Exploring Responsibility. Public and Private in Human Rights Protection

OpenAIRE

Bexell, Magdalena

2005-01-01

The theory and practice of international relations are replete with dilemmas related to the distribution of responsibility for human rights protection. Institutionalized notions of public and private empower and shape knowledge of what the spheres of responsibility signify for different kinds of actors. This study examines how the public-private distinction is manifested in controversy concerning the character of corporate social responsibility. The study develops a conceptual framework cente...

Protection from psychosocial risks at work under the European Convention on Human Rights: is it possible?

Science.gov (United States)

Sychenko, Elena

2016-09-01

This paper argues the possibility of establishing common principles of protection from psychosocial risks (PSR) on the basis of the legal positions of the European Court of Human Rights (the Court) expressed in recent cases on degrading treatment and occupational health. The author focuses on the positive obligations of the States to ensure the protection of the right for life and of the right to respect for private life. The prohibition of degrading treatment in relations between private persons is also considered as relevant to the issue of the protection from PSR. Analyzing the Court's case law (judgments of the Court) we substantiate the possibility of claiming protection from PSR under the European Convention on Human Rights, namely, articles 2, 3 and 6, 8.

The indivisibility of human rights and the Decent Work Protection in a Globalized World

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Lourival José de Oliveira

2016-05-01

Full Text Available The initial premise is limited to the finding that the production procedures interna- tionalized. Consequently, from the production sharing or defined spaces, was obtained as one of the main results the precariousness of human labor, considering that at the natio- nal level, given the liberalizing policies, is not making it possible to ensure the national state minimum safeguards to protect the work. To address this reality, this paper proposes the construction of new public spaces, with the participation of several international actors, no longer confining to existing international public entities, and the protection of human work should be promoted, provided as a human right and a fundamental right, taking into account the global context and the thematic multidisciplinary. It is the job of the holistic view, which assumes the interdependence and indivisibility of human rights as a prerequisite in order to balance economic development with social development internationally.

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

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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?

The evolution of the Constitutional Protection of Women’s Human Rights in Colombia

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Sandra MORENO FLÓREZ

2011-04-01

Full Text Available Human rights were first acknowledged in Colombia in the 1991 Constitution, bringing up a catalogue of specific rights in favour of the female population whose implementation has been possible thanks to the Constitutional Court’s decisive compromise on the struggle against gender discrimination. This way, since the incorporation of the gender perspective in the Colombian Law, great progress has been obtained in the effectiveness of the constitutional normative framework and in the consequent effective protection of women’s human rights in legally relevant different ambits of life.

The Protection of Human Rights through Criminal Justice: the Right to Effective Criminal Investigations in Europe. An Integrate Analysis between the ECHR and EU Law

OpenAIRE

Mirandola, Sofia

2017-01-01

The subject matter of this research are the States’ obligations under the European Convention on Human Rights (the ECHR) to protect human rights through criminal law, with a focus on the procedural limb of such protection, namely the States’ duty to carry out effective criminal investigations into the most serious human rights offences. Furthermore, this study adopts also an integrated approach and discusses the interplay between the duty to conduct effective criminal investigations under the...

Human Dignity – Constitutional Principle of Fundamental Human Rights

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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.

LEGAL PROTECTION AGAINST CHILDREN WHO ARE VICTIMS OF HUMAN TRAFFICKING IN CIANJUR DISTRICT STUDIED BY HUMAN RIGHTS PERSPECTIVE

OpenAIRE

Henny Nuraeny; Tanti Kirana Utami

2015-01-01

Trafficking in persons is a modern form of slavery. The eradication of human trafficking has been on the agenda in law enforcement because of its effects can interfere with social welfare. One form of trafficking in persons who lately is rampant child trafficking. The problems that can be studied is how the perspective of Human Rights in providing protection to children who are victims of trafficking and whether the implementation of legal protection for child victims of trafficki...

The right to life and criminal-law protection of the human person in the Western Balkans

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Etlon Peppo

2015-07-01

Full Text Available The basic principle for which a democratic governance stands, are expressed in the “Declaration of Independence of the United States of America with the words of Thomas Jefferson: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty and the Pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed” The government of a democratic state does not exist to recognize the basic human rights, but to respect and guarantee the protection of these rights that any person possesses and benefits due to his existence starting from the most important right: The right to life, which is faced against the duty of the state for the protection of the human person’s life! In this sense this article analyzes the criminal-law protection of life in the Western Balkans.

Protecting the human right to freedom of expression in international law.

Science.gov (United States)

Howie, Emily

2018-02-01

Since its inclusion in Article 19 of the Universal Declaration of Human Rights, the right to freedom of opinion and expression has been protected in all of the relevant international human rights treaties. In international law, freedom to express opinions and ideas is considered essential at both an individual level, insofar as it contributes to the full development of a person, and being a foundation stone of democratic society. Free speech is a necessary precondition to the enjoyment of other rights, such as the right to vote, free assembly and freedom of association, and is essential to ensure press freedom. However, there is a clear and worrying global trend, including in western democracies, of governments limiting vibrant discussion and debate within civil society and among civil society, political leaders and government. Two examples illustrate this trend. First, anti-protest laws in Australia and the United States threaten the ability of people to stand together and express views on issues they care deeply about. Secondly, metadata retention laws jeopardise press freedom by undermining the confidentiality of journalists' sources and dissuading people from speaking freely on matters of public importance.

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

Special procedural measures and the protection of human rights
General report

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John A.E. Vervaele

2009-10-01

Full Text Available The aim of the general report is to conduct a comparative analysis of the national reports in order to trace transformation processes in domestic criminal justice systems, in particular criminal process, as special procedural measures are introduced to deal with terrorism and organised crime, and to map whether this has led countries to depart from their own fundamental rules, procedures, principles and applicable human rights standards. Starting from the premise that the integrated system of criminal law has three dimensions – the protection of individuals (the shield dimension, the provision of instruments of law enforcement (the sword dimension, and of checks and balances/trias politica (the constitutional dimension – the report provides a comprehensive overview of interrelated transformations, mostly in the pre-trial setting, that have affected all three in three waves of ‘war’ (on drugs, organised crime and terrorism. In many countries, procedural guarantees and principles that protect against the infringement of fair trial rights are considered a burden to the efficiency of serious crime enforcement. These reforms have resulted in a clear expansion of the punitive state and a blurring of classic distinctions, and do not favour the rule of law. The focus on public security and preventive coercive investigation undermines the criminal justice system. With the criminal justice system increasingly used as an instrument to regulate the present and/or the future rather than to punish past behaviour, and a criminal process in which pre-trial investigation is not about truth-finding related to committed crime, but about the construction and de-construction of social dangerousness, the interests of national security may be said to be prevailing over justice and to be threatening due process and the protection of human rights – notwithstanding that general principles of criminal procedure seem to have become more important in the reporting

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.

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 ...

Protection of personality rights in civil law

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Simonović Ivana

2014-01-01

Full Text Available Personality rights have long been described as the youngest member of the civil law family of absolute subjective (individual civil rights. By establishing these rights, an individual is guaranteed full and direct legal authority and control over one's personal assets, which include the most important human values such as: life, integrity, dignity and privacy. The ultimate importance of these personal assets is supported by appropriate legal protection of personality rights, which have been guaranteed in numerous provisions of constitutional law, civil law, criminal law and administrative law. The legal protection of personality rights stems from the understanding that a human being cannot be reduced to a biological entity; being part of the community, man is also a social being. Taking into account constant interactions and mutual relations between members of the society, man should be guaranteed certain rights. It primarily implies the guaranteed right to inviolability of one's personality, which is the basis for generating other personality rights. These rights are inherent, inalienable and absolute in terms of their effects; as such, they provide protection from the interference of the state and any third party. Focusing on the rules of civil law, the authors have explored the potentials and the scope of legal protection of personality rights provided by awarding a civil sanction. Although civil sanction is basically monetary sanction, it is deemed to be quite appropriate for the protection of personal (non-patrimonial assets.

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, ...

EUROPEAN COURT OF HUMAN RIGHTS AS THE GUARANTOR OF LEGAL PROTECTION OF A HUMAN IN THE FIELD OF AVIATION ACTIVITIES OF UKRAINE

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Yuriy Pyvovar

2017-11-01

Full Text Available Purpose: The effectiveness of human rights protection in the Council of Europe largely depends on activities of the European Court, which demonstrates high standards of justice, particularly in matters of human rights protection in the field of aviation activities. The article offers a critical assessment of Ukrainian national legislation in terms of its internal legal consistency and compliance with international legal acts. Methods: The methods of legal analysis are used to study court decisions in the aviation field; methods of comparative legal analysis, forecasting and dialectical - in the study of problems in the further improvement of Ukrainian legislation. Also in article applied the theory of legal comparative, approaches to applying the analogy of legal and law in process of making decisions on similar court cases. Results: The article deals with the analysis of the European Court of Human Rights jurisdiction on cases of protection of human rights in the field of aviation activities. Two groups of cases in which Ukraine is a defendant are identified: a cases of international concern (in particular the Malaysia Airlines’ Boeing 777-200ER crash; b cases of national character (citizens of Ukraine against the State of Ukraine. The author's position on deciding the cases in the field of aviation activities is based on the principles of respect for the European Convention on Human Rights, 1950. Discussion: The conclusion about the necessity of amending some national laws, taking into account the legal positions of the European Court (in particular, regarding the right of airlines workers to strike is made, and the fact that the issues of States and airlines activities to respect human and civil rights in the field of aviation activities are covered by jurisdiction of the European Court of Human Rights and occupy an important place in its practice is indicated.

UN human rights council

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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.

THE RESPONSIBILITY OF PROTECTING (R2P HUMAN RIGHTS AND SECURITY COUNCIL

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ULDARICIO FIGUEROA PLÁ

2017-12-01

Full Text Available The adoption in 1948 of the Convention on the Prevention and Punishment of the Crime of Genocide seemed to open a new era in the international scenario in which these kind of practices apparently are left in the historic past. Reality has shown us that this international instrument was not enough to face arbitrary measures of some Governments. Nevertheless, genocide actions continuing to be performed, and in order to decrease human suffering, “humanitarian intervention” was thought as a response to the ineffectiveness of the Security Council which also brought along arbitrary actions in its invocation, discrediting it. Before the reiterated calls of the Secretary General of the United Nations to prevent and detain massive violations to human rights, an effort has been made in order to standardizing a type of interventions that can respond to massive violations of human rights. This has been called Responsibility to Protect.

The Corruption of Systemic Contour in Brazil and its Effects on the Protection of Human Rights

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Lucas Sachsida Junqueira Carneiro

2016-10-01

Full Text Available This article investigates the connection involving corruption and Human Rights' protection, approaching the evolution of corruption's characteristics until today's experience of what is called institutionalized corruption. The knowledge of systemic corruption preeminent particularities are achieved through a series of data obtained in researches made by Centro de Referência do Interesse Público of UFMG, CNJ, Controladoria Geral da União, Fiesp, Ministério Público Federal and extensive survey on doctrine, jurisprudence, and legislation. We have introduced major flaws in the controlling system and shown the resultant repercussion to specify the leading consequences of corruption on the protection and guarantee of Human Rights.

Unfinished business: concurrence of claims presented before a human rights court or treaty body and through diplomatic protection

NARCIS (Netherlands)

Vermeer-Künzli, A.M.H.

2010-01-01

International law has not, yet, defined the limits of concurrent cases involving resort to a human rights mechanism and diplomatic protection. The European Court of Human Rights has on occasion dealt with questions of simultaneous procedures and the International Law Commission (ILC) has described

(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.

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...

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,…

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.

Building Prevention to Protect: The Inter-American Human Rights System

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Carlos Portales

2017-03-01

Full Text Available The article explores the way that the Inter-American human rights system assumes the “responsibility to protect” in the context of serious violations of human rights that can be characterized as war crimes, crimes against humanity, genocide, and ethnic cleansing. The essay describes  how the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights have responded to such situations by using the ample powers granted to them by the OAS member states. The authors consider that these organs have been some of the most effective tools with which this region has confronted such situations by seeking system has contributed to building democratic regimes in the majority of the countries of the hemisphere. This has been crucial to avoiding serious violations of human rights such as those mentioned above, which would have required urgent international intervention to overcome.

Protecting the rights of people with HIV. Tanzania.

Science.gov (United States)

Temba, P

1997-04-01

In Tanzania, preliminary efforts are underway to protect the human rights of people with HIV/AIDS. Tanzania, which has been criticized for failing to recognize human rights abuses against people with HIV/AIDS, is the 15th country in sub-Saharan Africa to establish a regional network of physicians, lawyers, and nongovernmental organizations seeking to protect the rights of people with HIV/AIDS and those vulnerable to the infection with appropriate legislation and policies. Discrimination, which hastens spread of the disease by forcing it underground, is found even among medical personnel who disclose patient information without consent or refuse to treat patients with HIV/AIDS. Certain laws also compromise the rights of infected people by requiring physicians to tender medical reports before the courts, permitting employers to force employees to undergo HIV testing, or requiring rape victims to provide an excessive burden of proof. Participants at a recent workshop recommended a review of national AIDS policy and changes in the law. A computer database will be used to track HIV/AIDS-related human rights abuses in Tanzania.

institutional mechanisms for human rights protection in nigeria

African Journals Online (AJOL)

Mofasony

Commission, the Public Complaints Commission and the Truth and .... The Legislative and Institutional Framework of Environmental Protection in the Oil … ... includes strategies targeted at promoting democracy and good governance, rights of ... administrative action of any public authority and companies or their officials ...

Specific features of human rights guaranteed by the Aarhus Convention

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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.

Can human rights standards help protect children and youth from the detrimental impact of alcohol beverage marketing and promotional activities?

Science.gov (United States)

Chapman, Audrey R

2017-01-01

The alcohol industry in the Latin American and Caribbean (LAC) region promotes demand for alcohol products actively through a number of channels, including advertising and sponsorship of sports and other events. This paper evaluates whether human rights instruments that Latin American countries have ratified can be used to limit children's exposure to alcohol advertising and promotion. A review was conducted of the text of, and interpretative documents related to, a series of international and regional human rights instruments ratified by most countries in the LAC region that enumerate the right to health. The Convention on the Rights of the Child has the most relevant provisions to protect children and youth from alcohol promotion and advertising. Related interpretive documents by the United Nations Committee on the Rights of the Child affirm that corporations hold duties to respect and protect children's right to health. Human rights norms and law can be used to regulate or eliminate alcohol beverage marketing and promotional activities in the Latin American region. The paper recommends developing a human rights based Framework Convention on Alcohol Control to provide guidance. © 2016 Society for the Study of Addiction.

ASSERTING AND DEVELOPING THE IDEA OF LEGAL OBLIGATION, FOR ENSURING AND PROTECTING THE HUMAN RIGHTS

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Marilena MARIN

2014-11-01

Full Text Available Various studies have been written about human rights and freedoms. Addressing this issue appears to be within everyone’s reach and everyone seems to be good at launching discussions about human rights and freedoms. When we are given the opportunity of collecting information about these concepts or of expressing a point of view, we should first refer to the concept itself, as researched by scholars, and then see how these studies can be found in practice, in everyday life. Otherwise, purely theoretical studies and Abstract: analyzes do not have any sense; do not produce any effect, facts which would render them useless. In this paper we aim at analyzing the concepts of legal obligation, of ensuring and protecting the human rights, viewed as a whole, as a unit, just as an idea is perceived. Thus, we are going to place human rights and freedoms in relation to legal normativity, to theory and their legal regulation on the one hand, and, on the other hand, we are going to focus on the materialization and implementation of these concepts, particularly within the national borders, but also in the European Union.

Human rights barriers for displaced persons in southern Sudan.

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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.

PROTECTION OF HUMAN RIGHTS AGAINST THE ADVERSE IMPACT OF TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES: DILEMMAS OF INTERNATIONAL COMMUNITY

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Machoňová-Schellongová Ivana

2015-12-01

Full Text Available There is no doubt about an impact of corporate and business operations on human rights, both positive and negative. Growing influence of corporations, power shift between business and states, as well as the complex nature of corporate governance and transnational operations require international regulations. International community undertook numerous initiatives, the most significant and recent being the United Nations Guiding Principles on Business and Human Rights [2011], embraced by States, corporations and civil society as a “milestone“ in business and human rights agenda. While being a  useful comprehensive set of guidelines, Principles are lacking the legally binding force and any monitoring or complaints mechanism. Therefore, there are growing calls for a legally binding treaty to stipulate clearly human rights obligations of States/businesses vis-à-vis human rights and fill the protection gap for victims of corporate abuses. A newly established working group by the Human Rights Council has started to negotiate terms of reference of such a treaty in June 2015. However, meaningful negotiations are threatened by many factors, including the negative approach of US, EU and other developed States along with the corporate sector advocating for stronger implementation of Principles instead. This article aims to describe efforts of international community to prevent and eliminate a  negative impact of corporate activities on human rights. It shows different approaches and highlights some challenges and dilemmas. It concludes that parallel efforts should be undertaken - to implement the Principles and to negotiate an international treaty – in order to improve protection against an adverse impact of corporate operations on human rights. As for the Czech Republic, it is suggested to embark on the elaboration of the National Action Plan, thus providing for an opportunity to discuss implementation of the Principles among all the

Protecting the Home and Adequate Housing - Living in a Caravan or Trailer as a Human Right

NARCIS (Netherlands)

Donders, Y.

2016-01-01

Many Roma, gypsies and travellers live in caravans or trailers, sometimes in together trailer parks or camps. This article analyses how this specific lifestyle connected to their housing is protected under the various regimes and provisions of international human rights law. Home and adequate

Concept of environment, sustainable development and respect for human rights

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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.

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.

Can "extreme poverty" protect against refoulement? : Economic refugees in the light of recent case law of the European Court of Human Rights

NARCIS (Netherlands)

Flegar, Veronika

2015-01-01

“Economic refugees” largely remain outside the international protection regimes of refugee and human rights law. Nevertheless, recent case law of the European Court of Human Rights (ECtHR) opens up limited possibilities for economic refugees to rely on Article 3 of the European Convention on Human

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.

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...

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...

Consumer rights and protections

Science.gov (United States)

... care consumer rights; Rights of the health care consumer ... RIGHTS AND PROTECTIONS Here are ways that the health care law protects consumers. You must be covered, even if you have a pre-existing condition. No insurance plan can reject you, ...

The Fundamental Human Right to Marry and to Family Life and their Protection in the Legal Framework of the Republic of Macedonia

OpenAIRE

MSc. Albana Metaj-Stojanova

2017-01-01

The right to family life is a fundamental human right, recognized by a series of international and European acts, which not only define and ensure its protection, but also emphasize the social importance of the family unit and the institution of marriage. The right to family life has evolved rapidly, since it was first introduced as an international human right by the Universal Declaration of Human Rights (UDHR). The family structure and the concept of family life have changed dramatically ov...

Kingdom, covenant, and human rights

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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.

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.

Human rights in patient care and public health-a common ground.

Science.gov (United States)

Peled-Raz, Maya

2017-01-01

Medical law and public health law have both served extensively as instruments of health protection and promotion-yet both are limited in their effect and scope and do not sufficiently cover nor supply a remedy to systematic, rather than anecdotal, mistreatments in the health care system. A possible solution to this deficiency may be found in the human rights in patient care legal approach. The concept of human rights in patient care is a reframing of international human rights law, as well as constitutional thought and tools, into a coherent approach aimed at the protection and furthering of both personal and communal health. It applies human rights discourse and human rights law onto the patient care setting while moving away from the narrow consumeristic view of health care delivery. By applying human rights in patient care approach, both national and international courts may and should serve as policy influencing instruments, protecting the rights of the most vulnerable and prejudiced against groups, which are want of a remedy through traditional patients' rights legal schemes.

