement by states of the desirability of eliminating energy poverty - for all, but particularly for the rural poor, and women. (author)

  15. Democracy and Human Rights: Concepts, Measures, and Relationships

    Directory of Open Access Journals (Sweden)

    Todd Landman

    2018-03-01

    Full Text Available The empirical literature on democracy and human rights has made great strides over the last 30 years in explaining (1 the variation in the transition to, consolidation of, and quality of democracy; (2 the proliferation and effectiveness of human rights law; and (3 the causes and consequences of human rights across many of their categories and dimensions. This work has in many ways overcome the ‘essentially contested’ nature of the concepts of democracy and human rights conceptually, established different measures of both empirically, and developed increasingly sophisticated statistical and other analytical techniques to provide stronger inferences for the academic and policy community. This article argues that despite these many achievements, there remain tensions between conceptualisations of democracy and human rights over the degree to which one includes the other, the temporal and spatial empirical relationships between them, and the measures that have been developed to operationalize them. These tensions, in turn, affect the kinds of analyses that are carried out, including model specification, methods of estimation, and findings. Drawing on extant theories and measures of both, the article argues that there must be greater specificity in the conceptualisation and operationalization of democracy and human rights, greater care in the development and use of measures, and greater attention to the kinds of inferences that are made possible by them.

  16. Reproductive Health Policies in Peru: Social Reforms and Citizenship Rights

    Directory of Open Access Journals (Sweden)

    Stéphanie Rousseau

    2007-05-01

    Full Text Available The article analyzes the case of reproductive health policy-making in Peru in the context of recent social policy reforms. Health-sector reforms have only partially redressed Peruvian women’s unequal access to family planning, reproductive rights and maternal care. The main sources of inequalities are related to the segmented character of the health-care system, with the highest burden placed on the public sector. The majority of women from popular classes, who are not protected by an insurance plan, are dependent upon what and how public services are provided. Simultaneously, the continuing role of conservative sectors in public debates about reproductive health policy has a strong impact on public family planning services and other reproductive rights.

  17. 75 FR 78147 - Human Rights Day, Bill of Rights Day, and Human Rights Week, 2010

    Science.gov (United States)

    2010-12-14

    ..., certain rights belong to all people: freedom to live as they choose, to speak openly, to organize... in the rule of law. Freedom, justice, and peace for the world must begin with basic security and... rights a reality for every person, regardless of race, gender, religion, nationality, sexual orientation...

  18. Human dignity according to international instruments on human rights

    Directory of Open Access Journals (Sweden)

    José Pablo Alzina de Aguilar

    2011-01-01

    Full Text Available According to international instruments on human rights, the dignity of the human person is the foundation of human rights, and both human dignity and human rights are inherent to the human being, universal and inviolable. This understanding of human dignity is not a fruitless truism, but the solid foundation on which to build a world community under the rule of the new ius gentium: the International Law for Humankind. Moreover, it is the clue to answer many questions raised by the new world of globalization and of the exponential growth of international rules.Consequently, there is a need to a common doctrine on a notion of human dignity which will allow the implementation and adjudication of the aforementioned instruments, at the service of the human person and in conformity with the juridical conscience which they reflect. Philosophy of Law concepts which can be traced back to Aristotle provide that notion. According to these concepts, the demanding nature of “human dignity” sustains the notion of “legal personhood”, and both notions pertain to the realm of Law and Right, not of Morale and Values. Thus, human dignity and human rights are and must be, respectively, a basic principle and a necessary part of any Law system, including international law

  19. Property rights in human gametes in Australia.

    Science.gov (United States)

    White, Vanessa

    2013-03-01

    It has long been a basic tenet of the common law that there can be no property interest in human bodies or body parts. However, exceptions to the rule have been recognised from the mid-19th century and developed over time. In the early 21st century, there have been interesting developments in the common law of Australia and England, with Australian Supreme Court judges and the English Court of Appeal casting aside existing exceptions, and finding property rights in human body parts, including gametes, by relying instead on a "rational" and "logical" basis to identify property interests in human body parts.

  20. Human rights and multinational firm returns

    NARCIS (Netherlands)

    Dag, Nihat; Eije, Henk von; Pennink, Bartjan

    1998-01-01

    Corporate social responsibility receives increased attention in economic analysis and research, but the knowledge of the effect of ethical issues on company performance is still in its infancy. In this paper we attempt to measure the impact of the human rights issue with an event study. In

  1. Human Rights and Cosmopolitan Democratic Education

    Science.gov (United States)

    Snauwaert, Dale T.

    2009-01-01

    The foundation upon which this discussion is based is the basic nature of democracy as both a political and moral ideal. Democracy can be understood as a system of rights premised upon the logic of equality. At its core is a fundamental belief in moral equality, a belief that all human beings possess an equal inherent dignity or worth. The ideal…

  2. Culture and Human Rights: The Wroclaw Commentaries

    NARCIS (Netherlands)

    Wiesand, A.J.; Chainoglou, K.; Śledzińska-Simon, A.; Donders, Y.

    2016-01-01

    The City of Wroclaw, in cooperation with the National Cultural Centre (Warsaw), has asked Andreas Joh. Wiesand to prepare, together with experts from many different countries, a basic handbook which cover all relevant legal questions as well as main political consequences related to human rights and

  3. China in Africa: The Human Rights Impact

    NARCIS (Netherlands)

    C.L. Bennett (Clare); S. McCann (S.); B. Radley (Ben)

    2008-01-01

    markdownabstract__Abstract__ This report examines the practical impact of Chinese investment on human rights in Africa, in order to assess how the positive effects of China in Africa can be maximised and how the negative effects – which have the potential to be particularly damaging in states

  4. The Universal Declaration of Human Rights

    International Nuclear Information System (INIS)

    1968-01-01

    Human Rights Year, so designated by the United Nations, is now coming to an end. The full text of the Universal Declaration, proclaimed in 1946, is given as a reminder of its ideals. In 1966 Covenants for acceptance by States were drawn up and opened for signature. (author)

  5. Human rights: eye for cultural diversity

    NARCIS (Netherlands)

    Donders, Y.M.

    2012-01-01

    The relationship and interaction between international human rights law and cultural diversity is a current topic, as is shown by the recent debates in The Netherlands on, for instance, the proposed ban on wearing facial coverage, or burqas, and the proposed ban on ritual slaughter without

  6. The Struggle for Human Rights in Myanmar

    Science.gov (United States)

    Keefer, Natalie

    2012-01-01

    The non-violent participation of Nobel Peace Prize laureate Aung San Suu Kyi and Buddhist monks in resistance efforts to advocate for the welfare of Myanmar's people has played an important role in educating the world about human rights violations in the country. Faced with international condemnation, Myanmar's junta released Aung San Suu Kyi from…

  7. Gender, human rights and cultural diversity

    DEFF Research Database (Denmark)

    Kastrup, Marianne C

    2011-01-01

    and the elucidation of their symptom manifestations, as well as effective therapeutic interventions, which clearly show how human rights issues are linked to research and clinical psychiatry. The analyses of how different ethnic groups use psychiatric services, epitomize how important it is to pay attention to gender...

  8. The Politics of European Human Rights Culture

    Czech Academy of Sciences Publication Activity Database

    Agha, Petr

    2017-01-01

    Roč. 7, č. 3 (2017), s. 200-215 ISSN 1805-8396 R&D Projects: GA ČR GA13-30299S Institutional support: RVO:68378122 Keywords : Court of Justice of the European Union * European Court of Human Rights * religious symbols Subject RIV: AG - Legal Sciences OBOR OECD: Law

  9. The Discourse on Human Rights and the International Regime of Human Rights

    Directory of Open Access Journals (Sweden)

    Eyassu Gayim

    2016-11-01

    Full Text Available The international regime of human rights governs the kinds of freedoms, liberties, benefits, autonomy and protection which human beings are entitled to, what kind of obligations we have in this connection and what the roles of states are in recognizing and protecting these rights. Yet, the sources, foundation and justifications for these rights and who we are by nature to deserve some rights has been contentious over the centuries, not least because we live in social context, which requires balancing rights by meeting the broader community interests: political order, stability, and satisfying the general welfare. This paper re-visits the major contentious positions in the discourse on human rights for purposes of explaining how the international community has navigated when shaping the contours of the international regime of human rights. Has this regime endorsed, rejected or avoided some of these positions? Does it follow a clear political ideology?

  10. Human rights and mass disaster: lessons from the 2004 tsunami.

    Science.gov (United States)

    Weinstein, H M; Fletcher, L E; Stover, E

    2007-01-01

    This paper describes the results of an investigation into how the December, 2004 tsunami and its aftermath affected the human rights of the survivors. Teams of researchers interviewed survivors, government officials, representatives of international and local nongovernmental organisations, UN officials, the military, police, and other key informants in India, Sri Lanka, the Maldives, Indonesia, and Thailand. We also analysed newspaper articles, reports released by governments, UN agencies, NGOs, and private humanitarian aid groups, and we examined the laws and policies related to survivors' welfare in the affected countries. We found worsening of prior human rights violations, inequities in aid distribution, lack of accountability and impunity, poor coordination of aid, lack of community participation in reconstruction, including coastal redevelopment. Corruption and preexisting conflict negatively impact humanitarian interventions. We make recommendations to international agencies, states, and local health service providers. A human rights framework offers significant protection to survivors and should play a critical role in disaster response.

  11. Human Rights in the Context of Cultural Diversity

    Directory of Open Access Journals (Sweden)

    Emilian Ciongaru

    2013-05-01

    Full Text Available The human rights understood in the sense of fundamental inalienable rights are therefore considered as universal – they apply to everything and egalitarian exist in two ways: as natural or legal rights, both in the rights doctrine in the international practice within the international law, the global and regional institutions, in the state policies and the activities of non from all over the world regardless of peoples’ cultures. manage the ethnic-cultural communities living on the territory of a state often contributes, in fact, to the separation and not to the reunion of peoples, the ideological and political factors acting rather as division factors whereas the affective spiritual connection exists only between the states having deep similarities. For this purpose, serving justice having as a goal the pres on the social feelings of humanity.

  12. The treatment of sex offenders: evidence, ethics, and human rights.

    Science.gov (United States)

    Birgden, Astrid; Cucolo, Heather

    2011-09-01

    Public policy is necessarily a political process with the law and order issue high on the political agenda. Consequently, working with sex offenders is fraught with legal and ethical minefields, including the mandate that community protection automatically outweighs offender rights. In addressing community protection, contemporary sex offender treatment is based on management rather than rehabilitation. We argue that treatment-as-management violates offender rights because it is ineffective and unethical. The suggested alternative is to deliver treatment-as-rehabilitation underpinned by international human rights law and universal professional ethics. An effective and ethical community-offender balance is more likely when sex offenders are treated with respect and dignity that, as human beings, they have a right to claim.

  13. Evolving International Practices for Protection of Human Rights- the UN Human Rights Advisory Panel and EU Human Rights Review Panel

    OpenAIRE

    Remzije ISTREFI

    2017-01-01

    This article analyses the unique development of the international human rights non judicial protection mechanism in Kosovo. Since 1999 Kosovo has been placed under international supervision carried out by international organizations, namely the United Nations and the European Union. The UN’s Mission in Kosovo (UNMK) was unprecedented both in scope and structural complexity. After the Declaration of Independence by Kosovo authorities on 17 February 2008, the European Union Rule ...

  14. Remembering a sociology of Human Rights

    Directory of Open Access Journals (Sweden)

    Levy, Daniel

    2014-12-01

    Full Text Available A sociology of human rights sounds almost like a contradiction in terms. Sociology is about social groups, about particular experiences, about how people, embedded in space and time, make sense of their lives and give meaning to their world. It deals with power and interest and the social bases of our experiences. On the other hand, human rights are about human beings in general, without temporal or spatial references, not about groups and their boundaries. Human rights are about humanity, located in the world and connected to an inviolable nature. Global media representations, among others, create new cosmopolitan memories, providing new epistemological vantage points and emerging moral-political interdependencies. As such, memories of the Holocaust contribute to the creation of a common European cultural memory based on the abstract notion of human rights. Sociologically, a theory of human rights has to show how universal and particular memories co-exist, are reconciled etc. and what it means for the recognition of the “other”, and the broadening of circles of solidarity.Una sociología de los derechos humans suena casi como un oxímoron. La sociología se fija en los grupos sociales, en las experiencias particulares, y en cómo las personas, marcadas por el espacio y el tiempo, dan sentido a sus vidas y atribuyen un significado al mundo. Trata del poder, el interés y la base social de nuestras experiencias. Contrariamente, los derechos humanos se refieren a humanos en general, sin referencias temporales ni espaciales, y no a grupos y sus límites. Los derechos humanos tratan de la humanidad, ubicado en el mundo y conectado con su naturaleza inviolable. Representaciones mediáticas globales, entre otras, crean memorias cosmopólitas nuevas, disponiendo nuevos puntos de vista epistemológicos y interdependencias morales-políticas emergentes. Así, las memorias del Holocausto contribuyen a la creación de una memoria cultural europea com

  15. Translating Human Rights Principles into Classroom Practices: Inequities in Educating about Human Rights

    Science.gov (United States)

    Robinson, Carol

    2017-01-01

    The overarching aim of this paper is to explore how key principles inherent in human rights declarations and conventions are translated into practices associated with human rights education within school contexts. It is argued that this translation from discourse to practice opens up the potential for children and young people to encounter…

  16. Human Rights Here and Now: Celebrating the Universal Declaration of Human Rights.

    Science.gov (United States)

    Flowers, Nancy, Ed.

    Although December 10, 1998, marked the 50th anniversary of the United Nations' Universal Declaration of Human Rights (UDHR), most people living in the United States remain unaware of this document, the foundation stone of all human rights. Intended for use by both community groups and teachers in elementary and secondary schools, this educational…

  17. Advancing palliative care as a human right.

    Science.gov (United States)

    Gwyther, Liz; Brennan, Frank; Harding, Richard

    2009-11-01

    The international palliative care community has articulated a simple but challenging proposition that palliative care is an international human right. International human rights covenants and the discipline of palliative care have, as common themes, the inherent dignity of the individual and the principles of universality and nondiscrimination. However, when we consider the evidence for the effectiveness of palliative care, the lack of palliative care provision for those who may benefit from it is of grave concern. Three disciplines (palliative care, public health, and human rights) are now interacting with a growing resonance. The maturing of palliative care as a clinical specialty and academic discipline has coincided with the development of a public health approach to global and community-wide health problems. The care of the dying is a public health issue. Given that death is both inevitable and universal, the care of people with life-limiting illness stands equal to all other public health issues. The International Covenant on Economic, Social and Cultural Rights (ICESCR) includes the right to health care and General Comment 14 (paragraph 34) CESCR stipulates that "States are under the obligation to respect the right to health by, inter alia, refraining from denying or limiting equal access for all persons, ... to preventive, curative and palliative health services." However, these rights are seen to be aspirational-rights to be achieved progressively over time by each signatory nation to the maximum capacity of their available resources. Although a government may use insufficient resources as a justification for inadequacies of its response to palliative care and pain management, General Comment 14 set out "core obligations" and "obligations of comparable priority" in the provision of health care and placed the burden on governments to justify "that every effort has nevertheless been made to use all available resources at its disposal in order to satisfy, as

  18. Human rights of the mentally ill in Indonesia.

    Science.gov (United States)

    Nurjannah, I; Mills, J; Park, T; Usher, K

    2015-06-01

    The mentally ill are vulnerable to human rights violations, particularly in Indonesia, where shackling is widespread. The aim of this study was to understand the provision of mental health care in Indonesia, thereby identifying ways to improve care and better support carers. Grounded theory methods were used. Study participants included health professionals, non-health professionals and individuals living with a mental disorder who were well at the time (n = 49). Data were collected through interviews conducted in 2011 and 2012. The core category of this grounded theory is 'connecting care' a term coined by the authors to describe a model of care that involves health professionals and non-health professionals, such as family members. Four main factors influence care-providers' decision-making: competence, willingness, available resources and compliance with institutional policy. Health professionals are influenced most strongly by institutional policy when deciding whether to accept or shift responsibility to provide care. Non-health professionals base their decisions largely on personal circumstances. Jointly-made decisions can be matched or unmatched. Unmatched decisions can result in forced provision of care, increasing risks of human rights violations. Generalization of this grounded theory is difficult as the research was conducted in two provinces of Indonesia. Institutional policy was important in the process of connecting care for the mentally ill in Indonesia and needs to be underpinned by legislation to protect human rights. Strengthening mental health legislation in Indonesia will allow nurses to connect care more effectively. © 2014 International Council of Nurses.

  19. European Policies to Promote Children's Rights and Combat Child Poverty.

    Science.gov (United States)

    Sandbæk, Mona

    2017-07-26

    The upbringing of children relies heavily on shared responsibilities between parents and society. The Council of Europe Recommendation (2006) 19 on Policy to Support Positive Parenting and the European Commission Recommendation (2013) Investing in Children: Breaking the Cycle of Disadvantage, both aim at supporting parents to care and provide for their children in accordance with the UN Convention on the Rights of the Child. By means of a document analysis this article examines what kind of parental practices and provision to parents the recommendations suggest to safeguard children's rights in the family. Three findings are highlighted: first, both recommendations reflect a commitment to respecting children's rights while at the same time acknowledging parents as children's primary caregivers. Second, both recognize parents' rights to work, while also recognizing the necessity of adequate income support if work is not available or income too low. Third, adequate resources are defined as a combination of universal policies and services, which guarantee a minimum level for all, and targeted measures reaching out to the most disadvantaged. The recommendations' emphasis on children and parents as partners and on the families' economic situations are valuable for future development of family and child policy and support programs.

  20. [Human dignity, human rights and bioethics: what is the connection?].

    Science.gov (United States)

    Andorno, Roberto

    2010-12-01

    Human rights are closely related to the notion of human dignity, to such a point that it is very difficult, if not impossible, to promote them without appealing, at least implicitly, to the idea that each individual has intrinsic worth simply by virtue of being human. This relationship between dignity and rights is even stronger in the field of bioethics, which deals directly with some of the most basic human rights, such as the rights to life and to physical integrity. It is therefore not by chance that the international norms relating to bioethics give a central role to the concept of human dignity. However, one should not expect from dignity more than it can offer; dignity is a "principle", not a "rule"; it embodies a fundamental value, but it alone does not determine the content of a particular decision.

  1. Climate Change, Human Rights, and Social Justice.

    Science.gov (United States)

    Levy, Barry S; Patz, Jonathan A

    2015-01-01

    The environmental and health consequences of climate change, which disproportionately affect low-income countries and poor people in high-income countries, profoundly affect human rights and social justice. Environmental consequences include increased temperature, excess precipitation in some areas and droughts in others, extreme weather events, and increased sea level. These consequences adversely affect agricultural production, access to safe water, and worker productivity, and, by inundating land or making land uninhabitable and uncultivatable, will force many people to become environmental refugees. Adverse health effects caused by climate change include heat-related disorders, vector-borne diseases, foodborne and waterborne diseases, respiratory and allergic disorders, malnutrition, collective violence, and mental health problems. These environmental and health consequences threaten civil and political rights and economic, social, and cultural rights, including rights to life, access to safe food and water, health, security, shelter, and culture. On a national or local level, those people who are most vulnerable to the adverse environmental and health consequences of climate change include poor people, members of minority groups, women, children, older people, people with chronic diseases and disabilities, those residing in areas with a high prevalence of climate-related diseases, and workers exposed to extreme heat or increased weather variability. On a global level, there is much inequity, with low-income countries, which produce the least greenhouse gases (GHGs), being more adversely affected by climate change than high-income countries, which produce substantially higher amounts of GHGs yet are less immediately affected. In addition, low-income countries have far less capability to adapt to climate change than high-income countries. Adaptation and mitigation measures to address climate change needed to protect human society must also be planned to protect

  2. APA efforts in promoting human rights and social justice.

    Science.gov (United States)

    Leong, Frederick T L; Pickren, Wade E; Vasquez, Melba J T

    2017-11-01

    This article reviews the American Psychological Association's (APA) efforts in promoting human rights and social justice. Beginning with a historical review of the conceptualizations of human rights and social justice, the social challenges that have faced the United States over time are discussed in relation to the APA's evolving mission and strategic initiatives enacted through its boards, committees, and directorates. From early efforts on the Board for Social and Ethical Responsibility in Psychology and the Board of Ethnic Minority Affairs to the establishment of the Public Interest Directorate, the APA's efforts to address these human rights and social justice challenges through its task force reports, guidelines, and policies are described. Specifically, issues related to diversity and underrepresentation of minority group members and perspective within the APA, as well as women's issues (prochoice, violence against women, sexualization of young girls, human trafficking) were central to these efforts. These minority groups included racial and ethnic minority groups; immigrants and refugees; lesbian, gay, bisexual, transgendered, and queer individuals; and those with disabilities. Later attention shifted to broader social justice challenges within a public health perspective, such as AIDS, obesity, and violence. Also included is a brief discussion of the Hoffman Report. The article ends with a discussion of future directions for the APA's efforts related to human rights and social justice related to health disparities, violent extremism, social inequality, migration, cultural and racial diversity, and an evidence-based approach to programming. (PsycINFO Database Record (c) 2017 APA, all rights reserved).

  3. Women's rights are human rights : The practice of the United Nations Human Rights Committee and the Committee on Economic, Social and Cultural Rights

    NARCIS (Netherlands)

    van Leeuwen, F.C.|info:eu-repo/dai/nl/265778646

    2009-01-01

    ‘Women’s rights are human rights!’ This notion may seem self evident, as the international system for the promotion and the protection of human rights that was installed under the auspice of the United Nations (UN) builds on the idea of equality in dignity and rights of men and women. Yet, as was

  4. Logical Relation of Human Rights and Religion

    Directory of Open Access Journals (Sweden)

    Mohammad Hossein Talebi

    2013-04-01

    Full Text Available Before establishing any kind of rights for human being, the man should be first known. The best approach to know human being is to utilize the knowledge and teachings that God has given us as the Creator of man. He knows better than anyone else the man whom He has created. This article tries to show that the Man who has (human rights is not that human being as we are used to know him by popular experimental view, but is an existent that is constantly moving on the path of absolute perfection with the aim of achieving the status of the perfect man. To prove this, at this writing, first the concept of right has been studied with an epistemological and ontological look, and look then the concepts of human and religion will be considered.and investigated. Finally, different kinds of the rights of right owners, which one of these rights is human rights, are discussed. Human rights are those rights that belong to every individual because he/she is a human being. -free framework, which has constituted the basis of mainstream conceptions of Universal Declaration of Human Rights. Criticizing the deontological view, this article defends the teleological approach toward the universality of human rights, based on contemporary philosophical hermeneutics specially Paul Ricoeur’s outlook. I argue that this approach can provide the philosophical requirements for interaction between the universality of human rights on one hand and the cultural and local contents of various societies on the other hand and offers a “thick” conception of human rights principles. قبل از اثبات هر نوع حق برای بشر باید ابتدا بشر را شناخت. بهترین شیوه شناسایی بشر استفاده از معارفی است که خدای متعال به عنوان خالق بشر در اختیار ما قرار داده است. او بهتر از هرکس بشری را که ساخته است می‌شناسد. این مقاله درصدد

  5. Iraq: Politics, Governance, and Human Rights

    Science.gov (United States)

    2014-09-15

    devoting significant resources to that plan. On April 30, 2012, the COR enacted a law to facilitate elimination of trafficking in persons, both sexual ...human rights reports have noted continuing instances of harassment and intimidation of journalists who write about corruption and the lack of government...extradite him to the United States, but Iraq released him in November 2012 and he returned to Lebanon , despite U.S. efforts to persuade Iraq to keep

  6. The Global Movement for Human Rights Education

    Directory of Open Access Journals (Sweden)

    Nancy Flowers

    2015-10-01

    Full Text Available An overview of the global movement for human rights education (HRE, its impetus, challenges, and contrasting developments in different regions of the world, focusing especially on Latin America, the Philippines, South Africa, the Middle East, and Europe. Seeks to put HRE in the USA into an international perspective, as well as to show the variety of goals that inspire HRE and how methodologies have evolved to meet specific regional and political cultures and needs.