Eu accession to the ECHR: Enlarging the human rights protection in Europe

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Krstić Ivana

2016-01-01

Full Text Available This paper deals with the importance of the EU accession to the ECHR, as the most significant regional instrument for human rights protection. The paper outlines the evolution of the idea of the accession to the ECHR, different stages of that process, as well as a Draft agreement which attempted to resolve some complex legal issues relating to the specific nature of the EU legal system. In the second part of this paper, the Opinion 2/13 of the CJEU from December 2014 has been analyzed, which basically interrupted the entire accession process. It is noted that currently the ECtHR has only an indirect constitutional control over the EU's legal order by examining laws of the Member States. The EU accession to the ECHR would allow examination of all acts and measures in the EU from the human rights perspective, including those over which the CJEU does not have full oversight function. Therefore, the authors argue that due to the establishment of legal certainty and external control over acts of the EU institutions, it is necessary to find a way for the continuation of the accession process, as soon as possible. There are two possible scenarios: a re-negotiation of the agreement on accession, or modification of the EU Treaties. Both solutions seem almost impossible in the created political milieu. However, there is a hope that negotiations will continue due to the influence of the Avotiņš judgment from May 2016 in which the ECtHR upheld the principle of equal protection from the Bosphorus case, pointing to the importance of maintaining mutual trust between two courts, as well as the need for the establishment of greater credibility and EU strengthening after Brexit.

A decision model for the sustainable protection of human rights in Italian Prison System

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Antonio Maturo

2014-12-01

Full Text Available The work starts from an analysis of the critical problems of the prison system in Italy. It aims to develop a decision-making model to address the issue of sustainable protection of human rights in prisons. It shows how, using the Saaty AHP procedure, it is possible to have an analytical reasoning guideline for the understanding of the validity of the various alternative choices, in order to facilitate the situation of the prisoners and their reintegration into society.

State duties of protection and fundamental rights

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C Starck

2000-05-01

Full Text Available Duties of protection are duties of the state to protect certain legal interests of its citizens. They cover the interests of life, health, freedom and property and also protect some other interests and certain constitutionally recognised institutions. State duties of protection must be considered in connection with fundamental rights. The foundations of modern constitutionalism and attendant procedures are essential to develop guidelines for a constructive critique of the jurisprudence of the Constitutional Court. This is done with reference to the recent history of France, Germany and England. The historical excursus reveals that a single theory underlies the variety of constitutional states. The development of the constitutional state gave rise to the significance of the preservation of freedom through the maintenance of law and the separation of powers. This has given rise to various legal devices, based also in part on experience with moderate rule and earlier theories of the imperium limitatum.A textual analysis of the German Basic Law is undertaken to determine whether and how the duties of protection are expressly created. Furthermore, the duties that have been discovered in the Basic Law by the Federal Constitutional Court are considered. These duties include the protection of human life and health, personal freedom, the right to autonomous development of one's personality, freedom of science, research and teaching, marriage and the family, children, mothers, professional freedom, property and the protection of German nationals against foreign states. Finally the justification of such duties and the constitutional control of the manner of protection are considered.In a final section a critique of relevant constitutional jurisprudence is undertaken. It is argued that claims to protection cannot be directly binding law. They presuppose legislation. If statutory protection is connected with infringements of third-party fundamental rights

Human rights versus legal control over women's reproductive self-determination.

Science.gov (United States)

Uberoi, Diya; de Bruyn, Maria

2013-06-14

States have a duty under international human rights law to protect people's health. Nonetheless, while some health-related policies and laws protect basic human rights, others violate fundamental rights when they criminalize, prohibit, and restrict access to necessary health services. For example, laws and regulations related to protection of life from conception, contraception, actions of pregnant women, and abortion can harm women and place women and health care providers in jeopardy of legal penalization. Given the adverse consequences of punitive and restrictive laws related to pregnancy, advocates, civil society groups, human rights groups, and government institutions must work together to promote, protect, and fulfill women's fundamental reproductive rights. Copyright © 2013 Uberoi and de Bruyn. 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.

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

The nature of human rights

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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

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…

Social protection and the citizen rights in Latin America: a narrative revision

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Álvaro Franco G

2008-06-01

Full Text Available Social protection includes all the economic, political and social variables that guarantee protection amidst the adversity that can damage the rights to health, employment, well-being, and quality of life. Objective: to unveil the link between the systems of social protection in Latin America and the fulfillment of social rights. Method: from the start point of documentary revision, a comparison among the different models of social protection applied in Latin America and the diverse types of citizen rights in the last decades is carried out. Several approaches of social protection are considered: social attendance, social security and social insurance; and additionally, the Minimum Networks of Social Protection (m n s p of the 80’s, and the recent social protection as social risk management of the World Bank. The classification of the human rights are again took up: civil, political and social rights.Discussion: difficulties in Latin America that condition the model of social protection according to differences among social levels, the fragmentation of the social policy and the prevailing conditions of inequity that deny the possibilities of citizen rights to be effective are pointed out. In conclusion, the total fulfillment of social rights is feasible through the development of models of social protection capable of covering all the population and all the implied risks, not only in the work by itself but in the integral human development.

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…

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.

Liability for gross human rights violations: from criminal to civil remedies

OpenAIRE

2009-01-01

LL.D. The starting point of this research is the observation that the protection of human rights and the prevention of human rights atrocities can only take place through a universal system of different means of accountability which create enough deterrence for the future state or individual offender. This research consists of four parts: Part A explores and outlines the different existing ways and means of traditional human rights protection under the international and regional human righ...

Intellectual property rights and detached human body parts.

Science.gov (United States)

Pila, Justine

2014-01-01

This paper responds to an invitation by the editors to consider whether the intellectual property (IP) regime suggests an appropriate model for protecting interests in detached human body parts. It begins by outlining the extent of existing IP protection for body parts in Europe, and the relevant strengths and weaknesses of the patent system in that regard. It then considers two further species of IP right of less obvious relevance. The first are the statutory rights of ownership conferred by domestic UK law in respect of employee inventions, and the second are the economic and moral rights recognised by European and international law in respect of authorial works. In the argument made, both of these species of IP right may suggest more appropriate models of sui generis protection for detached human body parts than patent rights because of their capacity better to accommodate the relevant public and private interests in respect of the same.

FCJ-195 Privacy, Responsibility, and Human Rights Activism

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Becky Kazansky

2015-06-01

Full Text Available In this article, we argue that many difficulties associated with the protection of digital privacy are rooted in the framing of privacy as a predominantly individual responsibility. We examine how models of privacy protection, such as Notice and Choice, contribute to the ‘responsibilisation’ of human rights activists who rely on the use of technologies for their work. We also consider how a group of human rights activists countered technology-mediated threats that this ‘responsibilisation’ causes by developing a collective approach to address their digital privacy and security needs. We conclude this article by discussing how technological tools used to maintain or counter the loss of privacy can be improved in order to support the privacy and digital security of human rights activists.

Globalization, transnationalism and the effectiveness of human rights

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Regiane Nistler

2018-03-01

Full Text Available The objective of this research is to analyze the effectiveness of human rights in this era, as the phenomenon of globalization triggered the notion of transnationalism. This study starts by demonstrating the consequences of this phenomenon, such as the lessening of border importance between countries and the alteration of legitimatizing legal structures. Furthermore, important considerations should be highlighted when exploring the important issue of human rights, especially when examining regional systems of protection – among them the African, American, and European systems. This paper finalizes its thesis with the simultaneous use of case studies and theoretical research. In the end, having effective human rights protection in the modern age implies not only an efficient and outstanding protection of the private sector but it should be the State’s objective even if transnational actors are not efficient. Finally, in regards to this paper´s method, this research uses the inductive method while also using literature review.

Identifying the gaps: Armenian health care legislation and human rights in patient care protections.

Science.gov (United States)

Zopunyan, Violeta; Krmoyan, Suren; Quinn, Ryan

2013-12-12

Since the collapse of the Soviet Union, the Republic of Armenia has undergone an extensive legislative overhaul. Although a number of developments have aimed to improve the quality and accessibility of Armenia's health care system, a host of factors has prevented the country from fully introducing measures to ensure respect for human rights in patient care. In particular, inadequate health care financing continues to oblige patients to make both formal and informal payments to obtain basic medical care and services. More generally, a lack of oversight and monitoring mechanisms has obstructed the implementation of Armenia's commitments to human rights in several international agreements. Within the framework of a broader project on promoting human rights in patient care, research was carried out to examine Armenia’s health care legislation with the aim of identifying gaps in comparison with international and regional standards. This research was designed using the 14 rights enshrined in the European Charter on Patient Rights as guiding principles, along with domestic legal acts relevant to the rights of health care providers. The gaps analysis revealed numerous problems with Armenian legislation governing the relationships between stakeholders in health care service delivery. It also identified several practical inconsistencies with the international legal instruments ratified by the Armenian government. These legislative shortcomings are illustrated by highlighting key health-related rights violations experienced by patients and their health care providers, and by indicating opportunities for improved rights protections. A full list of human rights relevant to patient care and recommendations for promoting them in the Armenian context is provided in Tables 1 and 2. A number of initiatives must be undertaken in order to promote the full spectrum of human rights in patient care in Armenia. This section highlights certain recommendations flowing from the findings of

A landslide on a mudslide? Natural hazards and the right to life under the European Convention of Human Rights

DEFF Research Database (Denmark)

Lauta, Kristian Cedervall; Rytter, Jens Elo

2016-01-01

This paper investigates the protection of individuals’ lives against natural hazards under the European Convention on Human Rights. In 2008, the European Court of Human Rights decided to include natural hazards in a well-established doctrine developed to protect individuals from life-threatening ...

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)

THE ROLE OF THE EUROPEAN COMMITTEE FOR SOCIAL RIGHTS (ECSR IN THE EUROPEAN SYSTEM FOR THE PROTECTION OF HUMAN RIGHTS. INTERACTIONS WITH ECHR JURISPRUDENCE

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Cristina Sâmboan

2013-11-01

Full Text Available Upon its foundation in 1961, the European Committee for Social Rights (ECSR was meant to be a counterpart of the European Court of Human Rights (ECHR in the field of economic, social and cultural rights, i.e. an international body of control regarding the manner in which states understand to respect human rights. But, given the fastidious contents of ESCR and for political reasons, ECSR has never enjoyed the same guarantee mechanisms or level of accessibility that have characterized ECHR. The aim of this study is to show that, in spite of such flaws, the ECSR has proven its efficiency in the European system for the protection of human rights. The analysis of its decisions, as well as their interactions with the ECHR jurisprudence proves that the flexible and protectionist decisions of this jurisdictional body command authority and their coercive nature is recognized at national level. Moreover, this body has an important influence on ECHR. The jurisprudential interpretations of ECSR may also serve as reference points for national users (lawyers, magistrates, organizations, which makes it even more necessary to know and understand it at this level.

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.

Human rights of persons with mental illness in Indonesia: more than legislation is needed

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Prasetyo YA

2009-06-01

Full Text Available Abstract Background Although attention to human rights in Indonesia has been improving over the past decade, the human rights situation of persons with mental disorders is still far from satisfactory. The purpose of this paper is to examine the legal framework for protection of human rights of persons with mental disorder and the extent to which Indonesia's international obligations concerning the right to health are being met. Methods We examined the Indonesian constitution, Indonesian laws relevant to the right to health, the structure and operation of the National Human Rights Commission, and what is known about violations of the human rights of persons with mental illness from research and the media. Results The focus of the Indonesian Constitution on rights pre-dated the Universal Declaration, Indonesia has ratified relevant international covenants and domestic law provides an adequate legal framework for human rights protections. However, human rights abuses persist, are widespread, and go essentially unremarked and unchallenged. The National Human Rights Commission has only recently become engaged in the issue of protection of the rights of persons with mental illness. Conclusion More than legislation is needed to protect the human rights of persons with mental illness. Improving the human rights situation for persons with mental illness in Indonesia will require action by governments at national, provincial and district levels, substantial increases in the level of investment in mental health services, coordinated action by mental health professionals and consumer and carer organisations, and a central role for the National Human Rights Commission in protecting the rights of persons with mental illness.

Human rights of persons with mental illness in Indonesia: more than legislation is needed

Science.gov (United States)

Irmansyah, I; Prasetyo, YA; Minas, H

2009-01-01

Background Although attention to human rights in Indonesia has been improving over the past decade, the human rights situation of persons with mental disorders is still far from satisfactory. The purpose of this paper is to examine the legal framework for protection of human rights of persons with mental disorder and the extent to which Indonesia's international obligations concerning the right to health are being met. Methods We examined the Indonesian constitution, Indonesian laws relevant to the right to health, the structure and operation of the National Human Rights Commission, and what is known about violations of the human rights of persons with mental illness from research and the media. Results The focus of the Indonesian Constitution on rights pre-dated the Universal Declaration, Indonesia has ratified relevant international covenants and domestic law provides an adequate legal framework for human rights protections. However, human rights abuses persist, are widespread, and go essentially unremarked and unchallenged. The National Human Rights Commission has only recently become engaged in the issue of protection of the rights of persons with mental illness. Conclusion More than legislation is needed to protect the human rights of persons with mental illness. Improving the human rights situation for persons with mental illness in Indonesia will require action by governments at national, provincial and district levels, substantial increases in the level of investment in mental health services, coordinated action by mental health professionals and consumer and carer organisations, and a central role for the National Human Rights Commission in protecting the rights of persons with mental illness. PMID:19545362

Minority Protection in the European Union: From Economic Rights to the Protection of European Values

NARCIS (Netherlands)

Versteegh, C.R.M.

2015-01-01

Minority protection did not receive attention in the original EC treaty of 1956. The concept of nondiscrimination of laborers and later of EU citizens became the cornerstone for minority protection. Gradually the EU became familiar with the concept of human rights because of judgments of the

The Protection of Fundamental Rights of Migrant Workers Face to Vulnerability

OpenAIRE

Silva, Juliana Giovanetti Pereira Da; Giovanetti, Lais

2015-01-01

This article intends to present reflections on issues relevant to migration and contemporary movements. The main constitutional protections, international and infra laws that ensure the rights of migrant workers entering the country in search of better job opportunities are highlighted here. Search up also emphasize the protection of fundamental rights and the consideration of human dignity as base principle of this protection. As well as labor mobility reflexes in industrial relations and vu...

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

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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

Human rights and conventionality control in Mexico

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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.

[Legislative and legal security of supervisory activities in the sphere of protection of consumers' rights and human well-being].

Science.gov (United States)

Rumiantsev, G I; Kutsenko, G I; Polesskiĭ, V A

2007-01-01

Sanitary legislation plays an important role in supervisory activities ensuring the protection of consumers' rights and human well-being. The paper considers the basic laws and standard acts allowing for legal regulation in this sphere of activities.

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.

Corruption and Human Rights Law in Africa (2016 Hart Publishing, Oxford)

OpenAIRE

Willard T Mugadza

2018-01-01

This contribution reviews the book by Kolawole Olaniyan on corruption and human rights law in Africa. The book, Corruption and Human Rights Law in Africa, provides a framework for complementarity between promoting and protecting human rights and combatting corruption in Africa.

The Fundamental Human Right to Marry and to Family Life and their Protection in the Legal Framework of the Republic of Macedonia

Directory of Open Access Journals (Sweden)

MSc. Albana Metaj-Stojanova

2017-06-01

Full Text Available The right to family life is a fundamental human right, recognized by a series of international and European acts, which not only define and ensure its protection, but also emphasize the social importance of the family unit and the institution of marriage. The right to family life has evolved rapidly, since it was first introduced as an international human right by the Universal Declaration of Human Rights (UDHR. The family structure and the concept of family life have changed dramatically over the last few decades, influenced by the everchanging social reality of our time and the decline of the institution of marriage. Aside from the traditional European nuclear family composed of two married persons of opposite sex and their marital children, new forms of family structures have arisen. LGTB families are at the centre of the ongoing debate on re-defining marriage and the concept of family life. The aim of this paper is to analyse the degree of protection accorded to family life and to the right to marry, which has long been recognized as one of the vital personal rights essential to the pursuit of happiness by free men by both, international acts ratified by the Republic of Macedonia and the legal system of the country. The methodology applied is qualitative research and use of the analytical, historical and comparative methods. The paper concludes that in general Republic of Macedonia has a solid legal framework, in compliance with the international law, that protects and promotes the right to family life.

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.

Human Rights and National Poverty Reduction Strategies: Conceptual framework for human rights analysis of poverty reduction strategies and reviews of Guatemala, Liberia and Nepal

OpenAIRE

Sakiko Fukuda-Parr

2007-01-01

Poverty is an important human rights concern. Human rights are claims that people have for social arrangements to guarantee their substantive freedoms; poverty reflects failures in these social arrangements and in the actions of duty bearers. It is the poorest people in society --- those with low incomes, education, insecure health, and political power --- who are most vulnerable to severe abuse of their human rights in multiple areas. At the same time, it is lack of human rights protection t...

The cultural dimension of economic activities in international human right jurisprudence

NARCIS (Netherlands)

Donders, Y.; Vadi, V.; de Witte, B.

2015-01-01

Cultural diversity and human rights are mutually linked: human rights protect and promote cultural diversity while cultural diversity also forms an important aspect of the enjoyment of human rights. Cultural diversity and the economy are also increasingly connected, for example through cultural

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

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.

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.

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.

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)

Global bioethics and human rights in an African context: A reformed theological discourse on global bioethics as a new human rights ethos

Directory of Open Access Journals (Sweden)

A.L. Rheeder

2016-09-01

Full Text Available The 2005 UNESCO Universal Declaration of Bioethics and Human Rights (UDBHR is specifically aimed at Africa and developing countries from other regions. The acceptance of this UNESCO instrument shows that global bioethics and human rights have become part of the bioethics discourse of today. It is clear that there is a certain affinity between human rights and bioethics, which makes such a link desirable. The value of this link lies in the fact that human rights facilitate a normative universal expansion of bioethical principles. The human rights framework provides bioethical principles with some authority and political influence, an instrument that can protect people in our broken context. Human rights practice and a reformed understanding of natural law both show that humanity can reach consensus on ethical principles such as those found in the UDBHR. Consensus on the theoretical foundation of human rights is not a prerequisite for the successful utilisation of these principles.

The protection of the rights of children in armed conflict

OpenAIRE

Matouk Abdelnaby , Mayssa ,

2017-01-01

The protection of children's rights a victim of armed conflict is a recent and current problem which is based on the evolution of human rights and the changing nature of conflicts. It raises the question of the existence of an international legal framework consisting capable of providing protection and assistance to child plagued by hostilities. On this point, it appears that international law provides a set of legal mechanisms applicable to the child, whether direct or indirect victim of the...

THE RIGHT TO A CLEAN ENVIRONMENT. INTERNATIONAL RECOGNITION OF A HUMAN RIGHT TO A CLEAN ENVIRONEMENT BY ECTHR JURISPRUDENCE

OpenAIRE

Oana Maria HANCIU

2015-01-01

European Convention on Human Rights (ECHR) does not specifically recognize a right to a clean environment, nor speaks specifically about environmental issues. However, there are many cases in the ECtHR jurisprudence which indirectly have a linkage with environmental protection. Often, throughout its decisions, ECtHR considers a positive obligation of States to take all necessary measures to protect human life and thus to provide a suitable environment for human living. The paper analyses the ...

Procedural abortion rights: Ireland and the European Court of Human Rights.

Science.gov (United States)

Erdman, Joanna N

2014-11-01

The Irish Protection of Life During Pregnancy Act seeks to clarify the legal ground for abortion in cases of risk to life, and to create procedures to regulate women's access to services under it. This article explores the new law as the outcome of an international human rights litigation strategy premised on state duties to implement abortion laws through clear standards and procedural safeguards. It focuses specifically on the Irish law reform and the jurisprudence of the European Court of Human Rights, including A. B. and C. v. Ireland (2010). The article examines how procedural rights at the international level can engender domestic law reform that limits or expands women's access to lawful abortion services, serving conservative or progressive ends. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

Human rights for women: battles of culture and power.

Science.gov (United States)

Poulsen, K

1995-06-01

In Africa, nongovernmental organizations (NGOs) focussing on human rights have mushroomed during the past 10-15 years, and, with several of these organizations run by and for women, it is possible to find free legal aid for women in almost every capital city. The collapse of the extended family and, thus, the framework for customary law has meant that women are faced with problems of maintenance and widows with problems of inheritance. Customary law and the protection it afforded women and children has also been weakened by a poverty-driven shift in urban areas from a focus on community support to a focus on individual survival. The vacuum left by this change in legal and social structure is being filled by the human rights NGOs. Paradoxically, in the face of such change, a static, communal, and neutral concept of "culture" was held out by African state representatives at the 1993 UN Conference on Human Rights to justify their opposition to the acceptance of the crosscultural legitimacy of human rights, especially for women. While these arguments were being aired at the Conference, African NGOs were vigorously using examples of the marginalization of women to promote the opposite view. The most important aspect of these conflicting views is which group has the most power and resources to voice its interpretation of the situation. With most African countries governed by a dual system of laws, customary law and common or civil law (left over from colonialism), human rights groups are working to instill human rights principles into common law through the ratification of international conventions. Thus, persons in need could be viewed not as victims but as individuals entitled to enforceable and universal rights. Misuse of the term "culture" can marginalize women even as it is being promoted as a protective device for women. A more useful view of culture is as something which transcends traditional boundaries and locates people and institutions in the global community

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.

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, ...

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 ...

Vulnerability and the Principle of Non-refoulement in the European Court of Human Rights : Towards an Increased Scope of Protection for Persons Fleeing from Extreme Poverty?

NARCIS (Netherlands)

Flegar, Veronika

2016-01-01

“Economic refugees” largely remain outside the international protection regimes of refugee and human rights law. Nevertheless, recent case law of the European Court of Human Rights (ECtHR) opens up limited possibilities for economic refugees to rely on Article 3 of the European Convention on Human

HUMAN BEINGS TRAFFICKING IN THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

Directory of Open Access Journals (Sweden)

Laura-Cristiana SPĂTARU-NEGURĂ

2017-05-01

Full Text Available 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 that the Convention is a living instrument, its interpretation being made in the light of the present-day conditions. Thus, taking into consideration the global threat of this phenomenon, it is more obvious than ever that the Convention could not neglect this issue.

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

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.

The Role of National Human Rights Institutions (NHRIs) and Regional Networks in Promoting Human Rights and Health related to Sexual Orientation and Gender Identity (SOGI) in Southeast Asia

NARCIS (Netherlands)

Holzhacker, Ronald

The UN is increasingly a place where a critical discussion about human rights and sexual orientation and gender identity is taking place. An important institutional component of the UN system of protection of human rights is the creation of National Human Rights Institutions (NHRIs). The regional

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

rights to refuse sex. Half of women and men (54% and 50%, respectively) reported agreeing that a man has the right to beat his wife if she disobeys. Fifty-three percent of respondents reported that there were reasons to restrict educational opportunities for women at the present time and 50% reported that there were reasons to restrict work opportunities for women at the present time. Nearly half of participating households in 3 southern cities in Iraq reported human rights abuses among household members between 1991 and 2003. The households surveyed supported a government that will protect and promote human rights, including the rights of women. However, currently, neither men nor women appear to support a full range of women's human rights.

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.

Enhancing Environmental Protection and Socio-Economic Development in Africa: A Fresh Look at the Right to a General Satisfactory Environment under the African Charter on Human and Peoples' Rights

Directory of Open Access Journals (Sweden)

Emeka Polycarp Amechi

2009-06-01

Full Text Available The African Charter to Human and Peoples' Rights is an innovative document as it is the first human rights albeit regional instrument to provide for a substantive right to environment. However, the right as provided under the Charter is encumbered as it is linked to the promotion of development. Such linkage has led to the argument that the right can only be invoked where it will not infringe the requirements of socio-economic development. While this issue appears to have engaged the attention of most commentators, there has not been much enquiry into what the right aims to achieve and the implication for the achievement of sustainable development objectives including environmental protection and poverty reduction in Africa. This article therefore seeks to evaluate the utility of the right to the pursuit of sustainable development objectives in Africa.

The Property Right and the Requirements of Environmental Protection

Directory of Open Access Journals (Sweden)

Vasilica NEGRUŢ

2014-11-01

Full Text Available The environmental protection has lately become an essential component of the concept of sustainable development, along with the economic, social and cultural components. Being an objective of public interest, the environmental protection and conservation are essential to ensure the habitat necessary for continuing the human existence. Considering this aspect, the limitation of ownership required by certain laws has both a social and moral justification, the environmental protection having a direct link with the level of public health, which is a value of national interest. The legal limits of the ownership are restrictions brought by the law, considering aspects regarding the general interest of society. In this article we intend to emphasize, on the analysis and comparison of legislation and case law, the nature of the relationship between ownership of property and environmental rights, as well as the limitations of property rights in favor of environmental protection. As a conclusion, the environmental easements meet a wide national and international recognition and guarantee, the holder of the property having to exercise it in the interest of the whole community, including the protection and conservation of the environment. At the same time, we must consider that the right to property and environment are fundamental rights guaranteed by the Romanian Constitution itself, which makes us conclude that they converge and mutually enrich across the fundamental duties as well.

EU Law Autonomy Versus European Fundamental Rights Protection

DEFF Research Database (Denmark)

Storgaard, Louise Halleskov

2015-01-01

In the recently issued Opinion 2/13, the EU Court of Justice ruled that EU accession to the European Convention on Human Rights on the basis of the current Draft Accession Agreement would be incompatible with the EU Treaties. This article examines the impact of Opinion 2/13 on European fundamental...... rights protection. It argues that the concerns for EU law autonomy expressed in the Opinion for the most part are unwarranted and that the Court, through the use of classic constitutionalist language, seeks to position EU law as the superior European fundamental rights regime. The article furthermore...

Advancing sexual health through human rights: the role of the law.

Science.gov (United States)

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

2015-01-01

Since the International Conference on Population and Development, definitions of sexuality and sexual health have been greatly elaborated alongside widely accepted recognition that sexual health requires respect, protection and fulfilment of human rights. Considerable progress has also been made in enacting or changing laws that affect sexuality and sexual health, in line with human rights standards. These measures include legal guarantees against non-discrimination and violence, decriminalisation of consensual sexual conduct and guaranteeing availability, accessibility, acceptability and quality of sexual health information and services to all. Such legal actions have had positive effects on health and specifically on sexual health, particularly for marginalised populations. Yet in all regions of the world, laws still exist which jeopardise health, including sexual health, and violate human rights. In order to ensure accountability for the rights and health of their populations, states have an obligation to bring their laws into line with international, regional and national human rights standards. These rights-based legal guarantees, while insufficient alone, are essential for effective systems of accountability, achieving positive sexual health outcomes and the respect and protection of human rights.

A human rights based approach to project induced displacement and resettlement

NARCIS (Netherlands)

van der Ploeg, Lidewij; Vanclay, Frank

2017-01-01

AbstractRespecting, protecting and fulfilling human rights must become more prominent in both the processes and outcomes of resettlement. We have developed a Human Rights-Based Approach to Resettlement for use by project operators, rights holders and governments so that they can better understand

A human rights based approach to project induced displacement and resettlement

NARCIS (Netherlands)

van der Ploeg, Lidewij; Vanclay, Frank

2017-01-01

Respecting, protecting and fulfilling human rights must become more prominent in both the processes and outcomes of resettlement. We have developed a Human Rights-Based Approach to Resettlement for use by project operators, rights holders and governments so that they can better understand what the

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)

Human and Citizen Rights Guarantees While Providing Information Security

Directory of Open Access Journals (Sweden)

Serhii Yesimov

2018-05-01

Full Text Available With the development of information and communication technologies, issues of providing information security are becoming more and more aggravated. These are crimes related to the use of electronic computers, systems and computer networks and telecommunication networks, the propaganda of separatism and extremism, etc. While providing information security in the digital environment, the role of technical and legal human rights guarantees, due to technical means of protection, is increasing. Relying on the developers of technical means of protection determines the difference between the aforesaid concepts and the traditional approach to ensuring the protection of human and citizen rights, in which responsibilities are put on information intermediaries, owners of confidential information. Technical guarantees of human rights are a necessary component of ensuring information security, but the effectiveness of the application is provided in conjunction with the legal guarantees of human rights, as evidenced by the tendency to recognize the principles of inviolability of privacy on the basis of design decisions in the law of the European Union as legal acts. Providing information security is a legitimate goal of establishing constraints of human rights, since it can be correlated with the norms of international law. The establishment of constraints of human rights is permissible in order to attain other objectives–ensuring state security, public order, health, rights and freedoms of the person in the information sphere. The legitimacy of this goal is determined by its compliance with the objectives envisaged by international agreements ratified in an established order. The article examines the impact of the use of technical means in the field of providing information security in the aspect of following the fundamental human and civil rights in Ukraine, taking into account the legislation of the European Union and the decision of the European Court

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.

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

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.

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.

63 Film as an Agent of Human Rights Advancement in Nigeria: A ...

African Journals Online (AJOL)

Tracie1

film industry Nollywood,- Charles Offor's Bloody Night and. Kwame Boadu ... Nigeria notably in the areas of right to life, free speech, fair trial, etc (Human Rights ... "The media play an enormously important role in the protection of human rights.

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 ...

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...

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.

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.

Human rights and public health : towards a balanced relationship

NARCIS (Netherlands)

Toebes, Brigit

This contribution attempts to scope the multiple and complex relationships between measures to protect health and the protection of human rights. The article begins with a discussion of the meaning and current understandings of the notion of ‘public health’, after which it explores how ‘public

Urgensi Perlindungan Hukum Bagi Pembela Hak Asasi Manusia (Human Rights Defender) Di Indonesia

OpenAIRE

Rahayu, Rahayu

2010-01-01

Human rights defenders are they working and having activities dealing with any effort to promote human rights. They stand in the front tine of struggle and dignifying human rights to utter the victims of human rights violation (the voice of the voiceless). Their existence is obviously recognized in United Nations' Genera! Assembly Nr. 53/144 on "Declaration on the Right and Responsibility of Individuals, Groups and Organ of Society to Promote and Protect Universally Recognized Human Rights an...

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.

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 ...

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...

Legal Provisions, Discrimination and Uncertainty on LGBT community in Albania. Laws on human rights vs exerted rights of LGBT persons

Directory of Open Access Journals (Sweden)

Urjana Curi

2018-03-01

On March 13, 2010, the Anti-Discrimination Law, one of the essential legal instruments that protects human rights in Albania, and also includes the prohibition of discrimination on the basis of sexual orientation, came into force. Albania has already the Commissioner for Protection from Discrimination. Two LGBT organizations have already been established in Albania: the Alliance against Discrimination LGBT and LGBT Pro Albania. They aim to protect the rights of sexual minorities in Albania and promote a national movement of social mobilization to protect and promote the rights of this community in Albania

CONSIDERATIONS REGARDING THE GUARANTEEING OF HUMAN RIGHTS IN ROMANIA

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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.

Aspects of UN Activities on the International Protection of Women's Rights

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Jana Maftei

2015-05-01

Full Text Available Human rights and their protection represent the regulation object of a major part of all the legal rules encompassing the international public law. The Members’ efforts to protect women's rights and to promote gender equality have resulted in the adoption of important documents, fundamental to all mankind. In the light of these international regulations, States have assumed obligations and they have created mechanisms to achieve them. Through the analytical approach we have highlighted the activities of the United Nations and international bodies for protecting women's rights and gender equality in all sectors of public and private life. In preparing this article we used as research methods the analysis of problems generated by the subject in question with reference to the doctrinal views expressed in the Treaties and specialized articles, documentary research, interpretation of legal norms in the field.

Conceptualising the right to data protection in an era of Big Data

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Yvonne McDermott

2017-01-01

Full Text Available In 2009, with the enactment of the Lisbon Treaty, the Charter of Fundamental Rights of the European Union entered into force. Under Article 8 of the Charter, for the first time, a stand-alone fundamental right to data protection was declared. The creation of this right, standing as a distinct right to the right to privacy, is undoubtedly significant, and it is unique to the European legal order, being absent from other international human rights instruments. This commentary examines the parameters of this new right to data protection, asking what are the principles underpinning the right. It argues that the right reflects some key values inherent in the European legal order, namely: privacy, transparency, autonomy and nondiscrimination. It also analyses some of the challenges in implementing this right in an era of ubiquitous veillance practices and Big Data.

Promoting the Recognition and Protection of the Rights of All Migrants Using a Soft-Law International Migrants Bill of Rights

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Ian M. Kysel

2016-06-01

Full Text Available The rights and movement of people crossing international borders remain inadequately governed and incompletely protected by a fragmented patchwork of institutions and norms. In recent years, debates regarding migration law and practice globally have been focused on subcategories of migrants, such as refugees, or on particular migration contexts, such as migration as a result of crisis or climate change. In response, a transnational initiative housed at the Georgetown University Law Center has drafted a soft-law bill of rights — the International Migrants Bill of Rights (IMBR — that seeks to elaborate the law protecting all migrants, regardless of the cause of their movement across an international border. The bill draws its content from human rights, refugee, and labor law, among other areas, and is drafted to be a comprehensive and declarative tool that articulates a core set of rights to protect migrants and to apply in the migration context.This article articulates how such a tool could be used to promote the recognition and protection of the rights of all migrants, in law and in practice. It argues that a soft-law bill of rights could be leveraged to fill significant gaps and promote an improved normative and institutional infrastructure that better protects all migrants worldwide. Section I provides a brief overview of the gap that a soft-law bill of rights can address. Section II provides a brief overview of the history and content of the bill of rights and IMBR Initiative. Section III describes, specifically, how making use of a soft-law bill of rights stands to improve the recognition and protection of fundamental rights that protect all migrants — and how soft law can help fill specific protection gaps.

CONSIDERATIONS ON THE IMPORTANCE OF OBSERVING HUMAN RIGHTS WITHIN EUROPEAN STATES

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Isabela, STANCEA

2014-11-01

Full Text Available The detailed analysis of the institution of human rights and fundamental freedoms is necessary to know its role. The promotion of the human condition in the world leads to the innovative interpretation of this institution. The existence of so many international legal instruments aims towards a better protection of the human rights in contemporary society. The issue of human rights has occupied an important role within the states, human rights violations being a common concern, especially in the former communist states. The issue of human rights in Romania has emerged and developed very early. The changes made in Romania by the revolution of 22 December 1989 caused an intense process of amending the legislation in order to be correlated with the international standards. Within European states human rights observance has acquired great importance, a matter which will be emphasised in the future as well. The European Court of Human Rights ensures the guarantee of respecting human rights in Europe, having as legal instrument the European Convention on Human Rights.

Climate Change, Human Rights, and Social Justice.

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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

Unaccompanied minor refugees and the protection of their socio-economic rights under human rights law

OpenAIRE

Swart, Sarah

2009-01-01

This paper reflects the results of a study, the main objective of which was to investigate the practical treatment of unaccompanied minor refugees in Ghana and South Africa, and to explore whether such treatment is in accordance with existing international norms and standards for the protection of refugee children. The study focused on the realisation of children's socio-economic rights in order to measure treatment. The paper seeks to address the obstacles which prevent the proper treatment ...

Human Rights and Social Justice: the Convention on the Rights of Persons with Disabilities and the quiet revolution in international law

OpenAIRE

Weller, Penny

2009-01-01

On the 60th anniversary of the Universal Declaration of the Human Rights (UDHR) the Commonwealth Attorney General announced a national public consultation concerning the need for better human rights protection in Australia and the viability of a federal human rights charter. Whether or not the anticipated Charter includes social, economic and cultural rights is directly relevant to questions of social justice in Australia. This paper argues that the legislative acknowledgment of civil and p...

Health and Human Rights in Karen State, Eastern Myanmar.

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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.

Human Rights versus Corporate Rights: Life Value, the Civil Commons and Social Justice

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John McMurtry

2011-08-01

Full Text Available

This analysis maps the deepening global crisis and the principles of its resolution by life-value analysis and method. Received theories of economics and justice and modern rights doctrines are shown to have no ground in life value and to be incapable of recognizing universal life goods and the rising threats to them. In response to this system failure at theoretical and operational levels, the unifying nature and measure of life value are defined to provide the long-missing basis for understanding the common interest, human rights and social justice—that is, the universal life necessities of humanity across cultures and the evolving civil commons infrastructures to ensure them. In contrast, the treaty-imposed corporate rights system miscalled “globalization” is structured to predate life means and support systems at all levels with no accountability beyond itself. Only the logic of life value, human rights and life-protective law, it is concluded, can comprehend or govern this inherently life-blind and cumulatively eco-genocidal regime.

Human Rights versus Corporate Rights: Life Value, the Civil Commons and Social Justice

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John McMurtry

2011-07-01

Full Text Available This analysis maps the deepening global crisis and the principles of its resolution by life-value analysis and method. Received theories of economics and justice and modern rights doctrines are shown to have no ground in life value and to be incapable of recognizing universal life goods and the rising threats to them. In response to this system failure at theoretical and operational levels, the unifying nature and measure of life value are defined to provide the long-missing basis for understanding the common interest, human rights and social justice—that is, the universal life necessities of humanity across cultures and the evolving civil commons infrastructures to ensure them. In contrast, the treaty-imposed corporate rights system miscalled “globalization” is structured to predate life means and support systems at all levels with no accountability beyond itself. Only the logic of life value, human rights and life-protective law, it is concluded, can comprehend or govern this inherently life-blind and cumulatively eco-genocidal regime.

Girl child abuse: violation of her human rights.

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Kapur, P

1995-01-01

The human rights of female children in India and elsewhere, even when protected on paper, are violated in practice. An equitable and egalitarian world order must be established. A comprehensive campaign is needed that combats gender-based inequalities, discrimination, exploitation, oppression, abuse, violence, inhuman values, and violations of human rights, particularly against female children. People must radically change their attitudes and actions towards female children. Female children are not a commodity or sex-object but "an equally worthy human being to be loved, respected, and cared for." Strategies that accomplish these ends include the promotion of human and spiritual values of love, compassion, and nonviolence, and discouragement of values of consumerism and materialism and worthlessness of human beings. Effective education and mass media should counter corruption, dishonesty, selfishness, and inhuman actions. Family structures need to strengthened and enriched. The abuse of female children occurs due to the following interrelated factors: entrenched patriarchal value systems, the perpetuation of traditions and practices that identify girls as inferior to boys, the gender-biased and discriminatory attitude that identifies girl children as a burden or liability and as a sex-object or commodity, and prevalent illiteracy, poverty, and negative parenting life style patterns. Other factors include the low status of women, the reduction in human and spiritual values, and the rise of consumerism and corruption. Girls are subjected to female infanticide, feticide, lack of social and economic development, burdensome domestic work, early marriage and childbearing, neglect and denial of healthy living conditions, sexual abuse and exploitation, prostitution, rape, and a denial of their right to protection.

THE LEGAL PROTECTION OF THE PROPERTY RIGHT

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Anda CRISU-CIOCÎNTĂ

2015-04-01

Full Text Available The property right has been acknowledged as one of the personal fundamental rights since a very long time. It enjoys complete legal protection provided on the top of the national legislation hierarchy by constitutional norms as well as by juridical norms specific to the various legal branches where the property is present. The property right is protected consistently and by means of the criminal law, mainly by those juridical norms that incriminate the illicit behaviours which bring prejudice, as well as by the norms that regulate other criminal right institutions such as those ones which are specific to the safety measures with a patrimonial character. After examining the juridical norms that protect the property, the conclusion is that the juridical protection is awarded only if the property right has a licit character.

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.

Protection of civil rights and technological development

International Nuclear Information System (INIS)

Wagner, H.

1985-01-01

The question of how the consequences of technological development are to be mastered on the legal level is not primarily a problem of the administrative procedure. The essential point in the discussion on protection of basic rights is not to be seen in the citizen's right to participate in administrative procedures, but rather in the substantive civil rights of individual persons as against the government, together with the system of values established in the Basic Law and derived from the basic rights, as well as in the proper functioning of the principle of separation of powers (legislature, administration, and judicature). The law on procedure and thus the idea of (protection of civil rights by rules of procedure) in this context only have an enhancing effect. Practical protection of civil rights is also ascertained in the Federal Republic of Germany by the particularly well-established guarantee of access to the courts. Another idea to be mentioned in this context is an approach that can be termed as 'protection of civil rights by government-funded research'. Other facts contributing to building a protective shield against infringement of civil rights by technology, activities or installations, include e.g. the federal structure of the state and the administration, type and scope of organisation of the public service, the established system of environmental protection and the safety provided by the current system of expert opinions. (orig./HSCH) [de

Protection of civil rights and technological development

Energy Technology Data Exchange (ETDEWEB)

Wagner, H

1985-01-01

The question of how the consequences of technological development are to be mastered on the legal level is not primarily a problem of the administrative procedure. The essential point in the discussion on protection of basic rights is not to be seen in the citizen's right to participate in administrative procedures, but rather in the substantive civil rights of individual persons as against the government, together with the system of values established in the Basic Law and derived from the basic rights, as well as in the proper functioning of the principle of separation of powers (legislature, administration, and judicature). The law on procedure and thus the idea of (protection of civil rights by rules of procedure) in this context only have an enhancing effect. Practical protection of civil rights is also ascertained in the Federal Republic of Germany by the particularly well-established guarantee of access to the courts. Another idea to be mentioned in this context is an approach that can be termed as 'protection of civil rights by government-funded research'. Other facts contributing to building a protective shield against infringement of civil rights by technology, activities or installations, include e.g. the federal structure of the state and the administration, type and scope of organisation of the public service, the established system of environmental protection and the safety provided by the current system of expert opinions. (orig./HSCH).