  7. Colombian drugs policy. The dose for personal and health rights

    Directory of Open Access Journals (Sweden)

    Juan Camilo Fischer Rodríguez

    2013-07-01

    Full Text Available This article is a review of Colombian law on drugs, with special emphasis on the so-called dose for personal and health rights that relate to the use of legal or illegal drugs. A brief contextualization of international treaties on drugs is presented, as well as presenting some cases representing the current debate on trade control measures and use of illegal drugs. The article argues that in the international and Colombian debate there are no homogeneous positions, and the repressive policies towards illegal drug use coexist with approaches from the public health that point to the recognition of the rights of people who use legal or illegal substances.

  8. Public policy versus individual rights and responsibility: an economist's perspective.

    Science.gov (United States)

    Chaloupka, Frank J

    2011-09-01

    Interventions to reduce childhood obesity entail ethical considerations. Although a rationale exists for government to intervene in a way that limits individual rights while protecting the public's health, a clear economic rationale also exists. The markets for goods and services that contribute to obesity are characterized by multiple failures that create an economic rationale for government to intervene (eg, consumers' lack of accurate information regarding obesogenic foods and beverages). If effective public policies for reducing obesity and its consequences are to be developed and implemented, individual rights and government interests must be balanced.

  9. Teaching Strategy: Human Rights Around the World and at Home.

    Science.gov (United States)

    Manson, Patrick

    1998-01-01

    Presents a lesson on human rights for middle and secondary school students in which they identify human rights, cite examples of human-rights abuses and affirmations, and relate actions to the articles of the Universal Declaration of Human Rights (UDHR). Explains that students identify human-rights issues globally and at home. (CMK)

  10. The golden triangle of human dignity: human security, human development and human rights

    NARCIS (Netherlands)

    Gaay Fortman, B. de

    2004-01-01

    The success or failure of processes of democratization cannot be detached from processes of development related to the aspirations of people at the grassroots. Human rights, in a more theoretical terminology, require human development in order to enhance human security.

  11. Macro- and Micro-Political Vernaculizations of Rights: Human Rights and Abortion Discourses in Northern Ireland.

    Science.gov (United States)

    Pierson, Claire; Bloomer, Fiona

    2017-06-01

    How abortion is dealt with in law and policy is shaped through the multiple political and societal discourses on the issue within a particular society. Debate on abortion is constantly in flux, with progressive and regressive movements witnessed globally. This paper examines the translation of human rights norms into discourses on abortion in Northern Ireland, a region where abortion is highly restricted, with extensive contemporary public debate into potential liberalization of abortion law. This paper emanates from research examining political debates on abortion in Northern Ireland and contrasts findings with recent civil society developments, identifying competing narratives of human rights with regard to abortion at the macro- and micro-political level. The paper identifies the complexities of using human rights as a lobbying tool, and questions the utility of rights-based arguments in furthering abortion law reform. The paper concludes that a legalistic rights-based approach may have limited efficacy in creating a more nuanced debate and perspective on abortion in Northern Ireland but that it has particular resonance in arguing for limited reform in extreme cases.

  12. The Social and Local Construction of Human Rights. Reflections from the Perspective of the Right to Education in Mexico

    Directory of Open Access Journals (Sweden)

    Víctor Alfonzo Zertuche Cobos

    2018-05-01

    Full Text Available The present article constitutes a critical reflection on human rights from the social-legal field in Mexico. Its purpose is to provide a discussion on a current legal and institutional reality, that is, the right to education in human rights based on one of the most important constitutional reforms in recent years in the field of human rights: the reform of June 2011. This reform, by the article 1° and 3° of the Constitution, introduced a public policy (proposed to the National Development Plan 2013-2018, along with the National Human Rights Program 2014-2018 within the federal public administration whose object is to implement the teaching of human rights at the national level. In this proposal, we observe two effects, one positive and one negative, inscribed only in the institutional or official dimension of the Mexican State, from which is derived a third positive effect for the social or local sphere, that is to say, for the space where the popular sectors or cultural minorities live. Therefore, it is in this social or local sphere where the third positive effect of the national public policy would take place to rethink the counter-hegemonic and alternative use of the right to education in human rights, from where would be possible the social-local construction or reconstruction of human rights that the present and future society requires with some urgency.

  13. Pain management: a fundamental human right.

    Science.gov (United States)

    Brennan, Frank; Carr, Daniel B; Cousins, Michael

    2007-07-01

    This article surveys worldwide medical, ethical, and legal trends and initiatives related to the concept of pain management as a human right. This concept recently gained momentum with the 2004 European Federation of International Association for the Study of Pain (IASP) Chapters-, International Association for the Study of Pain- and World Health Organization-sponsored "Global Day Against Pain," where it was adopted as a central theme. We survey the scope of the problem of unrelieved pain in three areas, acute pain, chronic noncancer pain, and cancer pain, and outline the adverse physical and psychological effects and social and economic costs of untreated pain. Reasons for deficiencies in pain management include cultural, societal, religious, and political attitudes, including acceptance of torture. The biomedical model of disease, focused on pathophysiology rather than quality of life, reinforces entrenched attitudes that marginalize pain management as a priority. Strategies currently applied for improvement include framing pain management as an ethical issue; promoting pain management as a legal right, providing constitutional guarantees and statutory regulations that span negligence law, criminal law, and elder abuse; defining pain management as a fundamental human right, categorizing failure to provide pain management as professional misconduct, and issuing guidelines and standards of practice by professional bodies. The role of the World Health Organization is discussed, particularly with respect to opioid availability for pain management. We conclude that, because pain management is the subject of many initiatives within the disciplines of medicine, ethics and law, we are at an "inflection point" in which unreasonable failure to treat pain is viewed worldwide as poor medicine, unethical practice, and an abrogation of a fundamental human right.

  14. Children's rights, international human rights and the promise of ...

    African Journals Online (AJOL)

    1 INTRODUCTION. A perception exists amongst ... groups.1 The criticisms levelled against Islamic legal precepts, particularly in the aftermath of ... of Islamic legal theory pertaining to the rights of children, particularly the potential of this theory ...

  15. Human rights at work: Physical standards for employment and human rights law.

    Science.gov (United States)

    Adams, Eric M

    2016-06-01

    This review focuses on the human rights dimensions of creating and implementing physical standards for employment for prospective and incumbent employees. The review argues that physical standards for employment engage two fundamental legal concepts of employment law: freedom of contract and workplace human rights. While the former promotes an employer's right to set workplace standards and make decisions of whom to hire and terminate, the latter prevents employers from discriminating against individuals contrary to human rights legislation. With reference to applicable human rights legislative regimes and their judicial interpretation in Canada, the United States, the United Kingdom, and Australia, this review demonstrates the judicial preference for criterion validation in testing mechanisms in the finding of bona fide occupational requirements. With particular attention to the Supreme Court of Canada decision in Meiorin, this review argues that an effective balance between workplace safety and human rights concerns can be found, not in applying different standards to different groups of individuals, but in an approach that holds employers to demonstrating a sufficient connection between a uniform physical standard of employment and the actual minimum requirements to perform the job safety and efficiently. Combined with an employer's duty to accommodate, such an approach to lawful physical standards for employment conceives of worker and public safety and workplace diversity as emanating from a shared concern for human rights.

  16. Human Rights and the Political Economy of Universal Health Care

    Science.gov (United States)

    2016-01-01

    Abstract Health system financing is a critical factor in securing universal health care and achieving equity in access and payment. The human rights framework offers valuable guidance for designing a financing strategy that meets these goals. This article presents a rights-based approach to health care financing developed by the human right to health care movement in the United States. Grounded in a human rights analysis of private, market-based health insurance, advocates make the case for public financing through progressive taxation. Financing mechanisms are measured against the twin goals of guaranteeing access to care and advancing economic equity. The added focus on the redistributive potential of health care financing recasts health reform as an economic policy intervention that can help fulfill broader economic and social rights obligations. Based on a review of recent universal health care reform efforts in the state of Vermont, this article reports on a rights-based public financing plan and model, which includes a new business tax directed against wage disparities. The modeling results suggest that a health system financed through equitable taxation could produce significant redistributive effects, thus increasing economic equity while generating sufficient funds to provide comprehensive health care as a universal public good. PMID:28559677

  17. The Right to Freedom of Association in the Workplace: Australia's Compliance with International Human Rights Law

    OpenAIRE

    Hutchinson, Zoé

    2010-01-01

    The right to freedom of association in the workplace is a well established norm of international human rights law. However, it has traditionally received insubstantial attention within human rights scholarship. This article situates the right to freedom of association at work within human rights discourses. It looks at the status, scope and importance of the right as it has evolved in international human rights law. In so doing, a case is put that there are strong reasons for states to comply...

  18. ‘Gay Rights are Human Rights: The framing of new interpretations of international human rights norms’

    NARCIS (Netherlands)

    Holzhacker, Ron

    The purpose of this chapter is to explore the development of the framing of the rights of lesbian, gay, bisexual, and transgender (LGBT) persons and sexual orientation and gender identity in terms of a human rights paradigm. This decades-long process involved many actors, from within academia, gay

  19. ‘Gay Rights are Human Rights: The framing of new interpretations of international human rights norms’

    NARCIS (Netherlands)

    Holzhacker, Ron

    2014-01-01

    The purpose of this chapter is to explore the development of the framing of the rights of lesbian, gay, bisexual, and transgender (LGBT) persons and sexual orientation and gender identity in terms of a human rights paradigm. This decades-long process involved many actors, from within academia, gay

  20. It is our land. Human rights and land tenure reform in Namaqualand, South Africa

    OpenAIRE

    Wisborg, Poul

    2006-01-01

    ‘It is our land’: Human rights and land tenure reform in Namaqualand, South Africa Secure access to resources is a universal condition of human well-being and is of considerable concern in contemporary human rights discourse, though often neglected in policy and practice. In this respect the South African constitutional guarantees and policies concerning land reform are of wide interest. The main goal of this study is to contribute to the theoretical and empirical understanding of la...

  1. Implementing the Policy of the U.N. Declaration on the Rights of Indigenous Peoples

    Directory of Open Access Journals (Sweden)

    Roxanne T. Ornelas

    2014-04-01

    Full Text Available On September 13, 2007, the United Nations General Assembly voted to adopt the Declaration on the Rights of Indigenous Peoples (UNDRIP. This was an historic event as work on UNDRIP had been ongoing for 30 years before its passage. Today, UNDRIP provides a framework for addressing human rights protections for Indigenous peoples globally. This article examines the significance of UNDRIP as a public policy tool for developing national policy to support future resource and land management consultations that are based on free, prior, and informed consent.

  2. Human rights abuses and concerns about women's health and human rights in southern Iraq.

    Science.gov (United States)

    Amowitz, Lynn L; Kim, Glen; Reis, Chen; Asher, Jana L; Iacopino, Vincent

    2004-03-24

    Although human rights abuses have been reported in Iraq, the full scope of these abuses has not been well documented. To assess the prevalence of human rights abuses since 1991 in southern Iraq, along with attitudes about women's health and human rights and women's rights and roles in society, to inform reconstruction and humanitarian assistance efforts in Iraq. Cross-sectional, randomized survey of Iraqi men and women conducted in July 2003 using structured questionnaires. Three major cities in 3 of the 9 governorates in southern Iraq. A total of 1991 respondents representing 16 520 household members. Respondent demographics, information on human rights abuses that occurred among household members since 1991, women's health and human rights, opinions regarding women's rights and roles in society, and conditions for community health and development. Respondents were a mean age of 38 years and were mostly of Arab ethnicity (99.7% [1976/1982]) and Muslim Shi'a (96.7% [1906/1971]). Overall, 47% of those interviewed reported 1 or more of the following abuses among themselves and household members since 1991: torture, killings, disappearance, forced conscription, beating, gunshot wounds, kidnappings, being held hostage, and ear amputation, among others. Seventy percent of abuses (408/586) were reputed to have occurred in homes. Baath party regime-affiliated groups were identified most often (95% [449/475]) as the perpetrators of the abuses; 53% of the abuses occurred between 1991 and 1993, following the Shi'a uprising, and another 30% between 2000 and the first 6 months of 2003. While the majority of men and women expressed support for women's equal opportunities for education, freedom of expression, access to health care, equality in deciding marriage and the number and spacing of children, and participation in community development decisions, there was less support among both men and women for women's freedom of movement, association with people of their choosing, and

  3. Human Rights and the Excess of Identity

    Science.gov (United States)

    Al Tamimi, Yussef

    2017-01-01

    Identity is a central theme in contemporary politics, but legal academia lacks a rigorous analysis of this concept. The aim of this article is twofold: (i) firstly, it aims to reveal presumptions on identity in human rights law by mapping how the European Court of Human Rights approaches identity and (ii) secondly, it seeks to analyse these presumptions using theoretical insights on identity. By merging legal and theoretical analysis, this article contributes a reading of the Court’s case law which suggests that the tension between the political and apolitical is visible as a common thread in the Court’s use of identity. In case law concerning paternity, the Court appears to hold a specific view of what is presented as an unquestionable part of identity. This ostensibly pre-political notion of identity becomes untenable in cases where the nature of an identity feature, such as the headscarf, is contended or a minority has adopted a national identity that conflicts with the majoritarian national identity. The Court’s approach to identity in such cases reflects a paradox that is inherent to identity; identity is personal while simultaneously constituted and shaped by overarching power mechanisms. PMID:29881144

  4. The Human Right to Water in Law and Implementation

    Directory of Open Access Journals (Sweden)

    Norbert Brunner

    2015-08-01

    Full Text Available Recent concerns about alleged insufficient water provision to the poor in Detroit, USA, has put the Human Right to Water (HRW into the international discussion. The paper asks: “To what extent did international human rights treaties make HRW judiciable?” and “How did government policies implement it?” In a cross-country comparison of performance indicators, merely accepting HRW has not been helpful in promoting affordable access to potable water or sanitation facilities close to the home, amongst the reasons being deficiencies in water-governance. Case-law confirmed that with respect to affordable access HRW obliges governments to a “progressive realization” only, also in countries accepting HRW (India, South Africa. The paper focuses on the resulting positive state obligation to establish funding programs for better water and sanitation services and analyzes funding policies by a mathematical model of policy goals. It identifies two viable goals namely the successful support for the poor, as in developing countries, and the most economic use of public funds, as in industrialized countries. Other goals conceivable for the model have been tried in the past and failed.

  5. Human dignity and human rights in bioethics: the Kantian approach.

    Science.gov (United States)

    Rothhaar, Markus

    2010-08-01

    The concept of human dignity plays an important role in the public discussion about ethical questions concerning modern medicine and biology. At the same time, there is a widespread skepticism about the possibility to determine the content and the claims of human dignity. The article goes back to Kantian Moral Philosophy, in order to show that human dignity has in fact a determinable content not as a norm in itself, but as the principle and ground of human rights and any deontological norms in biomedical ethics. When it comes to defining the scope of human dignity, i.e., the question which entities are protected by human dignity, Kant clearly can be found on the "pro life"-side of the controversy. This, however, is the result of some specific implications of Kant's transcendental approach that may be put into question.

  6. Health and Human Rights: New challenges for social responsiveness

    Directory of Open Access Journals (Sweden)

    Leslie London

    2009-11-01

    Full Text Available South Africa’s struggle against apartheid discrimination, including struggles in the health sector, laid the basis for a vibrant engagement of staff and students in human rights research, teaching and outreach in the Health Sciences Faculty at the University of Cape Town (UCT. This article provides a brief overview of this background context, then shows how this engagement has continued with new challenges emerging in the post-apartheid democratic period. Teaching at undergraduate and postgraduate levels has been complemented by a programme of ‘Training the Trainers’ in health and human rights. The programme targets teachers of health professionals at institutions in South and Southern Africa, resulting in national adoption of human rights competencies as an essential component of health professionals’ skills base. Research has also extended lessons learnt from the apartheid period into work with vulnerable groups, such as rural farm workers and the deaf, and seeks to build the capacity of marginal populations to change the conditions of their vulnerability in order to realize their rights. Partnerships with civil society organisations have been a strong thread, creating new knowledge and new ways of joint work towards realizing the right to health, including advocacy engagement in civil society movements and regional networks. Further, a focus on health professionals’ practice, in terms of dealing with potential dual loyalty conflicts and their role as gatekeepers in the health services on matters of patients’ rights, has shaped the research agenda. This article illustrates how knowledge production for the public good extends beyond notions of enhancing economic productivity for national development and provides a base for transdisciplinary and transinstitutional engagement. Additionally, non-traditional forms of knowledge networking and transfer have also been explored, including engagement with policy-makers and health managers

  7. Editorial: Technology, Policy, and the Right to Education

    Directory of Open Access Journals (Sweden)

    Barbara Spronk

    2008-02-01

    Full Text Available On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights. Article 26 of that declaration deals with the right to education. Its three clauses are: 1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. 2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. 3. Parents have a prior right to choose the kind of education that shall be given to their children.Almost 60 years have passed since this declaration. In that time, distance education has emerged as a way of extending educational opportunities to those for whom poverty, remote location, gender, disability, or dislocation has made education more of a luxury than a right, especially in the world’s poverty zones. At basic and secondary levels, open schools and classrooms are using distance education approaches to help universalize primary education and make secondary education at least a possibility for those who would otherwise become permanent school leavers (cf. Yates & Bradley, 2000, and Bradley, 2003. Perraton estimated that as many as 20 per cent of university students in developing countries were studying at a distance, compared with 12 per cent in industrialized countries (2000. Those percentages, no doubt, are considerably higher today. Nonetheless, 72 million children remain out of school, one in five adults is without basic literacy skills, and many pupils leave school without

  8. Human Rights and Wrongs in Iran's Drug Diplomacy with Europe

    DEFF Research Database (Denmark)

    Christensen, Janne Bjerre

    2017-01-01

    Europe has a strong interest in and a history of assisting Iran in controlling inflows of drugs from Afghanistan. But due to Iran's increasing use of the death penalty in drug trafficking cases, Europe has terminated its cooperation. Based on interviews with Iranian policy......-makers and representatives of both human rights organizations and the United Nations Office on Drugs and Crime (UNODC), this article presents Denmark's withdrawal of drug control funding in 2013 as a case study, analyzing the dilemmas and trajectories of joint Iranian-European drug diplomacy and the prospects...

  9. From the rights of man to the human rights: Man - nation - humanity

    Directory of Open Access Journals (Sweden)

    Zaharijević Adriana

    2008-01-01

    Full Text Available The insistence on the fact that human rights and the rights of man (codified in The Universal Declaration of Human Rights and Declaration of the Rights of Man and of the Citizen, respectively are not one and the same, which could be deduced from the notion of man common to both terms, is the key thesis of this text. By developing this motive, I try to determine the following: that the notion of man, by definition inclusive and abstractly non-discriminative term, is in fact established on tacit exclusions in the time of its inception (Enlightenment revolutinary era, and it was only upon these exclusions that the term man could have signified "the free and equal". Although the parallel or simultaneous evolution and implementation of the rights of man and national rights might seem contradictory, I seek to demonstrate that this paradox is only ostensible, arguing that the notion of man is itself limited and exclusionary, and is therefore compatible with the exclusivity which is the conditio sine qua non of nation. The consequences of nationalism - World Wars, primarily - proved that the conception of liberty and equality, based on the conception of fraternity of men (white European males, and of partial democracy pretending to be universal, cannot be maintained any further. Codification of universal human rights represents a reaction to this internal discrepancy inasmuch as it is a reaction to the destructiveness of all kinds of nationalisms. The notion of life, developed in this text, corresponds to the fundamental requirement for the right to life (as the first and the most basic of all human rights, which no longer belongs to "man", but to everyone.

  10. Corporate Social Responsibility and Human Rights

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2006-01-01

    rather than public regulation. The UN Global Compact and the UN Norms on human rights responsibilities for transnational and other corporations are discussed as examples of changes in international UN based regulation of corporations in relation to CSR topics, and as examples of network governance......Taking its point of departure in the aims of the United Nations, the article discusses challenges to international law making and the UN in the relatively immediate future in view of the increasing role and influence of corporations. This is done addressing challenges posed by globalisation......, in particular with regard to the appropriateness of past and present ideas of duty holders, modes of regulation, and law making, to deliver the aims of the UN; International law making and actors in this process; and a changing character of law and legal regulation, towards deregulation and private regulation...

  11. Reexamining workers' compensation: a human rights perspective.

    Science.gov (United States)

    Boden, Leslie I

    2012-06-01

    Injured workers, particularly those with more severe injuries, have long experienced workers' compensation systems as stressful and demeaning, have found it difficult to obtain benefits, and, when able to obtain benefits, have found them inadequate. Moreover, the last two decades have seen a substantial erosion of the protections offered by workers' compensation. State after state has erected additional barriers to benefit receipt, making the workers' compensation experience even more difficult and degrading. These changes have been facilitated by a framing of the political debate focused on the free market paradigm, employer costs, and worker fraud and malingering. The articles in this special issue propose an alternate framework and analysis, a human rights approach, that values the dignity and economic security of injured workers and their families. Copyright © 2012 Wiley Periodicals, Inc.

  12. Human Rights and Religion in the English Secondary RE Curriculum

    Science.gov (United States)

    Bowie, Robert

    2011-01-01

    The relationship between religion and human rights is an ambiguous and complex one, but there are academic, moral and political arguments for the inclusion of human rights in religious education (RE). The Universal Declaration of Human Rights advocates education in human rights and the English school curriculum aims to encourage a commitment to…

  13. The Universal Declaration of Human Rights - Only a Foundation.

    Science.gov (United States)

    Reichert, Elisabeth

    2002-01-01

    Explains provisions contained within the Universal Declaration of Human Rights, tracing historical beginnings of human rights to 1945, detailing events after 1945 up to the adoption of the Universal Declaration of Human Rights by the United Nations, and explaining essential terminology used in describing human rights instruments that have been…

  14. The Value of Mainstreaming Human Rights into Health Impact Assessment

    Science.gov (United States)

    MacNaughton, Gillian; Forman, Lisa

    2014-01-01

    Health impact assessment (HIA) is increasingly being used to predict the health and social impacts of domestic and global laws, policies and programs. In a comprehensive review of HIA practice in 2012, the authors indicated that, given the diverse range of HIA practice, there is an immediate need to reconsider the governing values and standards for HIA implementation [1]. This article responds to this call for governing values and standards for HIA. It proposes that international human rights standards be integrated into HIA to provide a universal value system backed up by international and domestic laws and mechanisms of accountability. The idea of mainstreaming human rights into HIA is illustrated with the example of impact assessments that have been carried out to predict the potential effects of intellectual property rights in international trade agreements on the availability and affordability of medicines. The article concludes by recommending international human rights standards as a legal and ethical framework for HIA that will enhance the universal values of nondiscrimination, participation, transparency and accountability and bring legitimacy and coherence to HIA practice as well. PMID:25264683

  15. Human rights, global trade and moral values

    Directory of Open Access Journals (Sweden)

    Rahim Dehgan Simkani

    2016-04-01

    Full Text Available Today, immoralities and prevalence of injustice and corruption on the one hand, and dissatisfaction of the world people due to not considering their natural rights on the other hand, show that there are certain problems in the foundations of human rights and declining of moral values. This article tries to show a weakening trend for moral values and human rights in practice, in the process of globalization and especially global trade, which today has a major impact on cultures. For this purpose, in the first part, in addition to studying the concept of human rights, the status of moral values in the intellectual foundations of the Declaration of Human Rights would investigated. In the second part, in addition to explaining the global trade, it shows that there is a decline trend in the moral values in the capitalist economy; and finally, in the third part, in addition to explaining the principles of human rights, the reasons for the weakening of moral values and not regarding human rights in practical consideration, recognized as having problems in the theoretical principles of Universal Declaration of Human Rights, including relying on secularist worldview and humanist ideas. امروزه بی‌اخلاقی‌ها و رواج ظلم و فساد از یک طرف و نارضایتی مردمان جهان مبنی بر عدم دستیابی به حقوق طبیعیشان از طرف دیگر، نشانگر وجود مشکلات خاصی در مبانی حقوق بشر و رو به ضعف رفتنِ ارزش‌های اخلاقی است. این مقاله در پی آن است تا روند رو به ضعف ارزش‌های اخلاقی و حقوق‌بشر در مقام عمل را در فرآیند جهانی شدن و خصوصاً تجارت جهانی که امروزه بر تمام فرهنگ‌ها تأثیرات خاص خود را گذاشته است، نشان دهد. بدین منظور در بخش اوّل ضمن بررسی مفهوم

  16. The Ebola Virus and Human Rights Concerns in Africa

    African Journals Online (AJOL)

    AJRH Managing Editor

    2015-09-03

    Sep 3, 2015 ... Keywords: Ebola, Public Health, human right. Résumé ... Mots clé : Ebola, de santé publique, droit humain. Introduction ... public health and human rights. This article .... Political Rights (ICCPR)21 and the International.

  17. Human Rights Education before the Challenges of the Emerging Human Rights of the 21st Century

    OpenAIRE

    Gloria Ramirez

    2006-01-01

    This article examines Human Rights Education vis-a-vis the challenges of the emerging human rights of the 21st century. It discusses the difficult situation of HRE in the uncertain and insecure times of globalization and permanent violence particularly after the September 11 attacks. In spite of these unfavorable circumstances, it can be concluded that HRE has gained ground in the agenda of NGO´s to become a demand formulated hand in hand with the fight for democracy and peace. Due to the fac...

  18. Non-communicable diseases and human rights: Global synergies, gaps and opportunities.

    Science.gov (United States)

    Ferguson, Laura; Tarantola, Daniel; Hoffmann, Michael; Gruskin, Sofia

    2017-10-01

    The incorporation of human rights in health policy and programmes is known to strengthen responses to health problems and help address disparities created or exacerbated by illness yet this remains underexplored in relation to non-communicable diseases (NCDs). Aiming to understand existing synergies and how they might be further strengthened, we assessed the extent to which human rights are considered in global NCD policies and strategies and the degree of attention given to NCDs by select United Nations human rights mechanisms. Across global NCD policies and strategies, rhetorical assertions regarding human rights appear more often than actionable statements, thus limiting their implementation and impact. Although no human rights treaty explicitly mentions NCDs, some human rights monitoring mechanisms have been paying increasing attention to NCDs. This provides important avenues for promoting the incorporation of human rights norms and standards into NCD responses as well as for accountability. Linking NCDs and human rights at the global level is critical for encouraging national-level action to promote better outcomes relating to both health and human rights. The post-2015 development agenda constitutes a key entry point for highlighting these synergies and strengthening opportunities for health and rights action at global, national and local levels.

  19. Integrated human rights and poverty eradication strategy: the case of civil registration rights in Zimbabwe.

    Science.gov (United States)

    Musarandega, Reuben

    2009-01-01

    High poverty levels characterise sub-Saharan Africa, Zimbabwe included. Over 80 per cent of Zimbabwe's population lived below the total consumption poverty line and 70 per cent below the food poverty line in 2003. This plummeting of social indicators resulted from the freefall suffered by the country's economy from the 1990s, after unsuccessful attempts to implement structural adjustment programmes prescribed by international financial institutions. The ensuing socioeconomic decay, political crisis and international isolation of the country from the late 1990s reversed gains made in social indicators during the 1980s. Development theories attribute poverty to unchecked population growth, political, economic and environmental mismanagement, while developing countries' leaders attribute it to historical imbalances and global political and economic injustices. Despite this debate, poverty continues to evolve, expand and deepen and the need to eradicate it has become urgent. The complex question of what causes and what drives poverty is perpetually addressed and new ideas are emerging to answer the question. One recent view is that failure to centre development on people and to declare poverty a violation of human rights has allowed poverty to grow the world over. This study uses a hypothesised cause of poverty - civil registration - to exemplify the human right nature of poverty, and how a human rights' policy can be used as an instrument to eradicate poverty. The study demonstrates that civil registration is a right of instrumental relevance to poverty; and achieving civil registration grants people access to numerous other rights, some of which will lift them out of poverty, while the failure of civil registration deprives people of access to livelihoods, thereby entrenching them in poverty.

  20. Foundations of Human Rights: The Unfinished Business

    Directory of Open Access Journals (Sweden)

    Mary Ann Glendon

    2010-03-01

    Full Text Available Reviewing the discussions on the foundations of human rights that took place in the U.N.'s first Human Rights Commission to draft the 1948 Universal Declaration of Human Rights, the author points out that the Commissioners, due to the situation at that time, had few discussions on the foundations of human rights and left the problem of foundations for another day. She rejects the idea that the Universal Declaration is western believing that all effective cultures in the world had a creative hand in the shaping of the document. The article then answers the question that how there can be universal rights in diverse cultures. It continues to explain the derby to deconstruct the Declaration and in the end concludes that the challenge of the Declaration is its incoherence and the different meanings and interpretations of human “dignity”. s but also seriously damage the hard gained doctor-patient trust and the historical honor of their profession. Within the law and justice system in practice in the Islamic Republic of Iran, fee splitting in considered unacceptable and illegal and fee splitters may be pursued by law. The same is true in different societies and most medical councils and accepted ethical codes and guidelines. It is clearly stated in the fifth paragraph of the medical affidavit vowed by all Iranian medical students and doctors that fee splitting is considered amoral and even illegal and that healthcare and medical practices are not to be used as a means of gathering wealth for oneself. All Islamic religious leaders have also questioned the lawfulness of money and wealth earned by fee splitting. The act of fee splitting is also recognized as unethical and unlawful in the guidelines and codes affected by universal medicine societies. نویسنده در این مقاله با مرور مباحث صورت گرفته در باره مبانی حقوق بشر، در کمیسیون تدوین کننده پیش نویس اعلامیه

  1. “GAY RIGHTS ARE HUMAN RIGHTS”: : THE FRAMING OF NEW INTERPRETATIONS OF INTERNATIONAL HUMAN RIGHTS NORMS

    NARCIS (Netherlands)

    Holzhacker, Ron

    2014-01-01

    “Gay Rights are Human Rights” may have begun as a slogan chanted in the street, but academics and human rights organizations began to use the international human rights frame systematically in the 1990s to argue for universal human rights to fully apply to LGBT persons. This framing gradually began

  2. Andrei Sakharov Prize: Human Rights and Peace - A Personal Odyssey

    Science.gov (United States)

    Lerman, Zafra

    2016-03-01

    For more than 30 years, I have devoted my life to promoting scientific freedom and human rights around the world. This devotion led me to put pressure on the American Chemical Society (ACS) to become active in the fight for human rights. Due to this pressure, in 1986, ACS established the Subcommittee on Scientific Freedom and Human Rights, which I chaired since its' inception for over 25 years. In 1988, I met with Andrei Sakharov who advised me to never stop pressuring governments or organizations that abuse human rights. Based on his council, I took a crash course in Russian before traveling to the Soviet Union several times to meet with dissidents, despite the risk to my own safety. After the Tiananmen Square incident in 1989, I worked diligently on the issue of human rights in China. Traveling often to work on the release of pro-democracy prisoners, I met with several dissidents of China, including physicist Xu Liangying who was under house arrest. In my lecture, I will discuss additional cases of my fight for human rights. After 9/11/2001, I expanded my work on scientific freedom and human rights to the Middle East by organizing the Malta Conferences, which use science for diplomacy and as a bridge to peace. These conferences bring together scientists from 15 Middle East countries including Iran, Iraq, Syria, Israel, Palestine, Jordan, etc. with 6 Nobel Laureates to work for 5 days on solving regional problems. Although acts of war and terrorism have destabilized the political and economic climate in the Middle East, the Malta Conferences have made it possible for scientists from countries that are on the opposing sides of political and cultural conflicts to meet in a politically neutral environment. There they can work to forge relationships that bridge the deep chasms of mistrust and intolerance. Scientists who normally don't have the opportunity to speak with one another are able to discuss their research and issues of mutual concern. In a time when the

  3. Human Ecology: Acid Rain and Public Policy.

    Science.gov (United States)

    Bybee, Rodger W.

    1983-01-01

    A connection between science and society can be seen in the human and ecological dimensions of one contemporary problem: acid rain. Introduces a human ecological theme and relationships between acid rain and public policy, considering scientific understanding and public awareness, scientific research and public policy, and national politics and…

  4. Sexual and reproductive health and rights of older men and women: addressing a policy blind spot.

    Science.gov (United States)

    Aboderin, Isabella

    2014-11-01

    Global debate on required policy responses to issues of older persons has intensified over the past 15 years, fuelled by a growing awareness of the rapid ageing of populations. Health has been a central focus, but scrutiny of global policies, human rights instruments and reports reveals that just as older people are excluded from sexual and reproductive health and rights agendas, so are issues of sexual and reproductive health and rights wholly marginal to current agendas focused on older people. A critical question is whether the policy lacuna reflects a dearth of research evidence or a faulty translation of existing knowledge. A reading of the current research landscape and literature, summarised in this paper, strongly suggests it is the former. To be sure, sexuality in old age is a burgeoning field of scientific inquiry. What the existing knowledge and discourse fail to provide is an engagement with, and elucidation of, the broader sexual and reproductive health and rights agenda as it relates to older persons. A concerted research effort is needed to provide a basis for developing policy guidance and for pinpointing essential indicators and establishing necessary data systems to enable a routine tracking of progress. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  5. Forced migration: health and human rights issues among refugee populations.

    Science.gov (United States)

    Lori, Jody R; Boyle, Joyceen S

    2015-01-01

    Undocumented migration is a global phenomenon that is manifest in diverse contexts. In this article, we examine the situations that precipitate the movement of large numbers of people across several African countries, producing a unique type of undocumented migrant--the refugee. These refugee movements impact already fragile African health care systems and often involve human rights violations that are of particular concern, such as gender-based violence and child soldiers. We use examples from several countries in sub-Saharan Africa, including the Democratic Republic of the Congo, Rwanda, Liberia, Sierra Leone, and Mozambique. Drawing on key documents from the United Nations High Commissioner for Refugees, current research, and our personal international experiences, we provide an overview of forced migration and discuss implications and opportunities for nurses to impact research, practice, and policy related to refugee health. Copyright © 2015 Elsevier Inc. All rights reserved.

  6. We "Must" Integrate Human Rights into the Social Studies.

    Science.gov (United States)

    O'Brien, Ed

    1999-01-01

    Asserts that educators need to teach about human rights issues, such as social and economic rights, in the social studies curriculum because these issues are disregarded throughout the country. Defines human rights, discusses the importance of the Universal Declaration of Human Rights (UDHR), and provides two lessons. (CMK)

  7. The Human Right to Equal Access to Health Care

    NARCIS (Netherlands)

    M. San Giorgi (Maite)

    2012-01-01

    textabstractThe right to equal access to health care is a fundamental principle that is part of the human right to health care. For victims of a violation of the human right to equal access to health care it is important that a judicial or quasi-judicial human rights body can adjudicate their

  8. Human right education and the Nigerian child: implications for ...

    African Journals Online (AJOL)

    This paper examines the concept of human right to education as listed in Article 26 of the United Nations Declaration of Human Rights of December 1948. Human right is viewed as natural or moral law which has the force of conscience. The declaration is directed at the right to formal Western education in Nigeria, rather ...

  9. The curious absence of human rights:

    African Journals Online (AJOL)

    LAW

    programmes around pharmaceutical companies' discount schemes. ...... Defrancesco “Exclusion, inclusion, and enclosure: historical commons and modern ..... be considered when establishing an IP policy (IIM/1/6 para 56); Chile noting the.

  10. The object of "Rights" : third world women and the production of global human rights discourse

    OpenAIRE

    Hua, Julietta Y.

    2006-01-01

    The US "women's rights as human rights" doctrine continues to represent campaigns for international women's rights through the stories and images of Asian, African, and Latin American women. As both the idea of global human rights, and the place of women within the context of international human rights discourse become more powerful in framing a U.S. national identity, it seems that only certain issues (located in Other places that are always assumed to be "behind") come to define the US wome...

  11. Public humanization policies: integrative literature review.

    Science.gov (United States)

    Moreira, Márcia Adriana Dias Meirelles; Lustosa, Abdon Moreira; Dutra, Fernando; Barros, Eveline de Oliveira; Batista, Jaqueline Brito Vidal; Duarte, Marcella Costa Souto

    2015-10-01

    The study aimed to investigate the scientific literature on Public Humanization Policies, available in online periodicals, from 2009 to 2012, in the health field. This is an integrative literature review conducted in the Virtual Health Library databases: Latin-America and Caribbean Health Sciences (Lilacs) and the Scientific Electronic Library Online (SciELO) and Portal Capes. Data were collected in July 2013. To this end, the following Health Sciences Descriptors (DeCS) were used: "Humanization of Care," "Public Policies," "National Humanization Policy". The sample consisted of 27 articles about the investigated theme. From the publications selected for the research, three categories emerged according to their respective approaches: National Human-ization Policy: history and processes involved in its implementation; National Humanization Policy: health professionals contribution; Humanization and in the care process. The study showed that the National Humanization Policy is an important benchmark in the development of health practices. For this reason, there is a pressing multiplication of related reflections on ways to promote human-ization in health services.

  12. The Right of the Child to Information: The Role of Public Libraries in Human Rights Education.

    Science.gov (United States)

    Koren, Marian

    Information and education are crucial for child development. The child's right to information and education protect human values and the human dignity of the child. Formal and non-formal forms of education by parents, friends, schools, and libraries should be based on human rights. The United Nations (UN) Convention on the Rights of the Child…

  13. The Human Right to Leisure in Old Age: Reinforcement of the Rights of an Aging Population.

    Science.gov (United States)

    Karev, Iris; Doron, Israel Issi

    2017-01-01

    The right to leisure is recognized as a human right under the 1948 United Nations Universal Declaration of Human Rights. The actual meaning and material content of this human right is subject to debate. The aim of this study is to examine the extent and the context to which this human right is specifically recognized with regard to older persons. Methodologically, this study textually analyzed 17 different international older persons' human rights documents. The findings reveal that in the majority of these documents there is no reference to the right to leisure. In the remaining documents, the right to leisure is mostly referred to indirectly or in a narrow legal construction. These findings support the notion that despite the growing body of knowledge regarding the importance of meaningful leisure in old age-and its empowering and anti-ageist nature-this knowledge has not transformed into a legal human rights discourse.

  14. The Pan American Health Organization and the mainstreaming of human rights in regional health governance.

    Science.gov (United States)

    Meier, Benjamin Mason; Ayala, Ana S

    2014-01-01

    In the absence of centralized human rights leadership in an increasingly fragmented global health policy landscape, regional health offices have stepped forward to advance the rights-based approach to health. Reviewing the efforts of the Pan American Health Organization (PAHO), this article explores the evolution of human rights in PAHO policy, assesses efforts to mainstream human rights in the Pan American Sanitary Bureau (PASB), and analyzes the future of the rights-based approach through regional health governance, providing lessons for other regional health offices and global health institutions. This article explores PAHO's 15-year effort to mainstream human rights through PASB technical units, national capacity-building, the Inter-American human rights system, and the PAHO Directing Council. Through documentary analysis of PAHO policies and semi-structured interviews with key PASB stakeholders, the authors analyze the understandings and actions of policymakers and technical officers in implementing human rights through PAHO governance. Analyzing the themes arising from this narrative, the authors examine the structural role of secretariat leadership, state support, legal expertise, and technical unit commitment in facilitating a rights-based approach to the health in the Americas. Human rights are increasingly framing PAHO efforts, and this analysis of the structures underlying PAHO's approach provides an understanding of the institutional determinants of the rights-based approach to health, highlighting generalizable themes for the mainstreaming of human rights through regional health governance. With this regional-level understanding of health governance, future national-level research can begin to understand the causal forces linking regional human rights work with national policy reforms and public health outcomes. © 2014 American Society of Law, Medicine & Ethics, Inc.

  15. Legal Policy Of Peoples Rights In Around Mining Corporate Post-Mining Activities

    Directory of Open Access Journals (Sweden)

    Teng Berlianty

    2015-08-01

    Full Text Available This study aims to gain an understanding of the essence of the rights of communities around post-mining corporate responsibility towards the fulfillment of the rights of communities around post-mining as well as government policies to protect the sustainability of the post-mining communities around the mining business. This type of research is a normative legal research methods using primary legal materials secondary and tertiary. With the approach of sociolegal through down the field in Gebe to get data concrete. Data were analyzed with qualitative analysis. The results showed that the essence of the rights of communities around mining operations after the mine in the form of the right to a decent life welfare the right to social security in the form of employment the guarantee of free education and healthcare for the local population as well as the right to a good environment and healthy as a guarantee of the continuity of human existence and future generations. These rights have not been fully realized post-mining. Corporate responsibility in accordance with Article 74 of Law No. 40 of 2007 on the fulfillment of the rights of communities around mining operations after the mine in the form of welfare responsibilities clothing food and shelter especially electricity and water have not been met then the social responsibility to empower communities around the mine as stakeholders as well as environmental responsibility. Legal policy such as the empowerment of communities around the mine in order to be self-sufficient after the post-mining public service policies in education and health as a form of existence of government using existing programs nationally and subordinate to the PT. Antam. as well as environmental protection policies in the form of post-mining reclamation formulated in the companys liabilities.

  16. Cultural Diversities and Human Rights: History, Minorities, Pluralization

    Directory of Open Access Journals (Sweden)

    EDUARDO J. RUIZ VIEYTEZ

    2014-12-01

    Full Text Available Cultural diversity plays today a prominent role in the updating and developing of human rights. Past developments in the protection of rights have essentially forgotten the democratic management of cultural and identity-based diversity. States have stifled the main developments of the rights and constrained them to partial views in favour of the majority or dominant groups in each country. The current context of regional progressive integration and social diversification within each state agrees on the need to address the adequacy of systems for the protection of rights from different strategies to the context of multiculturalism. Against the process of "nationalization of rights" it is necessary to adopt a strategy for pluralization. On the one hand, the concept of minority has to be given its corresponding importance in both international and domestic law. On the other hand, different kind of policies and legal instruments for the accommodation of diversity can be identified and used to foster this necessary process of pluralization.

  17. Interpreting the International Right to Health in a Human Rights-Based Approach to Health

    OpenAIRE

    Hunt, Paul

    2016-01-01

    Abstract This article tracks the shifting place of the international right to health, and human rights-based approaches to health, in the scholarly literature and United Nations (UN). From 1993 to 1994, the focus began to move from the right to health toward human rights-based approaches to health, including human rights guidance adopted by UN agencies in relation to specific health issues. There is a compelling case for a human rights-based approach to health, but it runs the risk of playing...

  18. Human Rights and Transitional Societies: Contemporary Challenges

    DEFF Research Database (Denmark)

    Hansen, Thomas Obel

    2008-01-01

    generally, asserts how Judicial Defenders may have contributed to justice in other ways in post conflict Rwanda. The author argues that an efficient transitional justice policy must take sufficiently into account the context of the society in question, and aim at establishing linkages between justice...

  19. Human Rights and Cohen's Anti-Statism

    DEFF Research Database (Denmark)

    Lippert-Rasmussen, Kasper

    2014-01-01

    G. A. Cohen's critique of standard liberal interpretations of the difference principle has been very influential. According to Cohen, justice is not realized simply because the state's tax policies and other distributive tools maximize the position of the worst off. Rather - possibly in addition to...

  20. An Overview of Human Rights and Intellectual Property Protection

    Directory of Open Access Journals (Sweden)

    Maysa Said Bydoon

    2016-12-01

    Full Text Available The purpose of this article is to discuss the legal framework of human rights and intellectual property in terms of state obligations to afford a protection for both human rights and intellectual property. The relationship between intellectual property and human rights, under bilateral, regional and multilateral treaties, is a matter of concern. In focusing on the relationship between intellectual property and human rights, this article argues that there are many challenges on the wide use of Intellectual property rights that given possible conflict between intellectual property and human rights.

  1. Australian asylum policies: have they violated the right to health of asylum seekers?

    Science.gov (United States)

    Johnston, Vanessa

    2009-02-01

    Notwithstanding recent migration policy amendments, there is concern that Australian asylum policies have disproportionately burdened the health and wellbeing of onshore asylum seekers. There may be a case to be made that Australian governments have been in violation of the right to health of this population. The objective of this paper is to critically examine these issues and assess the implications for public health practice. The author undertook a review of the recent empirical literature on the health effects of post-migration stressors arising from Australian policies of immigration detention, temporary protection and the restriction of Medicare to some asylum seekers. This evidence was examined within the context of Australia's international law obligations. Findings reveal that Australian asylum policies of detention, temporary protection and the exclusion of some asylum seekers from Medicare rights have been associated with adverse mental health outcomes for this population. This is attributable to the impact of these policies on accessing health care and the underlying determinants of health for asylum seekers. It is arguable that Australian Governments have been discriminating against asylum seekers by withholding access on the grounds of their migration status, to health care and to the core determinants of health in this context. In so doing, Australia may have been in violation of its obligation to respect the right to health of this population. While the 'right to health' framework has much to offer public health, it is an undervalued and poorly understood discipline. The author argues for more education, research and advocacy around the intersection between heath and human rights.

  2. The Functions of Selected Human Rights Institutions and Related Role-Players in the Protection of Human Rights in Zimbabwe

    Directory of Open Access Journals (Sweden)

    Howard Chitimira

    2016-12-01

    Full Text Available Various violations of the human rights of ordinary people and human rights defenders have been reported in Zimbabwe since the late 1980s. It is widely acknowledged that such violations have been perpetrated mostly by the government through its different organs for political and other related reasons. Human rights violations were also easily committed against ordinary people and human rights defenders because there was no Constitution that adequately protected such people's fundamental human rights (including their civil and political rights and their socio-economic rights in Zimbabwe. Given this background, the article discusses the protection of human rights in Zimbabwe, in the light of the Zimbabwe Constitution Amendment Act 20 of 2013 (Zimbabwe Constitution 2013. This is done in order to investigate whether the promotion, protection, enforcement and respect for human rights in Zimbabwe has now improved. To this end, the functions of selected national human rights institutions and other related role-players, namely civil society, the judiciary, the law enforcement organs and the Zimbabwe Human Rights Commission, are briefly discussed first. Secondly, the functions of selected regional and international institutions, namely the Southern African Development Community, the African Union and the United Nations are discussed in relation to the protection of human rights in Zimbabwe. Thereafter, concluding remarks and possible recommendations that could be utilised to combat human rights violations and enhance the protection of human rights in Zimbabwe are provided.

  3. The World War II Era and Human Rights Education

    Science.gov (United States)

    Waters, Stewart; Russell, William B., III

    2012-01-01

    International revulsion at the violation of human rights during World War II helped spark a global movement to define and protect individual human rights. Starting with the creation of war crimes tribunals after the war, this newfound awareness stimulated a concerted international effort to establish human rights for all, both in periods of war…

  4. Health and human rights a South African perspective.

    Science.gov (United States)

    Naidoo, Sudeshni

    2014-01-01

    General statements of basic entitlements are established as a guide for potential laws and regulations protecting human rights. Human rights are those claimed to belong to every individual regardless of nationality or position within society. The historical evolution of human rights relative to health in the Republic of South Africa is discussed.

  5. National Award for Human Rights Education in 2008

    Directory of Open Access Journals (Sweden)

    Mariê Luise Campos

    2009-07-01

    Full Text Available In 2008, the Universal Declaration of Human Rights completed 60 years of existence. To commemorate this date, the Ministry of Education, the Special Secretariat for Human Rights of the Presidency, the Organization of Iberoamerican States with the sponsorship and implementation of the SM Foundation, created the National Award for Human Rights Education.

  6. Teaching Human Rights? "All Hell Will Break Loose!"

    Science.gov (United States)

    Cassidy, Claire; Brunner, Richard; Webster, Elaine

    2014-01-01

    Human rights education is a prominent concern of a number of international organisations and has been dominant on the United Nations' agenda for the past 20 years. The UN Decade for Human Rights Education (1995-2004) has been followed by the World Programme for Human Rights Education (2005-ongoing) and the recently adopted UN Declaration on Human…

  7. 76 FR 7695 - Iranian Human Rights Abuses Sanctions Regulations

    Science.gov (United States)

    2011-02-11

    ... DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 562 Iranian Human Rights... Iranian Human Rights Abuses Sanctions Regulations, 31 CFR part 562 (the ``Regulations''), to implement E.O...--IRANIAN HUMAN RIGHTS ABUSES SANCTIONS REGULATIONS Subpart A--Relation of This Part to Other Laws and...