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.

In Search of a Universal Human Rights Metaphor: Moral Conversations across Differences

Science.gov (United States)

Gordon, Mordechai

2018-01-01

This article takes up the educational challenge of the framers of the Universal Declaration of Human Rights. Specifically, the author explores the question of: how can we talk about a universal conception of human rights in a way that both respects the need for cultural pluralism and the necessity to protect those rights and freedoms that all…

Culture and the human rights of women in Africa: Between light and shadow

OpenAIRE

Ssenyonjo, M

2007-01-01

Copyright @ School of Oriental and African Studies. Despite the ratification by African states of several human rights instruments protecting the human rights of women in Africa, and the solemn commitment of the African states to eliminate all forms of discrimination and harmful practices against women, women in Africa still continue to experience human rights violations. Most African women are denied the equal enjoyment of their human rights, in particular by virtue of the lesser status a...

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.

Where Public Health Meets Human Rights: Integrating Human Rights into the Validation of the Elimination of Mother-to-Child Transmission of HIV and Syphilis.

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

2017-12-01

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.

Informal Justice Systems: Charting a Course for Human Rights-Based Engagement

DEFF Research Database (Denmark)

Kerrigan, Fergus; McKay, Anne Louise; Kristiansen, Annali

engagement with informal justice systems can build greater respect and protection for human rights. It highlights the considerations that development partners should have when assessing whether to implement programmes involving informal justice systems, the primary consideration being that engagement......Providing accessible justice is a state obligation under international human rights standards, but this obligation does not require that all justice be provided through formal justice systems. If done in ways to respect and uphold human rights, the provision of justice through informal justice...... systems is not against human rights standards and can be a mechanism to enhance the fulfilment of human rights obligations by delivering accessible justice to individuals and communities where the formal justice system does not have the capacity or geographical reach. This study seeks to identify how...

THE BASIC OBJECTIVES OF DEMECRACY  AND FUNDAMENTAL INTERNATIONAL AGREEMENTS  FOR THE PROTECTION OF HUMAN RIGHTS

OpenAIRE

ILGAZ , Dr.Nesrin DEMİR  Assist.Prof.Dr.Deniz

2007-01-01

The basic objectives of democracy, as they take place openly in the definition of the concept and are lead primarily by freedom and equality, are listed as political representation, political participation and rights. The first important document created in the international arena concerning human rights is the Universal Declaration on Human Rights, an instrument of the United Nations. A regional agreement which has great significance is the European Convention on Human Rights and Fundamental...

Cultural Diversities and Human Rights: History, Minorities, Pluralization

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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.

The Prisoners' Rights Protection in Indonesia Law System of Justice

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Haidan Haidan

2016-03-01

Full Text Available The aim of the paper is to examine the provision of the prisoner’s rights protection in Indonesia law system of justice and its relation to the exemption conditional (EC in correctional institution. As an important issue, here is if the defendant override rules associated with the controversial issue in society, they will both at national and international level, such as human rights issues. The case was appeared recently, especially in the connection with the cases of exemption conditional, i.e. Pollycarpus Budihari Priyanto’s case. The case has become the center of public attention, especially after release of the Ministry of Law and Human Rights, who has been freeing the prisoners that related to the homicides Human Rights Activists (HRA i.e Munir Said Thalib. In the community, this decision raises the pro and contra. This paper concludes that all persons deprived of their liberty will be treated with humanity and guaranteed them with respect for the inherent dignity of the human person to be in accordance with the existing rules. In this case, the government of Indonesia has given the rights of prisoners through the stages of development of the inmates according to the stage of the penal process that refers to laws and regulations and implementation of technical regulations. The paper also recommends that the need for the government to deliver data either traditionally or electronically linked plan of exemption conditional.

[The reasonable use of right ventricular protection strategy in right ventricular outflow tract reconstruction].

Science.gov (United States)

Zhang, Y; Yuan, H Y; Liu, X B; Wen, S S; Xu, G; Cui, H J; Zhuang, J; Chen, J M

2018-06-01

As a result of right ventricular outflow tract reconstruction, which is the important and basic step of complex cardiac surgery, the blood flow of right ventricular outflow tract is unobstructed, while pulmonary valve regurgitation and right heart dysfunction could be happened. These problems are often ignored in early days, more and more cases of right heart dysfunction need clinical intervention, which is quite difficult and less effective. How to protect effectively the right ventricular function is the focus. At present main methods to protect the right ventricular function include trying to avoid or reduce length of right ventricular incision, reserving or rebuilding the function of the pulmonary valve, using growth potential material for surgery. The protection of the right ventricular function is a systemic project, it involves many aspects, single measures is difficult to provide complete protection, only the comprehensive use of various protection strategy, can help to improve the long-term prognosis.

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.

The Concept of Rights and Protection to Employees: A Comparative Overview

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RAJA RAZIFF RAJA SHAHARUDDIN

2013-12-01

Full Text Available Issues relating to the rights and protection accorded to employees throughout their employment with the employers is a matter that has been given much attention and treated with utmost priority in any organization, be it in the public or the private sector. It is an undeniable fact that the success story of any organization in the generation of profits in its enterprise or the smooth running in achieving the organization's desired objectives is much attributed to having a reliable, skilled and efficient workforce. Today, employees have been regarded as one of the most valuable assets of any organization. In pursuant thereto, apart from having various employment packages, laws regulating employment were enacted as protective measures in guiding both employers and employees. At the international level, rights and protections to employees have been embedded in the Universal Declaration of Human Rights. Comparatively, under the Shariah, though a similar concept has been forwarded, the notion of employment has been elevated to the status of ‘ibadah. Islam places importance of adhering to the Shari`ah principles in dealing with protection accorded to employees. As employment is regarded as ‘ibadah’ the employees are required and enjoined to observe full dedication, sincerity and commitment to their tasks. It is the responsibility of the employers, on the other hand, to ensure that the welfare of their employees is well protected. This paper attempts to outline the concept of employment under the Shari’ah and civil perspectives and to provide a comparative understanding on the rights and protection accorded to employees.

Alternative Dispute Resolution as a form of protection of civil rights, freedoms and interests

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Олег Степанович Ткачук

2016-06-01

Full Text Available The article is devoted to the problems of alternative civil dispute resolution and understanding of this phenomenon in western legal tradition and through the national paradigm of forms of protection of civil rights, freedoms and interests. The conception of “alternative dispute resolution” was analyzed by foreign and national scholars, such as M. Cappelletti, B. Garth, F. Sander, E. I. Nosyreva, O. M. Spektor, V. V. Komarov and others. The main objective of the paper is to analyse the essence of alternative dispute resolution as an order of protection and as a form of protection of civil rights. The author delimits such categories as order of protection and form of protection. From this point of view alternative dispute resolution is considered to be an independent form of protection of civil rights, freedoms and interests as well as judicial, administrative, notarial forms of protection and the protection in European court of human rights. As a result alternative dispute resolution can be understood as a form of protection of civil rights, freedoms and interests which consists of quasi-judicial and consensual methods of resolving civil disputes, based on voluntariness of treatment of persons, who was a participators of dispute, and voluntariness of enforcement of final decision of such procedure, which thought can be enforced coercively in a simplified procedure

MEDICAL AND LEGAL ISSUES OF THE DECISIONS RENDERED BY THE EUROPEAN COURT OF HUMAN RIGHTS.

Science.gov (United States)

Chakhvadze, B; Chakhvadze, G

2017-01-01

The European Convention on Human rights is a document that protects human rights and fundamental freedoms of individuals, and the European Court of Human Rights and its case-law makes a convention a powerful instrument to meet the new challenges of modernity and protect the principles of rule of law and democracy. This is important, particularly for young democracies, including Georgia. The more that Georgia is a party to this convention. Article 3 of the convention deals with torture, inhuman and degrading treatment, while article 8 deals with private life, home and correspondence. At the same time, the international practice of the European court of human rights shows that these articles are often used with regard to medical rights. The paper highlights the most recent and interesting cases from the case-law of the ECHR, in which the courts conclusions are based solely on the European Convention on Human Rights. In most instances, the European Court of Human Rights uses the principle of democracy with regard to medical rights. The European court of human rights considers medical rights as moral underpinning rights. Particularly in every occasion, the European Court of Human Rights acknowledges an ethical dimension of these rights. In most instances, it does not matter whether a plaintiff is a free person or prisoner, the European court of human rights make decisions based on fundamental human rights and freedoms of individuals.

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.

Philosophical foundations of human rights

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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...

Medical and biological progress and the European Convention on Human Rights.

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Byk, C

1992-01-01

The advances made in life sciences are one of the most significant features of the 20th century scientific revolution and human rights obviously enjoy prominence among the legal issues affected by the development of medicine. The case law of the organs of the European Convention on Human Rights arising from developments in the biomedical sciences is reviewed. The approach of especially the European Commission on Human Rights to the consequences of advances in the life sciences on the protection of the individual's physical integrity and the protection of freedom of thought and private and family life is analysed. 'Contrary to what we are led to believe, it is not from the starting-point of biology that a particular idea of man can be formed; on the contrary, it is from the starting-point of a particular idea of man that biology can be used to serve him': F Gros, F Jacob & P Royer Life Sciences and Society (1979) 288.

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

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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…

45 CFR 164.522 - Rights to request privacy protection for protected health information.

Science.gov (United States)

2010-10-01

... ADMINISTRATIVE DATA STANDARDS AND RELATED REQUIREMENTS SECURITY AND PRIVACY Privacy of Individually Identifiable Health Information § 164.522 Rights to request privacy protection for protected health information. (a)(1... 45 Public Welfare 1 2010-10-01 2010-10-01 false Rights to request privacy protection for protected...

Reconfiguring the Law of Non-Refoulement: Procedural and Substantive Barriers for Those Seeking to Access Surrogate International Human Rights Protection

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Mark R. von Sternberg

2014-12-01

Full Text Available Both geographic and normative constraints restrict access to surrogate international human rights protection for those seeking a haven from serious human rights abuses. Primary among territorial restrictions has been the fall-out from the US Supreme Court’s decision in Sale v. Haitian Council Centers in which the court explicitly ruled that nothing in US statutory law, or in the 1951 Convention on Refugees or its 1967 Protocol, precluded the interdiction of Haitian refugees in international waters and their return to the country of origin without an effective interview on their protection clams. This ruling is in transparent contradiction to the general international law norm of non-refoulement according to modern scholarship and emerging case law. This paper concludes that Sale should be overturned by statute as should related pre-screening practices. A new standard of “jurisdiction” should be adopted which does not depend on territorial access to a signatory state but on whether the state is exercising power in fact. Similar concerns exist with respect to safe third country agreements which often offend the international customary right of the asylum seeker to choose where his or her claim will be filed. This paper argues that the right of choice should be recognized and onward travel and admission to the country of destination allowed. This result is especially called for where return of the alien by the country of first contact raises serious concerns under the law of non-refoulement. Imbalances noted in this paper include those generated by the new terrorism related grounds of inadmissibility in theUnited States and the summary denial of children’s asylum claims flowing from gang violence.Other questions are raised in this paper concerning work authorization and detention of asylum seekers. Access to an employment authorization document for those filing colorable claims should be recognized by statute to render US practice

Special Section: Human Rights

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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…

Boundaries and restrictions of “The right to life” according to the European Court of Human Rights (Article 2 of ECHR jurisprudence

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Pjereta Agalliu

2018-03-01

Full Text Available The first substantial right of the European Convention on Human Rights (henceforth referred to as the Convention is the right to life, set out in Article 2. This right was the first one to be attached to this Convention, because human life is more important than any other right. If one is deprived of the right to life in an arbitrary manner, all other rights are illusionary. Being a fundamental right, it is protected by a number of national and international 1 instruments and the most important one, which has made it most relevant in the aspect of legislative theory, but also as part of the application of the right to life, is the Convention. Based on the European Court of Human Rights’ (henceforth referred to as the Court caselaw, we manage to determine the boundaries and the restrictions of the right to life. This paper includes findings which relate to the concept of the right to life, the protection and guarantees that the Convention offers, Article 2 of the Convention in particular, and the criteria for the restrictions applying on the right to life. The active obligation of the state bears a special importance in this matter, along with the definition of the boundaries and restrictions of the right to life and the boundaries and restrictions applying to the obligations of the Adhering States to guarantee the protection of life and their responsibility in those cases recognized by the Convention when this right is restricted.

The protection of fundamental human rights in criminal process General report

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Brants, C.; Franken, Stijn

2009-01-01

This contribution examines the effect of the uniform standards of human rights in international conventions on criminal process in different countries and identifies factors inherent in national systems that influence the scope of international standards and the way in which they are implemented in

Inclusive Democracy: Franchise Limitations on Non-Resident Citizens as an Unjust Restriction of Rights under the European Convention on Human Rights

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Julie Fraser

2017-04-01

Full Text Available The Public International Law and Policy Group (PILPG advises parties in peace negotiations, on drafting post-conflict constitutions, and assists in prosecuting war criminals. As part of this work, PILPG assists States in establishing and implementing electoral systems that meet international standards for democratic elections, and undertakes election monitoring. Free and fair elections are crucial for the legitimacy of democratic States and are protected by human rights law. The present article focuses on the issue of the franchise and on the restrictions permitted under the European Convention on Human Rights (ECHR. Specifically, this article addresses franchise restrictions on non-resident citizens across ECHR member States. Setting out the protections for the franchise in Article 3 of Protocol No. 1 ECHR, this article analyses the permissible limitations on those rights according to the jurisprudence of the European Court of Human Rights (ECtHR. The article presents a comparative analysis of other voting rights cases, such as the limitations on prisoners’ franchise. After considering whether residency-based limitations pursue legitimate and proportionate aims, it questions whether blanket restrictions disenfranchising non-resident citizens should be permissible today. The article concludes by advocating the importance of an inclusive franchise for the legitimacy of democratic systems as well as the protection of individual rights, and inviting the ECtHR to revisit its jurisprudence on this topic.

THE FUNDAMENTAL RIGHT TO PROTECTION OF HEALTH

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Cristina Teodora POP

2015-04-01

Full Text Available The insurance of the right to protection of health is regulated as obligation of the signatory states in the main international and European documents related to fundamental rights, in the constitutions of these states and in their infra-constitutional laws. In Romania, the right to protection of health is regulated at article 34 of the Fundamental Law, its standards of protection, stipulated in the international and the European acts that our country is part to, obliging the Romanian state, through the constitutional dispositions of article 20 and article 148 paragraph 2, as well. In application of article 34 of the Constitution, there were adopted at national level Law no.95-2006 concerning the reform in the field of health and other normative acts referring to subdomains of public health. A specific form to guarantee the right to protection of health, for each country, is the one realized by criminal law stipulations.

Examination of the roles and capacities of duty bearers responsible for protecting the human rights to adequate food, nutritional health and wellbeing in Ugandan children's homes.

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Olafsen, Monica; Rukooko, Archangel Byaruhanga; Iversen, Per Ole; Andreassen, Bård A

2018-04-17

The majority of Ugandan children face vulnerability and malnutrition. As a State Party to international human rights treaties, Uganda has legal obligations of guaranteeing the fundamental rights and the best interest of the nation's children. Despite being protected under international and national law, Uganda is not providing adequate child protection, including safeguarding children's food security. Numerous privately owned and unregulated children's homes face this problem. The overall aim of the study was to examine to what extent children's homes' operations are consistent with the right to adequate food, nutritional health and wellbeing of children. We performed a qualitative role- and capacity analysis of duty bearers with human rights duties towards children living in children's homes. We studied three groups of duty bearers: caretakers working in private children's homes, State actors working in government and its institutions, and non-State actors working in civil society organizations. A human rights based approach guided all aspects of the study. An analysis of the roles, performance and capacities of duty bearers was employed, with individual face-to-face structured qualitative in-depth interviews, self-administered structured questionnaires, and a structured observational study, as well as a desk review of relevant literature. The State of Uganda's efforts to respect and realize its obligations towards children living in children's homes is inadequate. There are numerous capacity gaps among the duty bearers, and the concepts of human rights and the best interest of the child are not well understood among the duty bearers. The efforts of the State of Uganda to realize its human rights obligations towards children in children's homes are lacking in important areas. Hence the State does not fulfill its minimum obligations under the International Covenant on Economic, Social and Cultural Rights to ensure all children freedom from hunger. There is a need

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...

Health and human rights advocacy: perspectives from a Rwandan refugee camp.

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Pavlish, Carol; Ho, Anita; Rounkle, Ann-Marie

2012-07-01

Working at the bedside and within communities as patient advocates, nurses frequently intervene to advance individuals' health and well-being. However, the International Council of Nurses' Code of Ethics asserts that nurses should expand beyond the individual model and also promote a rights-enabling environment where respect for human dignity is paramount. This article applies the results of an ethnographic human rights study with displaced populations in Rwanda to argue for a rights-based social advocacy role for nurses. Human rights advocacy strategies include sensitization, participation, protection, good governance, and accountability. By adopting a rights-based approach to advocacy, nurses contribute to health agendas that include more just social relationships, equitable access to opportunities, and health-positive living situations for all persons.

Legal rights, human rights and AIDS: the first decade. Report from South Africa 2.

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Cameron, E

1993-01-01

A broad range of coercive measures has been considered internationally and applied in some countries in the interest of controlling the spread of HIV. Although a couple such measures are on the books in South Africa, they have never been invoked and will soon be officially repealed. There is, however, a problem in South Africa with the violation by health care workers, employers, and others of individuals' rights to dignity, privacy, and autonomy. The exaggerated and undue fear that doctors and other health workers have of being infected by patients with HIV has led to widespread and gross human rights abuses in clinical management and treatment. Abuses include the refusal of treatment, testing patients for HIV without their informed or any consent, insisting upon HIV testing devoid of diagnostic or therapeutic justification, and widespread breaches of confidentiality. Persons with AIDS and HIV are also denied access to their fair share of national resources. This latter phenomenon is likely to become the principal form of human rights abuse, with racism and class differences exacerbating the problem. The practice is proliferating and takes many forms including pre-employment HIV testing; exclusionary discrimination in insurance; discrimination between HIV and other life-threatening conditions in corporate medical, pension, and provident funds; and the discriminatory denial of fair and adequate health care to people with HIV or AIDS. Discrimination of all kinds, however, retards preventive efforts. Public health therefore demands the recognition and enforcement of individual human rights and that structures of discrimination be eliminated. Human rights protection may, by limiting the effect of discrimination, play a significant part in fighting the epidemic. Protective measures could include enacting legislation to prohibit pre-employment testing, legislation to regulate the provision of insurance and to prohibit or regulate pre-insurance HIV testing and the

Brazilian Human Rights Policy Strategy in the First Lula Government

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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.

International human rights for mentally ill persons: the Ontario experience.

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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.

The Observance of Human Rights and Freedoms in the Extradition Proceedings at National and International Levels

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Mariana (Mitra Radu

2013-08-01

Full Text Available The fundamental rights and freedoms contained in international documents may be the object of the denial of an extradition request as independent exceptions, even if they are not covered by extradition treaties. The right to life is a fundamental human right whose protection must be achieved in the extradition proceedings. By Law no. 30/1994, Romania ratified the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by the Council of Europe.

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.

Pragmatic Challenges to Human Rights

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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....

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.

Deuteronomy and Human Rights

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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.

Employing human rights frameworks to realize access to an HIV cure.

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Meier, Benjamin Mason; Gelpi, Adriane; Kavanagh, Matthew M; Forman, Lisa; Amon, Joseph J

2015-01-01

The scale of the HIV pandemic - and the stigma, discrimination and violence that surrounded its sudden emergence - catalyzed a public health response that expanded human rights in principle and practice. In the absence of effective treatment, human rights activists initially sought to protect individuals at high risk of HIV infection. With advances in antiretroviral therapy, activists expanded their efforts under international law, advocating under the human right to health for individual access to treatment. As a clinical cure comes within reach, human rights obligations will continue to play a key role in political and programmatic decision-making. Building upon the evolving development and implementation of the human right to health in the global response to HIV, we outline a human rights research agenda to prepare for HIV cure access, investigating the role of human rights law in framing 1) resource allocation, 2) international obligations, 3) intellectual property and 4) freedom from coercion. The right to health is widely recognized as central to governmental, intergovernmental and non-governmental responses to the pandemic and critical both to addressing vulnerability to infection and to ensuring universal access to HIV prevention, treatment, care and support. While the advent of an HIV cure will raise new obligations for policymakers in implementing the right to health, the resolution of past debates surrounding HIV prevention and treatment may inform claims for universal access.