  8. 75 FR 75615 - Helsinki Human Rights Day, 2010

    Science.gov (United States)

    2010-12-03

    ... Helsinki Human Rights Day, 2010 By the President of the United States of America A Proclamation This year... states with respect for human rights and fundamental freedoms within states. With the signing of the Act... occasion also spurred courageous human rights activists in Eastern Europe to form citizens' groups to press...

  9. International criminal tribunals and human rights law: Adherence and contextualization

    NARCIS (Netherlands)

    Zeegers, K.J.

    2015-01-01

    Given their mandate to prosecute persons responsible for the most atrocious of human rights violations, International Criminal Tribunals (ICTs) are generally hailed as welcome enforcers of international human rights law: a new instrument in the toolkit of human rights protectors. However, ICTs

  10. Tensions and Dilemmas about Education in Human Rights in Democracy.

    Science.gov (United States)

    Magendzo, Abraham

    1994-01-01

    Asserts that incorporating human rights issues into the curriculum causes tensions, especially in nations with histories of military dictatorships. Describes human rights education in Chile and other Latin American nations. Discusses whether human rights should be a separate curriculum subject or integrated into all courses. (CFR)

  11. Human Rights and the African Renaissance | Acheampong | African ...

    African Journals Online (AJOL)

    This article examines the idea of African renaissance in relation to the teaching of human rights in African schools. It explores the connection between the African Renaissance and human rights, and whether there is a specific African concept of human rights. In the light of these discussions, the article sketches a perspective ...

  12. Perspective: Economic Human Rights: The Time Has Come!

    Science.gov (United States)

    Mittal, Anuradha

    1998-01-01

    Maintains that the high poverty levels in the United States implies that the goals of the Universal Declaration of Human Rights (UDHR) have not yet transformed the reality of U.S. citizens. Describes the national campaign called "Economic Human Rights: The Time Has Come!" that combats the violations of basic human rights like poverty.…

  13. Human Rights under the Ethiopian Constitution: A Descriptive ...

    African Journals Online (AJOL)

    This article summarizes human rights under the Ethiopian Constitution (mainly surrounding Chapter 3 of Constitution and related constitutional provisions on human and democratic rights), and forwards some insights. It, inter alia, covers various aspects of the application and interpretation of human rights provisions, ...

  14. Human Rights Education: Is Social Work behind the Curve?

    Science.gov (United States)

    Steen, Julie A.; Mathiesen, Sally

    2005-01-01

    This article presents a descriptive assessment of human rights education within schools of social work and law. A review of course titles and descriptions within MSW programs and law programs was conducted for identification of human rights content. The results suggest a dearth of human rights content in social work curricula and a great disparity…

  15. An Overview of Human Rights, Good Governance and Development ...

    African Journals Online (AJOL)

    An Overview of Human Rights, Good Governance and Development. ... African Research Review ... The paper also addresses the economic and social effect of such human rights violations on national development as well as the effect of using communication to solve the problem of human rights violations and corruption.

  16. Right to Development and Right to the City : A Proposal of Human Rights Categories Universal as assumptions Citizenship

    Directory of Open Access Journals (Sweden)

    Alessandra Danielle Carneiro dos Santos Hilário

    2016-05-01

    Full Text Available This article discusses the Right to the City, in a conceptual dimension and wide, and his dialectical relationship with the Universal Declaration of Human Rights of 1948 and its universalism and cultural relativism categories. The Right to the City (RtC is capitula- ted as one of the categories of the Human Right to Development from the compartments on Human Rights to descend from the Universal Declaration of Human Rights. Linked to this assumption, the discussion of universalism and cultural relativism theories bring to the fore important questions and considerations as to RtC condition, since in its current design and trampled by an evil legacy of neoliberalism, this right has demonstrated the need for authoritative action of the State, given the nature of fundamental human right of the third dimension. Through RtC, boasts up of economic, social and cultural rights, requiring a positive action of the state as compliance guarantee this human right. In this bias, relevant are discussions about the concept of law, morality, liberalism, effectiveness and universality of human rights theories and cultural relativism in dialectic with the RtC and its complexity. It starts from the assumption that the Universal Declaration of Human Rights and other statements which have descended universality (despite criticism, however, this har- vest, it is imperative closer examination of the concept, forecast, guarantee and effective- ness fundamental human rights, which may lead to a mixed application of universalistic and relativistic theories when analyzed from the perspective of these institutes. The Hu- man Right to Development (RtD presupposes notions of environmental sustainability and economic democracy, with qualified participation of social subjects (wide citizenship, seen continuous and articulated perspective as guiding the development process.

  17. Enforcing the Right to Family Life in Hong Kong Courts: The Case of Dependant Policy

    Directory of Open Access Journals (Sweden)

    Matthew Chuen Ngai Tang

    2017-08-01

    Full Text Available Despite the Hong Kong courts’ seemingly robust protection of fundamental rights and civil liberties, enforcing family rights remains extremely difficult. While the right to family life is safeguarded by both domestic and international human right instruments, applicants in judicial review cases are usually not able to rely on it to challenge the decisions made by the immigration authority. This paper examines the challenges in enforcing the right to family life in Hong Kong’s Dependant Policy with a particular focus on the Hong Kong Court of Appeal’s recent decision in BI v Director of Immigration. The immigration reservation, entered into by the United Kingdom when ratifying the International Covenant on Civil and Political Rights, has become a justification for a restrictive immigration regime even after the transfer of sovereignty. The Hong Kong courts also repeatedly accord wide discretion to immigration authority. The courts’ reluctance to scrutinize socio-economic policies reveals one of the key weaknesses in enforcing fundamental rights in Hong Kong by the way of judicial review.

  18. The Evolution of Human Rights Protection within the EU Legal System

    OpenAIRE

    Tăbușcă Silvia

    2012-01-01

    Having in mind the EU’s policy to rebuild the democratic systems within the former Europeancommunist countries and its involvement in international actions regarding human rights enforcement, thereis no doubt about the importance of individuals rights protection in the European Union’s legal system. In thisrespect, the present paper analyzes the evolution of the principle of EU’s human rights protection. Theresearch done on the EU legislation and courts’ jurisprudence shows that there are thr...

  19. Human Capital Development Policies: Enhancing Employees Satisfaction

    Science.gov (United States)

    Wan, Hooi Lan

    2007-01-01

    Purpose--The aim of this article is to gain insight into some of the human capital development (HCD) policies that enhance employee satisfaction. A salient focus of the study is to assess whether employees in globalised foreign-owned MNCs are likely to be more satisfied with the HCD policies than with the practices employed by locally owned MNCs.…

  20. Human Rights Education: The Promise of the Third Millennium?

    Science.gov (United States)

    Baxi, Upendra

    The 20th century could be characterized as the "Age of Rights." Never before has there been such progress and interest in human rights standards. To ensure this progress, human rights education (HRE) needs to look at the world history of the struggles for rights and against tyranny and injustice. The notions of HRE originated in the text…

  1. International human rights and cultural diversity: a balancing act

    NARCIS (Netherlands)

    Donders, Y.

    2013-01-01

    It is broadly agreed that international human rights law and cultural diversity have a mutually interdependent and beneficial relationship. Many human rights, such as the rights to freedom of expression, freedom of religion, freedom of assembly, as well as the rights to take part in cultural life

  2. The Right To Appeal For The Social Insurance As A Human And Constitutional Right

    Directory of Open Access Journals (Sweden)

    Selita Mirela

    2015-12-01

    Full Text Available Magna Carat is a highly significant document that found the way into the rights and the constitutions. Magna Carat is a symbol of human and constitutional rights. Social insurance is part of the social security and the recognition of social security as a basic human right is enshrined in the Universal Declaration of Human Rights adopted by the United Nations General Assembly on 10 December 1948 at the Palais de Chaillot, Paris and furthermore the European Conventions on Human Rights, specially the article 6.

  3. Job Satisfaction: A Study of the Relationship between Right-to-Work Policy and Public School Teachers' Perceptions

    Science.gov (United States)

    Buckman, David G.

    2017-01-01

    The purpose of this study was to examine the relationship between state unionization policy and teacher job satisfaction in the K-12 public school environment in the states of Florida and New York (i.e., a right-to-work state and a non-right-to-work state). Data were collected via electronic survey to analyze personal demographics, human capital,…

  4. Public Participation in Times of Privatisation: A Human Rights Analysis

    OpenAIRE

    Temperman, Jeroen

    2011-01-01

    markdownabstract__Abstract__ Privatisation may not only affect the enjoyment of the right to public participation itself, but might also impact other substantive rights. This article charts some of the ramifications of privatisation in relation to individual human rights as enshrined in international human rights conventions, with a particular focus on the impact privatisation has on the right to public participation. The right to public participation can be seen as both an example of a funda...

  5. Gender equality and human rights approaches to female genital mutilation: a review of international human rights norms and standards.

    Science.gov (United States)

    Khosla, Rajat; Banerjee, Joya; Chou, Doris; Say, Lale; Fried, Susana T

    2017-05-12

    Two hundred million girls and women in the world are estimated to have undergone female genital mutilation (FGM), and another 15 million girls are at risk of experiencing it by 2020 in high prevalence countries (UNICEF, 2016. Female genital mutilation/cutting: a global concern. 2016). Despite decades of concerted efforts to eradicate or abandon the practice, and the increased need for clear guidance on the treatment and care of women who have undergone FGM, present efforts have not yet been able to effectively curb the number of women and girls subjected to this practice (UNICEF. Female genital mutilation/cutting: a statistical overview and exploration of the dynamics of change. 2013), nor are they sufficient to respond to health needs of millions of women and girls living with FGM. International efforts to address FGM have thus far focused primarily on preventing the practice, with less attention to treating associated health complications, caring for survivors, and engaging health care providers as key stakeholders. Recognizing this imperative, WHO developed guidelines on management of health complications of FGM. In this paper, based on foundational research for the development of WHO's guidelines, we situate the practice of FGM as a rights violation in the context of international and national policy and efforts, and explore the role of health providers in upholding health-related human rights of women at girls who are survivors, or who are at risk. Findings are based on a literature review of relevant international human rights treaties and UN Treaty Monitoring Bodies.

  6. Human resource policy and Danish multinational companies

    DEFF Research Database (Denmark)

    Fleming, Daniel; Søborg, Henrik

    A study of Danish multinational companies' human resource policy in their subsidiaries in Malaysia and Singapore.The sample of companies consists of 8 Danish multinational companies with activities in both Malaysia and Singapore.......A study of Danish multinational companies' human resource policy in their subsidiaries in Malaysia and Singapore.The sample of companies consists of 8 Danish multinational companies with activities in both Malaysia and Singapore....

  7. [Human rights. Right to health. Right to health information. The Venezuelan biomedical journals].

    Science.gov (United States)

    Stegemann, Herbert

    2013-06-01

    Venezuelan Biomedical journals have been confronting, for several years, a gradual decline both, from the standpoint of their management and in the quality of their editorial content. At its highest level, Venezuela had about sixty different titles. But irregular financial support, as well as the lack of a clear official policy, regarding these scientific activities, were some of the reasons that have contributed to this decline. Several recent Venezuelan and international documents provide an important legal support for the design of new official policies and government responsibilities. There is now a valid opportunity to profit from new tools to evaluate and improve the quality of our scientific and editorial activities.

  8. [Human values and respect of human rights in oppressive conditions].

    Science.gov (United States)

    Bomba, J

    1993-01-01

    Human rights, an issue of political debates in the last decades, listed in the United Nations Declaration of 1946 are rooted in the humanistic tradition of philosophy and religion. The UN declared their universal character and made state organizations responsible for their observation. Among all human rights that for freedom is usually perceived as crucial. Psychiatry developed in Europe primarily a caring function. The medical model developed in psychiatry through the 19th c. supplied the criteria for medical diagnosis of mental disturbance, and elaborated a system of treatment which included long term hospitalization. Medicalization of psychiatry (recently coming back) is a force which gives courage to those who suffer, to their families, and to professionals as well. This power however, can be easily abused, when a psychiatrist adopts a position of someone who knows better that which is good for his/her patient. Legal regulations of the circumstances of psychiatric treatment, especially treatment against the patient's will should prevent the abuse of the mentally disturbed person's right for freedom. The goal is usually achieved by clear description of clinical and other conditions under which a person can be committed, and by establishing the committed person's right to claim the decision to be unjust. Poland is a country without legal regulation in the area of mental health (there are only administrative acts). For more than sixty years several projects on mental health law have been worked on. The last one which came to the Sejm (parliament) in 1980 was withdrawn by the "Solidarity" Trade Union. At present, the membership of Poland in international organizations makes an introduction of mental health law an obligation. Having no legal regulation, Polish psychiatry has been a self-regulating system. It is worth to note that even in the hard Stalinist period (1947-1956) there was no abuse of psychiatry for political reasons. The main reason for Polish

  9. Fluoridation: a violation of medical ethics and human rights.

    Science.gov (United States)

    Cross, Douglas W; Carton, Robert J

    2003-01-01

    Silicofluorides, widely used in water fluoridation, are unlicensed medicinal substances, administered to large populations without informed consent or supervision by a qualified medical practitioner. Fluoridation fails the test of reliability and specificity, and, lacking toxicity testing of silicofluorides, constitutes unlawful medical research. It is banned in most of Europe; European Union human rights legislation makes it illegal. Silicofluorides have never been submitted to the U.S. FDA for approval as medicines. The ethical validity of fluoridation policy does not stand up to scrutiny relative to the Nuremberg Code and other codes of medical ethics, including the Council of Europe's Biomedical Convention of 1999. The police power of the State has been used in the United States to override health concerns, with the support of the courts, which have given deference to health authorities.

  10. Striking the Right Balance : Effectiveness of Anti-Doping Policies

    NARCIS (Netherlands)

    de Hon, O.M.

    2016-01-01

    Doping, and anti-doping, is in the news on a continuous basis. At the core of these stories and discussions is the question how effective anti-doping policies are to curb the use of doping in sports. Anti-doping policies are based on ethical values, a juridical framework, laboratory analyses,

  11. Teachers' Pedagogical Perspectives and Teaching Practices on Human Rights in Cyprus: An Empirical Exploration and Implications for Human Rights Education

    Science.gov (United States)

    Zembylas, Michalinos; Charalambous, Constadina; Charalambous, Panayiota

    2016-01-01

    This paper describes a qualitative study that explored the understandings of human rights, pedagogical perspectives and practices in human rights teaching of three Greek-Cypriot elementary teachers. The study revealed some significant challenges in human rights teaching that seemed to be common for all three participating teachers. First, all of…

  12. The human rights responsibilities of multinational tobacco companies

    Science.gov (United States)

    Crow, M

    2005-01-01

    This article explores various strategies which could be used to hold the tobacco industry accountable for human rights violations precipitated by its conduct. First, a brief overview of the international human rights regime and the tobacco related jurisprudence issued by human rights treaty bodies is provided. The article then explains how tobacco control advocates could promote more systematic consideration of governments' tobacco related human rights violations by reconceptualising the Framework Convention on Tobacco Control in the language of rights. The feasibility of using the existing human rights framework to target the tobacco industry directly is analysed with the conclusion that this approach has serious limitations. Emerging human rights norms, which have greater potential to affect the industry's conduct, are presented. Finally, given the questionable authoritativeness of these norms, alternative ways that they could be employed to hold tobacco companies accountable for the rights related consequences of their activities are proposed. PMID:16046696

  13. Of sweatshops and subsistence: Habermas on human rights

    OpenAIRE

    Ingram, David

    2009-01-01

    In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legit...

  14. Sexuality and human rights: an Asian perspective.

    Science.gov (United States)

    Laurent, Erick

    2005-01-01

    In Asia, the lesbian and gay rights movements are clearly dominated by activists, who tend to think in terms of a binary opposition (homo- vs hetero-) and clear-cut categories. Based on "Western patterns," the approach is practical, the arguments based on minority rights. "Coming out" is often perceived as a "white model" bringing more problems than real freedom. On the contrary, "Asian values" put the emphasis on family and social harmony, often in contradiction to what is pictured as "lesbian and gay rights." Homophobia follows very subtle ways in Asian countries. Asian gays have to negotiate their freedom, lifestyle and identities in an atmosphere of heterosexism, and not the endemic violent homophobia prevalent in many western countries. In Asia, one's identity relates to one's position in the group and sexuality plays a relatively insignificant role in its cultural construction. That Asian gays often marry and have children shows the elasticity their sexual identity encompasses. Fluidity of sexuality does not really match the Western approach in terms of essentialist categories that have a right to exist. Most Asian societies can be thought of as "tolerant" as long as homosexuality remains invisible. Procreative sexuality can be seen as a social duty, and heterosexual marriage is often not considered incompatible with a "homosexual life." The development of the Internet has even facilitated the encounters while allowing secrecy. Unfortunately, the traditional figures of transgender and transvestites have often been separated from the gay liberation movement.

  15. Specific features of human rights guaranteed by the Aarhus Convention

    Directory of Open Access Journals (Sweden)

    Etinski Rodoljub

    2013-01-01

    Full Text Available The Aarhus Convention legally articulates basic human needs to live in the environment adequate for human health and well-being and to engage in protection and improvement of the environment. It recognized and protected a general human right to adequate environment and three particular rights in environmental matters - to information, to public participation in decision-making and to justice. The Aarhus Convention introduced innovative approach to human rights protection in relation to transboundary issues and legal standing.

  16. Do cultural diversity and human rights make a good match?

    Science.gov (United States)

    Donders, Yvonne

    2010-01-01

    The link between cultural diversity and human rights was clearly established by the Universal Declaration on Cultural Diversity, adopted by the member states of UNESCO in 2001, which holds that "the defence of cultural diversity is … inseparable from respect for human dignity" and that it "implies a commitment to human rights and fundamental freedoms." The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, adopted in 2005, states that "cultural diversity can be protected and promoted only if human rights and fundamental freedoms … are guaranteed" (Article 2[1]). The precise relationship between cultural diversity and human rights, however, is not clarified and thus leaves room for further exploration. This contribution analyses the issues surrounding the relationship between cultural diversity and human rights, in particular cultural rights. Firstly, it addresses general human rights issues such as universality and cultural relativism and the principles of equality and non-discrimination. Secondly, it explores the scope of cultural rights, as well as the cultural dimension of human rights. Thirdly, several cases are discussed in which human rights were invoked to protect cultural interests, confirming the value of cultural diversity. Finally, some concluding remarks are presented, indicating which areas require attention in order to further improve the promotion and protection of human rights in relation to cultural diversity.

  17. Research Professorship on International Human Rights | IDRC ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Toward a Regional Security Architecture for the Horn of Africa - Phase II. The Horn of Africa region has endured decades of destruction and human suffering due to long and interrelated wars. View moreToward a Regional Security Architecture for the Horn of Africa - Phase II ...

  18. Genocide: The Ultimate Human Rights Problem.

    Science.gov (United States)

    Charny, Israel W.

    1987-01-01

    Argues for a more humanistic definition of genocide; one that includes the intentional murder of a group of human beings on the basis of any shared identity. Identifies the Holocaust as the world's major genocidal event but urges recognition of the Armenian, Cambodian, and similar tragedies. Proposes an early-warning organization to monitor and…

  19. Prolegomena of Human Rights. Historical Roots and Globalization

    Directory of Open Access Journals (Sweden)

    Ana-Alina Dumitrache-Ionescu

    2015-05-01

    Full Text Available The paper Prolegomena of Human Rights. Historical Roots and Globalization analyses the complexity of the history of human rights which revolve around an incessant struggle for the awareness of the value of the human being. It is the history which defends the man, the human being, regarded individually or collectively, who was subjected in the course of time to some atrocities and abuses, confronting itself with exploitation, discrimination, oppression, slavery, torture and even extermination. Moreover, the historical evolution of human rights knows halting places in which the concepts of human rights are accompanied by ambiguity, by different meanings for different people and vary in accordance with the context. By way of resemblance, the problem of human rights in the context of globalization which transforms human rights into rights of the global citizen, rights which acquire new dimensions and significances imposed by the economic, politic and social changes specific of globalization is approached in this paper. The global vision of the new human rights involves both the opportunity to have a say when they are infringed for example, when they are subjected to torture or terror, and where human rights abuses are carried out by the people, for example, trafficking in human beings. (Ritzer, & Dean, 2015, p. 115

  20. Victims’ rights are human rights: The importance of recognizing victims as persons

    Directory of Open Access Journals (Sweden)

    Wemmers Jo-Anne

    2012-01-01

    Full Text Available In this paper the author argues that victims’ rights are human rights. Criminal law typically views victims as witnesses to a crime against the state, thus shutting them out of the criminal justice process and only allowing them in when they are needed to testify. This is a major source of dissatisfaction for victims who seek validation in the criminal justice system. Victims are persons with rights and privileges. Crimes constitute violations of their rights as well as acts against society or the state. While human rights instruments, such as the Universal Declaration of Human Rights, do not mention crime victims specifically, a number of rights are identified, which can be viewed from the victim’s perspective. As individuals with dignity, victims have the right to recognition as persons before the law. However, such rights are only meaningful if they can be enforced.

  1. FREEDOM OF SPEECH IN INDONESIAN PRESS: INTERNATIONAL HUMAN RIGHTS PERSPECTIVE

    OpenAIRE

    Clara Staples

    2016-01-01

    This paper will firstly examine the International framework of human rights law and its guidelines for safeguarding the right to freedom of speech in the press. Secondly, it will describe the constitutional and other legal rights protecting freedom of speech in Indonesia and assess their compatibility with the right to freedom of speech under the International human rights law framework. Thirdly it will consider the impact of Indonesia's constitutional law and criminal and civil law, includin...

  2. The life and times of religion and human rights

    NARCIS (Netherlands)

    Gaay Fortman, B. de; Salih, Mohamed

    2003-01-01

    Seen from a human perspective and as communal protection of human dignity, human rights are universal challenges to which all major traditions of the human family have subscribed. However, ways and means as to the realisation of this universal human ideal have been subject to controversy because of

  3. National policy measures. Right approach to foreign direct investment flows

    Directory of Open Access Journals (Sweden)

    Cătălin-Emilian HUIDUMAC-PETRESCU

    2013-02-01

    Full Text Available 2011 was a difficult year for all the countries, developed and emerging ones. For overcoming the negative effects of the financial crisis, many economies have established as purpose to adopt new economic policies regarding the foreign direct investment flows (FDI, even to stimulate the flows or to reduce it (protectionism measures. So, there can be identified two categories of national policies: measures for the FDI flows stimulation and measures whose aim was the weighting of FDI developing, through restriction and regulation. In the first category we could include the liberalization measures and promotional and faciletation policies. In this study we evidenced that the fundament of the second category of policies is the belief that the FDI outward lead to job exports, to a raise of unemployment and a weakness of the industrial base.Many reports on FDI flows, here we talk about those made by UNCTAD, show that the regulation and restriction policies are seen as a possible protectionism, especially in the agricultural and extractive industries, where there have been required nationalization processes and divestments. Even more, the economies which adopted this kind of policies have been less interested in investing abroad, the outward of FDI being affected and globally the total outward decreased.

  4. Human rights responsibilities of pharmaceutical companies in relation to access to medicines.

    Science.gov (United States)

    Lee, Joo-Young; Hunt, Paul

    2012-01-01

    Although access to medicines is a vital feature of the right to the highest attainable standard of health ("right to health"), almost two billion people lack access to essential medicines, leading to immense avoidable suffering. While the human rights responsibility to provide access to medicines lies mainly with States, pharmaceutical companies also have human rights responsibilities in relation to access to medicines. This article provides an introduction to these responsibilities. It briefly outlines the new UN Guiding Principles on Business and Human Rights and places the human rights responsibilities of pharmaceutical companies in this context. The authors draw from the work of the first UN Special Rapporteur on the right to the highest attainable standard of health, in particular the Human Rights Guidelines for Pharmaceutical Companies in Relation to Access to Medicines that he presented to the UN General Assembly in 2008, and his UN report on GlaxoSmithKline (GSK). While the Guiding Principles on Business and Human Rights are general human rights standards applicable to all business entities, the Human Rights Guidelines for Pharmaceutical Companies consider the specific human rights responsibilities of one sector (pharmaceutical companies) in relation to one area of activity (access to medicines). The article signals the human rights responsibilities of all pharmaceutical companies, with particular attention to patent-holding pharmaceutical companies. Adopting a right-to-health "lens," the article discusses GSK and accountability. The authors argue that human rights should shape pharmaceutical companies' policies, and provide standards in relation to which pharmaceutical companies could, and should, be held accountable. They conclude that it is now crucial to devise independent, accessible, transparent, and effective mechanisms to monitor pharmaceutical companies and hold them publicly accountable for their human rights responsibilities. © 2012 American

  5. Euthanasia, empathy, compassion and Human Rights

    OpenAIRE

    Baum, Erica

    2017-01-01

    What is problematic in the study of empathy is his absence to the suffering of others. Euthanasia highlights the moral conflict about suffering or stop suffering facing at an irreversible and painful illness. I will analyze the conflict that has full respect of human dignity, laid down in Article 51 of the Civil and Commercial Code of Argentina, in relation to advance medical directives that involve a practice euthanasia, according to the Article 60 of the same legal body, should not be writt...