Human rights violations among sexual and gender minorities in Kathmandu, Nepal: a qualitative investigation.

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Singh, Sonal; Pant, Sunil Babu; Dhakal, Suben; Pokhrel, Subash; Mullany, Luke C

2012-05-16

Nepal has experienced sporadic reports of human rights violations among sexual and gender minorities. Our objective was to identify a range of human rights that are enshrined in international law and/or are commonly reported by sexual and gender minority participants in Kathmandu, to be nonprotected or violated. In September 2009 three focus group discussions were conducted by trained interviewers among a convenience sample of sexual and gender minority participants in Kathmandu Nepal. The modified Delphi technique was utilized to elicit and rank participant-generated definitions of human rights and their subsequent violations. Data was analyzed independently and cross checked by another investigator. Participants (n = 29) reported experiencing a range of human rights violations at home, work, educational, health care settings and in public places. Lack of adequate legal protection, physical and mental abuse and torture were commonly reported. Access to adequate legal protection and improvements in the family and healthcare environment were ranked as the most important priority areas. Sexual and gender minorities in Nepal experienced a range of human rights violations. Future efforts should enroll a larger and more systematic sample of participants to determine frequency, timing, and/or intensity of exposure to rights violations, and estimate the population-based impact of these rights violations on specific health outcomes.

The Institute of Commissioner for Human Rights in the Republic of Peru

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Dariya V. Teplyakova

2015-01-01

Full Text Available The presented article is devoted to the analysis of the basic principles of development, formation and activity of the institute of rhe Commissioner for Human Rights in the Republic of Peru. This Latin American state only 65 years ago took the democratic pass. Thirteen various constitutions were accepted in the meantime, and only the last constitution of 1993 could proclaim really democtratic principles of a state regime. The constitution recognizes a wide range of personal, socio-economic and political rights and freedoms of individuals. One of the guarantees of their implementation in practice is establishment of the institute of the Commissioner for Human Rights (in the Peruvian legislation referred to "The defender of the people" [Defensor del pueblo (spanish], which is regulated by chapter 11 of the Political Constitution of 1993, and also by the Organic Act on the Human Rights Protection Agency № 26520 of August 4, 1995. The represented article analyzes the role and the significance of the institute of Human Rights Commissioner in the Republic of Peru on the basis of Peruvian organic legislation. The research paper investigates the procedure for forming this institution, demonstrates the process of electing the Commissioner for Human Rights as well as the appointment of his two deputies. Particular emphasis is laid upon the scope of the Ombudsman's responsibility and his cooperation with other state authorities in the Republic of Peru, including National Congress, along with the value of annual and emergency reports of Human Rights Commissioner to the State's legislative Authority. Special attention is paid to the procedure of consideration of citizen' complaints by the Human Rights Protection Agency. Annually the Commissioner for Human Rights submits the report on activities over the expired year to the Members of Congress, published in the official publication "El Peruano", which contains the report on the number and type of the

Human Rights, History of

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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

International Security Presence in Kosovo and its Human Rights Implications

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Istrefi Remzije

2017-11-01

Full Text Available 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 and for ‘shouldering’ UNMIK and local security forces in some civilian peace-building tasks. In the course of the exercise of its mandate, there were alleged complaints of human rights violations by KFOR. The legal implications of these alleged complaints against KFOR (inactions will also be discussed.

60 THE PLACE OF HUMAN RIGHTS IN NIGERIA'S DEMOCRACY ...

African Journals Online (AJOL)

Ike Odimegwu

certain institutions are needed to secure and protect those inviolable and inalienable rights ... generated serious debate in the intellectual circle, depending on the school one ... of the nature and essential characteristics of human person. The particular .... wild beast and strong feelings lead astray rules and the very best of ...

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

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…

The protection of fundamental human rights in criminal process
General report

Directory of Open Access Journals (Sweden)

Chrisje Brants

2009-10-01

Full Text Available This contribution examines the effect of the uniform standards of human rights in international conventions on criminal process in different countries and identifies factors inherent in national systems that influence the scope of international standards and the way in which they are implemented in a national context. Three overreaching issues influence the reception of international fundamental rights and freedoms in criminal process: constitutional arrangements, legal tradition and culture, and practical circumstances. There is no such thing as the uniform implementation of convention standards; even in Europe where the European Convention on Human Rights and Fundamental Freedoms and the case law of the European Court play a significant role, there is still much diversity in the actual implementation of international norms due to the influence of legal traditions which form a counterforce to the weight of convention obligations. An even greater counterforce is at work in practical circumstances that can undermine international norms, most especially global issues of security, crime control and combating terrorism. Although convention norms are still in place, there is a very real risk that they are circumvented or at least diluted in order to increase effective crime control.

Human rights and democracy in a global context: decoupling and recoupling

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Samantha Besson

2011-03-01

Full Text Available Human rights and democracy have been regarded as a mutually reinforcing couple by many political theorists to date. The internationalisation of human rights post-1945 is often said to have severed those links, however. Accounting for the legitimacy of international human rights requires exploring how human rights and democracy, once they have been decoupled or disconnected, can be recoupled or reunited across governance levels (vertically and maybe even at the same governance level (horizontally albeit beyond the state. The article does so in three steps. The first prong of the argument is dedicated to presenting the moral-political nature of human rights and their relationship to political equality and, hence, their inherent legal nature from a democratic theory perspective. The second section of the article then draws some implications for the domestic or international levels of legal recognition and specification of human rights by reference to their legitimation within the domestic democratic community. It explains the mutual relationship between human rights and citizens’ rights and where international human rights draw their democratic legitimacy from. In the third and final section, the author discusses potential changes in the nature and legitimacy of international human rights once political structures beyond the state become more democratic, and human rights and democracy are being recoupled again at various levels of governance. The European Union being one of the most advanced examples of post-national political integration, recent developments in the regime of human rights protection within the EU are discussed in this new light. In a final step, the transposition to the global level of the argument developed in the European case is assessed and the author flags issues for further research on what democratic theorists should hope for in the new global order.

Human Rights and Human Function

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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.

Training medical students in human rights: a fifteen-year experience in Geneva

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Philippe Chastonay

2012-09-01

Full Text Available Background: Training health professionals in the field of human rights has long been advocated by the United Nations. Over the past decade some medical schools have introduced health and human rights courses, yet by far not all. This paper describes the objectives and the content of the Health and Human Rights program developed at the Faculty of Medicine, University of Geneva. Methods: The health and human rights program was developed through the identification of the course objectives, contents, and educational modalities using consensus techniques, and through a step by step implementation procedure integrating multiple evaluation processes. Results: Defined objectives included the familiarization with the concepts, instruments and mechanisms of human rights, the links between health and human rights, and the role of health professionals in promoting human rights. The content ultimately adopted focused on the typology of human rights, their mechanisms of protection, their instruments, as well as social inequalities and vulnerable groups of the population. The implementation proceeded through a step by step approach. Evaluation showed high satisfaction of students, good achievement of learning objectives, and some academic and community impact. Conclusions: High interest of students for a human rights course is encouraging. Furthermore, the community projects initiated and implemented by students may contribute to the social responsibility of the academic institution.

The Impact of the Protection of Human Subjects on Research. Working Paper No. 70.

Science.gov (United States)

Halpern, Andrew S.

The author discusses the experimenter's responsibility for the protection of human subjects (such as the handicapped) in research and the impact of this responsibility on methods of doing research. Considered are the types of human rights that are most frequently in need of protection within a research setting (such as the right to privacy); the…

Retrogression in the legal protection of the right to academic freedom in Europe

OpenAIRE

Beiter, Klaus D.; Karran, Terence; Appiagyei.Atua, Kwadwo

2016-01-01

This article assesses to what extent the right to academic freedom as construed in terms of international human rights law, specifically UNESCO’s Recommendation on the Status of Higher-Education Teaching Personnel of 1997, is protected in the law of the 28Member States of the European Union. It determines the elements of this right, to then operationalise these by way of indicators accorded numeric values in order to assess state compliance and rank states in terms of their performance. The a...

Accountability for the Human Rights Implications of Natural Disasters : A Proposal for Systemic International Oversight

NARCIS (Netherlands)

Hesselman, Marlies; Cubie, Dug

2015-01-01

The practical and operational challenges of responding to disasters such as earthquakes, tsunamis and hurricanes are well known, so the recent decision by the UN Human Rights Council to commission research on best practices and challenges in the promotion and protection of human rights in

Protection of Fundamental Rights Post-Lisbon:The Interaction between the EU Charter of Fundamental Rights, the European Convention on Human Rights (ECHR) and National Constitutions (FIDE National Report for the United Kingdom)

OpenAIRE

Lock, Tobias; Layden, Patrick

2011-01-01

This is the United Kingdom national report for the FIDE XXV Congress on the 'Protection of Fundamental Rights Post-Lisbon'. The national report consist of answers from a UK perspective to questions posed by the general rapporteur on the following general topics: Nature and scope of fundamental rights protected; Horizontal Effect and Collision of rights; Consequences of the entry into force of the EU Charter of Fundamental Rights; Consequences of the accession of the EU to the ECHR; The future...

Business and human rights: from soft law to hard law?

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Ramona Elisabeta Cîrlig

2016-12-01

Full Text Available Over the last decades the international community turned its attention towards the impact that businesses have on human rights, and the role they can play in furt hering human rights protection, in light of the lead role they play in globalization, and the increasingly vocal allegations of human rights violations directed against some multinationals. These developments triggered some action at the United Nations, an d at the European Union level, and led to the development of international soft law in this area, moving slowly towards binding instruments. This paper explores the evolution of business and human rights, presents the current international non-binding instruments, as well as some states’ binding initiatives in this area, and highlights the tendency to move from soft law to hard law, to leave the realm of voluntary corporate responsibility for the one of pure accountability. In this context, several solutions are debated by scholars: from a binding treaty, or a series of narrower treaties focused on specific areas, to a Model Law which could be used by states to enact laws imposing obligations on businesses within their jurisdictions, or even adding human rights in the international investment agreements and making use of the international arbitration as an enforcement mechanism.

Human rights violations among sexual and gender minorities in Kathmandu, Nepal: a qualitative investigation

Science.gov (United States)

2012-01-01

Background Nepal has experienced sporadic reports of human rights violations among sexual and gender minorities. Our objective was to identify a range of human rights that are enshrined in international law and/or are commonly reported by sexual and gender minority participants in Kathmandu, to be nonprotected or violated. Methods In September 2009 three focus group discussions were conducted by trained interviewers among a convenience sample of sexual and gender minority participants in Kathmandu Nepal. The modified Delphi technique was utilized to elicit and rank participant-generated definitions of human rights and their subsequent violations. Data was analyzed independently and cross checked by another investigator. Results Participants (n = 29) reported experiencing a range of human rights violations at home, work, educational, health care settings and in public places. Lack of adequate legal protection, physical and mental abuse and torture were commonly reported. Access to adequate legal protection and improvements in the family and healthcare environment were ranked as the most important priority areas. Conclusions Sexual and gender minorities in Nepal experienced a range of human rights violations. Future efforts should enroll a larger and more systematic sample of participants to determine frequency, timing, and/or intensity of exposure to rights violations, and estimate the population-based impact of these rights violations on specific health outcomes PMID:22591775

Medicine, law and human rights - a symbiotic relationship.

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Tupanceski, Nikola; Kiprijanovska, Dragana

2014-04-01

Law and medicine are separate professions, and attorneys and physicians often see their professions in conflict. There are, however, more similarities than differences between the two professions. And there are areas of mutual concern and overlap that demand the application of both legal and medical knowledge for the good of the society. In the new categorical system of values, which is substantially influenced by the so-called modern or aggressive medicine, clever physicians, researchers, and technicians discover newer and better ways to do things. Often, what science and technology make possible soon becomes permissible and, eventually, normal and expected. Given the rapid advances in technology and medical technology in particular, it is clear that without the reasonable restraints imposed by philosophical but also, legal critique, medicine and its practitioners may unintentionally convert science and medical method into a muddled philosophy of human life'. Against this background, this paper will handle the questions posed by the extent and protection of human rights and freedoms in terms of application of new biomedical techniques and technologies of treatment toward the development of International human rights law. It also discusses the compatibility of domestic medical law with the normative system of international human rights.

Institutionalizing shame: The effect of Human Rights Committee rulings on abuse, 1981-2007.

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Cole, Wade M

2012-05-01

What motivates compliance with "toothless" international human rights norms? This article analyzes the effectiveness of procedures that allow individuals to petition an international human rights body, the Human Rights Committee, alleging state abuse of their treaty-protected rights under the International Covenant on Civil and Political Rights. Using methodological tools that account for selection biases arising from a country's decision to authorize petitions and its subsequent propensity to be targeted by abuse claims, I find that basic civil rights and religious freedoms improved after states were found to have violated their human rights treaty obligations, whereas physical integrity abuses such as disappearances and extrajudicial killing were somewhat more impervious to change. These findings are interpreted with reference to the concept of "coupling" as borrowed from organizational sociology, and their implications for treaty design and enforcement are considered. Copyright © 2011 Elsevier Inc. All rights reserved.

The protection of the contributive capacity of taxes by the international human rights A proteção da capacidade contributiva tributária pelos direitos humanos internacionais

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Érico Hack

2007-12-01

Full Text Available This article analyses the principle of contributive capacity applied to the tax payment, and its protection by the regional systems of human rights. At first, the principle is analysed, as well as the limits imposed by it, pointing the tax payer´s rights that derivate from it. Then, it show how the human rights conventions protect this principle and the limits to the taxation.Este artigo analisa o princípio da capacidade contributiva que deve reger a tributação e sua proteção pelos sistemas regionais dos direitos humanos. Inicialmente analisa-se o princípio e seus limites, apontando os direitos dos contribuintes que surgem dele. Após, analisa-se de que forma tal princípio e os limites respectivos são protegidos pelos sistemas regionais de proteção aos direitos humanos.

The Enemy at the Gates: International Borders, Migration and Human Rights

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Pia Oberoi

2013-07-01

Full Text Available This article considers contemporary border management regimes from a human rights perspective. It demonstrates how a preoccupation with border controls and enforcement has led to serious concerns for the safety and protection of migrants. As border zones have expanded, border crossing has become a more stigmatized and dangerous activity, and even as globalization has given rise to easier and faster international travel, for some, such movement has been outlawed and stigmatized. Measures to strengthen and “secure” borders have paradoxically made migrants, particularly irregular and vulnerable migrants, more at risk of violence and exploitation by non-State and State actors. Migration governance regimes at international borders are thus increasingly located within security and enforcement frameworks that pay little attention to the principles and standards of international human rights law. The paper argues that a human rights-based approach to such regimes is urgently needed, in order to address a growing human rights crisis at international borders.

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

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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…

From individual to global: Human rights and aphasia.

Science.gov (United States)

Hersh, Deborah

2018-02-01

This commentary marks the 70th anniversary of the Universal Declaration of Human Rights by examining Article 19 and its application to people with aphasia. This group of people still face lack of access, stigmatisation, exclusion, disadvantage and social withdrawal as well as poor public awareness of aphasia and inadequate prioritisation of support and resources. Nevertheless, a range of creative initiatives at individual, healthcare, local community, national and global levels have helped to connect and empower people with aphasia. Such initiatives include provision of accessible information in a range of media, inclusion of people with aphasia in decision-making and as research partners, awareness raising campaigns to counter attitudinal barriers, organisation of community aphasia groups, development of guidelines for best practice, national aphasia associations and international collaborations such as Aphasia United. While ongoing work and resourcing is needed to expand these efforts further, they have helped people with aphasia to be heard and to protect their sense of dignity which underlies human rights. A human rights approach can unite, politicise and refocus these efforts, and highlight the essential role of communication in fostering a better quality of life.

A Human Rights Glossary.

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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…

Current outlook for the study of human rights since its dimensions

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Tania Giovanna Vivas Barrera

2013-05-01

Full Text Available In this paper, we shows a overview of a state of art about the relationships between ontological, epistemological and sociological dimension of human rights. In this research we seek to identify central problems and the methodologies used in such dimensions. In this way, we expose the conceptual framework and tree topics in the research problem: (i constitutional theory; (ii constitutional procedural law, and (iii international systems of human rights protection. This work present the problems found in scientifically articles available in expert databases such as Proquest, Ebsco, Dialnet and Redalyc.

Hepatitis c and human rights: comparison of legal experience of Ukraine and Georgia.

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Senyuta, Iryna Y

2018-01-01

A comparative legal research of human rights provision in Ukraine and Georgia, in the aspect of combating viral HCV, was conducted. Ukrainian advocacy experience and Georgian strategic litigation experience with regard to human rights and HCV was analyzed. Key international instruments, which lay the conceptual foundations as well as outline the measures, which are directed at human rights in patient care provision and fighting viral hepatitis, were elucidated. Attention was paid to the Global health sector strategy. Viral hepatitis, 2016 - 2021 [1], which, for the first time, defined a global strategy on fighting viral hepatitis, in particular HCV and envisaged the advocacy vectors. The frames of interaction of the human rights in patient care concept and public health, which consists in realization of certain human rights were elucidated and the necessity to embody the human rights in patient care concept into the state policy in the field of public health was determined. It was found out that a common international problem in combating HCV is a deficiency of financial resources, which are necessary for effective fighting the epidemics and guarantee equal access to treatment for every person. The international community outlined five most important spheres, which require investments and will catalyze the measures, which need to be taken in order to fight hepatitis. Analysis of the Ukrainian experience was focused on the issue of donated blood safety and successful advocacy campaigns, which were carried out in order to promote the adoption of programs on prophylactics, diagnostics and treatment of HCV both on national and regional levels. Examples of ensuring the rights of the marginalized groups during HCV treatment, in particular of the people who inject drugs, people living with HIV, participants of the antiterrorist operation were provided. Interesting and important is the experience of Georgia concerning human rights protection in the ECtHR, which has a legal

Protection of fundamental rights today

International Nuclear Information System (INIS)

Meyer-Abich, K.M.

1984-01-01

Technical developments can both change the methods of dealing with existing conflicts, and cause new conflicts. Meyer-Abich analyzes five conflicts caused by the technological development in the solution of which the constitutional, liberal, and democratic protection of fundamental rights is not at all guaranteed. Meyer-Abich thinks that these new conflicts can be solved in the framework of the liberal constitutional state, if legal and political consequences are taken in order to guarantee the uncharged protection of fundamental rights under changing conditions. The necessary reforms can, however, only be realized if the way how state and science see themselves changes. Both have to give up their one-sidedness into which have been pushed by conflict which havbe been caused by the scientific and technical development. Only then it will be possible to solve the jemerging conflicts without eopardizing the integritiy of the society. (orig.) [de

Teaching Human Rights Law.

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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.…

An African Perspective on Human Rights.

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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)

Reconciling international human rights and cultural relativism: the case of female circumcision.

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James, Stephen A

1994-01-01

How can we reconcile, in a non-ethnocentric fashion, the enforcement of international, universal human rights standards with the protection of cultural diversity? Examining this question, taking the controversy over female circumcision as a case study, this article will try to bridge the gap between the traditional anthropological view that human rights are non-existent -- or completely relativised to particular cultures -- and the view of Western naturalistic philosophers (including Lockeian philosophers in the natural rights tradition, and Aquinas and neo-Thomists in the natural law tradition) that they are universal -- simply derived from a basic human nature we all share. After briefly defending a universalist conception of human rights, the article will provide a critique of female circumcision as a human rights violation by three principal means: by an internal critique of the practice using the condoning cultures' own functionalist criteria; by identifying supra-national norms the cultures subscribe to which conflict with the practice; and by the identification of traditional and novel values in the cultures, conducive to those norms. Through this analysis, it will be seen that cultural survival, diversity and flourishing need not be incompatible with upholding international, universal human rights standards.

Human Rights and Cultural Identity

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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.

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...

“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

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...

The Aesthetic Education as a pedagogical proposal to strengthen human rights and protection mechanisms

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Diana Estefania Lizarazo Gomez

2016-11-01

Full Text Available This manuscript reports the systematization of a pedagogical proposal from the perspectives of  art education that generate aesthetic developments, to foster a sensible attitude on human rights.  It was implemented with children and teenagers who were 6 to  18 years old, who attend the Fundación Semillito and the school  “José Francisco Socarrás”. The project was created from the need  to share an aesthetic experience that allows spaces where experi- ence through working with others, facilitates the direct encounter  with human rights, not from the theoretical discourse.

Human Rights in the Fourth Decade of the HIV/AIDS Response: An Inspiring Legacy and Urgent Imperative.

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Enoch, Jamie; Piot, Peter

2017-12-01

More than 35 years since the HIV/AIDS pandemic began, HIV continues to cause almost two million new infections each year, and the "end of AIDS" by 2030 remains elusive. 1 Violations of human rights continue to fuel high rates of new infections among key populations and a generalized epidemic in much of sub-Saharan Africa. Meanwhile, as political shifts worldwide threaten not only HIV funding but also progress toward the globalization of human rights, civil society mobilization and advocacy founded firmly on human rights principles have a more vital role to play than ever. Encouragingly, there are numerous examples of successful integration of human rights-based approaches into HIV prevention and treatment initiatives, and evidence increasingly demonstrates that norms enshrining the respect, protection, and fulfillment of human rights can translate into improved public health. 2 This essay will succinctly trace the historic emergence of human rights as an issue at the heart of the HIV/AIDS response; it will then provide examples of progress and setbacks in recent years and consider the potential for rights promotion to address the structural drivers of HIV. Finally, it will consider how the primacy of human rights in HIV/AIDS has affected other fields of global health and will highlight the continuing imperative to work with civil society to protect and promote human rights to reduce the burden of HIV/AIDS.

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.

Respecting the right to access to medicines: Implications of the UN Guiding Principles on Business and Human Rights for the pharmaceutical industry.

Science.gov (United States)

Moon, Suerie

2013-06-14

What are the human rights responsibilities of pharmaceutical companies with regard to access to medicines? The state-based international human rights framework has long struggled with the issue of the human rights obligations of non-state actors, a question sharpened by economic globalization and the concomitant growing power of private for-profit actors ("business"). In 2011, after a six-year development process, the UN Human Rights Council unanimously endorsed the Guiding Principles advanced by the UN Secretary General's Special Representative on Business and Human Rights, John Ruggie. The Ruggie Principles sought to clarify and differentiate the responsibilities of states and non-state actors-in this case, "business" -with respect to human rights. The framework centered on "three core principles: the state duty to protect against human rights abuses by third parties, including business; the corporate responsibility to respect human rights; and the need for more effective access to remedies." The "Protect, Respect, and Remedy" Framework emerged from a review of many industrial sectors operating from local to global scales, in many regions of the world, and involving multiple stakeholder consultations. However, their implications for the pharmaceutical industry regarding access to medicines remain unclear. This article analyzes the 2008 Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines advanced by then-UN Special Rapporteur on the Right to Health, Paul Hunt, in light of the Ruggie Principles. It concludes that some guidelines relate directly to the industry's responsibility to respect the right to access to medicines, and form a normative baseline to which firms should be held accountable. It also finds that responsibility for other guidelines may better be ascribed to states than to private actors, based on conceptual and practical considerations. While not discouraging the pharmaceutical industry from making additional

Psychiatry and human rights: a difficult relationship, but with a growing potential.

Science.gov (United States)

Jarab, Jan

2015-01-01

Persons with psychosocial disabilities (mental health problems) are under the protection of the new United Nations Convention on Rights of Persons with Disabilities (CRPD). The CRPD brings a human rights-based approach to disability: it challenges paternalistic views by emphasizing the person as a rights-holder, an active subject, and not just a passive object of care. It also represents a challenge to mainstream human rights movements and mechanisms who have long paid insufficient attention to human rights of persons with (psychosocial) disabilities. It is increasingly understood that human rights of persons with psychosocial disabilities (mental health problems) should not be seen in the narrow perspective, as if the only issue was the most controversial one, that is, deprivation of liberty. In many areas, reform-minded psychiatrists have themselves initiated human rights-friendly reforms. For instance, efforts to implement article 19 of the CRPD—independent living and inclusion in the community—are increasingly becoming part of the mainstream in mental health care. There is potential for further synergy between mental health professionals and human rights activists in looking at the whole range of civil, political, economic, and social rights listed in the Universal Declaration of Human Rights—realizing that all these rights apply also to persons with psychosocial disabilities, and working together towards removing real-life obstacles to their enjoyment.The building of bridges between the two different types of expertise should be encouraged. In this regard, psychiatry would benefit from more cooperation across borders as well as with international human rights bodies, non-governmental organizations and persons with psychosocial disabilities themselves

47 Employing the Mass Media for the Promotion of Human Rights in ...

African Journals Online (AJOL)

First Lady

2013-01-28

Jan 28, 2013 ... This is found in the human rights protection system of states, international ... the press and to deliver expected benefits to the society. The theory .... provides for gender equality, cases of violations of women's rights and gender ... schooling for the last few years, the rate of girls attending school is still much ...

Voltaire - the first human rights advocate of Europe

OpenAIRE

Utyashev M. M.

2015-01-01

The article deals with a unique even within the age of European Enlightenment humanist essence and human rights activity of the great French philosopher, writer, poet Francois Marie Arouet Voltaire. The author focuses his attention on a new aspect of the well-known thinker - the unselfish and persistent protection of victims of religious intolerance, obscurantism, judicial tyranny. According to the author, Voltaire’s advocacy was the result of his political and legal socialization. This idea ...

Participation, Democracy and Citizenship of Indigenous Peoples in the International Context Through the European systems and Inter-American Human Rights

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Roberto Luiz Silva

2016-06-01

Full Text Available This article presents the global democratization for the protection of minorities through the global promotion of European systems and Inter-American Human Rights. At the level of international human rights law, these ideas are the basis of so-called “speci- fication process rights of individuals”, according to which, in addition to general universal rights extended to all, there is need to recognize specific rights to certain groups vulne- rable in society. With the goal of achieving real equality, or at least reduce the existing factual inequalities. Thus, consolidation of protection of minorities reflects the situation of need access to fair legal system to ensure the effectiveness of fundamental rights and the full consolidation of access to justice through the international courts of justice, aimed at protection of human rights the international context.

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.

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

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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.

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…

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.

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.

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)

The Accountability Turn in Third Wave Human Rights Fact-Finding

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Federica D'Alessandra

2017-04-01

Full Text Available Whereas the characteristics of human rights fact-finding largely vary depending on the typology and scope of the entity that carries it out, consensus seems to be developing that a common set of challenges to human rights fact-finding exists. This is especially so when carried out under United Nations auspices. For example, it has long been acknowledged that the very nature of the institution, sitting as it does at the crossroads of international politics, as well as the seemingly irresolvable tension between calls for human rights protection on the one hand, and State sovereignty on the other, present some structural challenges to human rights fact-finding. Furthermore, issues of coordination between the United Nations and other institutions (such as international governmental and non-governmental organisations, or international tribunals, as well as what some have called a ‘lack of institutional memory’ arguably often feature as regular traits among fact-finding mechanisms. In recent years, a further set of challenges has been added to the mix by additional requirements, featuring increasingly often in mandates, that instruct fact-finding mechanisms to make further determinations of facts (concerning, 'e.g.', the identity of those most responsible for the violations being documented, or the existence of an armed conflict and even consider questions of law ('e.g.' the qualification of the violations as crimes under international law. Building on an expanding body of scholarship on the subject, as well as the author’s own experience with fact-finding efforts sitting at the intersection between traditional international human rights law and international criminal justice, this article argues: (i that human rights fact-finding has evolved in three waves; (ii that the third wave of human rights fact-finding is characterised by an “accountability turn”; and that (iii this turn has brought about an additional set of challenges to the

FREEDOM OF SPEECH IN INDONESIAN PRESS: INTERNATIONAL HUMAN RIGHTS PERSPECTIVE

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Clara Staples

2016-06-01

Full Text Available 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, including sedition and defamation laws, and finally media ownership, on the interpretation and scope of the right to freedom of speech in the press. Consideration of these laws will be integrated with a discussion of judicial processes. This discussion will be used to determine how and in what circumstances the constitutional right to freedom of speech in the press may be facilitated or enabled, or on the other hand, limited, overridden or curtailed in Indonesia. Conclusions will then be drawn regarding the strengths and weaknesses of Indonesian laws in safeguarding the right to freedom of speech in the press and the democratic implications from an international human rights perspective. This inquiry will be restricted to Indonesian laws in existence during the post-New Order period of 1998 to the present, and to the information and analysis provided by English-language sources.

The role played by the South African human rights commission's ...

African Journals Online (AJOL)

contains the commitment to, amongst other things, establish a society based on democratic values, social justice and fundamental human rights, lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law and improve the quality ...

PROCEDURE OF THE INSTITUTION OF HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA IN CASES OF DISCRIMINATION

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Ljubinko Mitrović

2017-12-01

Full Text Available Human Rights Ombudspersons or national institutions for the protection of human rights in most of modern countries today are independent institutions established with the aim of promoting good governance and the rule of law, as well as protection of human rights and fundamental freedoms. Their jurisdiction includes, as a rule, protection and promotion of human rights and freedoms, as well as the functioning of the national preventive mechanisms for the prevention and the prevention of torture and other cruel, inhuman or degrading treatment or punishment. In addition, the powers of these institutions also cover procedures to be applied in cases involving freedom of access to information, and ministerial, governmental and other appointments. An important segment in functioning of the Ombudsman is the prevention or elimination of discrimination. Discrimination (originating from the Latin word discriminare: separate, distinguish, unwarranted discrimination or unequal treatment, or illegal distinction is a negative and socially dangerous phenomenon which in a nutshell means any unequal or different treatment including every exclusion, restriction or preference based on real or assumed grounds against any person or group of persons, and their blood relatives or otherwise related to them, on the basis of their race, color, language, religion, ethnicity, disability, age, national or social origin, political or other opinion, property, membership in a trade union or any other association, education, social status and sex, sexual expression or sexual orientation, and any other circumstance with a purpose or a consequence to disable or endanger recognition, enjoyment or exercise on an equal basis, rights and freedoms in all spheres of life. The methods applied in operation of the national bodies for the protection of equality, primarily the Institution of Human Rights Ombudsman of Bosnia and Herzegovina in discrimination cases are subject of this paper.

The Significance of UNESCO’s Universal Declaration on the Human Genome & Human Rights

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Shawn H.E. Harmon

2005-03-01

Full Text Available Modern medical research, particularly genetic research, is changing the nature of medicine. Concerns surrounding these changes and their potential negative impact on human rights led UNESCO to spearhead collaboration by experts in the creation of an international instrument intended to provide guidance for the promotion of bioethics and the protection of human rights in the genetic context. The result was the Universal Declaration of the Human Genome and Human Rights. This article briefly highlights the scientific and social setting into which the Declaration was injected. This is followed by a consideration of the drafting body (the IBC so as to assess whether UNESCO was the appropriate body to lead this project. The process by which the Declaration was created is also considered so as to assess whether it represents an example of ethical and democratic drafting. Finally, the substantive content of the Declaration is considered and measured against the pre-existing regime so as to assess whether it represents an intelligible and coherent response to the concerns raised capable of offering guidance now and into the future. By assessing these procedural and substantive matters, one can draw some tentative conclusions about the utility and significance of the Declaration.

Victims of ‘private’ crimes and application of human rights in interpersonal relations

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Reiter Axelle

2013-01-01

Full Text Available International human rights law has been challenged because of its alleged inability to safeguard the rights of the most vulnerable victims of violence. Whereas in real life they are often marginalized and effectively left without adequate protection, this is not to be attributed to the absence of an appropriate normative framework but rather to the contempt, lack of enforcement and systemic neglect of their claims. This paper proposes to find a ‘cure’ inside international human rights law, by strengthening the mechanisms that permit a horizontal application of human rights standards in private relations. The paper is divided in four sections. The first section describes the problematic at hand, focusing in particular on violence against women and children. The three subsequent sections then analyze the avenues open to victims in order to claim a ‘third-party’ application of human rights treaties against non-state actors who have violated their fundamental rights.

Preserving Stability and Rights Protection: Conflict or Coherence?

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Chongyi Feng

2013-01-01

Full Text Available The creation of a new administrative institution known as the “Stability Preservation Office” at the central level, which is overseen by the Chinese Communist Party (CCP Central Committee and has branches at every local level, from streets and townships to enterprises, and has extraordinary powers to override other regular institutions and branches of government, is a clear indication that the Chinese government’s efforts to preserve stability are not limited to the conventional business of crime control or public security. This paper traces the origin of the discourse and practice of preserving stability and the rights defence movement in China, investigating the interplay or interaction between the two. It examines the end and the means of stability preservation, explores whether the measures taken by the government to preserve stability or the rights protection actions taken by citizens are the root cause of social unrest, and whether the suppression of discontent or the improvement of human rights and social justice is the better way to achieve social stability in contemporary China. It contributes to our understanding of emerging state-society relations and the latest social and political trends in China.

The UN, National Human Rights Institutions (NHRIs), and Regional Networks: : New Venues for raising LGBT Issues in Southeast Asia

NARCIS (Netherlands)

Holzhacker, Ron

2015-01-01

The UN is increasingly a place where a critical discussion about human rights and sexual orientation and identity is taking place. An important institutional component of the UN system of protection of human rights is the creation of National Human Rights Institutions (NHRIs). These NHRIs are funded

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…

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

Human rights in global supply chains: Corporate social responsibility and public procurement in the European Union

OpenAIRE

Outhwaite, Opi; Martin-Ortega, Olga

2016-01-01

The global supply chains of multinational enterprises are complex and multi-tiered, often involving many stages of production and spanning several jurisdictions. Important questions remain about how to ensure that human rights are respected in these supply chains, including how multinational enterprises are to exercise the responsibility to respect human rights in their supply chains and the role that can be played by states in protecting human rights outside of their borders. This article fo...

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 ...

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.

Conservation and human rights: the need for international standards

Energy Technology Data Exchange (ETDEWEB)

Oviedo, Gonzalo [International Union for the Conservation of Nature (International organizations without location); Pabon, Luis [The Nature Conservancy (United States); Painter, Michael; Redford, Kent [The Wildlife Conservation Society (United States); Siegele, Linda [Foundation for International Environmental Law and Development (United Kingdom); Springer, Jenny [WWF-US (United States); Thomas, David [Birdlife International (International organizations without location); Painemilla, Kristen Walker [Conservation International (United States); Roe, Dilys

2010-05-15

Conservation doesn't happen in a vacuum. In recent years, awareness has grown of the relationship of international conservation practice to indigenous peoples and local communities, and especially the links between conservation and human rights. The impacts protected areas can have on rural communities – such as evictions and lost access to natural resources – are now under particular scrutiny. Concern is meanwhile rising over the human rights implications of some climate change mitigation and adaptation measures. But awareness is also growing of the positive contributions of nature conservation to the rights of people to secure their livelihoods, enjoy healthy and productive environments, and live with dignity. International NGOs can play a central role in supporting and promoting conservation actions that respect the rights of indigenous peoples and local communities, and help sustain their livelihoods. Many conservation organisations have long worked towards this. It is vital that they hold to consistent principles and implement measures that ensure their application, so their action on conservation remains accountable, transparent and sustainable.

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...

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…

Australia's proactive approach to radiation protection of the environment: how integrated is it with radiation protection of humans?

Science.gov (United States)

Hirth, G A; Grzechnik, M; Tinker, R; Larsson, C M

2018-01-01

Australia's regulatory framework has evolved over the past decade from the assumption that protection of humans implies protection of the environment to the situation now where radiological impacts on non-human species (wildlife) are considered in their own right. In an Australian context, there was a recognised need for specific national guidance on protection of non-human species, for which the uranium mining industry provides the major backdrop. National guidance supported by publications of the Australian Radiation Protection and Nuclear Safety Agency (Radiation Protection Series) provides clear and consistent advice to operators and regulators on protection of non-human species, including advice on specific assessment methods and models, and how these might be applied in an Australian context. These approaches and the supporting assessment tools provide a mechanism for industry to assess and demonstrate compliance with the environmental protection objectives of relevant legislation, and to meet stakeholder expectations that radiological protection of the environment is taken into consideration in accordance with international best practice. Experiences from the past 5-10 years, and examples of where the approach to radiation protection of the environment has been well integrated or presented some challenges will be discussed. Future challenges in addressing protection of the environment in existing exposure situations will also be discussed.

Teaching Human Rights: Confronting the Contradictions

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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.

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...

Freedom of Expression, Right to Information, Personal Data and the Internet in the view of the Inter-American System of Human Rights

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Silvia Susana TOSCANO

2017-03-01

Full Text Available The Inter-American System of Protection of Human Rights is composed of microsystems, like the freedom of expression, the right to information and the protection of privacy and of personal data, among others. These rights interrelate and form the standards of the Inter-American system, in accordance with the UN system, to develop these liberties, and to keep the constant balance of these rights in conflict. All of this enhanced by a dynamic and growing massiveness, like the internet and by a new paradigm in which the freedom of expression and the right to information is included: a postmodern society characterized by a “democratization” of connectivity, a multidirectional transmission of the information and a dichotomy between what is public or private. Freedom of expression is developed in both of its two dimensions: individual or collective. When we talk about its individual dimension, we mean the right of each person to express his ideas, thoughts and beliefs aiming at unidirectional, bidirectional or multidirectional communication. The collective or social dimension refers to the right of a person to receive any type of information, to know the thoughts, ideas and information of others and have free access to them. Both dimensions are equally important and are interdependent, thus it is important to protect them simultaneously. New communication technologies have altered the previous system, and the individual dimension of freedom of expression breaks into public debate on the democratization of internet access and its social dimension due to the feasibility a multidirectional communication impossible to conceive in any other technological paradigm entails. The protection scheme of freedom of expression of the Inter-American System is particularly strong as it specifically prohibits prior censorship and rules sanctions and very strict restrictions in relation to discrimination, advocacy of war, violence and hatred. This characteristic

The Human Right to Peace

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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.

‘Fortress Europe’: Compliance of the Dublin II Regulation with the European Convention for the Protection of Human Rights and Fundamental Freedoms

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Joanna Lenart

2012-06-01

Full Text Available Recently, the Dublin II Regulation, a cornerstone of the emerging Common European Asylum System, has been gravely criticised, especially in context of the living conditions and general situation of asylum seekers in Greece. The main concerns regard the potential noncompliance of the Dublin II Regulation with the European Convention on Human Rights ('ECHR', particularly with Article 3 - the prohibition of torture or inhuman or degrading treatment. This article examines the competing views in this respect. It analyses the relationship between EU law and the ECHR, protection of rights of refugees under the 1951 Convention relating to the Status of Refugees and main deficiencies of the Dublin II Regulation. The analysis starts with the non-equivalent protection of asylum seekers throughout the EU and finishes with the very limited definition of a family member and case law relevant to the principle of non-refoulement. This article concludes that the Dublin II Regulation per se cannot be deemed noncompliant with the ECHR. However, it emphasises the urgent need to change relevant legal provisions, or at least enforcement, and proposes possible solutions therein.

Degradation and protection of DNAzymes on human skin.

Science.gov (United States)

Marquardt, Kay; Eicher, Anna-Carola; Dobler, Dorota; Höfer, Frank; Schmidts, Thomas; Schäfer, Jens; Renz, Harald; Runkel, Frank

2016-10-01

DNAzymes are catalytic nucleic acid based molecules that have become a new class of active pharmaceutical ingredients (API). Until now, five DNAzymes have entered clinical trials. Two of them were tested for topical application, whereby dermally applied DNAzymes had been prone to enzymatic degradation. To protect the DNAzymes the enzymatic activity of human skin has to be examined. Therefore, the enzymatic activity of human skin was qualitatively and quantitatively analyzed. Activity similar to that of DNase II could be identified and the specific activity was determined to be 0.59Units/mg. These results were used to develop an in vitro degradation assay to screen different kinds of protective systems on human skin. The chosen protective systems consisted of biodegradable chitosans or polyethylenimine, which forms polyplexes when combined with DNAzymes. The polyplexes were characterized in terms of particle size, zeta potential, stability and degree of complexation. The screening revealed that the protective efficiency of the polyplexes depended on the polycation and the charge ratio (ξ). At a critical ξ ratio between 1.0 and 4.1 and at a maximal zeta potential, sufficient protection of the DNAzyme was achieved. The results of this study will be helpful for the development of a protective dermal drug delivery systems using polyplexes. Copyright © 2016 Elsevier B.V. All rights reserved.