  6. A HUMAN RIGHTS-BASED APPROACH TO COUNTERACT ...

    African Journals Online (AJOL)

    milkii

    54Elizabeth Yuko, 'Theories, Practices and Promises: Human Trafficking Laws and Policies in. Destination States of ..... Further, the verification of nationality is a bit challenging since several trafficked ... Djibouti as a site for a self-help project.

  7. Human rights and the right to health in Latin America: the Two Faces of One Powerful Idea

    Directory of Open Access Journals (Sweden)

    Alicia Ines Stolkiner

    2010-04-01

    Full Text Available During the past decade the discussion of human rights has reappeared in the field of health, replacing the technocratic approaches of the previous period which had centered on cost-effectiveness. The focus on rights in public policies, with its emphasis on international norms for social rights, has influenced primary health care (PHC strategy and fostered the return of PHC to its original role as guarantor of the right to health.3 As human rights became increasingly global, they once again occupied a central place in World Health Organization (WHO documents and in government attitudes. The revival of human rights discourse occurred at a time when neoliberalism was being discredited intellectually. It coincided with the appearance of governments critical of the hegemonic model of the 1990s, the restructuring of geopolitical alliances, and a crisis of world capitalism affecting its central core. Various trends have co-existed within this process; the attempt to establish more just societies runs parallel to the search for a new way to legitimize power, given the loss of consensus over the neoliberal model. This dual aspect of the inclusion of human rights in the political arena demands a careful analysis of the various discourses and the proposals with which they are associated.

  8. Human rights reasoning and medical law: a sceptical essay.

    Science.gov (United States)

    Wall, Jesse

    2015-03-01

    I am sceptical as to the contribution that human rights can make to our evaluation of medical law. I will argue here that viewing medical law through a human rights framework provides no greater clarity, insight or focus. If anything, human rights reasoning clouds any bioethical or evaluative analysis. In Section 1 of this article, I outline the general structure of human rights reasoning. I will describe human rights reasoning as (a) reasoning from rights that each person has 'by virtue of their humanity', (b) reasoning from rights that provide 'hard to defeat' reasons for action and (c) reasoning from abstract norms to specified duties. I will then argue in Section 2 that, unless we (a) re-conceive of human rights as narrow categories of liberties, it becomes (b) necessary for our human rights reasoning to gauge the normative force of each claim or liberty. When we apply this approach to disputes in medical law, we (in the best case scenario) end up (c) 'looking straight through' the human right to the (disagreement about) values and features that each person has by virtue of their humanity. © 2014 John Wiley & Sons Ltd.

  9. Human rights barriers for displaced persons in southern Sudan.

    Science.gov (United States)

    Pavlish, Carol; Ho, Anita

    2009-01-01

    This community-based research explores community perspectives on human rights barriers that women encounter in a postconflict setting of southern Sudan. An ethnographic design was used to guide data collection in five focus groups with community members and during in-depth interviews with nine key informants. A constant comparison method of data analysis was used. Atlas.ti data management software facilitated the inductive coding and sorting of data. Participants identified three formal and one set of informal community structures for human rights. Human rights barriers included shifting legal frameworks, doubt about human rights, weak government infrastructure, and poverty. The evolving government infrastructure cannot currently provide adequate human rights protection, especially for women. The nature of living in poverty without development opportunities includes human rights abuses. Good governance, protection, and human development opportunities were emphasized as priority human rights concerns. Human rights framework could serve as a powerful integrator of health and development work with community-based organizations. Results help nurses understand the intersection between health and human rights as well as approaches to advancing rights in a culturally attuned manner.

  10. Documenting human rights violations against sex workers in Kenya.

    Science.gov (United States)

    Lukera, MaryFrances

    2007-12-01

    The human rights of sex workers are an increasing concern for prominent women's rights organizations such as the Federation of Women Lawyers (FIDA). As FIDA-Kenya's MaryFrances Lukera writes, documenting human rights abuses against sex workers is critical to responding to Kenya's HIV epidemic.

  11. On the Concept of Fundamental Human Right to Favourable Environment

    Czech Academy of Sciences Publication Activity Database

    Blahož, Josef

    2011-01-01

    Roč. 150/1, č. 12/3 TLQ (2011), s. 170-180 ISSN 0231-6625 Institutional research plan: CEZ:AV0Z70680506 Keywords : European Court of Human Right * the human rights idea and the right to environment * constitutional law Subject RIV: AG - Legal Sciences

  12. Using indicators to determine the contribution of human rights to public health efforts

    Science.gov (United States)

    Ferguson, Laura

    2009-01-01

    Abstract There is general agreement on the need to integrate human rights into health policies and programmes, although there is still reluctance to go beyond rhetorical acknowledgement of their assumed significance. To determine the actual value of human rights for the effectiveness of public health efforts requires clarity about what their incorporation looks like in practice and how to assess their contribution. Despite the pervasive use of indicators in the public health field, indicators that specifically capture human rights concerns are not well developed and those that exist are inconsistently used. Even though “health and human rights indicators” are increasingly being constructed, it is often the case that health indicators are used to draw conclusions about some interaction between human rights and health; or that law and policy or other indicators, traditionally the domain of the human rights community, are used to make conclusions about health outcomes. To capture the added value that human rights bring to health, the differences in the contributions offered by these indicators need to be understood. To determine the value of different measures for advancing programme effectiveness, improving health outcomes and promoting human rights, requires questioning the intended purpose behind the construction of an indicator, who uses it, the kind of indicator it is, the extent to which it provides information about vulnerable populations, as well as how the data are collected and used. PMID:19784452

  13. The United States and the universality of human rights.

    Science.gov (United States)

    Chomsky, N

    1999-01-01

    The United States takes a highly relativistic stance toward the Universal Declaration of Human Rights. It regards the socio-economic rights and the right to development as without status; exempts itself from all provisions of the Declaration by failing to sign the conventions designed to implement these provisions; and unilaterally qualifies its support of civil and political rights. Leading recipients of U.S. aid have traditionally included regimes with atrocious human rights records. Those struggling for human rights should have no illusions about the systems of power and their servants.

  14. Health and Human Rights : In Search of the Legal Dimension

    NARCIS (Netherlands)

    Toebes, Brigit

    2015-01-01

    Abstract: – This paper explores the legal contours of the field of ‘health and human rights’ as a new and emerging field of human rights law. After an analysis of its conceptual foundations, it explains illustrates how health and human rights evolved from a phase of standard-setting to a field that

  15. The future of human rights impact assessments of trade agreements

    NARCIS (Netherlands)

    Walker, S.M.

    2009-01-01

    The Future of Human Rights Impact Assessments of Trade Agreements develops a methodology for human rights impact assessments of trade agreements and considers whether there is any value in using the methodology on a sustained basis to ensure that the human dimensions of international trade are taken

  16. Human and peoples' rights: social representations among Cameroonian students.

    Science.gov (United States)

    Pirttilä-Backman, Anna-Maija; Kassea, Raul; Sakki, Inari

    2009-12-01

    Social representations of human and peoples' rights were studied among Cameroonian university students (N = 666) with a questionnaire based on the UN Declaration of Human Rights and the African Charter on Human and Peoples' Rights and Duties. The respondents were asked how important and how well realized they regarded the 39 human and peoples' rights to be. A 13-factor model provided the best fit with Cameroonian students' perceptions of human and peoples' rights. Taken as a whole, our results are in line with previous quantitative studies on human rights, confirming structural similarity but also country-specific variation in the aggregation of specific rights. Moreover, our data showed that Cameroonian students value human and peoples' rights highly (M = 6.18), whereas their fulfillment is not regarded as highly (M = 5.09). Same law for all, equality and freedom, and right to work and living were highly appreciated but lowly realized rights. Higher than average in importance and realization were right to education and self-fulfillment, right to marriage and property, peoples' social and political basic rights and right to life and safety. Low in importance and realization were peoples' right to their country's natural resources and independence, right to meetings, and right to express opinion. Women appreciated the rights more than men and thought of their rights as better realized compared to men. We suggest that when women say that their rights are better fulfilled than men do, it is in comparison with the older generation, who are still very dependent on men. Nowadays, thanks to education and urbanization, young women have wider choices or opportunities for marriage and jobs. Men may feel frustrated in the context of political liberalization because the freedoms are more theoretical than fulfilled; the economic crises and cultural changes have hindered their economic domination and their prerogatives.

  17. Human rights in patient care: a theoretical and practical framework.

    Science.gov (United States)

    Cohen, Jonathan; Ezer, Tamar

    2013-12-12

    The concept of "human rights in patient care" refers to the application of human rights principles to the context of patient care. It provides a principled alternative to the growing discourse of "patients' rights" that has evolved in response to widespread and severe human rights violations in health settings. Unlike "patients' rights," which is rooted in a consumer framework, this concept derives from inherent human dignity and neutrally applies universal, legally recognized human rights principles, protecting both patients and providers and admitting of limitations that can be justified by human rights norms. It recognizes the interrelation between patient and provider rights, particularly in contexts where providers face simultaneous obligations to patients and the state ("dual loyalty") and may be pressured to abet human rights violations. The human rights lens provides a means to examine systemic issues and state responsibility. Human rights principles that apply to patient care include both the right to the highest attainable standard of health, which covers both positive and negative guarantees in respect of health, as well as civil and political rights ranging from the patient's right to be free from torture and inhumane treatment to liberty and security of person. They also focus attention on the right of socially excluded groups to be free from discrimination in the delivery of health care. Critical rights relevant to providers include freedom of association and the enjoyment of decent work conditions. Some, but not all, of these human rights correspond to rights that have been articulated in "patients' rights" charters. Complementary to—but distinct from—bioethics, human rights in patient care carry legal force and can be applied through judicial action. They also provide a powerful language to articulate and mobilize around justice concerns, and to engage in advocacy through the media and political negotiation. As "patients' rights" movements and

  18. Accommodating the Right to Development in Kosovo: A Human Rights Perspective

    Directory of Open Access Journals (Sweden)

    Remzije Istrefi

    2017-08-01

    Full Text Available The right to development is the right of individuals and peoples to an enabling environment for development that is equitable, sustainable, and participatory and in accordance with the full range of human rights and fundamental freedoms. A wide range of international law on development exists, and numerous Declarations and Programs of Action from the UN World Conferences have been proclaimed. Nevertheless, due to its nature and its legal status the right to development continues to be one of the most contested rights in academic and political circles. The conflicting interpretation of the right to development and its contested legal status affects realization of development to which every human person is entitled by virtue of the right to development. But, if the right to development is read through the human rights “lenses”, it can result in an interpretation that can be most helpful for its realization in practice. The relevance of interpretation of the right to development as a human right becomes imperative in transitional society such as the one in Kosovo where the environment continues to encounter legal and structural obstacles to development. In light of this situation the present paper analyses the relationship between human rights and development, the relevance of development in post conflict society and its impact on overcoming the transition and securing a lasting peace.

  19. EDITORIAL: ISLAM AND HUMAN RIGHTS: Contested Viewpoints

    Directory of Open Access Journals (Sweden)

    Editor Al-Jami'ah: Journal of Islamic Studies

    2007-08-01

    Full Text Available The remaining problem faced by Muslims living in this modern life is how the teachings of Islam believed as bless for all human being can be confirmed in the reality of everyday life humanity crammed with conflicts and dissonances. It is staggering to consider that not all Muslims concern, and perhaps do not wish to know, about the current discourse on Islam and its relation with others. Although Samuel Huntington’s controversial theory of “Clash of Civilization” might be challenged by most Muslim circles, the heightening conflict involving Western and Islamic civilizations in the aftermath of September 11, 2001 has approved his theory. The attack of terrorism to the US soil has triggered not only the unremitting war on terror undergone towards the alleged Muslim terrorists worldwide but also the worsening relationship between the two civilizations believed to have been engulfed since the two decades before. Candidly, this phenomenon has also affected the intra-faith dialogue among Muslims having different thought of religion.

  20. Responding to Globalization and Urban Conflict: Human Rights City Initiatives

    OpenAIRE

    Jackie Smith

    2018-01-01

    Expanding globalization and urbanization have intensified the threats to human rights for many vulnerable groups and have restricted resources available to the primary guarantors of these rights—local authorities. Human rights cities initiatives are bottom-up efforts to advance human rights implementation in local contexts. They are emerging around the world in response to the global pressures on cities that intensify urban inequality and conflict. In this article I discuss how global changes...

  1. Moslem Women, Religion And The Hijab: A Human Rights Perspective

    African Journals Online (AJOL)

    veil (niqab) and the head-to-toe all enveloping garment (jilbab) has raised complex human rights issues particularly in the context of women's rights to freedom of religion and its manifestation, equality and nondiscrimination, education and work ...

  2. strategies for implementing human rights education in nigeria

    African Journals Online (AJOL)

    Human rights education is one of the new courses introduced into the school curriculum. It improves the ... tolerance, gender equality and friendship ... protecting the rights of the subjects. (Beitxer ... They also help to provide guidelines and.

  3. The Existence of Human Rights Court as a National Effort to Eliminate the Severe Violation of Human Rights in Indonesia

    Directory of Open Access Journals (Sweden)

    - Junaedi

    2014-10-01

    Full Text Available The law on human rights court has brought the new hopes for certain people have suffered because of the human rights violation happened in the past government (before the law enacted in the years of 2000. The demand of justice has been made by victims, the families of victims and other sympathetic parties by bringing those who have violated human rights in the past. The demand for justice does not only focus on human rights violations, which occurred in the past but also similar human rights violations that will occur in the future. The existence of a permanent Human Rights Court seems to imply that human rights will be upheld and protected. The resolution of past human rights violations via a conflict approach is preferable for the national reconciliation. The resolution of past human rights violations through extra-judicial organizations is an advanced step towards resolving the case, whereas a conflict approach can be used to settle the case. The existence of the Human Rights Law provides a new frontier in implementing the principle of restorative justice in the approach of case settlement. It is hoped that such restorative justice can create a political balance between the past and the future.

  4. Corporate Responsibility to Respect Human Rights and Business Schools' Responsibility to Teach It: Incorporating Human Rights into the Sustainability Agenda

    Science.gov (United States)

    McPhail, Ken

    2013-01-01

    The Preamble to the Universal Declaration on Human Rights (UNDHR) calls on every organ of society to teach and educate for the promotion of the rights it contains. However, few if any business schools have any systematic or critical human rights content in their accounting and business curricula. This oversight is increasingly problematic as…

  5. Human Rights in The Monotheistic Religions : Justification of Human Rights in the perspective of monotheistic religion according to Human Rights Theories

    OpenAIRE

    Ali, Sadaqat

    2018-01-01

    The discourse of human rights has been very prominent in the post-world wars which led various international organizations and institutes to generate awareness on this subject and pave a path for implementation of fundamental human rights in the world. Many theories have been coined and proliferated in the world to look the matter more seriously. The question mark on the role of religion in this regard has led the discussion sidelining divinely revealed monotheistic religions. Thus, religions...

  6. Imperatives for "Right" Educational Choices in Swedish Educational Policy

    Science.gov (United States)

    Puaca, Goran

    2014-01-01

    The present article is based on a critical semiotic investigation of the Swedish Long-Term Survey on economic development. It aims to examine how recent Swedish policy trends bring specific economic, political and social processes together to form a system of meaning for both motivation and regulation over individuals' educational choices. What is…

  7. The universality of human rights: some pending questions

    African Journals Online (AJOL)

    Sidi Omar

    Cultural relativism, in brief, is the assertion that human values, far from being ... that particular human rights are like ‗essentially contested concepts' in which there ... There are obviously enough philosophical, ethical and legal arguments for ...

  8. Strategies for Implementing Human Rights Education in Nigeria ...

    African Journals Online (AJOL)

    Strategies for Implementing Human Rights Education in Nigeria. ... the social and emotional development of the child and by introducing democratic values. It helps learners to develop attitudes of solidarity across issues and nations. Human ...

  9. LGBT rights versus Asian values: de/re-constructing the universality of human rights

    OpenAIRE

    Lee, Po-Han

    2016-01-01

    Law, especially from the international human rights regime, is a direct reference on which minority groups rely when it comes to ‘non-discrimination’. Drawing upon LGBT rights in Taiwan, as well as Hong Kong and Singapore, this article – through an application of K.H. Chen’s (2010) Asia as Method – critically reviews how global LGBT politics interact with local societies influenced by Confucianism. Along a perpetual competition between the universalism and cultural relativism of human rights,...

  10. The Society's Involvement in the Defense of Human Rights

    Science.gov (United States)

    Gerjuoy, Edward

    2015-04-01

    The history of the Society's involvement in the defense of human rights, a history of which the Society can be proud, will be summarized; the summary will include illustrative specific APS human rights defense actions in illustrative specific cases. As will be emphasized, the aforesaid involvement has been primarily through the activities of the APS Committee on International Freedom of Scientists (CIFS). It is noteworthy-and one of the reasons the Society can be proud-that CIFS is charged with ``monitoring concerns regarding human rights for scientists,'' not solely for physicists, and that CIFS indeed has sought to protect the human rights of nonphysicists.

  11. Health and Human Rights in Karen State, Eastern Myanmar.

    Science.gov (United States)

    Davis, William W; Mullany, Luke C; Shwe Oo, Eh Kalu; Richards, Adam K; Iacopino, Vincent; Beyrer, Chris

    2015-01-01

    Decades of conflict in eastern Myanmar have resulted in high prevalence of human rights violations and poor health outcomes. While recent ceasefire agreements have reduced conflict in this area, it is unknown whether this has resulted in concomitant reductions in human rights violations. We conducted a two-stage cluster survey of 686 households in eastern Myanmar to assess health status, access to healthcare, food security, exposure to human rights violations and identification of alleged perpetrators over the 12 months prior to January 2012, a period of near-absence of conflict in this region. Household hunger (FANTA-2 scale) was moderate/high in 91 (13.2%) households, while the proportion of households reporting food shortages in each month of 2011 ranged from 19.9% in December to 47.0% in September, with food insecurity peaking just prior to the harvest. Diarrhea prevalence in children was 14.2% and in everyone it was 5.8%. Forced labor was the most common human rights violation (185 households, 24.9%), and 210 households (30.6%) reported experiencing one or more human rights violations in 2011. Multiple logistic regression analysis identified associations between human rights violations and poor health outcomes. Human rights violations and their health consequences persist despite reduced intensity of conflict in eastern Myanmar. Ceasefire agreements should include language that protects human rights, and reconciliation efforts should address the health consequences of decades of human rights violations.

  12. Impact of Globalization on the Right to Health as an Instance of Human Rights

    Directory of Open Access Journals (Sweden)

    Jayashree Palande

    2011-07-01

    Full Text Available Since the advent of globalization, the issue of human rights - especially right to health- and their violation through the process of globalization was discussed. These impotent rights are affected both in positive and negative way by the globalization. Present study scrutinizes these effects and concludes that globalization is functioning as a double edged-sword in this regards.

  13. Health and human rights of women imprisoned in Zambia

    Directory of Open Access Journals (Sweden)

    Todrys Katherine W

    2011-06-01

    Full Text Available Abstract Background The healthcare needs and general experience of women in detention in sub-Saharan Africa are rarely studied and poorly understood. Methods A mixed-methods study was conducted including in-depth interviews with 38 adult female prisoners and 21 prison officers in four Zambian prisons to assess the health and human rights concerns of female detainees. Key informant interviews with 46 officials from government and non-governmental organizations and a legal and policy review were also conducted. Results Despite special protection under international and regional law, incarcerated women's health needs–including prenatal care, prevention of mother-to-child transmission of HIV, and nutritional support during pregnancy and breastfeeding–are not being adequately met in Zambian prisons. Women are underserved by general healthcare programs including those offering tuberculosis and HIV testing, and reported physical and sexual abuse conducted by police and prison officers that could amount to torture under international law. Conclusions There is an urgent need for women's healthcare services to be expanded, and for general prison health campaigns, including HIV and tuberculosis testing and treatment, to ensure the inclusion of female inmates. Abuses against women in Zambian police and prison custody, which violate their rights and compromise their health, must be halted immediately.

  14. Promotion of Human Rights in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    MSc. Albulena Ukimeraj

    2016-07-01

    Full Text Available Fundamental rights and freedoms are constitutional category of democratic states whereas the standards for guaranteeing these rights have been determined in the highest international acts of the United Nations. Promotion of equality and compliance with human rights initially originated in social developments in antiquity period. The Greek philosophy represented by world class philosophers Plato and Aristotle, created the foundation for complying with these rights which still serve as principles in the modern times and democratic developments. In later stages of social developments, despite the progress, compliance with human rights in the slavery era but even in the medieval times was faced with many challenges. Meanwhile, the development of the modern world, as an enlightening historic moment, it is the French Revolution, which was of course preceded by important documents in the history of development and advancement of human rights such as: Magna Carta Libertatum and the US Constitution. The reason for addressing this topic consists in the fact that these fundamental rights and freedoms are parts of constitutions of many countries including Kosovo, which are proclaimed and protected by different acts and norms, however they continue to be infringed either by individuals or institutions. Thus, with the aim of promotion of human rights and legal basis related to them in the Republic of Kosovo, this paper will elaborate development of human rights and the legal infrastructure for protection and compliance of human rights in a chronological manner by providing conclusions on the promotion of human rights in the Republic of Kosovo.

  15. Arguments for the Normative Validity of Human Rights

    DEFF Research Database (Denmark)

    Pedersen, Esther Oluffa

    2016-01-01

    . The philosophical conceptions of law, justice and right stated by Hobbes and Rousseau and in the Declaration will be discussed in connection with two seminal criticisms. By excluding women from politics, Olympe de Gouge objected, the Declaration contradicted the universal understanding of human rights. Jeremy......The paper highlights clashes between different conceptions of right, law and justice crystalizing in the French Declaration of Human and Civic Rights from 1789 and the criticisms it aroused. Hobbes’ Leviathan (1651) and Rousseau’s Social Contract (1762) are discussed as important predecessors...... Bentham protested against the Declaration’s core idea of inalienable human rights....

  16. Protection of the right to privacy in the practice of the European Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Mladenov Marijana

    2013-01-01

    Full Text Available The right to privacy is a fundamental human right and an essential component of the protection of human autonomy and freedom. The development of science and information systems creates various opportunities for interferences with physical and moral integrity of a person. Therefore, it is necessary to determine the precise content of the right to privacy. The European Convention on Human Rights and Fundamental Freedoms guarantees this right under Article 8. The European Court of Human Rights did not precisely define the content of the right to privacy and thereby the applicants could bring different aspects of life into the scope of respect for private life. According to the Court, the concept of privacy and private life includes the following areas of human life: the right to establish and maintain relationships with other human beings, protection of the physical and moral integrity of persons, protection of personal data, change of personal name, various issues related to sexual orientation and transgender. The subject of this paper is referring to previously mentioned spheres of human life in the light of interpretation of Article 8 of the Convention.

  17. Human rights, health, and capital accumulation in the Third World.

    Science.gov (United States)

    Chossudovsky, M

    1979-01-01

    This article examines the relationship between human rights and the pattern of capital accumulation in the Third World. The repressive authoritarian State increasingly constitutes the means for enforcing the intensive exploitation of labor in Third World industrial enclaves and commercial agriculture. While the development of center capitalism has evolved toward "the Welfare State" and a framework of liberal sociodemocracy, the "peripheral State" is generally characterized by nondemocratic forms of government. This bipolarity in the state structure between center and periphery is functionally related to the international division of labor and the unity of production and circulation on a world level. The programs and policies of the center Welfare State (health, education, social security, etc.) constitute an input of "human capital" into the high-technology center labor process. Moreover, welfare programs in center countries activate the process of circulation by sustaining high levels of consumer demand. In underdeveloped countries, the underlying vacuum in the social sectors and the important allocations to military expenditure support the requirements of the peripheral labor process. Programs in health in the center and periphery are related to the bipolarity (qualification/dequalification) in the international division of labor. The social and economic functions of health programs are intimately related to the organic structure of the State and the mechanics whereby the State allocates its financial surplus in support of both capitalist production and circulation.