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…

Radiation protection of non-human species

International Nuclear Information System (INIS)

Leith, I.S.

1993-01-01

The effects of radiation on non-human species, both animals and plants, have long been investigated. In the disposal of radioactive wastes, the protection of non-human species has been investigated. Yet no radiation protection standard for exposure of animals and plants per se has been agreed. The International Commission on Radiological Protection has long taken the view that, if human beings are properly protected from radiation, other species will thereby be protected to the extent necessary for their preservation. However, the International Atomic Energy Agency has found it necessary to investigate the protection of non-human species where radioactivity is released to an environment unpopulated by human beings. It is proposed that the basis of such protection, and the knowledge of radiation effects on non-human species on which it is based, suggest a practical radiation protection standard for non-human species. (1 tab.)

The rights of avoidance of third parties and 'protection laws'

International Nuclear Information System (INIS)

Gassner, E.

1981-01-01

After having given an account of the rights of avoidance of third parties and their foundation in the law the author cites an atypical example of a right of avoidance, i.e. the corporation suit in the environmental protection law in the German Laender Bremen and Hesse. The corporations can only denounce the violation of the environmental protection law. These regulations constitute the protection law, namely in favour of the interests of nature protection, i.e. public interests. It is natural that the corporation has only be concerned an independent right of conducting a case. The (altruistic) corporation suit is therefore a complaint suit aiming at administration control and not a means of an individual legal protection. (HSCH) [de

Damned if you do, damned if you don't? The Lundbeck case of pentobarbital, the guiding principles on business and human rights, and competing human rights responsibilities.

Science.gov (United States)

Buhmann, Karin

2012-01-01

In 2011 it emerged that to induce the death penalty, United States authorities had begun giving injections of pentobarbital, a substance provided by Danish pharmaceutical company Lundbeck. Lundbeck's product pentobarbital is licensed for treatment of refractory forms of epilepsy and for usage as an anaesthetic, thus for a very different purpose. The Lundbeck case offers a difficult, but also interesting Corporate Social Responsibility (CSR) dilemma between choices facing a pharmaceutical company to stop the distribution of a medical substance in order to avoid complicity in human rights violations, or to retain distribution of the substance in order not to impede access to the medicine for those patients who need it. The dilemma arose at a time when the United Nations (UN) Secretary General's Special Representative on Business and Human Rights, Professor John Ruggie, was finalizing a set of Guiding Principles to operationalize recommendations on business and human rights that he had presented to the UN Human Rights Council in 2008. The article discusses the dilemma in which Lundbeck was placed in from the perspective of the Guiding Principles on business and human rights and the 2008 Protect, Respect, Remedy UN Framework. The analysis seeks to assess what guidance may be gauged from the Guiding Principles in relation to the dilemma at hand and discusses the adequacy the Guiding Principles for dealing with acute human rights dilemmas of conflicting requirements in which a decision to avoid one type of violation risks causing violation of another human right. The article concludes by drawing up perspectives for further development of guidance on implementation of the UN Framework that could be considered by the newly established Working Group on Business and Human Rights and related UN bodies. © 2012 American Society of Law, Medicine & Ethics, Inc.

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

Legal and ethical standards for protecting women's human rights and the practice of conscientious objection in reproductive healthcare settings.

Science.gov (United States)

Zampas, Christina

2013-12-01

The practice of conscientious objection by healthcare workers is growing across the globe. It is most common in reproductive healthcare settings because of the religious or moral values placed on beliefs as to when life begins. It is often invoked in the context of abortion and contraceptive services, including the provision of information related to such services. Few states adequately regulate the practice, leading to denial of access to lawful reproductive healthcare services and violations of fundamental human rights. International ethical, health, and human rights standards have recently attempted to address these challenges by harmonizing the practice of conscientious objection with women's right to sexual and reproductive health services. FIGO ethical standards have had an important role in influencing human rights development in this area. They consider regulation of the unfettered use of conscientious objection essential to the realization of sexual and reproductive rights. Under international human rights law, states have a positive obligation to act in this regard. While ethical and human rights standards regarding this issue are growing, they do not yet exhaustively cover all the situations in which women's health and human rights are in jeopardy because of the practice. The present article sets forth existing ethical and human rights standards on the issue and illustrates the need for further development and clarity on balancing these rights and interests. Copyright © 2013 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

The forms of protection civil rights parties of the bank deposit contract

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Юрій Миколайович Моісеєнко

2017-03-01

Full Text Available The article is dedicated to analyze the forms of protection civil rights parties of the bank deposit contract considering the statistical data in regard to banks which allow violations of these rights and necessity to restore these rights by competent bodies. Fixing in civil legislation a number of opportunities to protect these rights with the existing economic crisis, especially in banking field, have practical importance that based on the efficiency of any form. Therewith, research the peculiarities of protection violated civil rights of the bank deposit contract in judicial, administrative and other forms. Attention is drawn on the peculiarities of some forms of protection. So, emphasizing the certain duration of judicial protection, alternatives opportunities of protection and restoration the violated rights of parties of the bank deposit contract is analyzed by the author. However, due to lack of effective mechanisms for protection the rights of parties of mentioned contract, the author proposed some ways for improving protection the violated rights of parties of the bank deposit contract.

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…

The Importance of Social Movements in the Fight for the Women's Rights From the Incorporation of Speech of Human Rights

OpenAIRE

Souza, Luciana Correa

2016-01-01

This article aims to analyze the role of social movements in the struggle for women's rights. Initially, the historical origin of the gender term and its concept will be analyzed. Subsequently, the role of social movements for the development of international protection of human rights instruments will be reviewed. Finally, the role of social movements will be analyzed in the fight for women's rights in Brazil. From this study was concluded by the importance of social movements in the fight f...

Issues of biomedically assisted fertilization before the European Court of Human Rights

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Bordaš Bernadet

2011-01-01

Full Text Available The development of biomedicine has led to the birth of the first test-tube baby in 1978, and that event gave enormous impetus for further development of biomedically assisted fertilization, but also for the development of supporting legislation. Biomedically assisted fertilization and its application raises sensitive social and moral issues, so states retain their sovereign rights in this area and enact rules and regulations that reflect their national legislative policy. Comparative studies across Europe show that national legal acts are in force in many countries, but differences exist and states persist on them. Legal regulation of biomedically assisted fertilization provides legal security for individuals who are subjected to it, making easier the legal protection in cases where individual rights are violated. This paper presents two recent judgments of the European Court of Human Rights, the subject matter of which are issues of biomedically assisted fertilization, where legal remedy is sought under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Both judgments are in favor of the states against which complaints are filed by individuals: the Court ruled that national regulations have not violated the right to respect for the individual's private life.

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...

The politics of protection: aid, human rights discourse, and power relations in Kyaka II settlement, Uganda.

Science.gov (United States)

Clark-Kazak, Christina R

2010-01-01

This paper explores the conceptualisation and application of 'protection' by the United Nations High Commissioner (UNHCR), Ugandan government, and Congolese refugees in Kyaka II refugee settlement, Uganda. Analysing the origins and consequences of a demonstration against school fees, and drawing on other ethnographic data, it explores how different interpretations of this incident reflect different conceptions of, and approaches to, protection. Ugandan government officials viewed the demonstration as a security incident; Congolese and Ugandan adults responded with increased monitoring and 'sheltering' of children and young people; students justified the demonstration as a legitimate manifestation of their rights; while UNHCR promoted assistance and resettlement. The paper argues that prevailing protection responses, including 'sensitisation', sheltering, and resettlement, are de-contextualised from daily realities and fail to address the underlying power relations that undermine protection. It concludes with recommendations on how international refugee agencies can reorient assistance to address protection concerns in refugee contexts.

Nature of Human Rights

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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

Refining the Rules of the Game: The Corporate Responsibility to Respect Human Rights

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Justine Nolan

2014-02-01

Full Text Available The growth of transnational corporations over the past few decades has been paralleled by concerns to find ways of regulating the deleterious impacts on human rights by the ever-increasing number of companies whose corporate tentacles stretch across national boundaries and beyond the reach of traditional corporate control mechanisms. The steady evolution of a global social expectation that companies should respect international human rights standards, combined with the occasional foray by states in adopting an expansive approach to protecting rights, is changing the nature and possibility of developing a firmer basis for corporate accountability for human rights. What we are witnessing is a process of re-regulation whereby state and non-state actors are utilizing a combination of public and private regulation to improve the framework for corporate rights compliance. The regulation of corporate activity with respect to human rights requires a multiplicity of stakeholders and a very nuanced mix of public and private regulation that may be difficult to replicate easily across different sectors, states and cultural boundaries. 

Framework of communication needed to protect against human rights violations of individuals who exercise their right to religious freedom in minority religions

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Stephanus P. Pretorius

2012-02-01

Full Text Available The right to religious freedom is generally believed to be the solution to religious intolerance and discrimination and to ensure world peace amongst world citizens. On an international level, the United Nations, through the appointment of a special rapporteur for freedom of religion and belief, has introduced a tool to monitor violations of this right. This tool is known as �the framework of communications� and is focused mainly on the relationship between governments and religions. Unfortunately, religion is not excluded from the violation of human rights within its own ranks. This article pointed out that however pure the intention of freedom of religion, no real measures are in place to address violations of human rights in minority religions. Therefore, a tool is needed to investigate and address alleged violations within minority religions.

Protecting the unprotected: mixed-method research on drug use, sex work and rights in Pakistan's fight against HIV/AIDS.

Science.gov (United States)

Mayhew, S; Collumbien, M; Qureshi, A; Platt, L; Rafiq, N; Faisel, A; Lalji, N; Hawkes, S

2009-04-01

To investigate the nature and extent of human rights abuses against three vulnerable groups (injecting drug users (IDUs) and male and female sex workers), to understand the social and sexual linkages between them and to examine how protecting their rights could enhance the impact of HIV prevention policies. In-depth interviews were carried out with 38 high-risk respondents (IDUs and female, male and transgender sex workers) and a bio-behavioural survey was performed of 813 IDU/sex worker respondents in Rawalpindi. People in all vulnerable groups interacted both sexually and socially. All groups experienced human rights abuses by state and non-state actors which increased their HIV risk. Non-state actors, including relations and sex worker clients, are responsible for verbal, physical and sexual violence. State actors (particularly police) perpetrate harassment, exploitation and abuse of all vulnerable groups with impunity. Health service providers fail to provide adequate services for vulnerable groups. High levels of discrimination and abuse of human dignity of all groups studied were revealed. This violates their physical and mental integrity and also leads to an increased risk of HIV. The sexual and social interactions between groups mean that human rights abuses experienced by one high-risk group can increase the risk of HIV both for them and other groups. The protection of human rights needs to become an integral part of a multisector response to the risk of HIV/AIDS by state and non-state agencies. The Government of Pakistan should work at both legal and programme levels to protect the rights of, and minimise discrimination against, groups vulnerable to HIV in order to reduce the potential for the spread of HIV before the epidemic takes hold.

Scientific Freedom and Human Rights

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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.

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 ...

Human dignity according to international instruments on human rights

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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

Expanding the horizons of disability law in India: a study from a human rights perspective.

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Chopra, Tushti

2013-01-01

Disabled/"differently abled" persons by virtue of being human have the right to enjoy human rights to life, liberty, equality, security, and dignity. However, due to social indifference, psychological barriers, a limited definition of "disability" entitling protection of law, and a lack of proper data, disabled persons in India remain an invisible category. Although several laws exit to ensure their full and effective participation in society, they remain insufficient as they are primarily based on the government's discretion. At the same time, whenever the judiciary finds an opportunity, it acts as a real protector of disabled persons, but it is not feasible to knock on the door of the judiciary for every request. Interestingly, various civil societies and human rights activists have occasionally asserted the rights of the disabled. However, unless the foundation stones of law are fortified, disabled persons cannot fully realize their rights. It is high time to enact effective laws, with timely implementation, to protect their interests and empower their capabilities that are based on a "rights-based approach" rather than on the charity, medical, or social approaches. Thus, the horizons of law must be expanded to provide a "human friendly environment" for all of the disabled to overcome the barriers that impair their development. © 2013 American Society of Law, Medicine & Ethics, Inc.

The right to life

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Dr.Sc. Stavri Sinjari

2013-06-01

Full Text Available The right to life constitutes one of the main human rights and freedoms, foreseen by article 21 of the Albanian Constitution and article 2 of European Human Rights Convention. No democratic or totalitarian society can function without guarantees and protection of the human right to life We intend to address these issues on our article: What is life. What we legally understand with life. When the life starts and finish. How this right has evolved. Which is the state interest on protecting the life. Should we consider that the life is the same for all. Should the state interfere at any cost to protect the life. Is there any criminal charge for responsible persons to the violation of this right. Is this issue treated by European Human Rights Court. What are the Albanian legal provisions on protection of this right. This research is performed mainly according to a comparative and analytical methodology. Comperative analysis will be present almost throughout the paper. Treatment of issues of this research will be achieved through a system comparable with international standards in particular and the most advanced legislation in this area. At the same time, this research is conducted by analytical and statistical data processing. We believe that our research will make a modest contribution, not only to the legal literature, but also to criminal policy makers, law makers, lawyers and attorneys.

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…

The transnational ne bis in idem principle in the EU. Mutual recognition and equivalent protection of human rights

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John A.E. Vervaele

2005-12-01

Full Text Available The deepening and widening of European integration has led to an increase in transborder crime. Concurrent prosecution and sanctioning by several Member States is not only a problem in inter-state relations and an obstacle in the European integration process, but also a violation of the ne bis in idem principle, defined as a transnational human right in a common judicial area. This article analyzes whether and to what extent the ECHR has contributed and may continue to contribute to the development of such a common ne bis in idem standard in Europe. It is also examined whether the application of the ne bis in idem principle in classic inter-state judicial cooperation in criminal matters in the framework of the Council of Europe may make such a contribution as well. The transnational function of the ne bis in idem principle is discussed in the light of the Court of Justice’s case law on ne bis in idem in the framework of the area of Freedom, Security and Justice. Finally the inherent tension between mutual recognition and the protection of human rights in transnational justice is analyzed by looking at the insertion of the ne bis in idem principle in the Framework Decision on the European arrest warrant.

The biogenetical revolution of the Council of Europe - twenty years of the Convention on Human Rights and Biomedicine (Oviedo Convention).

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Nawrot, Oktawian

2018-05-16

The Council of Europe's legal regulation concerning development of biology and medicine undoubtedly form the most interesting, but certainly not perfect, over-national system of protection of human beings in prenatal stages of development. The strength of the mentioned system is that it based on well-known and common acceptable values and rules such as human dignity and its protection. The aim of the paper is to present the reasons behind adopting such a system, as well as the consequences of the latter.The author argues that in such a way a revolution within the human rights system of the Council of Europe took place. This revolution caused a significant expansion of the Council of Europe's system of human rights' protection and changed the perspective of the protection from vertical to the horizontal.

ACTIVITIES OF THE ADMINISTRATION OF FEDERAL SERVICE FOR SURVEILLANCE ON CONSUMER RIGHTS PROTECTION AND HUMAN WELL-BEING IN KHABAROVSKY KRAI IN CONDITIONS OF THE FUKUSHIMA ACCIDENT AND MEASURES UNDERTAKEN TO PROTECT THE TERRITORY AND POPULATION THE REGION

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V. A. Ott

2011-01-01

Full Text Available The article analyzes activities of the Administration of Federal Service for Surveillance on Consumer Rights Protection and Human Well-being in Khabarovsky Krai and the Federal Health Organization "Center of Hygiene and Epidemiology in Khabarovsky Krai" in the situation related to the Fukushima accident in Japan

nternational protection of mother and child rights

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Liliana CREANGĂ

2017-12-01

Full Text Available Towards the end of the 20th century, the protection of mother and child’s rights has evolved from some national regulations to international regulations – a delayed remedy for flagrant and persistent abuse on the child and woman. In this sense, international law starts from recognizing the child and the woman as subjects of law, and as such, their ability to enjoy all civil, political, cultural, economic, social rights, etc. At the same time, the particularities of child – becoming a person (i.e. the lack of discernment and intellectual maturity, which limits his / her legal competence, – and women-mothers (with specific psycho-physiological are underlined. This requires the establishment and regulation of certain assistance, protection and care measures, as well as of some institutions through which they would be able to harness their rights without being in any way harmed or injured.

Resolution No. 43/146. Measures to improve the situation and ensure the human rights and dignity of all migrant workers, 8 December 1988.

Science.gov (United States)

1988-01-01

This document contains portions of the text of a 1988 UN Resolution on measures to improve the situation and ensure the human rights and dignity of all migrant workers. In this resolution, the General Assembly reaffirms international instruments protecting human rights but articulates a further need to improve the protection of human rights for migrant workers and their families. The General Assembly then noted the two most recent reports of the Working Group on the Drafting of an International Convention on the Protection of the Rights of All Migrant Workers and Their Families and took measures to enable the Working Group to complete its task.

Global Production, CSR and Human Rights: The Courts of Public Opinion and the Social License to Operate

OpenAIRE

Wheeler, Prof. Sally

2015-01-01

This paper takes at its starting point the responsibility placed upon corporations by the United Nations’ Protect, Respect and Remedy Framework as elaborated upon by the Guiding Principles on Business and Human Rights to respect human rights. The overt pragmatism and knowledge of the complex business relationships that are embedded in global production led John Ruggie, the author of the Framework, to adopt a structure for the relationship between human rights and business that built on the ex...

Labour Rights Protection in Industrial Relations Issues

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Eko Adi Susanto

2015-12-01

Full Text Available Many violations of the terms of employment at Surabaya, employment protection  and working conditions for workers who are not provided by employers to the maximum, according to the legislation in force, while the legal protection for workers constrained because of the weakness in the system of employment law, both the substance and the culture built by governments and companies. How To Cite: Susanto, E. (2015. Labour Rights Protection in Industrial Relations Issues. Rechtsidee, 2(2, 109-120. doi:http://dx.doi.org/10.21070/jihr.v2i2.78

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

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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.

The Dutch Confession: Compliance, Leadership and National Identity in the Human Rights Order

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Erik Larson

2014-01-01

Full Text Available As international human rights governance has evolved, it has regulated state action toward individuals in areas that were once at the discretion of states. This change has raised liminal questions concerning authority and leadership. To address these questions, we examine the interaction of the Netherlands and the European Court of Human Rights in cases concerning immigration and asylum. As the Netherlands has a history of self-proclaimed leadership in rights protection, an analysis of the Court’s series of rebukes of the Netherlands yields particularly insightful findings. We find that the shift in rights decision-making has enhanced lawyers’ standing in the Netherlands’ domestic context in ways that enable these actors and the Court to increase international regulation of the Dutch state and that creates greater autonomy of the law from the Dutch state. At the same time, these dynamics challenge the domestic political culture by undermining national myths of the Dutch as uniquely enlightened human rights leaders. These changes demonstrate a shift in the qualities of human rights leadership, from a moralistic posture to a confessional one. Leadership, as made tangible in the reputation and positions taken before an international judicial body, now requires a capacity to express humility and to join in in a shared human rights project.

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

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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.

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...

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

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...

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…

Militarization, human rights violations and community responses as determinants of health in southeastern Myanmar: results of a cluster survey.