  18. Menneskerettighedernes Æstetik /The Aesthetics of Human Rights

    DEFF Research Database (Denmark)

    2012-01-01

    The idea of this thematic issue on "The Aesthetics of Human Rigths" of the journal "Academic Quarter" is to focus on the staging of human rights in popular culture and fine arts and in different media and genres.......The idea of this thematic issue on "The Aesthetics of Human Rigths" of the journal "Academic Quarter" is to focus on the staging of human rights in popular culture and fine arts and in different media and genres....

  19. The right to health, health systems development and public health policy challenges in Chad.

    Science.gov (United States)

    Azétsop, Jacquineau; Ochieng, Michael

    2015-02-15

    There is increasing consensus that the right to health can provide ethical, policy and practical groundings for health systems development. The goals of the right to health are congruent with those of health systems development, which are about strengthening health promotion organizations and actions so as to improve public health. The poor shape and performance of health systems in Chad question the extent of realization of the right to health. Due to its comprehensiveness and inclusiveness, the right to health has the potential of being an organizational and a normative backbone for public health policy and practice. It can then be understood and studied as an integral component of health systems development. This paper uses a secondary data analysis of existing documents by the Ministry of Public Health, Institut National de la Statistique, des Etudes Economiques et Démographiques (INSEED), the Ministry of Economy and Agence Française de Cooperation to analyze critically the shape and performance of health systems in Chad based on key concepts and components of the right to health contained in article 12 of the International Covenant on Economic, Social and Cultural Rights, and on General Comment 14. The non-realization of the right to health, even in a consistently progressive manner, raises concerns about the political commitment of state officials to public health, about the justice of social institutions in ensuring social well-being and about individual and public values that shape decision-making processes. Social justice, democratic rule, transparency, accountability and subsidiarity are important groundings for ensuring community participation in public affairs and for monitoring the performance of public institutions. The normative ideals of health systems development are essentially democratic in nature and are rooted in human rights and in ethical principles of human dignity, equality, non-discrimination and social justice. These ideals are grounded

  20. Human rights, politics, and reviews of research ethics.

    Science.gov (United States)

    Beyrer, Chris; Kass, Nancy E

    2002-07-20

    Although the human rights movement and the sphere of research ethics have overlapping principles and goals, there has been little attempt to incorporate external political and human rights contexts into research ethics codes or ethics reviews. Every element of a research ethics review--the balance of risks and benefits, the assurance of rights for individual participants, and the fair selection of research populations--can be affected by the political and human rights background in which a study is done. Research that at first seems to be low in risk may become high in risk if implemented in a country where the government might breach the confidentiality of study results or where results might be used to deport a refugee group. Researchers should determine whether research could or should be done by consulting human rights organisations and, when possible, a trusted colleague, to learn the background political context and human rights conditions of the settings in which they propose to do research.

  1. Coronial law and practice: a human rights perspective.

    Science.gov (United States)

    Freckelton, Ian; McGregor, Simon

    2014-03-01

    Coronial law and practice inevitably impact upon the human rights of those affected by deaths. It is important that such rights be incorporated in how death investigations, up to and including coronial inquests, take place. This article explores the significant impact of the jurisprudence emanating from the European Court of Human Rights, as well as the application of such law by the courts of the United Kingdom and potentially in other countries. It argues that viewing the work of coroners through the lens of human rights is a constructive approach and that, although in the coronial legislation of Australia and New Zealand, many human rights, especially those of family members, and civil liberties are explicitly protected, there remain real advantages in reflecting upon compliance with human rights by death investigation procedures and decision-making.

  2. Human rights: common meaning and differences in positioning

    Directory of Open Access Journals (Sweden)

    Willem Doise

    Full Text Available Human rights are defined as normative social representations embedded in institutional juridical definitions. Research findings show that human rights can be studied as normative social representations implying a degree of common understanding across cultures together with organized differences within and between cultures. Important factors in modulating individual positioning in the realm of human rights are experiences of social conflict and injustice, beliefs about the efficiency of various social actors to have rights enforced and attitudes of liberalism or collectivism. On the other hand, an ethnocentric use of human rights is well documented and has been experimentally studied. Generally, concerns about these rights expressed by citizens of Western countries become much stronger when non-Western countries are involved, whereas violations of these rights in their own country are often not severely condemned.

  3. Building Human Rights, Peace and Development within the United Nations

    Directory of Open Access Journals (Sweden)

    Christian Guillermet Fernández

    2015-01-01

    Full Text Available War and peace have perpetually alternated in history. Consequently, peace has always been seen as an endless project, even a dream, to be in brotherhood realized by everyone across the earth. Since the XVII century the elimination of war and armed conflict has been a political and humanitarian objective of all nations in the world. Both the League of Nations and the United Nations were conceived with the spirit of eliminating the risk of war through the promotion of peace, cooperation and solidarity among Nations. The Universal Declaration of Human Rights and the subsequent human rights instruments were drafted with a sincere aspiration of promoting the value of peace and human rights worldwide. International practice shows the close linkage between the disregard of human rights and the existence of war and armed conflict. It follows that the role of human rights in the prevention of war and armed conflict is very important. Since 2008 the Human Rights Council has been working on the ‘Promotion of the Right of Peoples to Peace.’ Pursuant resolutions 20/15 and 23/16 the Council decided firstly to establish, and secondly to extend the mandate of the Open-Ended Working Group (OEWG aimed at progressively negotiating a draft United Nations declaration on the right to peace. The OEGW welcomed in its second session (July 2014 the approach of the Chairperson-Rapporteur, which is basically based on the relationship between the right to life and human rights, peace and development.

  4. Human Rights Discourse in the Sustainable Development Agenda Avoids Obligations and Entitlements

    Science.gov (United States)

    Williams, Carmel; Blaiklock, Alison

    2016-01-01

    Our commentary on Forman et al paper explores their thesis that right to health language can frame global health policy responses. We examined human rights discourse in the outcome documents from three 2015 United Nations (UN) summits and found rights-related terms are used in all three. However, a deeper examination of the discourse finds the documents do not convey the obligations and entitlements of human rights and international human rights law. The documents contain little that can be used to empower the participation of those already left behind and to hold States and the private sector to account for their human rights duties. This is especially worrying in a neoliberal era. PMID:27285518

  5. The Evolution of the Right of Individuals to Seise the European Court of Human Rights

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2010-01-01

    The year 2009 was a milestone for the European Court of Human Rights ("ECtHR" or "the Court") in at least two ways. On the bright side, the Court can celebrate its 50th anniversary and its continuous role as principal promoter of human rights in the now 47 Member States of the Council of Europe...... ("CoE" or "the Council"). However, 2009 was also the year in which the number of pending cases before the Court passed the disturbing 100,000 benchmark. Paradoxically, the main reason for both the Court's success and its current crisis is the right of petition of individuals. The present article...... contains a detailed inquiry into the coming into existence of this central feature of the control machinery of European Convention for the Protection of Human Rights and Fundamental Freedoms ("ECHR" or "the Convention") that was labelled a breakthrough in the field of human rights as well as in general...

  6. Religious Human Rights and Peace Interrelationship between Human Rights and Peace

    Directory of Open Access Journals (Sweden)

    Carl Wellman

    2015-11-01

    Full Text Available This paper assumes the author’s conceptual analysis of rights as complexes of Hohfeldian positions that confer dominion on the right-holder in face of one or more second parties and his theory of moral reasons as essentially social dual-aspect practical reasons, both explained in previously published books. It analyses the international human right to have or adopt a religion or belief of one’s choice and the international human right to manifest one’s religion or belief in worship, observance, practice and teaching as liberties of individual human beings protected by duties of non-interference and immunities from extinction holding against State Parties. It then identifies their moral grounds, the most important moral justifications for recognizing and maintaining these religious human rights in international law. It suggests that these are analogous moral religious human rights and some of the morally proper purposes of international law, including the promotion of international peace. It explains how the problematic human rights to change one’s religion or belief and to proselytize one’s religion or belief can be derived from the more basic human rights to have or adopt a religion or belief and to manifest one’s religion or belief respectively. It examines the reasons that many deny these rights and argues that, correctly interpreted, they are morally justified. Finally it reexamines the question as to whether the human rights to have or adopt a religion or belief and to manifest one’s religion or belief do more to threaten or to promote peace. It argues that although these human rights threaten peace to a limited extent, on balance they would, if universally respected, protect and enhance both internal and international peace even more. It concludes that there are two important relations between these religious human rights and peace. Both would be conducive to peace were they universally respected. And this fact is one of the

  7. Accommodating the Right to Development in Kosovo: A Human Rights Perspective

    OpenAIRE

    Remzije Istrefi

    2017-01-01

    The right to development is the right of individuals and peoples to an enabling environment for development that is equitable, sustainable, and participatory and in accordance with the full range of human rights and fundamental freedoms. A wide range of international law on development exists, and numerous Declarations and Programs of Action from the UN World Conferences have been proclaimed. Nevertheless, due to its nature and its legal status the right to development continues t...

  8. A Human Right to Identity Formation? Identity, Politics, and the Universality of Human Rights

    Directory of Open Access Journals (Sweden)

    Richard T. Peterson

    2006-12-01

    Full Text Available This paper will build on ideas I presented at the previous conference (in 2003 on human rights at Mofid University. In that paper, I argued that it is a mistake to view human rights as the expression of a specific culture or historical identity (e.g., that of the “West”. Instead, human rights are better understood as historically emergent universals created in the conflict and interaction of various social groups with contrasting interests, cultural understandings, and identities. The aim of preserving a specific culture, religion, or historical identity against cultural imperialism or other kinds of domination can be supported by appealing to a human right to the formation of distinctive identities. Therefore this human right can contribute to a plurality of identities within the global network of societies that is emerging today. The aim of this paper is to develop this idea of a human right to identity formation دراین مقاله مخالفت خود را با تردید در جهان‌شمولی حقوق بشر اعلام کرده‌ام. این تردید، بر این باور مبتنی است که حقوق بشر، امری تحمیلی ازسوی غرب می‌باشد. من دلایلی برای انکار این نظر که حقوق بشر تماماً غربی است ارائه کرده، به وجوهی اشاره کردم که در واقع خیزش حقوق بشر، دست کم تا حدودی، ناشی از مبارزاتی است که با سلطة قدرت‌های غربی صورت می‌گیرد. این شیوه از استدلال، نیازمند انکار این مطلب نیست که زبان حقوق بشر گاه شکل سیاست‌هایی را گرفته که تمایز فرهنگ‌های دیگر را نمی‌توانند بفهمند (تشخیص دهند و از نابرابری جهانی ثروت و قدرت غفلت کرده‌اند، یا حتی از آن به نحو تلویحی حمایت

  9. The Human Rights Act: What are the implications for older people?

    Science.gov (United States)

    2001-06-01

    Help the Aged is launching a report outlining the terms of the Human Rights Act and its implications both for older people themselves and for public bodies responsible for providing services to them. Tessa Harding, head of policy at Help the Aged said: 'The Human Rights Act is an important turning point for older people. Not only does it establish key rights of individuals to freedom from inhuman and degrading treatment, to private and family life and so on; it also prohibits discrimination in accessing these rights.We expect older people and their advocates to use the Act to ensure greater fairness and equality in our society.'

  10. Public policies: right to learn and formative assessment

    Directory of Open Access Journals (Sweden)

    Antonio Chizzotti

    2016-09-01

    Full Text Available This paper deals with the right to learn in school type education and considers the assessment as assurance of teaching and learning quality. It deals with the current evaluation processes and discriminatory misconceptions of merely summative assessments, which tend to qualify students. This text evaluates the punitive bias of meritocratic grading of learning and argues that only formative assessment can ensure the right to learn

  11. Securing Human Rights on the Post-Soviet Space

    Directory of Open Access Journals (Sweden)

    Rustam A. Kasyanov

    2015-01-01

    Full Text Available Abstract: A lot of profound political, economic, social, cultural and legislative modifications have happened on the post-Soviet space since the disintegration of the USSR. The term “post-Soviet space” should not be considered as the geographical boundaries of the fifteen former Soviet republics. The conception of the “post-Soviet space” has a more profound meaning as it reflects the common historical and cultural heritage as well as close economic relations, moreover, friendship between the citizens of the new independent States. The most developed sphere in the interstate relations nowadays is economics. The most prime example is Eurasian Economic Union (EEU, the youngest integration institution in the world which unites five countries willing to construe their relationship on a stronger basis than the proposed format of cooperation within the Commonwealth of the Independent States. In the modern world the economic and financial interests are determining, their ensuring makes the governments change foreign and domestic policies, start and terminate trade wars, desperately fight for the respect of their legal rights or, on the contrary, voluntarily give up on some parts of their sovereignty in the framework of integration development. The experience of the European Union demonstrates that the construction of the unified internal market within which freely move persons, goods, services and capitals is a necessary but not the only attribute of a successful integration project. At a certain moment the complex of economic and financial interests should be supplied with the interests of a concrete person. A strict observation of rights and freedoms is becoming a factor that predetermines a possibility of a conversion to the higher forms of integration. In this article is analyzed the problem of human rights defense in the main organizations functioning on the post-Soviet space - Eurasian Economic Union and Commonwealth of the Independent

  12. Visual graphics for human rights, social justice, democracy and the ...

    African Journals Online (AJOL)

    The value of human rights in a democratic South Africa is constantly threatened and often waived for nefarious reasons. We contend that the use of visual graphics among incoming university visual art students provides a mode of engagement that helps to inculcate awareness of human rights, social responsibility, and the ...

  13. Human rights and the new sustainable mechanism of the Paris ...

    African Journals Online (AJOL)

    Looking back at the experience of the Clean Development Mechanism (CDM) of the Kyoto Protocol, which bears great resemblance to the SDM, as well as to the human rights concerns raised during its implementation, the integration of human rights considerations into the SDM and its governing rules seems to be ...

  14. Safe water: an enquiry into water entitlements and human rights

    NARCIS (Netherlands)

    Gaay Fortman, B. de

    2006-01-01

    Privatisation of water delivery is a human rights issue in two distinct ways. Firstly, it implies an institutional change that will tend to impinge on existing access to water. While basic water entitlements are supposed to be protected by human rights law, this is likely to influence

  15. Images of Struggle: Teaching Human Rights with Graphic Novels

    Science.gov (United States)

    Carano, Kenneth T.; Clabough, Jeremiah

    2016-01-01

    The authors explore how graphic novels can be used in the middle and high school social studies classroom to teach human rights. The article begins with a rationale on the benefits of using graphic novels. It next focuses on four graphic novels related to human rights issues: "Maus I: A Survivor's Tale: My Father Bleeds" (Speigelman…

  16. Professionalizing a Global Social Movement: Universities and Human Rights

    Science.gov (United States)

    Suarez, David; Bromley, Patricia

    2012-01-01

    Research on the human rights movement emphasizes direct changes in nation-states, focusing on the efficacy of treaties and the role of advocacy in mitigating immediate violations. However, more than 140 universities in 59 countries established academic chairs, research centers, and programs for human rights from 1968-2000, a development that…

  17. A Narratable Self as Addressed by Human Rights

    Science.gov (United States)

    Adami, Rebecca

    2017-01-01

    The paper extends the critique in earlier research of human rights as exclusive of otherness and difference by introducing the work of Adriana Cavarero (2000) on a "narratable self." Hence, the formation of human rights is thus about the relations between different narratable selves, not just Western ones. A narrative learning, drawing…

  18. Toward a Critical-Sentimental Orientation in Human Rights Education

    Science.gov (United States)

    Zembylas, Michalinos

    2016-01-01

    This paper addresses one of the challenges in human rights education (HRE) concerning the conceptualization of a pedagogical orientation that avoids both the pitfalls of a purely juridical address and a "cheap sentimental" approach. The paper uses as its point of departure Richard Rorty's key intervention on human rights discourse and…

  19. Teaching "Islam and Human Rights" in the Classroom

    Science.gov (United States)

    Muedini, Fait A.

    2012-01-01

    This article discusses my approach to teaching a course on Islam and human rights. I begin by examining the attention Islam has received in the media and classroom. Then, I discuss how I structure lectures on Islam and human rights, the various readings associated with the lectures, as well as common themes discussed in class that include but are…

  20. Human Rights Education and the International Baccalaureate Diploma Programme

    Science.gov (United States)

    Froman, Nica

    2015-01-01

    In 2003, the International Baccalaureate Diploma Programme (IBDP)--a program implemented in thousands of schools globally--introduced a human rights course (Makivirta, 2003). This curriculum is the first of its kind to hold potential widespread influence on human rights education in the formal education sector. In this study, I analyze the…

  1. Human Rights and History Education: An Australian Study

    Science.gov (United States)

    Burridge Nina; Buchanan, John; Chodkiewicz, Andrew

    2014-01-01

    The place of education for and about human rights within the school curriculum remains contested and this paper reports on the first national cross-sectoral investigation of its place in Australian curricula and more specifically in national and state History curriculum documents. Opportunities for the inclusion of human rights based studies were…

  2. Reconceptualizing Social Work Behaviors from a Human Rights Perspective

    Science.gov (United States)

    Steen, Julie A.

    2018-01-01

    Although the human rights philosophy has relevance for many segments of the social work curriculum, the latest version of accreditation standards only includes a few behaviors specific to human rights. This deficit can be remedied by incorporating innovations found in the social work literature, which provides a wealth of material for…

  3. Education as a Human Right in the 21st Century

    Science.gov (United States)

    Lee, Sharon E.

    2013-01-01

    According to the United Nations, education is a right to which all human beings are entitled. Since 2000, the UN has been promoting the Millennium Development Goal to achieve free universal primary education for all, regardless of gender, by 2015. If the UN is correct to suggest that education is both a human right in itself and an indispensable…

  4. The Transformative Potential of Human Rights in Conflict Resolution

    NARCIS (Netherlands)

    Parlevliet, M.; Fuentes Julio, C.; Drumond, P.

    2018-01-01

    This chapter discusses the relevance of considering human rights in the context of conflict resolution interventions and processes, arguing that doing so can enhance the transformative potential of such efforts. It contends that incorporating a human rights perspective in our analysis of and

  5. Towards a Human Rights Culture in Social Work Education

    Science.gov (United States)

    Werkmeister Rozas, Lisa; Garran, Ann Marie

    2016-01-01

    A human rights perspective must be embedded in the institutions, organisations or agencies where social work students find themselves. This paper will focus on one particular strategy that could be helpful to the process of solidifying a commitment to human rights for our students. Using a pedagogical tool from a school of social work in the USA originally developed to combat the social injustice of racism, the example transcends the academic institution and offers a solid link in connecting human rights, social justice and social work. Using the construct of critical realism, we argue that, for social work programmes to take steps towards an explicit commitment to human rights, not only must human rights be infused throughout the curriculum, but educators must provide opportunities for making more overt the links between human rights principles, social justice and social work. By addressing behaviours, tendencies and attitudes, students then acquire not only the skills and deeper understanding, but they internalise the motivation and commitment to broaden their human rights frame. In the process of developing a more firm commitment to human rights, we must not be limited to the walls of the academy, but rather extend beyond to our field agencies, organisations and communities. PMID:27559204

  6. [Ethics, inequality, poverty and human rights in psychiatry].

    Science.gov (United States)

    Pérez De Nucci, Armando M

    2007-01-01

    This article aims to show the existence of important failures in the field of Human Rights and equal possibilities in health. Human rights are analyzed an developed in the field of public and social health in our country. Ethics is the main field proposed to reach solutions in the context on EPEP (Etica para la erradicación de la pobreza).

  7. Towards a Human Rights Culture in Social Work Education.

    Science.gov (United States)

    Werkmeister Rozas, Lisa; Garran, Ann Marie

    2016-06-01

    A human rights perspective must be embedded in the institutions, organisations or agencies where social work students find themselves. This paper will focus on one particular strategy that could be helpful to the process of solidifying a commitment to human rights for our students. Using a pedagogical tool from a school of social work in the USA originally developed to combat the social injustice of racism, the example transcends the academic institution and offers a solid link in connecting human rights, social justice and social work. Using the construct of critical realism, we argue that, for social work programmes to take steps towards an explicit commitment to human rights, not only must human rights be infused throughout the curriculum, but educators must provide opportunities for making more overt the links between human rights principles, social justice and social work. By addressing behaviours, tendencies and attitudes, students then acquire not only the skills and deeper understanding, but they internalise the motivation and commitment to broaden their human rights frame. In the process of developing a more firm commitment to human rights, we must not be limited to the walls of the academy, but rather extend beyond to our field agencies, organisations and communities.

  8. Interdisciplinary Teaching of Theatre and Human Rights in Honors

    Science.gov (United States)

    Szasz, Maria

    2017-01-01

    Since spring 2012, the author has taught a 300-level Theatre and Human Rights class in the University of New Mexico Honors College. One of the centerpieces of honors education is careful research and thorough analysis of what is taught and why it is taught. In creating the honors class Theatre and Human Rights, the author explored how she would…

  9. Human Rights Education, Postcolonial Scholarship, and Action for Social Justice

    Science.gov (United States)

    Osler, Audrey

    2015-01-01

    In our global age, educational researchers and practitioners need tools that can be applied in a range of contexts and scales: local, national, and international. This article argues that human rights education (HRE) is a site of struggle in which human rights and democracy need to be constantly renewed. It contextualizes HRE within a critical,…

  10. The Birth of the Universal Declaration of Human Rights.

    Science.gov (United States)

    Cooper, Michael

    1998-01-01

    Outlines the history of the ideals and enactment of the United Nations' Universal Declaration of Human Rights (UDHR). Includes a discussion of the origins of the concept of human rights, the impact of World War II, the role of nongovernmental organizations, and the process of drafting and adopting the UDHR. (DSK)

  11. Human Rights and Values Education: Using the International Standards.

    Science.gov (United States)

    Reardon, Betty A.

    1994-01-01

    Asserts that, in teaching about human rights, the international standards should be the fundamental core of the content and values to be communicated. Recommends that teachers should use the Universal Declaration of Human Rights as the standard by which the actions of individuals and governments should be compared. (CFR)

  12. Universal Declaration of Human Rights: 40th Anniversary.

    Science.gov (United States)

    Adams, Juanita, Ed.

    December 10, 1988, marks the 40th anniversary of the adoption by the United Nations of the Universal Declaration of Human Rights. The Declaration represents the first comprehensive, global statement on basic human rights, embracing many of the values long held by U.S. citizens; and it urges all peoples and all nations to promote respect for the…

  13. Young Children's Enactments of Human Rights in Early Childhood Education

    Science.gov (United States)

    Quennerstedt, Ann

    2016-01-01

    This paper explores ways in which human rights become part of and affect young children's everyday practices in early childhood education and, more particularly, how very young children enact human rights in the preschool setting. The study is conducted in a Swedish preschool through observations of the everyday practices of a group of children…

  14. The Accountability of Armed Groups under Human Rights Law

    NARCIS (Netherlands)

    Fortin, K.M.A.

    2015-01-01

    The starting point for this NWOI funded Ph.D. research is the observation that although UN accountability mechanisms are increasingly holding armed groups ‘accountable’ under human rights law, the legal basis for the responsibility of armed groups under human rights law remains controversial

  15. The world trade organisation and Human Rights: The role of ...

    African Journals Online (AJOL)

    This contribution attempts to make clear what these activities are and how they may affect the protection of human rights. The implementation of good governance principles in international organisations can be considered a sine qua non for the realisation of human rights. Therefore, it will be examined what role the ...