Science.gov (United States)

Davis, William W; Mullany, Luke C; Schissler, Matt; Albert, Saw; Beyrer, Chris

2015-01-01

The Myanmar army and ethnic armed groups agreed to a preliminary ceasefire in 2012, but a heavy military presence remains in southeastern Myanmar. Qualitative data suggested this militarization can result in human rights abuses in the absence of armed engagements between the parties, and that rural ethnic civilians use a variety of self-protection strategies to avoid these abuses or reduce their negative impacts. We used data from a household survey to determine prevalence of select self-protection activities and to examine exposure to armed groups, human rights violations and self-protection activities as determinants of health in southeastern Myanmar. Data collected from 463 households via a two-stage cluster survey of conflict-affected areas in eastern Myanmar in January 2012, were analyzed using logistic regression models to identify associations between exposure to state and non-state armed groups, village self-protection, human rights abuses and health outcomes. Close proximity to a military base was associated with human rights abuses (PRR 1.30, 95 % CI: 1.14-1.48), inadequate food production (PRR 1.08, 95 % CI: 1.03-1.13), inability to access health care (PRR 1.29, 95 % CI: 1.04-1.60) and diarrhea (PRR 1.15, 95 % CI: 1.05-1.27. Direct exposure to armed groups was associated with household hunger (PRR1.71, 95 % CI: 1.30-2.23). Among households that reported no human rights abuses, risk of household hunger (PRR 5.64, 95 % CI: 1.88-16.91), inadequate food production (PRR 1.95, 95 % CI: 1.11-3.41) and diarrhea (PRR 2.53, 95 % CI: 1.45-4.42) increased when neighbors' households reported experiencing human rights abuses. Households in villages that reported negotiating with the Myanmar army had lower risk of human rights violations (PRR 0.91, 95 % CI: 0.85-0.98), household hunger (PRR 0.85, 95 % CI: 0.74-0.96), inadequate food production (PRR 0.93, 95 % CI:0.89-0.98) and diarrhea (PRR 0.89, 95 % CI:0.82-0.97). Stratified analysis suggests that self-protection

References to Human Rights in Codes of Ethics for Psychologists: Critical Issues and Recommendations. Part 1

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Жанель Готье

2018-12-01

Full Text Available There are codes of ethics in psychology that explicitly refer to human rights. There are also psychologists interested in the protection and promotion of human rights who are calling for the explicit inclusion of references to human rights in all psychology ethics codes. Yet, references to human rights in ethics documents have rarely been the focus of attention in psychological ethics. This article represents the first part of a two-part article series focusing on critical issues associated with the inclusion of references to human rights in the ethical codes of psychologists, and recommendations about how psychological ethics and the human rights movement can work together in serving humanity. The first part of the article series examines issues pertaining to the interpretation of references to human rights in codes of ethics for psychologists, and the justifications for including these references in psychological ethics codes. The second part of the article series examines how the Universal Declaration of Ethical Principles for Psychologists can be used to extend or supplement codes of ethics in psychology, how ethical principles and human rights differ and complement each other, and how psychological ethics and the human rights movement can work together in serving humanity and improving the welfare of both persons and peoples.

Ethics and human rights issues experienced by nurses in leadership roles.

Science.gov (United States)

Redman, Barbara A; Fry, Sara T

2003-01-01

The aims of this study were to identify (1) the ethics and human rights issues experienced by nurses in leadership roles (NLs); (2) how frequently these issue occurred in the NLs'practices; and (3) how disturbed the NLs were by the issues. Dillman's Total Design Method (1978) for mailed surveys guided the study design. Data analysis was performed on 470 questionnaires from New England RNs in nursing leadership roles. The most frequently experienced ethics and human rights issues during the previous 12 months were (1) protecting patient right and human dignity; (2) respecting or not respecting informed consent to treatment; (3) use or nonuse of physical or chemical restraints; (4) providing care with possible risks to the RN's health; (5) following or not following advance directives; and (6) staffing patterns that limit patient access to nursing care. The most disturbing ethics and human rights issues experienced by the NLs were staffing patterns that limited patient access to nursing care, prolonging the dying process with inappropriate measures, working with unethical, incompetent, or impaired colleagues, implementing managed care policies that threaten quality of care, not considering quality of the patient's life, and caring for patients and families who are uninformed or misinformed about treatment, prognosis, or medical alternatives. Nearly 39% of the NLs reported experiencing ethics and human rights issues one to four times a week or more, and more than 90% handled their most recent ethics issue by discussing it with nursing peers. Study findings have implications for ethics education and resource support for nurses in leadership roles, and for further research on how NLs handle ethics and human rights issues in the workplace.

Disability in a Human Rights Context

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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.

Facing negative reactions to sexuality education through a Multicultural Human Rights framework.

Science.gov (United States)

Paiva, Vera; Silva, Valeria N

2015-11-01

Sexuality education, its protocols and planning are contingent on an ever-changing political environment that characterizes the field of sexuality in most countries. In Brazil, human rights perspectives shaped the country's response to the AIDS epidemic, and indirectly influenced the public acceptability of sexuality education in schools. Since 2011, however, as multiple fundamentalist movements emerged in the region, leading to recurrent waves of backlashes in all matters related to sexuality, both health and educational policies have begun to crawl backwards. This article explores human rights-based approaches to health, focusing on a multicultural rights-based framework and on productive approaches to broadening the dialogue about sustained consent to sexuality education. Multicultural human rights (MHR) approaches are dialogical in two domains: the communication process that guarantees consent and community agreements and the constructionist psychosocial-educational methodologies. In its continuous process of consent, the MHR approach allowed for distinct values translation and diffused the resistance to sexuality education in the participant schools/cities, successfully sustaining notions of equality and protection of the right to a comprehensive sexuality education that does not break group solidarity and guarantees acceptability of differences. Copyright © 2015 Elsevier Inc. All rights reserved.

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)

Protecting Community Rights over Traditional Knowledge - Phase III ...

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

Existing intellectual property regimes protect individual rights for the purpose of commercial gain, but are often unsuitable for protecting the collective heritage of indigenous and local communities whose livelihoods rely on access to biodiversity. This is an important but under-researched field, with few concrete examples of ...

‘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

‘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

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.

The “Right to Remain Here” as an Evolving Component of Global Refugee Protection: Current Initiatives and Critical Questions

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Daniel Kanstroom

2017-08-01

Full Text Available This article considers the relationship between two human rights discourses (and two specific legal regimes: refugee and asylum protection and the evolving body of international law that regulates expulsions and deportations. Legal protections for refugees and asylum seekers are, of course, venerable, well-known, and in many respects still cherished, if challenged and perhaps a bit frail. Anti-deportation discourse is much newer, multifaceted, and evolving. It is in many respects a young work in progress. It has arisen in response to a rising tide of deportations, and the worrisome development of massive, harsh deportation machinery in the United States, Germany, the United Kingdom, France, Mexico, Australia, and South Africa, among others. This article’s main goal is to consider how these two discourses do and might relate to each other. More specifically, it suggests that the development of procedural and substantive rights against removal — as well as rights during and after removal — aids our understanding of the current state and possible future of the refugee protection regime. The article’s basic thesis is this: The global refugee regime, though challenged both theoretically and in practice, must be maintained and strengthened. Its historical focus on developing criteria for admission into safe states, on protections against expulsion (i.e., non-refoulement, and on regimes of temporary protection all remain critically important. However, a focus on other protections for all noncitizens facing deportation is equally important. Deportation has become a major international system that transcends the power of any single nation-state. Its methods have migrated from one regime to another; its size and scope are substantial and expanding; its costs are enormous; and its effects frequently constitute major human rights violations against millions who do not qualify as refugees. In recent years there has been increasing reliance by states

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...

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.

[Effectiveness of the Federal Inspectorate for the Protection of Consumer Rights and Human Welfare in the Novosibirsk Region in 2007 to 2009].

Science.gov (United States)

Mikheev, V N; Ivanova, L K; Iagudin, B I; Turbinskiĭ, V V

2010-01-01

A system for monitoring and analyzing the effectiveness and efficiency of the performance of the Board of the Federal Inspectorate for the Protection of Consumer Rights and Human Welfare in the Novosibirsk Region was introduced into its activities to estimate the provision of the Novosibirsk Region's population with sanitary epidemiological wellbeing in 2007-2009. The introduction of monitoring was ascertained to increase the effectiveness of budgetary fund surveillance and spending, by predicting the effectiveness and choice of priority lines of activities, by increasing the quality of budgetary services rendered in the provision of sanitary and epidemiological well-being to the population.

The human right of access to drinking water: a continental analysis based on World Water Forums

Directory of Open Access Journals (Sweden)

Lorenzo Zorzi

2016-11-01

Full Text Available At the end of the 1980s, development and human rights were treated as separate issues, with distinct and divergent strategies and goals. After two decades, our understanding of the issue has evolved, and it has become clear that there is no way to separate the two issues. Currently, interest in human rights is increasing, and is focusing particularly on developing a consensus based upon international standards in order to promote and protect such rights. In this context, after numerous negotiations, the right to access potable water has come to be understood as a human right. This paper discusses the issue of water as a human right based upon the analysis of the World Water Forum which has existed since 1997 and involves the public, private and scientific sectors. The qualitative textual analysis was based upon documentation of these events.

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.

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...

Perception of human rights temperature of community in persons with severe mental illnesses

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Barnadin Shibu

2017-01-01

Full Text Available Background: Despite the rights of persons with mental illnesses (PwMI are protected by law in India, human rights of PwMI is being violated in many ways. There is dearth of literature on the human rights of PwMI in India. Materials and Methods: This cross-sectional study was conducted to understand the perceived human rights temperature of community in PwMI. Data were collected from PwMI (diagnosed with schizophrenia, bipolar disorder and schizoaffective disorder, and symptomatically stable for 3 years seeking outpatient psychiatric treatment from private psychiatric hospitals and clinics in Kozhikode (Calicut district of Kerala state, India. Data were collected using “Taking the Human Rights Temperature of Your Community” which was modified and validated in Indian population and a sociodemographic schedule which was prepared by the researchers. Results: The majority were males (54.2%. Mean duration of illness as 10.42 ± 6.43 years. Mean score of the human rights temperature was 68.31 ± 5.95. Perceived major concerns in the areas of career opportunity (59.5%, discrimination in hiring for work (61.3%, help and care in development of PwMI (64.5%, equal opportunity to avail treatment and cost incurred in it (60.5%, involvement in decision making (46.7%, and responsiveness of the community when any rights violation happens (44.9%. Conclusion: Human rights of PwMI are a major concern. Functioning of the mental health authority and legal aid clinics has to be strengthened to address rights issues of PwMI.

Are drug companies living up to their human rights responsibilities? The Merck perspective.

Directory of Open Access Journals (Sweden)

Geralyn S Ritter

2010-09-01

Full Text Available BACKGROUND TO THE DEBATE: The human rights responsibilities of drug companies have been considered for years by nongovernmental organizations, but were most sharply defined in a report by the UN Special Rapporteur on the right to health, submitted to the United Nations General Assembly in August 2008. The "Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines" include responsibilities for transparency, management, monitoring and accountability, pricing, and ethical marketing, and against lobbying for more protection in intellectual property laws, applying for patents for trivial modifications of existing medicines, inappropriate drug promotion, and excessive pricing. Two years after the release of the Guidelines, the PLoS Medicine Debate asks whether drug companies are living up to their human rights responsibilities. Sofia Gruskin and Zyde Raad from the Harvard School of Public Health say more assessment is needed of such responsibilities; Geralyn Ritter, Vice President of Global Public Policy and Corporate Responsibility at Merck & Co. argues that multiple stakeholders could do more to help States deliver the right to health; and Paul Hunt and Rajat Khosla introduce Mr. Hunt's work as the UN Special Rapporteur on the right to the highest attainable standard of health, regarding the human rights responsibilities of pharmaceutical companies and access to medicines.

Are drug companies living up to their human rights responsibilities? Moving toward assessment.

Science.gov (United States)

Gruskin, Sofia; Raad, Zyde

2010-09-28

The human rights responsibilities of drug companies have been considered for years by nongovernmental organizations, but were most sharply defined in a report by the UN Special Rapporteur on the right to health, submitted to the United Nations General Assembly in August 2008. The "Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines" include responsibilities for transparency, management, monitoring and accountability, pricing, and ethical marketing, and against lobbying for more protection in intellectual property laws, applying for patents for trivial modifications of existing medicines, inappropriate drug promotion, and excessive pricing. Two years after the release of the Guidelines, the PLoS Medicine Debate asks whether drug companies are living up to their human rights responsibilities. Sofia Gruskin and Zyde Raad from the Harvard School of Public Health say more assessment is needed of such responsibilities; Geralyn Ritter, Vice President of Global Public Policy and Corporate Responsibility at Merck & Co. argues that multiple stakeholders could do more to help States deliver the right to health; and Paul Hunt and Rajat Khosla introduce Mr. Hunt's work as the UN Special Rapporteur on the right to the highest attainable standard of health, regarding the human rights responsibilities of pharmaceutical companies and access to medicines.

Are drug companies living up to their human rights responsibilities? The Merck perspective.

Science.gov (United States)

Ritter, Geralyn S

2010-09-28

The human rights responsibilities of drug companies have been considered for years by nongovernmental organizations, but were most sharply defined in a report by the UN Special Rapporteur on the right to health, submitted to the United Nations General Assembly in August 2008. The "Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines" include responsibilities for transparency, management, monitoring and accountability, pricing, and ethical marketing, and against lobbying for more protection in intellectual property laws, applying for patents for trivial modifications of existing medicines, inappropriate drug promotion, and excessive pricing. Two years after the release of the Guidelines, the PLoS Medicine Debate asks whether drug companies are living up to their human rights responsibilities. Sofia Gruskin and Zyde Raad from the Harvard School of Public Health say more assessment is needed of such responsibilities; Geralyn Ritter, Vice President of Global Public Policy and Corporate Responsibility at Merck & Co. argues that multiple stakeholders could do more to help States deliver the right to health; and Paul Hunt and Rajat Khosla introduce Mr. Hunt's work as the UN Special Rapporteur on the right to the highest attainable standard of health, regarding the human rights responsibilities of pharmaceutical companies and access to medicines.

The Right of the Accused in Saudi in Criminal Procedure during Investigation Process and Arbitrary Dentation and Prohibits Torture and Protects the Rights of Suspects to Obtain Legal Council

Directory of Open Access Journals (Sweden)

Mohmed Alqahtani Faten

2018-01-01

Full Text Available Saudi Arabia has recent in years pass several important legislations to ensure a fair and balanced justice system, including: 1 The Law of Procedure Before Sharia Courts of September 2001, which grants defendants the right to legal representation and outlines the process by which please, evidence and experts are heard by the courts. 2 The Code of Law Practice of January 2001, which outlines requirements necessary to become an attorney and defines the duties and right of lawyers, including the right of attorney-client privilege. 3 The Law of Criminal Procedure of May 2001, which protects a defendant right with the regard to interrogation, investigation, and incarceration; outlines a series of regulations that justice and law enforcement authorities must follow during all stages of legal process, from arrest and interrogation to trial and sentencing; prohibits torture and protects the right of suspects to obtain legal counsel; and limits the period of arbitrary detention. The main objective of this study is to examine the operation of the criminal justice system in Saudi Arabia in light of the international human rights standards pertaining to the administration of justice. It involves the international human rights treaties and focuses mainly on the instruments in which the right to a fair trail in Saudi Arabia.

Humanized Upbringing: A Turn to Power Relations and the Adult-Centered Paradigm in Institutions for the Protection of Children and Adolescents in Situation of Violation of Rights

Directory of Open Access Journals (Sweden)

Armando Zuluaga-Gómez

2018-02-01

Full Text Available This reflection is based on the notes recorded in a field journal and its objective is to systematize the experience acquired as an educator in the Diagnostic and Derivation Center, operated by the University of Antioquia through the Grow with Dignity Project (Zuluaga, 2015-2016, attached to the Unit of Childhood, in the City of Medellín, Colombia, whose purpose is the immediate protection of children and adolescents in situations of violation of rights. We will analyze, here, the power relations that are established within the adult-centered paradigm; we will reveal the genesis of child abuse in these relations, and we will see how these normalized practices in the upbringing of children by their families of origin permeate the protection institutions that have been created to accomplish processes of restoration of rights. When unequal power relationships are instituted and legitimated within the family, the hegemony of adults over childhood is consolidated, and the latter ends up being objectified, like this normalizing their abuse. These relational paradigms are also susceptible to reproduction in educational institutions, including those aimed at the protection of children in situations of violation of rights. We will suggest a proposal called humanized reeducation, which is indicated for group leadership in protection institutions, a task entrusted to educators.

Environmental protection - can it be regarded as a basic right

International Nuclear Information System (INIS)

Soell, H.

1986-01-01

The question of the necessity of an 'environmental basic right' is to be seen in connection with the doctrine of the duty of the State to protect the basic rights. Under the present law this obligation of the State applies only to third party intervention, it does not take effect if it is a matter of protecting the environment as such. Therefore the introduction of an 'environmental basic right' is necessary. (WG) [de

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...

Rationale and Description of Right Ventricle-Protective Ventilation in ARDS.

Science.gov (United States)

Paternot, Alexis; Repessé, Xavier; Vieillard-Baron, Antoine

2016-10-01

Pulmonary vascular dysfunction is associated with ARDS and leads to increased right-ventricular afterload and eventually right-ventricular failure, also called acute cor pulmonale. Interest in acute cor pulmonale and its negative impact on outcome in patients with ARDS has grown in recent years. Right-ventricular function in these patients should be closely monitored, and this is helped by the widespread use of echocardiography in intensive care units. Because mechanical ventilation may worsen right-ventricular failure, the interaction between the lungs and the right ventricle appears to be a key factor in the ventilation strategy. In this review, a rationale for a right ventricle-protective ventilation approach is provided, and such a strategy is described, including the reduction of lung stress (ie, the limitation of plateau pressure and driving pressure), the reduction of PaCO2 , and the improvement of oxygenation. Prone positioning seems to be a crucial part of this strategy by protecting both the lungs and the right ventricle, resulting in increased survival of patients with ARDS. Further studies are required to validate the positive impact on prognosis of right ventricle-protective mechanical ventilation. Copyright © 2016 by Daedalus Enterprises.

The world trade organisation and Human Rights: The role of principles of Good Governance

Directory of Open Access Journals (Sweden)

J Denkers

2008-08-01

Full Text Available The present article attempts to determine the role of principles of good governance in the discussion regarding the World Trade Organisation (WTO and its human rights accountability. It shows that the WTO as an organisation cannot be compared to other international organisations that are more autonomous such as the International Monetary Fund (IMF or the World Bank. This does not mean, however, that the WTO has no autonomous powers at all. 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 principles of good governance plays within the WTO. More specifically, the focus will be on how the good governance principles of transparency and participation can contribute to sensitising the organisation for human rights considerations.

Vulnerability and the Right to Respect for Private Life as an Autonomous Source of Protection against Expulsion under Article 8 ECHR

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Sylvie Da Lomba

2017-12-01

Full Text Available This paper focuses on settled migrants and calls for the construction of the right to respect for private life as an autonomous source of protection against expulsion under Article 8 ECHR. I contend that, as a core part of human existence, private life warrants meaningful protection. I posit that the fact that all settled migrants have established private life in the host State brings it to the fore of Article 8 expulsion cases. This argument finds strong support in the concept of belonging and transnational migration theory; both tell us that settled migrants’ host State has become their ‘own country’. Drawing on earlier work, I reclaim vulnerability as a foundation and tool of International Human Rights Law with a view to recognising migrants within the jurisdiction of ECHR States as fully-fledged ECHR subjects and making the European Court of Human Rights responsive to their vulnerability. I make the case for absolute protection against expulsion for second (and subsequent-generation migrants and settled migrants who have spent most of their adult life in the host State. In respect of other settled migrants, I argue that the minimum protection standard should be that expulsion is only justifiable in exceptional circumstances.

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.

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...

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....

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…

Legal capacity as a universal human right and a determinant of social status of people with mental disability

OpenAIRE

Marković Milan M.

2012-01-01

Adoption of the UN Convention on the Right of Persons with Disabilities (2006) brought about a core shift to how the international community and human rights law see and treat human disability in general. This paradigm shift materilizes itself in a number of provisions ranging from those which catalogue the proclaimed human rights as they are in the context of special implementation and protection of people with disabilities, to those that introduce a level of specificity in light of th...

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 ...

Judge rejects appeal by oilsands giant, human rights case to proceed

Energy Technology Data Exchange (ETDEWEB)

Anon.

2006-10-15

Syncrude Canada has lost its bid to be dropped from a human rights case filed by a Sikh man who claims to have been fired for having a beard. Syncrude has argued that it was not responsible for firing the man in 2003, maintaining that the electrician was employed by another contractor to work at an expansion project in Fort McMurray. The Sikh man has argued that his religion forbids him from shaving his beard. Syncrude believes that beards are a safety hazard, and workers are required to wear a tight-fitting mask that protects them against gas leaks. The man claims that supervisors took him to one side on his first day at Syncrude to explain the company's policy, and that he offered to buy himself a different type of mask made especially for people with beards and/or eyeglasses. A union steward presented his request to management, but it was rejected. Under Alberta's human rights act, Syncrude must prove that accommodating a worker's needs would cause undue hardship for the company. Human rights advocates have suggested that Syncrude is not honouring human rights legislation in the province. As one of Alberta's largest employers, the question of Syncrude's responsibility in the case is crucial.