  16. Development of society and human rights and freedom

    Directory of Open Access Journals (Sweden)

    Vilić Dragana

    2015-01-01

    Full Text Available This paper examines the direct connection between the development of human society and progress in the realization of and respect for human rights and freedoms, as well as a number of problems that stand in the way for their full realization. The Company to its characteristics should allow the free development of man to protect his rights, freedom and autonomy. On the other hand, an individual has an active role in building a society whose form is: economic development, permanent democratization of social relations, development and dissemination of human rights and freedoms, the existence of the rule of law and so on. Degree of respect for human rights and freedoms measured level of development achieved and the characteristics of democracy in a society. The main causes of their violations and neglect, as well as the social climate and miles of contributing to this are: domination of one ideology, cultural closeness, economic underdevelopment and the like. As an example, of vulnerable groups in the realization of human rights can be given: the poor, women, children, immigrants, same-sex oriented persons, etc. The paper presents the view Alain Touraine in the development of human society and, related to it, the development of human rights, who was going in the direction of the transformation of rights from abstract to concrete rights, with particular emphasis on cultural rights.

  17. The right to health of prisoners in international human rights law.

    Science.gov (United States)

    Lines, Rick

    2008-01-01

    This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non-binding or so-called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.

  18. Discrimination against women and the human rights of women

    Directory of Open Access Journals (Sweden)

    Žunić Natalija

    2014-01-01

    Full Text Available This paper investigates the concept of the human rights of women and its connection with the phenomenon and the instances of discrimination against women. Discrimination against women, its social visibility and the fight against it, within the idea of the rights and the equality of women, are a source of many theoretical debates. Academic discussions and a powerful influence of the women's movement have brought about the establishment and the exercise of the human rights of women at different levels of the public and the private spheres of society, as a substantial part of the universal regime of human rights.

  19. Profiles of four women. Health and human rights activists.

    Science.gov (United States)

    Reiner, L; Sollom, R

    1997-01-01

    This article briefly profiles four women physicians working for health and human rights around the world. Dr. Ruchama Marton, an Israeli psychiatrist and activist for peace in the Middle East, is a founder of Physicians for Human Rights/Israel. Dr. Jane Green Schaller is a US pediatrician whose 1985 trip to South Africa initiated her human rights involvement, which includes the founding of Physicians for Human Rights. Dr. Judith van Heerden, a primary care physician in South Africa, has worked for reform of prison health care, to establish hospice care, and, most recently, for acquired immune deficiency syndrome (AIDS) education for medical students. Dr. Ma Thida, the only physician not interviewed for this article, is currently held in a Burmese prison because of her work on behalf of the National League for Democracy. The profiles suggest the breadth of human rights work worldwide and are a testament to what physicians can do.

  20. Mapping Progress : Human Rights and International Students in Australia

    Directory of Open Access Journals (Sweden)

    Andrew Jakubowicz

    2015-12-01

    Full Text Available The rapid growth in international student numbers in Australia in the first decade of the  2000s was accompanied by a series of public crises. The most important of these was the outbreak in Melbourne Victoria and elsewhere of physical attacks on the students. Investigations at the time also pointed to cases of gross exploitation, an array of threats that severely compromised their human rights. This paper reviews and pursues the outcomes of a report prepared by the authors in 2010 for Universities Australia and the Human Rights Commission. The report reviewed social science research and proposed a series of priorities for human rights interventions that were part of the Human Rights Commission’s considerations.  New activity, following the innovation of having international students specifically considered by the Human Rights Commission, points to initiatives that have not fully addressed the wide range of questions at state.

  1. Conscientious objection to military service in international human rights instruments

    OpenAIRE

    Kavaliauskaitė, Ernesta

    2010-01-01

    Current debates on conscientious objection to military service reveal a conflict between conscription and individual freedom of conscience; they question the scope of human rights and liberties as well as raise an issue of their extension. The majority of member states of UN and CoE officially recognize a right to conscientious objection. However, the flow of complaints to international human rights monitoring bodies demonstrates absence of a general consensus on the concept, origin and legal...

  2. Discrimination against women and the human rights of women

    OpenAIRE

    Žunić Natalija

    2014-01-01

    This paper investigates the concept of the human rights of women and its connection with the phenomenon and the instances of discrimination against women. Discrimination against women, its social visibility and the fight against it, within the idea of the rights and the equality of women, are a source of many theoretical debates. Academic discussions and a powerful influence of the women's movement have brought about the establishment and the exercise of the human rights of women at different...

  3. The Kenyan national response to internationally agreed sexual and reproductive health and rights goals: a case study of three policies.

    Science.gov (United States)

    Oronje, Rose N

    2013-11-01

    While priorities for, and decision-making processes on, sexual and reproductive health and rights have been determined and led mainly at the international level, conflicting power dynamics and responses at the national level in some countries have continued to pose challenges for operationalising international agreements. This paper demonstrates how these conflicts have played out in Kenya through an analysis of three policy-making processes, which led to the Adolescent Reproductive Health and Development Policy (2003), the Sexual Offences Act (2006), and the National Reproductive Health Policy (2007). The paper is based on data from a broader study on the drivers and inhibitors of sexual and reproductive health policy reform in Kenya, using a qualitative, case study design. Information was gathered through 54 semi-structured, in-depth interviews with governmental and civil society policy actors and an extensive review of policy documents and media reports. The paper shows that the transformative human rights framing of access to sexual and reproductive health, supported by both a strong global women's rights movement and progressive governmental and inter-governmental actors to defeat opposition to sexual and reproductive health and rights at the international level, has not been as influential or successful at the national level in Kenya, and has made comprehensive national reforms difficult to achieve. Copyright © 2013 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  4. 1 The Inscription of Fundamental Human Rights and the Liberation ...

    African Journals Online (AJOL)

    NGOZI

    dignity of the human person, the right to freedom from discrimination and the right ... exist in spite of women's legally guaranteed rights as inscribed in the constitution ..... and single – for they condone it and are not in a hurry to do away with it.

  5. Strengthening Locus Standi in Human Rights Litigation in Zimbabwe ...

    African Journals Online (AJOL)

    MJM Venter

    2016-05-30

    May 30, 2016 ... approach is likely to impact on the right to access to justice and human rights protection. 2. Locus standi ... Committee on Economic, Social and Cultural Rights General Comment 9: The. Domestic .... animosity towards an accused, in bad faith and without any warrant, were to rule that the question raised by ...

  6. Public Participation in Times of Privatisation: A Human Rights Analysis

    NARCIS (Netherlands)

    J.D. Temperman (Jeroen)

    2011-01-01

    markdownabstract__Abstract__ Privatisation may not only affect the enjoyment of the right to public participation itself, but might also impact other substantive rights. This article charts some of the ramifications of privatisation in relation to individual human rights as enshrined in

  7. Evaluation of Human Rights Violations in Student Personnel ...

    African Journals Online (AJOL)

    A five point Likert scale instrument, Students Legal Rights Protection Questionnaire (SLRPQ) was used for data collection and analyzed using the population (one sample t-test), at .05 level of significance. The finding was that there is significant violation of secondary school students' rights (right to dignity of human person, ...

  8. HOW UNIVERSAL ARE THE UNIVERSAL HUMAN RIGHTS TODAY?

    Directory of Open Access Journals (Sweden)

    Lia-Alexandra BALTADOR

    2016-12-01

    Full Text Available This paper aims to contribute to a constructive debate on human rights. The two World Wars of the last century brought about the creation of the United Nations aimed “to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small”. Only three years later the Universal Declaration of the Human Rights was elaborated and promoted by the UN, considered to be the foundation of international human rights law. Today, as globalization brings all closer together in a “global village”, one can see that there are many ways to perceive and guarantee human rights, in different states, but also within different states. Poverty, illiteracy, censorship, cruel treatment and even the lack of guarantee for the right to life are, unfortunately, the norm for many people of the world. Such observations bring up questions regarding the legitimacy, universality and coherence of human rights.

  9. Human rights and intellectual disabilities in an era of 'choice'.

    Science.gov (United States)

    Fyson, R; Cromby, J

    2013-12-01

    Efforts to uphold and promote the human rights of people with intellectual disabilities (ID) are being affected by the increasing emphasis on 'choice' in the delivery of social care services. While rights presume subjects or selves to whom they apply, there is a disconnect between the subjects presumed within human rights frameworks and the variable capacities of a heterogeneous ID population. This disconnect is amplified by choice discourses which characterise current service provision based upon neoliberal ideologies. Conceptual assumptions and theoretical positions associated with human rights in relation to people with ID are critically examined. The analysis results in an argument that current conceptualisations of personhood in relation to human rights exclude people with ID. The adverse effects of this exclusion are exacerbated within services which emphasise the permissive rights associated with a neoliberal agenda of 'choice' over protective rights. In order to ensure that the human rights of people with ID are upheld, neoliberal emphases on choice need to be tempered and a more nuanced and inclusive notion of personhood in relation to universal human rights needs to be adopted. © 2012 The Authors. Journal of Intellectual Disability Research © 2012 John Wiley & Sons Ltd, MENCAP & IASSID.

  10. The human right to sustainable development in solidarity with Nature

    Directory of Open Access Journals (Sweden)

    Anya Teresa Parrilla Díaz

    2017-06-01

    Full Text Available This article addresses the issue of human development as a universal right subjected to the welfare of Nature. Nature is presented as supporter of life and supplier of the essential resources needed to achieve a complete human development. In light of the global ecological crisis, the author proposes sustainable development as the central framework for a new human development that can be fairer to Nature and to mankind. The challenge of sustainable human development consists in viewing Nature from an ethical perspective of human rights and solidarity.

  11. Breast screening policy: Are we heading in the right direction?

    International Nuclear Information System (INIS)

    Evans, A.; Whelehan, P.

    2011-01-01

    There is a large body of evidence supporting 2-yearly screening of women aged 50-69 years. There is good evidence for a mortality reduction from mammographic screening in women aged 40 to 49 years but a 1-year interval is required. The lack of specificity of screening in young women does remain a problem. There is no evidence to suggest that a single screen between the ages of 47 and 50 years within a programme screening at 3-year intervals will reduce mortality; the trials showing a mortality benefit in women in their 40s included multiple screening episodes and shorter screening intervals. There is no randomized, controlled trial evidence to support screening in women aged above 70 years and screening this age group will cause greater harm than in younger women through higher rates of over-diagnosis and consequent over-treatment. The randomized phase of the screening age extension, which at the moment is planned to last only 6 years, should not be immediately followed by general implementation of the policy. Only if and when additional mortality reductions and an acceptable balance between benefit and harms are shown to be achieved by the extra screens should the 2007 Cancer Reform Strategy policy on age extension be implemented. Resources saved by delaying or abandoning the roll-out of the age extension could potentially be redirected towards reducing the current 3 year screening interval to 2 years in women aged 50-69 years. However, reducing the screening interval to 2 years for women aged 50-69 years would require significantly more screening invitations and resources than the proposed age extension.

  12. Breast screening policy: Are we heading in the right direction?

    Energy Technology Data Exchange (ETDEWEB)

    Evans, A., E-mail: a.z.evans@dundee.ac.uk [Dundee Cancer Centre, Ninewells Hospital and Medical School, University of Dundee, Dundee (United Kingdom); Whelehan, P. [Dundee Cancer Centre, Ninewells Hospital and Medical School, University of Dundee, Dundee (United Kingdom)

    2011-10-15

    There is a large body of evidence supporting 2-yearly screening of women aged 50-69 years. There is good evidence for a mortality reduction from mammographic screening in women aged 40 to 49 years but a 1-year interval is required. The lack of specificity of screening in young women does remain a problem. There is no evidence to suggest that a single screen between the ages of 47 and 50 years within a programme screening at 3-year intervals will reduce mortality; the trials showing a mortality benefit in women in their 40s included multiple screening episodes and shorter screening intervals. There is no randomized, controlled trial evidence to support screening in women aged above 70 years and screening this age group will cause greater harm than in younger women through higher rates of over-diagnosis and consequent over-treatment. The randomized phase of the screening age extension, which at the moment is planned to last only 6 years, should not be immediately followed by general implementation of the policy. Only if and when additional mortality reductions and an acceptable balance between benefit and harms are shown to be achieved by the extra screens should the 2007 Cancer Reform Strategy policy on age extension be implemented. Resources saved by delaying or abandoning the roll-out of the age extension could potentially be redirected towards reducing the current 3 year screening interval to 2 years in women aged 50-69 years. However, reducing the screening interval to 2 years for women aged 50-69 years would require significantly more screening invitations and resources than the proposed age extension.

  13. The interface of mental health and human rights in Indigenous peoples: triple jeopardy and triple opportunity.

    Science.gov (United States)

    Tarantola, Daniel

    2007-01-01

    Insufficient understanding of the reciprocal interactions between health and human rights, mental health and human rights and the realization of all human rights by Indigenous peoples constitute a triple jeopardy in how these topics are currently being addressed and/or openly antagonized. This paper will attempt to show how a combined health and human rights approach to mental health in Indigenous peoples can transform a triple jeopardy into a triple opportunity. The vast and growing body of literature on mental health, health as a whole, and human rights as these relate to health and to Indigenous peoples will be used to frame the discussion. Attention to the complex interactions of health and human rights can guide policy formulation and action by offering a method of analysis, a process of participatory decision and a framework for accountability. In addition, mental health can find its rightful place in the health and human rights discourse through efforts to help policymakers and practitioners broaden their vision of mental illness to holistically encompass aspects of physical, social, emotional and cultural wellbeing. Finally, connecting the role that rights realization plays in determining health and wellbeing will add power to the rightful claims by Indigenous peoples to the promotion and protection of all their human rights--civil, political, economic, social and cultural. Broadening the research agenda by applying systematically a health and human rights analytical framework to the understanding of social determinants of health would minimize the risk of assigning health outcome merely to behaviours, practices and lifestyles, uncovering structural determinants of holistic health entrenched in policies and governmental conduct. Building the evidence of the negative impact of human rights violation on health and the negative impact of ill-health on the fulfilment of other human rights can help in designing comprehensive interventions, building on the

  14. A tool for improving the management of social and human rights risks at project sites: The Human Rights Sphere

    NARCIS (Netherlands)

    van der Ploeg, Lidewij; Vanclay, Frank

    2017-01-01

    This paper identifies and addresses the challenges of implementing the corporate responsibility to respect human rights in practice at project sites. To support on-ground operational staff, we offer the Human Rights Sphere (HRS), a practical tool we developed from empirical research in three

  15. A tool for improving the management of social and human rights risks at project sites : The Human Rights Sphere

    NARCIS (Netherlands)

    van der Ploeg, Lidewij; Vanclay, Frank

    2017-01-01

    This paper identifies and addresses the challenges of implementing the corporate responsibility to respect human rights in practice at project sites. To support on-ground operational staff, we offer the Human Rights Sphere (HRS), a practical tool we developed from empirical research in three

  16. Health care and human rights: against the split duty gambit.

    Science.gov (United States)

    Sreenivasan, Gopal

    2016-08-01

    There are various grounds on which one may wish to distinguish a right to health care from a right to health. In this article, I review some old grounds before introducing some new grounds. But my central task is to argue that separating a right to health care from a right to health has objectionable consequences. I offer two main objections. The domestic objection is that separating the two rights prevents the state from fulfilling its duty to maximise the health it provides each citizen from its fixed health budget. The international objection is that separating a human right to health care fails the moral requirement that, for any given moral human right, the substance to which any two right-holders are entitled be of an equal standard.

  17. Grassroots Responsiveness to Human Rights Abuse: History of the Washtenaw Interfaith Coalition for Immigrant Rights

    Science.gov (United States)

    Sanders, Laura; Martinez, Ramiro; Harner, Margaret; Harner, Melanie; Horner, Pilar; Delva, Jorge

    2013-01-01

    The purpose of this article is to discuss how a community agency based in Washtenaw County, the Washtenaw Interfaith Coalition for Immigration Rights (WICIR), emerged in response to increasing punitive immigration practices and human rights abuses toward the Latino community. The article discusses how WICIR is engaged in advocacy, community…

  18. Human rights violations against sex workers: burden and effect on HIV.

    Science.gov (United States)

    Decker, Michele R; Crago, Anna-Louise; Chu, Sandra K H; Sherman, Susan G; Seshu, Meena S; Buthelezi, Kholi; Dhaliwal, Mandeep; Beyrer, Chris

    2015-01-10

    We reviewed evidence from more than 800 studies and reports on the burden and HIV implications of human rights violations against sex workers. Published research documents widespread abuses of human rights perpetrated by both state and non-state actors. Such violations directly and indirectly increase HIV susceptibility, and undermine effective HIV-prevention and intervention efforts. Violations include homicide; physical and sexual violence, from law enforcement, clients, and intimate partners; unlawful arrest and detention; discrimination in accessing health services; and forced HIV testing. Abuses occur across all policy regimes, although most profoundly where sex work is criminalised through punitive law. Protection of sex workers is essential to respect, protect, and meet their human rights, and to improve their health and wellbeing. Research findings affirm the value of rights-based HIV responses for sex workers, and underscore the obligation of states to uphold the rights of this marginalised population. Copyright © 2015 Elsevier Ltd. All rights reserved.

  19. THE IMPACT OF THE WTO RETALIATION FROM THE PERSPECTIVE OF HUMAN RIGHTS LAW

    Directory of Open Access Journals (Sweden)

    Intan Innayatun Soeparna

    2008-10-01

    Full Text Available World Trade Organization (WTO dispute settlement system through Panel and Appellate Body, allows sanction to be imposed when a member is unwilling to bring a WTO-inconsistent trade measure into conformity. According to the Article 22 of Dispute Settlement Understanding (DSU, if in a certain case WTO Panel finds a party has failed to make new policy in compliance with the WTO rules, the aggrieved party is entitled to obtain retaliation. The WTO retaliation emerges negative impact for some countries in particular developing or small economic countries. This impact denotes the violation of international human rights law, particularly economic rights that stipulate in Universal Declaration of Human Rights (UDHR, International Covenant on Civil and Political Rights (ICCPR, and the International Covenant on Economic, Social and Cultural Rights (ICESCR. This paper explains the impact that arises when WTO retaliation is imposed to a country whether a developed or developing country, from the perspective of international human rights law.

  20. Human rights from the grassroots up: Vermont's campaign for universal health care.

    Science.gov (United States)

    McGill, Mariah

    2012-06-15

    In 2008, the Vermont Workers' Center launched the "Healthcare Is a Human Right Campaign," a grassroots campaign to secure the creation of a universal health care system in Vermont. Campaign organizers used a human rights framework to mobilize thousands of voters in support of universal health care. In response to this extraordinary grassroots effort, the state legislature passed health care legislation that incorporates human rights principles into Vermont law and provides a framework for universal health care. The United States has often lagged behind other nations in recognizing economic, social, and cultural (ESC) rights, including the right to health. Nonetheless, activists have begun to incorporate ESC rights into domestic advocacy campaigns, and state and local governments are beginning to respond where the federal government has not. Vermont serves as a powerful example of how a human rights framework can inform health care policy and inspire grassroots campaigns in the United States. This three-part article documents the Vermont Workers' Center campaign and discusses the impact that human rights activity at the grassroots level may have on attitudes towards ESC rights in the United States. The first part describes the Vermont health care crisis and explains why the center adopted international human rights principles for their campaign. The article then goes on to discuss the three-year campaign and analyze the health care reform bill that the Vermont legislature passed. Finally, the article discusses the campaign's local and national impact. Copyright © 2012 McGill.

  1. The Role of International Human Rights Norms in the Liberalization of Abortion Laws Globally

    Science.gov (United States)

    Fine, Johanna B.; Mayall, Katherine; Sepúlveda, Lilian

    2017-01-01

    Abstract International and regional human rights norms have evolved significantly to recognize that the denial of abortion care in a range of circumstances violates women’s and girls’ fundamental human rights. These increasingly progressive standards have played a critical role in transforming national-level abortion laws by both influencing domestic high court decisions on abortion and serving as a critical resource in advancing law and policy reform. Courts in countries such as Argentina, Bolivia, Brazil, Colombia, and Nepal have directly incorporated these standards into groundbreaking cases liberalizing abortion laws and increasing women’s access to safe abortion services, demonstrating the influence of these human rights standards in advancing women’s reproductive freedom. These norms have also underpinned national-level abortion law and policy reform, including in countries such as Spain, Rwanda, Uruguay, and Peru. As these human rights norms further evolve and increasingly recognize abortion as a human rights imperative, these standards have the potential to bolster transformative jurisprudence and law and policy reform advancing women’s and girls’ full reproductive autonomy. PMID:28630542

  2. Introduction: Radical Teaching About Human Rights Part II

    Directory of Open Access Journals (Sweden)

    Michael Bennett

    2016-02-01

    Full Text Available In our introduction to the first of these two issues of Radical Teacher devoted to “Radical Teaching About Human Rights,” we cautioned that all forms of Human Rights Education (HRE are not radical.  The problem, we pointed out, with rights discourse is that it can mask the politics of how rights are defined, whose rights are recognized, and how they are enforced.  This problem becomes evident when HRE is bound up with a neoliberal, or worse than neoliberal, perspective that points fingers at others and rallies troops for supposedly humanitarian interventions while eliding the role of the United States as an imperializing settler colonial state.  Fortunately, we have once again received several essays that seem to us to be aware of this danger and provide admirable examples of radical teaching about human rights.

  3. People who use drugs, HIV, and human rights.

    Science.gov (United States)

    Jürgens, Ralf; Csete, Joanne; Amon, Joseph J; Baral, Stefan; Beyrer, Chris

    2010-08-07

    We reviewed evidence from more than 900 studies and reports on the link between human rights abuses experienced by people who use drugs and vulnerability to HIV infection and access to services. Published work documents widespread abuses of human rights, which increase vulnerability to HIV infection and negatively affect delivery of HIV programmes. These abuses include denial of harm-reduction services, discriminatory access to antiretroviral therapy, abusive law enforcement practices, and coercion in the guise of treatment for drug dependence. Protection of the human rights of people who use drugs therefore is important not only because their rights must be respected, protected, and fulfilled, but also because it is an essential precondition to improving the health of people who use drugs. Rights-based responses to HIV and drug use have had good outcomes where they have been implemented, and they should be replicated in other countries. Copyright 2010 Elsevier Ltd. All rights reserved.

  4. PUBLIC POLICIES OF RIGHT TO EDUCATION FOR ELDERLY PATIENTS

    Directory of Open Access Journals (Sweden)

    Hamilton de Oliveira Telles Júnior

    2017-08-01

    Full Text Available The people are living more. The population is going by great transformations, so much social as technological, that point to the need of specific education processes for senior people. The seniors tend to be separated socially, with damages for his/her health and, consequently, his/her life quality. This study, of qualitative approach, has as objective to describe the public politics for the senior's education interned in hospitals or institutions and to analyze the applicable Public Politics to the education based an express analysis model by Di Giovanni, where there are the actors of this public policy and its related interests. How possible middle for attainment of a program driven to the seniors' education is evidenced in the inclusion possibility in the hospital class and the possibility of the use of education programs for youths and adults, with the initiative of third sector, that in the extent of the education no formal he/she brings great transformations for society and education for the senior.

  5. AGAINST A TRAINING FOR AN EDUCATION IN HUMAN RIGHTS

    Directory of Open Access Journals (Sweden)

    Alexandre Marinho Pimenta

    2012-06-01

    Full Text Available The theme of Human Rights is now consensual even in the counter-ideologies of the contemporary world. In support of mainly on theory and cultural criticism of slovenian Slavoj Zizek and the marxist theory, from a review of the literature, this article of exploratory nature, aims demonstrate how the Human Rights are today a liberal consensus and ideological very useful for capitalist hegemony of the post-cold war. Perceives the risk of advocating the theme of Human Rights as central to emancipatory education and training for it.

  6. The Status of Thailand's Implementation of International Treaty Obligations Regarding Linguistic Human Rights in Education

    Science.gov (United States)

    Draper, John

    2013-01-01

    Given the recent consideration by the Thai government of a national language policy, this article considers the status of Thailand's treaty obligations regarding linguistic human rights in education. It presents a general background, a brief linguistic profile of Thailand, a concise summary of the concept and importance of linguicide, and a…

  7. Towards Human Rights in South African Schools: An Agenda for Research and Practice.

    Science.gov (United States)

    Kruss, Glenda

    2001-01-01

    Develops a taxonomy of four kinds of situations in which race and other grounds for discrimination become the focus of school-level controversy surrounding equality and equity. Examines the kinds of responses and discourses South African schools use to engage with the policy discourse of desegregation and human rights and establishes an agenda for…

  8. The evolution of HIV policy in Vietnam: from punitive control measures to a more rights-based approach.

    Science.gov (United States)

    Nguyen Ha, Pham; Pharris, Anastasia; Huong, Nguyen Thanh; Chuc, Nguyen Thi Kim; Brugha, Ruairi; Thorson, Anna

    2010-08-28

    Policymaking in Vietnam has traditionally been the preserve of the political elite, not open to the scrutiny of those outside the Communist Party. This paper aims to analyse Vietnam's HIV policy development in order to describe and understand the policy content, policy-making processes, actors and obstacles to policy implementation. Nine policy documents on HIV were analysed and 17 key informant interviews were conducted in Hanoi and Quang Ninh Province, based on a predesigned interview guide. Framework analysis, a type of qualitative content analysis, was applied for data analysis. Our main finding was that during the last two decades, developments in HIV policy in Vietnam were driven in a top-down way by the state organs, with support and resources coming from international agencies. Four major themes were identified: HIV policy content, the policy-making processes, the actors involved and human resources for policy implementation. Vietnam's HIV policy has evolved from one focused on punitive control measures to a more rights-based approach, encompassing harm reduction and payment of health insurance for medical costs of patients with HIV-related illness. Low salaries and staff reluctance to work with patients, many of whom are drug users and female sex workers, were described as the main barriers to low health staff motivation. Health policy analysis approaches can be applied in a traditional one party state and can demonstrate how similar policy changes take place, as those found in pluralistic societies, but through more top-down and somewhat hidden processes. Enhanced participation of other actors, like civil society in the policy process, is likely to contribute to policy formulation and implementation that meets the diverse needs and concerns of its population.

  9. The evolution of HIV policy in Vietnam: from punitive control measures to a more rights-based approach

    Directory of Open Access Journals (Sweden)

    Pham Nguyen Ha

    2010-08-01

    Full Text Available Aim: Policymaking in Vietnam has traditionally been the preserve of the political elite, not open to the scrutiny of those outside the Communist Party. This paper aims to analyse Vietnam's HIV policy development in order to describe and understand the policy content, policy-making processes, actors and obstacles to policy implementation. Methods: Nine policy documents on HIV were analysed and 17 key informant interviews were conducted in Hanoi and Quang Ninh Province, based on a predesigned interview guide. Framework analysis, a type of qualitative content analysis, was applied for data analysis. Results: Our main finding was that during the last two decades, developments in HIV policy in Vietnam were driven in a top-down way by the state organs, with support and resources coming from international agencies. Four major themes were identified: HIV policy content, the policy-making processes, the actors involved and human resources for policy implementation. Vietnam's HIV policy has evolved from one focused on punitive control measures to a more rights-based approach, encompassing harm reduction and payment of health insurance for medical costs of patients with HIV-related illness. Low salaries and staff reluctance to work with patients, many of whom are drug users and female sex workers, were described as the main barriers to low health staff motivation. Conclusion: Health policy analysis approaches can be applied in a traditional one party state and can demonstrate how similar policy changes take place, as those found in pluralistic societies, but through more top-down and somewhat hidden processes. Enhanced participation of other actors, like civil society in the policy process, is likely to contribute to policy formulation and implementation that meets the diverse needs and concerns of its population.

  10. THE RIGHT TO SUTURES: SOCIAL EPIDEMIOLOGY, HUMAN RIGHTS, AND SOCIAL JUSTICE

    Science.gov (United States)

    Venkatapuram, Sridhar; Bell, Ruth; Marmot, Michael

    2013-01-01

    The article examines the convergences and contrasts between social epidemiology, social medicine, and human rights approaches toward advancing global health and health equity. The first section describes the goals and work of the WHO Commission on Social Determinants of Health. The second section discusses the role of human rights in the Commission’s work. The third section evaluates, from the perspective of social epidemiology, two rights-based approaches to advancing health and health equity as compared to a view that focuses more broadly on social justice. The concluding section identifies four areas where social epidemiologists, practitioners of social medicine, and health and human rights advocates can and must work together in order to make progress on health and health equity. PMID:21178186

  11. Identity and the Hegemony of Universal Human Rights

    Directory of Open Access Journals (Sweden)

    Tony Evans

    2017-01-01

    Full Text Available Human rights are commonly portrayed as a narrative that passes through several chapters before reaching its inevitable conclusion. This narrative begins with the horror of Nazism, moves to the centrality of human rights in the UN Charter, eulogizes the Universal Declaration, celebrates the achievements of standard setting as set out in the major covenants, offers detailed analysis of methods of monitoring and, finally, speculates on the future of compliance. This narrative is sustained, firstly, by ‘naturalist’ foundationalism and, secondly, by a widely held assumptions about the move towards ‘settled norms’ in the contemporary world order. Although some pessimism is voiced over continued reports of torture, genocide, structural economic deprivation, disappearances, ethnic cleansing, political prisoners, the suppression of trade union rights, gender inequality, religious persecution, and many other violations of internationally agreed human rights, most commentators and activists tacitly adopt an optimistic stance that envisages a future rights based international order. The still prevalent naturalist account of human rights, together with a narrative that boasts ‘settled norms’, suggests that the human rights regime represents a final ‘truth’ about the essential nature of all humankind; a common identity that describes the individual in an increasingly globalized world. This paper interrogates the ‘naturalist-settled norm’ account of human rights from the perspective of power and knowledge. It begins by distinguishing between the international human rights regime and the global discourse of human rights. The former adopts a legal approach, where the neutral, value-free, unbiased and impartial nature of the law is tacitly accepted. The latter refers to human rights as social, political and economic practice, and must therefore include an account of power. From this perspective, the discourse of human rights might be said to

  12. Occupational care giving conditions and human rights: A study of elderly caregivers in Botswana

    Directory of Open Access Journals (Sweden)

    Simon Kangethe

    2010-01-01

    Full Text Available The article aims to explore and discuss the occupational care giving conditions pitting them against human rights. The article′s objective is to initiate discussions and generate literature pertaining to occupational care giving load and assessing the human rights challenge it poses. The article uses analysis of the literature review from an array of eclectic data sources. The following factors were found besetting the caregivers′ human rights: (1 Aging; (2 Cultural and community attitudes towards care giving; (3 Risk of contagion; (4 Health hazards and lack of compensation. Recommendations: (1 Adoption of grandparents/grandchildren care symbiosis system; (2 Government remuneration policy for caregivers; (3 Mainstreaming of gender education to encourage men and youth develop an interest in care giving; (4 Institution of laws and policies by countries to provide for the compensation of caregivers′ occupational hazards and risks.

  13. Multinational corporations and infectious disease: Embracing human rights management techniques.

    Science.gov (United States)

    Salcito, Kendyl; Singer, Burton H; Weiss, Mitchell G; Winkler, Mirko S; Krieger, Gary R; Wielga, Mark; Utzinger, Jürg

    2014-01-01

    Global health institutions have called for governments, international organisations and health practitioners to employ a human rights-based approach to infectious diseases. The motivation for a human rights approach is clear: poverty and inequality create conditions for infectious diseases to thrive, and the diseases, in turn, interact with social-ecological systems to promulgate poverty, inequity and indignity. Governments and intergovernmental organisations should be concerned with the control and elimination of these diseases, as widespread infections delay economic growth and contribute to higher healthcare costs and slower processes for realising universal human rights. These social determinants and economic outcomes associated with infectious diseases should interest multinational companies, partly because they have bearing on corporate productivity and, increasingly, because new global norms impose on companies a responsibility to respect human rights, including the right to health. We reviewed historical and recent developments at the interface of infectious diseases, human rights and multinational corporations. Our investigation was supplemented with field-level insights at corporate capital projects that were developed in areas of high endemicity of infectious diseases, which embraced rights-based disease control strategies. Experience and literature provide a longstanding business case and an emerging social responsibility case for corporations to apply a human rights approach to health programmes at global operations. Indeed, in an increasingly globalised and interconnected world, multinational corporations have an interest, and an important role to play, in advancing rights-based control strategies for infectious diseases. There are new opportunities for governments and international health agencies to enlist corporate business actors in disease control and elimination strategies. Guidance offered by the United Nations in 2011 that is widely embraced

  14. Building a human rights framework for workers' compensation in the United States: opening the debate on first principles.

    Science.gov (United States)

    Hilgert, Jeffrey A

    2012-06-01

    This article introduces the idea of human rights to the topic of workers' compensation in the United States. It discusses what constitutes a human rights approach and explains how this approach conflicts with those policy ideas that have provided the foundation historically for workers' compensation in the United States. Using legal and historical research, key international labor and human rights standards on employment injury benefits and influential writings in the development of the U.S. workers' compensation system are cited. Workers' injury and illness compensation in the United States does not conform to basic international human rights norms. A comprehensive review of the U.S. workers' compensation system under international human rights standards is needed. Examples of policy changes are highlighted that would begin the process of moving workers' compensation into conformity with human rights standards. Copyright © 2012 Wiley Periodicals, Inc.

  15. Commercial surrogacy and the human right to autonomy.

    Science.gov (United States)

    Sifris, Ronli

    2015-12-01

    Arguments against commercial surrogacy frequently focus on the rights of the surrogate. For-example, those opposed to commercial surrogacy often argue that surrogacy arrangements amount to the exploitation of women and the commodification of their wombs. Phrased in the language of rights, such arguments draw on the right to be free from degrading treatment and the right to be free from discrimination. In contrast, those who support commercial surrogacy refute the arguments relating to exploitation and commodification and cite the right to work and more commonly the right to privacy/autonomy as the key rights in question. This article focuses on the human right to autonomy and interrogates whether prohibitions on commercial surrogacy violate the right of a woman to choose to be a surrogate.

  16. The human right to water: the importance of domestic and productive water rights.

    Science.gov (United States)

    Hall, Ralph P; Van Koppen, Barbara; Van Houweling, Emily

    2014-12-01

    The United Nations (UN) Universal Declaration of Human Rights engenders important state commitments to respect, fulfill, and protect a broad range of socio-economic rights. In 2010, a milestone was reached when the UN General Assembly recognized the human right to safe and clean drinking water and sanitation. However, water plays an important role in realizing other human rights such as the right to food and livelihoods, and in realizing the Convention on the Elimination of All Forms of Discrimination against Women. These broader water-related rights have been recognized but have not yet been operationalized. This paper unravels these broader water-related rights in a more holistic interpretation of existing international human rights law. By focusing on an emerging approach to water services provision--known as 'domestic-plus' services--the paper argues how this approach operationalizes a comprehensive range of socio-economic rights in rural and peri-urban areas. Domestic-plus services provide water for domestic and productive uses around homesteads, which challenges the widespread practice in the public sector of planning and designing water infrastructure for a single-use. Evidence is presented to show that people in rural communities are already using their water supplies planned for domestic uses to support a wide range of productive activities. Domestic-plus services recognize and plan for these multiple-uses, while respecting the priority for clean and safe drinking water. The paper concludes that domestic-plus services operationalize the obligation to progressively fulfill a comprehensive range of indivisible socio-economic rights in rural and peri-urban areas.

  17. Protection of asylum seekers and illegal migrants human rights: Practice of the European Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Đukanović Anđela

    2015-01-01

    Full Text Available Protection of asylum seeker and Illegal migrants human rights, has often been difficult due to the need of states to regulate unwanted migration flows. European Court of Human Rights plays an important role in protecting the rights of these individuals, through a set of human rights. Requests for interim measures under Rule 39 of the Rules of Court also have great importance. In cases involving illegal migrants and asylum-seekers, Court was often in difficult position, given the contradictions that could arise from the protection of human rights and the legitimate aim of the Contracting States to control the entry, residence and expulsion of aliens. Recent Courts judgment in case of M. S. S. against Belgium is particularly important, because of its remarkable influence on the perception of a common asylum system in the EU, as well as the judgment in the case of Jama Hirsi and Others v. Italy.

  18. CONSIDERATIONS REGARDING THE GUARANTEEING OF HUMAN RIGHTS IN ROMANIA

    Directory of Open Access Journals (Sweden)

    ELENA PARASCHIV

    2012-05-01

    Full Text Available In our country existed and exists still a constant concern to respect and guarantee human rights and fundamental freedoms, especially after 1989, when Romania became a member or acceding to international or regional treaties and conventions enshrining such rights. Taking into consideration the importance of respecting human rights, we consider that is necessary to research how they are secured in Romania, because only when these guarantees are known by their beneficiaries and those involved in their protection, actions which affect these values of humanity can be avoided. In human rights, rules of international law have priority over those entered in the domestic law if they contain provisions which may be interpreted differently on the same matter, unless the Constitution or national laws contain more favourable provisions.

  19. Visual graphics for human rights, social justice, democracy and the ...

    African Journals Online (AJOL)

    Keywords: art, democracy, human rights, social justice, the public good, visual ..... (Figure 1), the symbolism is two-fold; firstly, the upper composition depicts the ... in industry and global communications pay scant regard to their effect on the ...

  20. human rights under the ethiopian constitution: ad escriptive overview

    African Journals Online (AJOL)

    eliasn

    11 See the preamble which starts, 'We the nations, nationalities and peoples of Ethiopia'. ... Africa' (22) South African Journal of Human Rights 673, at 678. ..... degrading treatment or punishment including the banning of slavery and trafficking ...

  1. Fostering women's leadership to advance human rights in informal ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    1 mai 2018 ... Fostering women's leadership to advance human rights in informal settlements ... gathering evidence to improve settlement conditions and raising the ... on behalf of poor communities threatened with forceful evictions and ...

  2. The NOMA track module on nutrition, human rights and governance ...

    African Journals Online (AJOL)

    The NOMA track module on nutrition, human rights and governance: Part 2. ... each offering a Master's degree in nutrition, collaboratively developed the ... process, emerging themes were used to compile a code list for content analysis of the ...

  3. Inclusive development as an imperative to realizing the human right ...

    African Journals Online (AJOL)

    Inclusive development as an imperative to realizing the human right to water and sanitation. ... PROMOTING ACCESS TO AFRICAN RESEARCH ... where the latter aims at ensuring that the structural causes of inequality are also addressed.

  4. Human Rights and Military Conduct: A Progress Report

    National Research Council Canada - National Science Library

    Vickers, George

    2000-01-01

    .... Human rights concerns have been particularly salient in the Western Hemisphere, where military dictatorships overthrew civilian regimes in much of the Southern Cone and Andes in the 1960s and 1970s, and where U.S...

  5. Disaster risk mitigation – why human rights matter

    Directory of Open Access Journals (Sweden)

    Walter Kälin

    2008-10-01

    Full Text Available Existing human rights obligations already require states totake measures to mitigate the risks of natural or man-madedisasters – including those due to climate change – and thusto prevent displacement.

  6. Institutional Mechanisms for Human Rights Protection in Nigeria: An ...

    African Journals Online (AJOL)

    Nnamdi Azikiwe University Journal of International Law and Jurisprudence ... This paper has focused on the institutional mechanisms for human rights protection ... is discussed in line with its powers and duties under the law that established it.

  7. Visual graphics for human rights, social justice, democracy and the ...

    African Journals Online (AJOL)

    Keywords: art, democracy, human rights, social justice, the public good, visual graphics. Introduction ..... in industry and global communications pay scant regard to their effect on the environment. The ..... Upper Saddle River, NJ: Pearson/Merril.

  8. Comment: The Normative Framework of the African Human Rights ...

    African Journals Online (AJOL)

    political landscape of the continent. The protection of minorities is without doubt crucial to securing sustainable peace, economic development as well as protection and enforcement of human rights. Even though domestic mechanisms of ...

  9. International human rights for mentally ill persons: the Ontario experience.

    Science.gov (United States)

    Zuckerberg, Joaquin

    2007-01-01

    This article is part of a working project which assesses Ontario's mental health legislation and practice vis-à-vis international human rights standards. The paper focuses on procedural safeguards provided by the major international human rights instruments in the field of mental health law such as the UN Principles for the Protection of Persons with Mental Illness (MI Principles) and the European Convention on Human Rights as interpreted by the European Human Rights Court. In analysing Ontario's compliance with international standards, the paper will explore some problems arising from the implementation of the legislation with which the author is familiar with from his experience as counsel for the Consent and Capacity Board. The paper aims to generate discussion for potential reforms in domestic legal systems and to provide a methodology to be used as a tool to assess similar mental health legislation in other local contexts.

  10. Reconciling female genital circumcision with universal human rights.

    Science.gov (United States)

    Gordon, John-Stewart

    2017-09-18

    One of the most challenging issues in cross-cultural bioethics concerns the long-standing socio-cultural practice of female genital circumcision (FGC), which is prevalent in many African countries and the Middle East as well as in some Asian and Western countries. It is commonly assumed that FGC, in all its versions, constitutes a gross violation of the universal human rights of health, physical integrity, and individual autonomy and hence should be abolished. This article, however, suggests a mediating approach according to which one form of FGC, the removal of the clitoris foreskin, can be made compatible with the high demands of universal human rights. The argument presupposes the idea that human rights are not absolutist by nature but can be framed in a meaningful, culturally sensitive way. It proposes important limiting conditions that must be met for the practice of FGC to be considered in accordance with the human rights agenda. © 2017 John Wiley & Sons Ltd.

  11. A human rights approach to the health implications of food and nutrition insecurity.

    Science.gov (United States)

    Ayala, Ana; Meier, Benjamin Mason

    2017-01-01

    Food and nutrition insecurity continues to pose a serious global challenge, reflecting government shortcomings in meeting international obligations to ensure the availability, accessibility, and quality of food and to ensure the highest attainable standard of health of their peoples. With global drivers like climate change, urbanization, greater armed conflict, and the globalization of unhealthy diet, particularly in under-resourced countries, food insecurity is rapidly becoming an even greater challenge for those living in poverty. International human rights law can serve a critical role in guiding governments that are struggling to protect the health of their populations, particularly among the most susceptible groups, in responding to food and nutrition insecurity. This article explores and advocates for a human rights approach to food and nutrition security, specifically identifying legal mechanisms to "domesticate" relevant international human rights standards through national policy. Recognizing nutrition security as a determinant of public health, this article recognizes the important links between the four main elements of food security (i.e., availability, stability, utilization, and access) and the normative attributes of the right to health and the right to food (i.e., availability, accessibility, affordability, and quality). In drawing from the evolution of international human rights instruments, official documents issued by international human rights treaty bodies, as well as past scholarship at the intersection of the right to health and right to food, this article interprets and articulates the intersectional rights-based obligations of national governments in the face of food and nutrition insecurity.

  12. Extensive Tax Minimization as an Obstacle to Human Rights Compliance

    OpenAIRE

    Sydness, Live Synnevåg

    2010-01-01

    Every year developing countries lose billions of dollars through tax evasion and tax avoidance by TNCs, which are some of the largest tax payers in the world. A great portion of developing countries’ already scarce revenues is vanishing without the population benefitting from the human rights obligations its states have undertaken by becoming part of human rights conventions. Tax revenues are an essential source for evoking resources that enable the government to promote the realizations of h...

  13. International Security Presence in Kosovo and its Human Rights Implications

    OpenAIRE

    Istrefi, Remzije

    2017-01-01

    In this article I will examine the powers and activities of NATO-led Kosovo forces (KFOR) and their impact on human rights protection in Kosovo. Through this examination, I seek to answer the following questions: which KFOR actions affected the human rights of Kosovars? Does KFOR carry out responsibilities and abide by the obligations normally imposed upon nation-states? And is there a solution available when the alleged violator is KFOR? KFOR is responsible for carrying out military tasks an...

  14. Human rights in childbirth, narratives and restorative justice: a review.

    Science.gov (United States)

    Lokugamage, A U; Pathberiya, S D C

    2017-02-02

    This review describes the emerging global debate on the role of human rights childbirth. It is also tailored to a UK perspective in view of the Montgomery v. Lanarkshire [2015] legal ruling and it implications to practice. We can never underestimate the power of humane care on health. The compassion and evidence based medicine agenda in healthcare is interconnected with human rights in healthcare, feeding into the principles of decision making and patient centred care. When this has not happened and there is been healthcare conflict, the power of storytelling serves to connect disparate parties to their common humanity. Narratives are an important aspect of restorative justice processes and we suggest that this could be beneficial in the field of human rights in childbirth.

  15. The human right to science: An old right with a great future

    Directory of Open Access Journals (Sweden)

    Mikel Mancisidor

    2017-07-01

    Full Text Available When we talk about the human right to science, many may think that we are speaking about a new right, recently created to face the challenges that science and technology generate in our society of the 21st century. However, the right to science is already enshrined in the Universal Declaration of Human Rights (1948 and in the International Covenant on Economic, Social and Cultural Rights (1966. We can find it even earlier in the inter-American regional system, particularly, in the Charter of the Organization of American States (1948 and in the American Declaration of the Rights and Duties of Man (1948. Few know that, in fact, the Latin American countries in general and Chile in particular played a crucial role in the universal recognition of this right. The first part of the article explains the history of the right to science and its international legal recognition. In a second chapter, we will study its current institutional situation within the United Nations and, finally, in the third chapter, we will analyze the characteristics of this right, its normative content, elements and type of obligations that it creates.

  16. The modernizing bias of human rights: stories of mass killings and genocide in Central America.

    Science.gov (United States)

    Ekern, Stener

    2010-01-01

    This article analyses selected cases of mass killings and genocide during the civil wars in El Salvador and Guatemala in the 1980s and the way in which the truth commissions in both countries reframed locally grounded narratives to fit the state-centred language of human rights. Redefining wrongdoings as human rights violations produces stories that communicate poorly with local worldviews because the 'truths' that human rights language proposes disregard local realities and transform local conflicts into a type of 'modern', nationwide struggles. Thus, while the concept of genocide might capture well the horrendous nature of a mass killing, it will also ethnify the conflict. Comparisons between local readings and human rights-based reinterpretations reveal a 'modernizing' or 'Westernizing' bias of international law; the article argues for more awareness about such effects in analysis as well as in policy-making.

  17. HUMAN BEINGS TRAFFICKING IN THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

    OpenAIRE

    Laura-Cristiana SPĂTARU-NEGURĂ

    2017-01-01

    After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind...

  18. Can hospitals prohibit euthanasia? An analysis from a European human rights perspective.

    Science.gov (United States)

    Tack, Sylvie

    2011-06-01

    At present, in four European countries euthanasia and/ or physician assisted suicide (PAS) are tolerated under strict legal conditions. However, in practice these patient groups are often deprived of the possibility to undergo such decisions. Particularly Catholic health care institutions have developed policies which restrict the internal application of the law. Yet, the legitimacy of such policies is questionable. From a European human rights perspective it can be defended that the freedom of association allows hospitals to develop policies elaborating their ethical stances on euthanasia and PAS. However, to respect the patient's right to self-determination the concerned hospitals should at least inform current and future patients about the restrictive policy and deal carefully with euthanasia and PAS requests. If a patient's wish remains seriously incompatible with the ethical stances of the hospital, at least reasonable and attainable alternatives (such as a referral to a tolerant regional hospital) should be offered.

  19. Mainstreaming Human Rights Education: What’s Radical About That?

    Directory of Open Access Journals (Sweden)

    Rosemary Ann Blanchard

    2016-02-01

    Full Text Available One of the most radical ways of teaching about universal human rights and international humanitarian law would be to teach about these fundamental internationally-recognized standards for humane interpersonal conduct to every child who enters school in the United States.  American illiteracy about human rights and humanitarian law standards contributes to the climate in which the United States preaches human rights to it's perceived opponents while refusing to apply universally recognized hr and ihl principles to itself. From the failure to incorporate into the American educational structure the cultural and linguistic rights of Indigenous peoples and ethnic, linguistic and religious minorities to the refusal to submit to the same standards of international humanitarian law which apply to all combatants, U.S. political and military leaders have been able to rely on the unfamiliarity of most Americans with the fundamental principles of human rights and international humanitarian law to insulate them from effective public scrutiny and meaningful challenge. This article describes efforts to mainstream human rights education at all levels of public education so it becomes a part of the educational experience of every child and, thus, part of the background of every adult. The risks of having HRE co-opted are dwarfed by the risks of having HRE sidelined.

  20. 78 FR 76029 - Human Rights Day and Human Rights Week, 2013

    Science.gov (United States)

    2013-12-16

    ... freedoms of expression, religion, assembly, and association. We all have the right to take part in..., support good governance, and bolster economic development. Securing freedoms that are threatened or denied...